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Richard Saunders, Chairman
Philip Awashish, Commissioner

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George Guanish (Naskapi)
Bill Jancewicz (Naskapi)
Louise Blacksmith (Cree)

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Alexander Vlad (cover)
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Cree-Naskapi Commission
Ottawa, Ontario K1P 5V9
telephone: 613-234-4288
facsimile: 613-234-8102
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ACKNOWLEDGEMENTS

The 2014 Report of the Cree-Naskapi Commission is the result of the contributions of the Cree, Naskapi and Canadian governments, individuals and organizations. The Cree Trappers’ Association also made a unique presentation. Elders, Chiefs, youth representatives and other community members all provided valuable input during our Special Implementation Hearings held in Montreal on February 10, 11 and 12 and, in Ottawa, on June 5, 2014. Additional input was provided in written presentations. In addition to formal hearings on implementation, the Commission has looked into numerous representations filed under section 165. (1) (b) of the Cree-Naskapi (of Quebec) Act and these have frequently provided insights into implementation issues. Finally extensive informal discussions, with those involved with or impacted by the Act, have also been useful. All of these contributions have made this report possible and the Commissioners thank all the individuals and institutions who have shared their experience, knowledge and perspectives.
The Department of Aboriginal Affairs and Northern Development also provided specific responses to recommendations from our 2012 Report which had been addressed to Canada. We thank them for that.
In terms of follow up to our 2012 Report, the House of Commons Standing Committee on Aboriginal Affairs and Northern Development heard presentations from the Commissioners on May 15, 2014. We thank them for the opportunity to bring some of the important issues and concerns to their attention.
Finally, the Commissioners would like to thank our staff for their dedication, expertise and hard work. Their efforts not only make this report a reality, but also make all of the work of the Commission possible. A heartfelt “thank you” to Brian Shawana, Sandra Masson and Yvette Yende.

TABLE OF CONTENTS

Message from the Chairman .....................................3

Chapter 1:

Chapter 2:

Chapter 3:

Chapter 4:

Chapter 5:

Chapter 6:

Chapter 7:

Message from the Chairman

2014 is the 30th anniversary of the Cree-Naskapi (of Quebec) Act which is the first modern-day self-government legislation in Canada. Notable also is that 2013 was the 250th anniversary of the Royal Proclamation of 1763 which was the first formal recognition by the Crown that First Nations were self-governing. So now is a good time for the Cree-Naskapi Commission not only to report on various implementation matters that have arisen or continued since our last (2012) report but also to reflect upon some of the broader and longer-term issues from the perspective of our experience of more than 28 years.

Implementation Issues Addressed

The implementation issues considered in the following chapters include an analysis and recommendations regarding:

• the need for further amendments to the Act to address issues such as the requirements for referenda and quorums which impede the optimal functioning of local Cree and Naskapi governments in dealing efficiently with such matters as routine long-term borrowing etc., the long-standing desire of the Naskapi to be able to use the issuance of tickets to deal with certain by-law infractions and other amendments to improve local government efficiency;
• the increasingly urgent need to address the housing backlog and shortages, which exist in all the communities, to ensure that adequate and affordable shelter is available to all;
• the need to address infrastructure shortfalls in the Naskapi and most of the Cree communities;
• the need to ensure that traditional values and pursuits are protected and evolve only in accordance with the wishes of the Cree and Naskapi peoples rather than changing as unintended consequences of economic development, and outside pressures; and
• specific issues and concerns of individual communities.

Some Broader, Longer-term Issues Facing the Cree and Naskapi

The Special Implementation Hearings which were held by the Commission in preparation for this report along with the numerous “representations” filed under section 165. (1) (b) of the Act and other less formal discussions have led the Commissioners to think about some of the overarching policy ideas which may need to be considered by the Cree, Naskapi and federal governments as they plan for the future.

The Commissioners have observed a tendency by government in negotiations (and re-negotiations) across the country to contain, minimize and retrench the rights of First Nations which have achieved recognition and enforceability through constitutional change, court decisions and long and difficult negotiation. The current period of evolution of Cree and Naskapi governance calls for consolidation of progress achieved and strong assertion of needs and interests yet to be addressed. Thus far the Cree and Naskapi have been diligent in consolidating their achievements as well as vigilant and firm in defending their rights and protecting their interests. Future generations of Cree and Naskapi leaders will vigorously continue that tradition.

The ongoing pressures from the federal government for First Nations to rely increasingly upon “own-source revenues” is unrelenting. At times it appears to be little more than a rationale for spending cuts in areas that are already under-funded. At other times it is seen as an attempt to retrench or even repudiate clear obligations under Treaties and Agreements. The Treaties and Agreements create what the Supreme Court has called “enforceable obligations”1 and backtracking on these cannot be accepted. There is, however, a positive side to the increased emphasis on “own-source” funding: it offers an opportunity to lessen dependence on unreliable discretionary funding from government. However, if this is to become a truly positive opportunity, it is essential that First Nations recover their right to benefit fully from the lands and resources of their traditional territories. In the case of the Cree and Naskapi Nations, those lands and resources are valuable and extensive. Receiving their fair share of the revenues and direct economic benefits available from those lands and resources would reduce or eliminate the need for “discretionary funding” from outside governments. It is important to note that “discretionary” funding does not and must not include treaty obligations or programs and services available to all First Nations, all Canadians or all Quebec residents. Perhaps the most insightful statement of these ideas was that of the Royal Commission on Aboriginal Peoples (RCAP), which said:

This approach would, in most cases, be worth pursuing for First Nations living in the north or other areas where their traditional territories are largely “Crown land”. In the south and other areas where most lands are occupied by third parties, alternative ways of benefitting from the use of those lands would need to be identified. Fees for Crown uses, land transfer tax sharing, the purchase of “willing seller” lands and many other possibilities could be explored.

The Commissioners believe that the recent arrangements concerning governance on, and jurisdiction over, Category II lands as well as the Eeyou Marine Region Agreement are strong and positive steps in regard to the control and benefit of lands and resources within Eeyou Istchee. We also think that a next step in the evolution of appropriate Cree and Naskapi governance and “own-source revenue” is for Category IA and IA-N lands to be merged with Category II and IIN lands. Clearly there are a great many issues, including the underlying federal and provincial interests, which would need to be resolved. Nevertheless, the Commissioners believe that if RCAP’s two ideas cited above are to address the long-term needs of First Nations for identity, jurisdiction and especially economic self-sufficiency, steps must be taken now in relation to traditional lands and their resources. If this path is taken, there is some urgency that it be taken soon before more and more third party interests become established. Arguably the Cree and the Naskapi are better placed than most other First Nations in Canada to take the lead in this area.

Relevance to Negotiations and Implementation Elsewhere

The provisions of the James Bay and Northern Quebec Agreement(JBNQA) and the Northeastern Quebec Agreement (NEQA) are guaranteed by virtue of the fact that they are covered by section 35 of the Constitution Act, 1982. Other First Nations across Canada should consider seriously the importance of this protection for their own Agreements. The governance powers of the Cree and Naskapi governments have two strong

foundations: the inherent right of self-government, which is an integral element of the Aboriginal rights recognized and affirmed in the Constitution, as well as the equally protected Agreements themselves. The Agreements explicitly obligated Canada to enact governance legislation. The JBNQA provides:

“9.0.1 Subject to all other provisions of the Agreement, there shall be recommended to Parliament special legislation concerning local government for the James Bay Crees on Category IA lands allocated to them”

A similar undertaking was made for the Naskapi in section 7 of the NEQA.

The resulting legislation, the Cree-Naskapi (of Quebec) Act, was negotiated with the Cree and Naskapi, passed by Parliament and came into effect on June 14, 1984. Among other things, this Act replaced the Indian Act for virtually all purposes for the Cree and Naskapi.

In the opinion of the Commissioners, other First Nations involved in negotiations should seriously consider demanding that their Agreements not only be constitutionally protected by section 35, but also that their self-government legislation be explicitly required by those Agreements.

Another area of concern in the current negotiations is the insistence by Canada that First Nations explicitly agree to include in their Agreements clauses, which usually say, “The Canadian Charter of Rights and Freedoms applies to the First Nation Government in respect of all matters within its authority.” and “This Agreement does not alter the Constitution of Canada including sections 25 and 35 of the Constitution”.5 There is no parallel statement that sections 25 and 35 apply to the federal and provincial governments in respect of all matters within their authority. Why the double standard?

One of the most fundamental aspects of the rule of law is that all governments must comply fully with the entire Constitution as interpreted by the courts. Stating that a particular part of the Constitution applies specifically to a First Nation is either extreme condescension or is based upon some other motive. If we eliminate condescension as a motive, the remaining possibility could be future legal implications of including Charter compliance language in the agreements. In this scenario, if some future First Nation law were challenged as incompatible with the Charter, the meaning and intent of the Charter compliance undertaking could be critical. The clause could be especially important because it had been negotiated, accepted and ratified by the First Nation.

Interestingly, the Royal Commission on Aboriginal Peoples may have foreseen exactly this sort of dispute. In its 1986 report, RCAP said:

“Conflict could arise, for example, between Aboriginal and treaty rights on one hand and the Charter on the other. Section 25 of the Constitution Act, 1982 allows for a flexible interpretation of the Charter that, in effect, gives primacy to Aboriginal and treaty rights.”6

It may be the case that Canada, in anticipation of future litigation, feared that the courts would interpret the effect of section 25 exactly as RCAP had done. Canada’s insistence on the inclusion of Charter compliance language may be an attempt to pre-empt this eventuality.

In the normal course of events, the courts would resolve conflicts by carefully balancing the seemingly conflicting constitutional provisions. Balancing rights and interests was, for example, an important part of the Delgamuukw7 decision. Conceivably, the Crown might argue that the explicit, negotiated agreement by the First Nation to comply specifically with the Charter while not negotiating any special reference to the Crown’s compliance with sections 25 and 35 should be considered by the court in balancing Aboriginal and treaty rights with Charter rights. This might tip the balance against the position of the First Nation.

The Cree-Naskapi Commission’s Present Role and Mandate

The Cree-Naskapi Commission has now been in operation for 28 years. The lessons learned over that period of time, combined with the current discussions about the evolution of the Cree Nation Government and the present needs of the Naskapi Nation, suggest that now is an appropriate time to look at the mandate and role of the Commission with a view to the future.

The Cree-Naskapi Commission was created by the Cree-Naskapi (of Quebec) Act of 1984 which spelled out its mandate. That mandate consists of two main responsibilities: reporting to the Minister and Parliament on the implementation of the Act, and investigating representations submitted to it. Section 165 of the Act states:

“165. (1) The Commission shall (a) prepare biennial reports on the implementation of this Act, in accordance with subsection 171. (1); and (b) except as provided by subsections (2) and (3), investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act.”

Although there have been varying opinions and some disagreement on the extent of its mandate, the Commission has always been of the opinion that its responsibilities included monitoring not only the implementation of the Act itself but also of the Agreements and considering representations arising from the Agreements. There are four main reasons for this opinion. These include: 1) the provisions of the Act itself; 2) the expectations of the communities; 3) the (recent) opinion of Canada and, 4) the absence of practical alternatives.

In terms of the provisions of the Act itself, section 21, subsection (j) is specific. It reads as follows:

“21. The objects of a band are (j) to exercise the powers and carry out the duties conferred or imposed on the band... by the Agreements.”

In the opinion of the Commission, this provision requires it to consider any representation filed under section 165. (1) (b) concerning matters arising out of section 21 (j) in the same way as any other representation.

Possible Future Role and Mandate of the Commission

As the Cree Nation Government, the Naskapi Nation of Kawawachikamach and Canada consider the future role and mandate of the Cree-Naskapi Commission, we are offering, for consideration, a few observations based upon our experience with the present legislation since 1986.

In our view the value of the Cree-Naskapi Commission lies as much in its limitations as in its powers – as much in its small size and limited budget as in its independence and jurisdiction.

Most readers are familiar with the Commission’s existing mandate to report to Parliament every second year on implementation and to investigate representations submitted to it.

The legislated requirement to report via the Minister to Parliament is in reality the almost unfettered ability for an independent body to make recommendations relating to implementation issues, based largely on community input, and to shine the light of public disclosure on any matter which may benefit from being on the public record. The Standing Orders of both the House of Commons and the Senate provide that reports which are required by law to be tabled shall be automatically referred to the appropriate Standing Committee. We believe that this mandate to report is essential and that it should continue.

The statutory requirement to report not only in English and French but also in Cree and Naskapi is unique in Canada. It is the only official reporting process that, as a matter of law, must be in an Aboriginal language. This may seem to be of limited practical importance but it is a matter of considerable symbolic importance. Cree and Naskapi may not be “official” languages but they are legislatively recognized languages and their use is required for an official purpose. The Cree-Naskapi (of Quebec) Act thereby recognizes two of the languages of Canada’s Aboriginal peoples and accords them the respect which they deserve. Many other First Nations leaders have expressed surprise and satisfaction after learning of this provision in the Act. At the moment it is a valuable precedent and should remain part of any amended version of the Act.

The requirement in the Act that the Commission must investigate representations submitted to it provides an opportunity for individuals and institutions to raise concerns and complaints without recourse to the courts with all of the expense, formalities and often ill will which that entails. In these matters the Commission conducts an investigation in a non-adversarial process, makes findings, and draws conclusions. As a final step it makes recommendations not binding decisions.

In the course of an investigation the Commission may request that individuals or institutions provide information but they are under no obligation to do so. The Commission has no power of subpoena. All information is provided on a voluntary basis.

Looking at this picture, one might be tempted to assume that the Commission’s lack of powers would severely limit its capacity to resolve conflicts or address problems. In fact, in the 28-year history of the Commission, there have been only two instances of refusal to cooperate and one was quickly rectified by the intervention of the Chief concerned. The other case involved a federal official. Insofar as the recommendations arising out of our investigations are concerned, they have been accepted by the parties in almost every case.

If the Commission had the power to make binding decisions, we would certainly need legal advice prior to almost every decision and the decisions could be challenged in the courts. We would also need the capacity to secure enforcement of those decisions. If we had the power of subpoena, there would be periodic efforts to have them quashed to which the Commission would need to respond. In any case, the power to make binding, enforceable decisions, to issue subpoenas, etc., would entail more full-time staff, more legal costs and at least some of the ill will that flows from adversarial processes. In our view these processes are better handled by the courts.

The strength of the Cree-Naskapi Commission, as an independent body, lies in its ability to persuade and in the willingness of the Cree, the Naskapi and Canada to be persuaded. The relatively informality of our processes helps to maintain this ability.

The Commission with its existing duties and powers is a small and cost-effective agency shared by the Cree Nation of Eeyou Istchee and the Naskapi Nation of Kawawachikamach.

Considering how the Commission’s powers and duties have worked out in practice during the past 28 years, we see no need for more powers. As Lord Acton said so many years ago, “Power corrupts, absolute power corrupts absolutely.” We agree and we suggest that, apart from some minor changes, such as terms of office, the sections of the Cree-Naskapi (of Quebec) Act dealing with powers and duties of the Commission be left as they are.

Addendum

In order to meet the deadline for submission of this report and to allow time for the English edition to be translated into French, Cree and Naskapi as required by the Act, the Commissioners begin the final draft immediately following the Special Implementation Hearings in February of each reporting year. In the case of this (2014) report, it was necessary for the Grand Council of the Crees (Eeyou Istchee) to delay their presentation on some major issues until June 5, 2014. Most of the matters which they raised have been addressed in the main body of this Report. Some, however, are of such urgent significance that I believe additional discussion of them must be added to this introductory section of the report as well. What follows are a few comments and observations based upon the June 5, 2014 presentation of the Grand Council of the Crees (Eeyou Istchee) and related documents and correspondence.

At the Hearing held on June 5, 2014, the Crees reported that the Cree-Canada Governance Negotiations provided for in the Cree-Canada New Relationship Agreement 2008 (NRA) had reached an impasse. Their presentation states that:

“The main reason for the impasse is Canada’s insistence on the application of its Self-Government Policy in these negotiations.”

The presentation also points out that:

“ …these negotiations were intended to implement the Federal NRA and they were never intended as self-government negotiations under Canada’s Self-Government Policy.”15 “In fact, the imposition of Canada’s Self-Government Policy in the context of these governance negotiations could have the effect of unilaterally redefining the relations between the Crees, Quebec and Canada as agreed to in the JBNQA.”

The Cree presentation then details the efforts made by Grand Chief Dr. Matthew Coon Come to have the Cree concerns addressed. The following series of events then took place:

• On November 15, 2013 Grand Chief Dr. Matthew Coon Come wrote to the Minister, the Hon. Bernard Valcourt, to outline the Cree concerns about the impasse. While this letter is specific and detailed, one sentence stands out, namely: “We cannot and will not make our treaty rights under the JBNQA, protected by the Constitution Act, 1982, subject to federal policy.”
• The Grand Chief met with Minister Valcourt on February 27, 2014 to explain that the Federal NRA and its subsequent governance negotiations were intended to complement the JBNQA and not to replace it and that the Cree would never consent to making their constitutionally-protected treaty rights subject to government policy.

• The Minister followed up the meeting with the Grand Chief with a letter outling the federal view. The Minister did not accept the Cree view that the JBNQA and the NRA and not the Self-Government Policy should guide the negotiations. In fact, his letter states: “However, Canada is of the view that the form of governance presently exercised by the Cree is administrative in nature and does not reflect the full range of powers and autonomy available to First Nations under federal policies.”18 (emphasis added) The letter seems to suggest that the Self-Government Policy offers better governance powers than the Cree already under the JBNQA, the Cree-Naskapi (of Quebec) Act and within the inherent right. It seems to assume, although not explicitly, that the Cree would be better off using the policy than the existing processes.
• On April 24, 2014, Grand Chief Coon Come, in reply, again wrote to Minister Valcourt expressing disappointment and saying, “The general thrust of your letter is to maintain the imposition of Canada’s Self-Government Policy in these governance negotiations.”
• Also upon receiving Minister Valcourt’s letter, Grand Chief Coon Come also wrote to the Prime Minister in an attempt to break the impasse. The letter, dated April 24, 2014, points out that the Cree will never accept “unilateral change”20 to their “treaty relations and rights”21 and that “the imposition of the Self-Government Policy would hinder resource development in Northern Quebec.” The Grand Chief goes on to request a meeting with the Prime Minister “to ensure that the interests of the Cree, First Nations, developers, the provinces and Canada are aligned.”23 As of June 5, 2014 no reply had been received from the Prime Minister.
• On June 5, 2014, the Grand Council brought the matter to the Cree-Naskapi Commission outlining their concerns about the impasse in the governance negotiations as well as other matters addressed elsewhere in this report.

The Cree-Naskapi Commission has reviewed the Cree submission and the exchange of letters quoted above. We have also reviewed the federal Self-Government Policy, along with relevant sections of the New Relationship Agreement and the JBNQA.

The Cree-Naskapi Commission continues to believe that the Minister and his senior officials generally understand the importance and legally binding nature of the James Bay and Northern Quebec Agreement. We also think that they feel a commitment to the proper implementation of the New Relationship Agreement. We assume also that they think that the current Self-Government Policy will be a useful guide in the various negotiations underway across the country. We note, with a degree of optimism, that the Self-Government Policy says specifically:

“The Government does not propose to re-open the provisions of existing land claim agreements as part of any process to implement the inherent right of self-government. Existing land claim agreements such as the James Bay and Northern Quebec Agreement, the Northeastern Quebec Agreement… will continue to operate according to existing terms.”

One can only assume, given the explicit wording of the Self-Government Policy, which was approved by Cabinet, that the government intended that its negotiator and other officials were expected to negotiate within the parameters of the James Bay and Northern Quebec Agreement. In addition, since the New Relationship Agreement had been negotiated with and signed by the Crees and Canada, it is reasonable to assume that it would also guide negotiations insofar as it was not at variance with the terms of the JBNQA itself. It is extremely disappointing to the Commission therefore to hear that negotiations have broken down and that Grand Chief Dr. Matthew Coon Come, after exhausting other avenues, had no alternative but to write to the Prime Minister asking for a meeting to deal with the situation before it worsens.

The Commission can only conclude that the intentions of the federal government as evidenced by the James Bay and Northern Quebec Agreement, the New Relationship Agreement and even the quoted sections of the Self-Government Policy have been misunderstood or ignored by federal officials from the negotiating team to those who draft letters for the signature of the Minister. Officials surely understand that constitutionally protected treaties, including land claim settlements, take precedence over conflicting provisions of legislation, unprotected agreements and policy mandates. Negotiators, especially those representing the Crown, must always act according to what the Supreme Court has characterized as “the honour of the Crown”. They must strive to ensure they both respect and appear to respect treaties and other lawful obligations. Failure to do this in respect to relations with First Nations has been perhaps the most consistent failure of governments in Canada throughout our history. As the Royal Commission on Aboriginal Peoples pointed out in their 1996 report:

“Our central conclusion can be summarized simply: The main policy direction, pursued for more than 150 years, first by colonial then by Canadian governments, has been wrong.”

A key element of how that policy was “wrong” has been the fact that government consistently failed to respect the provisions of the treaties. Sadly, many First Nations across Canada look at the history of treaty relations with Canada and conclude that governments are not trustworthy. In this case, the Commission hopes that the elected federal leaders will take the time to review the details of the current impasse in the Cree-Canada negotiations and ensure that the process of good faith negotiation gets back on track. Failure to do so will reinforce the stereotype of government as a dishonest negotiating partner, disrupt cooperative progress in the Cree territory and finally result in more litigation. Ultimately, it will not only be Canada’s relationship with the Crees that will deteriorate but also Canada’s relationship with Treaty First Nations and those presently in negotiations across the country.

However, the Cree leadership, in the negotiations leading to the final agreement, which is the James Bay and Northern Quebec Agreement, rejected the restrictive and supervised regime of local government imposed on the Cree Bands by the Indian Act.

On November 11, 1975, the James Bay and Northern Quebec Agreement (JBNQA) was signed by the Grand Council of the Crees (of Quebec), Northern Quebec Inuit Association, Government of Canada, Government of Quebec and certain crown corporations such as Hydro-Québec.

The Supreme Court of Canada in a decision rendered on May 14, 2010, states:

“The Agreement, which is both an Aboriginal rights agreement and an intergovernmental agreement, establishes a comprehensive and elaborate regime for the administration of the James Bay territory…This Agreement, which was clearly intended to have force of law, has supra-legislative status. It came into force and bound the parties only after both provincial and federal legislation approving and giving it effect was in force, and includes a clause which clearly indicates that, in the event of a conflict, the Agreement is to be paramount over other federal and provincial laws of general application. Both provincial and federal authorizing legislation confirm the Agreement’s paramountcy. The Agreement has also constitutional status as it qualifies as a modern treaty for the purposes of s. 35(3) of the Constitution Act, 1982.”

The Supreme Court clearly states that the James Bay and Northern Quebec Agreement has “constitutional status as it qualifies as a modern treaty for the purposes of s. 35(3) of the Constitution Act, 1982.”

The Northeastern Quebec Agreement (NEQA) was signed on January 31, 1978, by the Naskapis de Schefferville Band, Grand Council of the Crees (of Quebec), Northern Quebec Inuit Association, Government of Canada, Government of Quebec and certain crown corporations such as Hydro-Québec.

Section 9 (Local Government over Category IA Lands) of the James Bay and Northern Quebec Agreement provides that “there shall be recommended to Parliament special legislation concerning local government for the James Bay Crees on Category IA lands allocated to them.”

Section 7 (Local Government over Category IA-N Lands) of the Northeastern Quebec Agreement provides for similar undertakings respecting local government for the Naskapis of Quebec on Category IA-N lands allocated to them.

Consequently, pursuant to section 9 of the James Bay and Northern Quebec Agreement and section 7 of the Northeastern Quebec Agreement, the Cree and Naskapi First Nations and the Government of Canada discussed the terms and provisions of the special legislation concerning local government for the James Bay Crees and the Naskapis of Quebec. This special legislation – the Cree-Naskapi (of Quebec) Act –was enacted by Parliament and assented to on June 14, 1984.

The representatives of the Cree and Naskapi parties and the Government of Canada arrived at an understanding as to the implications and impact of the Cree-Naskapi (of Quebec) Act, in the Statement of Understanding of Principal Points Agreed to by the Cree-Naskapi (of Quebec) Act Implementation Working Group, August 9, 1984. This Statement of Understanding states as follows:

“The Cree-Naskapi (of Quebec) Act is the cornerstone of the achievement of the full potential of the James Bay and Northern Quebec Agreement and Northeastern Quebec Agreement. The new structures which were created by the Agreements were meant to interface with properly constituted local governments. The Cree-Naskapi (of Quebec) Act is also the basis upon which the relationship with the Federal Government will be redefined. By way of the new Cree-Naskapi (of Quebec) Act, the Cree and Naskapi will be able to go beyond the restrictions inherent in the Indian Act and thereby assume full control in the administration of their communities and management of Category IA and IA-N Lands.”3

Thus, the Cree-Naskapi (of Quebec) Act provides “for an orderly and efficient system of Cree and Naskapi local government, for the administration, management and control of Category IA and Category IA-N Land by the Cree and Naskapi Bands respectively, and for the protection of certain individual and collective rights under the said Agreements.”

