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From: tgee@superior.carleton.ca (Travis Gee)
Subject: Northern Quebec secession?
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Summary: Discusses Quebec Border Extension Act, 1912
Keywords: quebec,referendum,Canadian statutes
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Organization: Carleton University
Date: Wed, 25 Oct 1995 19:21:06 GMT
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Xref: paperboy.uconn.edu soc.culture.canada:45847 soc.culture.quebec:6754

Below the .sig is a rather important Canadian statute, passed in 1912.
The Quebec Boundaries Extension Act *conditionally* cedes to Quebec
the northern territories which the Cree of Northern Quebec are now
voting to take *out* of an independent Quebec, should the PQ achieve
its goals.  One question that has never been clearly ansered in the
referendum debate is "Will Canada accept the peoples of the Ungava
region currently in Northern Quebec should they decide to secede from
an independent Quebec nation?"  A related question is "Will an
independent Quebec give the same rights to the inhabitants of this
region that it claims for itself?"

Carful reading of the conditions under which the territory was ceded
(see below, sect. 2 (a) through (d) ) indicates several things:

1.  The people of this region have an historic basis for not
    considering themselves truly 'quebecois' because they have traditionally
    been distinguished from the rest of the Quebec population for
    census and electoral representation purposes, making their
    "distinct society" status an even older tradition than PQ politicians'
    demands for the same.  This is probably what Bloc advisor Daniel
    Turp was alluding to when he suggested some time ago (before being
    gagged by his handlers) that the natives have as much right to
    separate - and perhaps more - as do the other people of Quebec.

2.  An independent Quebec will have no legal supervision from the Federal
    Government to ensure that the rights of the natives (particularly the
    James Bay tribes) are not grossly violated, a condition that the
    Province of Quebec agreed to as a condition of possession of that
    territory.

3.  The Government of Canada never ceded the right to determine what parts
    of this territory should be used by the natives, and the Government of
    Quebec, in accepting these terms, made it impossible for future
    Governments of Quebec to seize territory that Parliament has retained
    discretionary control over.

Why has the Government of Canada not made its position clear?  Why do
the separatists feel they can ignore the agreement they signed? Do
Canadians not have a *responsibility* to safeguard the rights of the
people of this region should they wish to remain as part of Canada?
And is not a refusal of the PQ government to allow this region to
secede sheer hypocrisy? 

((((((((((((((((((((((((((((((((((((((((((((((((((((((((((
Travis Gee () tgee@superior.carleton.ca ()
           ()                           ()        ()()()()
           ()                           ()              ()
           ()                           ()()()()()()()()()
The opinions stated herein are my own and not necessarily
anyone else's.  You are, of course, welcome to share them.

--------------------cut here--------------------


                              2 George V.

                               Chapt. 45.

           An Act to extend the Boundaries of the Province of
                                 Quebec

                                           [Assented to 1st April, 1912.]

