CREDITS

ACKNOWLEDGEMENTS

The Commissioners wish to acknowledge and thank the individuals and organizations
whose contributions have made this report possible. This includes the many people who raised issues and concerns through formal representations under the Act as well as through informal discussions. Special thanks also go to Dr. Joseph Jolly who made available his extensive research and analysis on the current and possible future role of Elders and Elders’ Councils in Cree governance.

The COVID-19 Pandemic has made normal operations of the Commission very challenging. Some of our usual activities such as in-person community engagement, meetings, briefings, etc. had become impossible. Electronic substitutes, conference calls and lengthy email exchanges are useful but often less effective. We appreciate the understanding and cooperation of the Cree and Naskapi individuals and their governments who have helped us work as effectively as possible during a difficult time.

The Commissioners offer a big “thank you” to Brian Shawana our Director General for his usual hard work and professionalism in providing advice and support, especially in the current challenging circumstances.

The Commissioners also want to thank Sandra Masson, our Executive Assistant for her consistently good work in providing administrative support in a wide range of responsibilities.

TABLE OF CONTENTS

• Chairman's Message
• Chapter 1: Introduction and Background
• Chapter 2: Role, Membership and Place of Elders; Elders’ Councils
  in the Eeyou/Eenou Nation and Communities of Eeyou Istchee
• Chapter 3: Canada’s Response to the 2018 Recommendations of the
  Cree-Naskapi Commission
• Chapter 4: Comments and Recommendations
• Chapter 5: Conclusions

The 2020–21 Annual Report

From 1986 until 2018 the Commission, in accordance with sections 165. (1) (a) and 171. (1) of the Cree-Naskapi (of Quebec) Act, prepared biennial reports on implementation of that Act which were submitted to the Minister who in turn was required to table them in Parliament. These reports were, pursuant to the Act, prepared and tabled in Cree and Naskapi as well as in English and French and were in fact the only documents required by law to be tabled in Parliament in an Indigenous language. The current legislation (the Naskapi and Cree-Naskapi Commission Act) eliminates the Parliamentary aspect of this reporting provision altogether. That being the case, the Commission has decided that basic accountability requires that we prepare an annual report somewhat similar to those produced by various Cree and Naskapi entities so that the communities, elected leaders and other interested parties will have a summary of the Commission’s activities on an annual basis.

Because of the circumstances created by the change in our legislated mandate followed closely by the pandemic, the present transitional report will cover the period from early 2018 until early 2021. Future reports will be released every 12 months. The previous biennial reports always included matters, relevant to the Commission’s mandate, raised by Elders, leaders, youth representatives, community members and others during the course of Special Implementation Hearings. This practice will be continued to provide an opportunity for feedback, suggestions and concerns to be brought to the attention not only of the Commission but also of the Cree and Naskapi governments, communities and others receiving the reports.

Special Implementation Hearings

From 1986 to 2018 the Commission was required to prepare biennial reports on the implementation of the Cree-Naskapi (of Quebec) Act. A certain amount of information on how implementation was working in practice could be obtained by examining the issues and concerns raised in the individual representations filed with the Commission. The limitations of this source included that the issues and concerns were mostly specific to individuals, tended to focus on complaints, which however legitimate, were mainly negative observations on how powers and duties were being exercised as part of implementation. What was clearly needed in addition were broader perspectives on progress being made as well as over-arching suggestions for improvement. With this in mind, the Commission began in 1986 to hold

Special Implementation Hearings at which Elders, the elected leaders, Youth Representatives and other interested individuals could share their views on a wide range of implementation issues from current progress to suggestions for future direction.

In the current legislation, while the reporting to Parliament is no longer required, the mandate to consider implementation issues continues. Because of the recent evolution of Cree governance, the mandate is somewhat different for the Naskapi and the Cree. Section 165 (1) says:

“165 (1) Subject to subsections (2) and (3), the Commission shall
(a) with respect to Naskapi beneficiaries, investigate any representation submitted to it relating to the implementation of this Act [the Naskapi and Cree-Naskapi Commission 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; and

(b) with respect to Cree beneficiaries, as defined in subsection 2 (2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, investigate any representation submitted to it relating to the implementation of the Agreement, as defined in subsection 2 (1) of that Act and the Cree Constitution, as defined in that subsection, including representations relating to the exercise or non-exercise of a power and the performance or non-performance of a duty under that Agreement or the Cree Constitution.1

It is in order to provide opportunities for input into the process of reporting on implementation that the Commission will continue to hold Special Implementation Hearings prior to the production of each Annual Report.

Major Issues Addressed in the 2020–21 Report

As noted earlier, a large proportion of the Commission’s work deals with individual’s specific concerns. These are raised as “representations” within the meaning of the Act and are for the most part subject to the privacy provisions of the Act. While the annual report will not normally cover these specific matters, areas in which there are frequent similar concerns will be reported on in more general terms. Some common concerns already raised have included:

• local elections for Chief and Council,
• accessibility of Councils to members,
• issues about trap line management, control and terms of transfer,
• formal and informal role of Elders in governance.

Because of the widespread interest in these issues, the Commission has prepared discussion papers on local elections as well as on the role of Elders and Elders’ Councils. These papers can be found on the Commission website www.creenaskapicommission.net.
We often receive representations which are outside of our mandate or can be addressed more effectively by another body. In cases where we decide not to pursue an investigation under the Act, we provide specific reasons and, where possible suggest alternative solutions.

Post-Pandemic Planning

Due to the restrictions necessitated by the pandemic, many activities that would normally have taken place have been postponed. One of the more urgent of these has been the need to ensure that the newly modified mandate of the Commission is known in the communities. If the commission is to fulfill the role envisaged in the legislation, it is important for members of the Cree and Naskapi communities to know what the Commission can and cannot do, how to access its services and what sort of outcomes they can expect. With this in mind, the Commission has updated its website to provide information on its modified mandate, advice on filing a representation, the process followed by the Commission after filing as well as additional services which can be provided.

Beyond simply updating the website the Commission will need to resume in-person briefings in the communities upon request. Written materials and on-line information are helpful but are not a substitute for face to face meetings and these will started as soon as it is possible to do so.

Future Evolution of the Cree-Naskapi Commission

Since the signing of the James Bay and Northern Quebec Agreement (JBNQA) in 1975 and the Northeastern Quebec Agreement (NEQA) in 1977, the Cree and Naskapi have increasingly exercised more and more of their inherent rights in the area of governance. A lot of this has involved major changes in their relations with the federal and provincial governments. That in turn has required new legislation and agreements to reflect the resumption of jurisdiction in many areas by the Cree and Naskapi governments.

During this same period the Cree-Naskapi Commission has gained extensive experience in how it can meet needs in dispute resolution as well as in “ombudsman type” functions. It has also made us aware of the limitations of such roles as well as what additional bodies and processes could, in future, serve related but distinct needs in the context of Cree and Naskapi governance.

How the Commission’s continuing dispute resolution and “ombudsman-type” roles evolve in the coming years will be the subject of discussions with the Cree and Naskapi. These discussions will need to begin on a priority basis as soon as the current pandemic restrictions allow for open meetings.

Insofar as the possible need for bodies and processes beyond the Commission is concerned, our 2018 Report of the Cree-Naskapi Commission outlined in Chapter 5 some of the ideas for such things as a Cree Court and other innovations which are (and likely should be) beyond the range of the mandate of bodies such as the Commission. Perhaps the Royal Commission on Aboriginal Peoples (RCAP) identified the issue as clearly as anyone when it said:

“Most institutions governing Aboriginal life today originate outside Aboriginal communities. For the most part, they operate according to rules that fail to reflect Aboriginal values and preferences. In every sector of public life, there is a need to make way for Aboriginal institutions.” “...these institutions... should be designed to complement, not compete with, [Aboriginal] nation structures.”2

This observation is especially applicable to federal and provincial tribunals, boards and, most importantly the courts. As the inherent right to self-governance is more fully exercised, more and more of these adjudicative functions will need, especially in the first instance, to be in the hands of the Cree Nation of Eeyou Istchee and the Naskapi Nation of Kawawachikamach.

