MONTREAL UNIVERSITY

THE NEW HABITS OF

COLONIALISM

URBAN DEVELOPMENT OF INDIGENOUS COMMUNITIES AND THE

PERSISTENCE OF COLONIAL POLICIES: THE CASE OF WENDAKE

BY
GUILLAUME DESJARDINS-DUTIL

URBAN PLANNING INSTITUTE

FACULTY OF PLANNING

BRIEF PRESENTED TO THE

FACULTY OF PLANNING

AS A PARTIAL REQUIREMENT FOR OBTAINING THE

DEGREE OF MASTER IN TOWN PLANNING (M.URB.)

JULY 2016

© GUILLAUME DESJARDINS-DUTIL, 2016

 UNIVERSITY OF MONTREAL
FACULTY OF DEVELOPMENT

THIS BRIEF ENTITLED:

THE NEW GARMENTS OF COLONIALISM

URBAN PLANNING OF ABORIGINAL COMMUNITIES AND PERSISTENCE

OF COLONIAL POLICIES: THE CASE OF WENDAKE

PRESENTED BY :

GUILLAUME DESJARDINS-DUTIL
INTRODUCTION

The role of the territory for indigenous peoples is fundamental. The initial and continuous occupation
of a territory is moreover the first criterion mentioned by the UN to characterize indigenous peoples
(UNPFII, 2004) 1 . In North America, a widely held vision among these millennial occupants is that
they collectively have, rather than ownership of the land, certain stewardship duties towards their
territory (Pasternak, 2012). This is considered an essential element of life and is the basis of ancestral
modes of subsistence (Copet, 1990). The conceptions of ownership and use of territory are thus
rooted in this traditional worldview, which contrasts with the Western vision of territory as an
economic good subject to the mechanisms of supply and demand (Copet, 1990). .

The Canadian government's imposition of the reservation system and a colonial legal framework
upset their traditional land use and planning practices by grabbing the lands they occupied for the
benefit of non-Natives and replacing their original political systems with band councils. The mission
of the latter is very broad, but their means remain limited, especially in financial terms, and they
depend almost exclusively on federal subsidies to take care of a very wide range of services 2 . Despite
an apparent autonomy in decision-making, band councils are in fact largely limited in their planning
choices, in particular by the programs and funding formulas designed by the federal government for
the planning of their communities.

In addition to draining their meager resources, this exceptional regime had disastrous effects on the
indigenous populations. Living conditions on reservations are significantly worse than those in cities
and towns across the rest of the country, according to indicators

1
The UN Permanent Forum on Indigenous Issues (UNPFII) has attempted to produce a definition of indigenity that is not based
on those of colonial states or external nations. It is in the sense of the word aboriginal as defined by this organization that we are
naming here. In contrast, the words “Indian” and “First Nation” refer to the legal categories defined by Canadian law, where the
term “Aboriginal” encompasses both First Nations (Amerindians), Métis and Inuit.
2
This basket of services obliges the bands, for example, to organize – often on their own – an educational system for their
members, to provide health care and first-line assistance, as well as to deal with all levels of government. (neighboring
municipalities, provincial and federal governments) due to the legal and administrative particularities of their governance system,
to conduct complex negotiations with resource extraction companies, etc.
patterns of social and material deprivation (see Table 1).

Table 1. Comparison of Aboriginal, Canadian and Quebec populations according to indicators of

social and material deprivation

The reserve territories, which are at the heart of the identity of the natives and which retain an
anchor point for their cultural survival, therefore paradoxically produce deleterious conditions for the
populations who reside there. Over the course of successive reports painting the worrying portrait of
Indigenous communities in the country (CREPA, United Nations Special Rapporteur on the Rights of
Indigenous Peoples, Amnesty International, Human Rights Watch), certain recognized findings:
deficient infrastructure, limited territorial base offering little avenues of economic development,
problem of access to quality housing. These documents underline the still present stigmata of the
colonial model which produced the
reserves and produces indigenous dispossession, and calls for greater political autonomy for the
various nations.

However, these questions are momentarily linked to urban planning and land use planning, and some
communities have developed responses that allow them to offer living conditions to their members
that are more or less the average of Aboriginal settlements.

This is the case of the Huron-Wendat community of Wendake. Established on an urban reserve in the
vicinity of Quebec City, it must deal with planning issues that have some parallels with those faced by
municipalities, while being at the same time very different. In fact, as they are relevant territories
under federal jurisdiction, the reserves are not subject to the Quebec Act respecting land use planning
and development (LAU), the Environmental Quality Act (EQA) or even the Act respecting the protection
of agricultural land and activities (LPTAA). As is the case on the vast majority of reserves in the
country, the band council does not collect property value taxes there either, and the real estate
market is for all practical purposes closed 3 .

However, Wendake stands out for the living environment it offers its members. The community
manages to ensure its survival and offers its members a living environment that allows it to position
itself favorably with respect to several common indicators. If this cultural survival does not result in
an effect easily perceptible to an outside eye on the shape and development of the territory, we will
see that in this area, as elsewhere, the community has used some of the means at its disposal, and
created new ones to resist a colonial framework whose very foundations were to assimilate
indigenous nations.

This research offers a portrait of the practice of urban planning of an Aboriginal community, the
Huron-Wendat reserve of Wendake, according to an analytical framework that highlights the colonial
context in which it evolved and is still evolving. This approach illustrates the territorial dimension of a
set of policies imposed on a marginalized group.

3
Because only status band members are permitted to reside on reserves, and access to credit is severely limited, in the event
that a member who owns their home wishes to put it up for sale, potential buyers – the other members of the band able to buy
without a mortgage – are therefore all the less numerous.
We will thus see that through their housing and housing policies and the development of their various
expansion phases, the Wendats have articulated original responses adapted to their needs. Despite all
the constraints due to the colonial system that persists, they persist in governing their territory with a
certain autonomy and resist the system designed to erase the traits that distinguish them from the
dominant groups in society.

Critical theories of settler colonialism have hitherto been incorporated primarily into academic
research in the fields of anthropology, sociology, law, and political science. Despite the central interest
of the disciplines of planning and urban planning for the territory and the forces that are expressed
4
there, these theoretical considerations have so far had only a limited echo in these fields . For
researchers as well as for planning practitioners, it is the understanding of an important dimension of
the relationship to the territory of indigenous peoples that suffers. We will explain here to make the
bridge between these reflections on settler colonialism and the urban planning decisions of an
indigenous community.

We also call for a broader reflection among planners regarding their participation, both in the
development of "White" territories whose ownership is often problematic, and that of Indian reserves
whose very existence testifies to colonialism and dispossession. lands of the first occupants.

4
Important work in this area has been done in recent years by Shiri Pasternak of the University of Toronto. We would like to
thank her for the confidence she has shown in us by allowing us to consult her doctoral thesis on federal land claims policy in the
context of settler colonialism and conflicting jurisdictions among the Lac Anishinaabe. -Barrier before its publication.
1. PROBLEM
Figure 1: Aerial view of Old Wendake

Source: Sioui-Labelle, 1998

The Wendake urban reserve has a population of approximately 1,600 people 5 . It occupies an almost

entirely urbanized territory of approximately two square kilometers 6 , located about ten kilometers
northwest of Quebec City and entirely surrounded by the Loretteville district, in the Haute-Saint-
Charles borough (Figure 2 ). This territory constitutes the only national territorial base of the
Wendats.

As we mentioned in the introduction, a fundamental link unites the Aboriginal identity and the
territory. One of the missions of the Conseil de la Nation Huronne-Wendat (hereafter, CNHW), the
government of the Wendats, is to work to preserve and preserve the culture of its members. However,
they cannot live out their Wendat citizenship and take part in its institutions, which they live on the
reserve 7 . As a central player in the urban development of

5
Including Aboriginals from other communities and non-Aboriginals living in Wendake.
6
The recent additions of the Doyon and Deslauriers-Plante lots have increased the total area of the reserve to 3.78 km 2 , but are
currently in the early stages of their development.
7
The strong integration of the community into the society and economy of the region and of Quebec and the disappearance of
the Wendat language, among other things, mean that the link with the territory remains an important part of community life.
Moreover, some
the reserve, the CNHW must therefore try to allow as many members as possible to find housing and,
ideally, employment on the spot.

Wendake's rental stock is partly made up of community-managed low-income buildings, and partly of
subdivisions of existing single-family homes, including basement units. With such a limited rental
8
supply , the best way to access housing is the granting of land to be built by the Band Council.
Between 15 and 20 plots are distributed on average each year. However, more than 650 members are
on the waiting list for land 9 . Following the MacIvor 10 decision , gang membership jumped 45% (CNHW,
2012-c); the waiting list is thus swollen by the potential influx of hundreds of adult members. In fact,
the CNHW estimates that 1,200 to 1,500 other members recently recognized by the band might want
to come and settle in Wendake (CNHW-b, 2013), a sudden increase that no mechanism can anticipate.

This potential influx of new members comes at a time when the Wendat community is benefiting from
a significant addition to its territorial base due to a historic settlement (see section 5.1). Planning for
the development of these new spaces therefore takes on great relevance and will be examined, after a
contextualization of the Wendat community and its territory.

The territory of Wendake is made up of two very distinct parts. preferentially, in its southern part, a
historic village core located on boulevard Maurice-Bastien, hosts around various functions, in
particular commercial and touristic. This sector is crossed by thoroughfares, notably Maurice-Bastien
and de la Faune boulevards, as well as by the right-of-way of the former Quebec and Lake St. John's
Railway, built in 1890 and now transformed on a cycle path. Its irregular contours bear witness to
many

aspects of aboriginal status, relating to taxation, taxation and participation in band elections, are linked to residence or
employment on a reserve.
8
CNHW buildings are filled to capacity and have a waiting list (CNHW-a, 2013), as for housing resulting from the subdivision of a
private house, they are administered according to the goodwill of the owners, because the rules of the Régie du logement du
Québec are not applicable in Aboriginal territory.
9
We will return later to the factors that have established the prevalence of single-family dwellings.
10
“ In April 2009, the British Columbia Court of Appeal ruled in McIvor v. Canada that the Indian Act discriminates against
women with respect to registration for Indian status. (...) The Court's judgment follows a civil suit brought by Sharon McIvor in
October 1989 in the hope of obtaining the possibility of passing on Indian status to her grandchildren. Ms. McIvor argued that
section 6 of the Indian Act is discriminatory because it treats the descendants of Indian women who married a non-Indian
differently from the descendants of Indian men who married a non-Indian. (MAANDC, 2010-a)
years of piecemeal land losses and gains.

Secondly, we find the largest part, built since the 1960s through successive enlargements to the north
which have taken the limit to the bend of the Akiawenrahk (Saint-Charles) River. Connected to the
historic part by the only rue Chef-Max-Gros-Louis, and crossed above by rue de la Faune, this area is
bordered to the west by the Châ teau-d'Eau sector - where the water treatment plant in Quebec City –
and to the northeast by an agricultural wasteland along Boulevard de la Colline. The sector has a peri-
urban character, mainly devoted to low-density residential use. There is also an institutional center
and a small industrial park. The two recent land additions mentioned above are the Doyon and
Deslauriers-Plante lots (see Figure 3), to the west and east of the current reserve respectively, which
are the subject of new development projects.

The central question of this research is the following: What are the approaches chosen by the
Wendake community with regard to land use, housing programs and territorial expansion
projects?

Figure 2: Location of Wendake Figure 3:

Limits of Wendake

Sources : CMQ, Google Maps, Guillaume Dutil,

Fondation : 1697
Statut : Réserve indienne
Superficie : 3,7 km2
Population : 1 528 membres résidents (total
de la bande: 3 943 membres) Sources: CMQ, Google Maps, Guillaume Dutil, 2014
1.1 Details of the process
The main objective is to draw a portrait of urban planning as it is practiced in an urban Amerindian
community, that of Wendake, by examining the responses it provides to a few common situations.

Taking note of the little research produced in Quebec on the planning of Amerindian territories, it
seemed important to situate our analysis of the urban planning tools of Wendake in relation to a
11
developing academic literature which is interested in the dimension territory of settler colonialism .
The concepts forming the theoretical framework of this research are presented, before presenting the
elements of the historical and legal context necessary for understanding the current situation.

The next part looks at the community under study. First, we paint a portrait of its origins and
development, both physically and socially. We then describe the planning documents, regulations and
programs relating to the themes chosen in our problematic, namely: land use, housing policies and
territorial expansion projects.

The analysis of programs and policies described above follows this description. In addition to
explaining how they work and their effects, we will give a broad voice to those who administer them,
decision-makers and community managers, as well as officials from the Department of Aboriginal
Affairs and Northern Development of Canada (see -after named MAADNC) responsible for ties with
Wendake.

The conclusion, finally, draws links with the chosen theoretical angle and addresses certain aspects
of the Wendake experience that can fuel the reflection of other communities as well as that of
planning professionals called upon to intervene in Aboriginal territories.

11
One thinks in particular of the works of Veracini, Rueck, Pasternak, Crosby and Monaghan.
2. METHODOLOGY

The methods used in this research are mainly of three types, namely the interview, the documentary
analysis and the direct observation of the environment. An important part of the information
12
gathering is done through semi-structured interviews with planning officials, who put the various
planning choices into context. In order to carry out this part of the research involving human beings,
let alone a population considered sensitive — as is the case for native people — we had to obtain a
certificate of ethical approval beforehand from the multifaculty of research ethics of the University of
Montreal (CPER). This was issued on April 9, 2013, and appears in Appendix 1. Obtaining the
certificate depended on a prior agreement between the student researcher and a political leader in
the community. A copy of this agreement is also included in Appendix 2, while the letter presenting
the research to the participants and the informants of their rights constitutes Appendix 3.

The interview participants are civil servants from the CNHW (four) and the MAANDC (three), and all
of them have more than ten years of experience in their respective jobs, which are related to various
aspects of urban planning in Wendake. . Given the small sample size (seven respondents), some of the
participants could be identified in their milieu. Their responses were therefore made anonymous in
the final document, in accordance with the recommendations of the CPER. They will be called
professionals or civil servants, so as to distinguish them from elected officials.

One of the advantages of the interview is that it allows you to delve into complex aspects not found in
any published document. This turned out to be essential in the current context, where no research has
looked at our case study from the angle of its urban development. In addition, the interview makes it
possible to obtain the point of view of the people involved in the situations and processes described,
which the researcher can report without intermediary. The limits of the method in the present case
are mainly the absence of a critical distance from the speakers in relation to their own work, just as
the possibility always exists that they can censor themselves or deliver only part of the information '
'they allow.

12
The questionnaires describing in appendix 4
We have tried, as far as possible, to overcome this limitation by resorting to the triangulation of data,
that is to say by trying to have the information obtained from one of the authorities confirmed by the
second, and, when this would prove possible, by documentary sources. In some cases, interviews
granted with people frequently called upon or in conflict with each other could reduce the quality, or
even the veracity of the information obtained due to close ties or, on the contrary, the presence of a
certain animosity. In the case of the CNHW and the MAANDC, the comments received on the ongoing
collaboration maintained on both sides, as well as the criticisms, all in all, retained that the employees
of these organizations combined with respect to the other over the interviews leads us to believe that
the actors maintain the same critical distance between them, without lapsing into acrimony.

The documentary analysis is divided into two main parts, one dealing with the scientific literature and
the second with the various planning documents applicable to the study community. Given the
novelty of the angle chosen for research in urban planning, the first part gave rise to significant
clearing which made it possible to reveal territorial and planning issues in a vast body of academic
literature on indigenous peoples. . The second part focuses on planning documents produced by or for
the community under study. They were obtained from the CNHW and constitute, to the best of our
knowledge, all the documents in force, thus representing the essence of the urban planning measures
put forward by the CNHW. This corpus composed of primary sources is of course more limited than
the first. Moreover, it has not been the subject of analyzes before the one we will deduce from it.

22
3. LITERATURE REVIEW, CONCEPTUAL FRAMEWORK AND
EPISTEMOLOGICAL ISSUES

This section describes the theoretical bases on which our analysis of the development in Wendake is
based. It first traces the evolution of research on the planning of Aboriginal communities over the past
decades and presents the relevant research on our study community. Noting that this planning
research has little developed certain problematic aspects inherent to the colonial framework, we then
present some of the concepts that guide our analysis: settler colonialism, cultural otherness, insurgent
planning . We examine in passing the issues raised by the sources of knowledge available on
Aboriginal territories and the development actions taken there.

3.1 Research on planning in Aboriginal communities

In order to better highlight the features that distinguish them, the writings concerning planning in the
Aboriginal environment are divided here into three categories, testifying to the evolution of planning
practices and thinking. It is of course not a question here of describing watertight groups, but rather
of taking into account the nuances of approaches that emerge within the chosen corpus.

The first is made up of the work of precursors, that is, some of the first practitioners who published
about their interventions with Aboriginal communities. The texts grouped in this category have the
characteristic of describing the approaches used by their authors in the context of their practice.
While they sometimes go on to recommend a particular land planning ethic in Aboriginal
communities, this generally remains within the spectrum of good planning practices, in the sense that
recommendations could have been applied in a large number of intervention contexts. The authors
argue, for example, for greater participation of community members and for the development of
complete living environments.

A second category includes case studies, which, by looking at past experiences of urban planning,
particularly those of the first category, provoked from a more theoretical angle of certain particular
aspects, or even take stock of the implementation approaches proposed by researchers and
practitioners in the first category. The works
of this category did not require urban planning interventions with the communities, but made it
possible to refine the understanding of certain specific issues, in particular by reporting the
testimonies of members of the communities, questioned by means of interviews or questionnaires .

The third category, finally, starts from premises that immediately call into question the power
structures in place, namely the non-Aboriginal governments, the reserve system and, in some cases,
the band councils. The authors of the first two categories generally agree to denounce certain
negative effects of colonization and unanimously seek to propose interventions aimed at improving
the standard of living of Aboriginal communities. However, the authors of this third category
immediately adopt a critique of the very foundations of colonialism and its institutions and place this
critique at the heart of their approach. They offer proposals aimed at bringing about in-depth
transformations in the societies they study (or of which they are a part, in the case of Ted Jojola),
seeking to promote spaces of contestation and appropriation by the natives of their power. of action
(the notion of empowerment ). This current maintains strong links with the movements for the
assertion of the civil rights of the natives, on request we will come back. We note a growing academic
production in recent years that is part of this more radical perspective, which notably questions the
jurisdiction of non-Aboriginal governments over the territory, an issue that has been fueled by
significant legal developments since the 1990s in Canada. , which expanded, among other things, the
notion of aboriginal title and recognition of aboriginal communities .

Finally, note that these categories are intended to be neither exhaustive nor completely
watertight, and that they primarily concern all publications and not their authors. In this
sense, they are meant to be milestones that make it possible to take the pulse of the
concerns of a field of expertise over time.

3.1.1 First category: Practitioner researchers

The first category, which we will call that of practicing researchers, forms an important part of the
literature on the subject in Canada. She is particularly interested in the

13
On this subject, see the Calder, Delgamuukw and Powley judgments of the Supreme Court.
promotion of good urban planning practices and the development of approaches that are more
sensitive to local cultures.

At the turn of the 1980s, the results of several decades of sedentarization policies in North America
made it possible to measure the gap between the ideal originally put forward by the governments and
the living conditions on the various reserves. A common observation is that, even if development
professionals are periodically called upon to intervene in various sensitive environments, the
particularities specific to the Aboriginal context do not generally manage to inspire an innovative
approach in the field. According to Copet: “ the combination of components seems to have eluded
planning professionals who have worked with Aboriginal communities in the past ” (Copet, 1990:38). At
the time, however, we are beginning to note an awareness of the importance of the cultural
dimension in planning, which is reflected in the publications of the time that are interested in
Aboriginal communities, including Vakil (1983) with Planning in an intercultural context: the case of
Aboriginal peoples in Canada .

On the political level, this period is also marked by a disengagement of the federal government of
Canada with regard to funding, but also to decision-making for the development of reserves, with
greater autonomy being granted to communities (Panagiotaraku, 2002). , as we will see in more detail
in Section 4.7.3. Gone are the days when an Indian agent was the government's permanent
intermediary on the reserve. Band councils are becoming institutionalized as service providers and
First Nations can in particular acquire planning tools such as community development plans.

In this vein, a literature is developing proposing to adapt the best planning practices to Aboriginal
contexts. The CMHC then published a guide to this effect, entitled A Culturally Sensitive Approach to
Planning and Design with Native Communities (Simon, 1984). Peter Boothroyd, practitioner and
professor at the University of British Columbia (UBC), suggests developing an approach where
systematic planning – integrating, for example, economic development strategies and supporting the
strengthening of social ties – complements management practices focusing on physical aspects, in the
 14
but to strengthen the self-sufficiency of communities (Boothroyd, 1986). In this he demonstrates a
certain kinship with the ideas of Ted Jojola, but remains more focused on the complementarity of
approaches than on community empowerment , which in the school of Indigenous planning is an
asserted autonomist political project, on which we will return to, which encourages us to place it in
the 3rd category .

In the early 2000s, authors such as Donald Aubrey (2004) and Kasia Tota tried to promote dialogue
between planners and indigenous communities, enjoining the former to work according to the
worldview and in accordance with the traditions of the latter (Peters, 2003; Tota, 2003).

It is also with this in mind that the University of British Columbia (UBC) and the University of
Saskatchewan make it possible to develop study programs devoted to this field of activity. Daniel M.
Millette, assistant professor in the School of Architecture and Landscape Architecture at UBC, is
closely involved in planning the development of several communities in British Columbia. It pleads
for an approach combining elements of traditional Aboriginal planning and so-called Western
planning practices, according to terms defined by the communities themselves (Millette, 2011).

Highlighting the developments in the legal framework favoring the sectoral

empowerment of First Nations in terms of land use planning (more details in section
4.7.3), Millette considers that the adoption of a Land Code by First Nations can allow
them to set up hybrid models that meet their needs and aspirations (see Figure 4). This
position highlights the distinct epistemologies of certain theoretical issues of planning,
while attempting to suppress the fact that they largely contribute to the same objectives
as those targeted by the good practices of so-called Western planning. Having
demonstrated that more than one path can lead to a similar destination, it is therefore up
to the first granted, here the Aboriginal communities, to specify the modalities of the
planning process in

14
This desire to expand the object of planning to several areas will be reflected in the following decade, with the advent of the
comprehensive community planning process, a tool put forward by the MAANDC.
which they wish to engage, and how the different dimensions of the planning will benefit
from traditional indigenous and non-indigenous contributions.

Figure 4: Examples of planning elements in a model combining traditional Aboriginal and Western
approaches, adapted from Millette (2011)

Source: Adapted from Millette (2011)

At the same time, from the 1980s, there are several case studies on new experiences of participatory
planning in indigenous communities. In Quebec, the participatory process leading to the development
of the new village of Chisasibi (study by Lessard, 1980; Shaw, 1982; Lessard and Jutras, 1984; Lessard
et al., 1986, 1990; Jacobs, 1993) is a first example the place given to the natives in the development of
their communities 15 .

Finally, we can join in this line the work of André Casault, professor of architecture at Laval
University, who led several workshops with students in architecture and urban design, leading in
particular to the co-design of dwellings in the Innu communities of La Romaine and Uashat-mak-
Mani-Utenam on the North Shore (Casault, 2001; Casault and Martin, 2005).

3.1.2 Second category: Case studies and reflections on the process

15
This experience took place in the wake of the signing of the JBNQA, after several years of arduous negotiations between the
Crees and the federal and provincial governments. The village of Fort George was then relocated because of the harnessing of
the Great River.
The second category is that of theoretical and critical case studies, and is partly based on the
conclusions and experiences of the work of the previous category to develop more specific issues. The
creation of the Cree village of Oujé-Bougoumou in 1993, for example, attracted the attention of
several researchers, who focused on its planning process, which was very focused on consultation
with members, as well as on the monitoring of its implementation. work (Lessard et al. , 1990;
Panagiotaraku, 2002; Landreville, 2009; Kastleberger, 2009).

Finally, let us cite studies on the relationship between women in northern communities and their
built environment (Panagiotaraku, 2002, in Eastmain and Oujé-Bougoumou) or housing (Bhatt and
Chagny, 2003, in Chisasibi), which testify to a blind spot of previous research, namely the lack of space
given to women in planning decisions.

3.1.3 Third category: Radical approaches and the emergence of a particular ethic of planning for
indigenous communities
The third and last category identified is that of the more radical works. Pueblo researcher Ted Jojola
was the forerunner of a current seeking to integrate worldviews and traditional knowledge into the
planning of indigenous communities, from a perspective of empowerment (see Sandercock, 1998;
Jojola, 1991 ) . . This radical, indigenist perspective appeared in the United States in a context marked
by Red Power, the emergence of movements asserting the civil rights of indigenous people . Research,
academic courses and a network of professionals later emerged under the banner Indigenous
Planning Network , advancing a practice of in-depth strategic planning rooted in Indigenous values
and aimed at building political and economic self-determination. communities (Jojola, 1991).

More recent research has shown a certain tendency to draw on the anthropological corpus, in
particular weaving links between the development of indigenous territories in terms of land and
property rights and postcolonial studies. Daniel Rueck, historian of colonialism and Indigenous
territories, described in particular the partitioning project of Amerindian lands in the Prairies and in
Kahnawà :ke. In both cases, he showed how the imposition of land-use planning based on European
traditions (surveying, subdivision, title deeds) was a decisive tool in the establishment of

Some of its organizers were initially close to this activist current, in particular through the National Indian Youth Council (Jojola,
16

1991: 2)
political domination of the Canadian state (Rueck, 2013; 2012-a; 2012-b).