Consequently, the Cree-Naskapi (of Quebec) Act, 1984, is the first legislation in Canada to provide some recognition of Aboriginal self-government. It redefines the relationship between the Government of Canada and the Cree and Naskapi peoples.

Except for the purposes of determining which of the Cree and Naskapi beneficiaries are “Indians” within the meaning of the Indian Act, the Cree-Naskapi (of Quebec) Act replaces the Indian Act, which does not apply to the Cree and Naskapi First Nations, nor does the Indian Act apply on or in respect of Category IA or IA-N land of the Cree Bands and Naskapi Band respectively.

Bill C-28, An Act to Amend the Cree-Naskapi (of Quebec) Act, was introduced in the House of Commons on April 27, 2009. The legislation aims to implement Canada’s undertakings under agreements seeking to resolve longstanding issues under the 1975 James Bay and Northern Quebec Agreement (JBNQA). In particular, the legislation amends the Cree-Naskapi (of Quebec) Act, in respect of Cree Bands and Category IA land,

a) to provide the Cree Regional Authority with additional responsibilities and powers, including by-law making powers; and b) to recognize the Cree of Oujé-Bougoumou as a separate Band and a local government under the Act.

In subsection 2.(1) of the amended Act, “Cree Regional Authority” means the Cree Regional Authority established by An Act respecting the Cree Regional Authority (Quebec).

On June 13, 2013, the Government of Quebec enacted and adopted Bill 42 – An Act establishing the Eeyou Istchee James Bay Regional Government and introducing certain legislative amendments concerning the Cree Nation Government.

The Act respecting the Cree Regional Authority is amended by Bill 42 so that the Cree Regional Authority is known, as of January 1, 2014, as the Cree Nation Government. In addition, the title of the Act respecting the Cree Regional Authority is amended to become the Act respecting the Cree Nation Government. The Act is further amended by replacing “Cree Regional Authority” wherever it appears in the Act by “Cree Nation Government.”

Consequently any references to the Cree Regional Authority in the amended Cree-Naskapi (of Quebec) Act must be interpreted to mean the Cree Nation Government.

With the exception of Part XII (provisions respecting the establishment, duties and operations of the Cree-Naskapi Commission) of the Act, the Cree-Naskapi (of Quebec) Act came into force on July 3, 1984.

Part XII of the Cree-Naskapi (of Quebec) Act respecting the establishment, duties and operations of the Cree-Naskapi Commission came into effect on December 1, 1984.

The Cree-Naskapi Commission established by section 158 of the Cree-Naskapi (of Quebec) Act has a duty to “prepare biennial reports on the implementation of this Act”6 to the Minister who “shall cause the report to be laid before each House of Parliament.”

The Commission reports also on the implementation of the JBNQA and the NEQA as particular sections of these Agreements contemplate the powers and duties of the local governments of the Cree and Naskapi First Nations. The Commission reports on the implementation of these Agreements in virtue of paragraph 21(j) of the Act which stipulates that the objects of a Band are “to exercise the powers and carry out the duties conferred or imposed on the Band or its predecessor Indian Act Band by any Act of Parliament or regulations made thereunder, and by the Agreements.”

The Commission conducted Special Implementation Hearings in order to prepare for its present report. These hearings, conducted in Montreal on February 10 to 12, 2014, provided an opportunity for the representatives of the Cree and Naskapi Nations and the Government of Canada to express their concerns and to discuss their issues. The findings and tone of the report are based on the Commission’s understanding and analysis on the issues and concerns raised in these hearings.

The present report constitutes the fourteenth (14th) biennial report to the Minister pursuant to sub-section 165 (1) and in accordance with sub-section 171 (1) of the Cree-Naskapi (of Quebec) Act.

Chapter 2 of the present report describes the evolution of Eeyou governance in Eeyou Istchee as the meaning and practice of Eeyou governance has been and continues to be redefined by Eeyou on the basis of rights, aspirations, values, culture, traditional law and customs, and the intent and spirit of the James Bay and Northern Quebec Agreement and its related Agreements.

Since its response to the 2002 Report of the Commission, Aboriginal Affairs and Northern Development Canada has provided a comprehensive response to the recommendations of the Commission. The responses of the Department represent an entirely different approach in its dealings with the Commission. It appears that the Department wants to improve its relations with the Commission as well with the Cree and Naskapi communities. These responses of the Aboriginal Affairs and Northern Development Canada are useful as the responsibility of the Minister to report on the implementation of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement expired in 1999. (Under the James Bay and Northern Quebec Native Claims Settlement Act, the Minister of Indian Affairs and Northern Development had the responsibility, between the years 1978 and 1998, to submit to the House of Commons a report on the implementation of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement.) Consequently, the Commission reports and comments on these responses of the Department in its biennial reports. Chapter 3 of the present report outlines and comments on the response of Aboriginal Affairs and Northern Development Canada to the recommendations of the Commission outlined in its 2012 Report. In this manner, the Cree and Naskapi Nations are aware of the Department’s responses to their particular issues and concerns.

Chapter 4 (Concerns and Issues of the Eeyou (Cree) Nation and the Naskapi Nation of Kawawachikamach) of the present report outlines the issues and concerns of the Cree and Naskapi Nations as expressed at the Special Implementation Hearings of the Commission.

Since its establishment, the Cree Trappers’ Association (CTA) has evolved in a period of rapid changes to the political, economic and social landscape and environment of Eeyou society and Eeyou Istchee. The submission of the CTA made to the Cree-Naskapi Commission, on February 12, 2014, describes the role of the CTA in the context of these broad changes to Eeyou society and provides the Commission with some observations about the issues which will likely need attention in the coming years. Chapter 5 of the present report describes these changes and challenges.

Chapters 6 and 7 of the present report describe the comments, recommendations and conclusions of the Commission respectively. The recommendations and conclusions of the Commission in the present report derive from its review and analysis of the issues and concerns raised at its Special Implementation Hearings and briefs submitted.

The exercise and practice of Eeyou Tapay-tah-jeh-souwin (Eeyou Governance) and Eeyou leadership has evolved from the exercise of Eeyou Weesou-way-tah-moo-wun or Eeyou self-determination. In particular, the Eeyou, in their relations with non-Eeyou governments, have developed and implemented a “just do it” approach in the evolution of governance. In some cases, Eeyou have established and determined their relations with non-Eeyou governments through treaty arrangements and agreements with the non-Eeyou governments. In this regard, Eeyou Tapay-tah-jeh-souwin (Eeyou governance) isn’t something that’s going to happen in the future. It’s something that has happened, is happening and will continue to happen in accordance with Eeyou law, rights and aspirations.

Based upon Eeyou experiences, Eeyou-Canada-Quebec relations will also determine the co-existence of Eeyou and non-Eeyou governments. Nevertheless, the Eeyou have developed their systems of governance and leadership process.

In the first contacts and relations of Eeyou with non-Eeyou governments, particularly, the Government of Canada exercised complete domination and control of Eeyou lives and affairs. Eventually with the consent of the federal authorities, the Eeyou of Eeyou Istchee were mostly administrators and managers, running programs and services designed by federal authorities. So this particular relationship was mostly about administration rather than governance. In this case, Eeyou, like other First Nations across Canada, took over and managed federal programs from the Department of Indian Affairs and Northern Development (currently known as Aboriginal Affairs and Northern Development Canada) and other federal departments.

However, the Eeyou of Eeyou Istchee changed this pattern of governance through the negotiation and implementation of the James Bay and Northern Quebec Agreement (JBNQA)… a modern-day treaty. The Eeyou Nation, through their local and regional governments, seized more authority and power.

Eeyou also exercised their form of Nation governance through the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority. The Cree Regional Authority, an Eeyou regional administrative authority, was created pursuant to the terms of the James Bay and Northern Quebec Agreement. The Eeyou people governed, asserting the rights and capacities not only to mange service and program delivery but to build their nation according to their design, to make and enforce laws, to develop and pursue long-term strategies of community and economic development, to negotiate new relationships with other governments, and to exercise meaningful jurisdiction over lands and people within their lands. The more recent new relationship agreements between the Eeyou and Canada and Quebec and the agreement on governance with Quebec will enhance local and Eeyou Nation governance. In taking this journey, the Eeyou Nation and People have marked out a path to Eeyou self-government. This journey and shift to self-government is a fundamental aspect of nation-building as Eeyou of Eeyou Istchee have reclaimed governance as an Aboriginal right and activity.

But Nation-building and hence self-government are continuous activities which must develop and sustain Eeyou society that works – economically, socially, culturally and politically.

For the Eeyou, amongst other goals, nation-building is about maintaining and developing culture and identity; supporting self-governing institutions; and sustaining traditional and alternative ways of making a living and hence determining what constitutes the present Eeyou way of life. It is about giving people choice in their lives and maintaining appropriate forms of relationship with their own and with other societies.

In order to understand and appreciate the evolution of Eeyou governance in Eeyou Istchee, one must first consider the state of Eeyou governance before the JBNQA was negotiated and signed by Eeyou and non-Eeyou governments and other parties.

2. Eeyou Governance before the 1975 James Bay and Northern Quebec Agreement

The leadership and vision of the Eeyou treaty-makers led the Eenou Nation on its journey to its modern-day treaty – the James Bay and Northern Quebec Agreement – which was signed by, amongst others, the representatives of Eeyou, Canada and Quebec on November 11, 1975. This treaty-making journey contains the main principles and values of leadership: vision, empowerment, unity, commitment, humility, respect, trust, participation, diversity, creativity, integrity, and community. It is a journey about visionary leadership based on forming and clarifying one’s own dreams and ideas, sharing those ideas, transforming those dreams into actions and engaging the help of others to bring dreams and ideas to reality. It is also a story of the youth of the time working with the Elders and leaders and some as leaders to pursue the nation’s vision and goals. This particular journey is about empowerment of the people, nation-building and the quest for social justice.

What was the vision of the treaty-makers and leaders of Eeyou in the early 1970s?

The Eeyou vision back in the early 1970s was a strong desire and will to change the social, political and economic status and situation of Eeyou as reflected by Eeyou history, experiences and state of the Eeyou Nation and people at the time.

In the early 1970s, before the execution of the JBNQA, the following brief and general summary describes the socio-political situation and conditions of Eeyou, their local government and administrations, and governmental relations:

• The population of Eeyou was about 6,000 people residing in six (6) isolated villages – Great Whale River (presently Whapmagoostui), Fort George (Eeyou of Fort George are presently living in Chisasibi as they have been relocated as a result of hydroelectric development), Paint Hills (presently Wemindji), Eastmain, Rupert’s House (presently Waskaganish), and Mistassini ( presently Mistissini). Eeyou of these villages lived in inadequate housing shelters without electricity and suitable infrastructures for water and sewage systems.
• Only one of the six (6) isolated Eeyou villages was accessible by road and telecommunications was conducted by radio-phone.
• Only three (3) Eeyou communities – Mistassini, Waswanipi and Eastmain – were allocated lands as ‘reserves’ established by provincial law under an administrative arrangement with the federal government. (But only the Mistassini Eeyou were residing on their ‘reserve.’ The Waswanipi Eeyou had no choice but to leave the old Waswanipi Post and their ‘reserve’. The ‘reserve’ for the Eastmain Eeyou was located outside of the Eeyou village of Eastmain.)
• The traditional way of life based on hunting, fishing and trapping and related activities constituted (and still remains) an essential and necessary component of Eeyou culture and society. The Governments of Canada and Quebec did not recognize Eeyou rights to hunt and fish. These governments enacted and enforced their hunting and fishing laws and regulations throughout Eeyou Istchee. As a result, many Eeyou were prosecuted for practicing a traditional way of life based on hunting, fishing and trapping.
• Eeyou exercised and applied their traditional land tenure and governance systems as Eeyou Indoh-hoh Ouje-Maaooch (Tallymen) governed their respective Indoh-hoh Istchee (hunting territory or trapline).
• Until the execution of the James Bay and Northern Quebec Agreement and the subsequent enactment of the Cree-Naskapi (of Quebec) Act by Parliament, the Indian Act was the single most prominent piece of legislation respecting Eeyou local government. The Indian Act applied and was enforced upon Eeyou. Hence, under the Indian Act, the legal system of a very limited and supervised regime of local government was imposed on the Eeyou ‘Bands’. This imposed elective form of local government vested in the Minister of Indian Affairs and Northern Development (currently known as Aboriginal Affairs and Northern Development Canada) veto powers over decisions of local governments.
• The imposed Indian Act regulated almost every important aspect of the lives of the Eeyou ‘Indians’.
• With the exception of the Oujé-Bougoumou Eeyou, Eeyou had ‘Band’ status under the Indian Act.
• The Nemaska Eeyou, having been relocated from the old Nemaska Post, resided in the Eeyou villages of Rupert’s House and Mistassini.
• The Waswanipi and Oujé-Bougoumou Eeyou were dispersed and residing in small crude encampments throughout their traditional territories and in some non-Native municipalities.
• The Oujé-Bougoumou Eeyou were registered as members of the Mistassini Band by Indian Affairs (currently known as Aboriginal Affairs and Northern Development Canada) for economic and administrative reasons. (Some Oujé-Bougoumou Eeyou resided in the village of Mistassini.)
• Notwithstanding the legal regime of the Indian Act, Eeyou continued to use their traditions and customs for ‘Band’ elections and decision-making over local individual and collective matters.

• The federal government, mainly through the Department of Indian Affairs and Northern Development (DIAND) (currently known as Aboriginal Affairs and Northern Development Canada), provided programs and services such as education and community development to the Eeyou ‘Bands’. National Health and Welfare provided health measures. However, these services and programs were under the exclusive control and administration of the federal government. Often officials from Indian Affairs made important decisions which were rubber-stamped by the Chief and Council.
• The DIAND asserted control over political structures, land administration and management, community development and social and economic development of the Eeyou ‘Bands’ and communities. Consequently, the DIAND controlled Eeyou local governmental and administrative matters.
• Eeyou local governments were accountable mainly to non-Eeyou governments and agencies such as the DIAND that provided funding for their activities. These arrangements created a situation where Eeyou local governments were more responsive to external agencies than to community members. Further, the development of the capacity for political accountability was stymied by the fact that key policy and program decisions were made by non-Eeyou officials.
• The Eeyou ‘Bands’ conducted federal relations solely through officials of the District Office of the DIAND. Consequently, the Cree ‘Bands’ rarely conducted direct relations with the Government of Canada. In effect, the District Office of Indian Affairs was the centre of Cree ‘Bands’ and federal relations.
• Eeyou ‘Bands’ functioned separately as Eeyou had not, until 1974, established the Grand Council of the Crees (of Quebec).

• The DIAND arranged contractual and administrative measures to permit some Eeyou Bands to manage some federal programs and services such as operations of local schools.
• Relations with the Government of Quebec were virtually non-existent in most Eeyou communities.
• Questions existed about the capacity of the ‘Band’ under the Indian Act to undertake contractual obligations and assume legal responsibilities as a legal entity or a legal personality.
• The Government of Quebec considered the welfare of the Eeyou ‘Indians’ as the responsibility of the Government of Canada and hence provided little or no services and programs to Eeyou.
• The Government of Canada and the Government of Quebec did not recognize Aboriginal rights. The Constitution of Canada was silent on the issue of Aboriginal and treaty rights. Hence, Canada and Quebec did not recognize the Aboriginal right of self-government. The federal government and provincial government held the view that Native people had no rights of government other than that the government chooses to legislate or impose such as the regime under the Indian Act.
• The limitations and restrictions on Eeyou governance under the Indian Act and the dominating administrative arm of the DIAND came to be regarded as instruments and agents of intrusion into Eeyou affairs.
• Resource development such as hydroelectric development within the Cree traditional and historical territories became a major issue and concern.
• The obligations of Quebec to settle land and other claims of Native people when its boundaries were extended in 1898 and 1912 remained outstanding and unfulfilled.

Consequently the vision of the Eeyou Treaty-makers and leaders entailed changing the Eeyou world and making it a better world for Eeyou of Eeyou Istchee through nation-building. Eeyou wanted to maintain and protect Eeyou Pimaatehsouwin (Eeyou way of life) and Eeyou Eehdou-wun (Eeyou culture and Eeyou way of doing things). Eeyou wanted their rights recognized and protected. They wanted to pursue their traditional way of life as well as enable those who wanted to participate in the contemporary wage economy. Eeyou wanted to be in control of their affairs, institutions, communities and governments… in effect govern themselves. Eeyou wanted community and economic development but under their terms. Eeyou wanted respect and participation in the development and management of natural resources in Eeyou Istchee. Eeyou wanted responsible and sustainable resource development that took into account their concerns and interests. In other words, Eeyou wanted to change the Eeyou world and make it a better place. The Eeyou of Eeyou Istchee had this common and shared vision. This vision united the Eeyou people as one nation with one voice. This unity enabled nation-building and strengthened and empowered the Eeyou Nation. But Eeyou had to wait with patience until the time and circumstances were right to make these changes happen.

The 1975 James Bay and Northern Quebec Agreement arose out of what was initially opposition by Eeyou to proposed hydroelectric development in Eeyou Istchee. Quebec and Hydro-Québec, in April 1971, had announced the first major hydroelectric development project without consultations with the Eeyou who would be profoundly impacted by the proposed project. The litigation initiated by Eeyou resulted, by a treaty process, in a negotiated settlement respecting the rights of Eeyou and development of natural resources in Eeyou Istchee. For Eeyou, the treaty process was the path chosen to further the process of nation-building, secure Eeyou rights such as self-governance and redefine relationships with Canada and Quebec.

3. James Bay and Northern Quebec Agreement, its related Agreements and Eeyou Governance

The negotiations, from 1973 to 1975, that led to the signing of the Agreement In Principle (November 15, 1974) and the James Bay and Northern Quebec Agreement (November 11, 1975) were a rare opportunity for Eeyou to achieve recognition of particular rights, guarantees and benefits for their distinct society and way of life based on their central and special relationship with their historical and traditional territories – Eeyou Istchee. The negotiations and the James Bay and Northern Quebec Agreement also provided a means for achieving, to some extent, the Eeyou vision for the enhancement and advancement of Eeyou governance; but Eeyou were constrained by the existing political and legal environment of the 1970s. These constraints have resulted in a very complex and perplexing Treaty.

The legal system of limited and supervised law-making powers of Bands under the Indian Act was an impediment for the proper exercise of local autonomy and local government. Under the Indian Act, the Minister of Indian Affairs and Northern Development (currently known as Aboriginal Affairs and Northern Development Canada) had disallowance and veto powers over decisions and legislation as determined by the Chief and Council of each Eeyou community as well as other First Nation communities in Canada. The Indian Act was also a serious barrier to economic development as the Act fails to create Bands as a legal entity with the capacity to assume contracts and other legal obligations and responsibilities. Furthermore, the Indian Act and the Department of Indian Affairs came to be regarded by Eeyou of Eeyou Istchee as instruments and agents of intrusion and domination of Eeyou affairs and Eeyou governance.

By 1970, Eeyou saw and still agree that progress in self-government, in social and economic development and in eradicating the social ills afflicting them cannot and could not be accomplished within the confines of the

Indian Act and the dominating administrative arm of the Department of Indian Affairs. Consequently, for Eeyou, the comprehensive control and domination asserted by the federal government over Eeyou society through the Indian Act and the Department of Indian Affairs became the catalyst for change in Eeyou and federal relations.

Thus, the Eeyou Nation of Eeyou Istchee negotiated a change in relations with the Government of Canada and the Government of Quebec through the terms and provisions of the James Bay and Northern Quebec Agreement.

However, the signing of the James Bay and Northern Quebec Agreement did not mark the end of conflicts, disputes and negotiations. Rather it signaled the beginning of continued interaction between the Cree of Eeyou Istchee and the Government of Quebec, Government of Canada and Hydro-Québec over the implementation of the letter, intent and spirit of the terms and provisions of the James Bay and Northern Quebec Agreement.

This continued interaction between the Cree, Canada and Quebec often resulted to confrontations and conflicts over the failure of Canada and Quebec to honour and respect their commitments, responsibilities and obligations to the Crees under certain terms and provisions of the JBNQA which is a modern-day treaty as well as an out-of-court settlement.

To improve and facilitate the implementation of the James Bay and Northern Quebec Agreement, the following agreements were made:

• Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Quebec;
• Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee;
• Framework Agreement between the Crees of Eeyou Istchee and le Gouvernement du Québec on Governance in the Eeyou Istchee James Bay Territory; and
• Agreement on Governance in the Eeyou Istchee James Bay Territory between the Crees of Eeyou Istchee and the Gouvernement du Québec.

The James Bay and Northern Quebec Agreement and related Agreements have substantially changed and will continue to change the political, social and economic landscape of Eeyou Istchee. In particular, amongst other purposes, these agreements recognize and advance Eeyou Governance such as traditional Eeyou Indoh-hoh Istchee governance, Eeyou public governance, local Eeyou governance, Eeyou nation governance and Eeyou-Jamésiens public regional governance.

3.1 Traditional Eeyou Indoh-hoh Istchee Governance – Indoh-hoh Istchee Ouje-Maaooch (Eeyou Traditional System of Governance of Hunting Territories)

Eeyou of Eeyou Istchee consider themselves as the guardians, stewards and custodians of Eeyou Istchee. Therefore, Eeyou, as a nation, have established traditional law and customs respecting the use, occupation and governance of Eeyou Istchee.

First, Eeyou established and implemented the system of “Indoh-hoh Istchee” as part of the Eeyou land tenure system. Eeyou established units of Indoh-hoh Istchee throughout Eeyou Istchee. (The Indoh-hoh Istchee system pre-existed the trapline system which came into existence for managing the harvesting of fur-bearing

animals. In fact, the organizational plan of the Government of Quebec respecting its Beaver Preserves and registered traplines reflect elements of the Eeyou Indoh-hoh Istchee system. Therefore, one should not consider the registered trapline system as being the same or replaces the Eeyou Indoh-hoh Istchee system. The registered trapline system is a tool for the management of fur-bearing animals by the Government of Quebec. Before the existence of the JBNQA, registered traplines were licensed under the Fish and Game Act of Quebec.)

The JBNQA recognizes the continuity of the system of “Cree traplines.” The “Indoh-hoh Istchee” system of Eeyou is the “Cree trapline” system contemplated by the JBNQA. In fact, paragraph 24.1.9 of subsection 24.1 of section 24 of the JBNQA defines a Cree trapline as “an area where harvesting activities are by tradition carried on under the supervision of a Cree tallyman.”2 The Cree trapline contemplated by the Agreement is intended to reflect the Indoh-hoh Istchee as determined and established by Eeyou traditional law and customs. Presently there are over three hundred (300) Indoh-hoh Istchee throughout Eeyou Istchee.

Secondly, in order to determine the exercise of governance and authority for each Indoh-hoh Istchee, Eeyou established and implemented the system of Indo-hoh Istchee Ouje-Maaooch or Indoh-hoh Ouje-Maaooch (hereafter referred to as Indoh-hoh Ouje-Maaoo). The Indoh-hoh Ouje-Maaoo is generally referred to as the “Cree Tallyman” in the JBNQA.

Paragraph 24.1.8 of subsection 24.1 of section 24 of the JBNQA defines a Cree Tallyman as “a Cree person recognized by a Cree community as responsible for the supervision of harvesting activity on a Cree trapline.”3

However, according to traditional law and customs, the Indoh-hoh Ouje-Maaoo has more than supervisory roles and functions. In general, the Indoh-hoh Ouje-Maaoo has the authority and responsibility for the proper stewardship, guardianship and custodianship of Indoh-hoh Istchee. In accordance with and subject to traditional law and customs, the duties and responsibilities of the Indoh-hoh Ouje-Maaoo include but are not limited to the following:

• Management and conservation of wildlife and other natural resources;
• Control of access to Indoh-hoh Istchee (consent, permission and authorization of the Indoh-hoh Ouje-Maaoo concerned are required);
• Determination of the delineation and limits of Indoh-hoh Istchee;
• Resolution of territorial disputes respecting limits of Indoh-hoh Istchee;
• Determination of names of places and sites within Indoh-hoh Istchee;
• Transfers of portions or entirety of Indoh-hoh Istchee by agreement or inheritance;
• Sharing of history, information and traditional knowledge;
• Respect, maintenance and transmission of Eeyou Eehdou-wun (Eeyou way of doing things);
• Sharing of wildlife resources to ensure survival;
• Application and enforcement of customary practices and rules respecting life and activities within Indoh-hoh Istchee: and
• Political representation.

Weenbekou Eeyou (Coastal Eeyou) have established the system of Paasd-heejeh Ouje-Maaooch particularly for the purposes of goose hunting management within their respective Indoh-hoh Istchee. The Paasd-heejeh Ouje-Maaoo is ordinarily the same individual Eeyou who is the Indoh-hoh Ouje-Maaoo or Indoh-hoh Istchee Ouje-Maaoo.

In addition, Eeyou have, by traditional law and customs, established rules and practices for a code of conduct for activity throughout Eeyou Istchee and within Indoh-hoh Istchee.

