DOCSLIB.ORG

The Politics of Abortion in Canada After Morgentaler: Women’S Rights As Citizenship Rights

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Politics of Abortion in Canada After Morgentaler: Women’S Rights As Citizenship Rights The Politics of Abortion in Canada After Morgentaler: Women’s Rights as Citizenship Rights by Rachael Elizabeth Grace Johnstone A thesis submitted to the Graduate Program in the Department of Political Studies in conformity with the requirements for the Degree of Doctor of Philosophy Queen’s University Kingston, Ontario, Canada November, 2012 Copyright © Rachael Elizabeth Grace Johnstone, 2012 Abstract This dissertation explores the regulation of abortion in Canada following the landmark R v Morgentaler decision (1988), which struck down Canada’s existing abortion law, causing the procedure’s subsequent reclassification as a healthcare issue. The resulting fragility of abortion rights is still evident in the varying provincial regulations governing the nature of access to the procedure. While access has been accepted as the new terrain of abortion rights, research into this area to date has taken a largely national focus, surveying provincial barriers and compiling lists of potential motivations for differences in service. This dissertation builds on this work through the use of specific case studies of provinces representative of a spectrum of access in Canada – New Brunswick, Ontario, and Quebec. Through the use of original interview data, these cases are compared and contrasted on previously enumerated grounds believed to have an influence on the treatment of abortion. By isolating the impact of specific processes responsible for the regulation of abortion, through research into its treatment in politics, law, medicine, and public discourse, this study endeavours to offer a more nuanced explanation for varying levels of provincial access to abortion services. Ultimately it finds that a province’s social climate, characterized by attitudes towards the ongoing rights versus morality debate championed by pro- and anti-choice social movements, has had the greatest impact in shaping public perceptions of the procedure. These attitudes in turn have a profound effect on the nature of provincial access. Using a citizenship framework grounded in social reproduction, which understands anti- abortion politics as elements of backlash against progressive advances in women’s citizenship, this dissertation argues for the need to understand abortion as a right of women’s citizenship to address the precarious treatment of abortion services. Recognition of women’s unique reproductive abilities through a citizenship paradigm is necessary before women can hope to ii achieve equality. Only when abortion is entrenched as a right of citizenship and this understanding of the procedure is embedded in social perceptions, can women not only be treated as equal citizens, but also understand themselves to be equal citizens. iii Acknowledgements First and foremost, I would like to acknowledge my supervisor Dr. Abigail Bakan for her support and guidance during my time at Queen’s. I have always found our discussions enlightening and am grateful for her constant encouragement. I must also thank the faculty and staff of the Political Studies Department, whose advice, assistance, and welcoming attitudes helped me through this process. I would like to specifically thank Margaret Little, Elizabeth Goodyear-Grant, Janet Hiebert, and Jonathan Rose. Additionally, I want to acknowledge Barb Murphy, Frances Shepherd, Dianne Flint, Jennifer Falle, Jeananne Vickery, Amelia Pont-Viveiros, Micheline Boomhour, and Karen Vandermey. I would also like to thank the purveyors of the Graduate Dean’s Travel Grant for Doctoral Field Research for supporting me in my research. Life in the Department would not have been the same without my friends and colleagues, with whom I shared countless entertaining conversations. I would like to acknowledge Megan Gaucher, Lucia Salazar, Erin Tolley, Aaron Ettinger, Andrea Collins, Beesan Sarrouh, Erin Clow, Jessie Lindley, Victoria Tait, Emmett MacFarlane, Anna Drake, Charan Rainford, Adrienne Koning, Iain Reeve, and Sara Pavan for providing an invaluable support network. I would also like to thank my longtime friend and officemate Chris Samuel. I would be remiss if I did not thank Angela Pietrobon for her wonderful work editing my thesis. I am also grateful to Joanne Wright, whose guidance and encouragement helped convince me to pursue my doctorate in the first place. I cannot forget to thank the Chevriers, my second family, for their lifelong love and encouragement, especially Sara Dunton, for her comradery throughout this degree. I would like to thank my parents, Lowell and Raylene Johnstone, and my brother, Robert iv Johnstone, for their endless love and support. They endured many late nights and plenty of stress on my behalf in helping me to get here, for which I am eternally grateful. Finally, I must thank my partner, Christopher Bennett, not only for his love and support, but for making the final leg of this experience a truly happy one. v Dedication For my parents, Lowell and Raylene Johnstone, who, when I said I was going to study feminism instead of medicine, said “Great!” And, when Gender and Politics led me to the study of abortion access, said “Wonderful!” Thank you for talking about my work with pride no matter how awkward dinner party conversations became. I love you both more than I could ever express. vi Table of Contents Abstract ........................................................................................................................................... ii Acknowledgements ........................................................................................................................ iv Dedication ...................................................................................................................................... vi Glossary of Acronyms .................................................................................................................... x Chapter 1. Introduction ................................................................................................................... 