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ᒪᓯᓇᐦᐄᑲᓐ ᑳ ᐸᒋᔅᑎᓂᑲᓅᐦᒡ ᐄᓅ-ᓇᔅᑳᐲ
ᐁᒫᒨᐱᔥᑖᑲᓅᐦᒡᐁᒫᒨᐱᔥᑖᑲᓅᐦᒡ
ᐱᐳᓐ ᒥᓯᓇᐃᑭᓐ ᑲᐸᒡ ᐃᑎᓇᓄᒡ ᐃᔨᒧᐅᓂᔪᐤ ᐱᐳᓐ ᒥᓯᓇᐃᑭᓐ ᑲᐸᒡ ᐃᑎᓇᓄᒡ ᐃᔨᒧᐅᓂᔪᐤ
ᑲᐱᔅᑎᓇᒡ ᒋᒥᔅ ᐱ ᑭᔭ ᓇᔅᑲᐱ ᑲᒪᒧᐎᑐᓇᓄᐃᒡᑲᐱᔅᑎᓇᒡ ᒋᒥᔅ ᐱ ᑭᔭ ᓇᔅᑲᐱ ᑲᒪᒧᐎᑐᓇᓄᐃᒡ
2022
ᒪᓯᓇᐦᐄᑲᓐ ᑳ ᐸᒋᔅᑎᓂᑲᓅᐦᒡ ᐄᓅ-ᓇᔅᑳᐲ
ᒪᓯᓇᐦᐄᑲᓐ ᑳ ᐸᒋᔅᑎᓂᑲᓅᐦᒡ ᐄᓅ-ᓇᔅᑳᐲ
Report of the Cree-Naskapi Commission
Rapport de la Commission Crie-Naskapie
Cree-Naskapi Territory
Writing
Richard Saunders, Chairman
Philip Awashish, Commissioner
Design and production
gordongroup
Printing
Gilmore Printing Limited
Translation
wedo (CILFO) translation inc. (French)
George Guanish (Naskapi)
Ernest Hester (Cree)
Photography
Robert Chitty
Contact us
Cree-Naskapi Commission
222 Queen Street, Suite 305
Ottawa, Ontario K1P 5V9
telephone: 613-234-4288
facsimile: 613-234-8102
toll-free: 1-888-236-6603
www.creenaskapicommission.net
Credits
The Commissioners would like to acknowledge and thank all of those who contributed to the
content of the 2022 Report of the Cree-Naskapi Commission. This includes the Elders, Chiefs
and Youth Chiefs who took the time to oer their suggestions and ideas during the Special
Implementation Hearings held earlier this year. The many individuals who led representations
during 2021 also provided us with many specic concerns which were of great value in
understanding the broader issues.
The Commissioners also want to thank our Director General, Brian Shawana for his always wise
and reliable advice as well as for his usual professionalism in the day-to-day management of the
operations of the Commission.
Finally a big “thank you” to Sandra Masson, our Executive Assistant for her consistently
excellent work in carrying out a wide range of administrative responsibilities especially during
a dicult period.
Acknowledgements
Richard Saunders, Chairman
Richard Saunders holds degrees in Political Science and Public Administration
from Carleton University. He has worked for The Assembly of First Nation;
the Indian Association of Alberta; the Ontario, Alberta and federal governments.
He also served as Director of Negotiations with the Government of
Nova Scotia which, in 2002, signed an Umbrella Agreement with the
Mi’kmaq Chiefs and the federal government. Richard served as a member
of the Cree-Naskapi Commission for three terms: from 1986 to 1992.
He has served as Chairman since 1997.
Philip Awashish, Commissioner
Philip Awashish was one of the principal Cree negotiators for the Cree
Nation of Eeyou Istchee, in the negotiations leading to the signing of the
James Bay and Northern Quebec Agreement. For 40 years, he has served the
Cree Nation of Eeyou Istchee in various capacities, such as the Executive
Chief and Vice-Chairman of the Grand Council of the Crees (of Quebec)
and the Cree Regional Authority, Chief and Councillor of the Cree Nation
of Mistissini, and as a member of various bodies and committees created
by the James Bay and Northern Quebec Agreement. In 2009, Philip Awashish
received an honorary Doctor of Laws degree from McMaster University
for his work on Eeyou governance and Eeyou law.
Robert Kanatewat, Commissioner
Robert Kanatewat, Eeyou from Chisasibi, was instrumental in promoting the
awareness of Eeyou rights as an executive member of the Indians of Quebec
Association in the late 1960s and early 1970s. He was the principal plainti in
Kanatewat v. James Bay Development Corporation when the Cree Nation decided
to oppose the initial hydroelectric development in Eeyou Istchee. He was a
chief executive involved in the negotiations leading to the execution of the
James Bay and Northern Quebec Agreement. For many years, he has served the
Eeyou of Eeyou Istchee as the Executive Chief of the Grand Council of the
Crees (of Quebec), Chief of the Cree Nation of Chisasibi, and in various
business enterprises. With the exception of one term, Robert Kanatewat
has served as a member of the Cree-Naskapi Commission since 1986.
June 2022
To Members of the Cree Nation of Eeyou Istchee and the Naskapi Nation of Kawawachikamach:
The Cree-Naskapi Commission is pleased to submit its 2022 Annual Report to the members of the
Cree Nation of Eeyou Istchee and the Naskapi Nation of Kawawachikamach.
This Report is a reection of the ideas, concerns and suggestions raised during the past year in the
numerous representations led by Cree and Naskapi beneciaries under the provisions of the Naskapi
and Cree-Naskapi Commission Act. Elders, Chiefs and Youth Chiefs from many of the communities also
provided valuable insights during the Special Implementation Hearings which the Commisssion held
earlier this year. The Commissioners are grateful to all those who contributed for providing their views
on the many issues which form the basis of this report.
The COVID-19 pandemic has made it impossible to conduct in-person meetings, hearings and
consultations for the past two years. This situation seems to be ending and we look forward to being in
the communities in the coming months. We thank everyone for their patience with emails, conference
callsand virtual meetings. made necessary during this challenging period.
We encourage everyone to continue to provide the Commission with input and suggestions in order
that we can carry out our responsibilities as eectively as possible.
Sincerely,
CREE-NASKAPI COMMISSION
Richard Saunders Philip Awashish Robert Kanatewat
Chairman Commissioner Commissioner
1
CHAIRMAN’S MESSAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
CHAPTER 1
Introduction and Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
CHAPTER 2
Concerns and Issues of the Eeyou Nation of Eeyou Istchee
and the Naskapi Nation of Kawawachikamach . . . . . . . . . . . . . . . . . . . .14
CHAPTER 3
Eeyou Governance, Customary Law and Eeyou Eedouwun . . . . . . . . . . . . 24
CHAPTER 4
Recommendations of the Cree-Naskapi Commission. . . . . . . . . . . . . . . . 34
Table of Contents
CHAIRMAN’S
CHAIRMAN’S
MESSAGE
Special Note on the Covid-19 Pandemic:
COVID-19 has impacted how all organizations, including the Cree-Naskapi Commission, have
done their work over the past two years. Like everyone else, we are hopeful that this di cult period
is almost over. Certainly public health authorities have removed some restrictions and a return to
normal seems likely in the coming months.
Perhaps the most di cult impact of the public health restrictions has been that we have not been
able to have in-person meetings, pre-hearings, or hearings. In addition we have not been able to
visit the Cree and Naskapi communities for meetings, consultations, orientation brie ngs, et al.
Most of these activities have had to be conducted virtually. Because many Elders and others do not
have access to online communications such as Zoom, we have conducted hearings and meetings
by conference calls. This is no substitute for face-to-face encounters. Surprisingly however we have
found that, in most cases, it was possible to hold fairly e ective meetings in this way. In any case,
we are optimistic that it will be possible to meet in person within the coming months.
normal seems likely in the coming months.
Perhaps the most di cult impact of the public health restrictions has been that we have not been
able to have in-person meetings, pre-hearings, or hearings. In addition we have not been able to
visit the Cree and Naskapi communities for meetings, consultations, orientation brie ngs, et al.
Most of these activities have had to be conducted virtually. Because many Elders and others do not
have access to online communications such as Zoom, we have conducted hearings and meetings
by conference calls. This is no substitute for face-to-face encounters. Surprisingly however we have
found that, in most cases, it was possible to hold fairly e ective meetings in this way. In any case,
we are optimistic that it will be possible to meet in person within the coming months.
CHAIRMAN’S MESSAGE 3
4 2022 REPORT OF THE CREENASKAPI COMMISSION
Broad Issues Identified During the Past Year
The issues which the Commission had brought to our attention in the past year were identied in three
main ways.