Section 30 (Cree Hunters and Trappers Income Security Program) of the James Bay and Northern Quebec Agreement and Chapter 3 (Forestry) of the Agreement Concerning a New Relationship between the Government of Quebec and the Crees of Quebec enhance the authority of the Indoh-hoh Ouje-Maaoo. Under the Income Security Program, the status of the Indoh-hoh Istchee as a ‘near’ or ‘far’ harvesting territory can only be changed through the collaboration of the Indoh-hoh Ouje-Maaoo concerned. Furthermore, pursuant to the terms and provisions of the Agreement Concerning a New Relationship Between the Government of Quebec and the Crees of Quebec, Indoh-hoh Istchee will be used as a basis for delimiting the territorial reference units for the management of the adapted forestry regime. Sites of special interest to Eeyou will be identified and mapped by Eeyou in cooperation with Quebec. No forest management activities may be undertaken in these areas unless the Indoh-hoh Ouje-Maaoo agrees otherwise.

3.2 Board Governance, Public Governance and Co-Management Regimes

The James Bay and Northern Quebec Agreement and other related Agreements create or contemplate the creation of regional legal and corporate entities. Through these legal entities, Eeyou of Eeyou Istchee exercise board governance as these entities are governed by a Board of Directors or by a similar body.

In many instances where these entities are providing programs and services through principal entities such as the Cree Regional Authority, Cree School Board and the Cree Board of Health and Social Services of James Bay, Eeyou have been and are continuing to exercise a form of self-administration of governmental programs and services. In addition, Eeyou of Eeyou Istchee exercise a form of public governance through the Cree School Board and the Cree Board of Health and Social Services of James Bay over matters within their jurisdictions and responsibilities.

Eeyou also participate in regimes of co-management with the Government of Canada and Government of Quebec through the entities or bodies created by the James Bay and Northern Quebec Agreement and related Agreements. These entities usually are advisory and consultative bodies for the Eeyou, federal and provincial governmental authorities.

Furthermore, in some cases, Eeyou of Eeyou Istchee exercise a form of co-management of funds, programs and projects with Hydro-Québec through the entities contemplated in the JBNQA and related Agreements.

In order to enhance Eeyou governance and to translate the concept of a new partnership and a redefined relationship between Eeyou of Eeyou Istchee and the Government of Canada and the Government of Quebec into reality, the following principal institutions were established by legislation enacted and agreements concluded in accordance with the terms and provisions of the James Bay and Northern Quebec Agreement and related Agreements:

• The Cree School Board, with its unique and special powers and under the control of Eeyou of Eeyou Istchee, has jurisdiction and responsibility for elementary, secondary education, post secondary and adult education for residents within the Eeyou communities. The Cree School Board has been instrumental in the preservation of Eeyou culture and the development and implementation of Eeyou language instruction.
• The Cree Board of Health and Social Services of James Bay, under the control of Eeyou of Eeyou Istchee, has jurisdiction and responsibility for the administration of appropriate health and social services for all persons normally resident or temporarily present in the Eeyou communities.

• The Hunting, Fishing and Trapping Coordinating Committee, with members from the Native and government parties, was established as a consultative body to responsible governments and as such was meant to be the preferential and exclusive forum for the Cree as well as the Naskapi and Inuit peoples and governments to formulate jointly regulations and supervise the administration and management of the Hunting, Fishing and Trapping Regime established by and in accordance with Section 24 of the James Bay and Northern Quebec Agreement.
• The James Bay Advisory Committee on the Environment, with members appointed by the Cree Regional Authority, federal and provincial governments, was established to review and oversee the administration and management of the Environmental and Social Protection Regime established by and in accordance with Section 22 of the James Bay and Northern Quebec Agreement.
• The Cree were accorded special status and involvement in the various mechanisms such as evaluating and review committees that were created for the review and assessment of the social and environmental impacts of proposed development projects in the Territory contemplated by the Agreement.
• Furthermore, Section 28 of the James Bay and Northern Quebec Agreement contemplates the establishment of the Cree Trappers’ Association, the Cree Outfitting and Tourism Association and the Cree Native Arts and Crafts Association.
• The Indoo-Who Shoo-Yan Oujemaoch (Cree Hunters and Trappers Income Security Board) is responsible for the administration of the Cree Hunters and Trappers Income Security Program as established by and in accordance with Section 30 (Income Security Program for Cree Hunters and Trappers) of the James Bay and Northern Quebec Agreement. The Cree Regional Authority and the Government of Quebec each appoint three (3) members to the Cree Hunters and Trappers Income Security Board.

In addition, the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Quebec and its side agreements establish or contemplate the creation of the following principal legal entities and bodies:

• The Cree Development Corporation (CDC) shall be established with objects and powers for the economic and community development of the James Bay Crees.
• The Eenou-Eeyou Limited Partnership is the “recipient of funding” contemplated in the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Quebec.
• The Cree-Québec Forestry Board is established for the purpose of permitting a close consultation of the Crees during the different steps of planning and managing forest management activities in order to implement the adapted forestry regime.
• The Mineral Exploration Board is established to assist the Crees in accessing and participating in mineral exploration opportunities and activities.
• The Standing Liaison Committee is established to act as a permanent forum of exchange and of coordination between the Crees and Quebec in order to strengthen their political, economic and social relations and to ensure the harmonious efficient implementation of the New Relationship Agreement and to resolve other questions relating to the implementation of the James Bay and Northern Quebec Agreement.
• The GCC(EI)-CRA/HQ-SEBJ Dispute Resolution is constituted by the Agreement Respecting Disputes and a Dispute Resolution Committee and is mandated to attempt to resolve all outstanding disputes between the Crees and HQ/SEBJ.

For the purposes of economic development, Eeyou of Eeyou Istchee have established the following principal business ventures and corporations:

• Cree Regional Economic Enterprises (CREECO)
• Valpiro
• Petronor (CreeEnergy)
• AirCreebec
• Cree Construction and Development Company Ltd.

For social and cultural development, Eeyou of Eeyou Istchee have established the following principal entities or corporations:

• Elders Council
• Cree Nation Youth Council
• Cree Women of Eeyou Istchee Association
• James Bay Eeyou Cultural Education Center
• James Bay Cree Communications Society
• Aanischaaukamikw Center (Cree Cultural Institute)
• Cree Indian Friendship Center of Chibougamau

In addition, the local Eeyou First Nations and their respective governments have established other corporations and legal entities for economic development. Some examples are Mistuk (Waswanipi), Tawich (Wemindji), Wabannutao Eeyou Development Corporation (Eastmain), and Chisasibi Enterprises Reg’d (Chisasibi).

3.3 Eeyou Local Government

Pursuant to the terms and provisions of the James Bay and Northern Quebec Agreement, Eeyou Istchee was carved out into three (3) categories of land. Lands classified as Category IA, under federal jurisdiction, and Category 1B, under provincial jurisdiction, were set aside and allocated to the Cree for their exclusive use and benefit and under the administration and control of Cree local governments.

Pursuant to federal obligations to Eeyou under the JBNQA, special federal legislation – the Cree-Naskapi (of Quebec) Act – enacted by Parliament and assented to on June 14, 1984 – provides for an orderly and efficient system of Cree and Naskapi local government and for the administration, management and control of local community lands by the Cree and Naskapi First Nations respectively. The Cree-Naskapi (of Quebec) Act replaces the Indian Act for the Cree Nation of Eeyou Istchee and the Naskapi Nation of Kawawachikamach. During the course of negotiations leading to the signing of the JBNQA, Eeyou of Eeyou Istchee rejected the restricted, supervised and imposed local government regime of the Indian Act. Consequently, except for the purpose of determining which of the Cree beneficiaries and Naskapi beneficiaries “Indians” are within the meaning of the Indian Act, the Indian Act does not apply to the Cree and Naskapi First Nations nor does it apply on or in respect of their community lands.

Furthermore, the Cree-Naskapi (of Quebec) Act establishes the Cree-Naskapi Commission with a duty and responsibility to report biennially on the implementation of the said Act and related matters. Pursuant to its mandate, the Cree-Naskapi Commission has produced and submitted, so far, a total of thirteen (13) biennial reports to the Minister of Indian Affairs who tables each report in both Houses of Parliament. The findings and recommendations of the Cree-Naskapi Commission pertain to the issues and concerns of the Cree and Naskapi communities, implementation of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement and implementation of the Cree-Naskapi (of Quebec) Act. In particular, the Commission has recommended appropriate amendments to the Cree-Naskapi (of Quebec) Act with the objective of enhancing and advancing Eeyou local government. But the Act has, so far, not been amended to enhance and advance Eeyou local government and administration. Consequently, the Cree-Naskapi (of Quebec) Act, since its enactment by the Parliament of Canada thirty (30) years ago, remains a rigid, inflexible and unchanging instrument as it fails to evolve with the changing realities and dynamics of Eeyou local government.

Thus, the full potential of local Eeyou government, with its dynamic and evolving nature, has not yet been realized and achieved by Eeyou of Eeyou Istchee.

The proper implementation of the Cree-Naskapi (of Quebec) Act has been difficult for all parties concerned and it remains to be properly implemented and amended in a manner that reflects the spirit and intent of the JBNQA as well as the needs and aspirations of Eeyou of Eeyou Istchee for effective local governance.

First and foremost, effective local government depends upon a sound economic base. In this regard, an understanding between the Cree and the Government of Canada was concluded on a mechanism for the funding of Cree local government and administration and Cree regional administration of certain services and programs. However, the Government of Canada insists on funding agreements that fail to take into account the evolving needs and realities of Eeyou self-government. Such funding arrangements have often been conditional with subsequent political constraints.

The Cree-Naskapi (of Quebec) Act creates Band corporations which have the object of acting as the local government authority. Under traditional law, Eeyou or the Eeyou nation is the historical, traditional and present self-governing authority. Eeyou consider themselves as the historical and traditional authority for the exercise of self-government. In practice, Canada delegates such authority to the Band corporations through federal legislation. For Eeyou, the inherent right of Eeyou self-government should not be a derivative of federal authority. In fact, the Cree communities refer to themselves as Eeyou/Eenou or as First Nations and not as Bands or Band corporations.

Even though the Cree-Naskapi (of Quebec) Act flows from treaty arrangements, Eeyou is still impacted by legislation of Parliament and the whims of federal officials in interpreting and implementing the legislation. Thus, the Government of Canada controls the process and results to ensure that the exercise of the right of self-government is contingent upon government consent. This particular arrangement has the tendency to force Eeyou to create governance structures in the image of federal legislation and to live with them thereafter. The Eeyou inherent right of self-government is, however, by definition, a right which pre-exists the authority of the federal and provincial governments and which should exist independently of the agendas and policies of the non-Eeyou governments.

With respect to Eeyou Municipal Governments, pursuant to Section 10 (Cree Local Government (Category IB)) of the James Bay and Northern Quebec Agreement, Cree Village Corporations and Municipal Councils were established by provincial legislation for administration and control of Category IB lands that were and are presently uninhabited by people. In addition, the Eeyou Municipal Governments have legislative authority over Category II and III lands for persons permitted to hunt and fish or conditions for commercial hunting thereon. The Category IB lands are municipalities governed by Eeyou Municipal Councils that do not have funds to function as municipal governments. This is an impediment for Eeyou governance.

Notwithstanding the legal regime of local government under the Cree-Naskapi (of Quebec) Act and other powers and responsibilities of Eeyou for governance under the JBNQA, its related Agreements and subsequent legislation, Eeyou continue to incorporate Eeyou law, traditions and customs in the exercise and practice of local government and Eeyou nation governance. In this manner, the JBNQA and its related Agreements, the Cree-Naskapi (of Quebec) Act and other enabling legislation of Quebec and Canada are not exhaustive of the inherent right of Eeyou governance.

In general, the powers and authority of Eeyou governance arise also from long-standing practices based on Eeyou law, traditions and customs.

3.4 Eeyou Nation Governance

According to the Report of the Royal Commission on Aboriginal Peoples of November 1996, the nation government is identified by the following key characteristics:

• an identifiable land and territorial base consisting of the nation’s own lands and resources;
• citizenship in the nation as a whole;
• the presence of non-Aboriginal residents on the nation’s lands and the protection of their rights;
• the exercise of government powers and authority in a comprehensive range of jurisdictions and, depending on the internal structure of the nation government, possibly by units of government at community, regional or tribal levels;
• the possibility of one or more units of government within the nation, organized centrally or federally;
• internal government procedures that vary from one nation to another and that build upon a nation’s traditions;
• the possibility of urban components or extensions of nation government, including extra-territorial jurisdictions and urban institutions; and
• the possibility of relationships with other Aboriginal governments through inter-nation associations such as confederacies, treaty associations and provincial or pan-provincial associations.

Clearly, Eeyou/Eenou governance meets these key characteristics of the nation government.

In addition to the Eeyou traditional system of Indoh-hoh Istchee governance, there are presently two levels of government within the Eeyou nation: the local Eeyou government and the Eeyou Tapaytahchehsou. (The term “Eeyou Tapaytahchehsou” should not to be mistaken as the Cree Regional Authority alone as Eeyou consider the Chisa-Oujemaakan (Grand Chief) and the Katach-skouwat Chisa-Oujemaakan (Deputy Grand Chief) of the Grand Council of the Crees (Eeyou Istchee) and the Oujemaakanch (Eeyou Chiefs of the local communities) as the Eeyou Ouje-Maaooch and collectively as Eeyou Tapaytahchehsou.)

As the Eeyou Nation is the traditional and historical authority of governance, Eeyou of Eeyou Istchee exercises governance at a national level which extends beyond board governance, public governance and self-administration of programs and services. While the ‘nation government’ is not yet constituted under contemporary law, Eeyou of Eeyou Istchee consider the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority (GCC(EI)/CRA) as a form of a nation government.

By-law No. 13 of the Grand Council of the Crees (Eeyou Istchee), adopted at a special meeting of the Board of Directors of the Grand Council held in Val D’or, Quebec on June 19, 1996 and sanctioned by the members of the Annual General Assembly held in Waswanipi on June 26, 1996 describes the object of the Corporation as acting as a regional council and as a regional government. Clearly, Eeyou view the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority as a form of a regional Eeyou government.

The Grand Council of the Crees (of Quebec) was established by Eeyou of Eeyou Istchee in August, 1974 as a political organization and incorporated pursuant to federal legislation. It began as a body representing the Cree Nation in the protection of Eeyou rights and interests. Therefore, the Grand Council of the Crees (of Quebec) represented Eeyou of Eeyou Istchee in negotiations that led to the execution of the James Bay and Northern Quebec Agreement and the Agreement Concerning a New Relationship between le Gouvernement du Québec and

the Crees of Quebec and other related agreements. (It is important to note that the Grand Council of the Crees was established pursuant to the expressed will of Eeyou and did not emanate from the James Bay and Northern Quebec Agreement.) The Grand Council also represented, along with each local Eeyou Government, the Eeyou Nation in litigation to protect Eeyou rights and interests. However, Eeyou assert governance through the Eeyou Nation as it is the traditional and historical authority for the exercise of self-government. Consequently, the Grand Council of the Crees (Eeyou Istchee) exercises a Eeyou Nation form of governance for and by Eeyou of Eeyou Istchee. While the Grand Council exercises board governance under contemporary law, it exercises nation governance under Eeyou law. After all, the decisions made by the Grand Chief, Deputy Grand Chief and the Eeyou Chiefs together affect all the members of the Eeyou Nation. Furthermore the Grand Council of the Crees (Eeyou Istchee) does negotiate and make nation-to-nation treaties and conducts relations with other nations. In this regard, the GCC(EI) is a party to the Treaty Alliance of North American Aboriginal Nations signed in Oujé-Bougoumou, Eeyou Istchee on July 6, 1986. The North American Aboriginal Nations as parties to this Treaty “reaffirm their desire to live in peace with all peoples and governments; declare their determination to protect and preserve their peoples, lands, resources, heritage and culture; and agree to join their efforts at self-help and self-defense through mutual aid and assistance.”

In addition, the Grand Chief/Chairman and the Deputy Grand Chief/Vice-Chairman of the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority are elected by the Eeyou electors of Eeyou Istchee. The Chiefs are elected by the Eeyou electors of their respective communities. Consequently, the Grand Chief, Deputy Chief and the Eeyou/Eenou Ouje-Maakanch (Eeyou Chiefs) are the Eeyou/Eenou Ouje-Maaooch as elected leaders and officials of Eeyou nation governance. In fact, the ‘Board’ of the GCC(EI) is referred to as the Grand Council or Eeyou Tapay-tah-jeh-sou.

In addition, the Grand Council of the Crees (Eeyou Istchee), representing the Eeyou Nation of Eeyou Istchee, has established and maintains a Cree Embassy in Ottawa – Canada’s Capital city. The Grand Council of the Crees (Eeyou Istchee) also conducts international relations and is active in the international community.

Since the establishment of the Grand Council of the Crees, Eeyou have become a stronger nation with advancements and achievements that have benefited Eeyou. In this regard, the unity of Eeyou, acting as one Nation and one voice, is a major and fundamental factor. One must keep in mind the name of the Grand Council of the Crees (Eeyou Istchee) in the Eeyou language – “Weenbaooch Nochemeweoch Ahnadamadooch” – means “coastal and inland Eeyou helping each other.”

The Cree Regional Authority, under the control of Eeyou, was established by provincial legislation for the administration of programs and services and the administration of the compensation funds payable to the Crees pursuant to the terms and provisions of the James Bay and Northern Quebec Agreement. The Board of Compensation manages the compensation funds. The Cree Regional Authority is mainly involved in the administration and delivery of programs and services to the Eeyou communities. Eeyou, through the Cree Regional Authority, exercise self-administration of governmental programs and services. To some extent, the self-administration of governmental programs and services has impacted the principle of accountability of Eeyou authorities to Eeyou as these programs are funded by non-Eeyou governments that demand extensive accountability to the funding governmental department for the expenditure of public funds.

The Cree Regional Authority (CRA) or its successor is the “Native Party” for Eeyou under the James Bay and Northern Quebec Agreement. Therefore, the consent of Eeyou for any amendments to the JBNQA that affects Eeyou must be obtained through the Cree Regional Authority. Consequently, the CRA, on behalf of Eeyou of Eeyou Istchee, is the signatory of any such complementary agreement to the JBNQA.

The Cree Regional Authority appoints its representatives or members to the various bodies created by the James Bay and Northern Quebec Agreement and related Agreements. It also assumes certain financial responsibilities under the New Relationship Agreements. Clearly, in some instances, the Cree Regional Authority acts as a ‘government’ for Eeyou of Eeyou Istchee.

In addition, one must recall the leadership crisis in the early 1980s, when Eeyou had two leaders – the Grand Chief of the GCCQ and the Chairman of the CRA. A special assembly was convened to resolve the question of leadership. The assembly decided to make the leadership and board membership of the CRA the same as that of the GCCQ, which remained the principal authority. Consequently, the Grand Chief and the Executive Chief (presently the Deputy Grand Chief) of the GCC(EI) held the offices of the Chairman and Vice-Chairman of the CRA respectively. The members of the Executive of the GCC(EI) became the members of the Executive Committee of the CRA. In addition, the members of the Board of Directors of the GCC(EI) became the members of the Council of the CRA. In practice, the two principal Eeyou regional authorities became designated as the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority. Therefore, it is not conceivable to separate and alienate the present hierarchical system of Eeyou leadership from any evolution of an Eeyou Nation Government. This nation governance can be advanced further through a process in which the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority evolves as the principal authority in the Eeyou Nation Government. In any case, this evolution appears to be the present trend and direction of Eeyou Tapay-tah-jeh-souwin on the basis of the past and present exercise and practice of Eeyou governance by Eeyou of Eeyou Istchee.

Eeyou of Eeyou Istchee have an Eeyou legal system and law-making authority. (The development and implementation of the Eeyou Indoh-hoh Istchee system is a direct result of the application of the Eeyou legal system and exercise of Eeyou law-making authority.) Eeyou, as the traditional and historical authority in the

exercise of governance, have established and continue to establish customary law and other Eeyou laws which may evolve and take modern form. This evolution of Eeyou customary or traditional processes and practices is an expression of the will and sovereignty of the people exercised through the Eeyou nation decision-making process.

The inclusion of Eeyou or beneficiaries of the JBNQA as members of the GCC(EI)/CRA is another compelling factor for Eeyou nation governance. The other principal entities such as the Cree School Board and the Cree Health Board do not retain such membership. (The Cree School Board is a school board under the Education Act and the Cree Health Board exercises the powers and functions of a Regional Council within the meaning of the Act respecting Health and Social Services.) However, these principal Eeyou regional authorities are instrumental in the exercise of Eeyou control over education, health and social services within Eeyou Istchee.

Eeyou, acting in unity and as one nation through the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, can further advance the evolution of Eeyou nation governance (and local governance) through the proper implementation of the

3.5 Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Quebec

On February 7, 2002, in Waskaganish, Eeyou Istchee, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority and the Government of Quebec executed the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Quebec (hereinafter referred to as the ‘New Relationship Agreement’.) The New Relationship Agreement was approved by Eeyou in local referenda held by Eeyou of Eeyou Istchee.

Quebec and Eeyou of Eeyou Istchee enter into a nation-to-nation agreement which promises to strengthen the political, economic and social relations between Quebec and the Crees.

The New Relationship Agreement marks an important stage in a new nation-to-nation relationship based on openness, mutual respect and a greater responsibility of the Cree Nation for its own development within the context of a greater autonomy.

The Agreement recognizes an important right of Eeyou to benefit from resource development within Eeyou Istchee. For the first time in Canada, the right of Aboriginal People to benefit from resource development within their own lands is recognized.

The New Relationship Agreement has the following purposes:

• Establishment of a new nation-to-nation relationship;
• Assumption of greater responsibility by the Cree Nation for its economic and community development;
• Establishment of means to allow the parties to work together in regard to the development of mining, forestry and hydroelectric resources in the Territory;

• Settlement, with discharges, of the provisions of the James Bay and Northern Quebec Agreement pertaining to the economic and community development of Eeyouch;
• Settlement or the withdrawal of certain legal proceedings;
• Consent of Eeyou for the carrying out of the Eastmain 1-A/Rupert Project; and
• Facilitation of the construction of the EM 1 Project. (The Eastmain 1-A/Rupert and EM-1 are hydroelectric development projects to be constructed under the terms and conditions of the Agreement; in particular, in regards to economic development of and by Eeyou. These projects are extensions to the existing hydroelectric development project referred to as le Complexe La Grande (1975) in Section 8 of the James Bay and Northern Quebec Agreement.)

For the period of fifty (50) years commencing from April 1, 2002, Eeyou assume the obligations of Quebec concerning economic and community development under certain provisions of the James Bay and Northern Quebec Agreement.

For the period from April 1, 2002 to March 31, 2052, Québec shall pay to Eeyou of Eeyou Istchee an annual amount so that Eeyou may assume for that period the obligations of Québec, Hydro-Québec and la Société d’énergie de la Baie James to the Crees under certain provisions of the James Bay and Northern Québec Agreement concerning economic and community development.

The assumption of these obligations by Eeyou for Eeyou community and economic development with the annual payments from Quebec will definitely advance Eeyou governance as Eeyou local and regional governments and authorities will determine and control community and economic development.

The Eeyou governing authorities will exercise powers and jurisdiction for the economic development and community development of the Eeyou communities. In fact, particularly over the past three (3) decades, Eeyou governments have been exercising such powers and jurisdiction for economic and community development. The New Relationship Agreement facilitates and streamlines the exercise of such powers and jurisdiction in so far as Eeyou-Quebec relations are concerned.

The New Relationship Agreement refers to separate agreements between the Grand Council of the Crees (Eeyou Istchee) and Hydro-Québec. These separate agreements promise to promote and facilitate the participation of Eeyou in hydroelectric development in Eeyou Istchee through partnerships, employment and contracts.

The Government of Quebec has undertaken to promote and facilitate the participation of Eeyou in the development of other natural resources such as mining and forestry. This participation of Eeyou was intended in the JBNQA but not implemented.

Eeyou of Eeyou Istchee have agreed to suspend their lawsuits against the Government of Quebec in relation to matters that are purportedly settled by the New Relationship Agreement. In fact, the Government of Quebec hails the New Relationship Agreement as the “Paix des Braves.”

However, Eeyou of Eeyou Istchee must adopt and exercise a cautious and alert approach in the proper implementation of the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Quebec. After all, a peaceful, beneficial and effective nation-to-nation relationship is not simply about the absence of conflict but, most importantly, such a relationship is about the presence of social justice.

The New Relationship Agreement does not affect the obligations of Canada towards Eeyou including those stipulated in the James Bay and Northern Quebec Agreement. Under similar circumstances and for corresponding purposes, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority and the Government of Canada executed the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee.

3.6 Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee

On February 21, 2008, in Mistissini, Eeyou Istchee, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority and the Government of Canada signed the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee. Paragraph 2.1 of Chapter 2 of this agreement states the following principal purposes:

• to establish the basis for a new relationship between Canada and the Cree Nation;
• to improve implementation of the JBNQA and to provide for the amendment of certain provisions thereof;
• to commit Canada to recommend to Parliament amendments to the Cree-Naskapi (of Quebec) Act;
• to provide the process for negotiating an agreement and related legislation concerning a Cree Nation Government with powers and authorities beyond the scope of the Cree-Naskapi (of Quebec) Act and correlative amendments to the JBNQA and the CNQA. (Such negotiations, if successful, would expand Cree Nation governance beyond the CNQA powers by establishing the structures and powers of a Cree Nation Government and the relationship of such Government with Cree Bands and federal and provincial governments);
• to provide for the assumption by the CRA, and subsequently by the Cree Nation Government, of certain responsibilities of Canada under the JBNQA for the Term of this Agreement;
• to resolve the claims, grievances and other matters between Canada, the GCC(EI), the CRA and/or one or several Cree Bands as set out in this Agreement; and
• to resolve disputes between the Cree Nation and Canada concerning certain of Canada’s responsibilities under the JBNQA through the resolution, to the greatest extent possible, of legal proceedings, and to provide a framework for the resolution of future issues that may arise.

