EEYOU/EENOU EEDOUWIN, CUSTOMARY LAW AND GOVERNANCE 23
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.
It is often said that ‘custom makes law.’ For Eeyou, Eeyou law may ow from Eeyou customs and
traditional practices. However, traditions appeal to values and actions that sustain customs. In fact,
Eeyou values form the building blocks for the ethical principles which form the basis for Eeyou law
and tradition. Consequently, Eeyou law and tradition ow from Eeyou values and principles.
In addition, Eeyou culture may be dened simply as the way of life adopted by the Eeyou. In fact, Eeyou
describes Eeyou culture as “Eeyou pimaat-siiwun” (Eeyou way of life). For Eeyou, culture is determined
by Eeyou Eedouwin – Eeyou way of doing things and Eeyou way of being– and encompasses the
complex whole of beliefs, values, principles, practices, institutions, attitudes, morals, customs, traditions
and knowledge. These elements inuence the determination of Eeyou law.
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 Eedouwin for the Eeyou of Eeyou Istchee.
The Eeyou Eedouwin 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. 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, forests, plants, animals, sh, its spirit and
what the people have become as a result – that’s 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, h istory, 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.
In summary and in consideration of the Eeyou legal system, one must consider the following important
aspects of Eeyou society and governance:
a) Eeyou right of self-determination or Eeyou weesou-way-tah-moo-wun;
b) Eeyou Tapay-tah-jeh-sou (Eeyou government) Kas-jeh-hou-wun or the inherent right
of self-government;
c) Sovereignty of Eeyou;
d) Eeyou Weesou-wehwun or Eeyou law as determined and established through the
Eeyou decision-making process;
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