The rst source of input was the many individual specic matters which are raised in the
“representations” which are led pursuant to section 165 (1) (a) and (b) of the Act. These individual
matters are dealt with primarily in terms of the individual case. When large numbers of representations
are about a similar issue, the Commission often addresses it in a discussion paper which is widely
circulated and available on our website. We normally also include some discussion of the topic in our
annual report.
A second major source includes matters raised during the annual Special Implementation Hearings.
These hearings provide an opportunity for Chiefs, Elders, Youth Chiefs, Canada, and others to tell the
Commissioners directly which matters they want us to focus on.
The third way in which we learned of issues considered important was when Cree or Naskapi
beneciaries approach the Commission directly with their broader conerns and suggestions.
During the past year, the following major issues have included:
• widespread suggestions that the role of Elders in governance be increased and strengthened,
• an equally widespread suggestion that traditional law and custom be emphasized and
recognized including in formal laws on governance etc.,
• increased calls for laws on ethics and conict-of-interest where these do not already exist,
• increased demands for greater transparency, access to decision-making processes and access to
minutes etc. of ocial bodies,
• continuing concern about the need to review quorum requirements for community meetings,
Council meetings, referenda etc.
• suggestions about the need for improvements in election procedures, nomination procedures
meeting procedures, and related matters,
• suggestions for more comprehensive orientation sessions to provide an overview for Chiefs
and Councils, governance sta and community members to include information on the James
Bay and Northern Quebec Agreement, the Northeastern Quebec Agreement, the Cree Constitution, the
Naskapi and Cree-Naskapi Commission Act, Cree Nation of Eeyou Istchee Governance Agreement Act
and other major agreements and laws.
• suggestions for orientation sessions on the mandates, roles and operations of the various Cree
and Naskapi agencies. For example, the Cree Nation Government, the Naskapi Development
Corporation, the Cree School Board, the Cree Board of Health and Social Services, and the
Cree-Naskapi Commission.
All of this suggests that the Commission will need to evolve to meet changing expectations in a number
ways including;
• the rst priority must be to carry out its duties as spelled out in the Naskapi and Cree-Naskapi
Commission Act,
CHAIRMAN’S MESSAGE 5
• increasingly to perform what has been called an “ombudsman role”, that is to nd solutions to
concerns of beneciaries that are serious but not suitable for a formal investigation under the
Act or for referral to another body,
• following the end of the pandemic, to meet in communities to listen to suggestions and
concerns, and to explain our mandate and related responsibilities,
• to consult with all interested beneciaries, including Elders, Chiefs and Councils, Youth Chiefs
and others about ways that we can improve our usefulness to the Cree and Naskapi Nations.
• to bring to the attention of the Cree and Naskapi governments issues that have been raised
with us frequently but which fall outside our mandate and which the Cree and Naskapi
governments may wish to consider as being policy or law-making matters. (Current examples
of such issues include the possibility of enacting provisions in the Cree Constitution and the
future Naskapi Constitution to guarantee the role of Elders in governance as well as to
recognize and give eect to the role of traditional and customary Cree and Naskapi law.)
END NOTE
Previous Reports of the Cree-Naskapi Commission have included a chapter on Canada’s Response to Recommendations which the Commission had
made and which dealt with responsibilities of the federal government. This year the Department of Crown/Indigenous Relations and Northern Aairs
was invited to provide their responses for inclusion in this Report. The department did not answer and the chapter has therefore, been omitted.
6 2022 REPORT OF THE CREENASKAPI COMMISSION
The 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-Quebec, in April
1971, had announced the rst major hydro-electric development project without consultations and
accommodation with Eeyou who would be profoundly impacted by the proposed project. The litigation
initiated by Eeyou resulted, by a treaty process, in a negotiated settlement.
The negotiations, throughout the early 1970s, that led to the signature of the James Bay and Northern
Quebec Agreement and the Northeastern Quebec Agreement were a rare opportunity for the Cree and Naskapi
peoples, respectively, to achieve recognition of particular rights, guarantees and bene ts for their distinct
societies and to rede ne relationships with Canada and Quebec. These negotiations and subsequent
Agreements also provided a means for achieving, to some extent, their vision of self-government for their
people, communities and lands but constrained by the existing political and legal environment of the
1970s.
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-Quebec.
The Northeastern Quebec Agreement (NEQA) was signed on January 31, 1978, by the Naskapis de
Sche erville 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-
Quebec.
Section 9 (Local Government over Category 1A 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 1A lands allocated to them.”
1
Section 7 (Local Government over Category 1A-N Lands) of the Northeastern Quebec Agreement provides
for similar undertakings respecting local government for the Naskapis of Quebec on Category 1A-N
lands allocated to them.
CHAPTER ONE
INTRODUCTION AND
BACKGROUND
INTRODUCTION AND BACKGROUND 7
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 Cree-Naskapi (of Quebec) Act provides “for an orderly and ecient system of Cree and Naskapi local
government, for the administration, management and control of Category 1A and Category 1A-N Land
by the Cree and Naskapi bands respectively, and for the protection of certain individual and collective
rights under the said Agreements.”
2
Consequently in 1984, the Cree-Naskapi (of Quebec) Act, is the rst legislation in Canada to provide some
recognition of Aboriginal self-government. It redenes 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 beneciaries 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.
8 2022 REPORT OF THE CREENASKAPI COMMISSION
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 eect 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”
3
to the Minister who “shall cause the
report to be laid before each House of Parliament.”
4
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.”
5
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 Ouje-Bougoumou as a separate band and a local government under
the Act.
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”.
In addition, the setting aside of Category 1A land for the benet of the Cree Nation of Ouje-
Bougoumou triggered the coming into force of the particular amendments to the Cree-Naskapi (of
Quebec) Act which incorporated the Cree Nation of Ouje-Bougoumou into the Act. This historic
milestone was reached on May 15, 2014.
6
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.
INTRODUCTION AND BACKGROUND 9
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 fulll 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 nalized 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 Aairs 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 ecient 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 eect, declared valid and has the force of law; and
b) that the Cree Constitution is given eect 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 Aairs 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 eect 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
10 2022 REPORT OF THE CREENASKAPI COMMISSION
with the provisions of subsection 165(2) to section 170 of the Cree-Naskapi (of Quebec) Act as it read
immediately before the Eective Date, with such modications as may be required having regard to
the provisions of this Agreement.”
7
Once the Agreement is approved, given eect, 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.
On March 27, 2018, Bill C-70: An Act to give eect 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.
INTRODUCTION AND BACKGROUND 11
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 beneciaries, 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 beneciaries, as dened 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 dened in subsection 2(1) of that Act
and the Cree Constitution, as dened 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.”
8
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
Aairs 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
rst 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.”
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 eect 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 1A 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.
12 2022 REPORT OF THE CREENASKAPI COMMISSION
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 bene ciaries.
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.
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. 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 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. The rst Annual Report of the Commission was prepared and published
in 2021. Copies of these reports can be made available to the Minister as well.
INTRODUCTION AND BACKGROUND 13
Since the coming into force of the Naskapi and the Cree-Naskapi Commission Act, the Commission submits
its 2022 Annual Report.
END NOTES
1 James Bay and Northern Quebec Agreement – 2006 Edition, les Publications du Quebec, Section 9 (Local Government over Category 1A Lands), paragraph
9.0.1, p. 172
2 Cree-Naskapi (of Quebec) Act, S.C. 1984. c. 18, Preamble
3 Ibid, section 171(1)
4 Ibid
5 Ibid, section 21(j)
6 Ouje-Bougoumou Cree Nation: Presentation to the Commissioners of the Cree-Naskapi Commission – Special Implementation Hearings –
Montreal, February 9, 2016. Page 3
7 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
8 Section 165(1) of the Naskapi and the Cree-Naskapi Commission Act
14 2022 REPORT OF THE CREENASKAPI COMMISSION
The Cree-Naskapi Commission held Special Implementation Hearings, in February and March, 2022, in
order to permit the representatives of the Cree, Naskapi and Federal governments to make submissions
to the Commission in preparation for its present report. These hearings were conducted by conference
calls. However, only certain Cree First Nations and the Naskapi Nation of Kawawachikamach submitted
representations. The representatives of Crown Indigenous Relations and Northern A airs Canada did not
respond to the Commission’s invitation. This chapter describes the main concerns and issues raised by
the Cree and Naskapi representatives and the Commission.
