French
 

 

Layman Version of the Constitution of the Cree Nation of Eeyou Istchee

 

 

 

 

 

 

Prepared by the Cree-Naskapi Commission

 

 

 

 

 

September1, 2018

 

 

 

 

 

 

 

Layman Version of the Constitution of the Cree Nation of Eeyou Istchee

 

 

Introduction

 

Part 2 of Chapter 3 of the Agreement Concerning a New Relationship between the Government of Canada and the Crees of Eeyou Istchee provides that the Cree Nation will develop a Constitution which shall be effective as the fundamental law of the Cree Nation, shall be consistent with the Governance Agreement and shall come into force at the same time as the Governance Agreement. Consequently, Eeyou of Eeyou Istchee have developed the Constitution of the Cree Nation of Eeyou Istchee.

On July 18, 2017, representatives of the Government of Canada and the Grand Council of the Crees (Eeyou Istchee) and the Cree Nation Government signed the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada.

 

On March 29, 2018, Bill C-70 – An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts was given royal assent. Consequentially, the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada and the Constitution of the Cree Nation of Eeyou Istchee are given effect and have the force of law.

 

 

 

PREAMBLE – Background

 

The Preamble of the Constitution of the Cree Nation of Eeyou Istchee sets forth the background of the said Constitution as follows:

a)     The Crees of Eeyou Istchee constitute an Indigenous society and nation with rights, values and principles.

b)    The United Nations Declaration on the Rights of Indigenous People (ŇDeclarationÓ) recognizes a number of these rights, values and principles;

c)     The Crees of Eeyou Istchee, in the exercise of their right of self-determination and self-government, have entered into various agreements and treaties with non-Indigenous society and government;

d)    The Cree Nation has entered into agreements and treaties with Canada and Québec and other entities, including, among others,

                        i.         the James Bay and Northern Quebec Agreement (JBNQA) signed on November 11, 1975;   

                       ii.         the Agreement concerning a New Relationship between le gouvernement du Québec and the Crees of Québec signed on February 7, 2002, also known as the ŇPaix des BravesÓ;

                     iii.         the Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in Right of Canada concerning the Eeyou Marine Region signed on July 7, 2010;

                     iv.         the Agreement on Governance in the Eeyou Istchee James Bay Territory between the Crees of Eeyou Istchee and the gouvernement du Québec signed on July 24, 2012;  and

                       v.         the Agreement concerning a New Relationship between the Government of Canada and the Crees of Eeyou Istchee (ŇNew Relationship AgreementÓ) signed on February 21, 2008.

 

e)     Part 2 of Chapter 3 of the New Relationship Agreement sets out a process for negotiations leading to an Agreement concerning Cree Nation Governance (ŇGovernance AgreementÓ).

f)     The Governance Agreement provides for local and regional government arrangements and the land regime on Category IA Land.

g)     The Governance Agreement is a Nation-to-Nation agreement between the Cree Nation and the Government of Canada that provides for the modernization of the governance regime on Category IA Land contemplated, at the local level, in Section 9 of the JBNQA and previously provided for in legislative form in the Cree-Naskapi (of Québec) Act.

h)    Part 2 of Chapter 3 of the New Relationship Agreement also provides that the Cree Nation will develop a Constitution which shall be effective as the fundamental law of the Cree Nation, shall be consistent with the Governance Agreement and shall come into force at the same time as the Governance Agreement.

i)      The Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada.

j)      The inherent right of self-government is an existing Aboriginal right under section 35 of the Constitution Act, 1982.

k)    It is appropriate to set out in this Constitution arrangements regarding the exercise of the Cree right of self-government in relation to the administration and internal management of the Cree First Nations and the Cree Nation Government on Category IA Land.

l)      This Constitution is an instrument of internal self-government of the Cree Nation and is subject to its full control with regard both to its adoption and to its future amendment to take account of the context and changing conditions.

 

 

PART I - GENERAL

 

CHAPTER 1 – CREE VALUES AND PRINCIPLES

Since time immemorial, the Cree Nation of Eeyou Istchee has continuously

a)     functioned as a distinctive Indigenous people and nation with its own social organization, distinctive culture, language, spirituality, values, institutions, laws, practices, customs and traditions;

b)    governed itself in accordance with its own values, laws and institutions in the exercise of its inherent right of self-government and self-determination;

c)     used, occupied and managed the land and resources of the territory of Eeyou Istchee;

d)    carried on, and continues to carry on, activities which express practices, customs and traditions integral to its distinctive culture and self-government.

The Cree Nation has never surrendered its inherent right of self-government and self-determination.

The Cree Nation continues the process of asserting, affirming and defining its inherent right of self-government and self-determination.

The Cree Nation subscribes to the fundamental values of freedom, human dignity, equality, justice, mutual care and assistance, respect for individual and collective rights, protection of the environment and wildlife, and honour for the Creator, Cree ancestors and Cree traditions.

The principles and values set out herein are critical to the conclusion of agreements and treaties in support of the process of reconciliation between the Cree Nation and non-Indigenous society and government.

CHAPTER 2 – PURPOSE ANDD PRIORITY

This Constitution sets out the arrangements to which the Cree Nation has consented regarding the exercise of the Cree right of self-government and self-determination in relation to the administration and internal management of the Cree First Nations and the Cree Nation Government on Category IA Land.

The provisions of the James Bay and Northern Québec Agreement, the Governance Agreement and the Act respecting the Cree Nation Government7 shall prevail over the provisions of this Constitution to the extent of any inconsistency or conflict.

Cree Laws shall be subject to and consistent with the Governance Agreement and this Constitution. A Cree Law that is inconsistent or in conflict with the provisions of the Governance Agreement or this Constitution is of no force or effect to the extent of the inconsistency or conflict.

 

PART II – CREE FIRST NATIONS

 

CHAPTER 3 – GENERAL

 

A.    OBJECTS AND POWERS OF CREE FIRST NATIONS

 

The objects and powers of the Cree First Nations are set out in the Governance Agreement. 

 

B.    HEAD OFFICE

 

The head office of a Cree First Nation shall be located at such place on its Category IA Land as is fixed by the Cree First Nation.

