Abstract
I would like to frame my remarks within a legal focus, rather than the more explicitly political contributions to this general topic. I would also like to respond to some extent to comments that have been made about self-determination for the province of Québec. In a sense, the topic of my remarks is a question, a very basic one: “Does the road to Québec’s sovereignty run through Aboriginal territory?”1 It is a bit of a foregone conclusion that my answer is going to be “yes”. The matter of self-determination for Québec is not central to a discussion of Aboriginal claims to self-determination. However, as I have suggested, the issues intersect. I will therefore address the whole matter of Aboriginal self-determination through the theme of Québec self-determination.
For a more detailed treatment of Québec secession and Indigenous peoples’ status and rights, see M. E. Turpel, “Does the Road to Québec Sovereignty Run through Aboriginal Territory?”, in D. Dvache and R. Pervin (eds), Negotiating with a Sovereign Québec (Toronto: Lorimer, 1993), p. 42.
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Notes
See, Quebec in a New World: The PQ Plan for Sovereignty (Toronto: Lorimer, 1994).
H. Bucheit, Secession: The Legitimacy of Self-Determination (New Haven: Yale University Press, 1978).
See Professor Turp’s remarks, supra, chapter 15, and his chapter, “Quebec’s Democratic Right to Self-Determination”, in Tangled Web: Legal Aspects of Deconfederation (Toronto: C. D. Howe Institute, 1992), p. 99.
For an articulation of this position see, D. Cliche, “The Sovereignty and Territorial Integrity of Quebec”, The Network, May 1992, p. 10.
Frontier Dispute (Burkina Faso/Mali), 80 ILR 440, p. 554 (separate opinion).
Cited in I. Brownlie, Principles of International Law, 4th edn (Oxford: Clarendon Press, 1989), p. 135. Professor Brownlie also suggests that uti possidetis is “by no means mandatory and states are free to adopt other principles”.
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© 1996 Palgrave Macmillan, a division of Macmillan Publishers Limited
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Turpel, M.E. (1996). The Cultural Non-Homogeneity of Québec: Secessionism, Indigenous Legal Perspectives and Inseparability. In: Clark, D., Williamson, R. (eds) Self-Determination. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-24918-3_16
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