Cree Nation of Chisasibi
On February 21, 2022, Chief Daisy House, Elder (former Chief) Roderick Pachanos, and Youth Chief
Corria Napash spoke to the Commissioners by conference call.
Chief Daisy House explained that the “Block D” issue was largely resolved i.e. Quebec had passed its
order-in-council and they were still awaiting Canada doing the same. She also said that Chisasibi was
planning a celebration for August 25.
Chief House said that no progress at all was being made on the 500 foot corridor issue. She had spoken
with the provincial deputy minister and he doesn’t want to acknowledge the area as being under the
control of the Cree Nation of Chisasibi. The Chief said that they might have to return to the land status
of 1975.
Chief House feels that there should have been more consultation at the community level before the
Governance Agreement and the Cree Constitution were approved.
The Chief also feels that all too frequently outsiders (advisors and consultants) make the decisions which
are then rati ed but that Elders, community leaders and members have very little real input. Many of
these outsiders are not able to identify with or respect the dignity of the Crees.
The Chief also felt that the use of Cree words in laws, documents and reports would help to convey the
intended meaning and intent.
CHAPTER TWO
CONCERNS AND ISSUES OF THE
EEYOU (CREE) NATION AND NASKAPI
NATION OF KAWAWACHIKAMACH
CONCERNS AND ISSUES OF THE EEYOU (CREE) NATION AND NASKAPI NATION OF KAWAWACHIKAMACH 15
Chief House also felt that orientation and training for Chiefs and Councils, election ocials and others
was essential. This should include everything; JBNQA, the other Agreements, the Cree Constitution, the
Cree Nation Government, the Cree-Naskapi Commission etc.
Elder Roderick Pachano (former Chief) felt that the Cree Nation Government should develop short-,
medium- and long-term strategies.
The Elder also felt that there was a need for “laymen’s versions” of the Governance Agreement, the Cree
Constitutions and other documents. He thought that in-person orientation sessions were needed in the
communities not only on the foundational documents but also on the mandates, roles and operations of
various bodies like the Cree Nation Government, the Cree School Board, the Cree Board of Health and
Social Services, the Cree-Naskapi Commission etc. Roderick also felt that the Cree Constitution should
include some inspiritual language on its origins, purposes and goals. He said that there was a lack of
understanding, especially in the Cree Nation Government that the JBNQA had been about protecting
the Cree way of life and not just hunting, shing and trapping etc. The JBNQA was about guarantees
of the continuation of the Cree way of life. He had the impression that the sta of the Cree Nation
Government think that they know all that they need to know. In reality the Elders need to have a lot
more input and a much bigger role in passing on the Cree history, culture and Cree way of doing things.
Youth Chief Corria Napash explained that she had just started her term as a Youth Chief and saw this
hearing mostly as a learning experience. She strongly supported a stronger role for Elders in Cree
governance because of their knowledge of Cree traditional ways and their experience. She thanked
Roderick and Robert especially.
16 2022 REPORT OF THE CREENASKAPI COMMISSION
Chief House added that the formulas used by the Cree Nation Government and other entities were
sometimes unfair to Chisasibi. She was thinking especially about funding under the New Relationship
Agreement. The formula was not clear. She also felt that the roles of the Cree Nation Government and
Quebec and Canada were not clear. She said that this lack of clarity applied especially to the land registry
system and to the environmental regime.
Insofar as the need for conict-of-interst and ethics laws were concerned, the Chief felt that rules
were developed by lawyers from the south using models suitable for Montreal. These rules were not
appropriate and that the communities themselves should develop these rules/laws with input from
Elders, leaders and community members. In short, “one size does not t all.”
Cree Nation of Eastmain
On February 24, 2022, Chief Kenneth Cheezo and Youth representative, Denis Moses spoke to the
Commissioners.
Chief Cheezo stated that the community of Eastmain is satised with the present state of governance;
however the Council is open to the concerns of Elders and youth. The Chief and youth representative
went on the raise issues concerning the Cree language and culture. The Chief said that the community
and school are working together to promote the Cree language and culture. In the schools, the use of
Cree language is compulsory. However, parents and individuals need to be more involved in the teaching
and use of Cree language.
Chief Cheezo stated that he and Council are working to resolves matters respecting the local economy
and housing. He expressed concern about house rental arrears. He said everyone has a responsibility to
pay rent so that the community can move forward in providing more housing where it is needed.
Cree Nation of Washaw Sibi
On February 24, 2022, Chief Annie Mapachee Salt submitted a letter to the Cree Naskapi Commission.
Chief Mapachee Salt states that the letter is a brief by the Cree Nation of Washaw Sibi for the purposes
of the present hearings of the Commission. She describes the present state of the Cree Nation of Washaw
Sibi in its attempts to achieve its goal of gaining formal recognition as a tenth Cree Community and the
subsequent establishment of its new village.
The Cree Nation of Washaw Sibi has experienced unexpected delays associated with the selection of a
site for its future village.
The leadership of Washaw Sibi has attempted to accommodate the wide range of interests and
stakeholders which would be impacted by the establishment of a new Cree community in the region.
The Cree Nation of Washaw Sibi has seriously considered the following possibilities and sites
for its new village:
1) Town of Amos;
2) Merger with the Abitibiwinni First Nation; and
3) various sites within Eeyou Istchee.
CONCERNS AND ISSUES OF THE EEYOU (CREE) NATION AND NASKAPI NATION OF KAWAWACHIKAMACH 17
In light of the concerns and challenges of these possible sites, the members of the Cree Nation of
Washaw Sibi have conrmed their preference for a site for their future village located south of Matagami
and on a trapline maintained historically by a Cree tallyman. While the tallyman has agreed to make this
site available for the construction of a new village, the leadership of Washaw Sibi are in discussions with
the leadership of the Algonquin Nation to settle any concerns and opposition for this site as a new
Cree village.
The Cree Nation of Washaw Sibi has undertaken several preliminary technical assessments of the site to
conrm the technical feasibility of the site for construction purposes. The results of these preliminary
assessments indicate that the site is suitable for these purposes.
The intention of the Cree Nation of Washaw Sibi is to have the land of the village site designated as
Category 1 land within the meaning of the JBNQA. As Category 1 land, the new village would be able
to receive programs and services in the same manner as the other Cree communities.
To assist in this endeavour, the Cree Nation of Washaw Sibi has requested commitments from various
Cree communities to agree in the transfer of a very small portion of their Category 1 land as an
allocation to the new community of Washaw Sibi .
The Cree Nation of Washaw Sibi will soon be in a position to undertake substantive discussions with
Quebec and Canada for the purposes of setting aside the preferred site for Washaw Sibi and for the
recognition of Washaw Sibi as Cree Community under the JBNQA and full incorporation into the
JBNQA.
The Cree Nation of Washaw Sibi continues to enjoy the generous support of the Cree Nation
Government in its attempt to secure a new village and incorporation into the JBNQA.
MoCreebec Eeyoud
On February 25, 2022, Chief Allan Jolly made a presentation to the Commission.
He said that MoCreebec Eeyoud were making progress in their agenda to create their new community.
He said that the James Bay and Northern Quebec Agreement does not apply in Ontario. Therefore,
MoCreebec will have to develop an appropriate approach with the government of Ontario and the
federal government. MoCreebec hopes to set up a table for negotiations and discussions with Ontario.
The Chief feels more condent to eventually involve the federal government as well.
Chief Jolly mentioned that the Cree Nation of Eeyou Istchee recognizes MoCreebec Eeyoud as the
eleventh (11th) community. He considers this recognition important as MoCreebec Eeyoud are part of
the Eeyou of Eeyou Istchee.
Chief Jolly states that the MoCreebec Eeyoud had voted with a substantial majority in favour of settling
on a chosen site. He states that MoCreebec Eeyoud and the Cree Nation Government are working
together and moving forward and ready for discussions with the federal government. He hopes that the
Government of Canada will recognize MoCreebec Eeyoud as a Cree community within the meaning of
the James Bay and Northern Quebec Agreement.
18 2022 REPORT OF THE CREENASKAPI COMMISSION
Cree Nation of Nemaska
On March 1, 2022, Chief Clarence Jolly, in speaking to the Commission, expressed the following
concerns about certain provisions of the Cree Nation of Eeyou Istchee Governance Agreement Act and the
Constitution of the Cree Nation of Eeyou Istchee:
1) In general elections for Chief, Deputy Chief and Council, each candidate for the oce of
Chief should have a running mate who shall be designated as Deputy Chief. Such a system
would prevent conicts between these two oces and promote working together towards
common goals.