1 Abortion as a Right of Citizenship ............................................................................................. 4 Methodology ............................................................................................................................. 10 Case Studies .............................................................................................................................. 11 Mixed-Method Approach: Documents and Interviews ............................................................ 14 Difficulties Accessing Information ........................................................................................... 20 Chapter Outlines ....................................................................................................................... 20 Chapter 2. Rights, Morality, and Abortion Access in Canada ...................................................... 26 The Moral and Rights Frames .................................................................................................. 26 Necessary Essentialism: Addressing Issues of Intersectionality in Body Politics .................... 33 Abortion Access in Canada: The Literature ............................................................................. 36 Original Contributions .............................................................................................................. 39 Chapter 3. “Fragile, Incomplete, and Contradictory”: Abortion in Canadian Federal Politics and the Courts ...................................................................................................................................... 42 Law and Politics: Abortion Regulation Before 1988 ................................................................ 46 Dr. Henry Morgentaler ............................................................................................................. 50 Expanding Westward ............................................................................................................ 56 R v Morgentaler (1988) ......................................................................................................... 57 The Mulroney Administration .................................................................................................. 60 Testing the Limits of the Morgentaler Decision (1988) ........................................................... 62 Borowski ................................................................................................................................... 65 Bill C-43 ................................................................................................................................... 67 Pro-Choice Caucus ................................................................................................................... 70 The Harper Administration ....................................................................................................... 73 Conclusion ................................................................................................................................ 78 vii Chapter 4. Political and Legal Responses to R v Morgentaler (1988) in the Provinces: Along a Spectrum of Citizenship ................................................................................................................ 80 New Brunswick: Falling off the Spectrum ............................................................................... 83 Ontario: Citizenship Rights on Precarious Ground .................................................................
Load more

Recommended publications
  • Countering Opponents
    COUNTERING OPPONENTS H I S T O R Y Canada's anti-abortion movement formed in response to the 1969 Omnibus Bill C-150 – the same law that inspired the 1970 Abortion Caravan. The Canadian Conference of Catholic Bishops began working to ensure that abortion remained illegal in Canada, as well as national organizations such as Birthright and Alliance for Life formed around this time to champion the "pro-life" cause. The movement gained momentum in the 1970s, after the US Supreme Court legalized abortion in 1973, and as Dr. Henry Morgentaler and feminist activists began opening illegal clinics in Quebec. When Morgentaler opened a clinic in Toronto in 1983, Ken Campbell of the organization Choose Life urged evangelical Christians to engage in pro- life work, which many did by aggressively picketing outside the clinic. Following the decriminalization of abortion in Canada via R v. Morgentaler (1988), pro-life organizing in this country escalated. Opponents brought two cases before the same court in 1989—Tremblay v Daigle and Borowski v Canada—to establish fathers' and fetal rights in relation to abortion - both of which failed. That year, Brian Mulroney's Progressive Conservatives also attempted to recriminalize abortion by introducing Bill C-43. While the bill was defeated in the Senate, a young woman named Yvonne Jurewicz died soon after, from self-inducing because she believed abortion was illegal once again. Around this time, physical violence PHOTO CREDIT: against abortion providers escalated. The Toronto Maclean's Morgentaler Clinic was firebombed in 1992 (leading the building to be demolished and the clinic relocated) and between 1994 and 2000 three providers were shot and stabbed in their homes and outside their clinics.
