Through the Looking Glass - A Constitutional Crisis in the Making

Much has been discussed in Newfoundland and Labrador in the past day or two about a potentially flammable situation developing between Quebec, Newfoundland & Labrador and the federal government over claims by Quebec that a large portion of Labrador rests inside its provincial border.

There appears to be a lot of misinformation of the facts being put before the public by some media outlets, either innocently or intentionally, so in an effort to summarize the reality of the situation, here are the facts as they currently stand:

More than a week ago reporter, Rob Antle, with the newspaper “The Telegram” wrote a story about an impending border dispute between Newfoundland & Labrador and Quebec. He was not informed by any official source in government but uncovered the situation himself.

Earlier this week the Globe and Mail ran a front page story highlighting the same situation.

Here it is in a nutshell.

Quebec Hydro, an arm of the Quebec provincial government, in conjunction with the Federal Ministry of Environment, is in the midst of an environmental assessment before breaking ground on a major hydro development on Romaine River which, along with four other rivers, spans the border between the two provinces.

All “official” maps of the area that were supplied by Quebec, and accepted by the joint committee wrongly depict a large portion of Labrador, containing the head waters of all of those rivers, including the Romaine, as being fully within the boundaries and jurisdiction of the Province of Quebec.

The article in the Globe & Mail pointed out that by accepting those maps for the environmental assessment the federal government was implicitly accepting Quebec’s claims that it controls a section of Labrador as well as the head waters of the rivers they plan to exploit for a massive power generation project.

The government of Newfoundland and Labrador was not invited to participate in the review process and only found out about the situation months later.

Upon learning of the situation back in November, the province of Newfoundland and Labrador submitted a six page document, plus maps, that did little more than point out the problem at hand and express displeasure with the process underway.

No demands to cease the process were made.

As far as anyone can tell no further actions have been taken or are planned.

Officials at the Ministry of the Environment told the Globe & Mail that any territorial dispute is a matter for the provinces to resolve.

This is not correct.

The border in question was clearly identified and ruled upon in 1927 by the Kings Privy Council in England, long before Newfoundland and Labrador ever became a Canadian province.

It was a ruling that both Canada and Newfoundland and Labrador (a separate Dominion) accepted, both being Nations constitutionally ruled by the British North America Act at the time.

That 1927 border ruling was also clearly reiterated and agreed upon in the first two paragraphs of the Terms of Union by which Newfoundland and Labrador entered Canada. It is now tied to the Canadian Constitution making it a Constitutional issue.

Quebec never signed onto the Canadian Constitution and it has never accepted the 1927 Privy Council border decision.

For years Quebec’s maps, be they tourist, topographical, mineral exploration, election riding or any other form, have depicted its unsubstantiated claims to Southern Labrador.

Reports are now surfacing from long time political figures that at least twice in the past several decades the Quebec government has tried to quietly coerce or maneuver a Newfoundland and Labrador Premier into handing over the region to them.

With this in mind the actions of Quebec and acceptance of them by Federal Officials, who are proceeding with the environmental process in spite of the facts, have led to a great deal of concern among the general population in Newfoundland and Labrador. Yet Premier Williams and his government, as well as Federal MPs are oddly silent on the issue.

Since the dispute became public knowledge, neither the Premier nor anyone else in his government have issued any kind of official statement addressing the concerns of the people or outlining what they intend to do to protect the province’s territorial boundary.

In such a tension filled situation rumors and speculation often fill the void when facts are not available. Premier Williams is not known as the sort of man who sits quietly by when major issues arise so his silence on this file has led to widespread speculation that perhaps something unsavory is happening behind closed doors while the citizens of Newfoundland and Labrador are being kept in the dark.

They worry that the environmental process is due to be completed in just two weeks and if something is not done to address the issue quickly it may be too late.

If one nation attempted to unilaterally take control of territory that was part of another it would be considered an act of war. Taken in that context, Quebec cannot be allowed to proceed with what amounts to an overt act of aggression against Newfoundland and Labrador