 

C.   CHIEF AND DEPUTY CHIEF

The Chief of a Cree First Nation is the principal representative and chief executive officer of that Cree First Nation and shall perform any duties assigned to him by this Constitution and the laws of the Cree First Nation.

In each Cree First Nation, one Councillor shall hold office as deputy chief in accordance with an election law made under the Governance Agreement and this Constitution or in accordance with the election rules set out in Part I of Appendix A.

The deputy chief shall perform the duties assigned to him by this Constitution and the laws of the Cree First Nation, and, in the event that the Chief is absent or incapacitated or if the office of Chief is vacant, has and may exercise all the powers and duties of the Chief.

D.   COUNCIL MEETINGS

Laws may be enacted or resolutions adopted only at Council meetings.

In addition to any other rights relating to the use of the Cree language, a Cree First Nation may conduct its Council meetings in the Cree language.

A law or resolution of a Cree First Nation shall be enacted or adopted in either the English or the French language and may also be enacted or adopted in the Cree language.

A quorum of a Council consists of a majority of the number of positions of Council Member with the exception of disqualified Council member.


However and where, at any time, vacancies on the Council result in there being in office fewer Council Members than constitute a quorum, the Council Members remaining in office constitute a quorum for the limited purpose of enabling the Council to act in a care-taker capacity until such time as enough vacancies on the Council have been filled pursuant to Chapter 5 to restore the quorum.


Where a general election of the Cree First Nation is called, the Council of the Cree First Nation in office immediately before the calling of that general election continues in office until the date fixed for that general election.


The Chief or, in his absence, the deputy chief shall act as chairman at Council meetings.

In the event that both the Chief and deputy chief are unable to act as chairman at a Council meeting, the Council shall designate another Councillor to so act.


The approval of any matter by a Council requires the affirmative votes of the majority of the Council Members present when the vote is taken.


Where a Council Member present does not indicate either an affirmative vote or a negative vote or an abstention, he shall be deemed to have voted in the affirmative.


In the event of a tied vote, the chairman may, except where disqualified from voting, cast a second vote to determine the question.


For any period during which the Council of the Cree Nation of Chisasibi does not include an Inuk of Chisasibi, the Inuit of Chisasibi are entitled to have one Inuk of Chisasibi present as an observer at meetings of the Council of the Cree Nation of Chisasibi.

 

The manner of selection and term and tenure of the said Inuk observer shall be as set out in regulations made by the Governor in Council.

 

The said Inuk observer shall be notified of, and has the right to attend, all Council meetings, and has the right to participate in the deliberations of the Council, as if he were a Council Member, but he does not have the right to vote.


A Council shall meet at least once in every calendar quarter.


Council meetings shall be open to the public.


However, the chairman of a Council meeting may cause to be expelled and excluded from that meeting any person whom he considers guilty of improper conduct at the meeting.


A Council Member shall disclose to the Council any pecuniary interest that he has in any matter before that Council and shall not take part in deliberations of that Council on that matter or vote on that matter.


Where a disagreement arises as to whether a Council Member has a pecuniary interest in a matter before the Council, the Council shall decide by vote whether that member has such an interest, and the Council Member in question may not take part in that vote.


Where the Council decides that a Council Member has a pecuniary interest in a matter before the Council, the Council Member in question shall not take part in deliberations of the Council on that matter or vote on that matter.


Where the chairman is prohibited from taking part in deliberations and from voting, he may nevertheless continue to act as chairman.


A Council Member who is disqualified from taking part in deliberations and from voting shall be considered not to be present for the purposes of determining a quorum for a meeting or a majority for voting.


A Council Member who does not disclose to the Council any pecuniary interest in a matter before the Council and participates in the discussions and votes on the said matter commits an offence and is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both.


A Cree First Nation may make laws respecting procedures relating to Council meetings, including laws respecting notices of meetings, agenda, procedure at meetings and voting.

 

E.    COMMITTESS OF A COUNCIL

Cree First Nation may make laws

a)     establishing such committees as the Cree First Nation considers necessary to assist in the administration of the affairs of the Cree First Nation; and

b)    setting out the composition and functions of such committees.

The said laws made under subsection may provide for the membership on committees of persons who are not Council Members.

Committees may exercise only advisory or administrative functions and are responsible to the Council for the performance of their functions.

F.    CREE FIRST NATION BODIES, OFFOCERS, EMPLOYES AND AGENTS

A Cree First Nation, by resolution or law,

a)     shall appoint a secretary and a treasurer and fix their remuneration;

b)    may prescribe duties for the secretary and treasurer in addition to the duties described in this section; and

c)     may appoint or engage or provide for the appointment or engagement of such bodies and such officers, employees or agents as are necessary for the proper conduct of the affairs of the Cree First Nation, and shall prescribe the duties and fix the remuneration of any body or person so appointed or engaged.  

A Cree First Nation may enter into employment agreements with its officers and employees.

The secretary is responsible for

a)     the safekeeping of all the books, records and documents of the Cree First Nation; and

b)    the preparation of the minutes of all Council meetings and Cree First Nation meetings.

The secretary has the power to issue certified copies of any law or resolution of the Cree First Nation, and of minutes of Council meetings, Special Meetings and Ordinary Meetings of the Cree First Nation.

The powers of the secretary may also be exercised by the Chief and by any other person designated by a law of the Cree First Nation.

The treasurer is the chief financial officer of the Cree First Nation, is responsible for the receipt and deposit of Cree First Nation moneys and for all aspects of the financial administration of the Cree First Nation.

Where a person who is a Council Member, officer or employee of a Cree First Nation ceases, for any reason, to hold office as such, he shall forthwith return to the Cree First Nation any money, keys, books, documents, records or other property of the Cree First Nation that is in his possession by virtue of that office.

Any person who fails to comply with the previous paragraph commits an offence and is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both.

CHAPTER 4 – PROCEDURE FOR MAKING LAWS AND RESOLUTIONS

 

A.    GENERAL PROCEDURE

Unless otherwise provided for in this Constitution, a law or resolution of a Cree First Nation shall be enacted or adopted by the Council in the manner described for meetings of the Council.