2) The present requirements for quorums respecting approval of laws and resolutions should be
reviewed and amended to ensure eciency with realistic requirements for quorums.
3) The procedure for resolutions, directives and decisions need to ecient. Sometimes a meeting
of Council is dicult to hold on a short notice for an urgent matter. A formal system of
ecient decision-making has to be determined such as obtaining the necessary signatures of
Council members without a formal meeting.
4) The specic requirement for residency of electors should be reviewed as some electors don’t
reside in the community.
5) The procedure for decision-making by Chief and Council should be reviewed. The present
requirements for quorums, majority rule and voting by presence need to be reviewed. We need
to consider decision-making by consensus.
6) An alternative body of authority rather than a common law court should be considered for
contestation.
CONCERNS AND ISSUES OF THE EEYOU (CREE) NATION AND NASKAPI NATION OF KAWAWACHIKAMACH 19
7) Any inconsistency between a law of the Cree Nation Government and the Cree First Nation
Government should be reviewed by the Cree governments concerned rather than having the
law of the Cree Nation Government prevail.
Chief Jolly mentioned that training sessions for newly elected Chief and Council members would
be benecial. These training sessions would be centred on the Cree Nation of Eeyou Istchee Governance
Agreement Act and the Constitution of the Cree Nation of Eeyou Istchee.
Chief Jolly stated the importance of Elders as history-keepers and their role in ensuring the continuity
of Eeyou Eedouwun. He said also that Eeyou customary law would be useful in resolving conicts and
determining Eeyou Eedouwun.
Cree Nation of Mistissini
On March 3, 2022, Chief Thomas Neeposh spoke to the Commission and raised the following concerns:
1) The Constitution of the Cree Nation of Eeyou Istchee needs to be reviewed and updated.
2) The Cree Nation of Washaw Sibi has requested a square kilometre of land from each
community as a land base for their new community.
3) Eenou Eedouwun such as language, customary law, practices and principles need to be
continued and maintained.
4) As the Eenou/Eeyou of Eeyou Istchee had made agreements with governments, rights and
responsibilities need to upheld and respected.
5) Commercial forestry activities have become a big issue.
6) Cree consent is required for natural resource development in Eeyou Istchee.
7) Land allocation to the Cree School Board and Cree Health Board needs to be dealt with in a
proper manner in accordance with the legal present framework and needs of these institutions.
Chief Neeposh stated that the Cree Nation of Mistissini, acting through its Council, is considering,
consulting and working on the following important matters:
1) Constitution of the Cree Nation of Mistissini;
2) Mistassini Lake Law (which recognizes the Mistassini Lake as living entity and legal person
with rights and protected by present law).
In closing his statement, Chief Neeposh spoke about the need for an eective mechanism for the
resolution of disputes respecting traditional family hunting territories (traplines). He stated that the
Cree Nation of Mistissini will have its own law respecting a mechanism for the resolution of disputes
respecting traditional family hunting territories (traplines). The Chief considers that the Elders will have a
fundamental role in the determination, establishment and implementation of such a mechanism.
Naskapi Nation of Kawawachikamach
On March 23, 2022, Chief Theresa Chemaganish spoke to the Commission.
Chief Chemaganish commenced her discussion with questions about the role and purpose of the Cree
Naskapi Commission. The Chairman of the Commission explained its background and mandate.
20 2022 REPORT OF THE CREENASKAPI COMMISSION
The Chief made comments about a Council member whose conduct was disruptive in Council
meetings.
Chief Chemaganish then referred to a memorandum dated March 23, 2022 and prepared by the
Naskapi Nation of Kawawachikamach. The said memorandum was submitted to the Commission
for its present hearings.
The memorandum comprises summaries of the following items of the Naskapi Nation of
Kawawachikamach: its self-government negotiations with Canada, the updating of its Electoral By-law
and the status of the implementation of its new Codes of Ethics.
In 2019, the Naskapi Nation of Kawawachikamach and the Government of Canada established a
Recognition of Indigenous Rights and Self-determination Discussion Table to review the present
governance regime established by the Northeastern Quebec Agreement and to explore paths towards self-
determination by the said Naskapi Nation.
In August 2020, the Naskapi and Canada signed a Memorandum of Understanding on Advancing
Reconciliation and Self-determination. The Memorandum outlines the subjects to be negotiated
between Canada and the Naskapi. Such matters include the development of the Naskapi Constitution,
justice, health and social services, education and early childhood services, environment, wildlife
management, regional governance, land and housing.
The Naskapi of Kawawachikamach and Canada are currently negotiating a self-government agreement
to replace the present Naskapi governance regime under the Naskapi and Cree-Naskapi Commission Act
and the Naskapi Constitution under the sole jurisdiction of the Naskapi would be included.
Chief Chemaganish added that the Inuit of Northern Quebec would be involved in the discussions on
self-government.
Over the next two years, the Naskapi Nation is planning to engage the Naskapi members in an inclusive
process to develop the Constitution.
The Naskapi plan to have its Constitution include provisions respecting the election of the Chief and
Council. The Naskapi plan to modernize the Naskapi’s current Electoral By-law.
In September 2021, the Council of the Naskapi of Kawawachikamach approved a document entitled
Naskapi Nation of Kawawachikamach: Code of Ethics and Values. The Code applies to members of the
Council and employees of the Naskapi Nation of Kawawachikamach.
Recently, the Council reviewed the Code and removed the provisions that applied to members of the
Council. The Code will be formally approved as a Code of Ethics and Values for the Naskapi Nation of
Kawawachikamach Employees. The Council also enacted a by-law respecting Code of Ethics that will
apply to members of the Council. The said Code is now in eect.
In closing, Chief Theresa Chemaganish mentioned that the involvement of Elders in their meetings
would be necessary. She stated also that the Council was working on the establishment of a local
Youth Council.
CONCERNS AND ISSUES OF THE EEYOU (CREE) NATION AND NASKAPI NATION OF KAWAWACHIKAMACH 21
Governance: Specific Issues
“Governance,” at its most fundamental level, involves applying the basic values, beliefs and principles of
the Cree and Naskapi Nations to the way in which they exercise their right of self-determination—
the way in which they govern their communities and their nations. These fundamentals have been
considered in relation to the Eeyou of Eeyou Istchee in the Chapter on “Eeyou Governance, Customary
Law and Eeyou Eedouwun.”
In addition to broad fundamental governance issues, the Commission deals, on a regular basis, with more
specic activities and operations which give rise to “representations” within the meaning of section
165 (1) (b) of the Naskapi and Cree-Naskapi Commission Act. Dealing with these representations includes
the need to see them, not only in terms of the legislation, but also in ways that are consistent with, and
respectful of Cree and Naskapi values, customs and traditions.
In addition to the issues raised by individual beneciaries in representations under the legislation, Elders,
Chiefs, Youth Representatives and others have raised many specic governance issues during the course
of the Commission’s Special Implementation Hearings. Many more are identied during the course of
informal discussions.
22 2022 REPORT OF THE CREENASKAPI COMMISSION
The specic issues of this type include the following:
The Practicality of Current Requirements for Quorums of All Types
This would include community meetings, Council meetings, meetings of other decision-making bodies
as well as various types of referenda. The existing quorums in certain cases have frequently be found to
be too high especially for routine matters. Communities need to determine which matters are routine
and could be approved by somewhat smaller quorums as well as what matters should continue to require
a very strong mandate.
The Current Laws Governing Election Procedures
Here the need is mainly in relation to the procedures for dealing with the conduct of nominations
along with calls for new, unscheduled elections. One leader also suggested a process under which
Chief candidates and Deputy Chief candidates could employ a “running-mate” system to avoid conict
between the two. In any case, communities may wish to enact laws which reect their own values,
traditional and customary laws and current preferences.
The Need for Laws on Ethics for Chief and Council and Sta
In this case, communities need to have ethics laws which clearly dene what ethical standards they
expect their elected and appointed ocials to meet in carrying out their duties and exercising
their powers.
The Need for Conflict-of-Interest Laws
Along with broad laws on ethics, there is a need for more specic conict-of-interest laws. These laws
need to express what the consensus of the community is on the denition and applicability of conict-
of-interest as well as the consequences for violators. In relation to Non-Indigenous governments, some
fairly common laws have been developed. While the contents of these are mostly good for federal,
provincial and municipal governments, they are not an exact t for Cree and Naskapi communities
which need to develop laws which recognize their own values, the smaller size of the communities,
their experience and other local considerations.
