Professional Documents
Culture Documents
Ag 718 0704
Ag 718 0704
ISSN 0003-4010
ISBN 9782200930943
DOI10.3917/ag.718.0704
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Caroline Desbiens
Geography teacher; Faculty of Forestry, Geography and Geomatics, Laval University
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Items Land use planning and the question of cultural difference in Canada • 705
Keywords spatial planning, Indigenous peoples, colonialism, Canada, Indian reserve, Cree
First Nation, Innu First Nation, co-management
1 Introduction
1 According to the working definition of the United Nations Organization, the indigenous
peoples of the Americas are characterized by their anteriority on the territory compared to
the European arrivals, the experience of conquest and colonization, their marginalization
by the dominant or majority society, and the desire to preserve their collective identity
(Martínez Cobo, 1986, p. 379). It is further recognized that they are distinguished from
other cultural and political minorities by historical ties to their lands and territories (Daes,
2001). In Canada, the term indigenous peoples is mentioned by the Political Constitution of 1982, encompass
2 In Canada, the terms “Amerindians” and “Indians” are gradually being replaced by that of
“First Nations” (“First Nations”), adopted by those concerned themselves, who are thus
seeking to challenge the idea that only two “founding peoples” – either French and English
– are said to be at the origin of the country.
3 Note that the “Indigenous”/“non-Indigenous” dichotomy is used here for convenience of
language, not reflecting the complexity of the identities, people and places that it is
supposed to designate.
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4 The term “reserve” is part of the official terminology enshrined in the Indian Act.
Dating from 1876, this law has undergone numerous amendments since then, but is still
in force today.
5 Derived from the Cree language, the term Eeyou (Eeyouch in the plural) is increasingly
used to designate the Crees of eastern James Bay, as well as Eeyou Istchee to designate
this region. As the Cree government has not yet generalized the use of these terms, we
have kept the names in French in this article, except in cases where the change in nomenclature is of
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Items Land use planning and the question of cultural difference in Canada • 707
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6
Spatial planning in its current meaning, either as a field of state activity
and a set of professional practices, has as its object the public organization
and production of space through the implementation of policies affecting
urban development and regional, the allocation of collective resources and
infrastructures, zoning and land use. This state planning model , linked to
the rise of Western modernity and the construction of nation-states and
e and XIX
cities in 18th - century Europe , became globalized, particularly in the second
half of the 20th century . century (Escobar,1992; Yiftachel, 1998).
6 In French, land use planning is often synonymous with territorial planning or territorial
development. In English, we will frequently speak of town and country planning,
environmental planning, spatial planning, spatial planning, etc.
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Items Land use planning and the question of cultural difference in Canada • 709
The influence of these ideas, associated with that of the cultural turn,
of feminist, postmodern and postcolonial theories, has favored a
rereading of the history of planning, revealing its practices of exclusion,
the realities that have been neglected, repressed or under silence and
the role of “invisible” actors (Aboriginals, African Americans, women, gays, lesbians, e
These reinterpretations have also focused on practices of ,
resistance,7 including those of indigenous communities. Far from
being the passive recipients of planning imposed from above, the
latter have asserted themselves as actors capable of negotiating or
opposing state interventions, while practicing their own forms of
planning, despite the discrimination suffered (Hibbard, 2006, p. 88; Lane, Hibbard
Critical thinking has also focused on planning as a device for social
control of minorities in societies marked by deep ethnic divisions
(Yiftachtel, 1995; 1998; Yiftachel, Fenster, 1997). According to Oren
Yiftachel, such a system is characterized by four dimensions: a
territorial dimension (control of land and property to limit their access
to minorities, demographic weakening and brake on the geographic
expansion of the latter); a procedural dimension (process of decision-
making, participation and negotiation of legislation and public policies
excluding or marginalizing certain groups); a socio-economic
dimension ( long-term impacts of territorial planning, resulting in the
dependence of the minority group on the majority group); and a
cultural dimension (repercussions of planning policies on the
production of collective identities through effects of cultural homogenization, repress
Apartheid in South Africa, and the spatial separation of black
populations in Britain and the United States, illustrate these policies of
“containment” and socio-spatial segregation. (Post)colonial countries
such as Canada are also concerned, as development there has created
“ internal border” effects between Aboriginals and non-Aboriginals (Yiftachel, Fenste
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8 As planning was not yet a profession in the strict sense of the colonial period, it can however be
postulated that similar intentions, rationalities and technologies were already implemented (Porter,
2010).