 |   Whereas on the thirteenth day of July, one thousand     |  Preamble.
 |   nine hundred and eight, the House of Commons            |
 |   resolved that the limits of the province of Quebec      |
 |   should be increased by the extension of the             |
 |   boundaries of the province northwards so as to          |
 |   include the territory hereinafter described, as in      |
 |   the said resolution is more partcularly set out,        |
 |   upon such terms and conditions as may be agreed to      |
 |   by the Legislature of Quebec and by the Parliament      |
 |   of Canada:  Therefore, subject to the consent of        |
 |   the said Legislature, His Majesty, by and with the      |
 |   advice and consent of the Senate and House of           |
 |   Commons of Canada, enacts as follows:-                  |
 |     1.  This Act may be cited as The Quebect Boundaries   |  Short title.
 |   Extension Act, 1912.                                    |
 |     2.  The limits of the province of Quebec are hereby   |  Boundaries
 |   increased so that the boundaries thereof shall          |  extended.
 |   include, in addition to the present territory of        |
 |   the said province, the territory bounded and            |
 |   described as follows:- Commencing at the point at       |
 |   the mouth of East Main river where it empties into      |
 |   James bay, the said point being the western             |
 |   termination of the northern boundary of the             |
 |   province of Quebec as established by chapter 3 of       |
 |   the statutes of 1898, intitled An Act respecting       |  1898, c.3.
 |   the north-western, northern and north-eastern           |
 |   boundaries of the province of Quebec;  thence           |
 |   northerly and easterly along the shores of Hudson       |
 |   bay and Hudson strait;  thence southerly, easterly,     |
 |   and northerly along the shore of Ungava bay and the     |
 |   shore of the said strait;  thence easterly along        |
 |   the shore of the said strait to the boundary of the     |
 |   territory over which the island of Newfoundland has     |
 |   lawful jurisdiction;  thence southeasterly along        |
 |   the westerly boundary of the said last mentioned        |
 |   territory to the middle of the Bay du Rigolet or        |
 |   Hamilton Inlet; thence weterly along the norther        |
 |   boundary of the province of Quebec as established       |
 |   by the said Act to the place  of commencement; and      |
 |   all the land embraced by the said description           |
 |   shall, from and after the commencement of this Act,     |
 |   be added to the province of Quebec, and shall, from     |
 |   and after the said commencement, form and be part       |
 |   of the said province of Quebec upon the following       |
 |   terms and conditions and subject to the following       |
 |   provisions:-                                            |
 |          (a) That the population of the territory         |  Population a
 |   hereby added to the province of Quebec shall be         |  affecting
 |   excluded in ascertaining the population of the said     |  represen-
 |   province for the purposes of any readjustment of        |  tation.
 |   the representation of the other provinces               |
 |   consequent upon any census;                             |
 |          (b) That in the general census of the            |  Population
 |   population of Canada which is required to be taken      |  under
 |   in the year one thousand nine hundred and twenty-       |  decennial
 |   one and in every tenth year thereafter the              |  census.
 |   population of the territory hereby added to the         |
 |   province of Quebec shall be distinguished from that     |
 |   of the said province as heretofore constituted, and     |
 |   the representation of the said territory to the         |
 |   rules enacted by section 51 of "The British North       |  B.N.A. Act,
 |   America Act, 1867," regulating the representation       |  s.51.
 |   of the provinces other than Quebec;                     |
 |          (c)  That the province of Quebec will            |  Indian right
 |   recognize the rights of the Indian inhabitants in       |  in new
 |   the territory above described to the same extent,       |  territory.
 |   and will obtain surrenders of such rights in the        |
 |   same manner, as the Government of Canada has            |
 |   heretofore recognized such rights and has obtained      |
 |   surrender thereof, and the said province shall bear     |
 |   and satisfy all charges and expenditure in              |
 |   connection with or arising out of such surrenders;      |
 |          (d)  That no such surrender shall be made or     |  Surrenders.
 |   obtained except with the approval of the Governor       |
 |   in Council;                                             |
 |          (e)  That the trusteeship of the Indians in      |  Trusteeship.
 |   the said territory, and the management of any lands     |
 |   now or hereafter reserved for their use, shall          |
 |   remain in the Government of Canada subject to the       |
 |   control of Parliament.                                  |
 |     3.  Nothing in this Act shall in any way prejudice    |  Hudson's Bay
 |   or affect the rights or properties of the Hudson's      |  Company
 |   Bay Company as contained in the conditions under        |  rights
 |   which that company surrendered Rupert's Land to the     |  preserved.
 |   Crown.                                                  |
 |     4.  This Act shall come into force on a day to be     |  Commencement
 |   fixed by proclamation of the Governor in Council        |  of Act.
 |   published in The Canada Gazette, but such               |
 |   proclamation shall not be made until after the          |
 |   Legislature of Quebec shall have consented to the       |  Consent of
 |   increase of the limits of the province herein           |  Quebec
 |   provided for, and agreed to the terms, conditions       |  Legislature
 |   and provisions aforesaid.                               |
                               -------------------
                 OTTAWA:  Printed by CHARLES HENRY PARMELEE, Law
                  Printer to the King's most Excellent Majesty.