Discussion paper
prepared by the Cree-Naskapi Commission
in Collaboration
with Elder Dr. Joseph Jolly
Role, Membership
and Place of Elders and Elders’ Councils in the Eeyou/Eenou Nation and
Communities of Eeyou Istchee
Introduction and
Background
Over the past
fifty (50) years of the collective lives and history of the Eeyou/Eenou of Eeyou Istchee, dramatic and drastic
changes have happened to the Eeyou/Eenou way of life, lands, resource
development, economies, health, education, communities, culture, governance and
relations with the outside world.
The 1975 James Bay and Northern Quebec Agreement (JBNQA) arose out of the political and legal actions of the Eeyou/Eenou of
Eeyou Istchee, in the early 1970s, 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/Eenou. 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/Eenou whose lands and way of life would
be seriously impacted by the gigantic hydroelectric development project. In
July 1972, the Eeyou/Eenou initiated legal proceedings against the James Bay
Hydroelectric Development Project. The
litigation initiated by the Eeyou/Eenou resulted, by a treaty process, in a
negotiated land claim settlement respecting the rights of Eeyou/Eenou and
development of natural resources including a modified hydroelectric development
project in Eeyou Istchee. For Eeyou/Eenou, the treaty process was the path
chosen to further the process of nation-building, secure recognition and
protection of Eeyou/Eenou rights such as self-governance and redefine
relationships with Canada and Quebec.
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.
In the court proceedings, the Elders as hunters and Indoh-hoh Ouje-Maaouch (Tallymen) were instrumental in telling
the Judge about the Eeyou/Eenou strong bond with the land, traditional way of
life based on hunting and fishing and related activities, Eeyou//Eenou culture
and history.
Throughout 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, the Elders of
the Eeyou/Eenou communities spoke about the essential need and fundamental
importance of Eeyou/Eenou Eedouwun for the Eeyou/Eenou of Eeyou Istchee.
The Eeyou/Eenou Eedouwun that the Elders spoke about centers around the Eeyou/ Eenou homeland called
Eeyou Istchee which is comprised of Eeyou/Eenou Indoh-hoh Istchee (traditional
and historical family hunting territories). The Elders spoke about the
Eeyou/Eenou homeland as a vast land of animals, fish, birds, forests,
rivers and lakes where hunting and fishing are essential components of the lives
and culture of the Eeyou/Eenou. For the Eeyou/Eenou of Eeyou Istchee,
hunting and fishing is far more than the pursuit of fish and game. The presence
of Nature everywhere brings great blessings on the people. Consequently, the
Eeyou/Eenou 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/Eenou maintain a strong bonding relationship with their land – its
waters, its forests, its plants, its animals, its fish, its spirit– and what the
people have become as a result – that’s part of the nature of being Eeyou/Eenou.
According to the Elders, the centrality of Eeyou
Istchee forms the foundation of Eeyou/Eenou 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/Eenou … a distinct people.
The aforementioned matters form the principal elements
of Eeyou/Eenou 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.
The Elders and Eeyou/Eenou Eedouwun have definitely
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.
Consequently, to a large
extent, the spirit and intent of the James Bay and Northern Quebec Agreement, is to
preserve, maintain and continue Eeyou/Eenou Eedouwun.
The Eeyou/Eenou of
Eeyou Istchee, came from a dreadful and formidable past of poverty, cultural
annihilation and powerlessness as a direct result of many oppressive factors
such as unjust laws, policies and actions such as assimilation, colonialism and
dispossession of lands, denial of rights and the politics of exclusion and
racism by governments, industries and certain sectors of contemporary society.
Therefore, after 1975, through the implementation of the James Bay and Northern Quebec Agreement, the Eeyou/Eenou of Eeyou Istchee commenced the
process of
rebuilding the Eeyou/Eenou Nation and establishing and maintaining
reconciliation with contemporary society, industries and governments.
For the Eeyou/Eenou of Eeyou Istchee,
amongst other goals, the process of nation-rebuilding 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/Eenou way of life. It involves establishing
and maintaining institutions of self-government and economic development that
are culturally appropriate to the Eeyou/Eenou and that are
effective in addressing the nation’s challenges and needs.
Few people realize
that the proper implementation of the James
Bay and Northern Quebec Agreement is a decolonization process which
involves nation-building and nation rebuilding in accordance with the will and
aspirations of the Eeyou/Eenou of Eeyou Istchee. In this process, the
Eeyou/Eenou are already well on their way to restoring their governance systems
and institutions and recapturing their cultural integrity and sense of
historical identity.