Chapter 3 of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee sets out the intent of Canada and the Crees to have Canada recognize and equip the CRA with the tools to act as regional government, and it also sets out the intent to further develop the Cree Nation Government in a subsequent phase of negotiations.

Furthermore, under the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee, Canada has undertaken to seek amendments to the Cree-Naskapi (of Quebec) Act (CNQA) to achieve the following objectives:

• To enable the Cree Regional Authority to receive and carry out the assumed federal responsibilities as listed in the Agreement;
• to improve implementation of the JBNQA and to provide for the amendment of certain provisions thereof;
• To equip the Cree Regional Authority with the by-law-making powers similar to those of the Cree Bands under the CNQA; and

• To expand Cree Nation Governance beyond the scope of the CNQA. (This latter objective is subject to successful negotiations between the Cree and Canada leading to a Governance Agreement, Governance Legislation and possible amendments to the JBNQA and to the CNQA.)

Bill C-28, An Act to Amend the Cree-Naskapi (of Quebec) Act, was introduced in the House of Commons on April 27, 2009. In particular, the legislation amends the Cree-Naskapi (of Quebec) Act, in respect of Cree Bands and Category IA land,

• to provide the Cree Regional Authority with additional responsibilities and powers, including by-law making powers; and
• to recognize the Cree of Oujé-Bougoumou as a separate Band and a local government under the Act.

In assuming certain responsibilities of the Government of Canada, the Cree Regional Authority has certain obligations in regard to the Cree Nation. For the term of Agreement, the CRA must assume the responsibilities of Canada under the JBNQA in regards to certain aspects of justice, certain Cree regional associations, training and employment services, community centres, essential sanitation services, fire protection and economic development. For this purpose, the CRA recently acquired new powers under the Cree-Naskapi (of Quebec) Act. These amendments came into force on February 1, 2010.

Under paragraph 3.10 of Chapter 3 of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee, the Cree Nation will develop a Constitution which shall reflect its values and beliefs, be effective as the fundamental law of the Cree Nation, and be consistent with the Governance Agreement.

The representatives of the Cree Nation of Eeyou Istchee are presently engaged in discussions with Canada and the Naskapis to review certain technical amendments to the Cree-Naskapi (of Quebec) Act and the JBNQA and to conclude an agreement respecting the Cree Nation Government.

3.7 Framework Agreement between the Crees of Eeyou Istchee and the Gouvernement du Quebec on Governance in the Eeyou Istchee James Bay Territory

The governance of Eeyou Istchee – historical and traditional territories – of Eeyou/Eenou has always been an issue of fundamental importance for Eeyou, Quebec and Canada. Governance of Eeyou Istchee was a critical issue in the court cases against Canada and Quebec and subsequently in the negotiations leading to the James Bay and Northern Quebec Agreement and its related Agreements concerning new Eeyou-Quebec-Canada relationships. The governance of Eeyou Istchee still remains an issue of fundamental importance for Eeyou/Eenou of Eeyou Istchee.

The governance of Eeyou Istchee has evolved tremendously, especially, over the past four (4) decades due to the implementation of the James Bay and Northern Quebec Agreement and Cree-Quebec and Cree-Canada new relationship agreements and unilateral legislative initiatives of Quebec such as the establishment of the James Bay Municipality (MBJ) and the Regional Conference of Elected Officers or “CRÉ.” These particular initiatives of Quebec, in effect, excluded the participation of Eeyou/Eenou in the governance of a substantial portion of Eeyou Istchee.

Consequently, in 1986, Eeyou of Eeyou Istchee initiated legal proceedings on allegations and conclusions against Quebec respecting Section 11B (James Bay Regional Zone Council) of the JBNQA.

Recently, Eeyou of Eeyou Istchee have negotiated and signed agreements concerning the governance of Eeyou Istchee with the Government of Quebec.

On May 27, 2011, in Quebec City, the Grand Council of the Crees (Eeyou Istchee) and the Government of Quebec signed the Framework Agreement between the Crees of Eeyou Istchee and the Gouvernement du Québec on Governance in the Eeyou Istchee James Bay Territory. This Framework Agreement has the following objectives:

• The exercise by the Crees of greater autonomy and greater responsibilities regarding the governance of Category IB and II lands, in particular with respect to governance powers of a local and regional concerning, among other things, the planning and use of the territory and resources;
• The modernization of the governance regimes at the regional level on Categories II and III lands situated in the Territory;
• The concrete participation by the Crees in the governance of the Category III lands within the Territory in partnership with the other residents of the Territory;
• The strengthening of the Nation-to-Nation relationship between the Cree Nation and the Quebec Nation, based on the common will of the parties to continue the development of the Territory for the benefit of the residents of the Territory and the entire population of Quebec and to seek the flourishing of the Crees within a context of growing modernization;

• The assumption of greater responsibility by the Cree Nation in relation to its political, governmental and economic development and, in so doing, the achievement of increased autonomy with a greater capacity to respond, in partnership with Quebec, to the needs of the Cree population;
• The definitive settlement or definitive withdrawal of certain legal proceedings and the settlement of the dispute between the Crees and Quebec.

The Cree Nation Government shall exercise jurisdictions, functions and powers over Category II lands under Quebec laws as outlined in this Agreement and provided for in the Final Agreement, with respect to, in particular, municipal management, management of natural resources and land management.

Moreover, the Cree Nation Government shall have the right, at its request, to exercise certain other jurisdictions, functions and powers, as adapted to take into account the context of Category II lands and the institutional capacity of the Crees. Such adaptations shall be subject to agreement between the Crees and Quebec.

The Municipalite de la Baie James (MBJ) shall be abolished and replaced by a public, regional government that shall be established by statute of Quebec with the name of “Gouvernement regional d’Eeyou Istchee Baie-James” in French, and “Eeyou Istchee James Bay Regional Government” in English (“Regional Government”).

The Regional Government shall succeed, upon its establishment, to the rights, powers, assets and obligations of the MBJ, in accordance with modalities to be determined in the Final Agreement.

The Regional Government shall have jurisdiction over the Category III lands now comprised in the territory of the MBJ. The governing structure of the Regional Government shall be composed of representatives of the Crees and of residents of the Municipalities as well as, during the first five years of operation of the Regional Government, representation of Quebec central government. The governing structure of the Regional Governance is a form of public governance.

The financial arrangements pertaining to the governance of Category II and III lands shall be determined in the Final Agreement.

3.8 Agreement on Governance in the Eeyou Istchee James Bay Territory Between the Crees of Eeyou Istchee and the Gouvernement du Québec

On July 24, 2012, Eeyou of Eeyou Istchee and the Government of Quebec signed the Agreement on Governance in the Eeyou Istchee James Bay Territory Between the Crees of Eeyou Istchee and the Gouvernement du Québec. This latter Agreement is also a settlement on certain legal proceedings initiated Eeyou of Eeyou Istchee against the Government of Québec.

The Agreement on Governance in the Eeyou Istchee James Bay Territory Between the Crees of Eeyou Istchee and the Gouvernement du Québec replaces the Framework Agreement Between the Crees of Eeyou Istchee and the Gouvernement du Quebec on Governance in the Eeyou Istchee James Bay Territory.

General Provisions
The Government of Quebec and the Crees of Eeyou Istchee agree to place emphasis in their relations on those aspects that unite them as well as on their common desire to continue the development of Northern Quebec and the self-fulfillment of the Cree Nation, which must continue to benefit from its rich cultural heritage, its language and its traditional way of life in a context of growing modernization.

Quebec and the Crees enter into a nation-to-nation agreement which will provide for the modernization of the governance regime in the Territory and the inclusion of the Crees in this governance regime.

The Agreement aims to promote greater autonomy and greater responsibility on the part of the Crees for governance on Category II Lands in the Territory, in particular with respect to land and resource planning and use.

This Agreement also provides for greater participation by the Crees in the governance of the Category III Lands in the Territory in partnership with the Jamésiens.

This Agreement is based on a governance model which relies on the principles of sustainable development, partnership and respect for the traditional way of life of the Crees in accordance with the provisions of the James Bay and Northern Quebec Agreement and the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Quebec concluded on February 7, 2002 (“Paix des Braves”) as well as the government orientations and policies as adapted to take into account the context of the Crees.

This Agreement marks another important stage in the new Nation-to-Nation relationship contemplated in the Paix des Braves, one that is open and respectful and that promotes a greater responsibility on the part of the Cree Nation for its own development within the context of greater autonomy.

This Agreement shall promote the emergence of Cree expertise in the fields of local and regional governance, land and resource planning and use, for the benefit of the Crees and of Quebec in general.

In order to promote the autonomy and development of the Cree Nation, to modernize the public governance regimes in the Territory and to ensure economic growth in the Territory for the benefit of all its residents and the entire population of Quebec, this Agreement has the following objects:

• the exercise by the Crees of greater autonomy and greater responsibilities regarding the governance on Category II Lands, in particular with respect to governance powers of a local, municipal and regional nature under Quebec laws concerning, among other things, the planning and use of the territory and resources;
• the modernization of the municipal and regional governance regimes under Quebec laws on Category III Lands in order to ensure the equitable representation and participation by the Crees and the Jamésiens;
• the definitive settlement or definitive withdrawal of the Legal Proceedings; and
• the definitive settlement of the dispute between the Crees and Quebec regarding (i) the Act to amend the James Bay Region Development Act and other legislative provisions and (ii) the Act respecting the Ministère du développement économique et régional et de la Recherche with respect to the Regional Conference of Elected Officers and the Regional Development Fund referred to, in part, in the notice of dispute dated April 17, 2007 sent by then Grand Chief Matthew Mukash to Minister Benoît Pelletier and in the exchange of letters dated February 25, 2010 between Grand Chief Dr. Matthew Coon Come and Premier Jean Charest.

Except when expressly provided in this Agreement, nothing in this Agreement or any complementary agreement amending the JBNQA or any legislation giving effect to this Agreement shall affect or prejudice or shall be interpreted in such a way as to affect, modify or prejudice the rights, privileges and benefits of the Crees and of Quebec under the JBNQA (including the continuation of the present system of Cree Traplines), the Paix des Braves or under any other agreement or undertaking to which the Crees and Quebec are parties.

The governance regimes provided for in this Agreement in respect of Category II Lands and Category III Lands shall not apply to the Category II Lands of Whapmagoostui and to the Cree family traditional territories, or Cree Traplines, north of the 55th parallel unless an agreement is reached to this effect between the Crees and Makivik Corporation and it is approved by Quebec.

Cree Governance on Category IB Lands
The Parties undertake to examine and to negotiate, within five (5) years of the coming into of this Agreement and in the context of the JBNQA, suitable arrangements with respect to Cree governance on Category IB Lands with the objective of ensuring its operational effectiveness, simplicity and technical and financial viability.

Cree Governance on Category II Lands

The Cree Regional Authority shall continue to exist as the same legal person. It shall be designated under the name “Eeyou Tapayatachesoo” in Cree, “Cree Nation Government” in English and “Gouvernement de la nation crie” in French. Its structure and composition shall remain as at present until otherwise agreed by the Parties.

The Cree Nation Government may exercise jurisdictions, functions and powers, and shall, if applicable, assume the obligations related thereto, over Category II Lands under Québec laws with respect to:

• municipal and regional management, management of natural resources and management of land, as provided for in this Agreement;
• any other matter that may be agreed from time to time by the Cree Nation Government and Quebec.

It may also exercise the jurisdictions, functions and powers attributed immediately before the coming into force of this Agreement to the Municipalité de Baie-James and the James Bay Regional Zone Council in respect of Category II Lands.

The Cree Nation Government may, by resolution, declare with respect to all or any part of Category II Lands that it shall exercise any of the jurisdictions, powers and functions attributed from time to time by the law to an MRC (a regional county municipality), with regard to any of the following matters:

• the planning of land use and development in its territory, as provided for in the Act respecting land use planning and development or any successor legislation including, in particular, the development of a land use and development plan, a strategic vision for economic, social, cultural and environmental development and the other elements pertinent for the planning exercise provided for in the Land Use Act. Such land use and development plan and strategic vision shall be consistent with the policies, principles and objectives to be determined by the Cree Nation Government in consultation with the Cree Communities and with the concurrence of Quebec;
• regional economic development;
• territorial development plans;
• establishment of a fund to provide financial support for operations to develop land or forest resources;
• management of watercourses and lakes;
• establishment and management of regional parks;
• power;
• planning of residual matter (waste) disposal;
• any other jurisdiction, function or power that is attributed or may be attributed from time to time to an MRC or successor body pursuant to the laws of Quebec.

The Cree Nation Government may exercise the powers of an MRC (a regional county municipality) with respect to the promotion of local development and entrepreneurial support within Category I Lands and Category II Lands and with respect to the residents thereof. To that end, the Cree Nation Government may more particularly:

• offer a full range of front-line services to businesses, possibly in partnership with persons or bodies including those from the private sector, by grouping or coordinating those services and providing funding for them;
• develop a local plan of action to stimulate the economy and create employment taking into account the five-year development plan established by the CRÉ (Regional Conference of Elected Officers) in its territory and see to the implementation of the local plan of action;
• formulate, in keeping with the policies, principles and objectives determined by the Cree Nation Government in consultation with the Cree Communities, a strategy for the development of entrepreneurship, including social economy entrepreneurship; and
• act as an advisory body for the benefit of the local employment centre serving its territory.

As soon as possible after the coming into force of this Agreement, the James Bay Regional Zone Council shall be dissolved and its rights, functions, assets and liabilities shall vest in the Cree Nation Government.

The Cree Nation Government shall be deemed to act as a Regional Conference of Elected Officers (CRE-CNG) for the Crees and with respect to Category I Lands and Category II Lands.

The Cree Nation Government, in consultation with the Cree Communities, may exercise all the powers and have all the responsibilities of a CRÉ (Regional Conference of Elected Officers) and a CRRNT (Regional Land and Natural Resource Commission), as provided for in Quebec laws. In this regard, the Cree Nation Government may:

• act as primary interlocutor of Quebec as regards regional development;
• evaluate local and regional planning and development bodies;
• promote concerted action among partners in the region;
• give advice to the ministre des Affaires municipales, des Régions et de l’Occupation du territoire on regional development matters;
• establish a five-year development plan that identifies general and specific development objectives for the region;
• enter into specific agreements with government departments or bodies and other partners, to exercise its powers and responsibilities;
• administer the funds entrusted to it by Quebec under an agreement for the carrying out of any regional development project under the authority of the Minister who has signed the agreement;

• assume, where applicable, the management of a part of the Regional Development Fund in accordance with the provisions of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire;
• prepare a Regional Land and Resource Use Plan, which shall have at least the same scope as a Regional Plan for Integrated Land and Resource Development;
• assume any other power and responsibility as may be attributed from time to time to a CRÉ (Regional Conference of Elected Officers)or CRRNT (Regional Land and Natural Resource Commission) or their successor bodies.

The Cree Nation Government shall exercise its jurisdictions, functions and powers taking into account the following:

• the policies, principles and objectives to be determined by the Cree Nation Government in consultation with the Cree Communities and with the concurrence of Quebec;
• the special vocation of Category II Lands for the Crees under the JBNQA; and
• the status of Category II Lands as lands in the domain of the State (subject to the provisions of the JBNQA, including Sections 5 and 24), concerning, in particular, public access to lands in the domain of the State and free circulation, having due regard to Cree harvesting rights and land use and occupation on Category II Lands.

Quebec undertakes to negotiate, at the latest by March 31, 2013 or within such longer period as the Parties may agree, an agreement with the Cree Nation Government, pursuant to which the Cree Nation Government may assume management responsibilities for sand and gravel on Category II Lands.

Quebec shall fund the Cree Nation Government in accordance with five-year funding agreements, the first of which is set forth in this Agreement. The Crees and Quebec shall negotiate and agree on subsequent five-year funding arrangements.

The Cree Nation Government shall possess all the powers required to fulfill the obligations stipulated in an agreement to which it is party with Québec, one of its ministers and agencies or with a mandatory of the State.

Governance on Category III Lands
Upon the coming into force of the legislation mentioned in this Agreement, the Municipalité de Baie-James shall cease to exist and shall be replaced by a public regional government established by statute of Quebec. This legal person in the public interest shall be a municipal body under the name of “Gouvernement régional d’Eeyou Istchee Baie-James.” The Regional Government may also be designated by the name of “Eenou Chishaauchimaau,” in Cree, and of “Eeyou Istchee James Bay Regional Government,” in English. The Regional Government shall comprise representation of the Crees and the Jamésiens as provided for in this Agreement.

The Regional Government shall, subject to certain provisions of this Agreement, have jurisdiction over the Category III Lands situated in the Territory.

The governing structure of the Regional Government shall be a council composed of representatives of the Crees and of the Jamésiens as well as, during the first five years of operation of the Regional Government, a representative of Quebec. The representation of Quebec shall be reassessed after the first five years of operation.

During the first five years of operation, the Crees and the Jamésiens shall have parity of votes on the council of the Regional Government. The council of the Regional Government shall comprise 22 seats and 44 votes, allocated equally between the Crees and the Jamésiens. An additional seat shall be allocated for Quebec, without the right to vote.

The representatives of the Crees shall be designated by the Crees from among their elected officers. The representatives of the Jamésiens shall be designated by Quebec from among the members of the councils of the Municipalities and the residents of the Territory. The allocation of votes among the representatives of the Jamésiens shall be determined by Quebec, taking into account, in particular, the demographic weight of each of the Municipalities and of the residents of the Territory.

After the first ten years of operation of the Regional Government, representation and voting rights of the Crees and the Jamésiens on the council of the Regional Government shall be based on resident population in accordance with a formula to be agreed by the Crees and Quebec based on democratic principles and demographic realities. Thereafter, representation of the Crees and of the Jamésiens on the council of the Regional Government shall be reassessed every ten (10) years.

The Regional Government shall act through its council in exercising its powers and carrying out its duties. The council shall act by resolution, except where required by this Agreement or by law to act by by-law. By-laws may be enacted and resolutions adopted only at council meetings.

Subject to this Agreement, the council may make and enforce rules and regulations for its internal government and for the maintenance of order during its meetings.

Cree and French shall be the principal languages of the Regional Government. However, the Regional Government may use either French or English in its internal communications and language of work.

A citizen may communicate verbally or in writing with the Regional Government, including at meetings of the council, in Cree, English or French.

Texts and documents intended for Cree individuals or for the Cree population in general shall be translated into Cree and English, including any document enabling the users to exercise a right or meet an obligation.

The Regional Government shall possess and exercise the same jurisdictions, functions and powers on Category III Lands as those currently attributed to the Municipalité de Baie-James, save for the provisions thereof inconsistent with the provisions of this Agreement and of the law constituting the Regional Government.

In addition to the jurisdictions, functions and powers attributed to it hereinafter, the Regional Government may assume and exercise any other jurisdiction, function and power that may be the object of an agreement from time to time between the Regional Government and Quebec.

The Regional Government may, by resolution, declare with respect to all or any part of Category III Lands that it shall exercise any jurisdiction, function and power attributable by law to an MRC (a regional county municipality within the meaning of the Act respecting Municipal territorial organization “Municipalité de comté régionale” or “MRC”) with regard to any of the following matters:

• the planning of land use and development in the Territory, as provided for in the Land Use Act, including, in particular, the development of a land use and development plan, a strategic vision for economic, social, cultural and environmental development and the other elements pertinent for the planning exercise provided for in the Land Use Act. The land use and development plan shall comply

with the governmental orientations regarding land use developed in the framework of its law with regard to all or any part of Category III Lands. In developing these orientations, Quebec shall take account, in particular, of the specific character of these lands, the participation of the Crees and Jamésiens in their management as well as the particular issues related to the development of the resources in a perspective of sustainable development, the whole in concurrence with the Regional Government;

• regional economic development;
• establishment of a fund to provide financial support for operations to develop land or forest resources;
• management of watercourses and lakes;
• establishment and management of regional parks;
• power;
• planning of residual matter (waste) disposal;
• any other jurisdiction, function or power that may be attributed from time to time to an MRC (Regional County Municipality) or successor body pursuant to the laws of Quebec.

Subject to provisions regarding the CRÉ-BJ (the Regional Conference of Elected Officers established for the territory of the Municipalité de Baie-James and the territories of the cities of Chapais, Chibougamau, Lebel-sur-Quévillon and Matagami) in this Agreement, the Regional Government shall, with respect to Category III Lands, exercise all the powers and have all the responsibilities of a CRÉ (Regional Conference of Elected Officers), as provided for in Quebec laws.

The Regional Government shall exercise the functions of a CRRNT (Regional Land and Natural Resource Commission), including the preparation of a PRDIRT (Regional Plan for Integrated Land and Resource Development), in respect of:

• Category III Lands; and
• the public lands situated in the territory of the Municipalities.

In this capacity, the Regional Government shall consult the Cree Nation Government with a view to harmonizing, as much as possible, its PRDIRT (Regional Plan for Integrated Land and Resource Development) and the RLRUP (Regional Land and Resource Use Plan) of the Cree Nation Government.

Quebec and the Regional Government may negotiate the terms and conditions regarding the participation of the Regional Government in the preparation of the PATP (Public Land Use Plan) on Category III Lands.

The Regional Government shall possess all the powers required to fulfill the obligations stipulated in an agreement to which it is party with the Government of Quebec or, if the agreement at issue is one excluded from the application of the Act respecting the Ministère du Conseil Exécutif or for the conclusion of which prior authorization was obtained under this Act, with the Government of Canada or one of its ministers, agencies or mandataries.

Funding shall be provided by Quebec to support the Eeyou Istchee James Bay Regional Government in the manner stated in this Agreement.

The Legal Proceedings shall be definitively discontinued by the Cree parties thereto without costs, and Quebec undertakes to accept such discontinuance, without costs. The Dispute shall be definitively settled by the Cree parties thereto without costs, and Quebec undertakes to accept such settlement, without costs.

The Parties undertake to negotiate, within six (6) months of the coming of this Agreement, a complementary agreement to the JBNQA so as to include therein, in particular, the provisions of this Agreement.

Quebec undertakes to submit to and to recommend to the Assemblée nationale the special legislation relating to this Agreement and the amendments to its laws of general or specific application in order to ensure their consistency with this Agreement and the complementary agreement mentioned in this Agreement. Quebec shall make its best efforts to recommend this special legislation and these amendments to the Assemblée nationale without delay after the coming into force of this Agreement. Quebec shall consult the Cree Regional Authority with respect to the legislation to be recommended prior to the submission thereof to the Assemblée nationale.

This Agreement is neither a treaty nor a land claim agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982. However, the provisions of this Agreement that will be incorporated into the JBNQA shall have constitutional protection under sections 25 and 35 of the Constitution Act, 1982 once the required amendments have been made to the JBNQA in accordance with this Agreement.

3.9 Bill 42 – An Act establishing the Eeyou Istchee James Bay Regional Government and introducing certain legislative amendments concerning the Cree Nation Government

On June 13, 2013, the Assemblée nationale enacted and adopted Bill 42 – An Act establishing the Eeyou Istchee James Bay Regional Government and introducing certain legislative amendments concerning the Cree Nation Government.

Grand Chief Dr. Matthew Coon Come of the Grand Council of the Crees (Eeyou Istchee), in his statement to the Committee on Planning and the Public Domain of the National Assembly of Quebec on Bill 42, stated:

“Bill 42 is the legislation that will implement the Agreement on Governance in the Eeyou Istchee James Bay Territory. Bill 42 is therefore legislation of fundamental importance, for it will define a new partnership in governance between the Cree Nation of Eeyou Istchee, our neighbours, the Jamésiens, the Gouvernement du Québec and all Québeckers.”

This bill establishes the Eeyou Istchee James Bay Regional Government in the stead of the Municipalité de Baie-James, as of 1 January 2014. It provides that the Eeyou Istchee James Bay Regional Government is a municipal body governed by the Cities and Towns Act, subject to the special provisions it sets out, and that the Regional Government has jurisdiction over Category III lands, that is, the territory of Municipalité de Baie-James as it existed on December 31, 2013, except for the Category II lands.

Rules governing the Regional Government’s council, in particular, rules concerning the council’s composition, the manner in which its members are designated and the distribution of votes among them are set out. For the first ten (10) years of operation of the Regional Government, representation and votes will be allocated equally between the Cree and Jamésiens. This allocation will be reviewed every ten (10) years in accordance with a formula to be agreed based on democratic principles and demographic realities. Until such an agreement has been entered into and implemented by legislation, the Cree and Jamésiens will continue to have equal representation and votes in the council. During the first five (5) years, Quebec will have non-voting representation on the council.

