The Cree Nation has joined other First Nations leaders, civil liberties groups and legal experts in condemning legislation that would establish a Quebec constitution. On February 12, Cree leadership appeared before the Parliamentary Committee in Quebec City to express grave concerns regarding the proposed document’s failure to recognize Indigenous rights.
The Quebec Constitution Act, known as Bill 1, has drawn intense criticism since even before it was tabled in October for the governing Coalition Avenir Québec’s failure to consult the public before releasing a draft. Legal experts warn it would centralize power, weaken judicial oversight and infringe on individual freedoms.
Indigenous leaders denounce the legislation as assimilationist and colonialist, only mentioning “ancestral and treaty rights” in a brief preamble. The document states the province’s territory is the “historic homeland” of the Quebec nation with French as its only common language.
“Including Aboriginal rights in the preamble is quite meaningless,” said Cree Grand Chief Paul John Murdoch. “Their first position was not putting anything about Aboriginal people in the constitution, so you have no reason to complain. It sounded utterly ridiculous, showing maybe you don’t know what a constitution is.”
As a lawyer, Murdoch has had unique insights about the province’s problematic constitution process since being elected Grand Chief last July. He was reluctant to attend a proposed meeting with Quebec justice minister Simon Jolin-Barrette in September before understanding the position of the Cree community Chiefs, especially without being shown the draft text.
Last summer, Cree Chiefs were so concerned about the rumoured constitution that initial plans to celebrate the James Bay and Northern Quebec Agreement’s 50th anniversary with the provincial government in Quebec City were cancelled. As analysis of the actual legislation raised increasing alarm, Chiefs determined it was necessary to make a unified stand in Quebec City.
“It was an amazing experience to be the conduit for the Chiefs of Eeyou Istchee,” said Murdoch. “I believe the minister was a bit surprised [our argument] was technically very sound and not just emotional political rhetoric. I was so glad all the Chiefs were there.”
In a brief sent the week before the hearing, the CNG’s position was made clear in its conclusion: “Both the process and the substance of the Constitution are severely flawed. It should be withdrawn and this entire initiative should be reconsidered.”
Amnesty International said the “regressive” Bill 1 lacks legitimacy and jeopardizes the rights of linguistic and cultural minorities. Other groups called on the United Nations to examine it for potential human rights abuses.
Critics have suggested sections curtailing court challenges and federal intervention signal a drift towards authoritarianism. Feminists have warned that a provision stating a woman’s right to abortion actually opens the door to legal challenges that could have the opposite effect.
Following other recent CAQ measures that have targeted immigrants and anglophones to supposedly promote secularism and the French language, the proposed constitution institutionalizes an identity nationalism favouring vaguely defined “collective rights”.
“A constitution is supposed to protect the population, outlining how government will protect the vulnerable members of a community,” asserted Murdoch. “This is pandering to an extreme base to the detriment of the rest of the population.”
Speaking to the National Assembly committee, Murdoch contrasted the CAQ’s approach with his family’s personal history in securing Cree rights. In 1972, Murdoch’s grandfather Malcolm Diamond and uncle Billy Diamond went to the National Assembly after former Premier Robert Bourassa announced the hydroelectric “project of the century”.
When Bourassa dismissed the Crees as having no rights, insulting the Elder and ending the meeting, the young leaders launched the movement that culminated in the JBNQA. This “first modern treaty” spells out a specific relationship between Canada, Quebec and the Crees.
“One of the most offensive things about this constitution is there are so many parts that utterly contradict what the JBNQA says,” Murdoch stated. “Back in 1972, Bourassa can claim ignorance – there was no such thing as Aboriginal rights. But in 2026, I don’t think Legault or Barrette can claim ignorance as to why they did not recognize Aboriginal rights.”
Finding it outrageous that Quebec would attempt to ignore the legal fact that Cree local governance supersedes federal and provincial laws in Cree communities, Murdoch said it makes no sense to adopt a constitution that would diminish established Indigenous rights.
Murdoch told the committee how former Grand Chief Billy Diamond worked to enshrine Indigenous rights in the Canadian constitution; Diamond’s relationship with former Parti Québécois Premier René Lévesque helped ensure First Nations had a seat at the table.
The friendship between Cree and Quebec leaders Ted Moses and Bernard Landry while negotiating the Paix des Braves agreement was also cited, which Murdoch believed had definite impact on the committee.
“If it wasn’t for that personal relationship, I’m not sure that Section 35 would be in the constitution,” said Murdoch. “How do you explain having a separatist premier who goes out of his way to ensure Indigenous rights are recognized and 40 years later you have this provincial government going backwards?”
With urgent issues such as housing, employment and climate change to address, Murdoch lamented how much time and energy this constitutional process is consuming. While the Cree Nation’s preferred approach to government negotiations has always been offering solutions, it seems there’s only one way to resolve this issue.
“That it was developed by a small group, excluding others, is a foundational problem,” Murdoch said. “There’s no way you can fix such an important document with an amendment. We told the government our only recommendation is to scrap this law and start over. The day you want to do that, we’ll collaborate and contribute.”