B.    SPECIAL PROCEDURE

Subject to the other provisions of this Constitution, the following matters require approval by a special majority of two-thirds of the votes of all the Council Members in office:

(a)   the adoption by a Cree First Nation of a law

      i.         to change its English, French or Cree name;

     ii.         respecting taxation for local purposes pursuant to paragraph 6.2(1)(k) of the Governance Agreement;

(b)  the consent of the Cree First Nation to a waiver (and the terms and conditions thereof) by a Cree beneficiary or an Indian ordinarily resident on Category IA Land of the exemption from seizure in respect of a right or interest in Category IA Land provided for in the Governance Legislation.

Where the Council wishes to consider at a meeting the enactment of a law to change its Cree, English or French name, the procedures set out in paragraphs 4.2 (2), 4.2 (3) and 4.2 (4) of the Constitution must be applied and respected.

Where a land use plan or resource use plan adopted pursuant to section 6.3 of the Governance Agreement has been approved by the Electors of the Cree First Nation at a Special Meeting or Referendum at which at least twenty-five per cent of the Electors voted on the matter, any law or resolution of the Cree First Nation, whether made or adopted previously or subsequently, that is inconsistent with such land use plan or resource use plan is inoperative to the extent of the inconsistency.

A law of a Cree First Nation respecting zoning enacted pursuant to section 6.4 of the Governance Agreement is subject to the approval of the Electors of the Cree First Nation at a Special Meeting or Referendum at which at least fifteen per cent of the Electors vote on the matter.

A law of a Cree First Nation respecting hunting, fishing and trapping enacted pursuant to section 6.5 of the Governance Agreement is subject to the approval by the Electors of the Cree First Nation at a Special Meeting or Referendum at which at least ten per cent of the Electors vote on the matter.

A law of a Cree First Nation authorizing a long-term borrowing in accordance with subparagraph 6.2(1)(a)(viii) of the Governance Agreement is subject to the approval by the Electors of the Cree First Nation at a Special Meeting or Referendum at which at least twenty per cent of the Electors vote on the matter.

However the requirements of the previous paragraph do not apply to a long-term borrowing to fund projects of the Cree First Nation related to community housing.

An authorization from a Cree First Nation to a person for commercial exploitation of forest resources on its Category IA Land, as provided for in subsection 10.3(2) of the Governance Agreement, requires the approval of the Electors of the Cree First Nation at a Special Meeting or Referendum at which at least twenty-five per cent of the Electors vote on the matter.

The matters related to mineral, subsurface and mining rights on Category IA Land referred to in subsection 10.5(5) of the Governance Agreement require approval by the Electors of a Cree First Nation at a Special Meeting or Referendum at which at least twenty-five per cent of the Electors voted on the matter.

The matters related to expropriation by Québec of any Category IA Land or buildings of a Cree First Nation or of servitudes over such land must be approved by the Electors of the Cree First Nation at a Special Meeting or Referendum at which at least twenty-five per cent of the Electors vote on the matter:

(a) the amount of compensation in money in respect of an expropriation of a servitude referred to in subsection 11.5(3) of the Governance Agreement;

A grant by a Cree First Nation of a lease, usufruct, servitude, superficie or other right of use or occupation with respect to its Category IA Land for a term of ten years or more made under paragraph 12.3(1)(a) of the Governance Agreement for non-residential purposes has no effect unless approved by the Electors of the Cree First Nation at a Special Meeting or Referendum at which:

(a)   at least ten per cent of the Electors of the Cree First Nation voted on the matter, in the case of a grant for a term of less than twenty-five years; or

(b)  at least twenty-five per cent of the Electors of the Cree First Nation voted on the matter, in the case of a grant for a term of twenty-five years or more.

Where a right or interest in land was originally granted by a Cree First Nation for non-residential purposes under paragraph 12.3(1)(a) of the Governance Agreement, a subsequent transfer of that right or interest or any part thereof is of no effect unless authorized by the Cree First Nation, either in the original grant or subsequently, with the approval of the Electors of the Cree First Nation at a Special Meeting or Referendum at which the same percentage of Electors voted on the matter as would be required if the right or interest being transferred were being granted by the Cree First Nation under paragraph 12.3(1)(a) of the Governance Agreement.

Permission to use Category IA Land for commercial fishery or outfitting operation, whether included in the terms of the grant or subsequently given by the Cree First Nation, requires the approval of the Electors of the Cree First Nation at a Special Meeting or Referendum at which

a)     at least ten per cent of the Electors of the Cree First Nation voted on the matter, in the case of permission for a period of less than twenty-five years; or

b)    at least twenty-five per cent of the Electors of the Cree First Nation voted on the matter, in the case of permission for a period of twenty-five years or more.

The waiver by a Cree First Nation of its exemption from seizure, as provided for in the Governance Legislation, are subject to the approval by the Electors of the Cree First Nation at a Special Meeting or Referendum at which at least twenty-five per cent of the Electors voted on the matter.

Where a law or resolution of a Cree First Nation is not required by this Constitution to be approved by the Electors of the Cree First Nation, the law or resolution may nevertheless provide that it does not come into force unless approved by the Electors of the Cree First Nation at a Special Meeting or Referendum at which the minimum percentage of Electors specified in the law or resolution vote on the matter.

C.   ADOPTION AND COMING INTO FORCE

The original copy of any law of a Cree First Nation must be signed by

(a)   the chairman of the Council meeting at which it was enacted; and

 

(b)  the secretary of the Cree First Nation or such other person as is designated by a law of the Cree First Nation.


The minutes of a meeting of a Cree First Nation Council are not valid unless adopted by the Council by resolution and signed by

a)     the chairman of the meeting at which they are adopted; and

 

b)    the secretary of the Cree First Nation or such other person as is designated by a law of the Cree First Nation.


Where a law or resolution of a Cree First Nation is required to be approved by the Electors of the Cree First Nation at a Special Meeting or Referendum, the secretary of the Cree First Nation

(a)   in the case of a law, shall attach to the original copy of the law a statement signed by him indicating the date when such approval was given; or

 

(b)  in the case of a resolution, shall cause a statement signed by him indicating the date when such approval was given to be recorded in the minutes of the first Council meeting following such approval.