The Regional Government maintains essentially the powers currently exercised by Municipalité de Baie-James and may, in addition, affirm its jurisdiction regarding fields of jurisdiction belonging to a regional county municipality. The Regional Government may also, when requested to do so by the Cree community or the municipality concerned, affirm its jurisdiction regarding any municipal, local or regional jurisdiction on the territory of the Cree communities or the territory of Ville de Chibougamau, Ville de Chapais, Ville de Lebel-sur-Quévillon or Ville de Matagami, which are designated as the enclosed municipalities.

The Regional Government is deemed to act as a regional conference of elected officers for its territory and, where the functions exercised by a regional land and natural resource commission are concerned, it also acts in that capacity for the territory of the four enclosed municipalities.

In cases where the Regional Government affirms its jurisdiction regarding land use, specific government policy directions must be established by the Gouvernement du Québec in consultation with the Regional Government.

The Act respecting the Cree Regional Authority is amended so that the Cree Regional Authority will be known, as of January 1, 2014, as the Cree Nation Government. Certain powers with respect to Category II lands are assigned to the Cree Nation Government. In particular, it is provided that the Cree Nation Government may affirm its jurisdiction over all or part of Category II lands, with respect to any field of jurisdiction attributed by an Act to a local municipality or a regional county municipality.

If the Cree Nation Government affirms its jurisdiction with respect to the strategic vision statement and the land use planning and development plan mentioned in the Act respecting land use planning and development, these documents must be consistent with the policy directions, principles and objectives the Cree Nation Government determines, in consultation with the Cree communities and with the approval of the Gouvernement du Québec. The documents must be approved by the Minister of Municipal Affairs, Regions and Land Occupancy.

The Cree Nation Government is deemed to act as a regional conference of elected officers for the Cree and with respect to Category I and Category II lands. In that capacity, it establishes the Eeyou Planning Commission in lieu of the regional land and natural resource commission provided for in the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire. The Commission’s function is to prepare a regional land and resource use plan for Category II lands, which replaces the regional plan for integrated land and resource development provided for in that Act. A specific process by which this plan is submitted to the approval of the Minister of Natural Resources is set out.

The Cree Nation Government is invited to take part in the development of the public land use plan for Category II lands and a specific procedure is established for that purpose.

With regard to local development, the regional conference of elected officers for James Bay and the Cree Nation Government may enter into agreements with the minister responsible for agreements concerning local development centres, the regional conference of elected officers may provide for the financing of its local development centre through contributions made by the Regional Government and the four enclosed municipalities, and the Cree Nation Government may exercise jurisdiction over local development, instead of entrusting it to a centre. In doing so, the Cree Nation Government must take into account the policy directions, strategies and objectives it determines in consultation with the Cree communities.

The James Bay Region Development and Municipal Organization Act is amended to, among other things, encourage the Regional Government and the Cree Nation Government to participate in the activities of the Société de développement de la Baie James.

Lastly, various consequential, transitional and final provisions are introduced.

On January 1, 2014, the Act establishing the Eeyou Istchee James Bay Regional Government and introducing certain legislative amendments concerning the Cree Nation Government came into force.

The Cree Regional Authority became known as the Cree Nation Government and the Eeyou Istchee James Bay Regional Government was established in the stead of the Municipalité de Baie-James.

Recommendation 1 (2012)

The current negotiations between the Grand Council of the Crees (Eeyou Istchee) and Canada should address the legislative power of the Cree Nation Government to adopt laws with rules that would apply uniformly in all Cree communities and would govern family matters such as certain aspects of matrimonial real property on Category IA lands.

Canada’s Response (2014)

Although the negotiations are on hold, Canada and the Cree agree that matrimonial property on Category IA lands is an important issue that has to be addressed so that rules governing family matters apply uniformly in all Cree communities.

Commission Comment

The Commission feels that since the parties agree that it is “an important issue that has to be addressed” they will be able to address it in the very near future. We look forward to the outcome of this work.

The Cree-Naskapi Commission released a Discussion Paper in October of 2012 entitled: Eeyou/Eenou First Nations (Traditional and Customary) Law Respecting Family and Related Issues. This paper expressed the view of the Commission, both then and now that,“... the Cree and Naskapi governments already have the legislative tools necessary to make laws in relation to matrimonial real property on Category IA and IA-N lands.” The Commission believes that the recently enacted Matrimonial Property on Reserve legislation has no application to

Category IA or IA-N lands. We believe that specific provisions of the present Cree-Naskapi (of Quebec) Act, as well as inherent rights provide more than adequate authority to address these issues. Should the present negotiations fail to produce satisfactory results, the Commission would suggest that the Cree and Naskapi authorities exercise the powers and jurisdiction which we believe they already possess. Note: For a more comprehensive explanation of the Commission’s views on this issue, the Discussion Paper can be seen on our website www.creenaskapicommission.net under ‘Discussion Papers, 3’.

Recommendation 2 (2012)

Canada and the Grand Council of the Crees (Eeyou Istchee) should establish a Working Group with a mandate to produce a document on the interpretation and application of the Cree-Naskapi (of Quebec) Act.

Canada’s Response (2014)

Canada is aware that there are several documents already in existence prepared by the Cree-Naskapi Commission that explain the Cree-Naskapi (of Quebec) Act. These include: “A Plain Language Summary of the Cree-Naskapi (of Quebec) Act” (1993) and “A Summary of the Cree-Naskapi (of Quebec) Act” (2012). Both documents are available on the Cree-Naskapi Commission’s website. Canada believes that these documents are sufficient to explain the Act. However, should the Cree-Naskapi Commission form a working group with the Grand Council of the Crees (Eeyou Istchee) to produce a document as proposed in their recommendation, Canada would be willing to participate.

Commission Comment

The documents which the Commission has prepared reflect our understanding of the meaning of the Act in laymen’s terms. What might be more valuable is a document which reflects the understanding of the Crees, the Naskapi and Canada as this might assist in minimizing future disagreement about the Act. Independent legal advice would be a valuable addition to such a document.

Recommendation 3 (2012)

The Government of Canada should expand the mandate of its negotiator for the present Grand Council of the Crees (Eeyou Isthcee) – Canada negotiations to include discussions on other amendments to the Cree-Naskapi (of Quebec) Act in order to accommodate the the present concerns and needs of the local Cree governments and administrations.

Canada’s Response (2014)

A working group was established in 2009 shortly after the coming into force of Bill C-28, An Act to Amend the Cree-Naskapi (of Quebec) Act to examine the additional amendments that the Cree, Naskapi and Canada wish to make to the Cree-Naskapi (of Quebec) Act. The most recent meeting of the working group was June 3, 2013. Canada is currently waiting for a response from the Cree and the Naskapi on Canada’s analysis of the proposed amendments. Any changes to the Cree-Naskapi (of Quebec) Act will require the approval of both the Cree and the Naskapi. The approval of the Inuit of Chisasibe (Fort George) will be needed for any changes that may affect them.

Commission Comment

The Commission looks forward to hearing of progress in this area, particularly since the communities have been raising matters which require amendments for many years. These issues (such as an adjustment of the various quorum requirements in the Act) have formed the basis of recommendations in our biennial reports for many years. The communities raised many of these issues again at the 2014 Special Implementation Hearings. The Act has been in force for 30 years and revisions to remove some of the impediments to effective local governance need to be addressed on an urgent basis.

Recommendation 4 (2012)

Representatives of the Government of Canada, the Government of Quebec and the Eeyou of Eeyou Istchee (Grand Council of the Crees(Eeyou Istchee)) and the Cree First Nation of Waswanipi should initiate discussions for the recognition and designation of the “old post” of Waswanipi as an historic or heritage site.

Canada’s Response (2014)

Canada, Quebec, the Cree Regional Authority and Waswanipi are working on finalizing the territorial description of Waswanipi. We are currently waiting for Waswanipi’s position for the reconfiguration of their community. We understand that the community has requested that the “old post” be transformed into Category IA land. At this time it seems acceptable to Canada. An environmental site assessment (ESA) was done in the fall of 2013. We are waiting for the results of the ESA. If there is no contamination, we will proceed with the land survey during the summer of 2014. Under the CNQA, Waswanipi will have to confirm their position through a referendum.

Once the territory is transformed into Category IA land, Waswanipi will be at liberty to designate the land as an historic site. It is Canada’s position that any changes to a territorial description cannot result in an increase in funding.

Commission Comment

The results of the Environmental Site Assessment should be available quickly. Hopefully the process can be completed shortly after that.

Recommendation 5 (2012)

A Working Group consisting of representatives of Canada, the Eeyou of Eeyou Istchee and the Cree-Naskapi Commission should be established to review and address the past and present issues and concerns raised by the Eeyou communities and the Grand Council of the Crees (Eeyou Istchee) in the reports of the Commission.

Canada’s Response (2014)

In 2008, the New Relationship Agreement established the Cree-Canada Standing Liaison Committee. This Committee is made up of representatives of Canada, the Cree Regional Authority and the Cree Nation Government. As a precursor to the Cree-Canada Standing Liaison Committee, there is the Cree-Canada Operational Table. The objective of the Table is to act as a forum between the Cree Nation and Canada to strive for mutually acceptable solutions to any matters being brought forward in relations (sic) to the interpretation or implementation of the James Bay and Northern Quebec Agreement (JBNQA).

In the past five years, the Table has proven to be a very productive forum for discussions and for finding viable solutions. It is thus recommended that the Cree communities bring their issues to the Cree Nation Government so that they can be discussed at the Operational Table. As appropriate, meeting with the Cree-Naskapi Commission can be called to have more in-depth discussions.

Commission Comment

The work of the Operations Table is important and the fact that it is working productively is beneficial to all concerned. The role of the Commission in making recommendations as described in the Cree-Naskapi (of Quebec) Act is quite distinct from the role of the Cree-Canada Standing Liaison Committee. It is important for individuals and communities to be aware of how each of these bodies can serve their needs without confused or overlapping expectations. Because of the importance of various institutions working together efficiently to support the work of the Cree Nation Government and the Naskapi Nation, this issue has been addressed in the “Chairman’s Message” section of the present report.

Recommendation 7 (2012)

The Eeyou of Eeyou Istchee, through their local and regional authorities, conduct negotiations and discussions to address the current and future housing needs of the Eeyou communities of the Eeyou of Eeyou Istchee in their current new relationships with Canada and Quebec.

Recommendation 9 (2012)

The Naskapi Nation of Kawawachikamach commence negotiations and discussions to address its current and future housing needs with Canada and Quebec.

(Canada responded to recommendation 7 and 9 together.)

Canada’s Response (2014)

Currently, in the Cree and Naskapi communities, there is still no housing inventory in place to assess the needs and/or to be used as a strategic planning basis. The Assembly of First Nations of Quebec and Labrador completed an update of their housing needs study for 2012 which includes Cree and Naskapi profiles. There is the annual conference on housing for First Nations, and the Cree participate in the sharing of information and best practices. There is also a tripartite committee on housing, with representatives from First Nations, Aboriginal Affairs and Northern Development Canada and Canada Mortgage and Housing Corporation, for a number of years the Cree were invited to take part and they attended for the first time in 2013. We encourage communities to continue to put the issue to the Cree Regional Authority (CRA).

AANDC’s subsidy for housing has been incorporated into the block-funded Capital Agreements with the CRA and the Naskapi. It is considered the most appropriate approach as it affords the responsibility and flexibility to make the necessary decisions with the funds available.

In 2013, the Cree Capital Agreement was renewed by the CRA and AANDC for five years (2013–2018). The current 2010–2015 Capital Agreement with the Naskapi will expire on March 31, 2015. Discussions on a renewed five-year agreement will begin in February 2014.

In addition, the Cree and Naskapi receive separate allocations for housing from Canada Mortgage and Housing Corporation. It is important to note that with CMHC’s adoption of a new national allocation model based on core needs, regional allocations have been significantly impacted. Although budgets were reduced, the Cree’s and Naskapi’s respective shares were maintained (32% and 4% respectively).

As you know, Canada is not responsible to meet the full cost of housing. AANDC provides assistance to support the development of housing. However, it seems clear that the current housing model is not adequate to meet the rising need. Canada believes that the Cree and Naskapi must look beyond the current social housing models (i.e. private ownership, coop housing, rent-to-own). Without a new approach this problem will persist.

Commission Comment

Housing shortages, in some communities at crisis levels, have been a perennial problem for the Cree and Naskapi. Leaders and community members have come before the Commission time and again to ask us to highlight this issue in our reports. Recommendations on housing have been made in our reports in 2000, 2002, 2004, 2006, 2008, 2010 and 2012. The issue was raised again at our Special Implementation Hearings in 2014 and is one of our recommendations again this year.

Canada’s assertion that, “there is still no housing inventory in place… .” is not consistent with our understanding of the facts. Canada’s suggestion that, “We encourage communities to continue to put the issue to the Cree Regional Authority.” is unhelpful. The CRA has long been very much aware of the issue. Canada acknowledges that, “… budgets were reduced…” and therein lies the problem. Based upon information later supplied by Aboriginal Affairs and Northern Development, the cuts have been dramatic. While the year-over-year reduction from 2012–2013 to 2013–2014 was from 14 units to 10 units (Cree) and from 2 units to 1 unit

(Naskapi), the trend over the longer term has been even more severe. In 2004 the funding was $13.6 million; in 2005 it was $10 million and in 2012 it was $7.4 million. Housing units cannot be built without adequate funds.

During the same period the increase in the population of the Cree and Naskapi communities has been dramatic. Insofar as the suggestion that “...the Cree and Naskapi must look beyond the current social housing models (i.e. private ownership, co-op housing, rent to own etc.)”, is not helpful. In fact using other approaches is already becoming increasingly common as families achieve the financial ability for private ownership.

Unfortunately for the vast majority, private ownership is not yet a viable option. The need for “social housing” will continue (as it does elsewhere in Canada) until all families are in a position to fully meet their own needs for adequate accommodation. The fundamental nature and extent of the housing issue in the Cree communities can be summed up by four principal points:

• The Cree Plan developed in 2005 was comprehensive and detailed. Unfortunately Canada denied any responsibility to provide housing either under the JBNQA or otherwise to the Cree communities.
• “Discretionary” funding from the federal government for housing for the Cree, the Naskapi and other First Nations has been severely reduced. The CMHC envelope for example allows the Cree to address only 10% of the annual growth in demand and fails entirely to address the existing backlog of approximately 3,000 units.
• The Cree Nation Government has limited resources available through the New Relationship Agreement for housing but these resources are well short of the hundreds of millions required.
• Suggestions about the need to move away from “social housing” are agreed to by all parties, but limited resources mean that the transition will take time and that the immediate needs are urgent.

Recommendation 10 (2012)

The present configuration of the Category I and II lands of the Cree Nation of Waswanipi should be changed through negotiations with Quebec and Canada to reflect the needs and aspirations of the people of Waswanipi. (Such negotiations are contemplated in the Agreement Concerning a New Relationship between le Gouvernment du Quebec and the Crees of Quebec.)

Canada’s Response (2014)

As stated in the Recommendation #4 answer, Canada, Quebec, the CRA and Waswanipi are negotiating the finalization of the territorial description of Category I and II boundaries. We expect Waswanipi to present a proposal in the first quarter of the next fiscal year. Some progress has been made on this file. Waswanipi’s environmental site assessment of the Old Post of Waswanipi was carried out during the two last week of October 2013. Canada will proceed with the survey of the Old Post of Waswanipi when the snow has melted and we will then be ready to start the land transfer process. I understand that this file is progressing quite well.

Commission Comment

The Commission looks forward to the successful conclusion of this matter in the near future.

Recommendation 12 (2012)

Canada, the Eeyou of Eeyou Istchee and the Naskapi Nation of Kawawachkamach should jointly produce a document on the issues and concerns respecting the application of and amendments to the Cree-Naskapi (of Quebec) Act. (The Commission would be willing to assist in this process.)

Canada’s Response (2014)

A Working Group was established in 2009 shortly after the coming into force of Bill C-28, An Act to Amend the Cree-Naskapi (of Quebec) Act to examine the additional amendments that the Cree, Naskapi and Canada wish to make to the Cree-Naskapi (of Quebec) Act. In June 2012 the Working Group reconvened when Canada received a consolidated list of amendments from the Cree and the Naskapi. Canada is currently analyzing their list and carrying out research on the feasibility of some of the amendments. The most recent meeting of the Working Group was on June 3, 2013, and plans are underway for another meeting in February-March 2014. Canada is currently working on seeking the required authorities in order to make amendments to the Act.

Commission Comment

The Commission is especially interested in the resulting amendments especially because the communities have raised a number of specific concerns which have formed the basis of recommendations in many of our past reports and continued to raise them at our Special Implementation Hearings this year.

Recommendation 14 (2012)

Canada and the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority should conduct negotiations and discussions to address the needs of the Eeyou youth for programs and services in the Eeyou communities. (See also our comments on Canada’s Response to Recommendation 3, above.)

Canada’s Response (2014)

Canada provides funding to the GCC/CRA for youth programming and services through the Operations and Management Agreement and the Capital Agreement. Part of the funding for the signing of the New Relationship Agreement in 2008 is for youth-related services. Canada also provides program funding for youth within Cree communities. For example, Health Canada and AANDC provide program funding aimed at youth by way of the Brighter Futures and the New Paths for Education programs. Canada is open to dialogue with the GCC/CRA to ensure the effectiveness of funding and programs for youth within Eeyou communities.

Commission Comment

The issue of funding for youth programs and services is longstanding. It is in some ways an example of the wider problems of financing self-government. It virtually never happens that overall funding is adequate to meet overall needs of First Nations governments. This is particularly true because First Nations governments are generally confronted with health, education, housing, infrastructure, economic and social challenges of a much greater magnitude, relative to their populations, than are other governments in Canada. In general the financial resources available to them are less than those available to other governments. Despite many notable improvements, the Cree and the Naskapi are still largely faced by this reality.

A second reality is that all governments are forced to prioritize their expenditures. In circumstances of intense fiscal pressures, even some “essential” expenditures are displaced or curtailed by “extremely essential” needs. The problem is that programs and services that are merely “needed” are scaled down or postponed until such time as their absence becomes a crisis. The issues which confront youth in Cree and Naskapi communities are in urgent need of addressing and can no longer be on the “back burner” of funding priorities.

Recommendation 15 (2012)

The Commission repeats its recommendation from its 2010 Report that “Block D” should be transferred to the Cree Nation of Chisasibi forthwith.

Canada’s Response (2014)

Under the Canada-Cree New Relationship Agreement (2008), Canada agreed in principle to accept the transfer of the lands known as Block D subject to certain issues related to the restoration of these lands. As decided by Chisasibi, Canada and Quebec, the Block D lands would be transferred in two phases (Phases 1 and 2) because remediation work is required for Phase 2 lands. In 2012, discussions on the transfer of the administration, management and control of Phase 1 by Quebec to Canada were successfully concluded. The Phase 1 lands represent the larger area of Block D (94%). Quebec approved, on November 27, 2013, the transfer of Phase 1 lands to Canada on November 27, 2013. Canada will proceed with a federal Order in Council to set aside these lands as Chisasibi Category IA lands. Discussions on the remediation of the Phase 2 lands (6%) are underway between the parties.

Commission Comment

The Cree-Naskapi Commission has been following the “Block D” issue for many years. The matter was raised in the 2000 Report of the Cree-Naskapi Commission as Recommendation #31, in the 2002 report as #14, in 2004 it was #20, in 2006 it was #12, in 2008 it was raised yet again as #6, by 2010 it had become #5 and finally in 2012 it was #15. After such a long history of making the same recommendation, it is gratifying to see that Phase 1 of the transfer, representing the transfer of 94% of the land, is almost complete. The Commission hopes that it will be possible to report by its 2016 report that the matter is finally concluded.

Recommendation 16 (2012)

Canada and the Naskapi Nation of Kawawachikamach discuss and negotiate the funding for the project regarding the community’s sewage treatment on the basis of the letter, intent and spirit of the terms and provisions of the Northeastern Quebec Agreement.

Canada’s Response (2014)

It is important to note that the Naskapi Nation has access to regular federal grant funding for water and waste water. They also have access to the federal funding from any new initiative as long as they meet the applicable criteria.

As such, Aboriginal Affairs and Northern Development Canada’s Quebec regional office has been in discussions/negotiations with the Naskapi Nation of Kawawachikamach since 2011 to increase the community’s capacity to treat waste water in their community. Those discussions took place under the framework of the Water Strategy. We are currently waiting for confirmation on the Water Strategy renewal for the 2014-2015 fiscal year. This means that all projects will be prioritized and submitted for approval under a specific set of criteria.

Commission Comment

The Cree-Naskapi Commission will continue to monitor this situation as the issues of water quality and the closely related issue of waste water management is not only a matter of increasing urgency for the Naskapi but has in recent years acquired a national dimension, affecting First Nations in all parts of the country. Hopefully the Water Strategy will be renewed in the 2014–2015 fiscal year and will have adequate available resources to address this critical health infrastructure matter.

Recommendation 21 (2012)

In particular, strategies need to be developed and implemented to strengthen Eeyou governing capacities for meaningful and effective governance. The Cree-Naskapi Commission suggests that such strategies encompass the following;

• education and awareness on governance such as orientation sessions for newly elected council members and manuals for local governments (The Commission would be willing to assist in the development and provision of such orientation sessions.);
• training needs and programs such as training of Electoral Officers and other officials of the local Cree Nation governments;
• human resource development;

• establishment of formalized systems for Eeyou government accountability and responsibility to maintain integrity in government and public confidence (To the extent deemed appropriate by the Eeyou, strategies for accountability and responsibility in Eeyou government should reflect and build upon Eeyou customs, traditions and values.);
• developing the internal capacities of their governments for political, financial and administrative accountability;
• securing sufficient financial resources and suitable fiscal arrangements that should be structured to provide for Eeyou self-reliance, equity and efficiency;
• assuring a resource base upon which economic self-reliance and local autonomy can be based; and
• seeking and achieving amendments to existing legislation such as the Cree-Naskapi (of Quebec) Act to improve governance, local administration and decision-making.

Canada’s Response (2014)

Canada is in discussions with the Cree and Naskapi on amendments to the Cree-Naskapi (of Quebec) Act. The amendments proposed by the Cree and Naskapi aim to remove the quorum requirements for elector approval on a number of local by-laws including: land cessions; referendums for borrowing; zoning by-laws; holding of general elections; by-laws concerning the election and terms of office of council members; taxation for local

purposes; and changing the name of a community, etc. If there are additional issues that communities would like to address they should contact the Cree Regional Authority or the Naskapi Nation of Kawawachikamach.

Commission Comment

The Commission welcomes the forthcoming amendments to the Act. These should address many of the current legislative barriers to the efficient management of the day-to-day operations and decision-making of local governments. In this, it addresses the issue raised in Recommendation 21, h) of the 2012 Report of the Cree-Naskapi Commission. We continue to believe that local governance capacity-building and the related matters identified in Recommendation 21, a), b), c), d), e), f) and g) also need to be addressed.

NRA came into force when Parliament appropriated the funding contemplated by the said Agreement. As of June, 2014, or about six (6) years after the coming into force of the Federal NRA, Canada and the Cree have not yet concluded a governance agreement-in-principle (AIP).

From the beginning of the negotiations on this matter in 2009, Canada and the Crees have had a fundamental difference of approach on key issues. The Crees saw these negotiations as a means of implementing the Federal NRA. However, Canada wanted to negotiate Cree self-government under Canada’s Self-Government Policy.

This fundamental difference of approach between Canada and the Crees has led to an impasse in the negotiations and the latest deadline of October 31, 2013 for concluding a Governance AIP has not been extended.

According to the Crees, this “federal position has made it impossible for the Crees to conclude a Governance AIP on the terms proposed by Canada, as that could seriously compromise the integrity of principles expressed in the James Bay and Northern Quebec Agreement (JBNQA) and the Federal NRA. In fact, the imposition of Canada’s Self-Government Policy in the context of these governance negotiations could have the effect of unilaterally redefining the relations between the Crees, Quebec and Canada as agreed to in the JBNQA.”1

Grand Chief Coon Come has written and met with Aboriginal Affairs Minister Bernard Valcourt in attempts to resolve the impasse and resume the negotiations. However, Canada intends to maintain the imposition of its Self-Government Policy in these governance negotiations.

On April 24, 2014, Grand Chief Coon Come has sent a letter to Prime Minister Harper to request his intervention to overcome the impasse in these governance negotiations, The Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government awaits the response of the Prime Minister of Canada.

II. Cree-Quebec Governance
On July 24, 2012, Eeyou of Eeyou Istchee and the Government of Quebec signed the Agreement on Governance in the Eeyou Istchee James Bay Territory Between the Crees of Eeyou Istchee and the Gouvernement du Québec.

Key elements of this Governance Agreement include the following:

• expanded Cree jurisdiction over Category II lands through the Cree Nation Government (Cree Regional Authority);
• creation of the new Eeyou Istchee James Bay Regional Government on Category III lands with equal representation from the Crees and other residents of the Territory;
• abolition of the Municipalité de la Baie-James and its replacement by the new Regional Government on Category III lands;
• abolition of the James Bay Regional Zone Council and its replacement by the Cree Nation Government on Category II lands;
• financial support for the Cree Nation Government;
• specific undertakings regarding forestry, mining, energy, water and wildlife sectors; and
• undertaking to discontinue certain legal proceedings and settle certain disputes between the Crees and Quebec.