END NOTES

1 Naskapi and Cree-Naskapi Commission Act, section 165, (1), (a) and (b).
2 Royal Commission on Aboriginal Peoples, People to People, Nation to Nation, (Highlights from the Report of the Royal Commission on Aboriginal Peoples), Ottawa, 1996.

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 1A or 1A-N land of the Cree bands and Naskapi band respectively.

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”4 to the Minister who “shall cause the report to be laid before each House of Parliament.”5

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.”6

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 1A 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.
In addition, the setting aside of Category 1A land for the benefit of the Cree Nation of Oujé-Bougoumou triggered the coming into force of the particular amendments to the Cree-Naskapi (of Quebec) Act which incorporated the Cree Nation of Oujé-Bougoumou into the Act. This historic milestone was reached on May 15, 2014.7

On February 21, 2008, 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.
The representatives of the Cree Regional Authority (which became the Cree Nation Government on January 1, 2014) and the Government of Canada have made positive progress to fulfill the purpose of Chapter 3 of the Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee. In particular, a process of negotiations was set up to discuss a Cree Nation Governance Agreement on Category 1A Lands and a Cree Constitution.

In the fall of 2016, the Cree and federal representatives finalized their discussions and concluded an Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada and the Cree Constitution.

On July 18, 2017, former Grand Chief Dr. Matthew Coon Come and Minister Carolyn Bennett of Crown-Indigenous Relations and Northern Affairs signed the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada.

The Governance Agreement has an objective of making more efficient existing governance powers and procedure on Category 1A lands under the James Bay and Northern Quebec Agreement and the Cree-Naskapi (of Quebec) Act. Arrangements regarding Cree local and regional governance on Category 1A lands will be transferred from the Cree-Naskapi (of Quebec) Act into the Governance Agreement and the Cree Constitution.

Under Chapter 33 of the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, Canada undertook to recommend to Parliament the Governance Legislation which shall provide for the following:

a) that the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada is approved, given effect, declared valid and has the force of law; and
b) that the Cree Constitution is given effect and has the force of law;
c) that a Cree Law made in accordance with this Agreement and the Cree Constitution has the force of law; and
d) for the consequential amendments to its laws, in particular the Cree-Naskapi (of Quebec) Act, in order to ensure their consistency with this Agreement.

On February 14, 2018, the Minister of Crown-Indigenous Relations and Northern Affairs introduced in the House of Commons of Canada Bill C-70 which is the Governance Legislation contemplated by the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada. Bill C-70 gives effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada. It amends the Cree-Naskapi (of Quebec) Act to ensure that the Act no longer applies to the Crees of Eeyou Istchee and to make changes to certain aspects of the mandate of the Cree-Naskapi Commission to take into account the Agreement. It also makes related consequential amendments to other Acts.

Pursuant to Chapter 26 (Cree-Naskapi Commission) of the Agreement Concerning a New Relationship between the Government of Canada and the Crees of Eeyou Istchee, the “Cree-Naskapi Commission shall, with respect to the Crees, investigate any representation submitted to it relation to the implementation of this Agreement and the Cree Constitution, including representations relating to the exercise or non-exercise of a power under this Agreement or the Cree Constitution and the performance or non-performance of a duty under this Agreement or the Cree Constitution, the whole in accordance with the provisions of subsection 165(2) to section 170 of the Cree-Naskapi (of Quebec) Act as it read immediately before the Effective Date, with such modifications as may be required having regard to the provisions of this Agreement.”8

Once the Agreement is approved, given effect, declared valid and has the force of law, in virtue of the Governance Legislation (Bill C-70), the Cree-Naskapi Commission shall no longer prepare and submit to the Minister biennial reports on the implementation of the Cree-Naskapi (of Quebec) Act in accordance with subsection 171(1) of the said Act.

“During the period of development of the Governance Legislation, Canada and the Cree Nation Government shall examine, in collaboration with the Naskapi Nation of Kawawachikamach, the role of the Cree-Naskapi Commission provided for in Part XII of the Cree-Naskapi (of Quebec) Act as it read immediately before the Effective Date having regard to, in particular, the need to avoid duplication with processes or bodies provided for under this Agreement…”9

On March 27, 2018, Bill C-70: An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts went through its last stage or the third reading in the Senate.

Consequently, upon the coming into force of Bill C-70, the long title of the Cree-Naskapi (of Quebec) Act is replaced by the following: An Act respecting certain provisions of the Northeastern Quebec Agreement relating principally to Naskapi local government and to the land regime governing Category 1A-N land and respecting the Cree-Naskapi Commission. This Act may be cited as the Naskapi and the Cree-Naskapi Commission Act.
Pursuant to Section 165 (1) of the Naskapi and the Cree-Naskapi Commission Act, the duties of the Cree-Naskapi Commission are described as follows:

“165 (1) Subject to subsections (2) and (3), the Commission shall
(a) with respect to Naskapi beneficiaries, 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; and
(b) with respect to Cree beneficiaries, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, investigate any representation submitted to it relating to the implementation of the Agreement, as defined in subsection 2(1) of that Act and the Cree Constitution, as defined in that subsection, including representations relating to the exercise or non-exercise of a power and the performance or non-performance of a duty under that Agreement or the Cree Constitution.”

Furthermore, Section 98 of the Act repeals Section 171 of the Cree-Naskapi (of Quebec) Act. (Section 171 of the Cree-Naskapi (of Quebec) Act describes the duty of the Cree-Naskapi Commission to prepare and submit a biennial report to the Minister who shall cause the report to be laid before each House of Parliament.)

However, the transitional provisions of the Act provide as follows:

“Cree-Naskapi Commission’s report to Parliament
124 (1) The Cree-Naskapi Commission may prepare and submit to the Minister of Indian Affairs and Northern Development a last report in English, French, Cree and Naskapi, for the period beginning on the day that follows the end of the period for which the 2016 Report of the Cree-Naskapi Commission was completed and ending on the day on which section 98 comes into force, on the implementation of the Cree-Naskapi (of Quebec) Act, and the Minister shall cause the report to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the day on which the Minister receives it.
Circulation of report
(2) As soon as feasible after the report is laid before each House of Parliament, the Minister shall send a copy of the report to the Cree Nation Government, the Naskapi Development Corporation, the council of each Cree First Nation and the council of the Naskapi band.”10

In summary and for the purposes of clarity, Bill C-70 does not repeal or replace the Cree-Naskapi (of Quebec) Act. It uses another technique to deal with this Act.
Part 1 enacts the Cree Nation of Eeyou Istchee Governance Agreement Act. This Act:

1) gives effect and force of law to the Cree Nation of Eeyou Istchee Governance Agreement and the Cree Constitution, which replace the Cree-Naskapi (of Quebec) Act for the Crees, Cree First Nations and Category IA lands; and
2) gives force of law to the laws adopted by the Cree First Nations and the Cree Nation Government under the Governance Agreement and Cree Constitution.

Part 2 deals with the Cree-Naskapi (of Quebec) Act. This Act is not repealed, but its title is replaced by the new short title, Naskapi and the Cree-Naskapi Commission Act.

Part 2 also amends many sections of this Act to remove references to the Crees, and to ensure that the amended Act applies only to the Naskapi.

Part 2 also preserves the Cree-Naskapi Commission, while modifying its duties so to eliminate the report to Parliament and continue its “ombudsman” function of investigating representations of Cree or Naskapi beneficiaries.

Bill C-70 came into force on March 29, 2018.

The Commission conducted Special Implementation Hearings in order to prepare for its 2018 biennial report. These hearings, conducted in Montreal on February 5, 6 and 7, 2018 and in Ottawa on February 24, 2018, 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 2018 biennial report are based on the Commission’s understanding and analysis on the issues and concerns raised in these hearings.

