1986 Report
|
|
---|---|
Chapter 1 : |
Introduction: Background to the report |
Chapter 2 : |
The Cree-Naskapi (of Quebec) Act: An Overview |
Chapter 3 : |
Implementation of the Act: The Development of Cree-Naskapi Governments |
Chapter 4 : |
Implementation of the Act: Fiscal Relations |
Chapter 5 : |
Implementation of the Act: Bilateral Relations |
Chapter 6 : |
Conclusions |
|
|
|
|
|
|
|
|
Appendix B
|
|
EndNotesCHAPTER 1: INTRODUCTION: BACKGROUND TO THE REPORT1.S.C. 1984, c. 46.2.Canada, Quebec, The James Bay and Northern Quebec Agreement (Quebec: Editeur officiel du Quebec, 1976). 3.S.C. 1912, c. 45. 4.Kanatewat, v. James Bay Development Corporation, [1974] R.P. 38 (Quebec Superior Court) 5.Kanatewat v. James Bay Development Corporation, [1975] C.A. 166. 6.The James Bay and Northern Quebec Agreement was given statutory effect federally by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32. Its provincial approval was by An Act approving the Agreement concerning James Bay and Northern Quebec, Statutes of Quebec, 1976, c. 46. The Northeastern Quebec Agreement was given statutory effect federally by Order in Council of February 23, 1978, P.C. 1978-502. Provincial approval was by An Act approving the Northeastern Quebec Agreement, Statutes of Quebec, 1978, c. 98. 7.These figures for the Cree and Inuit represent the estimated population prior to the James Bay and Northern Quebec Agreement. The estimated population for Cree and Inuit, at the time of this report, is 9,865 and 6,068 respectively. 8.The James Bay and Northern Quebec Agreement s. 4 and s. 5. For a summary of the land regime, see John Ciaccia, "Philosophy of the Agreement," reprinted in the Editeur Officiel du Quebec edition of the Agreement, pp. xvii - xix. 9.The Northeastern Quebec Agreement, s. 4.4 and s. 5. 10.The Constitution Act, 1982, as amended by the Constitution Amendment Proclamation, 1983. 11.The Cree-Naskapi (of Quebec) Act, s.12 and s. 14. 12.R.S.C. 1970, c. I6. 13."The Cree-Naskapi Commission, Special Hearings on Implementation of the Cree-Naskapi (of Quebec) Act, Hull, Quebec, October 28-30, 1986" (hereafter cited as "Hearings," followed by the date, name of the presenter, and the page number). 14."Hearings," October 30, 1986, the Department of Indian and Northern Affairs, p. 23. 15."Hearings," October 30, 1986, the James Bay Crees, p. 65. 16."Hearings,~ October 30, 1986, the Department of Indian and Northern Affairs, p. 6. 17.Ibid., p. 5. CHAPTER 2: THE Cree-Naskapi (OF QUEBEC) ACT: AN OVERVIEW1.Canada, Parliament, House of Commons, Special Committee on Indian Self-Government, Indian Self-Government in Canada: Report of the Special Committee (Ottawa, Queens Printer 1983).2."Hearings" October 29, 1986, the Waskaganish Band, p. 4. CHAPTER 3: IMPLEMENTATION OF THE ACT: THE DEVELOPMENT OF Cree-Naskapi GOVERNMENTS1.Chisasibi Band v. Barbara Chewanish, (1984), Quebec Provincial Court, District of Abitibi, No. 640-27-000099-842, (unreported).2."Hearings," October 28, 1986, the Naskapi Band, p. 22. 3."Hearings," October 30, 1986, the Nemaska Band, p. 133. 4.Ibid., p. 132. 5."Hearings," October 28, 1986, the Naskapi Band, p. 23. 6.Ibid, p. 24 and p. 29. 7."Hearings," October 30, 1986, the Nemaska Band, pp. 130-131. 8."Hearings," October 29, 1986, the Waswanipi Band, p. 65. 9.Ibid., p. 72. 10.For example: "Hearings," October 28, 1986, the Naskapi Band, p. 28 and "Hearings,n October 29, 1986, the Waskaganish Band, p. 13 and p.31. 11."Hearings," October 29, 1986, the Mistassini Band, pp. 18-19 and p. 47. 12.Ibid., p.30; also, "Hearings," October 28, 1986, the Naskapi Band, p. 28 and pp. 35-36. 