9 Porter takes up the hypothesis put forward by Paul Rabinow and James Scott, according to which
the colonies would have constituted laboratories of modernity for Europe: certain ideas of planning
and town planning were experimented there because they could not being in the metropolis (Porter, 2010, p. 43).
10 Schematically, we can say that colonial spatial cultures are based on dualities
characteristic of Western modernity, generating as many “Great divisions” between
culture and nature, humans and non-humans, Us and the Others, etc. They differ from
most indigenous spatial cultures that can be described as "relational", that is to say,
which are part of a continuity between humans and non-humans (plants, animals, rocks, etc.) , livin
(Wilson, 2008, p. 80-125; Poirier, 2008, p. 77); these ideal-types do not exclude, in fact, hybrid
ontologies and cultural interpenetrations (Descola, 2005), due in particular to the processes of
modernization of indigenous societies.
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Items Land use planning and the issue of cultural difference in Canada • 711
11 Meeting of the Friends of Mushuau-Nipi, Rivière George (Quebec), August 2011 (I. Hirt, personal
notes). Évelyne Saint-Onge, originally from the Innu community of Uashat-Maliotenam, played
an important role in Quebec in the fight for the recognition of the rights of Aboriginal peoples
and the rights of women.
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12 The thought of the philosopher Thomas Hobbes had a great influence on this “sedentary” ideology.
For him, anyone not attached to a fixed address because of their poverty or their culture
(beggars, vagabonds, nomads, gypsies, pirates, etc.) must be considered a problem for
those in power (2000 [1651]).
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Items Land use planning and the question of cultural difference in Canada • 713
13 The Bureau of Indian Affairs (BIA) is uncertain of their exact number, and not all of the
564 federally recognized “tribes” have reservations.
14 Source : http://www.aadnc-aandc.gc.ca/eng/1382972075127/1382972154591, accessed
10.10.2016. It should be noted that the first attempts at sedentarization of the
Amerindians in Canada are older. Work of the Jesuits,
e
among others, they date back
to the 17th century, for example with regard to the “reduction” of Sillery, in Quebec.
Some of the earliest “modern” reserves predate the existence of Canadian
Confederation, particularly in Upper Canada (Harris, 2012). In terms of terminology,
“Indian settlement” is used for communities established on territories that, for various reasons, do not h
Moreover, the term "village" is generally used for the Inuit: although they too have
settled in permanent villages, the latter are not established on reserve territories since
the Indian Act does not concern this population. .
15 Source: http://fnp-ppn.aandc-aadnc.gc.ca/fnp/Main/index.aspx?lang=eng, consulted on
27.02.2016. The figures relating to the number of reserves are approximate, certain
reserve lands having become, within the framework of the signing of modern treaties
and the obtaining of forms of self-government (see below), the property of the signatory
First Nations, as well as the new extensions of land acquired through these negotiations.
A map of First Nations in Canada is available here: https://www.aadnc-aandc.gc.ca/DAM/
DAM-INTER-HQ-AI/STAGING/texte-text/ai_mprm_fnc_wal_pdf_1344968972421_eng.pdf .
16 “Band” is a “group of Indians” “(a) for whose common use and benefit lands belonging
to Her Majesty were set apart before or after September 4, 1951; (b) for the common
use and benefit of which Her Majesty holds sums of money; (c) declared by the
Governor in Council to be a band for the purposes of this Act” (Indian Act, s. 2(1)).
The “ Band Council” is the governing body of the band, usually made up of an
elected chief and councillors .
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Items Land use planning and the issue of cultural difference in Canada • 715
To. For a map representing all the Aboriginal nations and villages in Quebec, cf. http://
www.autochtones.gouv.qc.ca/nations/cartes/carte-8x11.pdf (last accessed May 17,
2017).
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reserves and develop their own land code17 (ICU, 2008, p. 15). Finally, in
order to compensate for the limited size of reserves and the excessive
financial costs of their expansion, new forms of indigenous participation
in the management of public lands located off reserves – in other words,
on ancestral territories from which indigenous peoples have been
dispossessed – have been imagined (Rodon, 2003, p. 93).
This new model of territorial governance dates back to the 1970s,
when the surge of hydroelectric and mining activities in the north of
the country met with resistance from the Aboriginal peoples. In 1971,
following the announcement by the Quebec government of Robert
Bourrassa to undertake a large-scale hydroelectric project on the La
Grande River, the Crees of Quebec went to court in 1972 to ask for the
work to be stopped. These legal proceedings allowed them to begin
negotiations leading to the signing of the JBNQA, on November 11,
1975, with the governments of Quebec and Canada18. This Convention
is the first “modern treaty ”19 in Canadian history. As mentioned, it is
part of the federal policy of "comprehensive land claims "20 which
aims to strengthen the autonomy of Aboriginal peoples, in particular
through partial enfranchisement of the Indian Act, and to clarify land
rights in the regions, such as Quebec, where ancestral titles recognized
by the Royal Proclamation of 1763 have not been canceled or
extinguished by treaty; such legal uncertainty being seen as a potential
source of social conflict and a threat to investment and economic
development (Rodon, 2003, p. 68; Grammond, 2009, p. 945).