On October 26, 2018, the 2018 Biennial Report of the Cree-Naskapi Commission was tabled in Parliament. Pursuant to Section 98 of the Naskapi and the Cree-Naskapi Commission Act, the 2018 report is the last biennial report of the Cree-Naskapi Commission.

With the coming into force of the Naskapi and Cree-Naskapi Commission Act, the Cree-Naskapi Commission shall no longer prepare and submit to the Minister biennial reports on the implementation of the Cree-Naskapi (of Quebec) Act and related matters in accordance with section 171 of the said Act. Consequently and after the preparation and submission of sixteen (16) biennial reports by the Cree -Naskapi Commission pursuant to subsection 165 (1) and section 171 of the Cree-Naskapi (of Quebec) Act, the duty of the Commission to report to Parliament every second year on the implementation of the Cree-Naskapi (of Quebec) Act and related matters has now ended.

Since the discontinuation of Reports to the Minister for tabling in Parliament, the Cree-Naskapi Commission shall be preparing regular Annual Reports mainly for accountability and information to the Cree and Naskapi communities. Copies of these reports can be made available to the Minister as well.

Since its response to the 2002 Report of the Cree-Naskapi Commission, Indigenous and Northern Affairs Canada has provided a comprehensive response to the recommendations of the Commission. These responses of Indigenous and Northern Affairs Canada are useful as the responsibility of the Minster to report on the implementation of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement expired in 1999. Consequently, the Commission reports and comments on these responses of the Department in its biennial reports. In this manner, the Cree and Naskapi Nations are aware of the Department’s responses to their particular issues and concerns.

The Minister has committed to responding to the recommendations, in the 2018 report, which are addressed to Canada.

Therefore, the Commission held a special implementation hearing on February 10, 2020, in Montreal to permit Crown-Indigenous Relations and Northern Affairs Canada to present their response. However, the representative of the Department stated that Canada remained committed to submitting a comprehensive written response but the said response was waiting to be approved by other federal departments concerned.

On April 30, 2020, Crown- Indigenous Relations and Northern Affairs Canada submitted its written response to the Commission on the recommendations in the 2018 report, which are addressed to Canada.

Since the coming into force of the Naskapi and the Cree-Naskapi Commission Act, the Commission submits its first 2021 Annual Report which contains the response of Canada and the comments, conclusions and recommendations of the Commission. The Chairman’s Message describes the main activities and work of the Commission. The Report contains also a summary of the discussion paper on Elders which was prepared by the Commission in collaboration with Dr. Joseph Jolly.

END NOTES

1 Quebec (Attorney General) v. Moses, 2010 SCC 17, [2010] 1 S.C.C. 557

2 James Bay and Northern Quebec Agreement – 2006 Edition, les Publications du Quebec, Section 9 (Local Government over Category IA Lands), paragraph 9.0.1, p. 172

3 Cree-Naskapi (of Quebec) Act, S.C. 1984. c. 18, Preamble

4 Ibid, section 171 (1)

5 Ibid.

6 Ibid, section 21 (j)

7 Oujé-Bougoumou Cree Nation: Presentation to the Commissioners of the Cree-Naskapi Commission – Special Implementation Hearings – Montreal, February 9, 2016. Page 3

8 Paragraph 26.1 of Chapter 26 (Cree-Naskapi Commission) of the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada

9 Paragraph 26.2 of Chapter 26 (Cree-Naskapi Commission) of the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada

10 Transitional Provisions of subsections (1) and (2) of section 124 of Bill C-70: An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts

3. Elders’ Councils

The Eeyou/Eenou of Eeyou Istchee have a regional Elders’ Council and the Eeyou/Eenou communities have a local Elders’ Council.

Elders’ Councils are comprised of elected or appointed members if they meet the prerequisites of the Eeyou/Eenou governing authority and/or recognized as Elders by the members of the Eeyou/Eenou community.

4. Elders in Governance

The meaning and practice of Eeyou/Eenou governance has evolved and has been and continues to be redefined by Eeyou/Eenou on the basis of rights, freedoms, values, culture, traditional law and customs and the intent and spirit of the James Bay and Northern Quebec Agreement and its related Agreements.

Through the implementation of the James Bay and Northern Quebec Agreement, the Eeyou/Eenou of Eeyou Istchee have exercised the right of self-government to commence the process of rebuilding the Eeyou/Eenou Nation. The local Eeyou/Eenou Governments and the Cree Nation Government should acknowledge the essential role of Elders and the traditional knowledge that they have to contribute in rebuilding the Eeyou/Eenou Nation and reconstructing institutions to support Eeyou/Eenou self- determination and well-being.

In the exercise of their legislative functions, the Eeyou/Eeyou First Nation Governments and the Cree Nation Government should consult and seek counsel with the Elders and Elders Councils especially on the passage of laws respecting language, culture and collective well-being.

According to the Elders, the Eeyou/Eenou of Eeyou Istchee need to govern themselves along the holistic principles that have traditionally provided balance in lives of the people. To this end, the Eeyou/Eenou Governments need to be more involved in health and education of the Eeyou/Eenou Nation in collaboration with the Cree School Board and the Cree Board of Health and Social Services of James Bay. The Elders, grounded in traditional knowledge, can lead the struggle to re-establish culturally appropriate models of governance.

5. Elders in Education, Culture, Language and Values

Because of federal domination in Indian education and assimilationist policies before 1975, the legacy of the past respecting education of Eeyou/Eenou children of Eeyou Istchee is formidable, bitter and pervasive.

Consequently, the Eeyou/Eenou who have been subjected to the past oppressive and abusive system of education and racist detrimental policies wanted a break from the past and transform the control, content, goal, and direction of the education of their children and future generations of Eeyou/Eenou in a manner that provided for a positive evolution of Eeyou/Eenou culture and society and under the determination and control of Eeyou/Eenou of Eeyou Istchee.

Therefore, the Cree School Board (Eeyou Chiskutimaachaawin) was formally established in 1978 with its full jurisdiction and responsibility for elementary, secondary, post-secondary and adult education and to promote Eeyou language and culture pursuant to the terms and provisions of Section 16 of the James Bay and Northern Quebec Agreement.)
However, for the past forty (40) years, the Eeyou/Eenou of Eeyou Istchee has had and still continue to face a difficult and complex challenge to move from models of external domination, control and assimilation to those models that are culturally, linguistically and philosophically relevant and empowering to Eeyou/Eenou individuals, families, communities and Eeyou/Eenou Nation.

The Elders are the keepers and teachers of traditional knowledge, values and culture that includes the Eeyou/Eenou language. The knowledge and teachings of Elders constitute part of Eeyou/Eenou Eedouwun and also form part of the intellectual tradition of the Eeyou/Eenou of Eeyou Istchee.

The knowledge and teachings of Elders are transmitted through oral tradition, but such transmission is absent in the local schools of the Cree School Board. The Elders appear to be not formally recognized by the Cree School Board for their unique cultural and traditional knowledge in the education of Eeyou/Eenou children and youth.

The Cree School Board may not have the appropriate resources to support the involvement and participation of the Elders in the education of the Eeyou/Eenou children and youth of Istchee. However, the traditional knowledge, culture and values of the Eeyou/Eenou of Eeyou Istchee need to be recognized and promoted by the Cree School Board through the involvement of the Elders in the education of the Eeyou/Eenou children and youth of Eeyou Istchee.
Furthermore, the Elders and Elders’ Councils of Eeyou Istchee can assist and participate in the establishment of measures for the reclamation, revitalization, maintenance and strengthening of the Eeyou/Eenou language.

The Cree School Board needs to integrate Eeyou/Eenou culture and other forms of Eeyou Eedouwun into its development of courses, textbooks and curriculum for the programs and services that it offers. The Elders can be useful in this particular exercise.