Non-compliance with the requirements of the previous paragraph does not invalidate a law or resolution.


A resolution comes into force on the day on which it is adopted by the Council of a Cree First Nation or on such later day as is specified in the resolution.


Where a resolution is required to be approved by the Electors of the Cree First Nation at a Special Meeting or Referendum, that resolution comes into force on the day on which such approval is given or on such later day as is specified in the resolution.


Within one week after a law has been enacted by a Cree First Nation, or has been enacted by a Cree First Nation and approved by the Electors of the Cree First Nation at a Special Meeting or Referendum (where such approval is required), the secretary of the Cree First Nation shall post a copy of the law on the Cree First NationŐs Category IA Land at a public place designated by the Cree First Nation.


A law enacted by a Cree First Nation shall come into force on the day on which it is posted, whether or not it is posted within the time set out in the previous paragraph, or on such day, subsequent to the day on which it is posted, as may be specified in the law.

 

D.   REGISTER OF LAWS AND COPIES

The secretary of the Cree First Nation shall maintain a register of laws in which shall be kept the original copy of all laws of the Cree First Nation, including laws that have been repealed or are no longer in force.

The secretary of the Cree First Nation shall record the full text of every resolution adopted by the Cree First Nation in the minutes of the Council meeting at which the resolution was adopted.

Non-compliance with the said requirements for registering and recording does not affect the validity of a law or resolution.

Any person is entitled to obtain a copy of a law or resolution of a Cree First Nation on payment of such reasonable fee as is fixed by the Cree First Nation.

 

CHAPTER 5 – ELECTIONS

 

Each Elector of a Cree First Nation is entitled to vote in any election of Council Members held by that Cree First Nation, whether the election is conducted pursuant to an election law made under the Governance Agreement and this Constitution or in accordance with the election rules set out in Part I of Appendix A.

However, an Elector who is appointed a Returning Officer or a Deputy or Assistant Returning Officer in respect of an election is not entitled to vote in that election.

 

A.    ELECTION LAWS

 

Subject to this section, Cree First Nation may make laws respecting the election and term of office of its Council Members.

A law made under section 5.2 shall include provision for

a)     the calling of elections and notices of elections;

b)    the number of positions of Council Member;

c)     the length of the term of office of Council Members;

d)    the method of electing Council Members;

e)     the basis on which one of the Council Members shall hold the office of Chief;

f)     the basis on which one of the Councillors shall hold the office of deputy chief;

g)     nomination procedures;

h)    election method and procedure; and

i)      the recording and certification of election results.

A law made under this section, or any amendment thereto or repeal thereof,

a)     does not come into force until it has been approved by the Electors of the Cree First Nation at a Special Meeting or Referendum at which at least twenty per cent of the Electors voted on the matter, and

b)    applies only in respect of elections called after its coming into force.

B.    ELECTION RULES APPLICABLE WHERE NO ELECTION LAW IS IN FORCE

The election rules set out in Part II of Appendix A apply to all elections of a Cree First Nation, but those set out in Part I of Appendix A apply only where, at the time of the calling of the election of a Cree First Nation, there was not in force an election law made by the Cree First Nation.

C.   ELIGIBILITY TO BE ELECTED AND TO SERVE AS COUNCIL MEMBER

 

Any Elector of a Cree First Nation is eligible to be elected to the office of Council Member of that Cree First Nation unless he

a)     has been convicted of contravening a provision of Part II of Appendix A within the two-year period preceding the date fixed for the holding of the election for that office or, where the most recent election for that office took place before that two-year period, in respect of the most recent election for that office;

b)    has been appointed as a Returning Officer or as a Deputy or Assistant Returning Officer in respect of the election for that office;

c)     is the secretary of the Cree First Nation or treasurer of the Cree First Nation;

 

d)    is a judge to which the Judges Act applies or is a Crown prosecutor; or

 

e)     is, on the day fixed for the holding of the election for that office, undergoing a term of imprisonment as a result of having been convicted of an indictable offence.

Apart from general elections, an office of Council Member becomes vacant immediately on the occurrence of one of the following events, and only the following events:

 

a)     the election of the office-holder to that office is declared invalid;

b)    the office-holder

 

      i.         dies or submits his resignation in writing to the Council,

     ii.         is convicted of contravening a provision of Part II of Appendix A,

   iii.         is appointed Cree First Nation secretary or Cree First Nation treasurer,

   iv.         is appointed a judge to which the Judges Act applies or a Crown prosecutor,

c)     commences a term of imprisonment as a result of having been convicted of an indictable offence, or

d)    is declared mentally incompetent in accordance with the laws of the Province;

e)     the office-holderŐs term of office expires pursuant to this Constitution, a law made under this section or the election rules provided in Part I of Appendix A;

f)     the office is declared vacant.


Where a Council Member has, without permission from the Council, been absent from three or more consecutive Council meetings otherwise than by reason of illness or incapacity, any fifteen Electors of the Cree First Nation may file a petition with the Cree First Nation secretary requesting that a special Cree First Nation meeting be convened for the purpose of deciding whether the office of that Council Member should be declared vacant.


Forthwith after the filing of the said petition, the Cree First Nation shall call a Special Meeting, to be held as soon as possible, for the purpose of deciding whether the office of the Council Member in question should be declared vacant, and if, with at least twenty per cent of the Electors of the Cree First Nation voting on the question, the Special Meeting decides that that office should be declared vacant, that office thereupon becomes vacant.

 

D.   RETURNING OFFICERS

 

Each Cree First Nation shall appoint a person who is not a Council Member of that Cree First Nation as Returning Officer and shall fix his tenure and term of office.

The Returning Officer of each Cree First Nation shall appoint a Deputy Returning Officer and may appoint such Assistant Returning Officers as are necessary to assist him in the performance of his duties.

Where the Returning Officer of a Cree First Nation is absent or incapacitated or the office of Returning Officer is vacant, the Deputy Returning Officer of the Cree First Nation has and may exercise all the powers and duties of the Returning Officer.

In the event of the absence or incapacity of both the Returning Officer and the Deputy Returning Officer of a Cree First Nation or if both such offices are vacant, the Cree First Nation secretary has and may exercise all the powers and duties of the Returning Officer of the Cree First Nation.

