Quebec’s Magpie River being granted legal personhood status:
In a Canadian first, Quebec’s Magpie River was granted legal personhood in February 2022, formally recognizing the river as a living entity with enforceable legal rights. The river, located about 300 kilometers northeast of Quebec City, flows through the rural Municipality of Whitworth in the Côte-Nord administrative region.
The landmark designation, which came after years of effort by the local Métis community, empowers the Magpie River with legal standing that allows it to be represented in court. This means the river now has legally enforceable rights, powers, liabilities and duties just like a person.
Specifically, the river has been granted a suite of environmental rights meant to help safeguard the health of the waterway for future generations. These can now be upheld in court if challenged, with the Métis community serving as legal guardians acting in the river’s best interests.
“We’re trying to change the way people see nature, as something that has rights,” said Jean-Charles Piétacho, chief of the Minganie Métis community that led the push for legal personhood. “It lives, it has always lived, it has rights and has always had rights, but we have to specify what those rights are.”
The concept of granting legal personhood — often called “rights of nature” — aims to legally redefine humans’ relationship to the natural environment by acknowledging that rivers, forests and other ecosystems have inherent interests and certain inalienable rights.
The designation marks a major milestone in Canadian environmental law. While other countries like New Zealand, India and the U.S. have recognized the legal rights of rivers and landscapes before, Magpie River is the first example of this new paradigm being formally adopted in Canada.
Legal experts say the case could set an influential precedent. “This is a huge step forward,” said Yenny Vega Cardenas of the International Observatory on the Rights of Nature. “It validates that these rights of nature ideas that have been spreading around the world have force in Canada as well.”
Guardianship and Representation As the river’s formal guardians, the Métis will now be responsible for legally defending its interests and rights. They have the authority to launch litigation on the Magpie’s behalf if new projects, infrastructure development or resource extraction threaten to pollute the water or harm surrounding ecosystems that sustain wildlife.
“The whole goal is to have the highest form of protection for the river,” Piétacho said.
Additionally, the regional municipality and the Minganie Métis have signed what they call a “collaboration agreement” to safeguard the river together. It means the Métis guardians have a direct seat at the table for local decision-making that impacts the Magpie.
The groups say one of their first priorities is formally mapping out the vast Magpie River watershed – which spans numerous lakes, streams, forests and wetlands – and taking inventory of all plant and animal species living throughout it.
Hopes for More Rights Recognition Leaders of the campaign hope Magpie River’s new designation spurs broader recognition of nature’s legal rights across Canada. There is already enthusiasm amongst First Nations leaders and environmental lawyers, they say.
“I’m getting emails and calls from across the country from other First Nation leaders and indigenous communities wanting to provide personhood status to lakes, rivers and forests in their area,” said Piétacho. “I think you’ll see this start mushrooming across Canada.”
There is no timeline yet for when another river or landscape in Canada might achieve legal rights next. But Magpie River’s guardians are adamant that nature’s legal personhood is here to stay as awareness continues to spread.