New models of education are necessary for Eeyou/Eenou children and youth if they are to learn about Eeyou/Eenou Eedouwun and to take their place as Eeyou/Eenou in the Eeyou/Eenou society of Eeyou Istchee. The Elders should have a role in developing these new models and in implementing the teaching of Eeyou/Eenou Eedouwun such as language, traditional knowledge and culture.

6. Elders in Health, Social Issues, Justice, Lands and Resources

• As a result of rapid developments and changes to the political, economic and social landscape of Eeyou Istchee over the past five (5) decades, the Elders speak about the breakdown of Eeyou/Eenou society and the consequent loss of cultural values. The Elders speak about the restoration, renewal and continuance of Eeyou/Eenou Eedouwin such as cultural values. The Elders teach and promote respect, responsibility, caring and sharing as fundamental components of solutions to the social problems of the Eeyou/Eenou.
  
• The Elders have taken Eeyou/Eenou youth to bush camps in the Indoh-hoh Istchee to learn Eeyou/Eenou Eedouwun such as survival skills, traditional knowledge, discipline and values. Some troubled youth have been taken to such bush camps for their well-being as well.

• Justice in the Eeyou/Eenou society focused not on punishment but on restoring harmony to the community. The Eeyou/Eenou had rules and well-established social mores were in place to keep conflict to a minimum. The Elders had a role in resolving disputes.
  The Elders possess knowledge about traditional healing approaches and traditional herbs, plants and other traditional medicines which assist in the well-being and health of Eeyou/Eenou individuals.
  
• In the consultations over the past years, the Elders spoke about the importance and continuance of Eeyou Eedouwin. In particular, they said that the Eeyou/Eenou have a special relationship to the land (Eeyou Istchee) and that they belong to the land which is deeply intertwined with their identity, culture and well-being. Therefore, the Eeyou/Eenou consider themselves the stewards, custodians and guardians of Eeyou Istchee.
• Consequently, the Eeyou/Eenou, according to the Elders, should have a meaningful participation in the governance and management of Eeyou Istchee and its natural resources such as wildlife, forests, water and minerals. The Eeyou/Eenou, particularly the Elders with their traditional knowledge, must have more participation and control over laws regarding jurisdiction of their traditional territories.

7. Summary, Conclusion and Suggestions Resources

• Throughout the consultations with the Eeyou/Eenou of Eeyou Istchee on the court case respecting the James Bay Hydroelectric Development Project and subsequent negotiations respecting the James Bay and Northern Quebec Agreement, the Eeyou/Eenou particularly the Elders talked about the essential need and fundamental importance of Eeyou/Eenou Eedouwun.
  
• Furthermore, it is the responsibility of the Cree Nation Government, the Cree School Board, Eeyou/Eenou local governments and other Eeyou/Eenou institutions and entities, as well as Eeyou/Eenou families, elders and youth, to strive together in a spirit of cooperation and in diverse ways, so as to ensure that the Eeyou/Eenou Eedouwin such as the Eeyou/Eenou culture, language and values is maintained, vibrant and strengthened for present and future generations.
  
• In light of the issues and concerns discussed in the present discussion paper, the Cree-Naskapi Commission submits the following suggestions for consideration, discussion and appropriate action:

1) The Eeyou/Eenou governments and public institutions should acknowledge the essential role of Elders and the traditional knowledge that they have to contribute in rebuilding the Eeyou/Eenou Nation to support Eeyou/Eenou self- determination and well-being.


2) The Eeyou/Eenou of Eeyou Istchee, through their governments, with the collaboration of the local and regional Elders’ Councils, should determine other measures that will, in a positive and meaningful manner, permit the Elders of Eeyou Istchee to be involved in the process of nation-building and nation-rebuilding to reclaim and restore governance, culture, language, way of life, and other forms of Eeyou /Eenou Eedouwun in a manner that develops and sustains Eeyou/Eenou society that works – economically, socially, culturally and politically.


3) In the exercise of their legislative functions, the Eeyou/Eeyou First Nation Governments and the Cree Nation Government should consult and seek counsel with the Elders and Elders Councils especially on the passage of laws respecting language, culture and collective well-being.

4) The Eeyou/Eenou governments and public institutions such as the Cree School Board and the Cree Board of Health and Social Services of James Bay should recognize Elders as experts of Eeyou/Eenou Eedouwun and be treated as professionals and compensated for their contribution at a rate and in a manner that shows respect for their expertise and unique knowledge.


5) The Council of the Cree Nation Government should adopt a resolution for the purposes of initiating a process for an amendment to the Cree Constitution to achieve the following purposes:
a) To acknowledge and recognize the essential role of Elders in the pursuit, achievement and maintenance of “miiyoupimaatsiiwin;”
b) To acknowledge the Elders of Eeyou/Eenou Istchee as the cornerstone of Eeyou/Eenou culture as the keepers and teachers of Eeyou/Eenou Eedouwun such as traditional knowledge, culture and language;
c) To acknowledge the importance and essential role of Elders in building the Eeyou/Eenou Nation to support Eeyou/Eenou self- determination and well-being;
d) To recognize, acknowledge and support local and regional Elders’ Councils;
e) To enable the Elders’ Councils to advise Eeyou/Eenou governments and institutions on legislation and policies relating to language, culture and well-being;
f) To describe the general roles and mandates of the local and regional Elders’ Councils;
g) To permit the Elders’ Councils to determine other appropriate roles, duties and responsibilities of the local and regional Elders’ Councils;
h) To recognize the independence of the Elders’ Council and to protect the said Councils so that they can perform their roles and duties without political and administrative interference;
i) To empower and permit the local and regional Elders’ Councils to determine the criteria for appointment as a member of the local and regional Elders’ Councils, definition and qualifications of an Elder: and
j) To permit the appointment and term of elders to the local and regional Elders’ Councils by the members of the Eeyou/Eenou of Eeyou Istchee.


6) The Local Cree Nation Governments and the Cree Nation Government and/or Grand Council of the Crees (Eeyou Istchee) should provide adequate human and financial resources to the local and regional Elders’ Councils of Eeyou Istchee.


7) In order to further promote the use of the Eeyou/Eenou Ayimouwun (Eeyou/Eenou language) and support Eeyou/Eenou efforts to reclaim, revitalize, maintain and strengthen the Eeyou/Eenou Ayimouwun, the Cree Nation Government should amend its Act cited as the Cree Language Act of Eeyou Istchee to formally establish the Eeyou/Eenou Ayimouwun as the official language of the Eeyou/Eenou of Eeyou Istchee.

8) Furthermore, the Cree Nation Government and the Cree School Board, in collaboration with the Elders’ Councils of Eeyou Istchee, should determine positive measures with appropriate funding and with the participation of Elders to reclaim, revitalize, maintain and strengthen the Eeyou/Eenou Ayimouwun.


9) The Cree School Board should formally recognize the Elders and Elders’ Councils of Eeyou Istchee for their unique knowledge and teachings of culture, values, language and traditional knowledge that could benefit the education of Eeyou/Eenou children and youth.


10) The Cree School Board should develop courses, textbooks and other materials designed to preserve and transmit the language and culture of the Eeyou/Eenou of Eeyou Istchee in virtue of Section 16 of the James Bay and Northern Quebec Agreement.


11) The Cree School Board, with the collaboration of the local and regional Elders’ Councils of Eeyou Istchee, should determine the most appropriate way:


a) to involve the Elders and Elders’ Councils in the education and schooling of Eeyou/Eenou children and youth;


b) to transmit and make accessible traditional knowledge, culture and values in the education and schooling of Eeyou/Eenou children and youth;


c) to involve the Elders and Elders’ Councils in the teaching and advancement of the Eeyou/Eenou Ayimoowun (Eeyou/Eenou language) in the schools under its
jurisdiction; and


d) to involve the Elders and Elders’ Councils in the integration of Eeyou/Eenou culture and other forms of Eeyou/Eenou Eedouwun in its development of courses, textbooks and curriculum for the education and schooling of Eeyou/Eenou children and youth.