A person is not eligible to be appointed a Returning Officer or a Deputy or Assistant Returning Officer if he

a)     is not of the age of majority under the laws of the Province;

b)    is undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or

c)     has, at any time, been convicted of contravening a provision of Part II of Appendix A.

A Returning Officer or Deputy or Assistant Returning Officer ceases to hold office forthwith if he

a)     is convicted of contravening a provision of Part II of Appendix A;

b)    commences a term of imprisonment as a result of having been convicted of an indictable offence; or

c)     is declared mentally incompetent under the laws of the Province.

E.    CALLING OF ELECTIONS

Where a general election of a Cree First Nation is held, the term of office of every Council Member expires on the day of that general election.

A Cree First Nation may hold a general election at any time.

Any ten Electors of a Cree First Nation may file a petition with the Cree First Nation secretary requesting that a Special Meeting be convened for the purpose of deciding whether a general election of the Cree First Nation should be held.

However, petition may not be filed within one year after the previous general election or within one year after the filing of the most recent valid petition.

Within ten days after the filing of a valid petition under this section, the Cree First Nation shall call a Special Meeting, to be held as soon as possible, for the purpose of deciding whether a general election of the Cree First Nation shall be held, and if, at that Special Meeting,

a)     at least fifty per cent of the Electors of the Cree First Nation vote on that question,

b)    the majority of those voting vote in favour of holding a general election, and

c)     the said majority consists of at least one-third of the total number of Electors of the Cree First Nation, the Cree First Nation shall forthwith hold a general election.

A Cree First Nation shall hold an election for a position of Council Member forthwith after the expiration of the term of office of that Council Member.

Where a position of Council Member becomes vacant more than six months before the expiration of the term of office of that Council Member, the Cree First Nation shall forthwith hold an election for that position.

Where a position of Council Member becomes vacant less than six months before the expiration of the term of office of that Council Member, the Cree First Nation may hold an election for that position.

Where a position of Council Member becomes vacant less than six months before the expiration of the term of office of that Council Member, and that vacancy results in there being in office less than the number of Council Members required to constitute a quorum, the Cree First Nation shall, unless it holds an election for that position or a general election, hold an Ordinary Meeting within ten days for the purpose of appointing a sufficient number of Council Members to restore the quorum. The appointment of said Council Members shall be made by a vote of the Electors of the Cree First Nation. A Council Member appointed remains in office for the balance of the term in respect of which the vacancy occurred.

Where a Cree First Nation fails to hold a general election or an election to fill a vacant seat of the Council within ten days after its obligation to do so has arisen, the Returning Officer of the Cree First Nation shall hold the election in question.

Where a Cree First Nation fails to hold an election or a Special Meeting to appoint a sufficient number of Council Members to restore a quorum within ten days after its obligation to do so has arisen, the Returning Officer of the Cree First Nation shall hold the election or Special Meeting in question.

F.    CONTESTATION OF ELECTION RESULTS

Any candidate for election as Council Member of a Cree First Nation or any fifteen Electors of a Cree First Nation may, within five days of the day of any election held by that Cree First Nation, contest the election of any Council Member or Council Members elected thereat by submitting to the Returning Officer of the Cree First Nation a written notice to that effect.

The election of a Council Member may be contested on the grounds that

a)     a provision of Part II of Appendix A was contravened in respect of the election of that Council Member, whether or not anyone has been prosecuted or convicted for such contravention;

b)    there was non-compliance with this Constitution, a law respecting the election and term of office of Council Members made pursuant to the Governance Agreement and this Constitution or a provision of Part I of Appendix A in respect of the election of that Council Member; or

c)     the person elected Council Member was ineligible to be elected to that office.


On receipt of the said notice to contest the election, the Returning Officer shall, within two weeks, prepare and submit to a judge of the Provincial Court or Superior Court of Québec a petition in prescribed form setting out the name of the person or persons whose election is being contested, the name of the person or persons contesting the election and the grounds on which the election is being contested.


The said petition must be accompanied by a deposit of two hundred dollars which shall be refunded to the person or persons contesting the election forthwith after the judge has made a decision on the petition, whether or not the judge declares the election invalid.


However if the judge is of the opinion that the petition was not made in good faith, he may order the deposit forfeited and, where he so orders, the moneys forfeited shall be applied toward the cost of the court proceedings.


The judge shall inquire into the correctness of the allegations contained in the petition, and for such purposes may exercise all the powers of a commissioner under Part I of the Inquiries Act.


Where, after hearing the petition, the judge is satisfied, in respect of the election of one or more Council Members whose election has been contested, that a ground for contestation contained in the petition has been established and that, in the case of the grounds described in this section, the offence or non-compliance materially affected the result of the election, he shall declare invalid the election of the

Council Member or Council Members in respect of whose election he is so satisfied.


The election of any particular Council Member cannot be contested a second time on the same ground in respect of the same election.


A Council Member whose election is contested under this section is entitled to remain in office until such time as the judge has declared his election invalid under this section.

 

CHAPTER 6 – MEETINGS AND REFERENDA OF THE CREE FIRST NATION

Only Electors of the Cree First Nation have a right to attend its Ordinary Meetings and Special Meetings, but other persons may attend with the permission of the Cree First Nation.

In addition to any other rights relating to the use of the Cree language, a Cree First Nation may conduct Ordinary Meetings, Special Meetings and Referenda in the Cree language.

Each Elector of a Cree First Nation is entitled to vote in respect of any matter submitted to a vote at an Ordinary Meeting, Special Meeting or Referendum of that Cree First Nation.

A.    ORDINARY MEETINGS

 

A Cree First Nation shall hold at least one Ordinary Meeting each calendar year.


A Cree First Nation may make laws respecting Ordinary Meetings, including laws respecting the calling of meetings, the conduct of meetings, quorums, voting, and the preparation and keeping of records of votes taken.

B.    SPECIAL MEETINGS AND REFERENDA

Except as provided in this Constitution and subsection 13.4(1) of the Governance Agreement, a matter shall be deemed to have been approved by the Electors of a Cree First Nation at a Special Meeting or Referendum if

a)     the required minimum percentage of Electors voted on the matter; and

b)    the majority of those voting voted in favour of the matter.