Another researcher, Shiri Pasternak, worked for several years on the community of Lac-Barriè re, in
Abitibi, to which she offered her doctoral thesis in urban planning at the University of Toronto. Her
work addresses the competing visions of jurisdiction present in this traditional Anishinaabe territory,
and fits within the critical current of settler colonialism (Pasternak, 2012; 2013). These authors
17
emphasize the problematic aspect of the Canadian Crown's claim to ownership of reserve lands ,
both in terms of the concept of jurisdiction (Pasternak) and the questionable way in which they were
acquired ( Rueck, 2012-b). Without this question being the central theme of their research, the
contextual elements they allow to shed new light on the ambivalent role played in the management of
these lands by the band councils, which are on the one hand instruments of colonialism created by the
Indian Act , and on the other hand of the authorities accountable to their community having to
frequently confront the federal government, the hand that feeds them.

3.1.4 Partial assessment: theoretical developments rarely transposed into practice

This overview shows that the field of study of the planning of Aboriginal communities is in dialogue
with the main currents of planning theories, and that a postcolonial current is emerging in the
literature, setting up forward a particular ethic that seeks to include the development of indigenous
territories in a process of overcoming colonial power structures. On the other hand, these theoretical
developments rarely make their way into the practice of professionals working in this field, if only
because very few resources are devoted to planning by the band councils and by the federal
government .

It should be emphasized here that the natives have not been directly called upon to get involved in the
planning of their communities for a few decades. In Quebec,

17
According to MAANDC: “ A reserve is land that has been set aside by the Crown for the use and benefit of a band in Canada (…).
Individual First Nations people do not have the right to own reserve lands except by requesting the application of the Indian Act”
(MAANDC, 2010-b). Under the Indian Act, First Nation councils can pass by-laws that govern a range of matters on reserve lands, including
residency, the use of band resources, the provision of various services, etc This perspective is questioned by some authors and Aboriginal
groups, because it presupposes that the Crown has full authority to grant these territorial rights, that they oppose the right of Aboriginal
people to live and dispose of their ancestral territories.
18
Section 4.7.3 discusses this situation, particularly through federal programs and DANDC funding formulas.
in particular, the reserves were born from the expansion of religious missions or trading posts,
gradually joined (except those in the Far North) by non-native municipalities. Apart from a few
exceptions among the oldest, such as Wendake, some sectors of which have very organic forms
testifying to a slow evolution, the vast majority of more recent Aboriginal communities were designed
(until around the 1980s) by a single authority, MAANDC, according to the preferences and standards
of the time, with results of widely criticized quality and durability (MAANDC, 2011). A recurring
observation is that among the many mandates of the band councils, no funding is dedicated to land
use planning beyond the planning of road infrastructures and pipelines (MAANDC, 2013).

When communities do choose to spend part of their budget on land use planning and development,
prescriptive approaches, with established plans, prescriptive regulations, and designed with no
involvement or minimal input from the local population – having therefore has little to do with
contemporary best practices in terms of planning – which persists in many communities (Millette,
2011).

While several publications acknowledge the Indian Act framework and colonial policies
as causes of the socio-economic upheavals experienced by Indigenous peoples, we did
not identify research examining how the colonial context in which band councils operate
continues to affect influence the production of urban forms.

The consequences – and the possibilities – opened up by the withdrawal of the federal
government and the taking in hand by certain communities of their development in
contemporary times, as well as the prospects for the future in the changing legal and
political context also remain intact. to explorer.

All in all, the authors of the three categories cited above appear to be in phase with the critical
postures of their time in terms of planning. Practitioners in the first category questioned the overall
planning imposed by experts or
professionals from outside the community, replacing it with a tailor-made approach including some
form of public participation.

The case studies in the second category testify to a desire to further refine the understanding of issues
specific to urban planning in Aboriginal communities and to examine the implementation of various
exercises. They show an interest in the refinement of the process and in the monitoring instruments.

Finally, the radical perspective of the third category should be compared with urban planning and
social science literature on the exclusion and place of minority groups in the city. By crossing these
discourses with the demands expressed by the movements and indigenous groups advocating
decolonization such as the Idle No More movement, or by certain traditionalist Mohawk and
Anishinaabe groups, we believe that the sum of the theoretical developments in this field of study
suggests the contours, if not of a distinctive practice – because the cases having led to implementation
remain rare – at least of a certain ethic addressed to professionals outside the communities, aimed at
bringing them closer to planning in indigenous territory by integrating participatory, cultural and
spiritual aspects drawing on the thousand-year-old traditions of territorial planning specific to each
of the indigenous peoples, while being resolutely oriented towards strengthening and building the
capacities of the communities themselves.

3.1.5 Planning research in Wendake

Given its age and proximity to Quebec City, our study community of Wendake has received some
attention from researchers in planning disciplines. Architecture professor Pierre Larochelle has
described the particular urban form of Old Wendake as being the product of a clash of cultures
(Larochelle, 2002). Precious indications were also extracted from descriptions of Wendake at
different times, and allow us to better understand the evolution of the form and functions present in
the Huron Village. This is particularly the case with the accounts of travelers Pehr Kalm (1749) and
Nathaniel Parker Willis (1843), as well as the work of researchers Léon Gérin (1900), Jean-Charles
Falardeau (1939) and Christian Morissonneau (1967) ( reported in Vaugeois, 1994).

Moreover, it proved instructive to consult the archaeological research on the villages of Saint-Louis
and Saint-Ignace, in present-day Simcoe County (Ontario), where the couple
of anthropologists Jury and Jury found material traces indicating a certain cultural hybridization
present in the Huron settlements of the years 1630-1640, with regard to the layout of the premises
and the methods of construction (Jury and Jury, 1955).

Katia Yankova, for her part, is interested in the positioning of the old village core as a tourist
destination (Iankova, 2007), as well as the insertion of Wendake into the urban space of the city and
the urban community of Quebec. (Iankova, 2008).

Unlike the Cree communities mentioned above, it is therefore not the planning process that has
properties of interest to researchers. At the same time, at the community level, planning thinking is a
relatively recent phenomenon in the opinion of its stakeholders (CNHW-b, 2013).

3.2 Theoretical contributions from other disciplines and conceptual framework

In order to paint a more accurate and better documented portrait of the development in Wendake, it
was therefore necessary to draw theoretical and conceptual contributions from other disciplines. In
addition to the research carried out above dealing with planning, the documents provided refer to us,
being particularly interested in the themes of indigenous peoples and colonialism, and presented
from different disciplines of the social sciences (history, political science, anthropology, geography),
as well as than law.

At the center of this theoretical panorama, we retain from post-colonial studies the ideas of cultural
otherness and colonial discourse, as well as a reflection on epistemology which proves to be crucial in
a context so charged with historical tensions.

3.2.1 Post-colonial studies

As we will see in more detail in section 4.6, the location of indigenous communities has been imposed
by external agents. It does not respond (or no longer responds) to imperatives—especially economic
ones: resources, trade, transport, etc. — that guide the location of human settlements. Moreover, the
logic that presides over their management and development differs greatly from that at work in cities
and municipalities (see section 6.1), given that their inhabitants are subject to laws designed
above all to keep them apart from the rest of the population with a view to their assimilation, and not
to administer and ensure the development of a given territory (as does, for example, a municipality).
These peculiarities are not fortuitous: they bear the imprint of three centuries of unequal relations
between indigenous and non-indigenous peoples. What is more, in the second half of this period of
contacts, these relations can unambiguously be characterized as settler colonialism. It would
therefore be impossible to talk about the development of Aboriginal communities without taking into
account the legal and political context which reflected their creation and which still frames their
functioning, namely that of the Canadian colonization project. It therefore seems important to us to
integrate certain theoretical contributions from post-colonial studies into our analytical framework.

a) the cultural Other

We first retain the impact of the colonial relationship on the perception of otherness. Wendake, which
comes to terms with its status as the only bastion of Huron-Wendat culture in Canada, is confronted
with this situation in a particularly acute way. Between their status as nuclei of the cultural survival of
the First Nations and the external pressure reinforcing the authorities to administer the territory as if
it were a "city like the others", the Aboriginal communities experience a complex identity dynamic,
which has also been reflected on an individual scale for almost two centuries 19 .

This dynamic marked by alterity in constant evolution and redefinition is very visible in Wendake, if
only because the Huron-Wendat have largely integrated into their urban planning the forms most
common in the dominant culture (see Gérin, 1900 Larochelle, 2002; Yankova, 2007). Whether in
situations where they individually enjoy a certain latitude, such as for residential construction, or in
the interventions of the CNHW aimed at giving an indigenous architectural signature to the historic
village core (see Iankova, 2007) or to institutional buildings (see figures 24, 30, 50, 56), the Wendat
inscribe their affirmations of identity in the urban landscape, with an acute awareness of their
otherness. This awareness of cultural difference is in turn

19
On this subject, see in particular the article by Véronique Rozon (2005) For a reflection on Huron identity in the 19th century : an
analysis of the theme of the “last of the Hurons” under the light of theories of ethnicity , or the memory of the historian Patrick
Brunelle (1998) A case of Canadian colonialism: The Hurons of Lorette between the end of the 19th and the beginning of the 20th
century .
designated (the tourist heritage core), claimed (institutional buildings with Indian architecture) or, on
the contrary, absent (the vast majority of residential constructions).

b) The colonial discourse

A major work of cultural studies, L'Orientalisme , by Palestinian-American Edward Said, opens with a
description by a French journalist of Beirut devastated by the 1975-1976 war. This European witness
expresses his sadness at the destruction of a part of the history and architecture of this city, and with
it, part of the image of " the Orient of Chateaubriand and Nerval " . (Said, 1978: 1). The journalist thus
seemed as much affected by the disappearance of an old fantasy of exoticism as by the fate of his
contemporaries living in the Lebanese capital ( ibid .). Said starts from this example to emphasize that
this journalist, and a large part of his readership, shares the idea of an Orient-fantasy created by
Europeans over the centuries, and which is marked by the historical conditions of domination and
colonization that prevailed between peoples.

According to Said, this East marked by the historical presence of Europeans may change profoundly
and get rid of its colonial ties, the specialists of the region - the orientalists
— perpetuate a discourse shaped by centuries of colonial relations and dreams of distant travels
(Said , Ibid .).

Central element of this construction: "The Oriental" in Said, corresponds to the cultural Other, in
relation to which the European (particularly the French and the British) defines his identity by a set
of binary oppositions: rationality/sensuality , science/superstition, progress/traditions (see ibid.: 49).
By dint of defining themselves by these oppositions and these contrasts, the European tends to
essentialize these categories in the cultural Other, often in defiance of the facts and the context, in a
way that he would not dare to do for a member of his own community.

Orientalists, whose profession is to deal with differences, are not immune to these deeply rooted
cultural a prioris , and their explanations of the behavior of the other end more often by reinforcing
myths than by debunking them. By insisting on certain cultural traits, we thus freeze in time and space
a way of being "Other", whereas
cultures are integrally in constant transformation and negotiation with all sorts of influences.

In the North American context, we find the same European colonizing nations (here, France, Great
Britain and Spain), asserting their authority over peoples they considered less advanced than
themselves, and adequately they attributed the same oppositions. Here too, the cultural Other, once
colonized, comes to define himself in opposition to the White, and according to the latter's criteria: he
must define himself as "natural and traditional savage" where the other is “ civilized, modern and
progressive ” (Simard, 1993, quoted in Brunelle, 1998: 6). If these preconceived ideas are candidly
mentioned in older testimonies on Wendake by authors such as Gérin and Falardeau, they continue to
exist implicitly today (see for example Nadeau, 2004).

Pasternak recalls this state, and invites us to go beyond received ideas about the Native cultural
Other, by insisting on the fact that Native American cultures are, like all cultures, essential dynamics:
It is difficult not to conceive of Indigenous peoples in relation to colonial European conquerors
or modern attempts at economic, social and political restructuring and assimilation. However, it
is also not useful to think that indigenous peoples are opposed to an industrial and modern
society. “Indigenous” refers to a dynamic people who are ancestrally, spiritually and politically
linked to a territory in multiple ways. (Pasternak, 2009: 213)

As in the East, this position of European domination was transmitted in cultural, literary, scientific
and urban production. The avatars of this America-fantasy have so far influenced a large part of the
relations that the dominant white society maintains with the indigenous peoples. The image of the
woodsman living freely "Indian style", of the seductive and passive squaw , of the proud and dark
nomad, of the Indian victim of the advance of the Conquest of the West, of the Good Savage, from the
smart English-speaking Indian Giver, the Sage, the Warrior, passing through the more contemporary
and less flattering figures of the assisted Indian, drug addict, or even the trafficker of "feathered
cigarettes" are all expressions of stereotypes still present in Euro-American society, and which are
linked to the problematic relations between indigenous and non-indigenous peoples.

What place is there in this context for the expression of an urban Aboriginal identity and
modern in the development of reserves? After centuries of social engineering carried out at their
expense, this is a question whose answer must undoubtedly belong entirely to the indigenous
communities themselves.

c) Sources of knowledge: epistemological issues in research on indigenous peoples

Another parallel with the orientalist experience is that North America, like Asia, constituted a teeming
pole for the development of ethnological and anthropological sciences. Native Americans have been
examined, identified, classified, categorized and their practices explained from the rationalist angle of
Western science. The understanding of Aboriginal reality to this day is eminently determined by these
academic sources of knowledge which, despite their claim to neutrality, have been marked by the
power relations present in the society in which they were created. According to critical theories, they
can even be seen as instruments of the political project of the dominant society, as proposed by
Michel Foucault among others. “ If power were only exercised in a negative way, it would be fragile. If it
is strong it is because it produces positive effects on the level of desire and knowledge. Power, far from
preventing knowledge, produces it ” (Foucault, quoted in Lascoumes, 2004: 3).

Let us therefore try to identify certain power relations within the framework of the knowledge that
informs us. Historical data from primary sources, for example, presented mainly from witnesses
outside the communities. Endowed with their own motivations, they played an active role in
establishing a system of domination: missionaries, merchants, colonial administrators, prospectors,
etc. If historiography has for several decades been aware of these possible biases and has encouraged
a critical reading of primary source documents in order to tend towards greater scientific objectivity,
contemporary research is nevertheless carried out in a specific cultural framework which cannot be
impervious to reports power, whether through research funding which is often motivated by legal
affairs, or by other types of political interests. Historical research concerning Aboriginal people is
therefore still a highly politicized field today (see Beaulieu, 2007, for a general portrait).
Other influences are less direct, but equally worth noting. Research on the development of Aboriginal
reserves, for example, rarely calls into question the very existence of the reserves, or even the
participation of non-Aboriginal developers in the political project of which they are a part. It should
be remembered that many experts in Indigenous studies agree in saying, as also noted from the
outset in the report of the Truth and Reconciliation Commission of Canada (2015), that this project
century
does not have essential elements changed since the 19th , having never completely abandoned
its objectives of controlling territories and assimilating populations in the more or less long term
(Shewell, 2004; Scott, 2010; Brunelle, 1998).

Before undertaking this study of planning in Wendake, it therefore seems essential to recognize the
epistemological issue posed by research on the planning of Aboriginal communities. It is a question
here of becoming aware, not only of the important part played by the colonial experience on planning,
but also of that played by the colonial discourse (including its internalization by some, unavoidable as
a consequence of centuries of relations of dominance) about the sources of knowledge that exist
about our community of study and its development.

Indeed, in addition to the supposed prejudices about natives in general (compared to the so-called
"benefits" applicable to registered Indians, concerning for example the absence of taxation, or even to
the presumed culture of assistantship), our sources told us that they were confronted with certain
common remarks from the part of the non-Natives of the region. Among these, describing the idea
that Wendake is, or should be, a suburb of Quebec " like the others ", and the idea that its inhabitants
are not - or no longer - " real Indians " (CNHW-a, 2013; Iankova, 2007), an accusation made against
the community for more than a century (Brunelle, 1998; Gérin, 1900; Falardeau, 1939).

The legitimacy of the presence of the Huron-Wendats and their claims to the territory is also an
aspect that is disputed by some (Morissette, 2012), including even another Aboriginal nation, the
Innu of Mashteuiatsh, within the framework of a dispute over hunting rights in the Laurentides
wildlife reserve (Morin, 2011), where the Niowentsïo recovers the Nitassinan. The Wendats,
according to this discourse, " come from elsewhere ", that is to say from the Baie
 20
Georgian, on Lake Huron (Sioui-Labelle, 1998) . Despite 350 years of presence on the territory,
which have seen the autonomous and documented development of harmonious diplomatic and
commercial relations with the other Aboriginal groups of Quebec, and despite the Murray Treaty, to
which the Supreme Court has recognized a territorial scope – which certainly remains to be defined –
the legitimacy of the place of the Huron-Wendats is still often questioned, including by a
representative from the Department of Aboriginal Affairs we met during one of our interviews
(MAANDC, 2013). In this debate, once again, the discourse on the claim to territory is inevitably
formulated according to the allochthonous and colonial terms of exclusive property and initial
presence.

3.2.2 Settler Colonialism Studies

Post-colonial studies have long neglected the case of the settler colonies of the United States, Canada
and British Oceania (Pasternak, 2013). This conceptual blind spot has given rise in recent years to a
distinct field devoted to the study of these still active colonial experiences. The critical point of view
developed by studies of settler colonialism makes it possible to touch more directly on the effects of
the colonialist project on the development of the territory of Aboriginal peoples .

According to these theorists, this distinct form of colony, of European origin, is characterized by the
appropriation of land and the replacement of the initial population (Pasternak, 2013: 5, citing
Veracini, 2010). According to these authors, it is also manifested by distinct attitudes towards the
population of origin, and by certain traits of the identity construction of the colonial majority.

Where it takes place, this land appropriation leads in its wake to the construction of a national history
based on the myths of discovery and Terra Nullis (Crosby & Monaghan, 2012), while historical
documents testify to the contrary nation-to-nation alliances and treaties in Canada (Pasternak, 2013).
This is another characteristic described by Veracini, who explains that settler colonialism conceals the
conditions of its own production (Veracini, 2010), and maintains in discourse a convenient distinction
between colonialism ( negative , that of others) and colonization (the constructive gesture, that of our
ancestors) (Veracini, Ibid .).

20
We will come back to this in section 5.1.
21
See on this subject Pasternak (2012; 2013), Veracini (2010) and Crosby & Monaghan (2012)
The work of Pasternak and Crosby and Monaghan has proven particularly useful in deconstructing
the legal mechanics of Indigenous territorial dispossession. These authors are interested, among
other things, in the origins and the different meanings given by non-natives and natives to the concept
of jurisdiction (Pasternak, 2011; Crosby and Monaghan, 2012).

These authors looked at the land claims of the Anishinaabe of Barrière Lake, in accordance with the
federal framework provided for such initiatives (the process of settling comprehensive land claims)
(Pasternak, 2010). This community shows great resistance, and persists to this day in using its
traditional land tenure system, causing multiple frictions with the institutions of power, and
illustrating once again the will of the allochthonous governments to iron out the differences between
the society. majority and indigenous societies.

3.2.3 Insurgent planning

Another source of theoretical inspiration came from the critical approach developed by Leonie
Sandercock in her books Cosmopolis (1997), and Beyond Cosmopolis (2003), namely the concept of
insurgent planning . His approach aims to change the assumptions of planning discourse, to restore
marginalized groups to their place as actors in the planning history of their communities. It is this
intention that we retain above all: an invitation to look at planning through the small end of the
telescope and to highlight the gestures of resistance that are expressed in the development of a
territory.

Insurgent planning challenges the positivist paradigm that has underpinned the discipline of urban
planning since its origins, and challenges the neutrality of concepts such as the common good and
rationality. According to Sandercock, the history of urban planning has important biases, because: 1. it
retains only a part of the innumerable interventions and gestures made on the city, and this part - this
official history - is disproportionately populated by professionals and politicians, to the detriment of
other individuals and groups in society; 2. These interventions are generally expressed according to a
rationalist and positivist paradigm (witness the urban renovations seeking to organize spaces that
have developed organically or spontaneously, and which do not fit with the logic of the dominant
groups ); 3. this logic is problematic, because while
claiming to embody scientific neutrality, it actually expresses the preferences of dominant groups and
systematically under-represents marginalized parts of society (women, ethnic minorities, religious,
sexual diversity).
This observation is consistent with the case that occupied us insofar as the indigenous peoples
experienced over the centuries a relationship of growing domination vis-à -vis the settlers who
gradually settled on their lands. Marginalized here as in all the countries of the New World, their
practices of occupation of the territory have been hidden from official French-Canadian history, which
had an interest in maintaining one of its founding myths: the taking possession of land
"discovered and to be discovered" by the explorers of the 15th and 16th centuries .

Although they participate largely in the economy of the region of Quebec, express themselves in
French and receive a formal education similar to that of their non-Aboriginal neighbors for centuries,
the Wendat of Wendake form no less a marginalized group, racialized, occupying a territory today
surrounded by all parties and administered according to its own system of governance. In the
development as elsewhere, the Huron-Wendats have suffered and still suffer from the constraints due
to their status as a colonized people.

This research aims to illustrate to what extent they are actors in the planning and development of
their community. We will thus highlight the parallels between insurrectional planning and the
experience of planning in Wendake. The practice of urban planning in Wendake is not as radical as
some of the efforts identified by Sandercock — it remains very centralized and top-down — it is
nonetheless that of a community that has used some elements of the federally imposed framework in
innovative ways , and having resisted others in the but of exceeding the legal and financial limits and
diverting some of the expected effects of these policies. It is in a way a "gentle subversion" of the rules
of the game imposed on them that has enabled the Wendat to acquire housing of higher quality than
those found in other Aboriginal communities, as well as create their own lease system.

While it is difficult to identify Wendat planning practices as concrete gestures of decolonization, we

will show, as Brunelle and others have done with regard to political institutions (see Brunelle, 2008),
that in terms of urban planning and development, the Huron-Wendat have always exercised their
prerogative of decision-making and resisted assimilation.
3.2.4 Colonial governmentality: the continuity of Indian policies
of governmentality, stemming from Michel Foucault's study of the genealogy of power, evokes the
and
nationalization of all the types of relations that progressed in Western societies in the 19th 20th
centuries 22
. This advance of power materializes, among other things, through bureaucratic instruments
capable of reaching the most personal aspects of human existence: tools of observation, regulation
and coercion (such as statistics, school systems, hospitals and courts, prisons, etc.) which created to
impose a new order, of a disciplinary nature 23 , this “ government over populations and bodies ”, called
biopower (Keucheyan, 2010: 113). The multiple facets of this nationalization are imposed on the
natives at a time when they exercise particularly little control over the rapid and profound changes
that their societies are experiencing, and allow an even greater hold to this advance in biopowers.

The historical overview will recall how the state arrogates to itself the power to define Aboriginal
identity, imposes sedentarization on reserves, replaces traditional governments, imposes education
in residential schools, progressively undermining even the most intimate aspects of Aboriginal life
experience.

This is what partly explains why the bureaucracy has largely arrived at the executives in the role of “
pupils of the Crown ” which they occupy to this day. To paraphrase Foucault, the state can therefore “
give birth and let die ” the Indians (Pasternak, 2013: 142).

This concept seemed useful to us in order to be able to account for the evolution of the bureaucratic
system, which applies in Canada to Aboriginal peoples in general and to our study community in
particular.

22
Succeeding the State of justice of the Middle Ages and the administrative State of the 15th and 16th centuries , the governmental
State is distinguished, according to Foucault, by a new “ political rationality [which] is based on two fundamental elements: a
series of specific apparatuses of government, and a body of knowledge, more precisely of knowledge systems. (…) It is no
longer a question of conquering and possessing, but of producing, harvesting, organizing the population in order to enable it to
develop all its properties. (Lascoumes, 2004: 4).
23
In his research on the genealogy of state power, “ The central question for [Foucault] is not the democratic or authoritarian
nature of the state. Nor is it about the essence of the state or its ideology, the factors that would or would not give it legitimacy.
He reverses the gaze and considers that the central question is that of the nationalization of society, that is to say the
development of a set of concrete mechanisms, of practices by which power is materially exercised. (…) Contrary to the
traditional conception of top-down, authoritarian power operating by injunction and sanction, he proposes a disciplinary
conception based on concrete techniques for framing individuals and allowing their behavior to be controlled from a distance.
(Lascoumes, 2004:5).
Over time, the watchwords regarding the management of Aboriginal lands by the Canadian
government have changed, as have the programs put forward for First Nations. From the post-
Confederation wave of land acquisition and reduction to reserve, to today's measures promoting
24
sectoral autonomy and privatization of Indian lands, it might appear that a range of approaches
have been attempted in the field of indigenous policies, with generally mixed results. The concept of
colonial governmentality allows us to better understand this failure, by identifying that a logic of
elimination underlies this whole experience (Wolfe, 2011; Crosby and Monaghan, 2012). This logic is
operationalized by a nationalization of the existence of the natives, and by the installation of
instruments of biopower.

If the approaches seemed to vary over time, they were systematically decreed and imposed by a
power outside the Aboriginal peoples, one of the constants of which is to deny the right to self-
determination of nations bound (or not) by treaty (Ladner, 2006) . More recent policies, such as
modern treaties or the promotion of self-government, therefore, differ only superficially from the
practices of the last century.