12) The Cree Board of Health and Social Services of James Bay should formally recognize the Elders for their knowledge of traditional healing and medicine.


13) The Cree Board of Health and Social Services of James Bay, with the collaboration of the local and regional Elders’ Councils, should determine the most appropriate way to collect and use traditional healing and traditional herbs, plants and other traditional medicines for the benefit of Eeyou/Eenou of Eeyou Istchee.


14) The Department of Justice and Correctional Services of the Cree Nation Government, Cree School Board, Cree Board of Health and Social Services of James Bay and the Cree Trappers’ Association, with the collaboration of the local and regional Elders’ Councils, should determine appropriately funded programs that would permit the Elders to take Eeyou/Eenou youth to bush camps in the Indoh-hoh Istchee for their well-being and to learn Eeyou/Eenou Eedouwun such as survival skills, traditional knowledge, language, discipline and values.


15) The Cree Nation Government and the Cree Trappers Association, with the collaboration of the local and regional Elders’ Councils, should determine the most appropriate process in which the Elders participate in a positive and meaningful manner for the resolution of disputes respecting the territorial integrity of Eeyou/Eenou Indoh-hoh Istchee and the determination of the appropriate Indoh-hoh Oujé-Maaou for a Indoh-hoh Istchee in question.


16) The Eeyou/Eenou governments, authorities, institutions and entities should ensure that the Elders of Eeyou Istchee have adequate services and programs for their well-being and health.


• The Cree-Naskapi Commission believes that the acceptance and implementation of these suggestions by the Eeyou/Eenou governments, authorities, institutions and entities would assist the Eeyou/Eenou of Eeyou Istchee in the determination of the appropriate role, membership and rightful place of Elders and Elders’ Councils in the Eeyou/Eenou Nation and Communities.
• 
  

COMMISSION COMMENTS

The issue of “Block D” has been under discussion for many years. The matter was raised by Chisasibi representatives at the Commission’s hearings in 1998 and was the subject of one of our recommendations in that year. It has also been addressed in each of our subsequent 10 Reports over a period of 20 years. It is now 22 years later and the land transfer is still not complete.

The Commission is glad to hear that action on this file is continuing. We trust that the land transfer will finally be complete in the coming months.

Update (March 2021)

In the case of recommendation 12 concerning the long-delayed final transfer of “Block D” lands to the Cree Nation of Chisasibi, Chief Daisy House reports that they are anxious to complete the second phase of the transfer. The landscaping of the site is to be completed this summer and groundwater monitoring will continue on the site for 2 years. We can expect to hear more details shortly.

On March 5, 2021, Deborah Hawken of Hawken Law, at the request of Chief Daisey House provided a report on the current status of “Block D” along with comments on the 500-foot corridor running parallel to the Chisasibi access road. In relation to “Block D” the report reads as follows:

“We regret to inform that, as at March 5, 2021, the full and complete transfer of the lands known as “Block D” remains incomplete.”

“For reasons of jurisdictional wrangling, the transfer of the lands known as “Block D” was separated into two components.”

“The transfer of the first component, which was not affected by any environmental pollution arising from the activities of the James Bay Energy Corporation, the James Bay Development Corporation or their mandataries (the “Phase 1” transfer), was completed in December 2014 when the Government of Canada accepted by order-in-council the transfer of the management and control of the Phase 1 lands from the Government of Quebec for the exclusive use and benefit of the Cree Nation of Chisasibi. This component comprised the majority of the “Block D” lands. The status of these Phase 1 lands as Category 1A lands of the Cree Nation of Chisasibi is now restored.”

“Following an understanding reached in 2014 between the Cree Nation of Chisasibi and the Government of Quebec with respect to the clean-up of the remaining heavily contaminated “Phase 2” component, Hydro-Quebec was mandated by the Government of Quebec to proceed with the work, which was complete in December 2019, subject to completion of a groundwater monitoring program.”

“Section 5.5 of the 2008 Cree-Canada New Relationship Agreement requires the Government of Canada to accept the transfer of the lands known as “Block D”, subject to certain issues related to the restoration of these lands.”

“The Government of Canada, although it did not participate in the oversight of the Phase 2 clean-up, has now agreed to accept the use of provincial environmental standards in assessing the acceptance of the transfer of the Phase 2 lands from the Government of Quebec.”

“In December 2020, the Government of Canada formally requested the Government of Quebec to transfer the phase 2 lands. However, at this date, the formal transfer process from the Government of Quebec to the Government of Canada has not yet begun.”

“These comments reflect the current status of the implementation of section 10.1 of the Cree-Quebec New Relationship Agreement and section 5.5 of the Cree-Canada New Relationship Agreement as of 5 March 2021.”

The comments from Deborah Hawken quoted above constitute a full picture of the status of “Block D” lands as of March 5, 2021. The update from Deborah Hawken also addressed the “500-foot corridor” issue. It reads as follows:

“However, we take the liberty of noting the comments by the Commission with regard to the 500-foot corridor crossing Chisasibi’s Category 1A lands and running parallel to the Chisasibi access road. It states:

“2.5 Five Hundred (500) Foot Category III Corridor
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 1 lands shall be Category III lands.
However there shall be Category III lands for a distance of five hundred feet on each side of said roads. [Ms. Hawken notes correctly below that this is a typo and should read ‘Category II’ lands.]

As previously reported in 2014 and 2016, this corridor of five hundred (500) feet on each side of the road that adjoins the community of Chisasibi remains a barrier to community development and expansion.

Presently Quebec is only willing to transfer the land situated in the corridor if an equal portion of existing Category IA land is ceded to Quebec. The Cree Nation of Chisasibi cannot agree to a cession of any portion of its Category IA land. This issue needs to be resolved so that the Cree Nation of Chisasibi can pursue its community development plans.”

“First, we note that the 500-foot corridor is designated as Category II land under the JBNQA, not Category III land.

Second, although these comments were not followed by a recommendation, we urge the Commission to reiterate to all parties this continuing concern by the Cree Nation of Chisasibi, which becomes more pressing with the passage of time and the growth of the community. The Government of Quebec does not wish to change the total area of Category I lands set out in the JBNQA despite the fact that Chisasibi has lost a portion of such land to erosion caused by the increase flow of the La Grande River that exceeds the approximately 7 square miles (19 square kilometres) that the corridor represents.”

The Commission shares this concern of the Cree Nation of Chisasibi and recommends that this issue be resolved in two steps. The first step is for Government of Quebec to acknowledge that there will be compensation in equivalent land for the Category I lands which the Cree Nation of Chisasibi lost to erosion as a result of the impact of the La Grande Complex Project 1975. The second step is for the parties to negotiate the exact lands to be provided. These two steps need to take place promptly.

RECOMMENDATION 33

“The Cree Nation Government and the Government of Canada commence discussions on a process for an appropriate mandate and negotiations for the recognition of a MoCreebec Eeyou community with the participation of the Government of Ontario.”

CANADA’S RESPONSE

“Canada has been working for several years with the MoCreebec Eeyou and the Cree Nation Government to explore long-term solutions for the MoCreebec Eeyou community, which is located on Treaty No 9 territory on the Ontario side of the [sic] James Bay. These discussions focused on the priorities identified by the MoCreebec, which included housing, a viable land base and adequate funds to support their educational and social health needs. Since they are located outside of the James Bay and Northern Quebec Agreement territory, the MoCreebec are not entitled to benefits under the James Bay and Northern Quebec Agreement as per the eligibility clause in sub-section 3.2.7.”

“Between 2014 and 2016, departmental officials met with the MoCreebec, Cree Nation Government representatives and the Province of Ontario to clarify the priorities of the MoCreebec Eeyou and explore possible options and next steps. The MoCreebec and the Moose Cree First Nation received funds for a 3-year project funded by Canada to each develop a viable comprehensive community plan. This initiative aimed at exploring how the MoCreebec and the Moose Factory Cree could cohabit in proximity, while respecting their respective rights and interests.”