13."Hearings," October 29, 1986, the Mistassini Band, p. 30. 14."Hearings," October 29, 1986, the Waswanipi Band, p. 73; also "Hearings," October 29, 1986, the Oujoe-Bougoumou Band, p. 102. 15."Hearings," October 29, 1986, the Waswanipi Band, p. 73. 16."Hearings," October 30,1986, the Department of Indian and Northern Affairs, pp. 7-10. 17."Hearings," October 29, 1986, the Ouje-Bougoumou Band, pp. 101-103. CHAPTER 4: IMPLEMENTATION OF THE ACT: FISCAL RELATIONS1."Hearings," October 29, 1986, the Great Whale Band, p. 90.2.The Department of Indian and Northern Affairs, "Presentation to the Cree-Naskapi Comrnission by the Department of Indian and Northern Affairs on the Implementation of the CreeNaskapi Act," in "Statements made to the Cree-Naskapi Commission, Special Hearings on the Implementation of the Cree-Naskapi (of Quebec) Act, October 28-29-30, 1986, Hull, Quebec," p. 16. 3.Canada, Parliament, House of Commons, Report on the Implementation of the James Bay and Northern Quebec Native Claims Settlement Act, Sessional Paper 321-1/438, November 18, 1980, p. 2. 4.Canada, Parliament, House of Commons, "Reply of the Grand Council of the Crees (of Quebec) to the Report on the Implementation of the James Bay and Northern Quebec Native Claims Settlement Act," Session 33-1A18A1, Reference No. J10347, March 26, 1981, p. 3. 5.Canada, Department of Indian Affairs and Northern Development, James Bay and Northern Quebec Implementation Review, Catalogue No. 32-60/ 1982E, February, 1982. 6."Hearings,n October 28, 1986, the Naskapi Band, pp. 26-27. 7.Ibid., pp. 27-28. 8."Hearings,n October 29, 1986, the Waswanipi Band, pp. 71-76. 9."Hearings," October 30, 1986, the Nemaska Band, pp. 135-138. 10."Hearings," October 29, 1986, the Mistassini Band, pp. 22-25. 11."Hearings," October 29, 1986, the Great Whale Band, pp. 87-90. 12."The Statement of Understanding of Principal Points Agreed to by the Cree-Naskapi (of Quebec) Act Implementation Working Group," (hereafter cited as "Statement," with page references to the copy included below as Appendix A). 13.Canada, Parliament, House of Commons, House of Commons Debates (Ottawa: Queen's Printer,1984), June 8, 1984, p.4496. 14.Canada, House of Commons, Special Committee on Indian Self-Government, Indian Self-Government in Canada: Report of the Special Committee (Ottawa, Queens Printer 1983), p. 81. 15."Hearings," October 30,1986, the Department of Indian and Northern Affairs, p. 24. See also, p. 19. 16.Letter from Mr. Bill McKnight, Minister of Indian Affairs and Northern Development, to Grand Chief Ted Moses, dated October 23, 1986, copy on file with the Cree-Naskapi Commission. 17."Statement," p. iii 18."Hearings," October 30, 1986, Exhibit 14, letter from Mr. John Munro, Minister of Indian Affairs and Northern Development, to Mr. Billy Diamond, dated June 7, 1984. 19."Hearings," October 30, 1986, Exhibit 17, letter from Mr. Rem Westland to Mr. Norman D. Hawkins, dated September 20, 1985. 20."Statement," p. v 21.Ibid., p. iv 22.Ibid., p. vii 23.Grand Council of the Crees (of Quebec), "Four Year Financial Review of the Federal Operating Subsidy, 1985-89: Analysis of Shortfall," November 11, 1986, copy on file with the Cree-Naskapi Commission. 24.According to the 1985-86 audited statements of the eight Cree bands and the Naskapi Band, 87% of their accumulated expenditures are financed by the annual federal subsidy. 25."Statement," p. v 26.Ibid., p. vi,, 27.Letter from Mr. Philip Awashish to Mr. John Munro, dated May 3, 1984, copy on file with the Cree-Naskapi Commission. 