The Need for Transparency in Decision-Making
Communities need to dene whether they expect decision-making by Council or by other bodies to be
open as normal rule with in-camera sessions only for very limited matters e.g. human resource matters,
or whether they wish to leave the matter to the discretion of Council. Another aspect of transparency is
that complete minutes of meetings need to be made easily available to community members.
The Need for Clear and Complete Laws Governing Community Meetings
There need to be consensus-based laws for the calling of members’ meetings, quorums required, the
conduct of such meetings as well as the decision-making power of these meetings.
The Need for Laws Recognizing Elders’ Role in Governance.
Elders are widely respected for their wisdom, knowledge and experience. Traditionally their input was
frequently sought before major decisions were made. Now. in the day-to-day operation of Chiefs and
Councils, their input is all too frequently overlooked. Some communities already have mechanisms to
include them but it would be worthwhile for communities to consider more formal requirements for
Elders’ involvement in many areas of decision-making. In most of the Special Implementation Hearings
we were told that this was an area which needed to be addressed.
Conclusion
On many of these issues most communities already have laws while others do not. All would benet
from an open review involving community participation and input, followed by new and/or updated
laws hopefully to be ratied by the community membership. This would have the eect of clarifying
the rules, providing for accountability and lessening the dissatisfaction of individuals with existing
governance processes.
While these governance issues have been identied as suitable for being addressed by way of laws at
the community level, consideration should perhaps be given to incorporating some of them into either
“constitutions” at the local level or, in some cases, into the Cree Constitution or a possibly similar future
document of the Naskapi Nation of Kawawachikamach.
Land Issues
Throughout their long history, stretching back thousands of years, the Cree and Naskapi Nations
have always considered their land, its use and protection as essential to their values, their cultures, their
economies and their entire way of life. Stewardship of the land including its governance, management
and the sustainable use of all its resources has been seen as a duty of individuals, families and leaders.
A signicant number of representations received by the Cree-Naskapi Commission over the past
thirty-six years of operation has involved land and land-related issues. These issues fall into the following
broad categories:
• individual and family matters involving hunting territories, traplines, the role of the tallyman
and related matters,
• specic community land issues such as the “Block D’ transfer of airport lands to the Cree
Nation of Chisasibi, the problem of “corridors” on both sides of roads and the diculties these
pose for many communities’ use of their adjoining Category 1 lands,
• the transfers of the lands of Cree communities to establish new Cree communities and
the evolving unworkability of further transfers of the land of established and growing
communities,
• the need to insure that the access and use of Category 2 and 3 lands by non-beneciaries does
not interfere with its use by beneciaries and their governments,
• the broader long-term question of the inadequacy of Category 1 lands, based on 1975
populations, for a current populations which has tripled in size and continue to grow at
a very high rate. The question could include the empowerment of the Cree and Naskapi
communities to annex adjacent lands when needed, much as growing communities in the rest
of Canada have done for generations.
The broader, long-term issues are highly political in nature and are not appropriate for the Commission
to become involved with. They do however impact some specic matters now and will increasingly do
so in the future.
CONCERNS AND ISSUES OF THE EEYOU (CREE) NATION AND NASKAPI NATION OF KAWAWACHIKAMACH 23
24 2022 REPORT OF THE CREENASKAPI COMMISSION
Introduction and Background
The 1975 James Bay and Northern Quebec Agreement (JBNQA) arose out of the political and legal actions
of Eeyou of Eeyou Istchee, in the early 1970s, to protect Eeyou rights and to initially oppose and stop
the construction of the James Bay Hydroelectric Development Project, which was announced for
construction on April 30, 1971 by Premier Robert Bourassa of the Government of Quebec in Eeyou
Istchee without consultation, consent and accommodation with the said Eeyou. The Government of
Quebec with Hydro-Quebec and to some extent the Government of Canada ignored and denied the
rights, interests and concerns of Eeyou whose lands and way of life would be seriously impacted by the
gigantic hydroelectric development project.
The JBNQA is a modern treaty and the rights set out therein are recognized and protected under
subsection 35(3) of the Constitution Act, 1982. The JBNQA is also a land claim agreement as well as an
out-of-court settlement of the con ict of the claims and rights of the Eeyou of Eeyou Istchee and the
Inuit of Northern Quebec to their historical and traditional territories with the Government of Canada
and the Government of Quebec. As a part of the settlement, the JBNQA permits the construction,
operation and maintenance of a modi ed project known as Le Complex La Grande (1975) within
Eeyou Istchee.
For Eeyou of Eeyou Istchee, the treaty process was the path chosen to commence the process of nation-
rebuilding and nation-building, secure recognition, protection and continuity of Eeyou rights such as
hunting and shing and self-governance, use and protection of Eeyou Istchee and rede ne relationships
with Canada and Quebec.
In a decision rendered in 2010, the Supreme Court of Canada stated that the James Bay and Northern
Quebec Agreement has constitutional status as a modern treaty for the purposes of s. 35 (3) of the
Constitution Act, 1982.
The Eeyou rights under s. 35 of the Constitution Act, 1982 and the James Bay and Northern Quebec
Agreement must be de ned by taking into account the Eeyou perspective. It is the nature and scope of
the speci c customary practices and traditions of Eeyou of Eeyou Istchee that de nes the rights. In
CHAPTER THREE
EEYOU GOVERNANCE,
CUSTOMARY LAW AND
EEYOU EEDOUWUN
EEYOU GOVERNANCE, CUSTOMARY LAW AND EEYOU EEDOUWUN 25
particular, the Eeyou rights must be dened, to a large extent, in reference to Eeyou Eedouwun such
as the customary law or Eeyou practices, customs and traditions. Eeyou Eedouwun under the JBNQA
was meant to revitalize and rearm the continuity of Eeyou traditional institutions, belief systems and
customary law in a way that maintains their evolution and relevance to contemporary Eeyou life
and society.
Therefore, after 1975, through the implementation of the James Bay and Northern Quebec Agreement, Eeyou
of Eeyou Istchee commenced the process of rebuilding and building the Eeyou Nation and establishing
and maintaining relationships and reconciliation with contemporary society, industries and governments.
The rebuilding and building of the Eeyou Nation which involves, to a large extent, the establishment,
reclaiming and maintenance of Eeyou Eedouwun, is the spirit and intent of the James Bay and Northern
Quebec Agreement.
For Eeyou of Eeyou Istchee, amongst other goals, the process of nation-rebuilding, nation-building
and reconciliation is about honouring treaty obligations, exercising self-governance, maintaining and
developing culture and identity, supporting self-governing institutions, building viable communities and
sustaining traditional and alternative ways of economic development, having meaningful participation in
resource development and hence determining what constitutes the present Eeyou way of life and hence
Eeyou Eedouwun. It involves establishing and maintaining institutions of self-government and economic
26 2022 REPORT OF THE CREENASKAPI COMMISSION
development that are culturally appropriate to Eeyou and that are eective in addressing the nation’s
challenges and needs.
The exercise of the right of self-government is one fundamental way that Eeyou of Eeyou Istchee
commenced the rebuilding and building of the Eeyou Nation.
Eeyou Governance
Eeyou of Eeyou Istchee is a sovereign Indigenous Nation with the inherent right to govern themselves
and their territories.
For Eeyou of Eeyou Istchee, there is no more basic principle in Eeyou history and relations than a
people’s right to govern themselves and their territories in accordance with their traditions, values, goals
and aspirations. For Eeyou, self-governance is fundamental and therefore an Eeyou Eedouwun.
Eeyou of Eeyou Istchee, can trace their right to govern themselves far as memory and oral history
extend. The ultimate sources of their right to be self-governing is their aboriginality, inherency, and
sovereignty. Historically, Eeyou were a self-governing people when the Europeans arrived on the shores
of Eeyou Istchee. In this manner, the right to be self-governing is an inherent right.
The inherent right of Eeyou to govern themselves derives also from their socio-economic, political
structure and Eeyou Eedouwun such as culture, traditions, history, and philosophy.
However, Eeyou of Eeyou Istchee, have accepted the need for power sharing with Canada and Quebec.
In return, Eeyou asked Canada and Quebec to accept that the right of Eeyou self-government is not,
and can never be, a gift from Canada and Quebec. As far as Eeyou are concerned, the Eeyou right to
govern themselves cannot be created nor granted by the governments of Canada and Quebec. This right
is inherent in the Eeyou people and nation and was exercised for centuries. It is a right Eeyou never
surrendered and wish to continue its exercise to rebuild and build their nation.
Therefore, Eeyou of Eeyou Istchee negotiated the recognition, protection and continuity of their rights
including the right of self-government into the modern-day treaty known as the James Bay and Northern
Quebec Agreement. The recognition, protection and continuity of Eeyou rights which are older than
Canada and Quebec is a major and fundamental part of the bargain between Eeyou of Eeyou Istchee,
Canada and Quebec in the James Bay and Northern Quebec Agreement.