“In recent years, no formal discussions pertaining to the MoCreebec Eeyou have taken place with Canada, at the request of the Cree Nation Government. It is understood that at this time, internal discussions are taking place between the MoCreebec Eeyou and the Cree Nation Government.”

COMMISSION COMMENTS

In June of 2020 before preparing our comments on this matter, the Commission contacted Chief Allan Jolly who provided a useful update on the present situation. At that time, he reported:

“CNG wanted MoCreebec Eeyoud to choose the location of the new community site before approaching the federal government to begin serious discussions on the legal and political framework of the new community. We had initiated a six-month consultation process with our membership on various new community site location options. The final step was scheduled to take place this past June 6th where a membership vote was to be done on the final choice. However, COVID-19 has put that on the back burner for now. It may take several months from now to finalize the voting.”

Update (March 2021)

In March of 2021 Chief Jolly provided a further update. In spite of delays caused by COVID-19, progress had been made. Chief Jolly indicated that thanks to the efforts of the Cree Nation Government on behalf of MoCreebec, Training and Employment dollars will be flowed to MoCreebec via the CNG. This is certainly a positive development.

Insofar as the site selection process is concerned, it appears that a final choice will be made in the very near future. On the broader issue of the political and legal status of MoCreebec, Chief Jolly is optimistic that progress is being made.

Canada’s response also includes a reference to section 3.2.7. of the JBNQA concerning the “ten-year rule,” which deals with a ten year absence from the JBNQA territory. This section is not directly relevant to the issue at hand. Moreover, MoCreebec community members are beneficiaries of the James Bay and Northern Quebec Agreement.

The Commission looks forward to hearing of progress as the MoCreebec Eeyoud moves forward to achieving its goals for a new community with full self-governance according to its own preferences and aspirations. Recent progress looks promising.

RECOMMENDATION 38

“Canada, Quebec and the Native Parties should review and revise the NEQA and the JBNQA to enable the Naskapi to appoint one member on the Kativik Environmental Quality Commission, the Steering Committee, the Review Panel and the Kativik Environmental Advisory Committee, and to ensure that the Naskapi Nation’s unique perspective and particular interests are taken into account throughout the consultations and in social and environmental review and assessment processes.”

CANADA’S RESPONSE

“Canada is open to exploring potential ways to address this concern including amendments to the Northeastern Quebec Agreement.”

“In 2018, the Kativik Environmental Advisory Committee (KEAC), Kativik Environmental Quality Committee (KEQC), the Kativik Regional Government (KRG) and the Procureur general du Quebec (PGQ) received an application for judicial review and a motion for declaratory judgement from the Naskapi Nation of Kawawachikamach. The case pertains to two issues: 1) the Naskapi want to cancel the appointment of the KEAC’s Inuit member nominated by the Kativik Regional Government; and 2) it would like to be better consulted and accommodated under Quebec’s Environmental Quality Act. Canada is not named in the judicial review.”

“The findings of the judicial review may help to determine how to move forward. Although Canada is not named in the judicial review, Canada is following the proceedings closely and will work with the Naskapi Nation and the other relevant organizations to address the findings of the judicial review.”

COMMISSION COMMENTS

Understandably the results of the judicial review will need to be fully considered by all parties before any further steps are taken. Once that is done however, action, consistent with the findings of the judicial review, needs to be taken promptly to ensure that the interests and perspectives of the Naskapi Nation are properly and fairly represented in all of the environmental advisory and decision-making bodies and processes.

RECOMMENDATION 39

“Canada, Quebec and the Native Parties concerned should review and amend the NEQA and the JBNQA to extend self-governance and self-representation to the Naskapi Nation of Kawawachikamach for matters and issues involving the Naskapi Territory.”

CANADA’S RESPONSE

“In January 2018, Canada and the Naskapi Nation of Kawawachikamach established a Recognition of Indigenous Rights and Self-Determination discussion table.”

“Canada is committed to work with the Naskapi Nation to find common ground to advance matters and priorities identified by and important to the Naskapi Nation. These priorities include the modernization of their existing governance regime under the Northeastern Quebec Agreement and the Naskapi and Cree-Naskapi Commission Act and setting out a comprehensive regime of Naskapi self-governance on Category 1A-N lands, subject to federal jurisdiction under the Northeastern Quebec Agreement.”

“Trilateral discussions with the Province of Quebec will be required for matters falling under its jurisdiction.”

COMMISSION COMMENTS

The Commission has observed the enormous progress which the Cree have made in asserting and expanding the exercise of their inherent right of self-governance since the signing of the James Bay and Northern Quebec Agreement in 1975. The most recent step in this process was the July 18, 2017 signing of the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada and the adoption of the Cree Constitution. (Both of these were subsequently reflected in federal legislation.)

It is clear that while the priorities, structures and processes of the Naskapi Nation will be unique to that nation, they will need some jurisdictional and legal tools to enable them to exercise their inherent right to self-governance. While these tools may be different from those chosen by the Cree, it is essential that processes and negotiations to achieve them are gotten underway in a timely manner. The steps to which Canada is committed are an encouraging start but the process needs to be accelerated. We look forward to a time when the negotiations come to fruition.

RECOMMENDATION 40

“Quebec, Canada and the Naskapi Nation of Kawawachikamach should review and amend the NEQA to ensure adequate funding, programs and services for housing and daycare services in Kawawachikamach.”

CANADA’S RESPONSE

“Canada continues to fulfill its funding obligations under the Northeastern Quebec Agreement to the Naskapi Nation of Kawawachikamach through two multi-year funding agreements. The capital funding agreement, which transferred $2,337,106 in fiscal year 2019–2020, provides financial assistance for housing and infrastructure projects. The operations and maintenance $10,561,845 in fiscal year 2019–2020, provides funding for a number of services, including general government services; maintenance of public buildings; equipment and utilities; public safety; police and fire; housing administration; road and walkway maintenance; environmental health; public health; culture; recreation facility; community centre; benefits and financial counselling; environment and land management; economic development; and centralize[d] support services. The current funding agreements have been extended until March 31, 2020. While discussions to renew the agreements are undertaken, Canada is committed to working with the Naskapi Nation to ensure that adequate funding is provided for the implementation of the Northeastern Quebec Agreement beyond 2020.”

“CMHC’s On-Reserve Non-Profit Housing Program (Section 95) continues to offer financial assistance to the Naskapi Nation for the building or rehabilitating of affordable rental housing. In 2019–2020, two new units were committed under the Section 95 Program. In fiscal year 2018-2019, $562,048 in subsidy was distributed to the Naskapi Nation under the Section 95 portfolio for the operating expenses of 137 units and beds. The subsidy included the principle [sic] and interest on loans owing by the Naskapi Nation for the units. This figure also includes funding for 2018–2019 and varies from year to year. Additionally, the Naskapi Nation will receive $17,500 in 2019–2020 for major repairs to First Nations on-reserve housing under CMHC’s suite of renovation programs.”

“The Naskapis from Kawawachikamach receive First Nations and Inuit Child Care Initiative (FNICCI) through a sub-agreement with the FNQLHSSC. Employment and Social Development Canada flows FNICCI funding through an agreement with the FNQLHSSC who in turn holds sub-agreements with twenty-nine communities in Quebec. The Naskapis FNICCI amount for 2019–2020 is $90,896.

The FNQLHSSC is the Indigenous Early Learning and Child Care (IELCC) convenor in Quebec. The funding allocation for the new IELCC is determined by First Nations leadership. The Naskapis IELCC amount for 2019–2020 is an additional $90,129.”