    [Show full text]
  • Safe Abortion Care
    Training course in adolescent sexual and reproductive health 2021 Safe abortion care Morvarid Irani Torbat Heydariyeh University of Medical Sciences, Torbat Heydariyeh, Iran [email protected] Question 1 What are WHO’s recommendations on safe abortion care for adolescents? • Policy: Ensure laws and policies enable adolescents to obtain safe abortion services. • Community: Identify and overcome barriers to the provision of safe abortion services for adolescent girls. • Health facility: o Ensure adolescents have access to post-abortion care as a life-saving medical intervention, regardless of whether the abortion or attempted abortion was legal. o Ensure adolescents who have had abortions can obtain post-abortion contraceptive information and services, regardless of whether the abortion was legal. • Individual: Enable adolescents to obtain safe abortion services by informing them and other stakeholders about the dangers of unsafe methods of interrupting a pregnancy, the safe abortion services that are legally available, and where and under what circumstances abortion services can be legally obtained Question 2 A 19 year-old girl has decided after counselling to have a medical abortion for an unintended pregnancy of 12 weeks. What is the WHO recommended medical abortion regimen in this situation? To prevent a repeat unintended pregnancy, when could this young woman be recommended an oral contraceptive? • WHO suggest the use of 200 mg mifepristone administered orally, followed 1–2 days later by repeat doses of 400 μg misoprostol administered vaginally, sublingually or buccally every 3 hours. The minimum recommended interval between use of mifepristone and misoprostol is 24 hours. • For the misoprostol-only regimen, WHO suggest the use of repeat doses of 400 μg misoprostol administered vaginally, sublingually or buccally every 3 hours.
    [Show full text]
  • Strategies & Tools for Gender Equality
    Strategies & Tools for Gender Equality First Edition: Abortion Rights Religious Refusals May 2015 © 2015 Legal Voice COMPILED BY THE ALLIANCE: STATE ADVOCATES FOR WOMEN’S RIGHTS & GENDER EQUALITY OF THE STATES, BY THE STATES, FOR THE STATES Strategies & Tools for Gender Equality TABLE OF CONTENTS • Alliance Organizations Overview ............................................................. 3 • Introduction ............................................................................................. 5 Part 1: Securing and Advancing Abortion Rights • Introduction ............................................................................................. 9 • California Women’s Law Center: California ........................................... 10 • Gender Justice: Minnesota .................................................................... 17 • Legal Voice: Washington, Oregon, Idaho, Montana, Alaska .................. 19 • Southwest Women’s Law Center: New Mexico ..................................... 30 • Women’s Law Project: Pennsylvania ..................................................... 40 Part 2: Combating Religious Refusals Targeting Women and LGBTQ Individuals • Introduction .......................................................................................... 53 • California Women’s Law Center: California ........................................... 54 • Gender Justice: Minnesota, Nebraska ................................................... 62 • Legal Voice: Washington, Oregon, Idaho, Montana, Alaska .................. 66
    [Show full text]
  • Journaux Journals
    HOUSE OF COMMONS OF CANADA CHAMBRE DES COMMUNES DU CANADA 37th PARLIAMENT, 1st SESSION 37e LÉGISLATURE, 1re SESSION Journals Journaux No. 12 No 12 Tuesday, February 13, 2001 Le mardi 13 février 2001 10:00 a.m. 10 heures The Clerk informed the House of the unavoidable absence of the Le Greffier informe la Chambre de l’absence inévitable du Speaker. Président. Whereupon, Mr. Kilger (Stormont — Dundas — Charlotten- Sur ce, M. Kilger (Stormont — Dundas — Charlottenburgh), burgh), Deputy Speaker and Chairman of Committees of the Vice–président et président des Comités pléniers, assume la Whole, took the Chair, pursuant to subsection 43(1) of the présidence, conformément au paragraphe 43(1) de la Loi sur le Parliament of Canada Act. Parlement du Canada. PRAYERS PRIÈRE DAILY ROUTINE OF BUSINESS AFFAIRES COURANTES ORDINAIRES PRESENTING REPORTS FROM COMMITTEES PRÉSENTATION DE RAPPORTS DE COMITÉS Mr. Lee (Parliamentary Secretary to the Leader of the M. Lee (secrétaire parlementaire du leader du gouvernement à la Government in the House of Commons), from the Standing Chambre des communes), du Comité permanent de la procédure et Committee on Procedure and House Affairs, presented the des affaires de la Chambre, présente le 1er rapport de ce Comité, 1st Report of the Committee, which was as follows: dont voici le texte : The Committee recommends, pursuant to Standing Orders 104 Votre Comité recommande, conformément au mandat que lui and 114, that the list of members and associate members for confèrent les articles 104 et 114 du Règlement, que la liste
    [Show full text]
  • Core 1..104 Hansard (PRISM::Advent3b2 6.50.00)