In particular, mutual recognition of coexisting and self-governing peoples is basic in any continuing
relationships with Canada and Quebec.
The Eeyou of Eeyou Istchee have exercised and will continue to exercise their right of self-
determination which is referred to as “Weesou-way-tah-moo-wun” in the language of Eeyou of Eeyou
Istchee. The words “Eeyou Weesou-way-tah-moo-wun” are best described as “determination by Eeyou”
or Eeyou self-determination which is the power of choice in action.
Self-government is one path Eeyou have taken in putting the right of self-determination into eect.
Self-government ows from the exercise of the right of self-determination. In its most basic sense, self-
government is the ability to assess and satisfy needs without outside inuence, permission or restriction.
Eeyou have asserted and will continue to exercise their inherent right of self-determination arising from
EEYOU GOVERNANCE, CUSTOMARY LAW AND EEYOU EEDOUWUN 27
their status as distinct or sovereign people. This right entitles them to determine their own governmental
arrangements and the character of their relations with Canada and Quebec.
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, 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.
In summary, the meaning and practice of Eeyou governance has evolved and has been and continues to
be redened by Eeyou 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.
The spirit and intent of the James Bay and Northern Quebec Agreement and its related agreements
requires Canada and Quebec to respect the inherent right of the Eeyou nation to govern its own
aairs and territories. Implicit in this principle, of course, is the right of the Eeyou nation to enter into
intergovernmental relations with Canada and Quebec, to acquire the benets of such agreements,
and to acquire the responsibilities and burden of self-governance.
28 2022 REPORT OF THE CREENASKAPI COMMISSION
In this regard, the Eeyou nation has asserted and exercised its right of self-determination and has entered
into a modern-day treaty (James Bay and Northern Quebec Agreement) and related agreements with Canada
and Quebec. In entering into such nation-to-nation agreements with Eeyou, Canada and Quebec have
already acknowledged their self-governing nation status.
The assertion of their inherent right of self-determination arising from their status as distinct or sovereign
peoples entitles Eeyou to determine their own future within Canada and to govern themselves under
institutions of their own choice and design.
For Eeyou of Eeyou Istchee, the JBNQA was meant to bring about the sharing of powers and
responsibilities in the governance of Eeyou Istchee.
The Eeyou nation’s vision of Eeyou governance is one in which Eeyou are free to determine the form of
political organization and government that is appropriate for them. To achieve this vision, Eeyou need to
have at their disposal tools to ensure their success in constituting and exercising eective governments.
The journey to full and eective self-government is not over. Eective governance requires local and
regional or nation structures that are consistent with culture, heritage and Eeyou Eedouwun that, at the
same time, encompass sucient numbers of qualied people to exercise the full authority of eective
governance.
Eeyou have a special spiritual relationship to their land—Eeyou Istchee. Eeyou also consider their culture,
language and traditions as fundamental and central to their collective and individual identities. Therefore,
Eeyou vision of self-government embraces two distinct but related goals. The rst involves greater
authority over Eeyou Istchee and its inhabitants, whether this territory be exclusive Eeyou or shared
with others. The second involves greater control over matters that aect Eeyou in question: its culture,
identity and collective well-being.
Consequently, Eeyou of Eeyou Istchee have chosen and taken the following principal paths and
arrangements for governance of Eeyou Istchee:
a) traditional Eeyou system of governance and authority (Indoh-hoh Ouje-Maaou) for each
Indoh-hoh Istchee (Eeyou Hunting Territories);
b) local government (Cree First Nation Government by Chief and Council) that involves a broad
measure of Eeyou authority on an exclusive territorial base (Category 1A and 1B lands);
c) Eeyou (Cree) Nation Government that involve a broad measure of Eeyou authority on an
exclusive (Category 1A land) and non-exclusive (Category 2 land) territorial base; and
d) public government (Eeyou Istchee James Bay Regional Government) that allow for signicant
Eeyou participation in decision-making over shared lands (Category 3 land) and resources.
Eeyou Governance is the process through which Eeyou make decisions that direct their collective
eorts. Eective governance is about more than getting the job done. This is particularly true for Eeyou
as values typically play an important role in determining both organizational purpose and style of
operation. The process and the principles that support and guide the process are as important as the end
product. However, eective governance is more than “taking control” of Eeyou aairs and issues such as
economic, community and social development. Good and eective governance is about both achieving
EEYOU GOVERNANCE, CUSTOMARY LAW AND EEYOU EEDOUWUN 29
desired results and achieving them in the right way which is largely shaped by the cultural norms and
values of Eeyou of Eeyou Istchee.
Eeyou governance has evolved dramatically over the past four (4) decades mainly in response to the
fundamental changes in the political, social and economic landscape of Eeyou Istchee. This evolution of
Eeyou governance is customary and natural as political power is universal and inherent in human nature.
After all, Eeyou self-determination is the power of choice in action. In some instances, Eeyou of Eeyou
Istchee have adopted a “just do it” approach.
Eeyou governance is also the practice and exercise of stewardship, guardianship and custodianship of
Eeyou Istchee. For Eeyou of Eeyou Istchee, the journey for full Eeyou governance begins and ends with
and within the historical and traditional authorities of self-governing power – the people of the land.
Most important for Eeyou of Eeyou Istchee, the origin, exercise, evolution and continuity of the right of
self-government is Eeyou Eedouwun.
Eeyou Eedouwun
Throughout the consultations with the Eeyou communities on the construction of and opposition to the
James Bay Hydroelectric Development Project, its subsequent court proceedings to stop the Project and
the negotiations that led to the signing of the James Bay and Northern Quebec Agreement, the Elders of the
Eeyou communities spoke about the essential need and fundamental importance of Eeyou Eedouwun
for the Eeyou of Eeyou Istchee.
The Eeyou Eedouwun that the Elders spoke about centers around the Eeyou homeland - Eeyou Istchee
- which is comprised of Eeyou Indoh-hoh Istchee (traditional and historical family hunting territories).
The Elders spoke about the Eeyou homeland as a vast land of animals, sh, birds, forests, rivers and lakes
where hunting and shing are essential components of the lives and culture of the Eeyou/Eenou. For
the Eeyou of Eeyou Istchee, hunting and shing is far more than the pursuit of sh and game. The
presence of Nature everywhere brings great blessings on the people. Consequently, the Eeyou presence
in the land of their ancestors is essential for their wellbeing in mind, body and spirit. The Elders call this
holistic wellbeing “miiyoupimaatsiiwin”. Therefore, according to the Elders, the Eeyou maintain a strong
bonding relationship with their land – its waters, its forests, its plants, its animals, its sh, its spirit – and
what the people have become as a result is part of the nature of being Eeyou.
According to the Elders, the centrality of Eeyou Istchee forms the foundation of Eeyou existence,
individual, family, nation, community, governance, family hunting territories, language, Eeyou/Eenou law,
culture, traditional knowledge, cultural wisdom, education and teachings, values, traditions and customs,
rights, identity, history, economy, philosophy, beliefs, morals, attitudes, spirituality, well-being and health,
worldview and way of life. Consequently, this strong bonding relationship with Eeyou Istchee makes
Eeyou—a distinct people.
The aforementioned matters form the principal elements of Eeyou Eedouwun that the Elders
of Eeyou Istchee spoke about in the consultations with the Eeyou/Eenou communities on the
construction of and opposition to the James Bay Hydroelectric Development Project, its subsequent
court proceedings to stop the Project and the negotiations that led to the signing of the James Bay
and Northern Quebec Agreement.
30 2022 REPORT OF THE CREENASKAPI COMMISSION
The Elders have denitely guided the treaty makers (Eeyou/Eenou leaders and negotiators) in the
making of the modern treaty known as the James Bay and Northern Quebec Agreement and ensuring the
recognition, protection and continuity of Eeyou rights and Eeyou Eedouwun.
As stated, Eeyou customary law consists of Eedouwun such as Eeyou practices, customs and traditions.
The nature and scope of these practices, customs and traditions dene Eeyou rights.
Consequently, to a large extent, the spirit and intent of the James Bay and Northern Quebec Agreement, is
to preserve, maintain and continue Eeyou Eedouwun. The preservation, maintenance and continuity of
Eeyou Eedouwun are fundamental and essential in the process of nation-rebuilding and nation-building.
As a result of some devestating relations with newcomers, non-Native governments and industries, Eeyou
of Eeyou Istchee had to build their nation and in some cases rebuild their nation.
