A Message regarding the rights of the Crees
Un Message concernant les droits des Cris
1. Who Are "People" with the Right to Self-determination?
1.1 Aboriginal Peoples as Distinct "Peoples"
1.2 Quebecers as a Distinct "People"
1.3 Can Aboriginal Peoples be Forcibly Included as Part of the "QuÃ©bec People" for Secession Purposes?
2. Self-Determination and the Right to Secede
2.1 Right to Self-Determination of Aboriginal Peoples
2.2 Recognition of Self-Determination Not a Precedent for a Right to Secede
2.3 Self-Determination - The Right to Choose
3. QuÃ©bec's Secession Attempt - On What Basis is it Justifiable?
3.1 Canadian Constitution - No Right to Unilaterally Secede
3.1.1 Has a constitutional convention been established in regard to the unilateral secession of QuÃ©bec?
3.2 Internal Self-Determination of Quebecers
3.3 PQ Strategy to Undermine the Functioning of the Canadian Federation
3.4 International Law - No Right of QuÃ©bec to Secede
3.4.1 Key distinctions between QuÃ©bec and former Yugoslavia
3.4.2 Key distinctions between QuÃ©bec and Baltic states
3.5 Need for Informed Discussion Prior to Referendum Vote
3.5.1 Attempts to suppress free and open debate
3.5.2 Need to clarify basis for PQ government's unilateral declaration of independence
4. Effective Control and the Use of Force
4.1 Effective Control - Secession By Revolution
4.2 Potential Use of Force by Governments
4.2.1 Use of force by PQ government
4.2.2 Use of force by Canadian government
5. Boundary Issues in the Context of QuÃ©bec Secession
5.1 QuÃ©bec's Borders at Risk Following a UDI
5.2 The Notion of Uti Possidetis 184
5.3 Inapplicability of Uti Possidetis to the Canada/QuÃ©bec/Aboriginal Context
5.4 The 1898 and 1912 Boundary Extensions in QuÃ©bec
5.4.1 Rationale for provincial boundary extensions in 1912
5.4.2 Failure to obtain Aboriginal peoples' consent to 1898 and 1912 transfers
6. QuÃ©bec "Territorial Integrity" - Unilaterally Imposed on Aboriginal Peoples
7. Analysis of Five-expert Study Commissioned by QuÃ©bec National Assembly
8. Relevance of the James Bay and Northern Quebec Agreement
8.1 JBNQA Negotiations - Inequitable Conditions and Circumstances
8.2 Denial of Cree Self-Determination Under JBNQA
8.3 Legal Status of JBNQA in the Context of QuÃ©bec Secession
8.3.1 Effect of JBNQA under Canadian law
8.3.2 Effect of JBNQA under international law
9. QuÃ©bec's 1995 Referendum on Independence
9.1 Inherent Limitations of Referendums and Lack of Legitimacy in QuÃ©bec's Process
9.2 Significance of Referendums by Aboriginal Peoples in QuÃ©bec
9.3 Inadequacies of a Simple Majority Vote
9.3.1 July 1948 Newfoundland referendum - a precedent for QuÃ©bec secession?
9.4 Absence of a Proposed Constitution and Other Negotiated Arrangements for a New QuÃ©bec State
10. Fiduciary Responsibilities of Governments in the Context of QuÃ©bec Secession
10.1 Fiduciary Obligations of Canadian Government 314
10.2 Fiduciary Obligations of QuÃ©bec Government 322
11. Responsibilities of the International Community in the Aboriginal/QuÃ©bec Context
11.1 Appropriate Measures to be Taken by the International Community'
12. Potential Impacts of QuÃ©bec Secession on Aboriginal Peoples
12.1 Canadian Federation versus a Unitary QuÃ©bec State - Essential Differences
13. Academic Literature on Secession: Serious Shortcomings Affecting Aboriginal Peoples
14. Summary of Double Standards, Inconsistencies and Discrimination by Separatists
Conclusions and Recommendations