Some authors have pointed out that the provisions of modern treaties are not very postcolonial,
requiring for example the extinction of aboriginal title (see among others Scott, 2010). As for the
federal discourse promoting self-government, the understanding of this autonomy is elementary
limited, as analyzed by Kiera Ladner : or responsibilities ” (Ladner, 2006: 15). According to this author,
the self-government model proposed by the MAANDC is legally comparable to a transformation of
Aboriginal reserves into municipalities (Ladner, 2006), which was ironically the objective sought by
the Indian Advancement Act of 1884 . (Rueck, 2013). By examining the federal approach to
Indigenous lands and peoples through the lens of colonial governmentality, it is possible to better
discern, beyond surface changes, the great continuity in the relationship between the state and the
Indigenous communities: a colonialism that only changes its guise.

24
Such as the First Nations Land Management Regime , see DANDC (2013). For more details on the debate, presuming this
controversial policy, see among others Flanagan et al. (2010) and Palmater (2010).
3.2.5 Jurisdiction
Interesting research that has appeared in recent years explores the changes that took place in
century
Aboriginal land tenure regimes in the late 19th . They thus intervene in the way that the federal
government (through surveying, for example) and the courts (through the settlement of commercial
or inheritance disputes) intervened more and more strongly in Aboriginal territories, until replace
traditional institutions. Once their jurisdiction was sufficiently advanced over the natives and their
lands, they succeeded in claiming to hold the underlying land title to all Canadian territory,
immediately excluding other forms of property and occupation of the space therein. were still
practiced (Rueck, 2013).

The imposition of this framework on large swaths of indigenous life and minds can be paralleled with
the concept of governmentality. Pasternak, for example, incorporates these concepts into his analysis
of the land use planning of Lac-Barriè re, arguing that they are still at work through federal policies
applying to Aboriginal people (Pasternak, 2013).

Here again, the author joins other theorists of settler colonialism, who have linked governmentality to
the experience of subjugation of Native Americans in America (Wolfe, 2011). According to them, the
control the state does not have over the lives of Aboriginal people has certainly varied throughout
history, but a form of biopower is always at work in this colonial context.

An example of a patent is that the majority of Indigenous groups under the Indian Act regime find it
difficult to find spaces to challenge the fact that the ultimate arbiter of Indian status is a government
that created this legal category in the but avowed to gradually reduce the number of people belonging
to it. Even those who today claim full control over their band's membership list the most - such as
Kahnawà :ke and Akwesasne, where non-member residents are periodically threatened with eviction
and face each Ottawa on this issue — must now rely on heredity criteria designed by the government,
and encourage their members to forms of eugenics that are fundamentally at odds with their
ancestral philosophies 25 .

Beyond the power over reproduction and so many other aspects of First Nations life, we will try to
illustrate here the implications on Aboriginal territories of this governmentality, of this omnipresent
regime imposed by the legal guardian that is the 'State . We will therefore attempt to examine how
this perspective sheds light on our relationship to the environment on the reserve, as well as the
planning decisions made in our study community.

25
Such as the practice of customary adoption, recognized as an ancestral Aboriginal practice by article 35 of the Canadian
constitution of 1982. See also: Canadian Human Rights Commission (2005)
4. The specific context of Indigenous territories in Canada

This chapter aims to situate the particular context in which Aboriginal communities practice the
development of their territories. The concepts presented in the previous chapter are applied here to
the history of the territory and relations between natives and non-natives.

We first discuss the often contentious jurisdiction over Indigenous territories, before examining how
the Canadian state came to claim these and assert its authority through the colonial process. We will
also see commenting on this appropriation of lands to break the evolution of indigenous planning
cultures to replace it with an alien framework that remains in place to this day, although it is
problematic on many levels.

4.1 Territory and Jurisdiction

The claims of European settlers to Canadian territory are generally presented to us as unequivocal:
clear lines on pre-Confederation maps of Canada delimiting New England, New France, then the
Province of Quebec and the Land of Rupert, as if these entire areas were acquired by each and every
one, without duty for those who really lived there at that time, nor for the way in which the non-
natives claimed to exercise their power there (see figure 5: North America in 1750). Cartographers
have traditionally represented space according to the order given to them. Their works then served as
a benchmark for development actors: surveyors, geologists, contractors, planners, etc., seeking to
enhance a given territory for the benefit of its owner(s).

The question of the origin of this property, of the jurisdiction on which the private or public entities
formally recognized as owners base themselves to assert their right to the lands where the natives
have lived for centuries, cannot however be settled so simply in reality. . How and when did the
nation-to-nation relations of the time of the first contacts take such a turn to the advantage of only
one of the parties? These questions must go beyond the interest of lawyers and historians alone.
Indeed, those who take part in the development of the space offer leads for the use of those who will
read it; they can conserve or transform, reveal or camouflage certain aspects of places and the stories
associated with them.
Figure 5: North America in 1750

Source: Wikimedia Commons

Anyone interested in the subject quickly notices that Quebec, among other territorial uncertainties, is
largely made up of lands whose jurisdiction is still to be confirmed, in particular because of the
26
aboriginal title still active in many places . This underlying Crown ownership, which we are
accustomed to holding for granted, is disputed due to prior occupation of the lands by Native
American groups who never surrendered them. The natives thus always hold what jurists call the
aboriginal land title, a right of ownership never formally extinguished by any treaty 27 .

In contrast to the maps of the French Regime, the maps of the time of the British Conquest, in
particular those accompanying the Royal Proclamation of 1763, show the important place then
recognized by the British for “Indian lands”. Some present this document as the Indian Magna Carta
(Miller, 2013; Indigenous Foundation for the Arts, 2009) and continue to remember this historical
milestone. To this territorial recognition was added the desire for peaceful coexistence and the
maintenance of nation-to-nation relations with the Europeans, contained in the Treaty of Niagara of
1764, which was presented by the

26
On this subject, see the in-depth demonstration made by Henri Dorion and Jean-Paul Lacasse in Le Québec: territoire
incertain , Septentrion, Québec, 2011, or that of the anthropologist Rémi Savard, notably in the film The Conquest of America ,
by Arthur Lamothe, produced by the NFB in 1992.
27
We will return to the subject of treaties in more detail in the historical overview section.
 28
British and by more than 2,000 chiefs from 24 Amerindian nations (Gehl, 2011) . For our successive
governments to come to present two centuries later a territory entirely acquired under their
jurisdiction, and this without going through the legal mechanism provided for acquiring it - or by
arms -, they had to cheat at their own game.

This cheating took the form of a set of policies that placed the interests and rights of non-native
peoples firmly above those of indigenous peoples, with the central objective of obliterating their
cultures through assimilation, as shown by the next section.

Figure 6: North America in 1763

Source: Alloprof.qc.ca

4.2 The colonial project

(…) let us recognize very gently and without pomp of style that the peoples

28
Under this treaty, belts of wampum were exchanged between the British and the natives, including the two-way wampum,
sealing a commitment to live together in peace and without interference in the internal affairs of the other party (Gehl , 2010).
In Iroquoian cultures, wampums are “ translated as living representations of treaties ” (Muller, 2005: 159).
The aborigines of America were destined to perish by our hand. (...) The
natives of North America no longer exist, and it is through us that they
perished. We saved their souls by faith, but we destroyed them by changing
their mores, their customs, by wiping out their forests.
– AN Montpetit Ahatsistari, journalist, 1879

This section paints a portrait of the major events marking the relations between Aboriginals and non-
Aboriginals in Canada vis-à -vis the territory, by presenting the implementation of the elements of the
colonial project. The culmination of this project is the imposition of a regime of indigenous
governmentality, that is to say a global system, affecting all aspects of their lives from birth to death,
and operating through a whole control tools. We will invoke here the concept of settler colonialism,
before describing its development in Canada and the main elements that allowed its establishment.
Particular attention will be paid to its territorial dimension, in order to underline the influence of this
framework on contemporary planning practices.

4.2.1 What colony?

We are the only country in the room that everyone would like to be (…)
We don't have a history of colonialism either. So we have all the things
that a lot of people admire about great powers, but nothing that
threatens or bothers them.
– Stephen Harper, Prime Minister of Canada, 2009

In September 2009, Prime Minister Stephen Harper launched this patriotic tirade at a G-20 summit in
Philadelphia. Canada is an example for the world, he said in short, in particular because our history is
free of colonialism (Ljunggren, 2009, quoted in Crosby and Monaghan, 2012: 422). This benevolent
construction of Canadian history, as common as it is, nevertheless diffuses a truncated vision of a
major part of the country's history: that of the installation of foreign settlers who appropriated the
territories occupied by other peoples, taking advantage of a system that can hardly be called anything
other than colonial.

Indeed, the vast enterprise of territorial expansion which extended the jurisdiction of the power of
the Crown from one ocean to the other was carried out at the expense of indigenous populations,
denying
 29
their land occupation practices fully , and involving the power of the state over the lives of
communities and individuals on a level that non-Aboriginal Canadians will never directly experience.
Because even if the Canadian official discourse tends to place the indigenous peoples within the
nation 30 — like pieces among others of the identity mosaic
— this vision contradicts both our common history and the persistence of a system that treats
aboriginal people very differently from other Canadian citizens.

The confusion may lie in the terms, Canadians voluntarily identifying the political creation of their
country in 1867 with the end of the so-called colonial period. What remained of the colony-counter
devoted to extracting resources for the benefit of European metropolises by exploiting the labor force
of its initial inhabitants had already been metamorphosed for decades into a settlement colony
(colony of settlers), characterized, let us recall , , through the appropriation of land and the
replacement of the initial population (Pasternak, 2013, citing Veracini, 2010). To many, in fact, the
colonial experience was just beginning.

The doors of immigration were therefore open, and the promotion of agriculture, symbol of
civilization par excellence in the European spirit 31 , announced a clash to come between the modes of
occupation of the territory of the new inhabitants and those of the Indigenous Peoples. The original
inhabitants became more and more superfluous, obstacles in the march of agricultural and industrial
progress.

29
On the partitioning of Indigenous commons in the Prairies, see Rueck, 2009. On a similar attempt to impose Canadian land
tenure on an Indigenous community in the St. Walbank in Kahnawà:ke, see Rueck, 2012-b; 2013.
30
Official Quebec discourse is sometimes more nuanced on this subject. Former Quebec premier Bernard Landry, for example,
promoter of a certain civic nationalism, readily acknowledged that the First Nations are not part of the Quebec nation (Dion,
2001). However, the consequences of this identity recognition on the territory are not radically different. Considering that the
Crees and Naskapis, signatories of the James Bay and Northern Quebec Agreement, nevertheless had to extinguish their
inherent land title and recognize Quebec's jurisdiction over their lands in exchange for certain compensation and the creation of
expanded institutions of governance, Colin Scott observes that “ very few, in so-called modern treaties, can be described as
post-colonial ”. We will come back to this in section 4.4.2.
31
Pasternak (2009; 2013) traces back to the English philosopher John Locke (1632-1704) the defense of the superiority of
agriculture and the exploitation of resources in general over the indigenous modes of occupation of the territory. “ Locke
provided a justification for colonization as possession by natural law. He argued that by mixing his labor with the soil, man
improved the land, thus enriching the common heritage of mankind and giving him the right to fence off the plot as his own.
(Pasternak, 2013: 21). According to her, this type of philosophical argument made it possible to justify the appropriation by
European farmers of the lands of their colonies, one of the aspects of what they saw as the Western civilizing mission.
4.3 From Ally to Guardian: The Indian Affairs Paradigm Shift
The change of jurisdiction from London to Ottawa brought about by Confederation did not have the
effect of slowing down the advance of Canada's colonial project. On the contrary, it was even at this
time that the main tendencies crystallized which have necessitated the policies concerning the native
peoples until our days: allochthonous domination over the First Nations, affirmation of federal
jurisdiction over the territory and institution of separate rules for one and the other.

The Canadian colonialist project took shape during the 19th century , when the jurisdiction of the Crown
over Indigenous lands and peoples was consolidated (Crosby & Monaghan, 2012). A certain level of
interdependence had hitherto existed between non-Aboriginal and non-Aboriginal peoples. This
would refer, among other things, from the territorial point of view, to the mutually beneficial
agreement governing the vast territories exploited by the fur companies, where only the natives were
authorized to hunt and reside 32
. From a cultural perspective, negotiated covenants gave native
people a greater degree of control over the terms of their adaptation (Morantz, 2002).

In the aftermath of the wars between the British colonies and the Americans, and in the wake of the
arrival of Loyalists and more numerous British immigrants, however, the natives began to lose their
importance, both strategically and demographically. According to Rueck: They were no longer seen as
significant military threats, significant allies, or even a significant percentage of the population (Rueck,
2013: 114). The Department of Indian Affairs metamorphosed accordingly during this period: from a
branch of the military apparatus responsible for maintaining relations with valued allies (reflecting
the initial nation-to-nation relations), it gradually became not an entirely civilian body dedicated to
protecting the Indians against lasting influences during their "civilization", that is to say their
assimilation (Rueck, 2013; Béreau, 2011: 151; Moss and Gardner-O'Toole, 1987) .

During this time, the demographic growth of the young country pushed to the occupation by the
allochtones of grounds from which they were still absent until then. Following the approach
advocated by

32
For more details on interdependent relations between Natives and Whites during the fur trade era, see Morantz, 2002 The
White Man's Gonna Getcha: The Colonial Challenge to the Crees in Quebec , McGill-Queen's University Press. On the
modification of the relationship to the territory and the management practices of the resources administered by the commercial
hunting of fur-bearing animals, see Leroux et al. (2004) In the land of shagreens Territorial occupation and exploitation in
Kitcisakik (Grand-Lac-Victoria) in the 20th century, Quebec City/Gatineau, Les Presses de l'Université Laval/Canadian Museum
of Civilization.
London since the Royal Proclamation of 1763, these lands acquired by treaty, a way " less drastic than
war to obtain the lands acquired for the purposes of colonization and economic development and to
extinguish the rights of the natives thereto " (Dorion and Lacasse, 2011: 210).

This project of surveying and partitioning Aboriginal territories was carried out over fifty years, after
the new Dominion of Canada acquired responsibility for the lands of Rupert and the Hudson's Bay
Company in 1869 (see Rueck , 2013). The agreements in question constituted the numbered treaties
(see figure 7), a sort of Canadian pendant to the Conquest of the West, which largely gave its present
form to the map of Canada.

Figure 7: Canadian Territory Acquired by Treaty

Source: DANDC
For areas outside the territories ceded by these treaties — notably Quebec and British Columbia —
governments have long attempted to deny aboriginal rights to the land without further ado. This
initial property, known in constitutional law as aboriginal title, was nevertheless effectively
recognized by the Supreme Court in the Calder case of 1973, then confirmed by section 35 of the
Constitution Act of 1982. As Dorion and Lacasse explain: “ these ancestral rights […] subsist as long as
there is no clear text providing for their extinction or providing otherwise. However, except in the case of
the Crees, Inuit and Naskapi, there is no similar text in Quebec ” (Dorion and Lacasse, 2011: 210). This
situation is therefore still current, and given the pace and complexity of these legal cases, the
territorial claims of nations that have never extinguished their aboriginal title are guaranteed to
continue for decades.

The determined turn towards settler colonialism that we have just described represents an important
paradigm shift. It was triggered unilaterally by a Canadian government that in a few decades had gone
from ally to guardian of the indigenous peoples, and also found an echo in the attitude of the
provincial governments towards these populations. This major change, and the political choices that
required it, are the source of many points of disagreement that persist to this day and it is worth
exploring in more detail certain aspects of this mechanics of dispossession.

4.4 Indian Act and Indigenous Policies: Segregation or Assimilation

I want to get rid of the Indian problem. I don't think, in fact, that the country
should permanently protect a class of people who can fend for themselves... Our
goal is to continue until there is not a single Indian left in Canada who has been
absorbed into the body politic and there is no Indian question or Indian
department.
–Sir Duncan Campbell Scott, 1920 33

“ Getting rid of the Indian problem ”. The goal of assimilation was perhaps never so coldly expressed as

by the influential Minister of Indian Affairs, Sir Ducan Campbell Scott . At the time when he expressed
this wish, Scott was able to observe the ineffectiveness of several

33
Source: http://www.wherearethechildren.ca/en/blackboard/page-7.html
34
For a detailed portrait of the policies of the Department of Indian Affairs and the influence of Duncan Campbell Scott on the
vision of this organization, see Hugh Shewell (2004) 'Enough to Keep Them Alive' : Indian Social Welfare in Canada 1873-
1965 , University of Toronto Press
decade of public policy aimed at Aboriginal people. According to him, a blow of bar was essential.

4.4.1 Control of Indian citizenship and development of the regime of governmentality

With the adoption of the first Indian Act (1876) and the creation of reserves, one of the relevant
objectives of Canadian government policies aimed at Aboriginal peoples was to gradually blur the
differences between them, thought of as backward , and the white population. The federal
government had already given itself the power to decree who was Indian and who was not with the
Gradual Civilization Act of 1857, which created Indian status. He therefore intended to limit the
number of Indians under his tutelage (Brunelle, 1998) and to emancipate — that is to say withdraw
their Indian status — as many natives as possible, through various means of civilization: sedentary
lifestyle, education, agriculture, military service, intermarriage, five-year residence outside the
country (Moss and Gardner-O'Toole, 1987) 35 . The prerogatives deriving from Indian status were also
linked by law to the geographical location of individuals. Thus, it was once possible to lose
membership in one's band by residing outside the reserve and then, until the Corbière decision
(1999) of the Supreme Court requested the withdrawal of this provision, the section 77(1) of the
Indian Act states that an Indian had to be " ordinarily resident on the reserve " in order to participate in
band elections held under the provisions of the Indian Act , which was the case in about half of the
communities in Canada at the time (Furi & Wherrett, 2003).

By preventing and controlling Indian status, the state replaced existing membership structures and
greatly diminished the means that natives had to determine the terms of their adaptation. According
to the maxim already quoted, he could “ bring and let die ” the Indians (Pasternak, 2013: 142). The
State therefore imposed a way of "being Indian" corresponding to its objectives: the natives thus
assimilated, willingly or by force, to the white population, allowing an undifferentiated Canadian
nation to freely dispose of all the territory and resources that it contains.

35
It is also necessary to underline the accelerated sexist character of this law. On the one hand, the Indian status was
transmitted only by the father, in total contradiction with the matrilineal practices of many Amerindian societies, notably
Iroquoians, such as the Mohawks and the Huron-Wendats; on the other hand, registered Indian women lost their status by
marrying a non-Indian. Thousands of natives born or having entered into mixed unions were therefore forcibly deprived of Indian
status. These provisions were eventually challenged and amended in 1985 by Bill C-31, which revised the Indian Act . For more
detail on this discriminatory policy, and on the no less problematic provisions that left them, see among others Lynn Gehl (2000)
The Queen and I: Discrimination Against Women Continues in the Indian Act , Canadian Woman Studies, 20.2: 64 -69.
4.4.2 Band councils to replace traditional political systems
After having usurped control over their citizenship, the project to transform Aboriginal societies
turned to traditional political institutions, with the Indian Advancement Act (1884), subtitled " An Act
to confer certain privileges on Indian bands the most advanced in Canada with a view to training them
in the exercise of municipal affairs ". Rueck describes the latter as “ an aggressive assimilationist law
that made the establishment of elected band councils, modeled on Euro-Canadian municipal
governments, a primary goal of Indian politics (Rueck, 2013: 303 ).

Because of their long history of contact with whites, the “ advanced ” communities of Wendake and
Kahnawà :ke were among the guinea pigs for the imposition of the band council system under the
Indian Act. The authorities of the time considered that these Iroquoian communities, heirs to
centuries-old and refined political systems, were not integrating quickly enough into Canadian
society. There are also reformist factions, made up in part of a new class of traders and landowners,
often mixed race or perceived as such (Rueck, 2012-a: 8; Brunelle, 1998 ), who welcome this change.
imposed as a means of advancing their interests (for Wendake and Masteuiatsh, see: Béreau, 2011;
for Kahnawà :ke, see: Reid, 2004; Rueck, 2012-b; Rueck, 2013)

The demands of these reformist members were used extensively by Indian Affairs officials to justify
the changes imposed, even as they blithely ignored the numerous demands made by supporters of
maintaining the customary political system (Rueck, 2012-b). Several studies examine the resistance
shown by the traditional band councils of these guinea pig communities in the face of this offensive
against their political institutions (Béreau, 2011; Rueck, 2013; Reid, 2004), as well as the close links
between political reforms and land reforms (Rueck, 2012-b; Pasternak, 2009; Ladner, 2006).

Nearly a century later, this objective of assimilation of the natives, which must pass through the
elimination of their political authorities, was still at the heart of the White Paper on Indian Policy of
1969 (MAIDN, 1969). This attempt to reform Indian policies was strongly rejected by the disavowed
prime ministers (Ladner, 2006), through a
of opposition which was decisive in the political organization of the native peoples on a national scale
(Savard, 1979).

4.5 Land ownership: extinguishing aboriginal title

We have already discussed above the limits of the Crown's claim to underlying land title in areas
where Aboriginal land title has never been formally extinguished by treaty. The Supreme Court, in the
Calder judgment of 1973, pushed the federal government to recognize the validity of Aboriginal land
title, initiating a wave of negotiation of so-called "modern" territorial treaties, and reviving a practice
that had been dormant for half a century. . Aboriginal title was then confirmed by its inclusion in the
1982 Constitution, which was followed by the adoption by Ottawa of a new procedure for settling two
types of land claims: 1. comprehensive land claims, i.e. those relating to a title not extinguished by
treaty, and 2. specific land claims , which relate to lands lost by aboriginal peoples due to
36
mismanagement by the government . The common denominator of all these steps, however,
remains the need to extinguish the Aboriginal title, and this in defiance of the opinion of several
organizations for the protection of human rights and the UN (Pasternak, 2013; APN, 2012) .

Without minimizing the benefits that certain nations have been able to derive from these modern
treaties (such as the James Bay and Northern Quebec Agreement, the first of its kind 37
), they only
recognize that governments have for a long time broke their own rules, and stripped certain nations
of their lands without compensation, as was the case for the Wendat. However, the Court leaves it up
to each of the communities — if they have the means — to take legal action to seek reparation for the
harm suffered.

For several authors consulted, modern treaties are thus far from constituting

36
The territorial treaty to which the Wendat refer is the Murray Treaty of 1759, which recognizes but does not extinguish their
land rights. However, they have not initiated comprehensive land claims proceedings at this time. They have suffered two
specific territorial claims in recent decades, concerning the lands of Quarante Arpents and Rockmont, and another has been
studied concerning the seigneury of Sillery.
37
The authors remain circumspect even on this aspect. According to Petit, “the provisions of this great treaty have not radically
changed the living conditions of the Crees and the Inuit, since their situation is similar to that of other Aboriginal populations in
northern Canada” (Petit, 2011:23) . The overall well-being index of the Cree and Naskapi communities would have experienced
until around 1996 “ a 'catching-up' effect caused by the JBNQA; but now it is stagnating ” (Ibid.). Furthermore, among the
signatory groups “ the disposable income per capita is barely higher than that of all Aboriginal people in Quebec ”, despite the
fact that the cost of living in the North is higher than elsewhere (Ibid.) .
post-colonial agreements, because they do not in any way question the legitimacy of the Crown to
acquire Aboriginal lands (Scott, in Beaulieu et al. , 2010; Pasternak, 2013). With the Paix des Braves
and the opening made to the definition and management of trap lines, a certain recognition of the
management of use has appeared. It remains possible, however, to interpret these treaties as being
different based solely on the Western worldview, and not providing a space where definite
conceptions of land ownership and what exploitation rights can coexist. involve as a responsibility for
the inhabitants and operators.

4.6 The creation of reserves and the occupation of the territory in Quebec
With the creation of reserves, the location of indigenous communities was imposed by external
agents. This is a rare phenomenon in human history, where human settlements are generally
determined by economic forces (agriculture, trade, fishing). We will recall here the creation of the
Amerindian reserves in Quebec. This is characterized by two major phases, which strongly favored
future development: the first is that of the reserves in the St. Lawrence Valley. Established under the
French regime and dedicated to agriculture and evangelization, their populations were already
acculturated to the allochthonous population when the second phase arrived, allowing it on the
sedentarization of semi-nomadic populations of groups of hunters, in the objective of exploiting the
water, forest and mining resources of their territories.

Our case study, Wendake, belongs to the first category. However, it is relevant to put it in parallel with
the second, because this makes it possible to account for the transition to the colonialist paradigm of
settlement that has occurred across the country, as well as to understand the socio-political context in
which a new assimilationist legal framework came to impose itself on populations that had kept for
more than two centuries a fairly high level of control over their territories and their internal affairs
(Brunelle, 1998).

But let us first examine the legal reasons explaining the initial position of the Quebec government
regarding the lands reserved for the Indians.

In Quebec, the position of the government was for a long time to take the expression "lands reserved
for the Indians " in its narrowest sense, that is, reserves strictly speaking, placed,
like the Indians themselves, under federal jurisdiction by section 91 (24) of the AANB (Dorion and
Lacasse, 2011). The provincial government therefore recognized that the federal government had
created Indian reserves on Quebec territory, but not that the Aboriginals had prior property rights to
the territory, thus denying the need to deal with treaties to extinguish these rights. He held to this
position until the Crees requested an injunction against the hydroelectric projects carried out on their
territory in 1973. This attitude, in contradiction with both constitutional law and Canadian practice,
would end up costing him
“ much more expensive than if the government had not waited so long to meet its obligations ” (Dorion
and Lacasse, 2011: 213).