28.Letter from Mr. John Munro, Minister of Indian Affairs and Northern Development, to Mr. Billy Diamond, dated May 31,1984, copy on file with Cree-Naskapi Commission; "Hearings," October 30, 1986, Exhibit 14, letter from Mr. John Munro, Minister of Indian Affairs and Northern Development, to Mr. Billy Diamond, dated June 7, 1984. 29.Canada, Treasury Board of Canada, Minutes of the Tre~sury Board, 794932/794936, August 1, 1984. 30.In fact, the actual total amount of the cheques was less than the $19.M approved for fiscal year 1984-85, because adjustments had to be made to account for funds which had been already released to the Bands and to the Grand Council of the Crees (of Quebec) for the period April 1 to June 30, 1984. See also Appendix B of this report. 31."Hearings," October 30, 1986, the Department of Indian and Northern Affairs, pp. 11-12. 32.Ibid., p. 14. 33.Ibid., p. 16. CHAPTER 5: IMPLEMENTATION OF THE ACT: BILATERAL REALTIONS1."Hearings," October 28, 1986, the Naskapi Band, p. 29.2. Ibid. 3."Hearings," October 29, 1986, the Ouje-Bougoumou Band, pp. 98-9. 4.Canada, Parliament, House of Commons, Standing Committee on Indian Affairs and Northern Development, Minutes of Proceedings and Evidence, First Session of the Thirty-second Parliament, Issue 51, December3,1985,p.19. 5.Canada, Auditor General of Canada, Report of the Auditor General of Canada to the House of Commons: Fiscal Year Ended, March 31, 1986, paragraph 11.107. 6."Hearings," October 30, 1986, the James Bay Cree, pp. 99-100. 7.Letter from Mr. David Crombie, Minister of Indian Affairs and Northern Development, to Grand Chief Ted Moses, dated June 27, 1986, copy on file with the Cree-Naskapi Commission. 8."Hearings," October 30, 1986, the Department of Indian and Northern Affairs, pp. 34-35. 9."Hearings," October 30, 1986, the Department of Indian andNorthern Affairs, p. 32. 10."Hearings," October 30, 1986, the James Bay Cree, pp. 101-103. 11.Canada, Department of Indian and Northern Affairs, "Parameters, Principles, Objectives and Framework for Mediating Negotiations of the James Bay and Northern Quebec Agreement," clause C., Framework, (c), (ii), attached to a letter from Mr. Rem C. Westland, Director, Northern Quebec Claims Implementation Secretariat, to Mr. James O'Reilly, Counsel for the Grand Council of the Crees (of Quebec), dated June 17, 1986. 12."Hearings," October 30, 1986, the James Bay Cree, p. 59. 13.Canada, Department of Indian and Northern Affairs, "Remarks by the Department of Indian and Northern Affairs on the Presentation by the James Bay Crees' on 30 October 1986 to the Cree-Naskapi Commission Special Hearings," attached to a letter from Mr. Richard Van Loon, Assistant Deputy Minister, Self-government to The Honourable Mr. Justice Rejean Paul, Chairman, Cree-Naskapi Commission, dated November 19, 1986. 14.Canada, Department of Indian Affairs and Northern Development, James Bay and Northern Quebec Implementation Review, Catalogue No. 32-60/ 1982E, February, 1982, p. 101. 15.Canada, Auditor General of Canada, Report of the Auditor General of Canada to the House of Commons. Fiscal Year Ended, March 31, 1986, paragraphs 11.108 - 11.109. 16."Hearings," October 29, 1986, the Waswanipi Band, p. 70. 17."Hearings," October 28, 1986, the Naskapi Band, p. 30. 18.The Constitution Act, 1982, s. 35, as amended by the Constitution Amendment Proclamation, 1983. 19.Canada, Department of Indian Affairs and Northern Development, James Bay and Northern Quebec Implementation Review, Catalogue No. 32-60/ 1982E, February, 1982, p. 103. 20.Ibid., p. 13. CHAPTER 6: CONCLUSIONS1. Guerin v. The Queen, [1984] 2 S.C.R. 335, at 389. |