In 2013, Complementary Agreement No. 24 to the JBNQA, required to replace Sections 11A and 11B of the JBNQA in light of the Governance Agreement, was negotiated and signed by the Crees and Quebec.

On June 13, 2013, the Assemblée nationale enacted and adopted Bill 42 – An Act establishing the Eeyou Istchee James Bay Regional Government and introducing certain legislative amendments concerning the Cree Nation Government.

This bill establishes the Eeyou Istchee James Bay Regional Government in the stead of the Municipalité de Baie-James. It provides that the Eeyou Istchee James Bay Regional Government is a municipal body governed by the Cities and Towns Act, subject to the special provisions it sets out, and that the Regional Government has jurisdiction over Category III lands, that is, the territory of Municipalité de Baie-James as it existed on December 31, 2013, except for the Category II lands.

The Act respecting the Cree Regional Authority is amended so that the Cree Regional Authority will be known as the Cree Nation Government. Certain powers with respect to Category II lands are assigned to the Cree Nation Government.

On January 1, 2014, the Act establishing the Eeyou Istchee James Bay Regional Government and introducing certain legislative amendments concerning the Cree Nation Government came into force.

The Cree Regional Authority became known as the Cree Nation Government and the Eeyou Istchee James Bay Regional Government was established in the stead of the Municipalité de Baie-James.

During the period leading up to the coming into force of the Act establishing the Eeyou Istchee James Bay Regional Government and introducing certain legislative amendments concerning the Cree Nation Government, the Cree Regional Authority prepared and deployed an implementation plan in consultation with the Cree First Nations and other Cree stakeholders. This plan helps to put in place the structures, personnel and processes needed for the Cree Naztion Government to assume its new responsibilities and for the Cree leaders to assume their new functions on the Regional Government.

B. Implementation of the Cree-Canada New Relationship Agreement

I. Regional Governance – Phase I
Under the amended Cree-Naskapi (of Quebec) Act, the Council of the Cree Regional Authority (now the Cree Nation Government) adopted a new regional By-law concerning the Establishment, Maintenance and Operation of Community Fire Departments. This by-law came into force on March 18, 2013. It applies to the Cree Nation Government, to all Cree Bands and in all Cree communities. The Cree Nation Government is currently implementing this by-law in collaboration with the Cree Bands. It is also in the process of developing other regional by-laws, including with respect to the regulation of buildings used for regional governance and essential services.

II. Assumption of Federal Responsibilities
Over the twenty (20) year term of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee, the Cree Nation Government continues to assume, with funds provided under the Agreement, the responsibilities of Canada under the JBNQA to the Cree Nation and the Crees for the following matters:

• certain aspects of the Administration of Justice;
• federal funding for the Cree Trappers’ Association (CTA), the Cree Outfitting and Tourism Association (COTA) and the Cree Native Arts and Crafts Association (CNACA) (This federal funding is provided through a term consolidated grant funding agreement for the Associations between Canada and the Cree Nation Government.);
• training courses, job recruitment and placement related to “territorial programs” and “enhanced delivery structure”;
• training facilities and manpower offices;
• the construction or provision of a community centre in each Cree community;
• essential sanitation services in each Cree community;
• fire protection, including training of Crees, the purchase of equipment and the construction of facilities in each Cree community; and
• the provision of an economic development agent in each Cree community and community affairs services.

Until December 2012, the Grand Council of the Crees (Eeyou Istchee)/ Cree Regional Authority (GCC(EI)/CRA) were engaged in negotiations with Canada on the consolidation of the regular federal funding into a single long-term Consolidated Funding Agreement which would have included initially the funding then provided under the Operations and Maintenance Agreement, the Capital Grants Agreement and the funding arrangements for the CTA, COTA and CNACA. However, Canada submitted unacceptable proposals that would have compromised Cree treaty rights and reduced future federal funding obligations toward the Crees.

In view of Canada’s unacceptable position and the fact that all base funding agreements expired on March 31, 2013, the GCC(EI)/CRA insisted that the base funding agreements, such as the Operations and Maintenance Agreement and the Capital Grants Agreement, be renewed for a five-year period on their current terms and conditions. These five-year renewal agreements were signed by Canada and the Crees in March 2013; thus providing certainty to the Cree communities and securing the base funding for another five-year period.

In addition, the GCC(EI)/CRA are pursuing discussions with Canada to ensure the renewal of continued federal funding for training and Cree human resources development, which is currently provided through a 2007 funding agreement which was extended several times and recently until March 31, 2015 to allow for the negotiation of a successor agreement. The indexation of federal funding under the 2007 agreement since 2009 remains an outstanding matter which has been referred to dispute resolution under the provisions of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee.

III. Amendments to the JBNQA
The Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government (GCC(EI)/CNG) are pursuing discussions with Canada and Quebec on the following amendments to the JBNQA:

• Changes to paragraph 2.15 of Section 2 (Principal Provisions) of the JBNQA. These changes would permit certain amendments to the JBNQA to be made only with the consent of the parties that have an interest in the amendments, as opposed to all the parties. An agreement on these changes is expected shortly.

• Changes to paragraph 2.15 of Section 2 (Principal Provisions) of the JBNQA. These changes would permit certain amendments to the JBNQA to be made only with the consent of the parties that have an interest in the amendments, as opposed to all the parties. An agreement on these changes is expected shortly.
• Changes to Section 4 (Preliminary Territorial Descriptions). These changes will provide for the final territorial descriptions of the Cree Category I lands. Discussions on these changes are expected to continue into the next year.

IV. CEPA, SARA and Fisheries Act
Under the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee, Canada and the Crees are to review the feasibility for the Cree Nation Government to assume certain federal responsibilities under existing federal legislation, including the Canadian Environmental Protection Act, the Species at Risk Act and the Fisheries Act.

V. Criminal Code and Canada Evidence Act
Under the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee, Canada and the Crees are to review the feasibility for the Cree Nation Government to assume certain federal responsibilities under existing federal legislation, including the Canadian Environmental Protection Act, the Species at Risk Act and the Fisheries Act.

C. Proposed Amendments to the Cree-Naskapi (of Quebec) Act

Under the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee, Canada sought amendments to the Cree-Naskapi (of Quebec) Act (CNQA) to achieve the following objectives:

• To enable the Cree Regional Authority to receive and carry out the assumed federal responsibilities as listed in the Agreement;
• To equip the Cree Regional Authority with the by-law-making powers similar to those of the Cree Bands under the CNQA; and
• To expand Cree Nation Governance beyond the scope of the CNQA. (This latter objective is subject to successful negotiations between the Cree and Canada leading to a Governance Agreement, Governance Legislation and possible amendments to the JBNQA and to the CNQA.)

Bill C-28, An Act to Amend the Cree-Naskapi (of Quebec) Act, was introduced in the House of Commons on April 27, 2009. In particular, the legislation amends the Cree-Naskapi (of Quebec) Act, in respect of Cree Bands and Category IA land,

• to provide the Cree Regional Authority with additional responsibilities and powers, including by-law making powers; and
• to recognize the Cree of Oujé-Bougoumou as a separate Band and a local government under the Act.

In the process leading to the adoption of Bill 28, Canada’s mandate was limited to amendments to the Cree-Naskapi (of Quebec) Act respecting the Cree Regional Authority and the Cree of Oujé-Bougoumou.

The past reports of the Cree-Naskapi Commission result in conclusions, findings and recommendations respecting the implementation, review and revision of the Cree-Naskapi (of Quebec) Act as requested by the Cree and Naskapi First Nations, in order to update the Act so that it reflects the present reality and evolving dynamics of Eeyou local government, the state of Aboriginal and contemporary law and improves its implementation.

According to the representatives of the Grand Council of the Crees (Eeyou Istchee), Canada is presently seeking a mandate to prepare certain technical amendments to the Cree-Naskapi (of Quebec) Act.

D. Oujé-Bougoumou

Bill C-28, An Act to Amend the Cree-Naskapi (of Quebec) Act is presently in force and recognizes the Cree of Oujé-Bougoumou as a separate Band and a local government under the Act.

On November 7, 2011, Canada, Quebec and the Crees signed Complementary Agreement No. 22 that amends the James Bay and Northern Quebec Agreement so as to incorporate the Oujé-Bougoumou Cree into the JBNQA.

On September 5, 2013, Quebec and the Crees signed the Final Agreement Related to the Transfer of Certain Lands from Mistissini to the Government of Quebec. This particular agreement led to the allocation of Category IA, IB and II lands (as defined in the James Bay and Northern Quebec Agreement) to the community of Oujé-Bougoumou, involving a retrocession of equivalent quanta of lands from the community of Mistissini. (Canada has recently set aside land as Category IA land for the exclusive use and benefit of the Cree of Oujé-Bougoumou.)

With these agreements and amendments to the Cree-Naskapi (of Quebec) Act, the Cree of Oujé-Bougoumou have the same rights and benefits as the other Cree communities of Eeyou Istchee.

E. James Bay Cree-Naskapi Pension Plan

The James Bay Cree-Naskapi Pension Plan (Plan) is a multi-employer defined benefit pension plan which is governed by the federal Pension Benefits Standards Act, 1985. Like other plans, the Plan is subject to a requirement to make special payments to liquidate unfunded liabilities. In addition, the Plan is also subject to a requirement to make special payments to fund solvency deficiencies (solvency payments). Over the past years, these solvency payments have increased to a level which has become unsustainable to the participating employers in the Plan.

In 2012, the GCC(EI)/CNG have initiated discussions with federal representatives and correspondence with supporting position paper to the Minister of Finance to seek a permanent exemption for the Plan from the requirement to make solvency payments.

The Minister of Finance “responded that the Government of Canada is not prepared to move forward with our request for an exemption from solvency payments. He takes the position that since the Plan is a private contract between employers and employees, it is up to the plan sponsors to negotiate terms and conditions of the plan that are sustainable over the long-term and that meet te legislated requirements under the Pension Benefits Standards Act, 1985.”

F. Housing in Eeyou Istchee

In an email note dated April 30, 2014 and addressed to Mr. Richard Saunders, Chairman of the Commission, and substantiated by the June 5, 2014, presentation by the GCC(EI), Mr. Bill Namagoose, Executive Director, Grand Council of the Crees (Eeyou Istchee), describes the major and growing concern of housing in Eeyou Istchee.

Housing is one of the largest challenges facing the Cree Nation of Eeyou Istchee. The backlog continues to grow every year, driven by new family formation on one hand and insufficient resources from federal programs on the other. This has been the case for the past 20 years.

The Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, on numerous occasions, had raised the housing issue in negotiations with Aboriginal Affairs and Northern Development Canada. But Aboriginal Affairs and Northern Development Canada denies any obligation to provide housing to the Crees under the James Bay and Northern Quebec Agreement and its related agreements.

The Crees’ “fair share of the INAC housing program” permits the Crees to build between 15 to 20 units annually. This represents about 10% of the annual growth in demands for housing and the present backlog is in the order of 3,000 housing units.

The Cree Nation Government has limited resources to support housing construction. The Cree Nation Government can use some of the funds from the New Relationship Agreement with Canada but it is well short of the hundreds of millions required to achieve resolution of the present housing needs of the Crees of Eeyou Istchee.

In December 2011, the Cree Regional Authority, now the Cree Nation Government, launched the Housing Action Plan that promotes the idea of private housing in various forms. The goal of the plan is affordable housing. The Cree Nation Government believes that households should be prepared to pay 25 to 30% of their income towards shelter. This is the national norm.

Subsequently, the Cree “communities have been asked to adjust their rental scales and policies to reflect this standard and develop plans accordingly. They have also been asked to vastly improve rental collection efforts.”

The Cree Regional Authority (Cree Nation Government) did commence negotiations with CMHC several years ago to resolve issues with its program so that it can function with private housing programs. According to the Cree Regional Authority, the “fundamental problem is that their program is designed as a ‘community’ program. High and medium income families are expected to pay higher rental scales so as to ‘subsidize’ low income families. This would be fine if the program had the resources to address all the communities’ housing needs.”

However, the Cree Nation Government needs “to move the higher income families into private housing to make room for lower income families in the CMHC units but this will create a revenue short fall in the rentals.”

The Cree Nation Government has suspended negotiations until the Cree communities have addressed the major issues respecting their own administration of the program. The Cree Nation Government believes that the Cree communities are almost finished with addressing these issues.

The Cree Nation Government concludes that the current housing situation in Eeyou Istchee is very complex as it “touches on individual expectations based on the long standing welfare approach to housing, administrative short comings, personal financial management issues, inadequate federal resourcing and poor program designing and the sheer magnitude of the technical aspects of providing shelter to 3,000 families including the supporting infrastructure.”

2. Environment Department – Cree Regional Authority
(Cree Nation Government)

The submission of Mr. Alan Penn, Environment Department – Cree Regional Authority focuses on evaluating the implementation of Cree and Naskapi by-law powers in the field of environmental protection and related areas of public hygiene in the context of recent changes to the Cree-Naskapi (of Quebec) Act. In particular, Mr. Penn provides a personal perspective on the implementation of the James Bay and Northern Quebec Agreement (JBNQA) and the Cree-Naskapi (of Quebec) Act with respect to environmental matters, and comments and offers some recommendations on certain challenges which need to be addressed in the context of recent amendments to the Cree-Naskapi (of Québec) Act.7

Since the signing of the James Bay and Northern Quebec Agreement in 1975 and the enactment of the Cree-Naskapi (of Quebec) Act in 1984, considerable changes in local Cree community infrastructure/housing, municipal services for water supply and waste management and public infrastructure (roads, garages, community centres) have taken place. The Cree population has since expanded by about three times. And there have been major additional investments in public and recreational facilities and education and health services facilities. In the next 20 or 30 years, Cree community development will have to take into account a further doubling of the existing population.

However, the Cree communities, in many cases, are still operating within the framework of community plans developed in the late 1970s. Many of the communities are constrained by the available space for continuing development.

All of the Cree communities face serious housing storages.

Because of the constraints arising from the original community locations, many communities are also facing shortages in the supply of sand and gravel deposits of a quality appropriate for local construction purposes, as well as terrain suitable for the kind of residential development that has taken place in recent years. At the regional level, there is a growing case to be made for fresh approach to community planning.

In this regional context, Mr. Penn submits the following remarks about the implementation of the Cree-Naskapi (of Quebec) Act:

A. Implications of Sections 4 and 5 of the JBNQA

The Cree-Naskapi (of Quebec) Act defines local government powers with respect to Category IA lands. In this respect, it is relevant for the Commission to keep abreast of the initiatives which are now being taken to tackle some of the unresolved problems which arose, for the Cree population, from the negotiations of both the land regime (Section 5 of the JBNQA) and the related territorial descriptions (Section 4 of the JBNQA).

As an example, efforts are now being made to eliminate the corridors of 200 feet and 500 feet (67 and 201 meters). The process of reviewing and making changes to the territorial boundaries of Category IA lands is slow, difficult and uncertain.

B. Quebec’s Environmental Quality Act and the Cree-Naskapi (of Quebec) Act

Section 4 of the Cree-Naskapi (of Quebec) Act provides as follows: “4. Provincial laws of general application do not apply to the extent that they are inconsistent or in conflict with this Act or a regulation or by-law made thereunder or to the extent that they make provisions for a matter that is provided for by this Act.”

This key provision of the Act is ambiguous and there have been conflicting views about its interpretation particularly in knowing when and how to apply Quebec’s Environmental Quality Act in connection with local construction activities with potential environmental impacts.

C. Environmental Permits for Works on Category IA Lands

Pursuant to certain provisions of the Cree-Naskapi (of Quebec) Act, most of the Cree communities adopted a permitting system for works on Category IA lands. But its implementation has raised over the years a number of technical issues about the technical support and directives needed to make such a permitting system a workable and useful arrangement. In many respects, nearly 30 years later, this is still a key policy issue for the Cree communities, and one that is presently shared by the Cree Nation Government as it moves towards future steps in the implementation and use of the by-laws of the Cree-Naskapi (of Quebec) Act. The challenge is to determine what should be a reasonable framework for addressing environmental aspects of development activities in Category IA lands and related land use and conservation issues.

D. The Regulation of Public Water Supplies

Quebec’s drinking water regulation has evolved since 1982, both in technical complexity and its detailed requirements for the control of contamination by surface waters of groundwater used for water supply purposes. This is relevant to the Cree communities in several ways. In the first place, groundwater (like other sub-surface resources in Category IA lands) is subject to Quebec jurisdiction; second, the inland Cree communities and two of the coastal communities now rely on groundwater supplies, which in turn require appropriate protection.

The Cree Regional Authority (now the Cree Nation Government) has done much of the technical work to develop a regional drinking water regulation adapted to the needs of the communities. The completion of the technical work and the determination of appropriate implementation mechanisms, if pursued successfully, should be one of the first major tests of the sharing of by-law powers between the Cree Nation Government and Cree local governments under the amended Cree-Naskapi (of Quebec) Act.

However, an effective drinking water regulation is only part of the story. The design, construction, commissioning and operation of both water supply and waste water infrastructure in the Cree communities are becoming increasingly complex. One of the challenges the Cree communities are currently exploring, therefore, is the development of appropriate procedures to ensure adequate technical support and relevant approvals for such municipal infrastructure.

E. The Sharing of By-Law Powers

The local Cree governments and the Cree Nation Government presently share certain by-law powers on Category IA lands. It is worth commenting on the political and practical significance of the issues involved in the sharing of by-law powers. It is worth emphasizing the importance, at the community level, of confidence in the capacity and effectiveness of the regional institutions serving the communities. If the communities are being invited to delegate certain powers at a regional level, there is obviously a need for close coordination and a mutual understanding on how to address the questions of enforcement.

The implications of Quebec’s Public Health legislation for the Cree-Naskapi (of Quebec) Act, the Cree Communities and the Cree Nation Government will also have to be addressed in due course in the implementation of the Act. (Quebec’s Public Health legislation confers on the Cree Board of Health and Social Services of James Bay certain legal responsibilities in a number of matters covered by the Act.)

F. Periodic Review of By-Law Powers and their Implementation

In conclusion, Mr. Penn stresses the importance of the periodic review by the Commission, in virtue of sub-section 171 (1) of the Act, of the implementation of the by-law powers in the Act in relation to public health and hygiene, environmental protection, and the management of land and natural resources in Category IA lands.

3. Cree First Nation of Waswanipi

The representatives of the Cree First Nation of Waswanipi raised the following issues and concerns:

A. Political Portfolio System

The Cree First Nation of Waswanipi introduced and implemented a political portfolio system whereby each member of the council is given the responsibility of addressing a particular political issue or concern

respecting the community and/or Waswanipi people. The system has proven to be effective and beneficial but it requires the development, enactment and implementation of a proper by-law.

B. Cree-Naskapi Commission – Implementation Plan

The Cree First Nation of Waswanipi has throughout the years submitted its issues and concerns to the Commission. Many of its issues and concerns remain outstanding and should be resolved for the benefit of the Waswanipi people. Consequently, the Council intends to create a full-time and permanent Commissioner’s position to follow-up on these issues and concerns with the Commission and if necessary with the government.

C. Eeyou Istchee Plan

Eeyou Istchee needs to be protected, maintained and preserved for the benefit of the Eeyou Nation. To this end, the Cree First Nation of Waswanipi intends to create the Cree Tallymen Authority that will powers and responsibilities for the management of Cree hunting territories.

D. Economic Action Plan

Waswanipi intends to create a “Cree Consortium” – a consolidation of its business entities and partnerships – as part of its economic action plan.

E. Development of Natural Resources

Since 1950, the Cree First Nation of Waswanipi has witnessed the development of natural resources within its traditional and historic territories conducted in an irresponsible manner regarding proper environmental protection and adequate benefits for the people of Waswanipi. According to the representatives of Waswanipi, any development that may be initiated on their lands and hunting territories and for any damage that may be caused should result in dialogue and negotiations between the responsible parties and benefits for the people of Waswanipi.

F. Waswanipi Eenou Declaration of Governance

The Cree First Nation of Waswanipi declares and affirms its rights, powers and principles to govern themselves in a manner consistent with their laws, teachings, traditions, aspirations, visions and collective history.

4. Nemaska First Nation

Mr. Thomas Jolly, Deputy Chief of the Nemaska First Nation, raised the following issues and concerns:

A. Amendments to the Cree-Naskapi (of Quebec) Act

The Nemaska First Nation understands that the Government of Canada and the Cree Nation of Eeyou Istchee have been discussing amendments to the Cree-Naskapi (of Quebec) Act and a joint Cree-Naskapi list of amendments would be prepared and submitted to the federal government. However, Nemaska is not aware of such a joint Cree-Naskapi list. Nevertheless the Nemaska Fist Nation submits the following comments and recommendations:

• the quorum requirements for approval by electors of certain by-laws such as the borrowing by-law are too high;

• the quorum requirements for approval of the borrowing by-law should be lowered to a minimum of five (5) percent of the electors voting on the matter rather the present requirement of at least twenty (20) percent of the electors voting on the matter;
• the Act requires that a council shall act by resolution, except where required to act by by-law. Certain decisions should be decided by consensus and be binding without the adoption of a resolution or a by-law;
• a provision of the Act should permit adoption of a resolution in lieu of a council meeting where all council members would sign the resolution;
• presently subsection 35 (2) provides that in any vote, where a council member present does not indicate either an affirmative or a negative vote or an abstention, he shall be deemed to have voted in the affirmative. This subsection should be amended to reflect the present Eenou practice of decision-making in any vote where a council member present does not indicate either an affirmative or a negative vote or an abstention, he shall be deemed to have voted in the negative;
• the Act presently prohibits the local Bands from engaging in any commercial activities, except in so far as it is related to the management or administration of its Category IA land or the natural resources thereof, or its buildings or other immoveable assets on its Category IA land or the provision of public services to or in respect of its Category IA land or residents thereof. This provision should not prohibit Cree First Nations Governments from entering into partnerships with proponents of development projects in Category II and III lands;

• the Act presently provides resolutions adopted or by-laws enacted by council may be contested by a Band member or any other interested person filing an application to the provincial court or the Superior Court. Nemaska recommends that discussions be initiated to looking to alternatives such as an independent non-political entity that would deal with challenges or grievances respecting by-laws or resolutions;
• recent amendments to the Act have resulted to the sharing of certain by-law powers between First Nation local governments and the Cree Nation Government. There is a need for close coordination and a mutual understanding on the nature and implementation of such by-laws;
• on the understanding, interpretation and application of the Act, training or orientations sessions with newly elected members of the council should be organized by the Commission;
• a system of collaboration between the Commission and local Cree governments should be established to assist and provide information to the Bands;
• consultation tours should be conducted by the Commission to inform members about the responses of Canada to the concerns and issues of the community.

5. Cree Nation of Mistissini

Mr. John Matoush, Deputy Chief of the Cree Nation of Mistissini, raised the following issues and concerns:10

A. Lack of a Comprehensive Response from Canada on Cree Needs and Concerns

The Cree-Naskapi Commission has a legal mandate under subsection 171 (1) of the Act to prepare and submit a biennial report to the Minister who causes the report to be laid before each House of Parliament. The Cree Nation of Mistissini has serious concerns about the lack of a comprehensive response from the Government of Canada to the needs and concerns of the Cree Nation as described in the biennial report of the Commission. According to Mistissini: “The Commission’s apparent lack of power to impress upon the federal government, in particular, its Ministers and his officials, to fulfill its legal obligations as outlined in the JBNQA, severely impairs this Commission’s effectiveness and legitimacy as a recommending body to oversee the implementation of the Cree-Naskapi (of Quebec) Act.”

Furthermore, the Government of Canada has legal obligations under the 2008 Canada-Cree new relationship agreement including Canada’s commitment to recommend to Parliament amendments to the Cree-Naskapi (of Quebec) Act in order to improve local governance and enable Cree Nation governance. Canada must honour its commitment and fulfill its legal obligations.

The representative of the Cree Nation of Mistissini stated: “The honour of the Crown…infuses the processes of treaty making and treaty interpretation. In making and applying treaties, the Crown must act with honour and integrity… .”

B. Housing

The Cree Nation and community of Mistissini face a critical shortage of housing with serious social problems as a consequence due to the following factors:

• rapidly rising population with rapid growth of young families;
• allocation of housing units by Canada remains unchanged;
• overcrowded houses;

• accelerated deterioration of existing housing units;
• serious and increasing backlogs of new and renovated housing needs; and
• Aboriginal Affairs and Northern Development Canada priority matrix for funding has not set housing construction for growth as a high priority; and
• Canada’s policy on housing support had failed to address the outstanding need for 85,000 new houses.

The Cree Nation of Mistissini believes that:

• Canada must recognize and respect its fiduciary responsibility and its obligations to respect the Cree right to adequate housing;
• the Crees have the right to determine, plan, implement and operate their own housing institutions;
• the Crees have a right to an adequate standard of living, including housing.

The Cree Nation of Mistissini calls upon Canada to develop with the Cree Nation leadership a comprehensive approach to housing and the full transition of housing programs, as part of Cree self-government responsibilities under an amended Cree-Naskapi (of Quebec) Act.

C. Height of Land Issue

The negotiations and execution of the James Bay and Northern Quebec Agreement (JBNQA) did not settle the rights and claims of the Cree Nation and people for the entire Eeyou Istchee (historical and traditional territories). These rights and claims of the Cree respecting their territories outside of the JBNQA Territory were to be settled later. So far the Cree claims and rights to the offshore and intervening waters of James Bay and Hudson Bay have been settled through the 2010 Eeyou Marine Region Land Claims Agreement.