Eeyou Customary Law
Eeyou of Eeyou Istchee have a legal tradition which existed before the arrival of Europeans to Eeyou
Istchee. This legal tradition of Eeyou customary law still continues to function in Eeyou society through
their actions, teachings, assumptions, premises and philosophy. In this manner, Eeyou Eedouwun
denes Eeyou way of doing and being and includes Eeyou capacity to do; otherwise known as rights
in the Eeyou milieu. Eeyou customary law has many sources, regarded variously as divine, natural, and
customary. The perceived source of law aects the rules by which it can be developed, disclosed and
EEYOU GOVERNANCE, CUSTOMARY LAW AND EEYOU EEDOUWUN 31
applied. Eeyou law is orally based. However, in recent times, Eeyou law such as the Cree Hunting Law has
been written and adopted by some of the Cree First Nation Governments.
The Courts have recognized the continuation of customary law following assertion of Crown sovereignty.
Eeyou law is the body of law inherent in Eeyou. It is a body of law passed down from generation to
generation. Eeyou law manifests the common values of Eeyou society. For Eeyou, Eeyou law, custom and
tradition do not consist of static principles, practices and institutions from the distant past. They constitute
an evolving body of ways of life that adapts to changing situations and readily integrates new attitudes
and practices. Consequently, Eeyou law is not a static body of law; but is an evolving body of principles
and norms of life in Eeyou society.
Eeyou, like other contemporary people, are constantly reworking their institutions to cope with new
circumstances and demands. In doing so, they freely borrow and adapt cultural traits that they nd useful
and appealing. In this regard, Eeyou law can be regarded as continuing process of attempting to resolve
the problems of a changing society, than a set of rules. It is not the heedless reproduction of outmoded
practices that makes an eective Eeyou law and a vigorous tradition, but a strong connection with the
living past especially a strong and living connection with the land – Eeyou Istchee.
In summary, Eeyou law is:
a) is conventional, customary and unwritten;
b) embodied in oral traditions and community observances;
c) passed down from one generation to another;
d) an evolving body of principles and norms of Eeyou life;
e) focused on core Eeyou values and principles and subsequently manifests the common value of
Eeyou society.
Conclusion
For Eeyou, the JBNQA is a charter of rights for the Eeyou to continue the use, occupation and
governance of Eeyou Istchee. The rights of Eeyou to their homeland Eeyou Istchee are recognized and
protected by the JBNQA.
What is the status, nature and scope of these Eeyou rights?
The Supreme Court has described Aboriginal rights as ‘sui generis’ which is a legal term describing the
relationship between the Government of Canada and the Aboriginal peoples of Canada in relation to
Aboriginal title, rights, and treaties. These rights and relationships are “unique,” “one of a kind,” or “in
their own class.” This is due both to the unique place of these rights and relationships in Canadian law
and the source of the rights, since Aboriginal peoples occupied Canada prior to settlement by Europeans.
As a major and signicant achievement, the Eeyou of Eeyou Istchee through the James Bay and Northern
Quebec Agreement have terminated the application of the Indian Act to the Eeyou and their community
lands. The Indian Act enabled the Federal government to dominate and control the lives and aairs of
First Nations across Canada including Eeyou of Eeyou Istchee. The Indian Act permitted the federal
government to establish and implement the Indian Residential School System and also create and
impose the local government system which was supervised and controlled by the federal government.
32 2022 REPORT OF THE CREENASKAPI COMMISSION
Consequently, the Indian Act was the most serious barrier for the exercise of the right of Eeyou self-
determination. The Act did not recognize the existence and application of Eeyou customary laws. By
ensuring the elimination of the application of the Indian Act to Eeyou and Eeyou community lands,
Eeyou of Eeyou Istchee has eradicated federal authority under the Indian Act over Eeyou people, Eeyou
community lands, and Eeyou First Nation governments.
In a decision rendered in 2010, the Supreme Court of Canada stated that the James Bay and Northern
Quebec Agreement has constitutional status as a modern treaty for the purposes of s. 35 (3) of the
Constitution Act, 1982.
The Eeyou rights under s. 35 of the Constitution Act, 1982 and the James Bay and Northern Quebec
Agreement must be dened by taking into account the Eeyou perspective. It is the nature and scope of
the specic customary practices and traditions of Eeyou of Eeyou Istchee that denes the rights. In
particular, the Eeyou rights must be dened, to a large extent, in reference to Eeyou Eedouwun such
as the customary law or Eeyou practices, customs and traditions. Eeyou Eedouwun under the JBNQA
was meant to revitalize and rearm the continuity of Eeyou traditional institutions, belief systems and
customary law in a way that maintains their evolution and relevance to contemporary Eeyou life and
society.
As an example, Section 24 of the James Bay and Northern Quebec Agreement recognizes the right of every
Eeyou of Eeyou Istchee to hunt, sh and trap any species of wild fauna at all times of the year. This
right is further dened by taking into account Eeyou Eedouwun respecting customs, traditions and
practices in the conduct and pursuit of hunting. shing and trapping and related activities. Consequently,
new enabling legislation was passed and existing legislation amended by Canada and Quebec to ensure
conformity with the rights of Eeyou of Eeyou Istchee. In essence, Eeyou of Eeyou Istchee engaged in the
exercise of amending or removing the unjust laws of Quebec and Canada that constituted the denial of
Eeyou rights. (Before 1975, Canada and Quebec applied and enforced, upon Eeyou, sport hunting and
shing laws and regulations that did not permit hunting and shing at all times of the year. Consequently,
Eeyou were not permitted to hunt moose and geese in accordance with their traditional and seasonal
activities. Some Eeyou hunters were prosecuted by conservation and police ocers for alleged illegal
hunting and shing in Eeyou Istchee.)
In addition, Section 24 of the JBNQA acknowledges and recognizes the existence and continuity of the
Eeyou Eedouwun (traditional system) of governing and managing Eeyou Indoh-hoh Istchee (family
traditional hunting territories) by the Eeyou Indoh-hoh Ouje-Maaou (Tallyman).
Another example, Section 9 (Local Government over Category 1A lands) of the James Bay and Northern
Quebec Agreement contemplates special legislation concerning local government for the James Bay Crees
on Category 1A lands.
The said Section 9 continues to state that such legislation shall contain the following provisions: that each
band shall have the option of electing or appointing its chief and councillors according to band custom
or Eeyou Eedouwun… Such band customs shall be set out in the by-laws of the band…
Consequently, Section 9 of the James Bay and Northern Quebec Agreement contemplates the incorporation
of Eeyou custom in local Cree Nation Government elections. In particular, each Cree First Nation has
the option of electing or appointing its chief and councillors according to Eeyou custom. (This Eeyou
EEYOU GOVERNANCE, CUSTOMARY LAW AND EEYOU EEDOUWUN 33
custom is to be set out in the by-laws or laws of the Cree First Nation Government.) Therefore, Eeyou
of Eeyou Istchee do not have to follow the present band election procedures as prescribed by the present
band election laws if such band election procedures are problematic. The option exists for Eeyou of
Eeyou Istchee to choose customary law in the election or appointment of its chief and councillors.
According to the Supreme Court in R. v. Van der Peet: “The challenge of dening Aboriginal rights
stems from the fact that they are rights peculiar to the meeting of two vastly dierent legal cultures;
consequently, there will always be a question about which legal culture is to provide the vantage point
from which rights are to be dened... a morally and politically defensible conception of rights will
incorporate both legal perspectives.”
For Eeyou of Eeyou Istchee, its legal traditions constitute a fundamental part of Eeyou Eedouwun which
denes its rights including the Eeyou right of self-governance.
Consequently, Eeyou of Eeyou Istchee need to review and amend its Treaty and subsequent Agreements
and enabling legislation to acknowledge the existence and continuity of Eeyou Eedouwun and Eeyou
legal tradition including customary law in the exercise of the Eeyou right of self-government.
34 2022 REPORT OF THE CREENASKAPI COMMISSION
After a review and analysis of the presentations, submissions and comments of the representatives of the
Cree Nation of Eeyou Istchee, Naskapi First Nation of Kawawachikamach and the Commission, the
Cree-Naskapi Commission submits the following recommendations:
Governance
1. The Cree Nation of Eeyou Istchee should review and amend its laws and Constitution to
acknowledge the existence, application and continuity of Eeyou Eedouwun and Eeyou
Customary Law in the exercise of Eeyou self-government.