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Items Land use planning and the question of cultural difference in Canada • 717
2
established their villages22 ). The other two categories are land
(5,500 km from provincial public lands; on Category II lands, the Crees have
2
exclusive hunting, fishing and trapping rights (approximately 70,000 km);
on Category III lands, which includes all lands in the territory under
agreement not included in the other categories, the Crees have certain
exclusive trapping rights , but also non-exclusive hunting and fishing rights
2
that they must coordinate with the other actors in the territory ) (see
(approximately 277,000 km Figure 2) .
The JBNQA allowed the Quebec government to open northern Quebec
to the development and exploitation of resources. In exchange, the Crees
received significant financial compensation which enabled them to ensure
their own economic and social development, and to move towards self-
government, by taking control of all of their social services (education,
health, etc.), and to provide a guaranteed income for hunters and trappers
who devote themselves essentially to traditional activities of exploitation of
the territory. However, the Crees had to be constantly vigilant to enforce
the agreements. In the early 1990s, in alliance with Canadian and American
environmental groups, they opposed another dam project on the Great
Whale River (abandoned in 1994). In 2002, the signing of the Agreement
concerning a new relationship between the Government of Quebec and the
Crees of Quebec, known as the "Peace of the Braves", put an end to the
legal proceedings launched to protest against the abusive exploitation
activities carried out by logging companies on the territory of Eeyou Istchee.
The Crees were able to demand that any future decision respect their
autonomy, their ability to be part of the entire development process on their
territory, while protecting the environment. They gave their agreement to
the Quebec government for new hydroelectric developments (Eastmain and
Rupert rivers), on the condition of participating in them through partnerships
and job creation; forest development must respect traditional hunting and
trapping activities. If the JBNQA was a powerful catalyst for change, both
economic and social, for the Crees of eastern James Bay, the "Peace of the
Braves" can be seen as its extension because, nearly thirty years later, it
clarifies and sets up more concrete methods for its implementation. In
doing so, it enabled the Crees to become major players in logging and in
decisions regarding hydroelectric, mining or tourism development in
northern Quebec.
In the space of forty years, the Crees have therefore regained control of
their destiny, profoundly modified the political and administrative structure
of the northern part of the province, and established “nation-to-nation”
relations with Quebec. The last step in this evolution is the signing, on July 24, 2012, of an
22 It should be noted that the term “reservation” disappears from the terminology of the Convention, thus reflecting the
change in the governance framework.
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23 http://www.greibj-eijbrg.com/fr.
24 The CRRNTs report to the Ministry of Municipal Affairs and Land Occupancy (MAMOT)
and constitute regional governance bodies in each region of Québec.
25 For more details on the negotiation process, see Boivin, Hirt, Desbiens, 2017.
26 For a map of the First Nations signatories of the EPOG, in 2004, and the territories then
subject to negotiations, cf. EPOG Annex 4.1 http://www.aadnc-aandc.gc.ca/eng/
1100100031951/ 1100100032043#chp19_1 (last accessed May 17, 2017).
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Items Land use planning and the question of cultural difference in Canada • 719
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27 Nitassinan: name given by the Innu to their ancestral territory (beyond the reserve) in northeastern
North America , which means “our land, our territory” in the native language.
28 Due to the evolution of Canadian jurisprudence on the nature and scope of Indigenous land rights,
the Comprehensive Claims Policy is in the process of being renewed with respect to the issue of the
extinguishment of these rights: https ://www.aadnc-aandc.gc.ca/eng/1408631807053/ 1408631881247
(last accessed March 6, 2017).
29 At the time of going to press, if there are no obstacles impeding the various stages of ratification of
the treaty, implementation would be scheduled for 2020.
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Clearly, the Quebec state continues to hold its own (colonial) game,
progress for one nation often means a setback for the others.