    CANADA House of Commons Debates VOLUME 138 Ï NUMBER 116 Ï 2nd SESSION Ï 37th PARLIAMENT OFFICIAL REPORT (HANSARD) Wednesday, June 11, 2003 Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire´´ at the following address: http://www.parl.gc.ca 7131 HOUSE OF COMMONS Wednesday, June 11, 2003 The House met at 2 p.m. challenged clients received a donation from Sun Country Cable, a donation that will enable the centre to continue its work in our Prayers community. Sun Country Cable donated the building. This building is next to Kindale's existing facility and both properties will eventually lead to construction of a new centre. In the meantime, the Ï (1405) building will be used for training and respite suites. [English] I am proud to be part of a community that looks out for those less The Speaker: As is our practice on Wednesday we will now sing fortunate. Charity does begin at home. O Canada, and we will be led by the hon. member for Winnipeg North Centre. *** [Editor's Note: Members sang the national anthem] [Translation] SOCIÉTÉ RADIO-CANADA STATEMENTS BY MEMBERS Mr. Bernard Patry (Pierrefonds—Dollard, Lib.): Mr. Speaker, I would like to share some of my concerns about the recent decision [English] by Société Radio-Canada to cancel its late evening sports news. CHABAD Hon. Art Eggleton (York Centre, Lib.): Mr. Speaker, I rise to I am worried, because last year this crown corporation had also decided to stop broadcasting the Saturday night hockey games, La pay tribute to Chabad Lubavitch which is the world's largest network Soirée du hockey.
    [Show full text]
  • Canadian Abortion Law
    The Catholic Lawyer Volume 30 Number 4 Volume 30, Number 4 Article 3 Canadian Abortion Law Raymond Michael Ferri Terese Ferri Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the International Law Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. CANADIAN ABORTION LAW RAYMOND MICHAEL FERRI* AND TERESE FERRI** INTRODUCTION Rarely has an issue sustained the level of public controversy that the abortion issue has. Even more rarely has a controversy been as protracted and seemingly irreconcilable as this. Moreover, the controversy appears to be heightening rather than diminishing in public stature. Abortion is surely an issue of the utmost importance in its own right. But its social impact has been intensified by the fact that it has become a focal point for many other serious social issues. Abortion has become, it seems, the point around which two fundamentally irreconcilable sets of values have begun to crystallize in modern society. Few subjects have pro- voked such fundamentally divergent responses. As the emerging rift deep- ens, the ability to remain neutral dissolves. The implications of abortion in the nature and control of incipient human life, the function of law, the purpose of medicine, the legal and ethical responsibilities of public institutions, touch all of us deeply and personally. These far-reaching implications require that the difficult reali- ties of abortion be honestly confronted and compassionately assessed with an acute awareness of the individual and social consequences.
    [Show full text]
  • Provincial Solidarities: a History of the New Brunswick Federation of Labour
    provincial solidarities Working Canadians: Books from the cclh Series editors: Alvin Finkel and Greg Kealey The Canadian Committee on Labour History is Canada’s organization of historians and other scholars interested in the study of the lives and struggles of working people throughout Canada’s past. Since 1976, the cclh has published Labour / Le Travail, Canada’s pre-eminent scholarly journal of labour studies. It also publishes books, now in conjunction with AU Press, that focus on the history of Canada’s working people and their organizations. The emphasis in this series is on materials that are accessible to labour audiences as well as university audiences rather than simply on scholarly studies in the labour area. This includes documentary collections, oral histories, autobiographies, biographies, and provincial and local labour movement histories with a popular bent. series titles Champagne and Meatballs: Adventures of a Canadian Communist Bert Whyte, edited and with an introduction by Larry Hannant Working People in Alberta: A History Alvin Finkel, with contributions by Jason Foster, Winston Gereluk, Jennifer Kelly and Dan Cui, James Muir, Joan Schiebelbein, Jim Selby, and Eric Strikwerda Union Power: Solidarity and Struggle in Niagara Carmela Patrias and Larry Savage The Wages of Relief: Cities and the Unemployed in Prairie Canada, 1929–39 Eric Strikwerda Provincial Solidarities: A History of the New Brunswick Federation of Labour / Solidarités provinciales: Histoire de la Fédération des travailleurs et travailleuses du Nouveau-Brunswick David Frank A History of the New Brunswick Federation of Labour david fra nk canadian committee on labour history Copyright © 2013 David Frank Published by AU Press, Athabasca University 1200, 10011 – 109 Street, Edmonton, ab t5j 3s8 isbn 978-1-927356-23-4 (print) 978-1-927356-24-1 (pdf) 978-1-927356-25-8 (epub) A volume in Working Canadians: Books from the cclh issn 1925-1831 (print) 1925-184x (digital) Cover and interior design by Natalie Olsen, Kisscut Design.