2. The Cree Nation Government, Government of Canada and Government of Quebec should
review Section 9 (Local Government over Category 1A Lands) of the James Bay and Northern
Quebec Agreement, New Relationship Agreements, Governance Agreements to ensure the following
objectives:
a) implicit recognition of the Eeyou inherent right of self-government; and
b) acknowledgement of the existence, application and continuity of Eeyou Eedouwun and
Eeyou Customary Law in the exercise of Eeyou self-government.
3. The Cree Nation of Eeyou Istchee should review the Agreement on Cree Nation Governance
between the Crees of Eeyou Istchee and the Government of Canada, its enabling legislation
and the Constitution of the Cree Nation of Eeyou Istchee for the following purposes:
a) review the current quorum provisions for holding of valid meetings and voting including
referenda for approval of certain matters to ensure adequacy, appropriateness and
e ciency.
b) determine an e cient system for decision-making on urgent matters such as obtaining
the necessary signatures of Council members when a meeting of the Council is di cult
to hold within a short notice.
CHAPTER FOUR
RECOMMENDATIONS OF THE
CREE-NASKAPI COMMISSION
c) review the current laws respecting election procedures especially with nominations and
calls for new and unscheduled elections.
d) review and/or enact new laws to clarify the procedure for the calling and holding of
members’ meetings, the conduct of such meetings as well as the decision-making powers
of these meetings.
e) review its current laws or enact new laws to conform and reect Cree values, principles,
traditions and customary law.
f) review and update the Constitution of the Cree Nation of Eeyou Istchee.
g) to include the intent and spirit of the James Bay and Northern Quebec Agreement in the
Constitution.
h) amend the Constitution of the Cree Nation of Eeyou Istchee so it honours the Eeyou/
Eenou past, respects the present and guides the future of the people.
4. The Cree Nation Government and the Cree First Nation Governments should develop, adopt
and implement the following laws in a manner that suits the Cree interests and people:
a) Conict of Interest Rules
b) Code of Ethics for Chief and Council
c) Code of Ethics for Personnel of the Cree Governments
5. Training and orientation sessions should be developed and implemented for newly elected
Chief and Council members. These sessions should be centered on the James Bay and Northern
Quebec Agreement, the Agreement on Cree Nation Governance between the Crees of Eeyou
Istchee and the Government of Canada, its enabling legislation and the Constitution of the
Cree Nation of Eeyou Istchee.
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36 2022 REPORT OF THE CREENASKAPI COMMISSION
Importance and Role of Elders
6. The Cree Nation Government and the Cree First Nation Governments, with the
collaboration of the local and regional Elders’ Councils, should determine ways and means that
will, in a positive and meaningful manner, permit the Elders of Eeyou Istchee to be involved in
the process of decision-making, 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.
7. The Council of the Cree Nation Government should adopt a resolution for the purposes of
initiating a process for an amendment to the Constitution of the Cree Nation of Eeyou Istchee
to achieve the following purposes:
a) To acknowledge and recognize the essential role of Elders in the pursuit, achievement
and maintenance of “miiyoupimaatsiiwin” (well-being in mind, body and spirit);
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, self-governance and well-being;
d) To enable the Elders’ Councils to advise Eeyou/Eenou governments and institutions on
legislation and policies relating to language, culture and well-being;
e) To involve the Elders in the development, establishment and implementation of a
mechanism to resolve disputes respecting the Indoh-hoh Istchee (Traditional Family
Hunting Terriitory).
Cree Nation of Chisasibi
8. The Cree Nation of Chisasibi and the Cree Nation Government should submit the issue of
the 500 corridors on each side of road for discussion and resolution to the Standing Liaison
Committee which established pursuant to Chapter 11 of the Agreement Concerning a New
Relationship between Le Gouvernement du Quebec and the Crees of Quebec to act as a privileged
forum between the Crees and Quebec in order to nd mutually acceptable solutions to
disputes arising out of the interpretation or implementation of this Agreement or of the James
Bay and Northern Quebec Agreement when the mechanisms provided therein cannot resolve the
dispute to the satisfaction of the parties.
9. Before the approval and signature of Agreements that impact the Cree Nation of Eeyou
Istchee and the Cree Communities, the Cree Nation Government should conduct full and
intensive consultations with the Cree communities.
10. In making decisions that aect the members and the community, the Elders, community
leaders and members should be fully consulted and permitted to participate in a meaningful
way, in the process of dening and promoting the interests of the members of the community.
11. In general meetings, the Cree words in laws, documents, and reports should be used to
promote understanding the intent and meaning of these matters.
12. The Cree Nation Government should develop short-, medium- and long-term strategies for
progress, improvement and comprehensive planning for goals and projects.
13. The Cree Nation Government should produce ‘laymen versions’ of the Governance
Agreements, Cree Constitution and other related and important documents for the members
to understand these documents and Cree governments. Furthermore, in-person orientation
sessions should be developed on the mandates, roles and operations of various bodies like the
Cree Nation Government, Cree School Board, Cree Board of Health and Social Services of
James Bay and the Cree-Naskapi Commission.
14. The Cree Nation Government and the Cree First Nation Governments should review the
present formula for distribution of funds under the Agreement Concerning a New Relationship
between Le Gouvernement du Quebec and the Crees of Quebec to ensure clarity and fairness to the
Cree communities.
Cree Nation of Eastmain
15. The Cree First Nation Government of Eastmain should work in collaboration with the Cree
School Board to encourage and permit the participation of parents and individuals in the use
of the Cree language.
16. The Cree First Nation Government of Eastmain and the Cree Nation Government should
establish and implement eective measures for the collection of rent for housing to prevent
house rental arrears.
Cree Nation of Washaw Sibi
17. The Cree Nation of Washaw Sibi and the Cree Nation Government should continue to
pursue together the objective of securing a new village for Washaw Sibi with their own
Category 1A within the meaning of the James Bay and Northern Quebec Agreement.
18. The Cree Nation of Washaw Sibi and the Cree Nation Government invite Canada and
Quebec to participate in the discussions on securing a new village for Washaw Sibi with their
Category 1 Lands under the James Bay and Northern Quebec Agreement.
MoCreebec Eeyoud
19. MoCreebec Eeyoud and the Cree Nation Government continue to work together to pursue
the objective of securing a new village and to gain recognition as a Cree community within
the meaning of the James Bay and Northern Quebec Agreement for MoCreebec Eeyoud.
Cree Nation of Nemaska
20. The Cree Nation of Nemaska should review its election law to determine the residency
requirements of its electors.
21. The Cree Nation of Nemaska should review its election procedure for the oces of Chief
and Deputy Chief. As an example, it has been suggested that in general elections for Chief and
Deputy Chief, each candidate for Chief should have a running mate who shall be designated as
Deputy Chief. Such a system would prevent conicts between these two oces and promote
working together towards common goals.
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38 2022 REPORT OF THE CREENASKAPI COMMISSION
22. The Cree Nation of Nemaska and the Cree Nation Government should review and amend
Section 8.14 (1) of the Agreement on Cree Nation Governance between the Crees of Eeyou
Istchee and the Government of Canada and its enabling legislation. (Section 8.14 (1) of the
said Agreement reads as follows: “Section 8.14 (1) A Cree Nation Government Law in respect
of a matter referred to in sections 8.9 to 8.12 shall prevail over a Cree First Nation Law to the
extent of any inconsistency or conict.” (The other Cree First Nation Governments need to
be involved in this exercise.)
Cree Nation of Mistissini
23. The Cree Nation Government, Cree Nation of Mistissini and Cree School Board should
collaborate together to ensure the maintenance and continuity of Cree language, customary
law and Eeyou Eedouwun.
24. The Cree Governments and the public institutions such as the Cree School Board and the
Cree Health Board should determine the most ecient way of allocating land to these
institutions in accordance with the present regime and needs of these institutions.
25. The Cree Nation of Mistissini should determine by law with the participation of Elders an
eective mechanism for the resolution of disputes respecting the traditional family Indoh-hoh
Istchee (hunting territories).
Naskapi Nation of Kawawachikamach
26. The Naskapi Nation of Kawawachikamach and Canada should nalize a self-government
agreement to replace the present Naskapi governance regime under the Naskapi and
Cree-Naskapi Commission Act and the Naskapi Constitution under the sole jurisdiction
of the Naskapi.
27. The Naskapi Nation of Kawawachikamach should include and modernize its electoral laws
in its Constitution.
28. The Naskapi Nation of Kawawachikamach should nalize, approve and apply the Code of
Ethics and Values for the Naskapi Nation of Kawawachikamach Employees.
www.creenaskapicommission.net
Cree-Naskapi Commission