COMMISSION COMMENTS

The issue here is not really the need for numerous programs each addressing one or two needs or concerns. The reality is that the need for housing is both large and urgent. The issue of housing needs has been addressed in numerous previous Commission reports over many years. It remains unresolved to this day. The funding of a few units per year will not solve the problem. The same is true for infrastructure and almost every other need identified. What is called for is an agreement under which the Naskapi define their own needs and prioritize those needs within a larger budget. Early negotiations are needed about overall budgetary amounts and meaningful control over allocations within that budget. Numerous small programs arranged with a variety of government agencies and governed by various sets of terms and conditions do not permit holistic approaches to community problems with local control over how needs are prioritized, and resources allocated.

RECOMMENDATION 41

Quebec, Canada and the Naskapi Nation of Kawawachikamach should establish a process to discuss the modernization of the NEQA and the enhancement of Naskapi self-government.

CANADA’S RESPONSE

“In January 2018, Canada and the Naskapi Nation of Kawawachikamach established a Recognition of Indigenous Rights and Self-Determination discussions table. These tables are community-driven and respond to the unique rights, needs and interests of First Nations, Inuit and Metis groups where existing federal policies have not been able to do so.”

“Canada is committed to work with the Naskapi Nation to find common ground to advance matters and priorities identified by and important to the Naskapi nation. These priorities include the modernization of their existing governance regime under the Northeastern Quebec Agreement and the Naskapi and Cree-Naskapi Commission Act and setting out a comprehensive regime of Naskapi self-governance on Category 1A-N lands, subject to federal jurisdiction under the Northeastern Quebec Agreement.”

“Trilateral discussions with the Province of Quebec will be required for matters falling under their jurisdiction.”

COMMISSION COMMENTS

Canada’s response to this recommendation is identical, word-for-word, to its response to Recommendation 39. Although related, the recommendations are focussed on different aspects of self-governance and ought to have been addressed individually.

RECOMMENDATION 42

Canada, Quebec, the Cree Nation Government and the Naskapi Nation of Kawawachikamach should establish a process to discuss the creation of a program and/or service with adequate and appropriate funding to assist Naskapi and Cree beneficiaries who may challenge general band elections or raise other matters to protect their rights in the implementation of the JBNQA, NEQA and related legislation.

CANADA’S RESPONSE

“Canada is open to discussing methods with the Cree Nation Government, the Naskapi Nation of Kawawachikamach, the Cree-Naskapi Commission and Quebec how best to assist Naskapi and Cree beneficiaries who wish to raise matters that relate to implementation of the James Bay and Northern Quebec Agreement, the Northeastern Quebec Agreement and related legislation.”

“To date, this particular issue has not been raised with Canada by either the Cree Nation Government or the Naskapi Nation of Kawawachikamach.”
“Following the coming into effect of the Cree Nation Governance Agreement, matters related to Cree band elections are more appropriately addressed by the Cree First Nations and the Cree Nation Government who, under the Agreement, have control over their internal operations and procedures, including procedures for making laws and resolutions, elections, meetings and referenda, and financial administration.”

“Canada is willing to engage in those discussions with the Naskapi Nation should they be raised at the Recognition of Rights and Self-Determination table.”

COMMISSION COMMENTS

The recommendation targeted the need identified by individual beneficiaries who may wish to challenge the exercise of powers or the discharge of duties in areas that are not appropriate for the Commission to address. In certain cases,they may also wish to have ‘decisions’ rather than ‘recommendations’ as the outcome. In some cases,they may need legal advice or representation which is beyond the scope of the Commission’s mandate to provide. The Commission discussed some aspects of this issue, in more detail, in Chapter 5 (Dispute Resolution) of our 2018 Report.

RECOMMENDATION 44

Canada, Quebec and the Cree Nation Government should review and amend Section 9 of the James Bay and Northern Quebec Agreement to reflect the present realities of Aboriginal law, customary law and state of Cree local government and Cree Nation Government.

CANADA’S RESPONSE

“On March 29, 2018, the Cree Nation of Eeyou Istchee Governance Agreement Act came into effect, bringing the Cree Nation Governance into force. As contemplated in subsection 33.1 (d) of the Cree Nation Governance Agreement, the Act to Give Effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to Amend the Cree-Naskapi (of Quebec) Act and to Make Related and Consequential Amendments to other Acts made consequential amendments to the Cree-Naskapi (of Quebec) Act. Part 1 of that Act enacted the Cree Nation of Eeyou Istchee Governance Agreement Act which becomes the special legislation mentioned in Section 9 of the James Bay and Northern Quebec Agreement.”

“Under Chapter 30 of the Cree Nation Governance Agreement, the parties agreed to sign a complementary agreement to amend the James Bay and Northern Quebec Agreement, to ensure its consistency with the Governance Agreement. This complementary agreement will include an amendment to Section 9 of the James Bay and Northern Quebec Agreement to provide that, with the coming into force of the Governance legislation, such legislation shall be deemed to be the special legislation referred to in Section 9 and shall, in conjunction with the Governance Agreement and the Cree Constitution, replace the Cree-Naskapi (of Quebec) Act with respect to the Crees, Cree First Nations, Cree Nation Government and Category 1A land.

The Complementary Agreement will include other amendments to Section 9 and other provisions in the James Bay and Northern Quebec Agreement, as may be required, to give effect to the first sentence of subsection 30.2 of the Governance Agreement.”
“Discussions are currently under way between federal officials and the Cree Nation Government to amend Section 9 of the James Bay and Northern Quebec Agreement.”

COMMISSION COMMENTS

The Commission is glad to see that progress in underway on this issue. We look forward to seeing the inclusion of Cree customary law principles and the present-day Eeyou Eedouwin (Cree way of doing things) given recognition and legal force using current Aboriginal law protections and through the mechanism of the JBNQA. Section 9 should also specifically recognize the Cree inherent right of self-governance.

F. Adequate funding, programs and services for housing and daycare services
in Kawawachikamach

Canada responded by stating that Canada continues to fulfill its funding obligations under the Northeastern Quebec Agreement to the Naskapi Nation of Kawawachikamach. To this end, Canada lists the following funding agreements and programs: capital funding agreement, operations and maintenance funding agreement, CMHC’s On-Reserve Non-Profit Housing Program and First Nations and Inuit Child Care Initiative.

The issue here is not really the need for numerous programs each addressing one or two needs or concerns. The reality is that the need for housing is both large and urgent. The issue of housing needs has been addressed in numerous previous Commission reports over many years. It remains unresolved to this day. The funding of a few units per year will not solve the problem. The same is true for infrastructure and almost every other need identified.

Numerous small programs arranged with a variety of government agencies and governed by various sets of terms and conditions do not permit holistic approaches to community problems with local control over how needs are prioritized and resources allocated

6. The Commission recommends that Canada and the Naskapi Nation of Kawawachikamach negotiate an agreement under which the Naskapi define their own needs and prioritize those needs within a larger budget. Early negotiations are needed about overall budgetary amounts and meaningful control over allocations within that budget.

G. Proposal for the Creation of a Legal Fund for the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement Beneficiaries

In its 2018 Report, the Commission had recommended that Canada, Quebec, the Cree Nation Government and the Naskapi Nation of Kawawachikamach should establish a process to discuss the creation of a program and/or service with adequate and appropriate funding to assist Naskapi and Cree beneficiaries who may challenge general band elections or raise other matters to protect their rights in the implementation of the JBNQA, NEQA and related legislation.

Canada responded that “Canada is open to discussing methods with the Cree Nation Government, the Naskapi Nation of Kawawachikamach, the Cree-Naskapi Commission and Quebec how best to assist Naskapi and Cree beneficiaries who wish to raise matters that relate to implementation of the James Bay and Northern Quebec Agreement, the Northeastern Quebec Agreement and related legislation. To date, this particular issue has not been raised with Canada by either the Cree Nation Government or the Naskapi Nation of Kawawachikamach.”

