Why the first river in Canada to become a legal person signals a boon for Indigenous Rights

From the Narwhal….

The Muteshekau Shipu (Magpie River) in Québec will enjoy new protections as Canada joins a global movement to recognize both Indigenous law and the rights of nature

The Muteshekau Shipu (Magpie River) runs nearly 300 kilometres in Québec’s Côte-Nord region. The river is culturally significant for the Innu and it is popular with white water paddlers and rafters.

Despite efforts to protect the river, Muteshekau Shipu continues to be threatened by potential new hydroelectric dam development. But, in February, the Innu Council of Ekuanitshit and the Minganie Regional County Municipality declared the Muteshekau Shipu (Magpie River) a legal person, a move that may provide greater certainty for this majestic river’s future.

While a first in Canada, granting legal personhood to natural entities is part of a global movement to recognize the rights of nature in law. Indigenous communities around the world are leading the way in upholding the rights of sacred and ancestral rivers, forests and mountains.

Recognizing the rights of nature is an opportunity to elevate the power of Indigenous Peoples’ laws and worldviews to benefit all peoples.

Extractive values — the belief that natural entities are resources that can be used for human benefit with little regard for their well-being and longevity — are deeply embedded in Canada’s legal and economic systems.

These values influence the ideologies at the root of our biodiversity and climate crises. These ideologies justify the transformation of rivers, forests and the atmosphere into commodities and private property at our own peril. Recognizing natural entities as legal persons and enshrining their rights in law is a promising legal innovation.

The rights of nature

On Feb. 23, the Alliance for the Protection of the Magpie River/Muteshekau Shipu recognized nine rights of the river. These include the rights to evolve naturally and be protected, to be free of pollution and to sue.

The members of the Innu Council of Ekuanitshit, part of the alliance, will now be the river’s guardians. This means that those with long-standing relationships to Muteshekau Shipu will be formally entrusted with the river’s care for future generations.

Read more

Why the first river in Canada to become a legal person signals a boon for Indigenous Rights