In any vote at a Special Meeting or Referendum, an Elector who does not cast an affirmative vote or a negative vote or who spoils his ballot shall be deemed not to have voted.

Where a Cree First Nation wishes to hold a Special Meeting or a Referendum, it shall cause to be posted in a public place in the community, at least ten days prior to the date fixed for such meeting or Referendum, a notice specifying the date, time and place of the Special Meeting or Referendum and containing a brief description of the matters to be decided at that Special Meeting or Referendum.

A presiding officer shall be appointed by the Cree First Nation for any Special Meeting or Referendum.

A presiding officer appointed is responsible for the fair and orderly conduct of the Special Meeting or Referendum, and for the preparation of a statement, attested to by at least one witness, certifying the results of the Special Meeting or Referendum.

The presiding officer may take such measures as are necessary to ensure the fair and orderly conduct of a Special Meeting or Referendum.

The presiding officer may engage such other persons as are necessary to assist him in carrying out his duties.

A Cree First Nation may make laws respecting Special Meetings and Referenda, including laws respecting the calling of meetings and referenda, the conduct of meetings and referenda, voting at meetings and in referenda, and the preparation and keeping of records of votes taken.

Where a provision of this Constitution stipulates that a matter requires the approval of the Electors of a Cree First Nation at a Special Meeting or Referendum at which a specified minimum percentage of the Electors must vote on the matter, the Cree First Nation may make laws fixing a different minimum percentage, not lower than that specified in the relevant provision of this Constitution.

However, the said law requires the approval of the Electors of the Cree First Nation at a Special Meeting or Referendum at which the same minimum percentage of Electors voted on the matter as the minimum specified in the relevant provision of this Constitution referred to in that subsection.

Non-compliance with a law made under that previous paragraph does not affect the validity of the result of a vote unless such non-compliance materially affected that result.

CHAPTER 7 – FINANCIAL ADMINISTRATION OF CREE FIRST NATIONS

 

A.    FISCAL YEAR

The fiscal year of a Cree First Nation begins on April 1 of each year and ends on March 31 of the following year, unless otherwise provided by a law of the Cree First Nation made pursuant to this section.

A Cree First Nation may, by law,

a)     adopt a fiscal year different from that provided for in the first paragraph; or

b)    where the Cree First Nation has adopted a different fiscal year, revert to the fiscal year provided for in the first paragraph.

Where a law is made, the fiscal year provided for in the law cannot commence until after the end of the fiscal year in which the law came into force.

Where a law is made, the period between the end of the fiscal year in which the law came into force and the commencement of the fiscal year provided for in the law shall be deemed to be a separate fiscal year for the purposes of this Chapter 7.

B.    BUDGET, EXPENDITURE AND COMMITMENTS

A Cree First Nation shall, by resolution, prior to the beginning of each fiscal year, adopt a budget for that fiscal year, and may, if it deems necessary in the course of the fiscal year, adopt supplementary budgets for that fiscal year.

Forthwith after adopting a budget or supplementary budget, a Cree First Nation shall

a)     explain the budget or supplementary budget to the Members of the Cree First Nation at an Ordinary Meeting;

b)    make a copy thereof available at the head office of the Cree First Nation, for inspection by Members of the Cree First Nation at reasonable hours; and

c)     send a copy of it to the Cree Nation Government.

Where a Cree First Nation fails to adopt a budget for a fiscal year prior to the beginning of that fiscal year, the budget and any supplementary budgets of the previous fiscal year apply until a new budget is adopted.

A Cree First Nation may make laws respecting the preparation and implementation of budgets.

A Cree First Nation may not expend moneys or commit itself, by contract or otherwise, to expend moneys, unless

1.     (a)  such expenditure is authorized by or under a law or resolution; and

2.     (b)  a certificate is issued by the treasurer stating that moneys are available for such expenditure.

C.   BOOKS OF ACCOUNT AND FINANCIAL RECORDS

 

A Cree First Nation shall keep books of account and financial records that

a)     contain, as a minimum,

      i.         an account of all moneys received and disbursed,

     ii.         an account of revenues and expenditures,

   iii.         a record of accounts payable and receivable,

   iv.         an account of assets and liabilities, and

     v.         an account of all other transactions that may affect the financial position of the Cree First Nation;

b)    conform with generally accepted accounting principles; and

c)     permit a comparison between

      i.         revenues and expenditures as shown in the books of account and financial records, and

     ii.         the projected revenues and expenditures as shown in the budget and any supplementary budget.

A Council Member or Elector of a Cree First Nation, or any person authorized in writing by a Council Member or Elector of a Cree First Nation or by the Cree Nation Government, may, at any reasonable time, inspect the books of account and financial records of the Cree First Nation, and a person who

a)     obstructs that person; or

b)    having control or possession of those books or records, fails to give all reasonable assistance to that person, is guilty of an offence and is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both.

Within two months after the end of each fiscal year, a Cree First Nation shall prepare a financial statement in comparative form, containing, as a minimum,

a)     a balance sheet;

b)    a statement of revenues and expenditures and a comparison of these with the amounts stated in the Cree First NationŐs budget and any supplementary budget; and

c)     any other information necessary for a fair presentation of the financial position of the Cree First Nation.

D.   AUDIT

For each fiscal year, the Electors of a Cree First Nation shall, at a Special Meeting or Referendum at which at least five per cent of the Electors voted on the matter,

a)     appoint a duly accredited auditor and fix or provide for his remuneration; or

b)    authorize the Council to appoint a duly accredited auditor and to fix or provide for his remuneration.

Where no auditor has been appointed within three months after the beginning of a fiscal year, the Cree Nation Government may appoint an auditor for that fiscal year and fix his remuneration.

The auditor appointed holds office until he is re- appointed, or a new auditor is appointed.

Where a vacancy occurs during the term of the auditor, the Cree First Nation shall forthwith appoint a new auditor for the remainder of the term of the former auditor and shall fix the new auditorŐs remuneration.

