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Abstract
To date, the debate concerning the aboriginal and treaty rights of the aboriginal peoples of Québec has focussed primarily on the assertion of the territorial integrity of Québec on the one hand, and the assertion that those rights can prevent secession or force partition, on the other.
Understanding the historical and contemporary relationship between aboriginal peoples and the governments of Canada and Québec is necessary if a rapprochement between these adversarial positions is to be achieved.
This paper explores the legal and historical basis of aboriginal rights, focussing on self-government and the fiduciary relationship between aboriginal peoples and the Crown. It discusses international law principles under which Québec will seek recognition as an independent state and the relevance of aboriginal rights to that recognition. Finally, it urges that the current debate provides an opportunity to establish a new partnership between Québec and aboriginal peoples, to their mutual benefit.