Magpie River
The Magpie River resolution is the first example of an Indigenous government in Canada (the Innu Council of Ekuanitshit) acting for a river as a legal person with juridical personality.
Common Name: Magpie River
Indigenous Name: Muteshekau-shipu
Western Location: Magpie River (Eastern Quebec)
Indigenous Location: Muteshekau-shipu
Legal Rights Status
In February 2021, the Quebec municipality of Minganie and the Innu Council of Ekuanitshit adopted resolutions asserting legal personhood for Muteshekau-shipu (or the Magpie River). The specific rights asserted for the Magpie River include the right to maintain its natural biodiversity, to perform essential functions within its ecosystem, and to have legal standing in courts. This assertion was the first of its kind in Canada. Until the Magpie River resolution, there had been no example of Indigenous governments in Canada acting for a river as a legal person with juridical personality.
The resolutions establish a system of jointly appointed guardians tasked with acting in the river’s best interests on issues ranging from litigation and oversight, to habitat protection and education. It is unclear how they would be treated by courts or by the provincial and federal governments. Municipal powers are delegated to them by the provinces and are not a constitutionally protected jurisdiction.
The legal impact of the Magpie River resolutions remains untested. The resolutions rely on both inherent Indigenous rights, such as those under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and municipal jurisdiction over the waters.
