Supreme Court dismisses Wendat Nation demand for wind-project consultation

The Supreme Court of Canada dismissed an application on Thursday by the Wendat Nation (formerly known as the Huron-Wendat Nation) to halt a work order for a proposed wind farm authorized by the Quebec government. At issue is the Pohénégamook-Picard-Saint-Antonin-Wolastokuk (PPAW) Wind Farm Project, a proposed installation of 56 windmills, each 200 meters tall, located across the municipalities of Kamouraska, Témiscouata, and Rivière-du-Loup in Quebec’s Bas-Saint-Laurent region. When it is completed at the end of 2026, the PPAW will have a total capacity of 349.8 MW, making it the largest wind-turbine project in Quebec history. The Wendat Nation argues the PPAW project is located on their territory and violates rights set out in the Huron-British Treaty of 1760. As such, the Nation has argued Quebec had a duty to consult Wendat leadership before moving ahead with the project and failed to do so. Wendat representatives, in their filing to the Supreme Court, argued the court should find the Quebec government was wrong to have approved the project without proper consultation. However, the text of the Huron-British Treaty of 1760 is limited. While it does protect Wendat rights, it does not explicitly discuss Wendat territory or its boundaries. In this case, the Wolastiqiyik Wahsipekuk First Nation also claims the territory in question as ancestral. Read More: Kluane First Nation now harnessing wind energy to help power community, reduce reliance on diesel Haeckle Hill is the North’s first entirely Indigenous-owned clean energy project The Wendat Nation’s demands were rejected by both the Superior Court of Quebec, in February, and the Court of Appeal of Quebec, in March. The Supreme Court of Canada announced Thursday morning that it had dismissed the Wendat Nation’s applications for intervention in the issue. As is usual for the high court, the justices did not give a reason. “This decision not to allocate the Court’s limited resources to examine this aspect of the case, while disappointing, in no way undermines the Nation’s determination to assert its rights,” said Wendat Nation political and communication advisor Nadine Gros-Louis in a statement to APTN News. Gros-Louis said the Wendat Nation would continue working to find a legal means to resolve its claim. She says the goal is “to obtain a final judgment sanctioning the Quebec government’s categorical refusal to consult on this project, which has an impact on its magnificent territory, the Onyionhwentsïio.” Continue Reading