If he went a century before Quebec came up against this contradiction, it was mainly because he
claimed to have appropriated its current territory before Confederation by "discovery", and therefore
without proceeding by treaty. As the British had for their part established from the beginning of their
regime a strict procedure for the acquisition of Indian lands (Royal Proclamation of 1763, article 5),
the doctrine of acquisition by discovery was destined to be reversed, when submitted to courts in the
British legal tradition.

The lands occupied at the time of the French regime were the most useful for settling settlers: the
arable lands of the St. Lawrence Valley. However, the only sedentary tribes encountered by Cartier in
1534 in these regions, called today by historians and anthropologists the Iroquoians of the St.
Lawrence, no longer had a permanent establishment in the region even before Champlain's
expedition in 1603 38 . The field was in a way free for the invention of a myth based on the discovery
and the Terra Nullis , ignoring the occupation and sharing of the places by other groups of hunters and
fishermen still very present in the area. 'era.

The French missionaries gradually installed reductions, or homes, to keep Christianized members of

allied Indian tribes close to them . These would integrate with the

38
Experts refer to them as a distinct group, although related to other Iroquoian tribes living upstream, such as the Hurons,
Neutrals, Erie and Iroquois. They estimate that they had disappeared from the entire valley around 1580, ending in Stadacona,
and that they would have migrated towards the Great Lakes, integrating with other Iroquoian groups (Tremblay, 2006). Relying
among other things on their oral tradition, the Huron-Wendats reinforce themselves like their direct descendants, and do not
recognize the distinction with the Iroquoians of the St. Lawrence (Sioui, 2014, Houle-Drapeau, 2015).
39
These so-called domiciled Indians came mainly from the Mohawk nations (in La Prairie, then in Sault-Saint-Louis
(Kahnawà:ke) and Sault-au-Récollet (later moved to Kanehsatake)), Huron (in Sillery, the Ile d'Orleans, Beauport,
time a certain number of members of other clans and nations to their groups (Béchard, 1976; Green,
1991). Settled in the Saint-Laurent valley under the French regime, they were granted seigneuries
century
from the 17th , under the supervision of religious communities. These seigniories, or what
remained of them, would in certain cases be transformed into reserves after their transfer to the
federal Crown (see on this subject Jetten, 1994).

As there are few fertile lands outside this valley, the real impact of Quebec's legal position—the denial
century
of aboriginal land title—waited until the industrial age to make itself felt. “ From the 19th , this
pseudo-balance would be gradually modified by the appearance of a new class of whites who no longer
coveted the souls or the furs but the very territory of the Indians” (Clermont, 1977 : 93). With the
opening to colonization of the resource regions of Abitibi-Témiscamingue, the Laurentians, Mauricie,
Saguenay-Lac-Saint-Jean and Cô te-Nord, it was the Aboriginal nations of these regions, Anishinaabe,
Atikamekw and Innus, who succeeded the hardest hit by this denial of their ancestral rights to the
territory. The federal Department of Indian Affairs, responsible for protecting their interests, was
rarely of great help to its wards in these politically delicate cases involving Ottawa and Quebec
(Clermont, 1977; Leroux et al., 2004 ) .

4.6.1 In the St. Lawrence Valley

The current reserves in the St. Lawrence Valley, as mentioned earlier, evolved from religious missions
dating from the French regime. From the perspective of the French, land had been granted by the king
for the use of converted Indians. If they bore the name of seigneuries, their mode of concession was
nevertheless distinct from the others, the lands ceded under conditions to the Indians “ converted and
to their guardians (…) for their use ” (Pépin 2007: 24; 26). From the Aboriginal perspective, these
missions also served as trading outposts and facilitated contact and exchange of goods with
Europeans and with nations in more distant regions.

It is however for these semi-sedentary peoples already practicing agriculture that the places of
establishment succeeded the most arbitrarily imposed, by fixing them at the borders (Mohawks and

Lorette, then Wendake), Abenaki (in Sillery, Lévis, then La Conception (Cap-de-la-Madeleine), eventually forming the
communities of Wôlinak and Odanak) and Algonquin (in Sillery and La Conception).
 40
Abenakis) or beyond (Hurons) the regions where their villages were then established . The French
colonial authorities wishing to keep their Amerindian allies in their sphere of influence, they sought
from the start to found villages near French cities and forts: Ville-Marie, Trois-Rivières, Quebec. The
objectives were to promote agriculture and religion, as well as to show these communities as an
example to unconverted natives. The inhabitants of these seigneuries, called “domiciled Indians”,
essentially kept their own political system (Rueck, 2012-a), but were also supervised by the
missionaries in residence.

Although the founding documents were clearly established, in several well-documented cases,
including Wendake and Kahnawà :ke (Lavoie, 2010; Rueck, 2013; Pépin, 2007), that the religious
communities were not the owners of these concessions, those- They still took advantage of their
position to lease land to white farmers. These transactions led to the erosion of the land base of the “
Indian ” seigneuries without their proteges benefiting from it (Rueck, 2012-a). Both the discourse and
the legal actions of the Mohawks and Wendats over the years are perfectly consistent with the fact
that they knew they were the true owners of these lands (Rueck, 2013). Furthermore, the 1982
Constitution endorsed the legal argument – put forward by both natives and scholars of international
law – that the granting of these lordships should be considered a form of imperial (or pre-
Confederation) treaty and that the title of ownership is therefore not extinguished to this day in favor
of the federal Crown (Ghobashy, 1961). The two communities in question have not yet obtained a
settlement of these land claims.

With the abolition of the seigneurial system in 1854, a significant part of the land base of these “ first
generation ” reserves disappeared again. Land leased to white censitaires and which provided income
41
for the natives became the property of these farmers (Rueck, 2012-a) . They will later be annexed to
neighboring municipalities, definitively leaving the bosom of Indian lands. In Kahnawà :ke, this loss
represents about 2/3 of the territory of their seigneury of Sault-Saint-Louis (MCK, 2009), while in
Wendake, the

40
It is important to emphasize that this in no way prevents domiciled Indians from developing diplomatic ties with members of
other nations in the region, in order to equitably share access to hunting and fishing territories. This good understanding
remained until the incursions of white hunters, responding only to their own rules, did not permanently disturb the diplomatic
balance and the systems in the 19th century . (Clermont, 1977; Brunelle, 1998)
41
On the other hand, despite the abolition of the seigneurial system, the seigneurs and their descendants continued in certain
places to receive a rent from the farmers until the definitive prohibition of this practical system in 1961.
territories of L'Ancienne-Lorette, Sillery, and Vanier, among others, were taken from seigneurial
grants (for a detailed portrait, see Lavoie, 2010).

The abolition of the seigniorial regime also allowed the federal government to claim to take over from
the religious communities by taking over the jurisdiction of Indian lands. This is why the territorial
claims granted by the Wendats and the Mohawks still turn today to the federal government in this
matter 42 , including for disputes caused by religious communities.

4.6.2 Outside the St. Lawrence Valley

The history of the founding of reserves far from major population centers has been compared. It is at
the same time more recent, faster and more brutal: these reserves have a later origin, and their
members have not had such close and prolonged contact with the non-native population. Moreover,
due to the geography of the places and the traditionally nomadic culture of their inhabitants, these
settlements have never had a mainly agricultural vocation.

These reserves were generally made up of portions of the ancestral territory occupied by each of the
bands, often evolving from a trading post or an already present religious mission, but without the
initial objective of settling the population. These trading posts were located in places that facilitated
the shipment of goods, often overlooking waterways. These were frequently sites of summer
encampments, places of trade and commerce between long produced nations. When the reserves
were created, it was not uncommon for the trading posts to already have a few Aboriginal and mixed-
race families who had become the first permanent residents. But the majority of the members of their
bands (like many members of the bands of the St. Lawrence Valley) still lived from the commercial
hunting of fur-bearing animals, the main activity practiced by the Amerindians to ensure their
subsistence (Morantz, 2004).

However, the pelt industry was to experience a definitive decline from the first ten years of the
twentieth century, rendering the economic argument for the location of these establishments, on
which a whole population of hunters in the mode of life depended.

In Wendake, this was the case for the specific land claims relating to the land of 40 arpents in the 1990s, and that of
42

Rockmont, which has not yet been judged by the courts (Yakwennra, 2013).
lifestyle now modified by exchanges with non-natives (firearms, metal products, flour, etc.) (Morantz,
2004; Shewell, 2004). The system put in place by Indian Affairs works when it presents their
dependency, as described above. The sedentarization policy forced the Indians to reside on the
reserves and their children to attend boarding schools, which were often very far away, for eight
months a year. Beginning in 1885, a permission system was disabled to prevent whites from entering
reservations without the consent of the designated Indian agent. “ In many places, this directive has
been interpreted as prohibiting natives from leaving their reserve without permission from the agent.
The reservations were becoming veritable prisons. (CRPA-b, 1996)

Considered — until today — as minors in the eyes of the law, the Indians cannot have their property
seized on the reserve, which in practice restricts access to the credit and capital necessary for
entrepreneurship, which could make it possible to diversify economic avenues. If we consider the
physical remoteness of the reserves from the network of towns and municipalities, which is the norm,
as well as the legal guardianship preventing them from having access to credit, the conditions were
put in place to keep the natives of remote regions away from economic development, preventing them
from enjoying the wealth extracted from their ancestral territories. At the same time, governments
were opening up - from the territories newly "acquired" to the natives - new regions for agriculture
and mining and forestry, instigating an irreversible cohabitation on territories where the presence of
whites had until then been limited. there only restricted to missionaries and fur trading post
personnel.

This overview is intended as a reminder of the fact that the major part of the Canadian and Quebec
territory has only been occupied by non-natives for less than one hundred and fifty years, while the
original inhabitants who shared it were confined, to use the expression of Jacques Leroux, to skins of
shagreen. Although the community under study is one of the Aboriginal nations of the St. Lawrence
Valley, those with the longest history of relations with non-Natives, it is important to emphasize that
the profound changes in the way of considering the the occupation of the territory and the relations
between nations took place during the same period, in the era of settler colonialism, and marked all
Aboriginal peoples without exception.

The Wendats of Wendake are also subject to the Indian Act. They, too, experienced
significant dispossession of their traditional territory and the imposition of a new system of
governance during this period. While the consequences of the colonial effort are still clearly visible in
the marginalization of the first peoples and the deplorable living conditions that are the lot of many
communities, our case study shows in the next chapter how they use planning and constrain
development. “ one of the best organized communities in Quebec ” (MAANDC-a, 2013).

4.7 Land use planning and Aboriginal communities

The process of colonization described above and the creation of reserves had several similar
consequences for the Aboriginal nations of North America, regardless of their ancestral culture or
their geographical location. Nations have overwhelmingly been confined to reserve lands, disrupting
their traditional economy. With the devaluation of ancestral activities and knowledge (among others
by the religious authorities, then by the Western education system) and the imposed replacement of
the original modes of governance, the whole relationship to the territory has been upset. The
previous chapter introduced planning theorists and practitioners (such as Jojola, Boothroyd or
Millette) who over the past decades have bridged developments in anthropology and problematized
Indigenous community planning by integrating an approach drawing on traditional practices and
knowledge.

4.7.1 A true planning tradition

It is now established and documented that advanced land tenure, land use and resource access
regimes were in effect in North America, and constituted traditional planning methods (Millette,
2011; Jojola, 1991; Leroux et al. , 2004; Boothroyd, 1986). Prior to the arrival of Europeans,
Aboriginal people “gathered resources, managed large tracts of land, and governed over the same lands,
while planning future uses. They used sophisticated community land use practices, based on natural
cycles, family lineages and traditional ways that stretched from the distant past and projected into the
distant future” (Millette, 2011: 23 ) .

Millette recalls that aspects of these practices persisted in places after the imposition of the reserve
system, unbeknownst to the colonial governments (Millette, 2011). In particular, access to territory
and resources was exchanged directly between groups of
hunters and between neighboring Indigenous nations, natural cycles continued to be observed for the
use of these resources, and specific areas were designated for specific uses (Millette, Ibid.; Leroux et
al., 2004; see also Rueck , 2012-a). It was only after several decades that these traditional planning
practices were virtually erased from collective memory (Millette, 2011), as a colonial system took
hold that did not recognize their validity.

4.7.2 Banking and the turn to dependency

Regrouping on reserve marked the beginning of a sedentary lifestyle for many Aboriginal nations. The
socioeconomic and health conditions clearly below the Canadian average, which are still the norm
there today (Romaniuc, 2000), mean that this experience of sedentary life is often linked to a set of
negative and imposed elements. denying their relationship to the territory. As a Cree resident of
Whapmagoostui explained to Adelson, “ The village is recognized as a useful but imposed structure and
a reminder of colonial history. Home has much less to do with village houses than with family and the
expanse of land to the north, south and east ( …)” (Adelson, 2005: 299).

The federal government's policies aimed at Aboriginal people not only undermined the possibilities of
traditional governance of their lands: they also provided mechanisms to replace it with municipal-
type powers (regulations, roads and bridges, local government). However, these powers applied — by
design, because the Crown was seeking to establish its underlying ownership of the land — on
territories of an extremely reduced scale, thus completely different from that with which the natives
were accustomed to deal. This other territorial scale had as its corollary the imposition of a complete
shift in the traditional economic bases centered on hunting and fishing, either towards intensive
agriculture (for the communities in the South), or towards commercial trapping, combined with a
some subsistence assistance provided by fur companies (in more northern communities).

Canadian authorities had no doubt greatly underestimated the difficulties associated with such an
economic transition. However, once the territories were acquired by treaty, the Aboriginal question
became much less pressing, and provided an opportunity to pursue the objective of assimilation by
other means, in particular federal assistance policies. These,
According to Shewell, " evolved as a feature of the continued subjugation and domination of First
Nations by the Canadian state, and it was integral to the state's attempts to assimilate Indians into
Canadian society" ( Shewell , 2004: 23). Once the communities were relegated to the margins of
Canadian society, the necessary economic shift was therefore almost systematically one of
dependence on federal funding, which continues to this day, even among the most prosperous
communities . Dependence on these welfare policies can therefore be seen as a manifestation of the
loss of political and economic autonomy of First Nations, and of the impact of the process of state
legitimization on their communities (Ibid. ) .

4.7.3 Indigenous community planning today

In many reserves, population growth, infrastructure planning, housing, economic issues and the
development of common spaces due to real problems of an urban nature. The categories presented in
the previous chapter show the evolution of the thoughts of planners regarding their interventions in
Aboriginal territory, as well as the theoretical currents that have fueled them. There has therefore
been an evolution in approaches, in Canada as in the United States, but the authors cited agree on the
fact that in the majority of cases, reserve planning has historically been carried out by practitioners
from the United States. outside the communities, little informed or little asked about traditional
knowledge and the cultural identity of the population (Jojola, 2000, quoted in Millette, 2011). Millette
found similar conditions on reserves in Canada (see also Peters, 2003; Aubrey, 2004), explaining that
"in addition to being sporadic, piecemeal and subject to fluctuating funding, land use planning
processes in First Nations reserves are often usurped by outside practitioners tied to larger architectural
or engineering firms who appear to be focused on potential construction or infrastructure work that
may arise from the final plan. (Millette, 2011: 22)

This author also deplores the fact that the various planning tools proposed by the federal government
(Physical Development Plan, Comprehensive Community Planning, etc., presented in Table 4)

43
As an indication, it is generally estimated (because they no longer participate in the Canadian census since 1976) that
Kahnawà:ke and Akwesasne are the Aboriginal communities with the highest per capita income in the country (Bonvillain,
1992). The annual income per family in Kahnawà:ke appeared in 1998 at $33,000 (Papillon, 2008, citing Sixdion, 1998), and
was largely the result of off-reserve employment. This economy Despite relatively prosperous, diversified, and a higher
employment rate than elsewhere, the Kahnawà:ke Band Council derived 97% of its income from federal transfers, according to
Grand Chief Michael Ahríhron Delisle (quoted in Benssaieh, 2012).
content themselves with advocating a formatted and descending method ( top-down process ),
without considering other planning approaches more sensitive to the very particular context in which
they will be adopted, with consequences of the results on the results: "a general lack of Adequate
appreciation for long-term worldviews, for example, results from these plans and is one of the main
reasons for unsuccessful outcomes . ( ibid. ).

4.7.3.1 The progressive devolution of planning powers

In the 1980s, certain limits of the model of administration of reserves entirely controlled by Indian
Affairs agents became apparent (Panagiotaraku, 2002), when the government entered an era of
disinvestment, and when the desire for self-determination of several nations became difficult to
ignore. This context leads DANDC to develop mechanisms for the evolution of planning authority (see
Table 2, Enabling tools for planning ). First allowed communities to opt out through an agreement
under sections 53 and 60 of the Indian Act , then later other provisions under the Regional Land
Administration Program , which somewhat expanded the scope of the first program.

As Cossey (2013) points out, these provisions primarily affect articles dealing with the disposition of
reserve lands, rather than their development. If the decision-making autonomy in this matter is
increased for the nations that subscribe to it, we cannot speak in this case of self-determination,
because the minister retains the power to approve the agreement, and can withdraw from it at any
time. moment. The premise of the legitimacy of federal jurisdiction over reserve lands is thus
maintained, with DANDC merely empowering the First Nation to make decisions on its lands through
a limited delegation of authority.

The Environment and Reserve Land Management Program , created in the early 2010s, aims to replace
the agreements made under the two previous mechanisms, by integrating them with increased
powers in terms of the environment, resource management and land use planning. Its effects remain
to be confirmed, as no nation has yet taken advantage of this new provision (Cossey, 2014).

While the tools for increasing self-determination in planning remain limited in their scope, the federal
government's tendency to disinvest has for its part been confirmed and accentuated over the decades.
This led to the development of policies
primarily aimed at the economic development of Aboriginal communities, considered by
governments as a means of diversifying sources of revenue in order to reduce the communities'
dependence on government funding. The last decade has notably seen the emergence of the First
Nations Commercial and Industrial Development Act , which allows the supervision of specific projects
on reserve lands by regulations modeled on the provincial model, under tripartite agreements.
between the two levels of government and the Aboriginal community. At the same time, the
designation mechanism, permitted by the Indian Act , gained followers once its legal scope was
confirmed. It allows communities to identify parts of their indigenous lands for economic
development purposes, which confers a special status on the land as well as on the buildings that are
set up there so as to offer better guarantees to outside investors.

It should be noted in passing that these economic development provisions involve the application of
provincial rules on reserve lands, once again blurring the distinction between municipalities and
Aboriginal communities, rather than allowing or recognizing the jurisdiction of First Nations on the
lands reserved for them.

4.7.3.2 Self-determination tools

Nations do not benefit from one of the very few modern treaties (such as the JBNQA) or self-
determination agreements (only three of the 606 First Nations in Canada) also have four main
avenues in terms of land use planning (see summary in Table 2), which grants, depending on the case,
more or less decision-making power to the Aboriginal communities on the development of their
lands: 1-Leave all the power to the Minister (no autonomy), 2-Establish a regulation administrative
zoning under the Indian Act , 3-Conclude a sectoral autonomy partnership in terms of development
(see Table 3), 4-Establish a land code under the Land Management Act First Nations lands .

Although it is an administrative agreement, the Land Code allows autonomy over a set of essential
elements to guide the future of First Nations territories. Designed by a committee that can then
oversee its implementation, it offers leeway allowing communities to define the planning tools they
wish to acquire as well as the philosophical and conceptual bases on how to carry out their
will rest.

This model has been praised by Millette (2011), who has worked with indigenous communities in
Colombia, many of whom have adhered to this approach. The author considers that the leeway
authorized by the Framework Agreement allows First Nations to design a tailor-made planning model
for their territory, specific to their historical, social, political, spiritual and environmental context, and
to determine which elements they want to use which of the traditional Western and Aboriginal
approaches, and in what proportions (as shown in Figure 4).
Table 2: Land use planning enablers

S
o
u
r
c
e
s
:

C
o
s
Finally, we should mention that some nations are developing their own tools, which they adopt
without seeking the approval of the federal government. They thus create spaces of de facto
autonomy which have the potential to contribute to building their institutional capacities while
remaining adaptable to their needs, where federal programs will reach a minimum level of
bureaucracy which is not necessarily within the reach of the more small communities. We can draw a
parallel here with Sandercock's concept of Insurgent planning . In communities where the jurisdiction
of non-Aboriginal governments is questioned, this approach stems from a desire to claim and
appropriate areas of intervention, by presenting governments with accomplished facts. Note,
however, the great difficulty of identifying such approaches, which by nature are located in gray
areas, across Canada. In addition, these tools remind us to have a certain legal vulnerability, because a
person affected by a dispute could seek to challenge them before the Canadian courts, which could not
44
grant them the same legal value as the tools recognized and approved by the ministry . This is also
the case of Wendake, whose lease control instrument, for example, does not comply with the
supervision of MAANDC, as required by section 21 (Register of reserve lands) of the Indian Act
(MAANDC, 2013).

It should be noted that the official avenues mentioned – apart from giving full control to the Minister –
imply the involvement of significant human and financial resources, for very little support is available
from the federal government. This observation can also be extended to the other programs and
instruments promoted by the federal government in terms of land use planning (see tables 3 and 4).

44
The legitimacy of instruments designed by communities outside the framework pre-established by MAANDC is currently being
tested in court. Members of the Kahnawà:ke band affected by the settlement prohibiting them from residing on the territory with a
non-Aboriginal spouse are trying to challenge this settlement before the Superior Court and the Human Rights Commission. In
an apparent case, the Canadian Human Rights Tribunal ruled in Jacobs v. Mohawk Council of Kahnawake (1998) that the Indian
Act was subordinate to the Charter of Rights and Freedoms. Developments in this file over the coming years could have
repercussions in other communities that have demonstrated their ability to legislate. In the event of a judgment being rejected by
the Mohawk Council (although it is likely that it would choose to ignore it), the provisions causing differences of this order which
could be presented as undue limitations on an existing off-reserve right could be repealed by necessary to harmonize them with
those of other jurisdictions. The Canadian Charter could therefore be used to limit the autonomy of elected Aboriginal
governments on their territories, making them even more similar to municipalities.
Table 3: Programs to Increase Self-Reliance in Reserve Land Development

S
o
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r
c
e
s
:

C
o
s
s
e
y
,

2
0
1
3
,
Table 4: Tools developed by DANDC for the management of reserve lands

S
o
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e
s
:

C
o
s
s
e
y
,
4.7.3.3 Development dictated by infrastructure needs
The Comprehensive Community Plan (CCP) is a tool undeniably rooted in "good practices" in
planning, placing great emphasis on community participation and the development of a diagnosis, a
strategic vision, then to the implementation, monitoring and flow mechanisms. CMHC has published a
guide and organized seminars aimed at informing Aboriginal communities of the many benefits that
can result from the development and application of such a plan, presented by MAANDC as “holistic”.

However, despite the advantages put forward, there is no funding dedicated to the development of
CCPs. This shortcoming is reflected in the small number of communities committing to this process.
Regarding the lack of support in terms of land use planning, a DANDC official said: " We went from a
department that controlled everything to a department that transferred responsibilities much faster
than people were able to do it ” (DFANDC, 2013).

Due to a lack of resources, land use planning is therefore in practice a largely absent concern in
indigenous territories, despite their strong growth and limited space. As a general rule, according to
45
the MMADNC officials interviewed , the expression of the needs of the community in terms of
infrastructure and the opening of lots takes the place of planning, because it conditions the funding
received by the communities to allow residential construction. Moreover, the latter is generally
constantly catching up on the needs of the members, who continue to wait on the waiting lists
symptomatic of a permanent housing crisis. A DANDC official described how the funding formulas
provided by infrastructure programs guide the development of reserves. “[In urban areas,] the
formula, what it pays for, is the construction of the street, the street infrastructure, the aqueduct, the
sewer, the rainwater, if it is a piped network . Or if it's rural , it's going to be the septic tank, the well,
then the water infrastructure. (MAANDC, 2013) For the many communities that do not have the
leeway to afford external development resources, the bureaucratic framework and the

45
This information should be qualified here by recalling that the MAANDC works by region and between regions because there
are significant differences that the officials we met could not attest to. For example, the First Nations of the British Columbia
region show a greater interest than those of Quebec in using the development tools proposed by the MAANDC: more than 30
First Nations of this province have adopted a land code, and several dozen have also adopted a comprehensive community
plan. It is therefore likely that the portrait of development practices differs and is less linked to infrastructure funding in this
region.
available programs therefore ensure that planning is limited to the expression of infrastructure needs
and the geotechnical studies required by the MAANDC to ensure that the land identified is actually
conducive to construction.

Since the funding formula for housing is designed on the basis of the construction of isolated single-
family residences, which are notoriously costly to serve with infrastructure, the Aboriginal
communities are forced by the criteria imposed on them to place themselves in the same situation as
many municipalities with peri-urban type development, which design neighborhoods whose
infrastructure costs cannot be covered by the low population density served, pushing down the
quality of the facilities as well as that of the constructions, and rapidly consuming the space extremely
limited to them by trying to house the most members at the lowest cost. This problematic cycle was
described by a DANDC official as follows: “(…) the big problem with our houses, we at Native Affairs,
that is to say that we have integrated houses that cost as little as possible with such amount, then we put
them there, then after that after fifteen to twenty years, they are finished then we rebuild them. When
they toffee that time… ” (MAANDC, 2013).