This is evidenced by the territorial overlaps of the territory agreed to by
the JBNQA with the territories of the Pekuakamiulnuatsh (Ilnus of
Mashteuiatsh), the Atikamekw and the Algonquins, the agreement
having unilaterally extinguished the rights of the latter to the lands they
historically occupied south of the James Bay. Moreover, the JBNQA
has indirectly contributed to producing a two-speed Cree society in
Canada, by ratifying the separation between the Crees of Quebec and
the Crees of Ontario, who can only dream of the political and economic
power enjoyed by their neighbors. As for the EPOG, it contains the risk
of dividing the Innu of Quebec between nations under agreement and
not under agreement, without there being any link with the Innus of
Labrador. On the other hand, however, the situation of the Crees
represents a fundamental historical and symbolic advance for all of the
Aboriginal peoples of Canada. Because it suggests that, in certain
cases, the federal and provincial governments can no longer plan,
manage and develop the territory without taking into account the
presence and territoriality of Aboriginal people. A multi-ethnic regional
government like that of James Bay constitutes a political and territorial
model based on sharing and dialogue, contrary to the colonial model
on which the reserve system is based and which structures space in the form of e
Beyond the specific situation of each Aboriginal people, it is also
the spatial culture underlying the federal policy of “ comprehensive
land claims” that deserves critical examination. To engage in the
negotiation process, Indigenous nations in Canada must demonstrate
their "continued" occupation and use of the land through time-
consuming and costly research (known as "land-use and occupancy
studies ”), despite the ruptures, confinements and relocations that are
the legacy of nearly four hundred years of colonization. In the case of
the Innu, this study, commonly called “the Great Research”, was carried
out in the 1980s at the request of the Attikamek-Montagnais Council (CAM)31 .
The results include the testimony of more than 400 Innu, 17,000 descriptive
files relating to the occupation of the territory, approximately 1,000 maps
and more than a thousand hours of recording32. However, this obligation
to provide “proof” hardly deviates from the colonial logic of terra nullius :
on the one hand, because it casts doubt on the historical presence of
indigenous peoples on the territory; on the other hand, because it denies the cumula
31 Montagnais: name formerly given to the Innu. In 1975, the Attikameks and the Innu joined
together to found the CAM, whose mandate, until its dissolution in 1994, was to promote
the rights of the two nations within the framework of the global territorial negotiation
conducted with the federal and provincial.
32 http://petapan.ca/page/nitassinan, last accessed March 8, 2017. See also Charest, 1982, at this
about.
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with the logics of the market will truly make it possible, in the long term, to
maintain the traditional ways of life and the relational and community models
to which the First Nations claim to belong (Rivard, 2013, p. 35). But no doubt
it is up to the Aboriginal peoples themselves to judge the relevance and
what makes sense, in their eyes. Provided, however, that the aspirations and
opinions of all the members of an indigenous community can be taken into
account in these choices.
5 Conclusion
The objective of this article was to examine the colonial foundations of land
use planning in Canada, and to see to what extent the current political and
social transformations allow a progressive “visibilization” and emancipation
of Aboriginal people in this field. Through the example of the Crees and the
Innu, we have underlined the advances but also the colonial continuities of
these processes, which are characteristic of (post)-colonial states. Indeed,
while the latter tend to recognize rights, they also seek to reconcile
Indigenous demands with existing institutional arrangements and the
ideological foundations of the modern nation-state, thus continuing to
convey colonial practices and imaginaries (Porter , 2010, p.106).
Our analysis focused on the space of reserves and ancestral territories.
However, dealing with the visibility of the indigenous presence in the fields
of land use planning and urban planning must also take into account the
issues of the right to the city of indigenous peoples, which was difficult to
achieve in the past. frame of a single article. Demographic growth, cultural
assimilation policies and the lack of economic prospects have indeed led a
large number of Amerindians (and Inuit) to move to the city. These migrations,
if they have made it possible to decompartmentalize the space of the
reserves, have not yet called into question the hegemonic imaginaries which
tend to associate the Aboriginal peoples with rurality and to consecrate the
reserves as their "natural environment" (Leclère, 2017 ). Also, the presence
of Aboriginal people in urban areas is a phenomenon whose extent is still
difficult to measure, not to mention the urban planning and development
challenges it entails (Comat, 2012; Lévesque, Cloutier, 2013; Walker, Matunga, 2013).
This would suppose in particular to initiate a reflection in terms of circulations
and relations between rural and urban environments.
Starting from the situation of Aboriginal peoples in Canada, this
article also hopes to have fueled a more general reflection on the
issues of cultural diversity and socio-spatial justice in the field of
planning and urban planning. Because such a reflection concerns all
societies in which cultural or political minorities demand the recognition
of rights and their transposition in the urban, regional or national space (Sanderc
It highlights the question of the participation of individuals or groups
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