The Commission comments that the recommendation targeted the need identified by individual beneficiaries who may wish to challenge the exercise of powers or the discharge of duties in areas that are not appropriate for the Commission to address. In certain cases, they may also wish to have ‘decisions’ rather than ‘recommendations’ as the outcome. In some cases, they may need legal advice or representation which is beyond the scope of the Commission’s mandate to provide. The Commission discussed some aspects of this issue, in more detail, in Chapter 5 (Dispute Resolution) of its 2018 Report.

H. Review of Section 9 of the James Bay and Northern Quebec Agreement

In its 2018 Report, the Commission recommended that Canada, Quebec and the Cree Nation Government should review and amend Section 9 of the James Bay and Northern Quebec Agreement to reflect the present realities of aboriginal law, customary law and state of Cree local government and Cree Nation Government.

Canada responds that “discussions are currently under way between federal officials and the Cree Nation Government to amend Section 9 of the James Bay and Northern Quebec Agreement.”

The Commission is glad to see that progress in underway on this issue.

7. The Commission recommends that Quebec and Canada review and amend Section 9 of the James Bay and Northern Quebec Agreement to specifically recognize the Cree inherent right of self-governance and to include Cree customary law principles and the present-day Eeyou Eedouwin (Cree way of doing things).

I. Role, Membership and Place of Elders and Elders’ Councils in the Eeyou/Eenou Nation and Communities of Eeyou Istchee

The Commission produced a discussion paper in collaboration with Dr. Joseph Jolly, dated October 10, 2020 and entitled ‘Role, Membership and Place of Elders and Elders’ Councils in the Eeyou/Eenou Nation and Communities of Eeyou Istchee’. In this discussion paper which was produced in response to concerns about Elders raised by Dr. Joseph Jolly, the Commission submitted the following recommendations:

8. The Eeyou/Eenou governments and public institutions should acknowledge the essential role of Elders and the traditional knowledge that they have to contribute in rebuilding the Eeyou/Eenou Nation to support Eeyou/Eenou self- determination and well-being.

9. The Eeyou/Eenou of Eeyou Istchee, through their governments, with the collaboration of the local and regional Elders’ Councils, should determine other measures that will, in a positive and meaningful manner, permit the Elders of Eeyou Istchee to be involved in the process of nation-building and nation-rebuilding to reclaim and restore governance, culture, language, way of life, and other forms of Eeyou /Eenou Eedouwun in a manner that develops and sustains Eeyou/Eenou society that works – economically, socially, culturally and politically.

10. In the exercise of their legislative functions, the Eeyou/Eeyou First Nation Governments and the Cree Nation Government should consult and seek counsel with the Elders and Elders Councils especially on the passage of laws respecting language, culture and collective well-being.

11. The Eeyou/Eenou governments and public institutions such as the Cree School Board and the Cree Board of Health and Social Services of James Bay should recognize Elders as experts of Eeyou/Eenou Eedouwun and be treated as professionals and compensated for their contribution at a rate and in a manner that shows respect for their expertise and unique knowledge.

12. The Council of the Cree Nation Government should adopt a resolution for the purposes of initiating a process for an amendment to the Cree Constitution to achieve the following:

a) to acknowledge and recognize the essential role of Elders in the pursuit, achievement and maintenance of “miiyoupimaatsiiwin;”

b) to acknowledge the Elders of Eeyou/Eenou Istchee as the cornerstone of Eeyou/Eenou culture as the keepers and teachers of Eeyou/Eenou Eedouwun such as traditional knowledge, culture and language;

c) to acknowledge the importance and essential role of Elders in building the Eeyou/Eenou Nation to support Eeyou/Eenou self- determination and well-being;

d) to recognize, acknowledge and support local and regional Elders’ Councils;

e) to enable the Elders’ Councils to advise Eeyou/Eenou governments and institutions on legislation and policies relating to language, culture and well-being;

f) to describe the general roles and mandates of the local and regional Elders’ Councils;

g) to permit the Elders’ Councils to determine other appropriate roles, duties and responsibilities of the local and regional Elders’ Councils;

h) to recognize the independence of the Elders’ Council and to protect the said Councils so that they can perform their roles and duties without political and administrative interference;

i) to empower and permit the local and regional Elders’ Councils to determine the criteria for appointment as a member of the local and regional Elders’ Councils, definition and qualifications of an Elder: and

j) to permit the appointment and term of elders to the local and regional Elders’ Councils by the members of the Eeyou/Eenou of Eeyou Istchee.

13. The Local Cree Nation Governments and the Cree Nation Government and/or Grand Council of the Crees (Eeyou Istchee) should provide adequate human and financial resources to the local and regional Elders’ Councils of Eeyou Istchee.

14. In order to further promote the use of the Eeyou/Eenou Ayimouwun (Eeyou/Eenou language) and support Eeyou/Eenou efforts to reclaim, revitalize, maintain and strengthen the Eeyou/Eenou Ayimouwun, the Cree Nation Government should amend its Act cited as the Cree Language Act of Eeyou Istchee to formally establish the Eeyou/Eenou Ayimouwun as the official language of the Eeyou/Eenou of Eeyou Istchee.

15. Furthermore, the Cree Nation Government and the Cree School Board, in collaboration with the Elders’ Councils of Eeyou Istchee, should determine positive measures with appropriate funding and with the participation of Elders to reclaim, revitalize, maintain and strengthen the Eeyou/Eenou Ayimouwun.

16. The Cree School Board should formally recognize the Elders and Elders’ Councils of Eeyou Istchee for their unique knowledge and teachings of culture, values, language and traditional knowledge that could benefit the education of Eeyou/Eenou children and youth.

17. The Cree School Board should develop courses, textbooks and other materials designed to preserve and transmit the language and culture of the Eeyou/Eenou of Eeyou Istchee in virtue of Section 16 of the James Bay and Northern Quebec Agreement.

18. The Cree School Board, with the collaboration of the local and regional Elders’ Councils of Eeyou Istchee, should determine the most appropriate way to:

a) involve the Elders and Elders’ Councils in the education and schooling of Eeyou/Eenou children and youth;

b) transmit and make accessible traditional knowledge, culture and values in the education and schooling of Eeyou/Eenou children and youth;

c) involve the Elders and Elders’ Councils in the teaching and advancement of the Eeyou/Eenou Ayimoowun (Eeyou/Eenou language) in the schools under its jurisdiction; and

d) involve the Elders and Elders’ Councils in the integration of Eeyou/Eenou culture and other forms of Eeyou/Eenou Eedouwun in its development of courses, textbooks and curriculum for the education and schooling of Eeyou/Eenou children and youth.

19. The Cree Board of Health and Social Services of James Bay should formally recognize the Elders for their knowledge of traditional healing and medicine.

20. The Cree Board of Health and Social Services of James Bay, with the collaboration of the local and regional Elders’ Councils, should determine the most appropriate way to collect and use traditional healing and traditional herbs, plants and other traditional medicines for the benefit of Eeyou/Eenou of Eeyou Istchee.

21. The Department of Justice and Correctional Services of the Cree Nation Government, Cree School Board, Cree Board of Health and Social Services of James Bay and the Cree Trappers’ Association, with the collaboration of the local and regional Elders’ Councils, should determine appropriately funded programs that would permit the Elders to take Eeyou/Eenou youth to bush camps in the Indoh-hoh Istchee for their well-being and to learn Eeyou/Eenou Eedouwun such as survival skills, traditional knowledge, language, discipline and values.

22. The Cree Nation Government and the Cree Trappers Association, with the collaboration of the local and regional Elders’ Councils, should determine the most appropriate process in which the Elders participate in a positive and meaningful manner for the resolution of disputes respecting the territorial integrity of Eeyou/Eenou Indoh-hoh Istchee and the determination of the appropriate Indoh-hoh Oujé-Maaou for a Indoh-hoh Istchee in question.

23. The Eeyou/Eenou governments, authorities, institutions and entities should ensure that the Elders of Eeyou Istchee have adequate services and programs for their well-being and health.