However, the rights and claims of the Cree Nation of Mistissini to their traditional and historical territories (Mistissini hunting territories) located east of the height of land (southeastern border of the JBNQA Territory) still remains unresolved mainly because Canada denies any commitment to resolving this claim and instead has negotiated and signed an Agreement-in-Principle (AIP) with several Innu communities. This AIP includes the Mistissini hunting territories east of the height of land within the territory of the Innu of Mashteuiatsh.

In 2008, the Cree Nation of Mistissini filed an Application for Judicial Review in Federal Court regarding the decision of the Minister of Indian Affairs to conclude the Innu AIP without any consultation with the Cree Nation of Mistissini. Canada proposed that Mistissini participate in an Exploratory Process, which sought to identify all overlaps affecting the First Nations in the region. This process stagnated from the start did not result to any productive discussions or measures to resolve the rights and claims of the Cree Nation of Mistissini.

The Cree Nation of Mistissini remains committed to resolving this issue and would be willing to negotiate a settlement if the Government of Canada showed a strong commitment to participate in discussions with Mistissini.

D. Quorum Requirements under the Cree-Naskapi (of Quebec) Act

The following stringent and unrealistically high quorum requirements under the Cree-Naskapi (of Quebec) Act hamper the ability of the local government of the Cree Nation of Mistissini to effectively exercise its self-government responsibilities and legal obligations:

• sub-section 97(2) of the Act requires that long-term borrowing by-law must be approved by twenty percent (20%) of the electors;
• sub-section 48(4) of the Act requires that by-laws respecting hunting, fishing, trapping and wildlife protection must be approved by ten percent (10%) of the electors;
• sub-section 47(2) of the Act requires that fifteen percent (15%) of the electors must approve zoning by-laws;
• sub-section 44(1) of the Act requires that fifteen percent (15%) of the electors must approve land use and resource use plans;
• sub-section 144(1) of the Act requires the approval of sixty five percent (65%) of the electors for a land cession (In 2003, the Cree Nation could not obtain the required approval of sixty five percent (65%) of the electors for a land cession).

Consequently, as in its representations to the Commission in earlier years, the Cree Nation of Mistissini recommends the review and revision of the Cree-Naskapi (of Quebec) Act so as to allow each Cree local government to determine its own quorum requirements or to establish processes other than voting at community meetings for making major key decisions for the benefit of the community of Mistissini and well being of its members.

E. Jurisdiction of the Cree-Naskapi Commission

The Cree Nation of Mistissini respectfully disagrees with the position of the Government of Canada that the Cree-Naskapi Commission has no jurisdiction to oversee the implementation of the James Bay and Northern Quebec Agreement. The Cree Nation of Mistissini “believe that the JBNQA establishes a framework for self-government which includes areas of jurisdiction of land regimes, powers of local government, powers of regional government, health and social services, education, administration, policing, environmental protection, hunting, fishing and trapping, financial administration and economic development.

The recommendations of the Commission have often been ignored by the federal government. Unless there is a change in attitude by the government, the Commission will remain an inefficient mechanism to assist the aspirations of achieving the objectives of a true Cree self-government.”

6. Cree Nation of Chisasibi

At the special implementation hearings of the Commission, the representatives of the Cree Nation of Chisasibi raised the following issues and concerns:

A. Block D

Pursuant to Schedule D of the Agreement Concerning a New Relationship Between the Government of Quebec and the Crees of Quebec, Quebec shall transfer the administration, management and control of the lands designated as Block D, including the air strip, to the Government of Canada for the exclusive use and benefit of the Cree Nation of Chisasibi subject to certain terms and conditions. (Block D will become part of Category IA lands of Chisasibi.) The parties will use their best efforts to ensure that the final transfer by Quebec is completed no later than September 30, 2002.

As of February 12, 2014, the transfer of Block D has not been finalized. Phase I of the transfer has been finalized and a portion of Block D is ready for transfer. However, Phase II involves further measures for its environmental clean-up. Quebec and Canada have to agree on the standards for the environmental clean-up.

B. Five Hundred (500) Foot Corridor along the Road

Subsection 5.1.5 (Existing Third Party and Government Interests) of Section 5 of the James Bay and Northern Quebec Agreement states as follows: “Existing regional roads and provincial roads and main arteries within Category I lands shall be Category III lands… . However, there shall be Category III lands for a distance of five hundred (500) feet on each of said roads.

The five-hundred (500) foot road corridor that adjoins the community of Chisasibi is a barrier to the expansion for community development and expansion.

The Cree Nation of Chisasibi has started discussions on the possible changes to the status of the five-hundred foot (500') road corridor that adjoins the community of Chisasibi.

The Cree Nation of Chisasibi has started discussions on the possible changes to the status of the five-hundred foot (500’) road corridor that adjoins the community of Chisasibi. The Cree Nation of Chisasibi has started discussions on the possible changes to the status of the five-hundred foot (500’) road corridor that adjoins the community of Chisasibi. Certain quorum provisions of the Cree-Naskapi (of Quebec) Act still remain a serious barrier in decision-making for local government. The Cree Nation of Chisasibi hopes that this quorum issue and other problematic provisions of the Act will be reviewed and revised through the current Cree-Federal negotiations process.

D. Housing

The Cree Nation of Chisasibi, like the other Cree Nation communities and local governments, face a serious shortage in housing due to overcrowding of existing houses, rising population, and housing needs of Cree entities.

E. By-Laws and Sharing of By-Law Powers

Consideration should be given to standardize local by-laws, particularly the election by-laws. Standard procedures should be developed and implemented for the local governments to be more efficient and to ease conflicting by-laws. Processes and procedures that hinder good governance should reviewed and revised.

In virtue of certain recent amendments to the Cree-Naskapi (of Quebec) Act, the Cree Nation local governments share certain by-law powers with the Cree Nation Government in Category IA land. To avoid conflicts and confusion, there should be information sessions and collaboration between the local and regional governments.

Furthermore, the Cree-Naskapi Commission should conduct orientation sessions on the Cree-Naskapi (of Quebec) Act to newly elected members of local government councils.

F. Cree-Naskapi Commission

Pursuant to the terms and provisions of the Cree-Canada new relation agreement and subsequent amendments to the Cree-Naskapi (of Quebec) Act, the Cree Nation Government has assumed certain federal obligations. The representative of the Cree Nation of Chisasibi enquires who will ensure that these assumed obligations are being implemented. And will the Cree-Naskapi Commission continue to report on local government issues and

concerns including complaints regarding the Cree Nation Government for non-compliance on its obligations?

Furthermore, Chisasibi agrees that there has to be a mechanism to ensure implementation and follow-up on the recommendations of the Cree-Naskapi Commission.

G. Youth Activities and Programs

Ms. Melanie Pachano spoke on the activities and programs of the youth of the community of Chisasibi. She emphasized the lack of funding and insufficient funding for the activities and programs of the Youth of Chisasibi.

7. Cree Nation of Washaw Sibi

The members of the Cree Nation of Washaw Sibi are beneficiaries of the James Bay and Northern Quebec Agreement. However, even as beneficiaries of the Agreement, they do not receive many of the benefits as other Cree communities.

The primary preoccupation of the Cree Nation of Washaw Sibi is the establishment of a distinct Cree community with their own Category I lands so that they can receive programs and services at the same level as

the Crees in the other nine communities.

Chief Pauline Trapper-Hester of the Cree Nation of Washaw Sibi, in a letter to the Cree-Naskapi Commission dated February 9, 2014, states: “we are currently in the midst of finalizing the selection of a site for our future village. Our special meeting with our members to select the final site is scheduled for February 25, 2014. After this milestone has been reached we will initiate crucial discussions with Quebec regarding the site, and then at some point, discussions will take place with Canada regarding issues of federal jurisdiction.”15

The Cree Nation of Mistissini states that the Washaw Sibi Eeyou has a distinct history and a vision to establish a new tenth (10th) Cree Nation community within Eeyou Istchee.

However, since the ratification of the Cree/Canada new relationship agreement in 2008 and the specific inclusion of the Washaw Sibi Eeyou issue as a matter to be resolved, Canada has been very slow in its responsibility to advance the plight of the Washaw Sibi Eeyou.

As far as Mistissini is concerned, Canada has a commitment to the Washaw Sibi Eeyou to receive the full range of powers, rights, services and benefits which are available to the other Cree First Nations flowing from the James Bay and Northern Quebec Agreement and subsequent legislation and related agreements.

In an email dated March 27, 2014, and addressed to Mr. Brian Shawana, Director-General of the Commission, from Chief Pauline Trapper-Hester of the Cree Nation of Washaw Sibi, Chief Trapper-Hester states as follows: “we have selected our site for the new village, which was a major milestone for us. We will then have to meet the Eeyou Regional Government and then the Quebec Government in order to officially process this selected site…”

8. Naskapi Nation of Kawawachikamach

In a written brief dated March, 2014, the Naskapi Nation of Kawawachikamach raises the following issues:16

A. Housing

The Naskapi Nation of Kawawachikamach is facing a serious housing crisis with a rising population of 1,170 persons of which about sixty percent 60% is under thirty (30) years of age, The Nation’s backlog of housing lists 125 persons and its Section 95 housing allocation for the fiscal year 2014–2015 is one (1) unit only.

The Naskapi Nation of Kawawachikamach strongly urges the Federal Government to take immediate and sustained action to increase funding to Section 95 housing to address the current housing shortage in Kawawachikamach.

B. Cree-Naskapi (of Quebec) Act – Technical Amendments

The Naskapi Nation is still seeking technical amendments to the Cree-Naskapi (of Quebec) Act regarding the following provisions of the Act and additional matters:

• quorum requirements for approval of Band by-laws on borrowing;
• enabling the Naskapi Police Force to issue tickets for violation of Naskapi Nation by-laws instead of having to proceed by way of summary conviction proceedings under the Criminal Code; and
• addressing the inconsistencies between the French and English versions of the Act.

The Naskapi Nation has recently reconfirmed to Canada its desire to proceed with discussing such amendments in collaboration with the Cree Nation of Eeyou Istchee.

to any field of jurisdiction attributed by an Act to a local municipality or a regional county municipality. In addition, on January 1, 2014, Quebec legislation came into force to establish the Eeyou Istchee James Bay Regional Government. It replaces the Municipalité de Baie James (MBJ). The Regional Government will exercise the same jurisdictions, functions, and powers on Category III lands in the Eeyou Istchee James Bay Territory as those that were attributed to the MBJ. The Regional Government will be directed by a council composed of eleven (11) Jamésien representatives, eleven (11) Cree representatives and, for at least the first five (5) years of operation, one (1) representative of the Government of Quebec. With these changes in governance, the Cree Nation Government acquires some responsibilities in land and resource management. These are all matters of direct interest and concern to the CTA.

3. Contemporary Hunting Economy

As one of the fundamental objectives, the James Bay and Northern Quebec Agreement was negotiated by the Eeyou to protect and maintain the Eeyou traditional way of life and its culture. However, the Eeyou acknowledged that the use and occupation of Eeyou Istchee would be maintained and continued in the context of political, social and economic changes in Eeyou society and Eeyou Istchee.

These changes over the past 40 years raise a number of questions about the importance of maintaining and protecting Eeyou culture, Eeyou use of land and the management of wildlife resources.

The CTA stresses the importance of establishing a framework for documenting important aspects of the changing Eeyou hunting economy and changing patterns of land use. The CTA states that the absence of such information leads to a larger problem of inadequate information and guidance for Cree governance institutions in the protection of the Cree economy, culture and the evolving Cree way of life.

4. Hunting, Human Health and Well-being

The CTA is concerned about the changing diet and changing health profiles of the Eeyou people in the communities. With a rising number of Eeyou with diabetes and obesity, Eeyou face significant health, nutritional and dietary challenges. This widespread problem, to a large extent, is attributed to rapid changes in diet, especially the move away from traditional or “bush” food.

The active concern and interest of the CTA is the promotion of the important and beneficial role of traditional or “bush” food and fisheries in the health and well-being of an individual.

5. Land Use, Resource Conservation and Management and the CTA

Over the past 40 years, Eeyou have witnessed the construction of the La Grande Hydroelectric Development Project, northward expansion of commercial forestry activities, construction of over 10,000 km of roads and trails. These activities and projects have opened up access to Eeyou Istchee that consists of over 300 Eeyou hunting territories. Non-Natives have established camps for sport hunting and fishing.

Consequently, these activities have brought about significant and major changes and impacts on the use and occupation of the Eeyou hunting territories within Eeyou Istchee.

As the governance of Eeyou Istchee (with its 300 and more Eeyou hunting territories) evolves with the participation of Eeyou, it will become increasingly important to determine how land use and management will evolve in the coming years. The CTA stresses the need and importance of involving Eeyou lands users (Eeyou tallymen and hunters) in these processes.

The Eeyou of Eeyou Istchee are presently facing interesting times as Eeyou governance advances at a regional level with the formalization of a Cree nation government and its institutions. The CTA intends to be part of this important development and will actively seek ways to ensure that the interests of Eeyou hunters are adequately taken into account. The CTA strongly believes that Eeyou traditional law, with hunting activities and values at its core, is a fundamental element of Eeyou governance in Eeyou Istchee.

6. Developing New Relations with the Jamésien Population

The CTA recognizes the need and importance of developing a positive and beneficial relationship between the Cree and the Jamésiens for effective cooperation and governance in the Eeyou Istchee James Bay Territory. The CTA wishes to contribute actively and constructively to the building of closer working relationships between the Cree and the Jamésiens.

After a review and analysis of its past reports and presentations, submissions and comments of the representatives of the Cree, Naskapi and federal authorities submitted to the Commission, the Cree-Naskapi Commission submits the following comments and recommendations:

Eeyou Governance in Eeyou Istchee

Paragraph 3.1 b) of Chapter 3 of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee (Federal NRA) sets out a process for negotiations leading to a Governance Agreement and Governance Legislation concerning the law-making authority and other powers of the Cree Nation Government on Category IA lands.

From the beginning of the negotiations on this matter in 2009, Canada and the Crees have had a fundamental difference of approach on key issues. The Crees saw these negotiations as a means of implementing the Federal NRA. However, Canada wanted to negotiate Cree self-government under Canada’s Self-Government Policy.

This fundamental difference of approach between Canada and the Crees has led to an impasse in the negotiations and the latest deadline of October 31, 2013 for concluding a Governance AIP has not been extended.

• As the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee is a settlement out of court and a means of implementing certain obligations of Canada to the James Bay Cree under the James Bay and Northern Quebec Agreement, the Government of Canada should proceed with the negotiations contemplated by paragraph 3.1 b) of Chapter 3 of the said Federal NRA in a manner compatible with the James Bay and Northern Quebec Agreement and the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee.

Eeyou of Eeyou Istchee have negotiated and signed agreements concerning the governance of Category I, Category II and Category III lands of Eeyou Istchee with the Government of Quebec. These agreements and enabling provincial legislation have led to the establishment of the Cree Nation Government and the Eeyou Istchee James Bay Regional Government.

• In view of current Eeyou-Quebec developments on governance of the Category I, Category II and Category III lands of Eeyou Istchee and the many challenges posed by Eeyou in establishing various forms of governments as an order of government in Eeyou Istchee and exercising good effective governance, Eeyou local governments and the Cree Nation Government should:

• establish constructive working relationships with the Jamésiens and Quebec;
• strengthen the governing capacity of their people and nation; and
• engage in a capacity-building process with the Cree School Board for human resource development through education and training for effective administration and governance.

Assumption of Federal Responsibilities

Over the 20-year term of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee, the Cree Nation Government continues to assume, with funds provided under the Agreement, the responsibilities of Canada for certain matters under the JBNQA to the James Bay Cree.

Until December 2012, the Grand Council of the Crees (Eeyou Istchee)/ Cree Regional Authority (GCC(EI)/CRA) were engaged in negotiations with Canada on the consolidation of the regular federal funding into a single long-term Consolidated Funding Agreement which would have included initially the funding then provided under the Operations and Maintenance Agreement, the Capital Grants Agreement and the funding arrangements for the CTA, COTA and CNACA. However, Canada submitted unacceptable proposals that would have compromised Cree treaty rights and reduced future federal funding obligations toward the Crees.

In addition, the GCC(EI)/CRA are pursuing discussions with Canada to ensure the renewal of continued federal funding for training and Cree human resources development, which is currently provided through a 2007 funding agreement which was extended several times and recently until March 31, 2015 to allow for the negotiation of a successor agreement.

• The Government of Canada should fulfill its funding obligations to the Cree so that the Cree Nation Government may assume the responsibilities of Canada for certain matters (described herein) under the JBNQA to the James Bay Cree in a manner acceptable to the Cree Nation Government and compatible with the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee.

Amendments to the Cree-Naskapi (of Quebec) Act

The Nemaska First Nation understands that the Government of Canada and the Cree Nation of Eeyou Istchee have been discussing amendments to the Cree-Naskapi (of Quebec) Act and a joint Cree-Naskapi list of amendments would be prepared and submitted to the federal government. In this regard, the Nemaska First Nation submitted the following comments and recommendations:

• the quorum requirements for approval by electors of certain by-laws such as the borrowing by-law are too high;
• the quorum requirements for approval of the borrowing by-law should be lowered to a minimum of five (5) percent of the electors voting on the matter rather the present requirement of at least twenty (20) percent of the electors voting on the matter;
• the Act requires that a council shall act by resolution, except where required to act by by-law. Certain decisions should be decided by consensus and be binding without the adoption of a resolution or a by-law;
a provision of the Act should permit adoption of a resolution in lieu of a council meeting where all council members would sign the resolution;
• presently subsection 35 (2) provides that in any vote, where a council member present does not indicate either an affirmative or a negative vote or an abstention, he shall be deemed to have voted in the affirmative. This subsection should be amended to reflect the present Eenou practice of decision-making in any vote where a council member present does not indicate either an affirmative or a negative vote or an abstention, he shall be deemed to have voted in the negative;
• the Act presently prohibits the local Bands from engaging in any commercial activities, except in so far as it is related to the management or administration of its Category IA land or the natural resources thereof, or its buildings or other immoveable assets on its Category IA land or the provision of public services to or in respect of its Category IA land or residents thereof. This provision should not prohibit Cree First Nations Governments from entering into partnerships with proponents of development projects in Category II and III lands;
• the Act presently provides resolutions adopted or by-laws enacted by council may be contested by a Band member or any other interested person filing an application to the provincial court or the Superior Court. Nemaska recommends that discussions be initiated to looking to alternatives such as an independent non-political entity that would deal with challenges or grievances respecting by-laws or resolutions.

The following stringent and unrealistically high quorum requirements under the Cree-Naskapi (of Quebec) Act hamper the ability of the local government of the Cree Nation of Mistissini to effectively exercise its self-government responsibilities and legal obligations:

• sub-section 97 (2) of the Act requires that long-term borrowing by-law must be approved by twenty percent (20%) of the electors;
• sub-section 48 (4) of the Act requires that by-laws respecting hunting, fishing, trapping and wildlife protection must be approved by ten percent (10%) of the electors;
• sub-section 47 (2) of the Act requires that fifteen percent (15%) of the electors must approve zoning by-laws;

• sub-section 44(1) of the Act requires that fifteen percent (15%) of the electors must approve land use and resource use plans;
• sub-section 144(1) of the Act requires the approval of sixty five percent (65%) of the electors for a land cession (In 2003, the Cree Nation could not obtain the required approval of sixty five percent (65%) of the electors for a land cession);

Consequently, as in its representations to the Commission in earlier years, the Cree Nation of Mistissini recommends the review and revision of the Cree-Naskapi (of Quebec) Act so as to allow each Cree local government to determine its own quorum requirements or to establish processes other than voting at community meetings for making major key decisions for the benefit of the community of Mistissini and well being of its members.

The past reports of the Cree-Naskapi Commission from 1991 to 2012 result in conclusions, findings and recommendations respecting the implementation, review and revision of the Cree-Naskapi (of Quebec) Act to achieve the following, amongst others, major purposes and objectives, in order to update the Act so that it reflects the present reality and evolving dynamics of Eeyou local government, the state of Aboriginal and contemporary law and improves its implementation:

• full and explicit recognition of the inherent right of Eeyou self-government;
• recognition of the existence and application of Eeyou traditional law, customs and practices in the exercise and practice of Eeyou self-government;
• elimination of provisions that conflict with Eeyou traditional law, customs and practices;

• conformity with Aboriginal law and Eeyou traditional law;
• prevailing authority of application of Eeyou traditional law over laws of general application for matters of overriding importance to the Eeyou Nations;
• recognition of the Eeyou Nation as the historical and traditional governing authority;
• expansion of the powers of the “objects and powers” of the Bands (Eeyou Nation);
• extension of the territorial jurisdiction of the Bands (Eeyou Nation);
• removal of barriers or impediments to facilitate and improve the decision-making process (The traditional practice of Cree and Naskapi government places strong emphasis on the use of public meetings and consensus in decision-making and policy-making. The Cree-Naskapi (of Quebec) Act encourages and prescribes the conduct of ordinary, general or special Band meetings and referenda in decision-making. In addition, the Act imposes quorums or a minimum percentage of electors of the Band that must vote on a matter and, in some cases, a minimum percentage of electors of the Band that must vote, in favour of, or approve a matter. The quorum provisions of the Act guarantee Band members a direct role and participation in decision-making respecting important matters. However, some of the Cree and Naskapi local governments have expressed concern that certain minimum percentage requirements are too high. But, the Cree and Naskapi local government cannot reduce these quorums or minimum percentage requirements under the present terms of Section 86(2) of the Cree-Naskapi (of Quebec) Act. In some cases, the requirements for approval by the electors on certain matters should be eliminated.);
• establishment of all quorum requirements by legislative authority of the Bands (Eeyou Nation);
• increase in legislative authority of Bands (Eeyou Nation);
• recognition of right to self-identification (In 1977, the second general assembly of the World Council of Indigenous Peoples passed a resolution stating that ‘only indigenous peoples could define indigenous peoples.’);
• determination of Eeyou Nation membership by Eeyou and sense of belonging;
• clarification of accountability of local government to its members;
• exclusive legislative authority on all matters respecting Band (Eeyou Nation) elections;
• incorporation of traditional law, practices and customs respecting Eeyou elections;
• periodic review of the application and implementation of the Act by Canada and Eeyou Nations;
• improvement and simplification of the process for amending the Act;
• firearms legislation (The Cree-Naskapi (of Quebec) Act should be amended to permit the Cree and Naskapi local governments to:
• dispense the firearms safety course as determined by the Cree and Naskapi First Nations;
• issue firearms licenses and registration certificates;
• appoint Cree and Naskapi Firearms Officers who shall have the same powers and authority as a Chief Firearms Officer; and
• determine a nominal fee or fees exemptions for acquisition or possession licenses and registration certificates.);
• enablement and improvement of law enforcement;
• development and establishment of appropriate system(s) for the administration of justice;

• improvement of the effectiveness of the Cree-Naskapi Commission by taking into account the following:
• experience and recommendations of the Eeyou Nation(s) governments;
• findings, conclusions and recommendations of the 1991 Report: ‘Inquiry into the Functioning of the (Cree-Naskapi) Commission’;
• implementation of the Operations and Maintenance Funding Transfer Payment Agreements;
• implementation of the JBNQA and NEQA;
• implementation of the Cree-Naskapi (of Quebec) Act;
• experience and reports of the Commission; and
• role of the federal government;
• clarification of provisions respecting seizure exemptions to eliminate impediments to economic, community development and housing (As an example, the seizure exemptions provided for in Part XV of the Cree-Naskapi (of Quebec) Act should be reviewed and amended to ensure that Cree or Naskapi ‘Band’ or beneficiaries of the JBNQA and the NEQA are able to secure financial arrangements such as loans or mortgages or other agreements from financial institutions, by determining and establishing a waiver system that is more practical and efficient that the existing one. In this case, such a waiver would not require the approval of the Band or the electors.);
• clarification of the provisions respecting tax exemptions;
• provisions for appropriate administration and management of community lands including an Eeyou Registry System which would replace the federal land registry system;
• empowerment of the Eeyou Nations;
• elimination of external regulatory and administrative authority over Eeyou affairs and matters;
• payment of fines (The Cree-Naskapi (of Quebec) Act should be amended so that payment of fines for conviction of ‘Band’ by-law violations are payable to the local governments. It has also been suggested that payment of fines for conviction of traffic regulations be payable to the local governments. The Act should specify that these fines or funds shall belong to the ‘Bands.’);
• breach of traffic regulations tickets system (The local governments should be empowered to develop and implement their own breach of traffic regulations ticket scheme through appropriate amendments to the Cree-Naskapi (of Quebec) Act. Furthermore, local law enforcement officers should be permitted to issue these local tickets rather than a summons.);
• By-laws pursuant to the JBNQA and the NEQA (The respective powers of Cree and Naskapi local authorities to pass by-laws affecting Category I and I-N land pursuant to Sections 22 and 24 of the JBNQA (for the Cree) and Section 15 of the NEQA (for the Naskapi) should be recognized and/or provided for in the Cree-Naskapi (of Quebec) Act. These by-law powers concern hunting and fishing and environmental protection matters.);
• authority of Eeyou tallymen and conservation officers (The Cree-Naskapi (of Quebec) Act should recognize the authority of the Cree tallymen for traplines located within Category I A land and should provide for the appointment of Cree and Naskapi persons as Conservation Officers.);
• agreement with the Eeyou Nations on amendment to the definition of “consorts” to reflect the present state of law;

• provision of appropriate and proper funding arrangements such as:
• appropriate funding guarantees and arrangements;
• fiscal independence and appropriate sources of funding;
• process for review, renewal and implementation of funding arrangements and agreements; and
• mechanism for dispute resolution;
• appropriate financial accountability of the Eeyou Nation and administration of Eeyou (Band) funds;
• proper government to government relations and vesting of responsibility for the proper implementation of the Act in the Government of Canada as a whole (Meaningful and productive government-to-government relations are essential and necessary with the Government of Canada as a whole and not solely with the Department of Aboriginal Affairs and Northern Development which lacks the structure and resources to effectively coordinate interdepartmental interests and responsibilities for the proper implementation of the Cree-Naskapi (of Quebec) Act.);
• process and mechanism for reporting on the implementation of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement (For the Cree-Naskapi Commission, it has become apparent that the proper implementation of the JBNQA and the NEQA is essential and fundamental for the realization of Cree and Naskapi self-government. The implementation of the Cree-Naskapi (of Quebec) Act, as legislation enabling self-government contemplated by pertinent Sections of the JBNQA and the NEQA, is complementary and inseparable from the implementation of these treaties.);
• benefits of future legislation or other measures respecting Aboriginal government (The preamble to the Cree-Naskapi (of Quebec) Act should be clarified and amended to ensure that the Cree and Naskapi First Nations and peoples benefit from future agreements or measures (respecting Aboriginal government) that may be determined by and for Cree local and regional governments and by Naskapi local government and the appropriate regional government. These future agreements or measures should include those agreed upon by Cree local governments, the Grand Council of the Crees (Eeyou Istchee) and the Cree Nation as a whole as well as those agreements or measure agreed upon by the Naskapi First Nation and local government and the Kativik Regional Government or other appropriate authorities.);
• provisions for an effective mechanism for the proper implementation of the Act;
• establishment of an effective dispute resolution mechanism.