If a Cree First Nation fails to appoint a new auditor to fill a vacancy, the Cree Nation Government may appoint a new auditor and fix that auditorŐs remuneration.

The Cree Nation Government shall inform the Cree First Nation in writing of the appointment.

In all cases the auditorŐs remuneration shall be paid by the Cree First Nation.

The auditor shall, within four months after the end of the Cree First NationŐs fiscal year, prepare and submit to the Cree First Nation (with a copy to the Cree Nation Government) a report on the Cree First NationŐs financial statement, stating whether, in the opinion of the auditor, the financial statement presents fairly the financial position of the Cree First Nation in accordance with generally accepted accounting principles applied on a basis consistent with that applied in the previous fiscal year.

If the auditor has not been able to prepare the report within the said period, the auditor shall notify the Cree First Nation and the Cree Nation Government of the reasons for the delay.

A Cree First Nation shall present and explain the auditorŐs report to the Members of the Cree First Nation at an Ordinary Meeting.

A Cree First Nation shall make a copy of the auditorŐs report available at the head office of the Cree First Nation, for inspection by its Members at reasonable hours.

For the purpose of preparing his report, the auditor may at all reasonable times inspect the financial records, accounts, books, minutes vouchers and receipts of the Cree First Nation, its subsidiaries and any person or body who administers money on behalf of the Cree First Nation (in so far as the records or other documents relate to the money being administered on behalf of the Cree First Nation), and any person who

a)     obstructs the auditor in the performance of his duties, or

b)    having control or possession of any such documents, fails to give the auditor all reasonable assistance in the performance of his duties is guilty of an offence and is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both.

E.    FINANCIAL ACCOUNTABILITY

Within 180 days after the end of each fiscal year, a Cree First Nation shall distribute free of charge to all its Electors, or publish in a community newspaper, a summary report of the financial position of the Cree First Nation dealing with the following elements:

a)     latest audited financial statements;

b)    auditorŐs latest report;

c)     the remuneration that each Council Member receives from the Cree First Nation and its subsidiaries

F.    BORROWING POWERS OF CREE FIRST NATION

A Cree First Nation may not borrow money on either a short-term or long-term basis otherwise than in accordance with this section.

For the purposes of this section,

a)     money shall be deemed to be borrowed on a short-term basis only if

(i)             it is borrowed for the purpose of meeting the normal operating expenditures of the Cree First Nation,

(ii)           it is to be repaid within one year from the day on which it is borrowed, and

(iii)          the Cree First Nation has, prior to borrowing the money, identified the source of revenue from which the money is to be repaid; and

b)    all borrowing that is not on a short-term basis shall be deemed to be on a long- term basis.

Where a source of revenue has been identified, moneys received by the Cree First Nation from that source shall be applied to the repayment of the loan in question.

Each borrowing by a Cree First Nation, whether on a short-term basis or on a long-term basis, must be authorized by a law of the Cree First Nation, which law must specify

a)     the amount to be borrowed and the purpose of borrowing; and

b)    the manner and terms of repayment and the repayment date or dates.

In addition to the information required, a law authorizing a long-term borrowing shall specify the following:

a)     the name and address of the lender;

b)    the interest, commissions, premiums and other similar costs related to the long- term borrowing;

c)     the source of revenue and the portion of the revenue from that source from which the long-term borrowing is to be repaid and the costs related thereto are to be paid; and

d)    the security, if any, given by the Cree First Nation for the repayment of the long- term borrowing and the payment of the costs related thereto.

A Cree First Nation shall apply sufficient moneys from the revenue received from the source specified to repay the long-term borrowing and to pay the costs related thereto.

No Council Member, officer, employee or agent of the Cree First Nation shall knowingly apply or assist in the application of any moneys received by the Cree First Nation from the portion of the revenue specified for the repayment of a long-term borrowing and the payment of the costs related thereto to anything other than the repayment of the long-term borrowing and the payment of the costs related thereto prior to the time the long-term borrowing is repaid and the costs related thereto are paid.

Every person who contravenes the prohibitions described in the previous paragraph commits an offence and is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both.

G.   CONTRACTS

A Cree First Nation may make laws respecting procedures for the awarding of contracts and the calling of tenders in relation thereto, and such laws may take into account the preferential contract and employment benefits for Cree beneficiaries contained in the JBNQA or established pursuant to the JBNQA.

 

 

H.   APPOINTMENT OF ADMINISTRATOR

If, as a result of an inspection by the Cree Nation Government or a person authorized by the Cree Nation Government, the auditorŐs report, or any non-compliance with the provisions of this Chapter 7, the Cree Nation Government is of the opinion that the financial affairs of a Cree First Nation are in serious disorder, the Cree Nation Government may give written notice to the Cree First Nation of its intention to appoint an administrator to administer the financial affairs of the Cree First Nation, setting out the reasons for so doing.

Where a Cree First Nation receives a said written notice, it shall forthwith take corrective measures to remedy the situation referred to in the notice.

At any time between 60 days and one year after giving a said notice to the Cree First Nation, the Cree Nation Government may, if the Cree Nation Government is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, by order, an administrator to administer the financial affairs of the Cree First Nation, and the order shall set out the duties of the administrator. The Cree Nation Government shall send a copy of the order without delay to the Cree First Nation.

Where an administrator has been appointed, no person shall expend moneys of the Cree First Nation without the consent of the administrator, and any person who violates this section is guilty of an offence and is liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both.

The administrator appointed pursuant holds office for a term of four months from the date of his appointment.

At the expiration of the administratorŐs term of appointment, the Cree Nation Government may, where it is of the opinion that the financial affairs of the Cree First Nation continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further period not exceeding four months.

CHAPTER 8 – INTERNAL APPEAL AND REDRESS MECHANISM

Each Cree First Nation shall establish a mechanism for internal appeal and redress in respect of decisions taken pursuant to the Governance Agreement.

CHAPTER 9 – ACCESS TO INFORMATION

Each Cree First Nation shall establish procedures in respect of access to information in its custody or control in relation to the exercise of its Jurisdictions and Authorities set out in the Governance Agreement.