    [Show full text]
  • The NDP's Approach to Constitutional Issues Has Not Been Electorally
    Constitutional Confusion on the Left: The NDP’s Position in Canada’s Constitutional Debates Murray Cooke [email protected] First Draft: Please do not cite without permission. Comments welcome. Paper prepared for the Annual Meetings of the Canadian Political Science Association, June 2004, Winnipeg The federal New Democratic Party experienced a dramatic electoral decline in the 1990s from which it has not yet recovered. Along with difficulties managing provincial economies, the NDP was wounded by Canada’s constitutional debates. The NDP has historically struggled to present a distinctive social democratic approach to Canada’s constitution. Like its forerunner, the Co-operative Commonwealth Federation (CCF), the NDP has supported a liberal, (English-Canadian) nation-building approach that fits comfortably within the mainstream of Canadian political thought. At the same time, the party has prioritized economic and social polices rather than seriously addressing issues such as the deepening of democracy or the recognition of national or regional identities. Travelling without a roadmap, the constitutional debates of the 80s and 90s proved to be a veritable minefield for the NDP. Through three rounds of mega- constitutional debate (1980-82, 1987-1990, 1991-1992), the federal party leadership supported the constitutional priorities of the federal government of the day, only to be torn by disagreements from within. This paper will argue that the NDP’s division, lack of direction and confusion over constitution issues can be traced back to longstanding weaknesses in the party’s social democratic theory and strategy. First of all, the CCF- NDP embraced rather than challenged the parameters and institutions of liberal democracy.
    [Show full text]
  • Core 1..96 Hansard
    CANADA House of Commons Debates VOLUME 140 Ï NUMBER 012 Ï 1st SESSION Ï 38th PARLIAMENT OFFICIAL REPORT (HANSARD) Wednesday, October 20, 2004 Speaker: The Honourable Peter Milliken CONTENTS (Table of Contents appears at back of this issue.) All parliamentary publications are available on the ``Parliamentary Internet Parlementaire´´ at the following address: http://www.parl.gc.ca 597 HOUSE OF COMMONS Wednesday, October 20, 2004 The House met at 2 p.m. EDMONTON Mr. Peter Goldring (Edmonton East, CPC): Mr. Speaker, Prayers democracy was exemplified in the arena of election culminating on Monday, October 18 in Edmonton. Ballots were tallied, soon making clear the citizens' choice was for change. Ï (1400) The new mayor of Edmonton is Stephen Mandel, considered to be [English] fiscally responsive, with a keen social conscience for the less The Speaker: As is our practice on Wednesday we will now sing fortunate and homeless. Former Mayor Bill Smith who has served O Canada, and we will be led by the hon. member for Timmins— Edmonton honourably for three terms failed to elicit sufficient James Bay. electoral support to continue. [Members sang the national anthem] New to council are Linda Sloan in Ward 1, Kim Krushell in Ward 2 and Mike Nickel in Ward 5. They join with nine returning Ï (1400) councillors to effect the will of Edmontonians. Democracy is at work in Edmonton. I extend congratulations to Mayor Mandel and to all new and returning city councillors. Edmontonians are looking forward to enhanced dialogue and improved cooperation among their federal, provincial and municipal STATEMENTS BY MEMBERS governments.