Where municipalities in this situation exert pressure to expand their urban perimeter, particularly in
the agricultural zone, the only possibility for Aboriginal communities to expand is the tedious process
of adding reserve lands (described in more detail to the next point).

Wendake has not adopted comprehensive community planning, and in fact uses very little of the
development tools promoted by MAANDC. In some aspects (which will be developed in the next
chapter), our study community has taken control of its development without seeking federal
government approval, while in other aspects it remains subject to the criteria of the funding formulas
the effects have just been mentioned.

If the design of the neighborhoods reproduces the model described above while remaining largely
subordinated to the criteria of immobilization of the infrastructures, in terms of residential
construction, at the very least, the portrait that Wendake offers is radically more positive than that
described here by the DANDC official, thanks to the funding tools that the community
has acquired (see section 6.4.4).

4.7.3.4 Addition of Reserve Land Policy

With the courts striking down the enfranchisement provisions of the Indian Act (the mechanism for
phasing out the number of people entitled to reside on reserves), and then the right to regain lost
Indian status ( MacIvor decision of 2009, see DANDC, 2010-a), and given the continued population
growth of many communities, the whole original logic aimed at decreasing gang membership has
been reversed. The demographic pressure on the reserve territories has continued to increase since
without the territorial policies having been reviewed in depth.

In order to alleviate the effects of this growth, DANDC introduced in the 1970s the Policy of Adding
Reserve Lands . This mechanism allows an Indian band to purchase land, which the federal Crown
agrees to acquire subject to certain criteria in order to eventually add it to the land base of the
reserve. 46

However, it must be admitted that this mechanism is in practice only accessible to communities with
sufficient resources to devote to it, because the process is demanding, justified and can be very long: it
is not uncommon for taken 20 to 30 years (MAANDC, 2013).

The entire burden of proof rests with the Aboriginal community to justify an addition of land. In
effect, this requires addressing need through population projections, then finding available land that
is “primarily contiguous” to the existing reserve (to limit infrastructure spending). There follows a
series of procedures at the expense of the Band Council: surveying, search for land title dating back to
the origin of the cadastre (because the Crown requires a clear title), environmental analyses,
decontamination if necessary. The community must then negotiate with the municipality and the
provincial Crown compensation for loss of land revenue and mitigate any other existing issues, if
applicable. As the Band Council is exempt from seizure, it must form a third-party legal entity, a
corporation that will be able to acquire the land, and finance this purchase from its operating budget,
with no guarantee that the federal government will then agree to include it in its land fund. .

The creation and expansion of reserves are royal prerogatives, and therefore require the approval of the Governor General in
46

Council.
It should also be noted that the MAANDC has neither financial nor human resources to help support
the Aboriginal communities in these steps. Moreover, he has by his own admission no means of acting
on the possible speculation on the price of land that could arise on private lands contiguous to a
reserve in search of expansion.
" But the Crown does not reimburse more than the market price " (MAANDC, 2013): this means that the
band bears the cost of such a situation alone, by assuming the price difference, a constraint that it is to
buy in its immediate vicinity. The professionals we met indicated that another limitation of this
process is the fact that with the delays encouraged during the process of adding reserve lands,
knowledge is lost at the local level, because they rarely have the opportunity to complete such
projects more than once in a career. The communities therefore generally cannot count on the
experience of one of their own to carry out the procedures.

In light of these observations, it appears that the process of adding reserve lands cannot be
considered in the current context as a short-term solution to a housing crisis or demographic
pressure. The way in which the DANDC manages this policy withdrawn also testifies to the federal
government's concern, despite the royal prerogative and the provisions made in section 18 of the
Indian Act, not to rush the provinces by refraining from Intervening directly in a process that would
have the effect of increasing the area of federal Crown lands within the territorial limits of the
provinces, a delicate subject.

Section 18 (1) of the Indian Act, recalls that Her Majesty may hold reserves " for the use and benefit of
the respective bands from time to time ." The Act does not specify what the notion of “profit” includes,
but there is no doubt that residence is a central element of the notion of “use” 47 .

Legal doctrine states that the law does not create an obligation to Her Majesty. The Governor in
Council therefore has no obligation to house all band members on land set aside for their use and
benefit. However, as housing the Indian band is central

47
There are also reserve lands whose primary use is as hunting territory, such as the Tioweró:ton (Doncaster reserve) of the Mohawks.
of the purpose of the reserve, we see here commenting on the passive role played by the department
with the Indian bands in its application of the policy of adding reserve lands, as well as the chronic
underfunding of the habitation, comes into conflict with this royal commitment to ensure their
benefit.

We touch here on an important contradiction, consequence of the adaptation of an

entirely assimilationist law. Aboriginal policies in Canada were designed, it should be
remembered, as transitional measures, based on the premise that the Aboriginal
population would decrease . The demographic reality of Aboriginal communities and the
identity dynamics that could not be suspected at the time of their conception, however,
forced the government to adapt by proposing this measure allowing for the growth of
reserve territories, despite all the constraints therein . associated.

4.7.3.5 Preliminary observations on the development of indigenous territories

This panorama partly underlines the interest for the members of the different communities to get
directly involved in the development in its different aspects: the MAANDC does not concern itself with
it and the minimal response to its criteria leads to a use under - optimal territorial and financial
resources, with tangible negative consequences on the quality of life. On the other hand, it could
attract the attention of professionals ready to learn, listen and support Aboriginal communities in
making development choices that are more respectful of their needs, aspirations and cultural
specificities. Several voices cited above have been speaking out for some time in the world of planning
to suggest ways in this direction.

But the effects of these theoretical developments are still far from being apparent on the ground. The
portrait of the practice of urban planning in Wendake will illustrate that a large part of the constraints
that limit this evolution of planning practices in Aboriginal communities are of a systemic nature.
Also, with rare exceptions, the colonial paradigm previously described the dwelling at the heart of the
proposed approaches. Finally, both the administration of programs by civil servants and the funding
formulas they must apply undermine the possibilities of Aboriginal people to develop their capacities
and increase their level of control over their living environment.
Born out of a system whose fulcrum of governance is the Indian Act , the contradictions present an
imbalance of planning duties and responsibilities between government and Indigenous communities
that are symptomatic of centuries of colonial relations: funding rules, extinguishment of aboriginal
48
title, imposition of property rules that conflict with the aboriginal worldview, etc. , are all attributes
of a model that seeks to reduce Aboriginal territories to the status of mere municipalities.

4.8 Assessment: failure of colonial policies and indigenous awakening

By any measure, the aboriginal policies of the last century and a half — which is settler colonialism —
have failed miserably.

People claiming Aboriginal identity are likely to be more numerous today than at the time of first
contact , 49 and the reserve system, which was intended as a transition to Euro-Canadian society, has
endured and compensated despite its specified problems. to the cultural survival of Aboriginal groups
(Romaniuc, 2000; Moss and Gardner-O'Toole, 1987; Brunelle, 1998). Even adopting the official
version that is more flattering to the state, that the Crown has placed itself as the protector of the
Aboriginal peoples, the significant socio-economic — even health — gap that still separates them
today from the rest of the Canadian population (ENM, 2012; Romaniuc, 2000) testifies to this failure.

Alarming reports on the living conditions on the reserves or on some road blockage by an Amerindian
militant group occasionally remind the non-native population of the parallel existence of a Canada
where individuals are subject to other laws because of their origins. . More recently, the UN Special
Rapporteur on the Rights of Peoples

48
On this last point, a recent example is the First Nations Property Rights Initiative , led by the First Nations Taxation
Commission, a semi-governmental agency, and championed by conservative intellectual Tom Flanagan and Christopher
Alcantara in their book Beyond the Indian Act: Restoring Aboriginal Property Rights (2010). A critical analysis of the book, and
representative of the majority opinion among Aboriginal groups in the country, was produced by jurist Pamela D. Palmater in the
Literary Review of Canada (Palmater, 2010).
49
In the 2011 National Household Survey (Statistics Canada, 2011), 1.4 million people reported an Aboriginal identity (First
Nations, Métis and Inuit). Although the question remains debated before, the experts estimated the pre-contacted population on
the current Canadian territory between 200,000 and 2 million individuals (Romaniuc, 2000). The Report of the Royal Commission
on Aboriginal Peoples states that “the figure of 500,000 indigenous people present at the time of first sustained contact with
Europeans is perhaps the most generally accepted” (RCAP, 1996, Ch. 2). For a comparison of different methods of estimating
historical Aboriginal demographics, see Romaniuc's (2000) article Aboriginal Population in Canada: Growth Dynamics Under
Conditions of Encounter of Civilizations .
which highlighted “ the crisis in the situation of the country’s indigenous people [who] live in conditions
comparable to those of countries (…) where poverty abounds ” (Vastel, 2013). Unfortunately, these
flashes of visibility are unlikely to fade into decades of collective oblivion and denial. There is also
little chance of overthrowing the great founding myths of North American history: after all, didn't the
Indians lose their lands a long time ago?

It is useless, however, to continue to ignore the facts: the indigenous people today are not only more
numerous, but also more aware of their rights and of the historical injustices they have suffered. They
are also more educated and ready to defend these rights with the vigor of those who fight for future
generations. The most assertive Aboriginal groups (such as the traditionalist Mohawks of Kahnawà :ke
and Kahnesatake, the Anishinaabe of Lac-Barrière, or the pan-Canadian movement Idle No More)
forge links of solidarity between nations and push for Aboriginal settlement, represented by band
councils and the Assembly of First Nations, to position themselves on substantive issues of territorial
jurisdiction and respect for historic treaties (Kulchyski, 2013). It is high time for the population at
large, and for planners in particular, to take an interest in these questions and to consider the means
at their disposal to help support the natives in their efforts to change the dynamics colonial still in
place.
5. THE CASE OF WENDAKE: PORTRAIT OF THE TERRITORY AND THE COMMUNITY

The Huron-Wendat community of Wendake as we know it was born around a Catholic mission
century
founded in the 17th near Quebec to promote the “civilization” of the Indians through religion
and the practice of agriculture. In 1651, the mission welcomed a group of converted Wendat refugees
whose descendants, the Hurons of Lorette, continued to occupy the area of the St. Lawrence Valley
and maintain diplomatic relations with the Aboriginal peoples of the entire region ( Delage and
Sawaya, 2001).

With some 1,600 people in approximately two square kilometres, the former Village-des-Hurons is
today the most urbanized Aboriginal community in Quebec. Surrounded by the residential suburb of
Loretteville, its built environment of the last decades is practically indistinguishable from it in the
modern part (Iankova, 2007). But beyond this apparent acculturation, Wendake remains a cultural,
institutional and political major, for the Wendats as for other Aboriginal nations of Quebec (Iankova,
2008).

If the problem of the exiguity of the territory of Wendake is almost as old as the reserve itself (see
Falardeau, 1939), the potential addition of several hundred members to the band makes the
questions of housing, development residential and future expansions more urgent than ever.

We first recall in this section the course of the Wendat nation, focusing on its territorial, political and
economic aspects. We will end with an urban portrait of the Wendake reserve.

5.1 The territory of the Huron-Wendats of Wendake

5.1.1 From Huronia to the Diaspora
At the beginning of the 17th century, the French came into contact with those they called the Hurons.
During the previous two centuries, the latter formed a Confederation, which at the time brought
together four tribes: the Attignawantans (people of the Bear), the Attignaenongnehacs (people of the
Rope), the Arendahronons (people of the Rock) and the Tahontaenrats (people of the Deer) (Sioui,
1994) 50 . They are up to 30,000 to live in villages established between Lake Simcoe and the bay

Kindred, the Ataronchronons, or people of the Marshes, probably would not have achieved membership at the time (Trigger,
50

1989)
Georgian, on a territory they call Wendake, and which the French explorers call themselves Huronia
(Trigger, 1989).

Figure 8: Location of Huronia, or historic Wendake

Source: Sioui-Labelle, 1998

But their influence goes far beyond this zone: farmers and traders, they occupy an articulated site
which makes them necessary intermediaries between foodstuffs from the South (agricultural
products, tobacco, then possibly European products) and the skins and game hunted by the northern
and eastern Algonquian nations. They are thus at the center of an immense trade network that
stretches from Chesapeake Bay to James Bay, and extends from Wisconsin to Tadoussac (Trigger, in
Sioui-Labelle, 1998). Along these trade routes, Wendat is the lingua franca , known to all their
partners (Sioui, 1994). Frequentation of this vast territory is however not without causing periodic
friction with their neighbors of the Confederacy of Five Iroquois Nations, or Haudenosaunee.
Figure 9: Network of trade routes of the Hurons around 1600

Source: Sioui-Labelle, 1998

The French quickly saw their interest and formally allied themselves with the Wendats in 1613. They
convinced them to let them set up, from 1627, permanent religious missions in Huronia, causing a
certain division among the natives, alarmed among other things by the diseases disseminated by
missionaries (Sioui, 1994). In the villages of Sainte-Marie-au-pays-des-Hurons, Saint-Louis and Saint-
Ignace, the converted Wendats benefited from solid palisades inspired by the French fortifications,
which proved necessary in these times of war against armed Haudenosaunee more generously than
English
they by the Dutch and the . Archaeological research has shown that the French influence on the
development of these villages was already strongly felt, from the choice of sites to the layout of the
longhouses (Jury, 1955).

Decimated by the double onslaught of diseases spread by the Europeans and years of war against the
Iroquois Confederacy, the Wendats left the region for good in 1650. After the total destruction of their
villages in 1649, some 600 of them answered each other towards the is in order to get closer to the
French settlements in the St. Lawrence Valley (Brunelle, 2008). Among those who then decline the
protection of the missionaries, some will join the Five Iroquois Nations to be adopted according to
custom, and participate

In order to encourage the conversion of natives, the Jesuits gave arms and ammunition only to those who converted to
51

Catholicism. They also got a better price for their furs (Sioui-Labelle, 1998)
a time in the fight against the French (Sioui-Labelle, 1998), while others will migrate west, then south,
forming the Wyandot community of the Detroit region, which will eventually spread as far as
Oklahoma and Kansas.

Figure 10: Reconstruction of a traditional Wendat village (Nodwell site, 14th century
)

Source: Canadian Architect, January 2006

5.1.2 The plundered Huron lords of Sillery and Lorette

While the Jesuits would have liked to see them settle in the Montreal region, newly open to
colonization, the Wendat survivors preferred to move away more safely from the Iroquois threat and
head towards Quebec. Their first agricultural establishment on the Île d'Orléans was supported in
1656 by an Iroquois raid, without the French coming to their aid, having signed a separate peace with
this nation three years earlier (Laflèche, 1995). The Wendats then joined the mission of Sillery, a
seigneury granted to the natives in 1651 where some of theirs had already settled, as well as
Abenakis and Anishinaabes.

Their rootedness in the region materialized in 1669, when the Wendats obtained the seigneury of
Saint-Gabriel in concession in noble freehold 52 (see on this subject Boily, 2006) and settled in Lorette
(today, L' Old Lorette). They knew in all five

52
The freehold designates a piece of land, which can be noble or commoner, which is exempt from feudal rights and duties.
travels in the region when they settled in 1697 in Roreke, called by the French the Jeune-Lorette or
the Village-des-Hurons, which would later become the Wendake reserve.

Figure 11: Successive settlements of the Hurons in the Quebec region

Source: Guillaume Dutil, 2015

The seigniories of the “ wild neophytes 53 ” are spread over 5 km of frontage on the river, and extend
over a depth of approximately 20 km, intersecting the current sectors of Sillery, Sainte-Foy, Vanier
and Loretteville. Through the concessions of seigneuries in noble freehold in Sillery and Saint-Gabriel,
" an original and daring project, of experimentation " in the French colonial experience in America
(Boily, 2005: 87), the Hurons of Lorette became collectively the dominant lords of those places placed
under the administration of the Jesuits; they were therefore integrated very early into the colonial
hierarchy, in particular by renting out part of their agricultural land to French farmers in the
surrounding area (Boily, 2006; Savard, 2005).
In addition to this participation in the development of the French colony, where they found a certain
profit, the Hurons confirmed their French allies, among other things, by clearing and cultivating the
land (Boily, 2006). It should be noted that they still retain during this first period at least two
essential elements of their Iroquoian land use practices.

53
The term neophyte designates in its first acceptance a newly baptized Christian, whereas the word savage, from the Low Latin
silvaticus , of the forest, was one of the main terms used from the time of contact in European languages (in French, in English
and Portuguese especially) to designate the indigenous peoples of the Americas (about its use, see The Myth of the Savage, by
Dickason, 1993)
The first is that they periodically move their village after about ten years, after the exhaustion of
firewood in the surroundings (at least until 1697). The second element can be deduced from the
clauses imposed on French censitaires who settle on Aboriginal seigniories, stipulating that they
accept that the Wendats can at any time cut wood on the granted lands (Savard, 2005). This condition
is less innocuous than it seems, because it is one of the 22 rules enacted by the chiefs of Kahnawà :ke
in the following century, which Rueck (2012-b; 2013) has shown to be part of the practices traditional
land uses of the Mohawks, an Iroquoian people culturally close to the Wendats.

Despite the beginnings of this “daring” project, the land status of the Hurons was quickly reduced:
they gradually passed from lords to protected by the Jesuits, then to censitaires of the latter in 1702
(Savard, 2005), when the French Crown settled the question of this status in favor of the religious
order (Boily, 2005). However, historical sources attest to the reluctance of the Hurons to accept this
stripping, which they expressed by refusing to pay the Jesuits the tax demanded for the lands of the
village of Lorette and those of Quarante Arpents, a sector west of the village conceded to the Hurons
by the religious order in 1742, which roughly corresponds to present-day Val-Bélair (Savard, 2005).

5.1.3 Reduction of Wendat territory under British rule

Under the British regime, the Jesuits were prevented from recruiting and the British Crown finally
appropriated the lands of the religious order once the last of the Jesuits died, in 1794 (Falardeau,
1939). The income that the Hurons of Lorette drew from the rental of the lands of the seigneury of
Sillery collapsed, and the letters they addressed to the English administration expressed this concern
for the future of their nation, which was not expected there at the time of the Conquest perhaps more
than one hundred and twenty members (Savard, 2005).

They therefore took the various legal steps taken in 1791 to have their rights recognized over the
seigneury of Sillery. Grand Chief Nicolas Vincent and three other Wendat chiefs went to meet King
George IV in London in 1825 for this purpose, but the latter referred the matter to the local
authorities (Lepage, 2009).

Following the transfer of Indian Affairs from military to civilian power in 1845, the oldest Aboriginal
communities, such as Lorette, became reserves in the same way
than those who created the government in the course of its sedentarization efforts in Western
Canada. He thus showed little inclination to intervene in the face of the growing demand from
Canadian farmers for land, while the latter settled permanently on the seigniorial lands formerly
granted to the Wendats. In return, he created the Rockmont reserve in 1853, to respond to the
grievances of Wendat hunters harassed by non-native farmers established at Quarante Arpents.
Rockmont, nicknamed the Autumn Cabin, serves as a base between the village of Lorette and the
hunting camps further north. But the pressure from settlers and non-native hunters eventually
reached the forests, with the creation of private sport hunting clubs, then that in 1895 of a national
54
park where the natives were banned from their traditional hunting and fishing activities . These
elements will reduce the space needed by the Wendats (Brunelle, 1998).

After two centuries of presence in the region, where they had developed their own land occupation
practices and had harmoniously integrated into the Aboriginal space of the St. Lawrence Valley 55 ,
and At the dawn of the 20th century
the Wendat saw their place rapidly diminish , they only present the lands of
the village, Quarante Arpents and Rockmont. These last two will be withdrawn from them a few years
later, claiming only 10.9 ha from the community then having about 519 inhabitants (Brunelle, 1998).

From the 1950s, a succession of small additions to reserve lands were authorized by the
federal government to accommodate population growth. The reserve gradually expands
northward, gradually filling the gap between the hill boulevard and the Akiawenrahk
River.

5.1.4 The Land Claims Era

The last word in the territorial history of Wendake has not been said, however, because the Wendats
have never ceased to claim the lands they once held. Certain elements also indicate that the authority
of the Wendats was still recognised, if only de facto , in

54
As in many places in Quebec at the time, private clubs held the privilege of hunting rights in public forests. The Wendats who
had been exploiting the area for generations were therefore subject to the same provincial laws as the Whites in this matter,
which led to several lawsuits against the Huron hunters (Brunelle, 1998: 23).
55
The Huron-Wendats became part of the Fédération des Sept Feux de la Vallée du Saint-Laurent when they arrived in the
region. Their participation in this political organization of domiciled Indians which met in Kahnawà:ke shows that they participated
in the Native diplomacy of this region. On this subject, see Sawaya, 1998.
 century
beginning of the 20th on the lands of Lorette. Léon Gérin noted, for example, that the roads in
the area were maintained by the whites of the neighboring parishes of Lorette, in exchange for the
right of way on the Huron reserve (Gérin, 1900).

It should also be noted that the 1990 Sioui decision of the Supreme Court confirmed as a pre-
Confederation treaty the safe-conduct produced by General Murray in 1759 in Longueuil, which
assured the Hurons that they would not be molested in the exercise of their religion and activities on
their journey back to their settlement in Loreto. The interpretation given to it by the Court is that of a
recognition that the Hurons practiced their traditional activities on a territory extending from Saint-
Maurice to Saguenay on the north shore of the St. Lawrence, and north to the watershed line (see
Appendix 6, Murray Treaty, 1759). Its exact scope was not specified by the Court, but the Murray
Treaty could serve as a legal basis within the framework of a comprehensive territorial claim by the
Wendats (Vaugeois, 2005).

More recently, specific claims proceedings with the Department of Indian Affairs led to the
recognition of the illegality of the sale by the federal government in 1904 of the Quarante Arpents and
Rockmont lands. The settlement of the Quarante Arpents affair in 2000 was accompanied by a
compensatory amount of $11.7 million, to be used to buy back land up to an area equivalent to that
lost (Deconinck, 2010) . The federal government also recognized in April 2013 the irregularity of the
referendum that led to the sale of the Rockmont land, thus giving itself three years to settle a
settlement with the CNHW regarding this specific claim, failing which the parties concerned take it to
court (Yakwennra, 2013). Finally, another specific territorial claim was studied by the nation and the
MAANDC, concerning the seigniory of Sillery (Picard, 2000).

5.2 Economic portrait

5.2.1 From agriculture to the craft industry

century
As they relocated to the Quebec region in the 17th , the Wendat were offered land that was less
and less suitable for agriculture. The rocky promontory on which the village of the Hurons settled
permanently in 1697 is above the fertile plain, which will force many Wendats to seek other means of
subsistence. Some
turn to the forest, becoming commercial hunters, guides or interpreters, but the increasingly
assiduous frequentation of the forests by the Whites, as well as the competition between native
hunters of different nations are felt and push them to adapt even more (Gerin, 1900).

Thus, from the middle of the 19th century , " to compensate for the growing scarcity of game, the Hurons
turned to the manufacture and sale of handicrafts, which they sold on public markets ( sic ) or at tourists
visiting their village ” (Rozon, 2005: 223). This production is sold on site, in the various vacation
resorts of Quebec, and soon exported across Canada and the United States. It is the birth of a craft
industry, which makes the fortune of several families and also employs white inhabitants of
neighboring villages (Iankova, 2007). The supply of raw materials (animal skins, wood, bark)
occupies many inhabitants of the village. The most important company, the Bastien et frères tannery,
settled upstream from the Kabir-Kouba falls, near which is also the Reid paper mill (burnt down at
the beginning of the 20th century ) . The tannery supplies the factory with moccasins and leather

goods 56 also belonging to the Bastien family. Today, the Hotel-Museum of the First Nations is located
on its site.

56
Since the forests were unable to supply the growing demand of the artisans of Wendake, they were manufacturing their leather
articles from the end of the 19th century with imported skins. “ These pelts, for the most part, are not from the country; they are
mainly moose or antelope skins from the East Indies. (…) so that the Lorette moccasin industry today sources its raw materials
almost entirely from abroad ” (Gérin, 1900: 33). Wendat craftsmanship had thus adapted to globalization, traditional basketry
objects made of sweetgrass alongside baskets
“ in rice straw, imported from China ” (Falardeau, 1939: 77).
Figure 12: View of the Kabir-Kouba falls and the Reid mill around 1900

Source: A. Boivin, around 1900, Initial collection, BaNQ

century
Witnesses from the beginning of the 20th report the Hurons' disinterest in the practice of
57
agriculture , and Brunelle estimates that there were only about ten farmers in Lorette at the time
(Brunelle, 1998). Nothing remains today of Wendake's agricultural past on its almost entirely
urbanized territory. At the beginning of the last century, commercial and service activities actually
brought in more than agriculture for the inhabitants, but from the 1920s, the craft factories
disappeared or went to settle elsewhere, a decline which was further accentuated with the economic
crisis of the following decade (Falardeau, 1939). The portrait drawn by Falardeau at the dawn of the
Second World War is also quite gloomy, he who sees the inhabitants of Lorette as resigned,
unproductive unemployed workers who have become dependent on the state (Ibid. ) .