 

 

PART III – CREE NATION GOVERNMENT

 

CHAPTER 10 – OBJECTS OF CREE NATION GOVERNMENT REFARDING CATEGORY IA LAND

The objects of the Cree Nation Government regarding Category IA Land are set out in the Governance Agreement.

CHAPTER 11 – PROCEDURE FOR MAKING LAWS

A law of the Cree Nation Government in respect of a Jurisdiction set out in the Governance Agreement shall be made by means of the adoption, at a public meeting convened in accordance with An Act respecting the Cree Nation Government, as amended from time to time, of a resolution supported by a majority of all of the members of the council of the Cree Nation Government.

Within one week after a law has been made by the council of the Cree Nation Government, the secretary of the Cree Nation Government shall ensure that a copy of the law is posted on the Cree Nation GovernmentŐs website and at a public place designated by the Cree Nation Government on the Category IA Land of each Cree First Nation.

The law comes into force on the day on which it is posted on the Cree Nation GovernmentŐs website, whether or not it is posted within the time set out in the first paragraph, or on any day, subsequent to the day on which it is posted, that may be specified in the law.

The secretary of the Cree Nation Government shall maintain a register of laws made by the council of the Cree Nation Government in which shall be kept the original copy of those laws, including laws that have been repealed or are no longer in force.

The secretary of the Cree Nation Government shall, in respect of every resolution to make a law that is adopted by the council of the Cree Nation Government, record the full text of the resolution and the result of the vote in the minutes of the meeting at which it was adopted.

Non-compliance with this section does not affect the validity of the law or resolution.

Any person is entitled to obtain a copy of a law or resolution of the Cree Nation Government on payment of any reasonable fee that is fixed by the Cree Nation Government.

CHAPTER 12 – INTERNAL APPEAL AND REDRESS MECHANISM


The Cree Nation Government shall establish a mechanism for internal appeal and redress in respect of decisions taken pursuant to the Governance Agreement.


CHAPTER 13 – ACCESS TO INFORMATION

 

The Cree Nation Government shall establish procedures in respect of access to information in its custody or control in relation to the exercise of its Jurisdictions and Authorities set out in the Governance Agreement.

 

CHAPTER 14 – MATTERS ADDRESSED IN AN ACT RESPECTING THE CREE NATION GOVERNMENT

The rules governing the following matters referred to in paragraph3.1(b) of the Governance Agreement are addressed in the Act respecting the Cree Nation Government:

a)     political accountability of leaders to their members;

b)    conflict of interests;

c)     public consultations and voting.

 

PART IV – FINAL PROVISIONS

 

CHAPTER 15 – RATIFICATION AND COMING INTO FORCE

This Constitution shall be approved and ratified in accordance with the provisions of Chapter 31 of the Governance Agreement.

This Constitution shall come into effect and be legally binding at the same time as the Governance Agreement.

The secretary of the Cree Nation Government shall keep the original copy of this Constitution, including any amendments to it made pursuant to Chapter 16, in the register of laws of the Cree Nation Government.

Non-compliance with this section does not affect the validity of this Constitution or any amendments to it.

Any person is entitled to obtain a copy of this Constitution, including any amendments to it, on payment of any reasonable fee that is fixed by the Cree Nation Government.

CHAPTER 16 – AMENDMENTS

This Constitution may be amended from time to time in accordance with the following procedure:

An amendment to this Constitution shall be initiated by a resolution adopted by the council of the Cree Nation Government.

Upon adoption of the said resolution, the Cree Nation Government shall develop a draft amendment to this Constitution.

After the draft amendment has been developed by the Cree Nation Government, the Cree Nation Government shall:

make available to the Crees, or publish in English and Cree in newspapers or other media deemed appropriate by the Cree Nation Government, the draft amendment;

post a copy of the draft amendment on the Cree Nation GovernmentŐs website and at a public place designated by the Cree Nation Government on the Category IA Land of each Cree First Nation;

      i.         provide a reasonable number of hard copies of the draft amendment for distribution to the Crees upon request;

     ii.         broadcast in Cree and English on the community radio stations information on the draft amendment; and

   iii.         such other activities as determined by the Cree Nation Government.

Upon completion of the activities mentioned in previous paragraph, approval and ratification of the amendment requires the adoption by the Cree Nation Government, the Grand Council of the Crees (Eeyou Istchee) and each of the Cree First Nations of a resolution approving the amendment.

The said resolution of the Cree Nation Government, the Grand Council of the Crees (Eeyou Istchee) and each of the Cree First Nations:

      i.         shall be submitted to the council of the Cree Nation Government, the board of directors of the Grand Council of the Crees (Eeyou Istchee) and the Council of each of the Cree First Nations, at a meeting of such council and board open to the public; and

     ii.         shall require, to be approved, the affirmative votes of the majority of the council or board members present when the vote is taken.

Within one week after an amendment has been approved and ratified, the secretary of the Cree Nation Government shall ensure that a copy of the amendment is posted on the Cree Nation GovernmentŐs website and at a public place designated by the Cree Nation Government on the Category IA Land of each Cree First Nation.

The amendment shall come into effect on the day on which it is posted on the Cree Nation GovernmentŐs website, whether or not it is posted within the time set out in the previous paragraph, or on any day, subsequent to the day on which it is posted, that may be specified in the amendment.

CHAPTER 17 – INTERPRETATATION

 

Chapter 17 defines certain words and phrases used in the Constitution of the Cree Nation of Eeyou Istchee.

 

 

APPENDIX A – ELECTION RULES

 

PART I - CREE FIRST NATION ELECTIONS – APPLICABLE WHERE NO ELECTION LAW OF A CREE FIRST NATION IS IN FORCE

PART II - OFFENCES – APPLICABLE TO ALL CREE FIRST NATION ELECTIONS

SCHEDULE I – NOTICE OF ELECTION

SCHEDULE II – WRITTEN NOMINATION

SCHEDULE III – NOTICE OF POLL

SCHEDULE IV – BALLOT (CHIEF)

SCHEDULE V – BALLOT (COUNCILLOR)

SCHEDULE VI – POLL REPORT

SCHEDULE VII – REPORT OF ELECTION RESULTS

SCHEDULE VIII – PETITION FOR CONTESTATION