    [Show full text]
  • The Media's Use of Lesbian Stereotypes
    Canadian Political Science Review 3(3) September 2009 Changing the Game Changes the Frame: The Media’s Use of Lesbian Stereotypes in Leadership versus Election Campaigns Joanna M. Everitt (University of New Brunswick – St. John) and Michael Camp (St. Thomas University)1 Abstract This study uses content analysis and interviews to examine how the media reported the candidacy and campaign of Allison Brewer, the openly lesbian leader of the New Brunswick New Democratic Party. The “news values” that govern political reporting led the media to construct Brewer’s political persona during her leadership campaign using stereotypes of lesbians, activists and women in politics. This stereotypic treatment occurred at a point in her political career when impressions are most important. A year later, during the provincial election campaign her newsworthiness as a “new” or a “contentious” presence in politics had diminished, but had not completely disappeared. Introduction In September 2005 Allison Brewer was elected leader of the New Brunswick New Democratic Party (NDP). While she ran on a platform emphasizinG health care, education, the environment and increased support for social workers (Brewer interview 2006) what cauGht the media’s attention was her personal identity as an out lesbian. Despite the fact that her tenure on the political stage was not long (she stepped down in the fall of 2006 after losinG in the September provincial election), her experiences with the media durinG both the leadership campaign and the general election are of academic interest as they allow us to examine how the media cover relatively unknown political fiGures who happen to be homosexual.
    [Show full text]
  • The Ethics, the Law and the Born Alive Rule in Canada
    FOETAL TISSUE TRANSPLANTATION : THE ETHICS, THE LAW AND THE BORN ALIVE RULE IN CANADA BY INDRA 1. MAHARAJ A Thesis Submitted to the Faculty of Graduate Studies In Partial Fulfillment of the Requirements for the Degree of MASTER OF LAWS Department of Law University of Manitoba Winnipeg. Manitoba O August. 2000 National Library Bibliothèque nationale 1*I ofCanada du Canada Acquisitions and Acquisitions et Bibliographie Services services bibliographiques 395 Wellington Street 395, nie Wellington OttawaON K1AON4 Ottawa ON K1A ON4 Canada Canada The author has granted a non- L'auteur a accorde une licence non exclusive licence allowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or sel1 reproduire, prêter, distribuer ou copies of this thesis in rnicroform, vendre des copies de cette thése sous paper or electronic formats. la forme de rnicrofiche/film, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cene thèse. thesis nor substantial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. THE UNIVERSITY OF MANITOBA FACULXY OF GRADUATE STUDIES ***** COPYRIGET PERMISSION PAGE Foetal Tissue Transplantation: The Ethics, The Law and the Born Alive Rule in Canada hdra L. Maharaj A Thesis/Practicum subrnitted to the Faculty of Graduate Studies of The University of Manitoba in partiai Nrmment of the reqoirements of the degree of Master of Laws Permission has been granted to the Library of The University of Manitoba to Iend or seil copies of this thesis/practicum, to the National Library of Canada to microfilm this thesidpracticum and to lend or seii copies of the film, and to Dissertations Abstracts International to publlsh an abstmct of this thesislpractictun.
    [Show full text]
  • Justeet Equitable
    Pour la negociationd'un traite juste et equitable Rapport du mandataire spécial du gouvernement du Québec M. Guy Chevrette Concernant la proposition d'entente de principe d'ordre général avec les Innus de Mamuitun 2003 et de Nutashkuan JANVIER Pour la négociation d'un traité juste et équitable Table des matières 1. PRÉAMBULE. 5 2. LES GRANDS CONSTATS . 7 3. LES TERRITOIRES EN CAUSE ET LES PRINCIPES ET MODALITÉS QUI S’Y APPLIQUERAIENT. 11 3.1 Le Nitassinan. 11 3.1.1 La propriété . 11 3.1.2 L’étendue. 11 3.1.3 Les activités traditionnelles de chasse, de pêche, de trappe et de cueillette (Innu Aitun) . 12 3.1.4 La participation au développement. 14 a) Forêt, mines et pourvoiries. 14 b) Parcs, réserve faunique et aires d’aménagement et de développement. 15 3.1.5 La participation aux processus gouvernementaux de la gestion du territoire . 16 3.1.6 Les redevances. 16 3.2 L’Innu Assi . 16 3.2.1 L’autonomie gouvernementale. 17 3.2.2 L’autonomie financière. 17 3.2.3 Les droits des tiers sur l’Innu Assi . 18 3.2.4 Les cas particuliers de Nutashkuan et d’Essipit . 19 4. LE PROCESSUS DE NÉGOCIATION ET AUTRES CONSIDÉRATIONS . 21 4.1 La participation au processus de négociation et d’information. 21 4.2 La participation aux processus postnégociation . 22 4.3 Le cas de Sept-Îles et de Uashat-Maliotenam . 22 4.4 La clause concernant la Constitution de 1982 . 22 4.5 Référendum ou consultation . 23 CONCLUSION . 25 RECOMMANDATIONS . 27 ANNEXES A.
    [Show full text]