On the strength of the experience acquired, in particular with the marketing of their craftsmanship,
the Wendats took advantage of the economic revival of the glorious thirties to pursue their
entrepreneurial tradition, betting on certain cultural products intended for

57
It seems that the very practice of agriculture – combined with ethnic tensions linked to miscegenation and conflicting values –
causes certain tensions within the community. For example, in 1842 the council of chiefs demanded the destruction of the
houses of certain members established as farmers at Quarante Arpents (Rozon, 2005).
foreign consumers. With the development of mass tourism, Wendake takes advantage of the
proximity of Quebec and its many visitors to establish itself as a place offering a certain easily
accessible exoticism. Shows and sites with an indigenous flavor were created, launching a tradition
that has now become more refined and closer to cultural roots (see on this subject Iankova, 2007).

5.2.2 Contemporary economic profile of Wendake

Taking advantage of a long tradition of trade, the talent and vision of craftsmen, a knowledge of the
forest in great demand, as well as the presence of a school in the village from the 1830s, the Wendats
succeeded in maintain over time a standard of living more or less comparable to that of surrounding
non-Aboriginal communities (Iankova, 2007), or even significantly above other Aboriginal
communities in Quebec (Morisonneau, 1968: 89). Today, the Wendats therefore compare themselves
to their neighbors in the Metropolitan Community of Quebec on many socioeconomic levels, as shown
in Table 5 58 .

58
Table 5 brings together data from the 2001 Statistics Canada census, the last year for which data are available for Wendake.
The results are also compared to the Aboriginal population of Quebec in general. It should be noted that the Mohawk
communities of Kahnawà:ke, Akwesasne and Kahnesatake, the first two of which are urban reserves, in addition to being the
most populated communities in Quebec, have not taken part in the Canadian census since the early 1980s. Accounting for
14,551 of the 69,900 Aboriginals residing in Aboriginal communities in Quebec, their inclusion would probably have had an
upward effect on the average in the areas of employment, education and income.
Table 5: Socioeconomic data on Wendake and the region of Quebec (2001)

Source: Statistics Canada, 2001

Wendake nowadays has a fairly varied local economy. Since the Bastien leather factory, the tradition
of commercial craftsmanship has grown, so much so that the Wendake industrial park now includes
several companies of this well-defined nature. These include the Picard canoes and the Gros-Louis
Vincent (GV) snowshoes, whose reputation extends beyond our borders. Year after year, dozens of
jobs are concentrated in the industrial park. A construction company in partnership with a contractor
in the Quebec region also allows the Huron-Wendats to covet major public contracts for the
road construction, among others for projects where a minimum number of Aboriginal workers is
required (Morin, 2013). A number of professional and service jobs are also present in residential
neighborhoods, in addition to public sector and administrative jobs which are concentrated in the
institutional sector.

Compared to other Aboriginal communities, Iankova (2008) finally underlines certain advantages of
Wendake, including the proximity of the center of provincial political power, which also offers a
dynamic economic space, as well as a capacity to attract domestic tourism and international
organization that promotes the Aboriginal and historical qualities of Wendake.

On the cultural level, the influence of the Wendats remains – as in the past – inversely proportional to
their number. Here again, the proximity of Quebec and the high level of formal education have
enabled many Wendats to make their voices heard and to perpetuate the heritage of their ancestors
in various fields, including the arts, communications and politics.

5.3 Political system

Towards the end of the 19th century , the Wendats had already established close and prolonged contact
with the colonial and native populations of the region for 200 years. Like the other Indians domiciled
in the St. Lawrence Valley, their political organization is still directly inspired by traditional models, at
the great dam in Ottawa, which aims to accelerate acculturation (see Brunelle, 1998).

At the time, the Wendats persisted in designating the chiefs of their community according to their
customary system, although the matrilineal clans " of the Turtle, of the Vulture and of the Wolf "
described in 1752 by the French engineer Franquet had disappeared in the meantime (Franquet ,
1889: 107). The main causes of this abandonment are the frequent intermarriage with French-
Canadian women who, of course, have no clan affiliation (Gérin, 1900), as well as the abandonment of
the longhouse, an essential mode of residence. centered on the female line.

The Hurons of Lorette, however, persisted in granting political power to their family chiefs and the
latter called together a public assembly in which the
important political decisions (Béreau, 2011). The resistance to the imposition of a band council
formed according to the Indian Act is well documented today (see Béreau, 2011; Brunelle, 1998), but
only delayed its installation, which was completed around 1900 (Brunelle, 1998).

Despite its imposed arrival, the band council managed, by opposing the Department of Indian Affairs
at pivotal times, to establish its legitimacy quite broadly as a political institution representing the
Huron-Wendats (Brunelle, 1998). In recent decades, the CNHW has also demonstrated both stability
and alternation 59 , as well as a certain consistency in the pursuit of the interests and demands of the
nation. Wendake stands out in this respect from other Aboriginal communities where traditionalist
groups constitute in principle a de facto opposition and a system parallel to the band council 60 .

Finally, note that Wendake changed its electoral system in 2002, after choosing by referendum to get
rid of the model established by the Indian Act. The current mode tends to be closer to the clan system
that existed in the past, with the difference that today it is a question of family clans, based on kinship
and designated by the patronymic (Clan of Picard, Clan of Sioui, Clan of Bastien, etc.), and no longer of
clan membership transmitted by clan mothers according to a matrilineal system. According to the
new electoral code, each of the clans elects a chief, while the grand chief is elected by universal
suffrage. A Council of Elders ratifies candidates beforehand and can make suggestions or block
legislative changes, like a senate in a parliamentary democracy (CNHW, 2012).

5.4 Land tenure

We have seen above that since the French regime, the Wendats participated collectively in the
seigniorial system, before being deprived of its benefits. There is reason to believe that the system in
61
force in the village of Lorette was inspired by the traditional Iroquoian land tenure system . An

observer from the beginning of the 20th century describes with astonishment the property system

59
The band council has long been led by Oné Onti Max Gros-Louis, who served as Grand Chief of the Nation for a total of 26
years between 1964 and 2008, in addition to being a prominent Indigenous political figure in the Canada-wide.
60
Such tensions exist in Masteuiatsh, among others. In Lac-Barrière and in the three Mohawk communities of Quebec, a
traditional chiefdom operates alongside the band council (see among others Papillon, 2009; Reid, 2004; Pasternak, 2013).
61
Elements taken into account are that everyone has the right to occupy as much land as they can cultivate for their family use,
and that wood no matter where it is can be taken by members for heating, except regularly notched sugar maples. For more
details on land occupation practices in an Iroquoian society, see Rueck, 2012-a.
collective of Lorette and the curious propensity of the Wendats not to seek to accumulate land (Gérin,
1900).

62
As in most areas where the Indian Act applies , the Wendat have adopted the approach of this Act
with respect to land tenure, namely that of community lands provided for in section 60 (CNHW, 2013-
b) , which claims to be inspired in part by the traditional practices of certain nations – including the
Wendat – of conserving the land for the benefit of the entire band. This is indeed still the case in
Wendake, where the CNHW is the custodian of the collective land base. In fact, practice in the field
today has little in common with the Wendat and Iroquian tradition. Certificates of occupancy issued
to members serve as security almost as strong as an individual title deed ( fee simple ownership )
(CNHW, 2013-a), and members who can afford it build and dispose of their homes , as they have
always done.

5.5 Urban form and road network

Starting from the site of its founding in 1697, Wendake has gone through several phases of
development. The village core, or Vieux-Wendake, is located in the southern part of the territory,
between the right-of-way of the old railway line and Chef Maurice-Bastien Boulevard on the one hand,
the river and Chef Origène-Sioui Street on the one hand. other part (in orange on figure 13). The area
around it is distinguished by its narrow, winding streets and by the tightly-packed layout of the
63
buildings, which follows the natural constraints. Around the Notre-Dame-de-Lorette church , there

are still about fifty old buildings, mainly houses built between the beginning of the 19th and the middle
century
of the 20th (figures 16, 18, 20, 22) , one of the most remarkable of which is the Tsawenhohi
house, home of Grand Chief Ignace-Nicolas Vincent Tsawenhohi (1771-1844) (figure 19).

century
It was during the second half of the 20th that Wendake experienced significant expansion, in
parallel with the development of the neighboring town of Loretteville. The village of the Hurons then
spread out north of the railway line, towards a common land of the Wendats, formerly used as
pasture (Larochelle, 2002). The first phase of this expansion is located on the west side and is
characterized by very straight lines and by a development

Two notable exceptions being the electoral system, as noted above, and the management of leases.
62

Destroyed by fire, the church was rebuilt in 1865 in a modest vernacular style, “ integrating the walls of the second church which
63

dates from 1730 ” (Larochelle, 2002: 48).

monofunctional residential. In the second phase, built on lots acquired by the community and added
to the reserve in 1988 and 1993, the layout of the streets breaks with the outline of the orthogonal
grid and presents sinuous forms and crescents. This sector also includes, in its southern part,
institutional buildings, concentrated along the eastern limit of the reserve (in blue on the map in
Figure 13).

Finally, in addition to Old Wendake and the two “modern” urban sectors, Wendake has an industrial
park located on the northwest side (in purple in Figure 13; Figure 58), signposted from Boulevard de
la Colline (Figure 59 ) and accessible via rue Claude-Sioui.

Wendake has few connections to the Quebec City road network. As shown in Figure 14, access to the
community is via Chef Maurice-Bastien and de la Faune boulevards, or by Maurice-Barthe street for
the southern part, or by Chef Claude-Sioui and Chief Max-Gros-Louis on the north side. Recent
attempts to connect the residential streets of Wendake to those of Quebec City have met with some
resistance from residents of Loretteville, who feared an increase in road traffic on their side (CNHW-
a, 2013). Moreover, the boundaries of the reserve are largely placed at the back of residential lots,
which contributes to giving the impression that Wendake is turned on itself.

The streets of Wendake are almost entirely paved (9.2 km out of a total of 10.4 km in 2009)
(CDEPNQL, 2010). With the exception of Vieux-Wendake, they are approximately 10m wide (figure
15: Rue Chef Stanislas-Koska), almost entirely devoted to traffic lanes. On-street parking is not
prohibited but remains uncommon because all lots in the residential sector have driveway entrances.
Only the commercial portion of Boulevard Chef Maurice-Bastien has a sidewalk. A section of rue Chef
Maurice-Sébastien has a bike lane. If the latter makes it possible to join the residential north of the
reserve to the institutional pole where the H8taïe primary school is located, it is not connected to the
Corridor des Cheminots, a 22-kilometre recreational and tourist cycle path located in the right-of-way
of the former railway and dependent Shannon in Limoilou (Ville de Québec, 2012).
 Limites de Wendake Vieux-

Wendake Secteur institutionnel

Secteur industriel
Ancienne emprise ferroviaire

Figure 13: Limits and sectors of Wendake

Source: Government of Quebec, Guillaume Dutil, 2016
Figure 14: Wendake road network

Village des
Hurons

Wendake
Place de l a
Chef-Théophile-Gros-
Louis
Chef-Nicolas-Vincent
Rivière-du-Serpent de
la
Chef-Pierre-A.-Picard
Chef-Gaspard-Picard
Chef-Alexandre-
Duschesneau
Chef-Alphonse-T.-
Picard
Chef-Francis-Gros-
Louis
Chef-Philippe-Vincent
Chef-Gabriel-Vincent
Chef-François-Gros-
Louis
Homme-Célèbre
Kateri-Tekakwitha
Chef-Ovide-Sioui
Chef-Émile-Picard
Chef-Origène-Sioui
Rues en construction

Vers St-Émile
Usi
traite
ne
de
ment
de
l’E
au

Vers
Loretteville
d
Pass
e
serell
e l
a

Chef-
Aimé-
8 Roma
in
1
2 2
1
Hôtel- 3
5 2
Premières
Musée 4 6 7 9 10 11 13 1
Nations 8 bd 7
15 16
Bastien
Chef-
14
Michel- Source: CNHW, 2012
Sioui
Figure 15: Rue Chef Stanislas-Koska

Source: Google, 2015

5.6 The sectors of Wendake: very marked functions

5.6.1 Old Wendake
Old Wendake bears witness to a “ historic, material heritage that is uncommon among other Aboriginal
nations ” (Iankova, 2007: 180). It is made up of a central axis, i.e. the route leading from the Place de la
Nation (figure 20) overlooking the Kabir-Kouba waterfall, to the complex (figure 16) including the
Notre-Dame- de-Lorette and its adjoining cemetery (figure 17).

Architect Pierre Larochelle (2002) noted several similarities between the tightly-knit layout of the
buildings and the archaeological site of Benson, in Ontario, which, in his view, testifies to the
persistence in Old Wendake of practices of spatial organization characterized as Huron ( Larochelle,
2002: 49). “ The layout of the houses, their orientation and their position relative to the street do not
obey any of the usual rules in our cultural area, which gives Old Wendake a unique identity” (Larochelle,
2002: 48) . The author also notes that “ most of the houses are oriented to the southeast, regardless of
the side of the plot facing the street. […] In one of the rare islets formed by two bands of plots appears
the trace of an old road
which allows you to cross it lengthwise” (Larochelle, 2002: 48).
According to him, these clues show that certain Huron planning traditions persisted in the first phase
of Wendake's construction, mainly with regard to the absence of a parcel system, collective
ownership of the land, the absence of private space around properties and the importance of
spirituality and the link with nature in the orientation of houses (Larochelle, 2002). This last element
can be linked to the testimony of Régent Garihwa Sioui, Huron customary chief of the Bear clan, who
explains that the Iroquian longhouses were automatically triggered towards the east, a symbol of
birth (Sioui Labelle, 1998 ).

Observers, such as the Swedish traveler Pehr Kalm, who reported that as early as 1720, the Hurons of
Lorette had abandoned the Iroquoian longhouses to adopt the construction of Canadian-style houses
(Gérin, 1900), which did not prevent the peculiarities of establishment to endure. A hundred years
later, passing through Wendake, the American writer Nathaniel P. Willis found the houses " generally
poor and dirty " but noted that they " have, by their layout, the appearance of an English barracks,

against the custom of the Canadians, who isolate them from each other: but the inhabitants [ sic ]

followed the method practiced by their ancestors ” (Willis, 1843). Finally, Larochelle points out that the
architectural types of buildings in Old Wendake correspond to the most common construction models
and techniques at the time of their erection, as they can be observed in the old suburbs of Quebec
such as Saint-Sauveur (Larochelle , 2002).
Figure 16: Rue chef Alexandre-Duchesnau
Figure 17: Church of Notre-Dame-de-Lorette
Figure 18: Rue chef Pierre-A.-Picard

16

Source: Gilbertus, 2008

17 18

Source: Dutil, 2013 Source: Dutil, 2013

Figure 19: Maison Nicolas Vincent Tsawenhohi
Figure 20: Place de la nation huronne-wendate
Figure 21: Rue Parent

1
9

Source : Groupe GID,

2005

2
0

Source : P.-O. Fortin,

2012

2
1

Source : Dutil,
2013
Figure 22: Arowanhe House
Figure 23: Rue du chef Pierre-Albert Picard
Figure 24: First Nations Hotel-Museum (source: B. Rochon, 2010)

2
2

Source : Dutil,
2013
2
3

Source : Dutil,
2013
2
4

Source : B. Rochon,
2010
It is in this part of the reserve that the commercial and tourist activity is concentrated, especially
including the restaurants and the craft shops that protect the heritage church. This does not prevent
Old Wendake from also being a place of residence: a dozen businesses on Chef Maurice-Bastien
Boulevard alone have one or more rental units upstairs, and the neighboring streets have several
dozen dwellings ( CNHW-a, 2013). Finally, an adjacent sector was annexed to the reserve in 2006 to
house the First Nations Hotel-Museum (Figure 23). By its tourist vocation, it constitutes a sort of
extension of the functions of the village core.

There are also buildings in Old Wendake that clash with the historic ensemble. The first is a modern
four-storey commercial building, the only building of its kind in Wendake, which at the time of our
visit appeared to be partially unoccupied and in need of maintenance (figure 28). In addition, in a
sector on the edge of the historic core, around Aimé-Romain and Herménégilde-Vincent streets,
industrial-type buildings are concentrated, some of which simultaneously have a residential function,
and among which there are several rental units at the variable maintenance, as shown in Figures 25
through 27.

The officials met referred to Old Wendake as a sector that had fallen into disfavor as a living
environment for an extended period, with several members of the community preferring to settle in
the contemporary sector, to the north, where land more spacious are available. The smallness of the
lots and the age of the houses in the historic sector were cited as disadvantages of Wendake “
downstairs ”, which corresponded to a greater proportion of less fortunate tenant households, as well
as members of other Aboriginal nations. At the same time, they cited the example of certain members
who, in recent years, had chosen to buy or reinvest in houses in Old Wendake, and whose renovations,
which they had not prevented, were successes and a asset for preserving the character of the tourism
sector (CNHW-a, 2013).
Figure 25: Industrial building, bordering Old Wendake
Figures 26 and 27: Residential buildings, bordering Old Wendake

2
5

Source : Dutil,
2013

2
6

Source : Dutil,
2013
2
7

Source : Dutil,
2013
Figure 28: Office complex, Old Wendake
Figure 29: Multi-unit building in Old Wendake

2
8

Source : Dutil,
2013

2
9

Source : Dutil,
2013
5.6.2 The residential sector
The modern residential sector of Wendake, whose development phases were mentioned in section
5.5, is mainly occupied by single-family residences built since the 1960s. Today, there are more than
600 houses of this type in Wendake, which makes it by far the dominant housing model in this
community, which had 679 dwellings in 2009 (FNQLEDC, 2010). They occupy larger lots than in the
historic part, but all had to be the same size because of the land allocation system, in force for fifty
years. Given the strong demand for living on the reserve, many houses are also subdivided to
accommodate rental housing (mostly in the basement). Others are also built as semi-detached,
making it possible to house two families on the same allotment of land (figures 44 and 37). There are
approximately 250 private rental units, in addition to the 46 council-leased low-cost housing (HLM)
and 6 rental townhouse units, which are also owned by the CNHW (CNHW-b, 2013).

It should be noted that the subdivision of existing residences to create rental units is a practice
accepted by the CNHW. Owners who have created such a dwelling can go to the Council office to
obtain a civic address and access to community services: water and sewer systems, waste and
recycling collection, all designated annual administrative fee of $135 per dwelling unit (CNHW-a,
2013). In 2013, those responsible for the housing programs undertook the first inventory of housing
on the reserve ( Ibid. ).

Breaking with the great uniformity of architectural types throughout, a few rare residences stand out,
either by their desire to imitate the past (figures 38 and 39), or by their distinctive side, such as the
residence in an airplane hangar ( figures 40 and 41) or the Archimedes modular house (figure 42). It
should be noted that these last two architectural styles have since been apparently prohibited by the
zoning by-law.
Figure 30: Signage, one of Wendake's visual signatures
Figure 31: Portion of a wetland, one of the few unbuilt spaces in the residential sector

3
0

Source : Dutil,
2013

3
1

Source : Dutil,
2013
Figures 32, 33 and 34: Bungalows

3
2

Source : Dutil,
2013

3
3

Source : Dutil,
2013
3
4

Source : Dutil,
2013
Figure 35: Bungalow Figure
36: Mobile home
Figure 37: Rental complex of townhouses belonging to the CNHW

3
5

Source : Dutil,
2013

3
6

Source : Dutil,
2013

3
7

Source : Dutil,
2013
Figures 38 and 39: Contemporary Canadian-style houses

3
8

Source : Dutil,
2013
3
9

Source : Dutil,
2013
Figures 40 and 41: Airplane hangar house
Figure 42: Archimedes modular house

4
0

Source : Dutil,
2013

4
1

Source : Dutil,
2013

4
2

Source : Dutil,
2013
Figures 43, 44 and 45: Houses built during the period 2008-2013

4
3

Source : Dutil,
2013
4
4

Source : Dutil,
2013

4
5

Source : Dutil,
2013
Figure 46: House in the residential sector of Wendake
Figure 47: Two-unit house under construction Figure 48:
Compliant teepee in a residential yard

4 4
6 7

Source : Dutil, Source : Dutil,

2013 2013

4
8

Source : Dutil,
2013
5.6.3 The institutional sector
Institutional and community buildings are, it should be remembered, concentrated in the
southeastern part of “ modern ” Wendake. A major hub marks the entrance to the community via
Boulevard de la Faune. This is Place Chef Michel-Laveau, where the premises of the CNHW (figure 49)
and the health clinic are located, as well as those of the AFNQL, the SOCCA, the RBA, and the
FNQLHSSC, umbrella institution that includes, among others, Aboriginal organizations in the fields of
education, health and economic development (FNQLHSSC, 2011). Added to this institutional hub is a
certain commercial presence: a branch of the Royal Bank, a pharmacy under the Uniprix banner, a
travel agency. One can include by extension the EKO service station located on the other side of the
Boulevard de la Faune, which belongs to the nation.

The institutional sector continues towards the interior of the district along an axis following rue de
l'Ours. While several institutions in Place Michel-Laveau have vocations that place them at the
interface of the community with other Aboriginal groups and public administrations, the "interior"
portion is for its part resolutely turned towards direct services to the community. It includes the
Ts8taïe primary school (figures 52 and 53) and the cultural centre, the Marcel-Sioui residence for the
elderly (figure 51), and the Orak early childhood center (CPE, figure 55) as well as the center for First
Nation Education Center (Figure 54) and the Workforce Training Center (CFDM, Figure 56), which
offers vocational courses. Also concentrated in this sector is social housing built by the CNHW; there
are also two HLM complexes and a townhouse project on site (figure 37). Finally, the Marguerite-
Vincent health center (Figure 5), under construction, is located near these institutional buildings.
Figure 49: Administrative center of the Huron-Wendat nation
Figure 50: Wendake police station
Figure 51: Marcel-Sioui retirement home

4
9

Source : Dutil,
2013

5
0

Source : Dutil,
2013
5
1

Source : Dutil,
2013
Figures 52 and 53: Ts8taïe school
Figure 54: First Nation Education Center

5
2

Source : Dutil,
2013
5
3

Source : Dutil,
2013
5
4

Source : Dutil,
2013
Figure 55: Orak Childcare Center
Figure 56: Workforce Development Center Figure 57: Marguerite-
Vincent Health Center, under construction

5
5

Source : Dutil,
2013

5
6

Source : Dutil,
2013

5
7

Source : Dutil,
2013
5.6.4 The industrial park
The activities found in the industrial park range from repairing small engines to making snowshoes
(Figure 63). This park also hosts a detail of building materials as well as a Wendat culture
interpretation centre, the traditional Huron Onhoü a Chetek8e site (figures 61 and 62). The police
station (Figure 50) is also located on the edge of this industrial park.

The site is now occupied at full capacity, and the authorities are considering the possibility of offering
some of its occupants to move to the future development of the Deslauriers-Plante sector (to which
we will return in sections 5.6.5 and 6.3.2) in order to recover space for residential construction.
According to the CNHW, this possibility would be viable, because the companies present would not
have caused significant contamination problems, according to the analyzes they conducted recently
(CNHW-b, 2013).

Figure 58: Aerial view of the residential sector (part) and the industrial park

Source: Sioui-Labelle, 1998

Figures 59: Panel at the entrance to the industrial park on boulevard de la Colline
Figure 60: Opening of the street that will lead to the development of the Doyon lot (see section 5.6.5)

5
9

Source : Dutil,
2013

6
0

Source : Dutil,
2013
Figure 61: Traditional Huron Onhoüa Chetek8e site, in the heart of the industrial park
Figure 62: Traditional Huron Onhoüa Chetek8e site (in the background) and
neighboring garage Figure 63: Factory of the snowshoe manufacturer GV

6
1

Source : Dutil,
2013

6
2

Source : Dutil,
2013

6
3

Source : Dutil,
2013
5.6.5 Recent additions and development projects
The northern and western borders of Wendake are not yet urbanized. The western part corresponds
to a recent addition to the reserve, called the Doyon lot (see figure 3) after its former owner. This
sector of approximately 1.5 km 2 is the subject of a development plan to which we will return in more
detail in the next chapter. The northern part, between the extension of Rue Chef Max-Gros-Louis and
the river, is located largely in a flood zone and includes wetlands (Figure 64). There are more high-
voltage lines there with a right-of-way of more than 100 m in width. The CNHW has chosen to keep
the premises in their current state.

In addition to the Doyon lot, in 2010 the CNHW acquired land located on the other side of Boulevard
de la Colline, the Deslauriers-Plante lots, covering an area of 50.9 ha. The decree of the federal
government confirmed their addition to the land of the reserve in January 2016. It is on this side that
the CNHW intends to direct the development at the end of the two phases applied for the Doyon lot.
The project originally considered proposed a residential development pole as well as a brand new
commercial and institutional development. The plans also accept the conservation of 50% of the
surface in its natural state (CNHW-a, 2013).
Figure 64: Limits of Wendake and flood zone

Source: Government of Quebec, Guillaume Dutil, 2016

6. DEVELOPMENT POLICIES AND PRACTICES IN WENDAKE
This chapter presents a portrait of land use planning in Wendake. First, it recalls the factors that
condition the planning process. It then describes the urban tools used by the CNHW and is based on
an analysis of these, releasing links with the conceptual framework retained. It thus makes it possible
to replace the planning practices in force in Wendake in the context of settler colonialism in which
they emerge, by offering a critical examination of the implementation tools that apply without the
finality – the assimilation of communities indigenous peoples in Canadian society and the lack of
differentiation of their territories – was not questioned.