In addition, the Cree-Naskapi Commission has produced a Discussion Paper entitled “Implementation of and Amendments to the Cree-Naskapi (of Quebec) Act” dated September 2012. This discussion paper can be found on the website of the Commission (www.creenaskapicommission.net).

The Naskapi Nation is still seeking technical amendments to the Cree-Naskapi (of Quebec) Act regarding the following provisions of the Act and additional matters:

• quorum requirements for approval of Band by-laws on borrowing;
• enabling the Naskapi Police Force to issue tickets for violation of Naskapi Nation by-laws instead of having to proceed by way of summary conviction proceedings under the Criminal Code; and
• addressing the inconsistencies between the French and English versions of the Act.

The Naskapi Nation has recently reconfirmed to Canada its desire to proceed with discussing such amendments in collaboration with the Cree Nation of Eeyou Istchee.

For the past 30 years, the Cree-Naskapi (of Quebec) Act has not maintained pace nor evolved with the exercise and practice of the Cree and Naskapi local government. In fact, certain existing provisions and terms and the absence of essential provisions of the Cree-Naskapi (of Quebec) Act constitute as serious obstacles and constraints for an orderly and efficient system of Cree and Naskapi local government and administration.

Under the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee, Canada sought amendments to the Cree-Naskapi (of Quebec) Act (CNQA) to achieve the following objectives:

• To enable the Cree Regional Authority to receive and carry out the assumed federal responsibilities as listed in the Agreement;
• To equip the Cree Regional Authority with the by-law-making powers similar to those of the Cree Bands under the CNQA; and
• To expand Cree Nation Governance beyond the scope of the CNQA. (This latter objective is subject to successful negotiations between the Cree and Canada leading to a Governance Agreement, Governance Legislation and possible amendments to the JBNQA and to the CNQA.)

Bill C-28, An Act to Amend the Cree-Naskapi (of Quebec) Act, was introduced in the House of Commons on April 27, 2009. In particular, the legislation amends the Cree-Naskapi (of Quebec) Act, in respect of Cree Bands and Category IA land,

• to provide the Cree Regional Authority with additional responsibilities and powers, including by-law making powers; and
• to recognize the Cree of Oujé-Bougoumou as a separate Band and a local government under the Act.

In the process leading to the adoption of Bill 28, Canada’s mandate was limited to amendments to the Cree-Naskapi (of Quebec) Act respecting the Cree Regional Authority and the Cree of Oujé-Bougoumou.

• The Government of Canada should provide its representatives with a suitable and appropriate mandate in the current Cree-Canada governance negotiations for a full and thorough review and revision of the Cree-Naskapi (of Quebec) Act to provide for, as originally intended, “an orderly and efficient system of Cree and Naskapi local government, for the administration, management and control of Category IA and Category IA-N by the Cree and Naskapi Bands respectively…” (Preamble to the Act)
• The Government of Canada, Cree Nation Government and the Naskapi Nation should forthwith establish a table of negotiations for the full and thorough review and revision of the Cree-Naskapi (of Quebec) Act for the reasons and purposes described herein.

Housing

Over the past years, housing has been and continues to be one of the largest challenges facing the Cree Nation of Eeyou Istchee as the Cree communities of Eeyou Istchee face a serious and critical shortage of housing with serious social problems as a consequence due to the following factors:

• rapidly rising population with rapid growth of young families;
• insufficient resources from federal programs;
• allocation of housing units by Canada remains unchanged;
• overcrowded houses;
• accelerated deterioration of existing housing units;
• serious and increasing backlogs of new and renovated housing needs;
• Aboriginal Affairs and Northern Development Canada priority matrix for funding has not set housing construction for growth as a high priority;
• housing needs for personnel of Cree entities and institutions; and
• Canada’s policy on housing support had failed to address the present and outstanding need for houses.

In December 2011, the Cree Regional Authority, now the Cree Nation Government, launched the Housing Action Plan that promotes the idea of private housing in various forms. The goal of the plan is affordable housing. The Cree Nation Government believes that households should be prepared to pay 25 to 30% of their income towards shelter. This is the national norm.

The Cree Nation Government states that the current housing situation in Eeyou Istchee is very complex as it “touches on individual expectations based on the long standing welfare approach to housing, administrative short comings, personal financial management issues, inadequate federal resourcing and poor program designing and the sheer magnitude of the technical aspects of providing shelter to 3,000 families including the supporting infrastructure.”

• The Government of Canada and the Cree Nation Government, first, should review and determine the present and future housing needs of the Cree communities and secondly discuss the Housing Action Plan of the Cree Nation Government to effectively address these housing needs and situation in the Cree communities of Eeyou Istchee.

The Naskapi Nation of Kawawachikamach is facing a similar and serious housing crisis with a rising population of 1,170 persons of which about 60 percent is under 30 years of age, The Nation’s backlog of housing lists 125 persons and its Section 95 housing allocation for the fiscal year 2014–2015 is one unit only.

• The Government of Canada should take immediate and sustained action to increase funding to Section 95 housing to address the current housing shortage in Kawawachikamach.

Territorial Descriptions of Category IA Lands

Section 4 (Preliminary Territorial Descriptions) of the James Bay and Northern Quebec Agreement provides for the preliminary territorial descriptions of Category I and II lands for the Crees. Since the signing of the JBNQA in 1975 and the enactment of the Cree Naskapi (of Quebec) Act in 1984, the territorial descriptions of Category I (including Category IA) lands of the Crees have remained preliminary. After 30 years of the coming into force of the Cree-Naskapi (of Quebec) Act, the Commission considers it unacceptable and most unusual that the territorial descriptions of Category IA lands presently remain preliminary since the Cree local governments have exercised and continue to exercise legislative (by-law) authority and jurisdiction within the territorial limits of Category IA lands.

Furthermore paragraph 4.18 of the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Quebec states that “Québec agrees to discuss with the Cree Bands of Waskaganish, Waswanipi and Nemaska a revised land selection for their Cree Category I lands forthwith upon the receipt by the proponent of all required authorizations to proceed with the construction of the Eastmain 1-A/Rupert Project thus resulting in the definitive abandonment of the Nottaway, Broadback and Rupert (N.B.R.) Complex. This revision will concern the possible reconfiguration of these lands to take into account the abandonment of the N.B.R. Complex.” The construction of the Eastmain 1-A/Rupert Project has been finalized and the N.B.R. Complex abandoned by the proponent. Any reconfiguration of Category IA lands of the communities concerned will be a matter involving the Government of Canada.

In addition paragraph 5.8 (other amendments to the JBNQA) of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee states:

• “ a) Canada and the CRA will each appoint their representatives forthwith upon the coming into force of this Agreement in order to discuss Complementary Agreements to the JBNQA dealing with the following subjects:
• (iii) changes related to Section 4 of the JBNQA and to other related sections of the JBNQA in order to incorporate therein the final territorial descriptions of the Cree Category I lands;”

• The Cree Nation Government, Cree Local Governments and the Government of Canada should forthwith finalize discussions and negotiations on a Complementary Agreement to the JBNQA to incorporate therein the final territorial descriptions of the Cree Category I lands. These discussions should take into account a revised land selection for the Cree Bands of Waskaganish, Waswanipi and Nemaska due to the abandonment of the N.B.R. Complex. The Government of Quebec should be a party in these discussions.

Two Hundred (200) Foot and Five Hundred (500) Foot Corridors

Sub-section 5.1.5 (Existing Third Party and Governmental Interests) of Section 5 (Land Regime) of the James Bay and Northern Quebec Agreement states as follows:

• “Existing regional and provincial roads and main arteries within Category I lands shall be Category III lands…However, there shall be Category II lands for a distance of five hundred (500) feet on each side of said roads.
• (The seashore, beds and shores of the lakes and rivers identified in the territorial descriptions in Section 4 of the Agreement shall be excluded from Category I lands with respect to the shorelines of such lakes and rivers and lands on both sides of such rivers and around the lakes for a distance of two hundred (200) feet shall be Category II lands.”

The corridor of five hundred (500) feet on each side of existing regional and provincial roads has proven to be problematic for the community development of Waswanipi and Chisasibi.

The Commission has been informed that efforts are now being made to eliminate the corridors of two hundred (200) feet and five hundred (500) feet described in sub-section 5.1.5 of Section 5 of the JBNQA. The process of reviewing and making changes to the territorial boundaries of Category IA lands has been slow, difficult and uncertain.

• The Commission recommends that the discussions contemplated in recommendation 1 take into account the elimination of the corridors of two hundred (200) feet and five hundred (500) feet described in sub-section 5.1.5 of Section 5 of the James Bay and Northern Quebec Agreement.

Quebec’s Environmental Quality Act and the Cree-Naskapi (of Quebec) Act

Section 4 of the Cree-Naskapi (of Quebec) Act provides as follows: “4. Provincial laws of general application do not apply to the extent that they are inconsistent or in conflict with this Act or a regulation or by-law made thereunder or to the extent that they make provisions for a matter that is provided for by this Act.”

This key provision of the Act is ambiguous and there have been conflicting views about its interpretation particularly in knowing when and how to apply Quebec’s Environmental Quality Act in connection with local construction activities with potential environmental impacts.

• The Cree Nation Government, Government of Canada and Government of Quebec should establish a working group to produce an interpretation document on the clarification, interpretation and application of the terms and provisions of the Cree-Naskapi (of Quebec) Act.

Environmental Permits for Works on Category IA Lands

Pursuant to certain provisions of the Cree-Naskapi (of Quebec) Act, most of the Cree communities adopted a permitting system for works on Category IA lands. But its implementation has raised over the years a number of technical issues about the technical support and directives needed to make such a permitting system a workable and useful arrangement. In many respects, nearly thirty years later, this is still a key policy issue for the Cree communities, and one that is presently shared by the Cree Nation Government as it moves towards future steps in the implementation and use of the by-laws of the Cree-Naskapi (of Quebec) Act.

• The Cree Nation Government and the Cree local governments should determine a framework for effectively addressing a permitting system and environmental aspects of development activities in Category IA lands and related land use and conservation issues.

Regulation of Public Water Supplies

The Cree Regional Authority (now the Cree Nation Government) has done much technical work to develop a regional drinking water regulation adapted to the needs of the communities. The completion of the technical work and the determination of appropriate implementation mechanisms, if pursued successfully, should be one of the first major tests of the sharing of by-law powers between the Cree Nation Government and Cree local governments under the amended Cree-Naskapi (of Quebec) Act.

However, an effective drinking water regulation is only part of the story. The design, construction, commissioning and operation of both water supply and waste water infrastructure in the Cree communities are becoming increasingly complex.

• The Cree Nation Government and the Cree local governments should discuss and determine the development of appropriate procedures to ensure adequate technical support and relevant approvals for both water supply and waste water infrastructure in the Cree communities.

The Sharing of By-Law Powers

The local Cree governments and the Cree Nation Government presently share certain by-law powers on Category IA lands. It is worth emphasizing the importance, at the community level, of confidence in the capacity and effectiveness of the regional institutions serving the communities.

• The Cree Nation Government and the Cree local governments should develop an effective process for close coordination, collaboration and a mutual understanding on the purpose, contents and enforcement of by-laws that are enacted by both levels of Cree governments on similar matters.

Political Portfolio System

The Cree First Nation of Waswanipi introduced and implemented a political portfolio system whereby each member of the council is given the responsibility of addressing a particular political issue or concern respecting the community and/or Waswanipi people. The system has proven to be effective and beneficial but it requires the development, enactment and implementation of a proper by-law.

• The Commission recommends that the Council of the Cree First Nation of Waswanipi adopt and enact a by-law establishing an effective political portfolio system whereby each member of the council is given the responsibility of addressing a particular issue or concern of the community of Waswanipi.

Waswanipi Eenou Declaration of Governance

The Cree First Nation of Waswanipi declares and affirms its rights, powers and principles to govern themselves in a manner consistent with their laws, teachings, traditions, aspirations, visions and collective history.

• The Commission recommends that the Cree First Nation of Waswanipi consider the development of the Waswanipi Eenouch Constitution on Governance.

Height of Land Issue

The negotiations and execution of the James Bay and Northern Quebec Agreement (JBNQA) did not settle the rights and claims of the Cree nation and people for the entire Eeyou Istchee (historical and traditional territories). These rights and claims of the Cree respecting their territories outside of the JBNQA Territory were to be settled later. So far the Cree claims and rights to the offshore and intervening waters of James Bay and Hudson Bay have been settled through the 2010 Eeyou Marine Region Land Claims Agreement.

However, the rights and claims of the Cree Nation of Mistissini to their traditional and historical territories (Mistissini hunting territories) located east of the height of land (southeastern border of the JBNQA Territory) still remains unresolved mainly because Canada denies any commitment to resolving this claim and instead has negotiated and signed an Agreement-in-Principle (AIP) with several Innu communities. This AIP includes the Mistissini hunting territories east of the height of land within the territory of the Innu of Mashteuiatsh.

• The Government of Canada should fulfills its obligations and responsibilities and settle the rights and claims of the Cree Nation of Mistissini to their traditional and historical territories (Mistissini hunting territories) located east of the height of land (southeastern border of the JBNQA Territory) through negotiations in good faith.

Block D

Pursuant to Schedule D of the Agreement Concerning a New Relationship Between the Government of Quebec and the Crees of Quebec, Quebec shall transfer the administration, management and control of the lands designated as Block D, including the air strip, to the Government of Canada for the exclusive use and benefit of the Cree Nation of Chisasibi subject to certain terms and conditions. (Block D will become part of Category IA lands of Chisasibi.) The parties will use their best efforts to ensure that the final transfer by Quebec is completed no later than September 30, 2002.

As of February 12, 2014, the transfer of Block D has not been finalized. Phase I of the transfer has been finalized and a portion of Block D is ready for transfer. However, Phase II involves further measures for its environmental clean-up. Quebec and Canada have to agree on the standards for the environmental clean-up.

• The Government of Canada and Government of Quebec should forthwith proceed with the finalization of Phase I and II of the transfer of Block D to the Cree Nation of Chisasibi.

Effectiveness of the Cree-Naskapi Commission

Some Cree communities have commented on the increasing backlog of recommendations of the Commission from its past biennial reports that remain unresolved and outstanding for several years. They question the effectiveness of the Commission in raising these issues and concerns of the Crees with recommendations to address them.

• The Government of Canada, Cree Nation Government and the Naskapi Nation of Kawawachikamach should determine an effective process or mechanism to ensure proper and efficient follow-up and implementation of the recommendations of the Cree-Naskapi Commission.

Youth of Eeyou Istchee

A representative of the Eeyou youth from Chisasibi spoke about the lack of programs and services for the youth of the communities. Similar concerns have been raised by other Cree youth in the past hearings of the Commission.

As the Commission stated in Chapter 3 – Canada’s Response to the 2012 Recommendations of the Cree-Naskapi Commission – the issue of funding for youth programs and services is longstanding.

• The Cree Nation Government and the Cree Nation Youth Council of Eeyou Istchee should produce a report on the situation and needs of the Eeyou youth in the communities of Eeyou Istchee.
• The Government of Canada and the Cree Nation Government should conduct negotiations and discussions to address the needs of the Eeyou youth for programs and services with adequate funding in the Eeyou communities.

Cree Nation of Washaw Sibi

The members of the Cree Nation of Washaw Sibi are beneficiaries of the James Bay and Northern Quebec Agreement. However, even as beneficiaries of the Agreement, they do not receive as many of the benefits as other Cree communities.

The primary preoccupation of the Cree Nation of Washaw Sibi is the establishment of a distinct Cree community with their own Category IA land so that they can receive programs and services at the same level as the Crees in the other nine communities.

In an email dated March 27, 2014, and addressed to Mr. Brian Shawana, Director-General of the Commission, from Chief Pauline Trapper-Hester of the Cree Nation of Washaw Sibi, Chief Trapper-Hester states as follows: “we have selected our site for the new village, which was a major milestone for us… .”

Section 5.4 of Chapter 5 of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee states as follows:

• “The Cree beneficiaries of the JBNQA who have identified themselves as the Washaw Sibi Eeyou, some of whom are now residing in and around Pikogan, have expressed a desire to be recognized as a separate Cree Band. The Parties agree that this matter is fully resolved as between them by the following. Immediately following the coming into force of this Agreement, the CRA undertakes to initiate exploratory discussions with the Washaw Sibi Eeyou in order to identify possible options for the Washaw Sibi Eeyou. The CRA, and subsequently the Cree Nation Government, is responsible for any costs associated with implementing an option agreed on by the CRA and the Washaw Sibi Eeyou. If the CRA and the Washaw Sibi Eeyou decide to proceed with negotiations regarding recognition of the Washaw Sibi Eeyou as a separate Cree Band, Canada and Quebec will be invited to participate, subject to Section 2.8 of this Agreement.” (Section 2.8 of the Agreement provides “that no additional funding shall be provided by Canada, for the Term of this Agreement, with respect to additional costs which may be associated with the recognition and establishment of any new Cree Band in the Territory.”)

• The Cree Nation Government and the Cree Nation of Washaw Sibi should finalize exploratory discussions in order to identify possible options for the Washaw Sibi Eeyou. In particular, the Cree Nation Government and the Cree Nation of Washaw Sibi should finalize with the parties concerned all matters relating to the selection of a site for the new village of Washaw Sibi Eeyou.

Cree Trappers’ Association

The Cree Trappers’ Association (CTA) was created 36 years ago as a non-profit organization pursuant to sub-section 28.5 of Section 28 of the James Bay and Northern Quebec Agreement (JBNQA). Since that time it has played a very active role in protecting and promoting the interests of the Cree hunters and trappers, and generally supporting their wildlife harvesting activities through the provision of programs and services.

Since its establishment, the CTA has evolved in a period of rapid changes to the political, economic and social environment of Eeyou society and Eeyou Istchee.

According to the CTA, the Eeyou of Eeyou Istchee are presently facing interesting times and serious challenges as Eeyou governance advances with the formalization and establishment of a Cree Nation Government and the Eeyou Istchee James Bay Regional Government. The jurisdictions, functions and powers of these newly created governments touch upon matters of great interest to the CTA such as:

• land and resource management;
• management of wildlife resources;
• use and occupation of Eeyou Istchee;
• protection and maintenance of the Eeyou traditional way of life and culture;
• importance of establishing a framework for documenting important aspects of the changing Eeyou hunting economy and changing patterns of land use;
• need and importance of involving Eeyou lands users (Eeyou tallymen and hunters) in the processes for land use and resource conservation and management; and
• need and importance of developing a positive and beneficial relationship between the Eeyou and the Jamésiens for effective cooperation and governance.

• The Cree Nation Government and the Eeyou Istchee James Bay Regional Government should involve and consult the Cree Trappers’ Association in the exercise of governance for matters that impact the rights, interests and activities of Eeyou tallymen, hunters and their families.

Consequently, Eeyou of Eeyou Istchee have chosen and taken the following principal paths and arrangements for governance of Eeyou Istchee:

• traditional Eeyou system of governance and authority for each Indoh-hoh Istchee (Eeyou Hunting Territories);
• local government that involve a broad measure of Eeyou authority on an exclusive territorial base (Category IA and IB lands);
• Eeyou Nation Government (Cree Nation Government) that involve a broad measure of Eeyou authority on an exclusive (Category IA land) and non-exclusive (Category II land) territorial base; and
• public regional government (Eeyou Istchee James Bay Regional Government) that allow for significant Eeyou participation in decision-making over shared lands (Category III land) and resources.

Recently, Eeyou of Eeyou Istchee have negotiated and signed agreements concerning the governance of Eeyou Istchee with the Government of Quebec. These agreements and enabling provincial legislation has led to the establishment of the Cree Nation Government and the Eeyou Istchee James Bay Regional Government.

These are positive and promising measures for the advancement and exercise of Eeyou governance.

However, for the past 30 years, the Cree-Naskapi (of Quebec) Act has not maintained pace nor evolved with the exercise and practice of the Cree and Naskapi local government and the state of Aboriginal and contemporary law. In fact, certain existing provisions and terms and the absence of essential provisions of the Cree-Naskapi (of Quebec) Act constitute serious obstacles and constraints for Cree and Naskapi local effective government and administration.

The present and past reports, discussion papers and lessons learned from investigations of the Cree-Naskapi Commission result in conclusions, findings and recommendations respecting the review and revision of the Cree-Naskapi (of Quebec) Act so that it would reflect the present reality and evolving dynamics of Eeyou (and Naskapi) local government and the state of Aboriginal and contemporary law.

Therefore, it is equally important for the Government of Canada and the Cree Nation of Eeyou Istchee to find expression in their new relationship by advancing and enhancing Cree (and Naskapi) local government through appropriate amendments to the Cree-Naskapi (of Quebec) Act.

Furthermore, the representatives of the Government of Canada and the Eeyou of Eeyou Istchee have been conducting negotiations for “a Governance Agreement, Governance Legislation and possible amendments to the James Bay and Northern Quebec Agreement and to the Cree-Naskapi (of Quebec) Act (CNQA) concerning a Cree Nation Government with powers and authorities beyond the scope of the CNQA and its amendments in Part 1 of the Chapter. Such negotiations, if successful, would expand Cree Nation governance beyond the CNQA powers by establishing the structures and powers of a Cree Nation Government and the relationship of such Government with Cree Bands and federal and provincial governments.”1 However, these negotiations have reached an impasse due to Canada’s position to maintain the imposition of its Self-Government Policy in these governance negotiations.

In addition, the “Cree Nation will develop a Constitution which shall reflect its values and beliefs, be effective as the fundamental law of the Cree Nation, and be consistent with the Governance Agreement. Such Constitution must be ratified prior to or concurrently with the ratification of the Governance Agreement but will come into force at the same time as the Governance Agreement… .”

The reconciliation of Eeyou pre-existing and inherent rights with the sovereignty of the Crown has been, and continues to be, a major political, legal/constitutional and socio-economic challenge.

For Eeyou of Eeyou Istchee, mutual recognition of coexisting and self-governing peoples and nations is basic and fundamental in the continuing Eeyou relationships with Canada and Quebec.

This journey and shift to self-government is a fundamental aspect of nation-building as Eeyou of Eeyou Istchee have reclaimed governance as an Aboriginal right and activity.

For Eeyou of Eeyou Istchee, the JBNQA was meant to bring about the sharing of powers and responsibilities in the governance of Eeyou Istchee.

At the inauguration of the Eeyou Istchee James Bay Regional Government held in Waskaganish, Eeyou Istchee, on January 20, 2014, Grand Chief Matthew Coon Come of the Grand Council of the Crees (Eeyou Istchee) stated:

“Today marks the culmination of our efforts to build with the Jamésiens and with Québec a truly inclusive form of governance in the Eeyou Istchee Bay James territory. With the new Regional Government, we are turning the page on the old politics of exclusion, and embarking on a new partnership in governance between the Crees and Jamésiens. In so doing, the Regional Government gives life to the original vision in the

James Bay and Northern Québec Agreement of 1975 of a partnership in governance of the Territory. We are building something never before seen in Quebec. We know that the success of our new Regional Government will depend on what we, Crees and Jamésiens, make of it. So let us now, together, get down to the hard work of governing.”3