A reminder, above all, to the effect that any comparison between an Aboriginal territory and a
municipality is reductive from many points of view. Just think of the very different powers that are
exercised by one and the other, of the very justification for the existence and location of the
indigenous community not necessarily proceeding from economic justifications (see sections 4.6 and
5.2.1 ), to the population who may or may not reside there, etc. We should also remember, as
mentioned in section 4.4, that the desire to transform Aboriginal communities into municipalities is a
recurring theme in Canadian political history, which we have identified as being one of the constants
of settler-colonialist discourse. This was in fact one of the objectives pursued by the federal
authorities from the time of the first Indian Act. It was later reiterated in the 1969 White Paper and
periodically reappears in the writings of certain authors who see in it a possible solution to the
problems faced by Aboriginal communities 64 .

Beyond the historical charge associated with this particular context, which is the desire to make the
distinction between municipalities and Aboriginal communities, the postcolonialist approach warns
us more generally against any description of otherness according to an allochthonous referent, which
would amount to showing what is “missing” in Wendake.

It must be recognized, however, that the legal and administrative frameworks of the Aboriginal
communities examined in section 4.7.3 – even those located in the same province – often present too
many differences between them for a comparison to lead to conclusions.

64
On this subject, see notes 24 and 48 .
 65
generalizable findings . In the following section, which deals with the context of urban planning in
Wendake, certain provisions of Quebec's Act respecting land use planning and development (LAU)
will therefore be used as a point of reference in order to put into perspective the content of the
documents relating to the development of the Wendat community, some elements of which are
homonymous but do not necessarily have the same scope. The aim here is to offer the reader a
familiar anchorage, which we will carefully present as an ideal, any more than the Wendat model will
be presented as incomplete.

6.1 The conditions of urban development

6.1.1 Financing that escapes the logic of property value

There is a fundamental difference between the motivations driving planning in a municipality and in
an Aboriginal community. As rightly pointed out by the Metropolitan Land Use and Development Plan
(CMM, 2011), fiscal logic currently governs the development of municipalities, a direct consequence
of their mode of financing: seeing their budgets burdened by the cost of services that they must offer
to citizens and seek to limit the increase in the level of property taxes to inflation, the municipal
councils are pushed to find solutions making it possible to increase the tax base. One of the more
municipalities is to develop new sectors of their territory, or, when space no longer allows it, to
redevelop the built perimeter by seeking to increase the land value of land and private buildings. This
fiscal logic is particularly present in Quebec, where more than 70% of the municipal budget comes
from property tax revenues, a high proportion when compared to those of other federal OECD
countries (CMM, 2011).

By contrast, the actions of Wendake – and of the vast majority of Aboriginal communities – in terms of
development do not have to be part of such a logic of capturing land value, because, on the one hand,
we do not It collects neither taxes nor property taxes, and on the other hand, basic infrastructure
expenditures are paid for by the federal government. The operating budget consists mainly of
government transfers, to which are added transfers from parapublic Aboriginal organizations and the
rents of members living in

65
There are, for example, Aboriginal settlements that are not Indian reserves within the meaning of the law, such as
Kahnesatake and villages without legal recognition such as Kitcisakik, while Inuit communities are incorporated into
municipalities, and Cree villages located on the Category I lands within the meaning of the JBNQA also have a special status.
 66
council-owned rental units (see figure 66). In Wendake, less than 4% of revenue comes from fixed
administrative fees paid by members for access to water, waste collection and mail delivery services.
Devoid of its own fiscal levers, Wendake is thus in a position of dependence vis-à -vis government
transfers, over which it has no control.

Figure 65: Sources of revenue for the CNHW

CNHW Revenue Sources

Total revenue: $25,328,361 (2012) 2%1%
4%
Government transfers Transfers from 5
8 %
parapublic organizations %
Members Rents 4
%
Interests of the Wendake
6
Construction housing program %
7
Sale of medical supplies Gas 0
%
station (gross margin) Other

Source : Rapport annuel 2011-2012, CNHW

(2012-b)

It follows that the administrators of the CNHW do not have to arbitrate between the different uses of
the land according to the tax gain that the community could derive from it. The administration's
political choices therefore have a great deal of leeway vis-à -vis members who do not own the land.
Theoretically, profitable commercial sites in Old Wendake could be converted into residences without
the CNHW losing income. In the same way, low-intensity uses could very well continue in the
industrial park without causing a noticeable tax loss from the point of view of the administrators.

6.1.2 The monopoly of public initiative

Another determining factor that should be reversed here, partly a corollary to the previous one, is the
de facto monopoly of public initiative. Given the major constraints

This amount, not detailed in the Annual Report (CNHW, 2012-b), is included in Figure 66 in the “Other” category, which totals
66

$905,741.
to the natives' ability to borrow, real estate development as we know it in the municipalities is non-
existent in Wendake. There are many Wendat entrepreneurs working in the field of construction, but
without the possibility of buying land and delivering homes to make their investment profitable, there
are no private promoters working in real estate development in Wendake.

This situation is obviously in strong contrast with the modus operandi of municipalities, which most
often grow and evolve according to the projects of private developers. In Wendake, infrastructure
construction, like residential construction, is directly or indirectly associated with current funding
received by the council or government subsidy programs, and is adapted to the latter's requirements.

The financial dependence on the MAANDC, combined with this monopoly of public initiative
represented by the CNHW, therefore shows the very great concentration of decision-making spaces in
the hands of the public authorities which is in place in Wendake in terms of development.

6.1.3 Municipalities and Indigenous communities: the paradox of similar landscapes

It is essential to take these major differences into account when addressing the question of the formal
resemblance between the development of the community under study and that of the surrounding
peri-urban areas (see Figure 67). This similarity therefore appears paradoxical, because these similar
spaces on the surface are due to legal and financial systems whose basic parameters are different.
Figure 66: Typical urban forms in Wendake and Loretteville

Rue chef Stanislas Koska Ahihathenha, Wendake, (top) and rue Georges-Cloutier, Borough of Loretteville, Quebec
(bottom) . Source: Google Maps, 2013

To explain this observation, some invoke the significant acculturation of the Wendat. We certainly
find an expression of this on an individual scale, for example in the tastes and choices of layout of the
residences and grounds of the inhabitants of Wendake. Up to a certain point, this acculturation is also
reflected collectively in the perpetuation of the predominant model of spatial organization, typical of
the middle-class North American suburbs of the 1960s to 1990s, and resting in front of a low-rise
suburban building density, an essentially privatized space, separation of functions, sizes and street
layouts favoring motorized travel, etc. of this design model.

This acculturation is a factual state, the product of the historical journey and the socioeconomic
conditions specific to the Wendat nation, which cannot be ignored. However, it is not enough to
explain the results, which are essentially the same in Uashat and Mani-Utenam (Innu nation of the
North Shore), Mistissini (Cree nation), and Pikogan (Anishinaabe nation). These communities are part
of regional structures that are very different from each other (see their location in Appendix 7,
Location of Aboriginal communities in Quebec ). Located outside the St. Lawrence Valley, the period of
definitive settlement of these communities is also much more recent than that of the Wendats. They
come, however, to
produce very similar urban forms (Figure 68). This observation applies moreover in general to
Canada: twenty years ago already, CREPA underlined with regard to dwellings on reserves that they
"most often resemble those found in the suburbs of our large cities ” (CREPA, 1993).

Figure 67: Aerial view of four Aboriginal communities in Quebec Communities of 1.

Mistissini, 2. Mani-Utenam, 3. Uashat and 4. Pikogan

Source: Google Maps, 2012-2014

It is therefore possible to argue that the parameters guiding their development, imposed by the
various aspects put forward by Aboriginal Affairs over time (we are thinking here of standardized
housing models, criteria associated with funding programs , the transfer of federal responsibilities to
communities without dedicated resources, etc.), have played a determining role everywhere, leading
CREPA to conclude that "Unfortunately, in Canada, the influence of Aboriginal heritage on housing has
in a large measure disappeared for administrative and pecuniary considerations” (CREPA, 1993).

As we have seen above, just as the development choices of municipalities are strongly influenced by
fiscal imperatives, the question of financing occupies a preponderant place in the planning choices of
Aboriginal communities. However, the logic underlying the funding model imposed by the federal
government means that many factors
determining residential development is beyond the control of communities. More than thirty years
ago, Rémi Savard had already noted the problematic side of this standardization of ways of living,
underway in Aboriginal communities from coast to coast, and which was furthermore supported,
according to him, by certain Aboriginal leaders, " who base their claims in housing matters on a
reduction in the gaps between Indian housing conditions and national averages. As if there should be
only one way to be well housed: that of white people ” (quoted in Lessard, 1984).

6.2 Development planning actors and processes in Wendake

Due to the centralization of decision-making places mentioned above, the development planning
process in Wendake is divided between three organizations: the MAANDC, the CNHW, and the urban
planning consulting firm mandated by the latter to produce certain documents, Gaston St-Pierre and
Associates. Figure 69 identifies the three organizations from which decisions in this area emanate and
their respective roles.

Figure 68: Roles of organizations involved in planning decisions in Wendake

6.2.1 DANDCA
The MAANDC does not intervene in decisions regarding the development of Wendake (MAANDC,
2013; CNHW-b, 2013), but through the control it exercises over the transfers and the selection grids
for the assistance programs described above, its influence is decisive.

In particular, it sets the operating budget available for each community, within the budgetary
guidelines and political priorities defined by the Minister. This budget is then allocated based on the
number of band members and other factors at its discretion (eg distance from major urban centres,
order of priority for intervention, etc.). MAANDC also designed and administers grant programs for
residential construction and infrastructure (water supply, sewers and road network). MAANDC
therefore controls the standards that communities must meet in order to receive the transfers that
make up the largest part of their operating budget, as well as all of the amounts associated with
specific programs. As mentioned in section 4.7.3.4, it also has the power to supervise and approve
expansions of the land base of reserves negotiated by Indian bands, through the reserve land addition
program.

6.2.2 CNHW
In the “municipalizing” paradigm that is that of the Department of Native Affairs, the band council is
the body responsible for the administration of a reserve territory. From the point of view of the
CNHW – supported by its institutional continuity and the history of its relations with the Canadian
government – it is the government of the Huron-Wendat nation, a status that comes with many
responsibilities that go far beyond the inhabited jurisdictions of the municipalities and where
planning is only one of many aspects.

Section 4.7.3 presented the various mechanisms provided by the federal government by which a band
council can extend its powers over its reserve lands. The CNHW only used one of these tools, the
zoning by-law. It turned out to have other planning tools, which will be discussed in more detail in
section
6.3.2. Some of them reflect the growing desire of the CNHW to define its own instruments and to
appropriate decision-making spaces on its territory.
In practice, the relations of the CNHW with the MAANDC in terms of regional planning consist mainly
in expressing to the ministry the needs of the nation in terms of housing and infrastructure, then in
administering the sums allocated accordingly (CNHW- b, 2013). In recent years, the process of adding
reserve lands has also involved ongoing exchanges between the two organizations. Both further
confirm that the Ministry does not focus on land use planning, neither to impose nor to advise or
provide technical support to CNHW officials (CNHW-a, 2013; CNHW-b, 2013; MANDAC, 2013).

Two departments of the Wendat administration are particularly solicited in terms of development.
The Technical Services Directorate is responsible for planning and regulatory aspects, while the
Housing Directorate applies the housing policy and housing finance program (CNHW-a, 2013; CNHW -
b, 2013).

68
The CNHW also oversees the work of the advisory committee and the housing committee and takes
their recommendations into account. In addition, responsible officials and chiefs are integrated into
the design of the terms of reference of the consultants who develop the documents and plans in force.
Lastly, the Council is responsible for the application of any by-law binding on the members of the
nation, in particular with regard to zoning and building permits.

6.2.3 Urban planning consultants

The third player involved in planning decisions is the urban planning consulting firm that has
produced most of the documents used for the development of Wendake for nearly 30 years, Gaston
St-Pierre et Associés, based in Quebec. . This firm notably produced the community development plan
and the zoning by-law. To date, she has carried out several mandates relating to development in
Aboriginal territories in Quebec (in Uashat and Mashteuiatsh, in particular).

These long-term relationships between an Aboriginal community and an urban planning consulting
firm seem to be common, at least in Quebec. Two other speakers from the middle of

68
The advisory committee is very rarely used in Wendake; it processes requests for exemptions but does not meet on a
regular basis (CNHW, 2016)
the town planning consultants who have worked with other Aboriginal communities have underlined
the great fidelity over time that the communities with requested they had been called upon to
manifest themselves within the framework of these partnerships, by committing themselves over
several mandates to consultants with whom they develop a bond of trust.

CNHW employees met praised the collaboration established with the firm GSP & Associés.
“ They know the regulations and our context well, since we have been working with them ” (CNHW-b,
2013). According to them, the representatives of this firm reciprocally appreciate the ease of working
with their community. “ They tell us: 'It's easy to work with you. It is clear, you know where you are
going ”. (CNHW-b, 2013).

If the regulations are presented to the assembly of the Council of the Nation, the planning issues are
not retained in such a way as to integrate the population into the process. “ We do not systematically
consult. (…) We rely on word of mouth. You know, here, it's a small community, everything is known
quickly. (CNHW-b, 2013). It should be qualified that this feature could be attributed to a preference of
the CNHW or the professionals interviewed, rather than to the firm itself; as part of the other
mandates already mentioned, GSP & Associés has, for example, carried out planning processes that
include public information sessions (Uashat 2013) and consultation sessions (Mashteuiatsh 2012).

6.3 Landscaping tools and practice in Wendake

6.3.1 Current development tools

Three main tools serve as guides for the CNHW for land use planning in Wendake. First, there are the
two documents, the zoning by-law and the community development plan, which will be examined
later. The third key element is the housing program, designed by the CNHW with the aim of improving
the housing conditions of the members of the nation and promoting access to property. We will see
later the major impact this has had on the development of Wendake for nearly 40 years. Finally, we
will see that the CNHW has put forward in recent years an overall planning approach, developed by
the active involvement of local professionals related to new concerns such as natural constraints. The
board
plan to apply this approach to the new sectors to be urbanized, namely the Doyon and Deslauriers-
Plante lots.

Recall that in a municipality subject to the LAU, political decision-makers set density targets and other
criteria through their zoning by-laws, in accordance with the provincial enabling laws, and generally
await proposals from developers to develop the defined lands. It should be emphasized from the
outset that there is no formal document in Wendake setting out a strategic vision, or the orientations
chosen by the community for its development, in the sense that in a municipality the plan urban
planning, mandatory under the LAU, or the strategic land use plan or the comprehensive community
plan cannot have Aboriginal communities (see section 4.7.3.3).

The zoning by-law announces itself in article 1.1 as a " means of implementation within the framework
of a rational development policy of the Huron-Wendat nation " (CNHW, 2007), but does not give more
substance to what this " rational planning policy " represented, which is not presented elsewhere.

We should also mention the constraints limiting the possibilities of redevelopment of land already
built in Wendake as well as the emergence of residential construction projects other than individual
ones. The limited access to credit, affecting both entrepreneurs and individuals, remains a first-rate
obstacle and means that initiative cannot necessarily emanate in these matters except from the
CNHW, which is also acquired through its control of the land base the model to which the nation has
been committed for decades.

Only the CNHW thus holds all the necessary levers: regulations, land base, access to financing, housing
and housing program ensuring the accessibility of new residences for members. It should also be
remembered that it does not have to comply with a logic of property taxation, because the only
contribution expected from members concerns access to community services (civic number, aqueduct
and sewer, etc.).
 69
In addition, Wendake, like other Aboriginal communities in Quebec , is not required to comply with
a development plan at the regional regional level within the meaning of the LAU and therefore does
not have to likely to harmonize its development with that of neighboring municipalities. While the
MAANDC recommends that Aboriginal communities maintain good neighborly relations with the
municipalities that surround them, sometimes playing the role of a communication channel to do so
(MAANDC, 2013), the absence of a formal regional consultation mechanism can sometimes caused
certain misunderstandings and even friction (see Tota, 2003). In recent years, however, Wendake has
shown a certain determination in this area, in particular by adapting to CMQ regulations on surface
water management and waste management without being legally constrained to do so. .

6.3.2 Community development plan

The community development plan (PAC), adopted in 2007, was described by the CNHW officials met
as an essential tool for planning the development of Wendake (CNHW-b, 2013). This plan, presented
in figure 70, indicates the land use and subdivision of the land built and to be built. It does not offer an
explanation to this effect, but starting from this proposal for their territory, it is possible to deduce
the orientations that the Wendats recommend in terms of development; If one main idea emerges, it
is the desire to promote, above all, members' access to property. It should also be noted that it
endorses the functional separation described in the previous chapter.

To the extent that industrial and institutional areas are fully occupied, land allocated to members is
for residential purposes, zoning regulations (see next section) promise uniformity in residential
areas, and loans to members through the housing program would make it difficult to propose a
project of another nature without public support, the premises of this plan are indeed quite narrow.
Knowing the significant delays necessary for any expansion procedure, the CNHW can thus affirm –
all things being equal – that the PAC constitutes the “community’s development plan for the next two
decades ” (CNHW-b, 2013) , because it informs the Wendat about the number of lots of identical size
that could be allocated each year based on the existing land base.

69
The situation of the James Bay Crees stands out here, because a new mixed legal status was created for Category II and III
lands of the JBNQA by the Agreement on Governance in the Territory of Eeyou Istchee Baie- James , intervened with the
Quebec government in July 2012. See: Cree-Naskapi Commission, 2013.
Figure 69: Community development plan
6.3.3 Zoning By-law
The CNHW has a zoning by-law (RAZ) and a building by-law, respectively under section 81(1) g) and
81(1) h) of the Law on Indians. The RAZ, as mentioned above, is the only land use planning tool
provided for in the Indian Act that is applied in Wendake. Its last amendment dates back to 2007.

The Indian Act stipulates that a RAZ makes it possible to govern, in particular, acquired rights, uses,
permits, administration of regulations and their amendment, signage, landscaping, parking, exterior
appearance constructions, as well as the penalties applicable to breaches of the regulations. In the
case of Wendake, the main elements covered by the RAZ are as follows:

■ Main uses and additional uses authorized;

■ Balconies, galleries, patios, awnings;
■ Display ;
■ Fences and hedges;
■ Parking;
■ Loading and unloading space for vehicles;
■ Development of free spaces on the ground.

In addition to its definition of uses, we note that the RAZ focuses on exterior landscaping by aiming to
harmonize the appearance of properties, in a very similar way with the provisions that a similar
regulation would have in a neighborhood. peri-urban residential: land planting, development of a
driveway entrance, height and types of fences, building coverings, etc. The adoption of such
standardizing criteria is partly due to the real estate context where the type of requests that may
appear is very limited, both for industrial and residential development projects. Let us recall the
paramount importance of the CNHW initiative described in the previous section, a consequence of the
constraints on access to financing and centralized land ownership.

It should be noted in passing that the CNHW can also, unlike a municipality, prohibit a use for the
entire territory, which further strengthens its position vis-à -vis members seeking to obtain a permit.
Another element to note, the questions of nuisances and constraints were present until very recently.
Indeed, the industries deployed in Wendake have generated little nuisance and do not present any
anthropogenic constraints and the Doyon lot is the first to raise the question of natural constraints,
due to the presence of wetlands. This explains why these questions are not excluded by the zoning by-
law.

However, the RAZ recognizes the economic structure of Wendake, where a large number of
residences also offer a commercial or service activity. The by-law therefore authorizes 54
complementary uses in sectors designated as low-density residential. The omnipresence of the house-
workshop during the period of intensive craftsmanship (1850-1950), already mentioned in the
historical portrait of Wendake (5.2.1), finds a kind of continuity in the modern portions of the
community. .

The employment sectors, industrial and commercial/tourist/institutional, are defined and already
fully integrated: commercial and tourist in Old Wendake on boulevard Bastien, commercial and
institutional in the Boulevard de la Faune pole, commercial and community in edge of the industrial
park. It is also planned to propose a new commercial and community center as part of the
development of the Deslauriers-Plante lots.

Specific treatment is reserved for the historic sector. Old Wendake is divided into five categories of
zones, the two main ones being the commercial zone bordering the boulevard Maurice-Bastien
Sarenhes and the "residential and business" zone (RAT) which occupies almost all the rest of the part.
historical. The rest of the sector is occupied by areas of community facilities, consisting of the church
on the one hand, and on the other hand the land bordering the cliff and the Kabir-Kouba waterfall.
The cliff and wooded area overlooking the river constitute a green zone for community use. Finally,
the fifth category is presented in the historic tourist sector and is that of zoning, and corresponds to
two major lots, the first of which houses the Tourist Office and the amphitheater, and the second the
Hotel-museum of the First Nations.
6.3.4 Housing program
One of Wendake's great successes, from the point of view of its impact on the quality of life of its
members, and one of the most important areas of autonomy created by the Wendat government vis-à -
vis the federal government is undoubtedly the establishment of the nation's housing program. Indeed,
the CNHW operates a system of loans for construction, purchase and renovation, which helps to
distinguish Wendake from the situation of certain Aboriginal communities which must manage at
arm's length a housing stock that is mainly rental housing that is insufficient and dilapidated. . These
communities often choose to build as many houses as the annual sums reduced by Ottawa allow, thus
struggling to keep up with the rapid natural increase of their population and remaining at the mercy
of budget revisions each fiscal year. In many cases, this results in many members being kept on a
perpetual waiting list that the community never gets to the end of (MAANDC, 2013) and contributes
to overcrowding in housing and the exodus of living forces from communities outside indigenous
territories.

The CNHW set up in 1970 its program of housing in the corn to offer the possibility to the members of
access to the property on the community. Through an agreement with the Caisse populaire, the
CNHW was initially able to accumulate federal transfers for housing purposes, allowing it to
guarantee the loans of its members wishing to build or acquire a house in Wendake. Over time, taking
advantage of the interest paid on the repayments, Wendake came to set up an independent fund
allowing it to feed the program of loans to members. The income generated by this mortgage portfolio
enables around twenty members per year to take out a fixed-rate loan at 7.5% interest with no initial
down payment, up to a ceiling that is adjusted periodically 70 . Repayment can be spread over 30 years
and offers some advantages over loans from financial institutions, including no penalty for early
repayment.

Beginning in 2008, the CNHW publicized the sources of funding for the housing fund, through the
issuance of bonds by the Native Savings Corporation of Canada (SEDAC). This allowed the fund to
reach $30 million, of which the Huron-Wendat nation holds more than $25 million in equity (CNHW,
2012-c).

70
This cap was set at $205,000 in 2012.
Unquestionably a success from the point of view of its popularity with members and its economic
profitability, praised by MAANDC and other Aboriginal communities as a guarantee of autonomy and
empowerment of members, this funding policy has an important to the population of Wendake, by
allowing access to property. From a development point of view, it has had the effect of reinforcing a
development model centered on the construction of single-family residences.

Indeed, the construction component of the housing policy is closely linked to the allocation of land. As
mentioned previously, the CNHW controls the entire land base of the territory. The Housing and Land
sector of the administration contacts the first 200 members on the waiting list for residential land
applications each April. They have fifteen days to indicate whether they will be able to begin
construction of their residence during the same year. The CNHW then distributes the land available
for that year among the members ready to build, who also have the right to pass if the land offered
does not suit them. Once a land is integrated into a member registered on the waiting list and the
latter accepts the proposed land, he has one month to submit the plans and specifications, an
evaluation of the cost of the work done by a entrepreneur, as well as his request for financing.

The Wendake housing program also offers subsidies drawn from the housing fund within the
framework of two additional components aimed at maintaining the existing built heritage: Low-
income owners in the event of minor and urgent repairs and Improvement program housing, major
repairs and restoration of residential buildings in Old Wendake for the benefit of a Huron-Wendat
owner-occupier .

Finally, it should be noted that less well-off members may also have to build a detached house.
However, they must wait, as is the case in many other Aboriginal communities, for the granting of a
special grant under the On-Reserve Housing Assistance Program (commonly referred to as Section 89)
from DANDC. This program allows the band council to guarantee a loan to a member through the
intervention of the CMHC, thus making it possible to circumvent the exemption from seizure of the
property of an Aboriginal person on reserve stipulated by section 89 of the Indian Act. This is the
same principle put forward in the establishment of the CNHW housing fund, but the entire
construction costs are here
covered by the grant, after which the house is rented out by the council to members awaiting
accommodation. About one house per year in Wendake is built through an agreement under this
program, but some years see up to four or five starts (CNHW-b, 2013).

Although the housing fund also allows loans for the acquisition of existing property and for
renovation, its most important component remains that of construction loans. The vision of access to
property is thus based on the construction of single-family residences on new lots authorized for
construction.

Taken in conjunction with the RAZ, this approach also contributes to the standardization of
architectural proposals by enhancing the reproduction of existing forms and densities, which are
essentially, as we described in section 5.6.2, slight variations on the theme of the single-family
pavilion, suitable for slow population growth and driven by the needs of nuclear families.

Here again, we touch on a contradiction in the system stemming from the Indian Act , which was not
designed to manage the growth of Aboriginal populations and territories, assuming rather their
decline. It should be remembered that the Aboriginal populations cannot receive external population
contributions (except from registered Indians) and that many members leave the communities with
each generation. It follows that only families originating from the community and wishing to remain
there constitute the pool of population for which the MAANDC proposals are designed.

Despite adjustments made over time, this system has never been thoroughly reformed. Various social
programs, including housing assistance, were created by the department in response to the reality of
growing on-reserve populations, but these programs were never delivered within the means of their
advertised ambitions, as in bears witness to the overcrowding that characterizes the native habitat in
the majority of communities (CREPA, 1996).
Moreover, beyond the negation of traditional values and ways of living, the generalized reproduction
of North American peri-urban architectural forms formerly imposed and still encouraged by DANDC
in Aboriginal communities has never
made it possible to accommodate a growing demography generally much more rapidly than the non-
native population.

If this demographic growth did not affect Wendake as much in the past (generally quite close to the
Quebec average, see table 5), the conditions there are being disrupted today by the demographic link
already mentioned, which will perhaps lead to a large influx of new adult members into an aging
population. We can see here the challenge of adapting the housing model and, by extension, the
urbanization of the emerging community.

6.3.5 An implementation tool: the Doyon Approach

The Doyon approach is an implementation tool, presented by its authors as a kind of pilot project for
detailed overall planning. It is similar in some respects to the special urban planning projects (PPU)
provided for by the LAU. This planning exercise provided for architectural types hitherto almost
absent from the Wendake landscape, in particular semi-detached houses and multi-unit condominium
buildings which therefore include a certain densification of housing. This exercise differs from
previous community planning experiences in its genesis, as well as in the enthusiasm it arouses
among CNHW officials.

Until the recent round of land acquisitions, the existing land base of the Wendats allows the CNHW to
consider pursuing similar development over a 20-year horizon, which roughly corresponds to the
interval separating the waves of slow expansion of the reserve since the 1950s. The territorial
addition following the settlement of the 40 arpents affair might have met the same fate, had it not
been for the additional pressure brought about by the expected arrival of hundreds new members,
which increased the waiting list for building plots. This new situation has considered motivating the
CNHW to carry out an overall planning exercise on the lots to be urbanized in order to optimize their
occupation.

Another essential element that allowed the emergence of this comprehensive planning exercise was
the need, as part of the process of adding reserve lands, to produce an environmental characterization
of the lands concerned (CNHW-a, 2013; MANDAC, 2013). This requirement made it possible to
mobilize the work of an additional professional specialized in
environment whose recommendations have gone beyond the mandatory framework and thus
broaden the team's thinking. His proposals subsequently received the development of what is known
as the Doyon Approach, and the addition of the Deslauriers-Plante lands gave him the opportunity to
extend his contract with the CNHW.

At the same time, the potential influx of new members prompted authorities to survey members
about their residential type preferences for the first time. To the great surprise of our respondents, a
significant portion of the members interviewed confirmed that they were interested in multi-unit
condominiums or semi-detached houses, residential types previously absent from the reserve. On the
one hand, it can be seen that the tastes and preferences of the members followed current trends in
off-reserve urban real estate markets, demonstrating in particular an openness to denser residential
types. On the other hand, the presence of many rental subdivisions in the single-family residences of
the community underlines that this many members already lived the reality of multi-family dwellings.
Yet, in the absence of private real estate development, flexibility in housing programs, or pressure
from land values justifying redevelopment (due to the closed real estate market), these preferences
could never be reflected in the ground.

It is also underlined that these expressed preferences emerged in a context where land price is not a
factor; each Wendat family being financially eligible for the housing program can hope, in theory, to
have access to land to build on for free. They also refer to a trend already mentioned by the
typomorphological characterization of Larochelle (2004), which indicated that residential
construction in Wendake had followed the modes and techniques in force in the Quebec region over
time.

Faced with this observation, the CNHW has chosen to launch itself into real estate development and to
exploit this market segment. After having developed an internal environmental management policy
that put in place guidelines for the conservation of fragile environments (50% of the space devoted to
conservation) and proposed good street design practices ( management of runoff water), the CNHW
once again did business with the firm Gaston St-Pierre & Associés, which proposed a development
plan for the Doyon lot sector. This is divided into three development phases, and includes
detached houses, townhouses and a group of apartments intended for condominiums, some of which
71
are low-rent . Although diminished by the ongoing abandonment of multi-dwelling buildings, the
densification proposed in this development project should nevertheless make it possible to increase
the number of dwellings per hectare compared to the surrounding neighborhoods developed in the
years past, and therefore to welcome more members.

6.3.6 The vision of professionals on their practice

The testimony of community stakeholders 72 constitutes here our only direct source of information on
the values and reflections that underlie their planning practice. These professionals alternately
described a practice with largely technical and standardized aspects, consisting, as mentioned above,
of working within the guidelines and criteria of federal government programs.

They remembered that the development of the Doyon batch marked a turning point in their practice.
They thus expressed that in the past, their central concern was to implement the housing policy by
opening up to residential construction as much land as the space allowing them and to formulate
housing and infrastructure needs accordingly. at DANDC. The addition of the Doyon and Deslauriers-
Plante lots, for its part, gave rise to a reflection leading to an overall planning that incorporated other
parameters: preservation of fragile natural environments, response to various needs in terms of
housing, and , in the case of the future Deslauriers-Plante sector, mix of uses and economic
diversification.

In terms of economic development, in addition to major projects involving the participation of the
federal or provincial governments such as that of the First Nations Hotel-Museum, the opportunities
for private investment inside or outside the community have until now been severely constrained by
the fact that the industrial park was full. The professionals interviewed expressed the wish to see the
businesses occupying it eventually move to new land on the Deslauriers-Plante lots, in order to

71
It appears that the condominium block construction project has been put on hold since the original plan, as anticipated demand
has not materialized. It is expected that the land originally targeted by this type of housing will be granted to single-family homes.
(CNHW, 2016).

72
It should be noted that these professionals are the only ones assigned to planning issues and deal at the same time with the
long and complex applications for the addition of reserve lands, which not without reason dominate the political horizon of the
community.
repair the current space of the industrial park for residential purposes, but the organization and
financing of such an operation their parameters complex and unlikely in the short or medium term
(CNHW-b, 2013). The development project for the Deslauriers-Plante sector nevertheless includes the
establishment of a regional arena as well as a commercial portion, which would revolve around a
large-area anchor business. Once the question of space has been made less pressing by the addition of
land, the CNHW therefore intends to put forward its advantageous taxation to encourage foreign
investment (Ibid.).

It should be noted that at no time during the discussions with the CNHW or MAANDC professionals,
did they mention an interest on their part or by members or groups from the Wendat community to
integrate elements from their vision of the traditional world, or mentioned that special importance be
given to the elders of the community in the planning of the territory. As Ken Cossey explains, in some
communities such considerations are part of the inputs into a planning exercise such as a
comprehensive community plan, or some other similar effort designed outside the framework
proposed by the federal (Cossey, 2013). It therefore does not seem to be the lack of leeway that limits
such expressions, but rather a lack of interest, mandate or means in this regard on the part of the
decision-makers in Wendake.

6.4 Findings on development tools and practices

6.4.1 Comparisons with the LAU and the Quebec legal framework
It is appropriate here to highlight certain particularities that appear when we compare the Wendats
with the provisions of the LAU that apply to municipalities; some terms are used in both contexts but
do not necessarily have the same definition or scope. As mentioned, the community development plan
proposes an organization of the territory without developing any arguments supporting the central
choice that animates it: to provide the maximum space for the construction of single-family
residences to promote access members to the property.

For its part, the Wendake RAZ has, to some extent, the scope that an enabling law would have
elsewhere, providing for example for the operation of the Advisory Committee and the derogation
mechanisms. This is to be seen in the context of the Indian Act, which provides this regulatory tool
which is in many cases the only tool for land use planning, and leaves
therefore some leeway for communities to create content in specific areas (see section 6.3.3).

In addition to the possibility already mentioned of prohibiting use throughout the territory, we note
that the RAZ does not mention either the coefficient of occupation of the ground (COS): the members
are simply required to respect the setbacks. The question of density is raised through RFD, RMD and
RHD zoning, respectively low, medium and high density residential 73 .

In a municipality, this level of detail would rather be the responsibility of the urban plan, while the
zoning by-law would qualify the target density more precisely. Wendake's RAZ also does not contain
any mechanisms reserving discretionary power to those in charge of technical services (who issue
74
permits) or to the Council. As there is no space to be built with a zoning other than RFD , any case
where an owner or a possible developer would continue to build another type of dwelling (e.g. with
several housing units, or for mixed use), Any increase in the maximum permitted density would have
to go through the prevention mechanism, which further reinforces the standardizing and centralizing
effects of the land allocation method examined in the previous chapter, as well as the difficulties in
accessing financing.

Wendake's RAZ provides for the creation of an advisory committee responsible for examining
requests for minor exemptions to the zoning by-law. Its role is thus considerably more limited than
that of a town planning advisory committee in a municipality. Moreover, its composition is not
governed or described by the zoning by-law. This is the only instance where popular participation in
the field of development in Wendake is planned. Although the population is called upon to express its
views on political questions from time to time, there is no popular consultation or referendum
mechanism provided for in the regulations for questions relating, for example, to zoning or
modification of use, which is the case under the LAU regime.

73
The RMD zoning is found in Old Wendake, while the RHD covers low-income housing blocks and for the elderly in the institutional
sector.
74
Except in the Doyon and Deslauriers-Plante sectors, which are subject to overall planning and where the CNHW plays the
role of promoter.
The notion of differentiated minor is also to be distinguished between the two legal frameworks. The
LAU provides that minor derogations in terms of zoning are possible, except with regard to the use
and occupation density of the land (LAU, art. 145.1), as long as they respect the objectives of the
management plan. town planning (LAU, art. 145.2). The notion of a minor contained in the Wendake
RAZ has a narrower scope. Article 3.4.1 of the RAZ defines the minor derogation as an “exception
procedure under which the Council may authorize that a minor deviation be granted to an individual
(…) in relation to the application of certain provisions of the regulations zoning (fig. 3.4.2.1 [minimum
lot width: one meter tolerance] and 3.4.2.2 [front setback, one meter tolerance]), except for
prohibited uses which are limited necessarily an amendment to the zoning by-law”.

The regulations in force in Wendake therefore do not lend themselves to the minor dispensation of a
utility as a discretionary tool of general application, but rather that of a guideline in terms of the siting
of buildings. The Advisory Committee in Wendake is therefore only called upon to rule on technical
aspects and thus has very limited power of recommendation, which once again underlines the strong
centralization of decisions in terms of urban development between the hands of the CNHW, as well as
the rigidity resulting from the use of the RAZ as the only beacon of development.

The development plan adopted as part of the development of the Doyon lot provides for the
subdivision and housing densities for each of the sub-sectors: multi-family condominium building,
detached single-family homes and semi-detached single-family homes. It also separates the different
phases of development. Unlike the PPUs provided for by the LAU, however, the development
approach for the Doyon lot therefore does not involve negotiation with other actors (all land
belonging to the public) or consultation of the population. In the same vein, it also differs from the
PAE model, insofar as there is no private owner, and no mechanism is provided for in the event of
disagreement by local residents. Through the construction of multi-family dwellings dedicated to co-
ownership, the Doyon lot project also suggests an opening towards promoting access to property
which would be less closely linked to the construction of single-family residences, thus accepting the
pressure on the Wendake land base. The proposed increase in density also increases the community's
capacity to accommodate the wave of new members.
adults not seeking not necessarily corresponding to the profile of young families traditionally
targeted by single-family homes.

6.4.2 Perceived leeway in planning

One observation that emerges from the discussions with the Wendat officials responsible for
development is that they perceive their leeway in terms of development as being limited. The main
reference cited by local actors in terms of planning and development is the PAC, a plan illustrating the
subdivision and land use. We described in Chapter 4 certain tools supervised by the MAANDC, which
would be likely to increase the possibilities opening up to the Wendat community, such as the
Comprehensive Community Plan, or an agreement made under the environment and reserve lands . Or,
these tools have not been put forward at the present time in Wendake.

Reluctant to adopt land use planning tools promoted by a power that has so limited their rights in the
past, some Aboriginal governments rely on their legitimacy to design planning tools by assuming a
sectoral break with the federal government. Without relating to development, in Wendake, the lease
control tool is an example where the nation has put forward its autonomy despite the approach
required by the federal government (MAANDC, 2013). Local planning tools may thus be inspired, to
one degree or another, by traditional land-use planning practices, as is the case, for example, in
certain communities in British Columbia (see for example Cossey , 2013 & 2014 and Millette, 2011).

In its current state, the RAZ governs the use and development of land and the PAC illustrates the
planning of residential neighborhoods, insofar as the land made available for construction by
members is piecemeal, exclusively in low-density residential areas and that funding constraints limit
the possibility of private redevelopment projects emerging in areas that are already integrated.

Like the PAC, the RAZ implicitly expresses the desire to continue the urban development of Wendake
as it has been practiced since the 1960s. the great compactness
of its buildings, and the modern part comprising mainly single-family houses and presenting a great
segregation of functions, is therefore destined to remain if this tool retains its place and its rigidity.

As formulated, the RAZ confirms the main objective of the federal government in the management of
reserve lands, namely that these lands be used above all for the housing of the natives, advocating for
this purpose housing in individual houses. The lack of leeway perceived by the Wendat planners is
due to the fact that the federal funding allocated to the provision of infrastructure is calculated
according to standards based on the size of the land, thus giving the impression that this financial
contribution to the the reserve should be maximized by making as much land available for
construction as possible annually. However, this practice leads to accelerated consumption of space
as well as significantly higher infrastructure costs, which is to the advantage neither of the Wendats,
whose territorial base is limited, nor of MAANDC, whose budgets are always at the mercy of political
choices.

These findings also point to the articulated role that the external agent called upon to draft the
documents could play. Urban planning expertise also consists of relieving the community that retains
its services of the medium and long-term impacts of the ways of doing things in place, as well as
providing local decision-makers with information on best documented practices, in order to better
support them in the articulation of urban development proposals that emerge from the community,
best reflect the values and aspirations of the members and meet current needs without limiting the
ability to meet future needs.

The testimonies collected during interviews did not identify any particular involvement of the
community, a desire to acquire tools that would seek to translate into the urban space of Wendake a
strategic vision of community development. On the contrary, we propose not only to tend towards
forms, settlements and aesthetics that characterize the surrounding municipalities of the suburbs of
but
Quebec (and North American peri-urban forms in general) of the second half of the 20th century,
also to anchor them by rigid zoning rules which guarantee their reproduction by proposing to stick to
the existing one. The expertise of the firm in question, which also serves other Aboriginal
communities in Quebec, therefore lies largely in its knowledge of the federal laws that
regulate the development of reserves, which are applied in Wendake without the agent or the client
seeking to take advantage of the leeway provided for in the federal legal framework or to create other
tailor-made tools based on Aboriginal sovereignty on the land.

Thus, the framework of MAANDC (funding of infrastructure and housing, process of adding reserve
lands) with all the constraints that it implies, is integrated by the elected officials and civil servants of
the CNHW who, by the place they give to it, giving priority to aspects related to the funding formulas
provided for. In the absence of a mandate to do otherwise, they then implement the minimalist and
standardizing development permitted by the framework of their RAZ.

6.4.3 A centralized and less politicized process

The Council does not have full-time internal resources to develop a planning exercise and has a
limited budget because no federal funds are allocated for this purpose. He generally relies on the
proposals of an outside firm for his development. The terms of the mandates that the civil servants
responsible for development at the CNHW entrust to this firm are therefore the only space where the
preferences of the community regarding the future of its territory could be expressed. These terms,
however, are not the result of popular consultation or community-wide reflection, and are not subject
to debate. According to the Wendat officials interviewed, the planning choices do not constitute a
major electoral issue either (CNHW-a, CNHW-b, 2013).

The choices expressed in the community development plan, in the RAZ or in the Doyon Approach, are
therefore made entirely outside the public sphere, because neither the mandates defined by civil
servants, endorsed by elected officials, then addressed to the external, nor the resulting plans allow
for an expression of member preferences.

The ideas can therefore only be expressed in practice through the civil servants of the CNHW, or
emerge from the agent firm. This reality of the planning process quickly translated into the status quo
already mentioned, in favor of the extensive use of the territory to build as many single-family homes
as possible. In the words of the responsible officials, “ we entered with the bulldozer and we built on
80% of the land ” (CNHW-b, 2013).
It was only once placed in the situation where they had to plan the future of the Doyon lot, a site with
significant ecological constraints, that the CNHW officials had to devise a new approach. This is
characterized by a more acute awareness of the natural environment, which is integrated into the
development, as well as by a more varied and partly denser residential offer. Again, however, it was
outside the public sphere, through CNHW officials that this perspective was developed.

6.4.4 Innovative tools and informal approaches

Faced with the lack of leeway and the rigidity of MAANDC's standards, the Wendat can however base
their response on approaches designed at the local level, parallel to or completely at odds with the
federal legal framework. This decision-making space they create is rooted in their right to self-
determination. The housing program and the lease management system are examples.

These two elements illustrate the desire to acquire innovative tools for the benefit of members. We
could add to this the environmental management policy at the heart of the development of the Doyon
lot and which will also be called upon to oversee the development of the Deslauriers-Plante lots.

As described above, the planning process remains highly centralized in the hands of professionals and
out of public debate, with elected officials sticking mainly to ratification. The experience of the Doyon
Approach is no exception to this point of view either: conceived and put forward by the civil servants
responsible for planning, then endorsed by elected officials, it was essentially born of the sensitivities
of the former in the face of a specific environmental issue (the conservation of wetlands), rather than
being the culmination of a global reflection on the future development of the community.

It nevertheless allows the integration of new terms in the discourse on development, in addition to
bringing new concrete criteria in development projects, in particular by the environmental standards
to which the CNHW does not have to comply legally. , but which he prefers to recognize, even
improve, as good practices. The overall planning of the Deslauriers-Plante sector will use these
criteria, including
integrating for the first time multiple uses and the allocation of a significant portion of land for
economic development purposes.

Since it has not been formalized through community-wide consensus or explicit political will, the
vision currently put forward by these Wendat officials runs a certain risk of not be shared by their
successors or by future political decision-makers, on the one hand, and on the other hand that
members criticize certain aspects of it. Thus, the lack of anchoring in a planning document supported
by the body politic and the members could leave room to reject the approach in whole or in part.

6.4.5 Planning in Wendake and the Colonialist Context of Settlement

At the end of this overview of the urban planning of a long-established Aboriginal community, the
history of the colonial relationship between the federal government and the Aboriginal communities
recounted above can provide us with a historical perspective of great importance. In particular,
MAANDC's original vision of eventually transforming reserve lands into spaces governed and
developed in the manner of municipalities shows great resilience, despite the seemingly significant
adaptations that have taken it from assistantship to ' 'Welfare state, then to the promotion of
economic levers allowing its disengagement.

In Wendake, this desire for lack of differentiation gave rise to political resistance from the outset, but
the CNHW's financial dependence on federal aid programs has accelerated the abandonment of the
last traces of land use planning practices. ancestral Wendates that were still present at the beginning
of the 20th century .

A critical approach to colonialism prevents us from advocating the adoption of a precise method or
tools of territorial planning designed in a cultural and political space outside the community. There is
therefore no question here of deploring that the Wendats do not allow an urban plan inspired more
closely by the provisions of the LAU, or that they do not raise a property tax which will allow them to
improve infrastructure or services offered to members without seeking approval from Ottawa. These
choices belong to the community alone and history shows that it knows how to maintain a vigorous
and constructive political debate within itself.
However, we have shown above how much the development planning process in Wendake is reduced
to its simplest expression, and this not only by preference, but largely because of the legal and
financial framework imposed by the federal government. At the same time, civic participation in
collective choices is a value that also resonates with the consensus-based traditions of Huron-Wendat
politics. This participation of the community in approaches and decisions in terms of land use
planning seems to be absent to date. However, notwithstanding the cultural context in which it
emerges, the corollary of an external planning approach designed by a small team, with no input or
expected accountability, is that its implementation will depend heavily on individuals (in this case,
civil servants and elected officials) in place at the time of its development. This risk is therefore very
present.

Finally, it should be noted that it is through bold decisions, outside the frameworks provided by
MAANDC, that Wendake appropriates significant areas of power in terms of development. The
creation of the housing program, as well as the " non-standard " lease control system are examples of
soft subversion where the community has chosen to establish its own rules, received by the state of
affairs of the decision-making spaces where it affirms its right to self-determination, relevant gestures
from the spectrum of insurgent planning.

The adoption of the Doyon Approach and its more sustainable development model, for their part,
open doors to greater awareness of the various possibilities that the territory of Wendake harbors,
which has the potential to be retained other than as a bank of land waiting to accommodate members'
single-family homes.
7. CONCLUSION: LINES OF THOUGHT FOR THE FUTURE OF DEVELOPMENT IN
WENDAKE

7.1 Reflecting its difference through land use planning

The portrait that we are completing shows the great influence that the paradigm of colonial relations
had and still has on the development of the Aboriginal territory of Wendake. Over the past few
decades, the Wendat have largely ceased to express their otherness through the development of their
territory, the spirit of the " duty of stewardship " fading little by little to make way for a bureaucratic
administration. . As, in another era, the normalization towards the family model advocated by
Catholic missionaries had undermined the social organization of the longhouse, the funding
mechanisms of the federal government accelerated and favored a normalization of the organization of
the indigenous territory. facilitating the exercise of bureaucratic power, we have not limited the hold
on individuals.

But nothing is immune to change. The corollary of the claimed control of colonial power over
Aboriginal identity and individuals is that the awareness of otherness remains strongly rooted, which
is undeniable among the Wendat despite centuries of acculturation in the immediate vicinity of the
non-Aboriginal world, Quebec and French-speaking. They negotiate the complexity of their difference,
juggling with urbanity and traditions from a position that is unique to them, that of ambassadors or
gateway to the indigenous world. The territory for which they are responsible is therefore an
important pivot of this position, both an administrative and service center for the Aboriginal
communities of Quebec and a place of tourism representing the most accessible cultural showcase to
the outside world. The many cultural and political events it hosts are all expressions of this constantly
evolving awareness of otherness.

The return of the system of family chiefs, the revival of pow-wows, the modern manifestations of
traditions that make it part of a network of North American indigenous communities, the patient
recreation of the Wendat language and its teaching in the schools of the nation demonstrate that the
Wendats will gladly draw on traditions to reinterpret and reinvigorate their culture. With the existing
but little used leeway in planning, the growing awareness of the possibilities available to them and
the
context leading to a contribution of land to be developed, the urban territory of the Wendats could
very well also become a place of expression of the specificities of the nation.

Recent examples demonstrate the possible emergence of a new awareness in Wendake of urban
development issues, as well as a desire to take the lead and develop independent responses to
provide members with a more sustainable living environment, denser ways of living which make it
possible to preserve common – or public – spaces and which better correspond to the green
preferences of the members.

For now, however, these are tools that remain fragile, works of professionals and attached to projects
rather than being the result of a real social consensus. They unquestionably indicate a more global
vision of the territory, if only at the political and administrative levels, as well as an interest in being
proactive in relations with neighboring municipalities, which manifests itself, for example, in the
openness to adopt described certain development guidelines – in this case environmental standards –
without being legally subject to them.

Despite the colonial framework that is still present, the Wendats have also created and continue to
create certain development tools that present their difference. In this sense, tools already in place
such as the advisory committee or the Council of Elders could be called upon to play a more
substantial role in allowing members to discuss planning issues with professionals.

7.2 New avenues for decolonizing the urban development of Aboriginal communities?

In recent years, an observation has emerged at the Department of Native Affairs, which has
recognized that after a decade of budget cuts and disengagement, it had every interest in letting the
First Nations acquire substantial economic levers. To name just one, the new version of the Policy for
Adding Reserve Land , which is currently under review, proposes to facilitate the addition not only of
contiguous lands to the reserve, but also the creation of satellite reserves. in municipal urban areas
for economic development purposes. This is a provision that has existed for more than 25 years in
Saskatchewan, and which has made it possible to measure the beneficial effects there on the standard
of living of
participating communities.

Also, as the process involves negotiations with the municipalities/province, this forum has the
potential to jointly build a vision of the shared territory, where the interests of natives and non-
natives could develop in parallel, which could decolonize, part, the relations between the two groups.
Recognizing the often complex neighborhood issues that exist between Aboriginal communities and
municipalities, the Federation of Canadian Municipalities also offers programs aimed at creating
partnerships for the sharing of infrastructure and for joint economic development initiatives between
its members and indigenous communities.

Be that as it may, increased flexibility in terms of economic development and the addition of land
would perhaps be of greater use to urban Aboriginal communities such as Wendake, for whom the
price of land available for acquisition represents a considerable barrier, which pleads in favor of
developing the full potential of the land acquired. In this respect, questions of harmonization of
regulations and orientations between urban reserves, their municipal neighbors and the regional
groups of which they are part (MRC or Metropolitan Community) remain fertile fields for research.

Finally, it would be interesting to explore, by way of comparison, the planning practices and tools in
force in a remote community, or in a community where traditionalist or militant groups occupy an
important political place (such as the Kanienke communities). hà ), because they tend to articulate the
stakes of colonialism on their territories in a different way from that of Wendake.

Certainly, the dialogue must continue and deepen if it is to establish a space where colonial dynamics
can eventually be overcome and achieve mutual respect and understanding.
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CNHW (2013-b) Interview conducted with two stakeholders from the Conseil de la nation huronne-wendate, Thursday,
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APPENDICES

Annex 1: Ethics approval certificate

Annex 2: Letter of prior agreement with the community
Annex 3: Cover letter of the research project for the participants
Annex 4: Interview questionnaires
Appendix 5: The Murray Treaty of 1759

Source: Beaulieu, 2000

Appendix 6: Location of Aboriginal communities in Quebec

Source: MRNF, 1998

Annex 7: The concept of indigenous peoples (UNPFII, 2004)