However, the journey for nation-building continues and will continue for
many generations to reclaim and restore governance, culture, language, way of
life and other forms of Eeyou Eedouwun in a manner
that develops and sustains Eeyou/Eenou society that works – economically,
socially, culturally and politically.
This process and
journey for nation-building will continue with the present and future
generations of the Eeyou/Eenou of Eeyou Istchee.
The Elders and Elders’ Councils of Eeyou Istchee can
and should be involved, in a positive and meaningful manner, in the process of rebuilding
and resurgence of the Eeyou/Eenou Nation. From the Eeyou/Eenou perspective, the
Elders can best explain the spirit and intent of the James Bay and Northern Quebec Agreement as far as Eeyou/Eenou Eedouwun is concerned. After all, while the James
Bay and Northern Quebec Agreement is
written in English and French, it was produced, presented and explained in the
Eeyou/Eenou language by the Eeyou/Eenou leaders and negotiators and accepted in
the Eeyou/Eenou language by the Eeyou/Eenou of Eeyou Istchee.
A fundamental and important example is the evolution of the term
“Authority” to “Government’ in the negotiations and implementation of the
JBNQA. The Cree Regional Authority was established in 1978 pursuant to the
JBNQA. It eventually became the Cree Nation Government in 2014 as a result of
the Cree-Quebec and Canada New Relationship and Governance Agreements. Before the 1975 JBNQA and up to the present
day, the Elders and members of the Eeyou/Eenou Nation and communities have always
used the term “Eeyou Tapayatachehsoo” which means Cree
Government. This particular Eeyou term best explains the intent and spirit of
the JBNQA as far as Eeyou/Eenou Eedouwun respecting Eeyou/Eenou governance is concerned.
Pursuant
to its duty to prepare a report to Parliament, the Cree-Naskapi Commission has,
from 1986 to 2018, produced a total of 16 (sixteen) Biennial Reports. In order
to produce these reports, the Commission has held special implementation
hearings to provide an opportunity for
the representatives of the Eeyou/Eenou and Naskapi Nations and the Government
of Canada to express their concerns and to discuss their issues. Elders from
the Eeyou/Eenou and Naskapi communities were present in these special implementation
hearings to express their concerns.
The Commission has
also heard from Eeyou/Eenou individuals about the role and place of Elders in
the Eeyou/Eenou society.
Therefore, the
Cree-Naskapi Commission has decided to produce the present discussion paper on
the role, membership and place of Elders and Elders’ Councils in the
Eeyou/Eenou Nation and Communities of Eeyou Istchee.
Who Are the Elders?
According
to the results of a workshop conducted by Dr. Joseph Jolly with the Elders of
the Waskaganish First Nation, “the
term “Elder” commonly refers to an older person or a senior. An elder is a
person with wisdom, life experiences, and traditional knowledge to pass on to
future generations. This includes childrearing skills, traditional life skills,
hunting, culture and language.”
“Elders are the people who are the cornerstone of our
culture as they are the keepers and teachers of traditional teachings. They are
the link with our past, our present and our future. They are spiritual leaders
and teachers but also have the wisdom and the experience to provide very
pragmatic guidance and advice on how best to improve and ensure the physical,
mental and spiritual health of our community.” (Native Canadian Centre of
Toronto, 1986)
Elders
are gifted with wisdom. They act as advisors and assist in the resolution of disputes.
They are models of acceptable behavior. Elders should be teachers of the
children and young people in the Eeyou/Eenou communities.
“Elders are
respected and cherished individuals who have amassed a great deal of knowledge,
wisdom and experience over the period of many, many years. They are individuals
who have also set examples, and have contributed
something to the good of others. Elders are generally, although not
exclusively, older members of the community. They have lived long and seen the
seasons change many times. Elders were the ones who had already walked a great
distance on the path of life and were qualified to advise based on their
knowledge of life, tradition and experience.
Elders have special gifts. They are
considered exceptionally wise in the ways of their culture and the teachings of
the Great Spirit. They are recognized for their wisdom, their stability, and
their ability to know what is appropriate in a particular situation. The community looks to them for guidance and
sound judgement. They are caring and are known to share the fruits of their
labours and experience with others in the community.” (Report of the Royal
Commission on Aboriginal People – Volume 4 – Perspectives and Realities)
Elders are
keepers of tradition, guardians of culture, the wise people, the teachers. In
the Eeyou/Eenou community, Elders are known to safeguard knowledge that
constitutes the unique inheritance of the Eeyou/Eenou nation. They are revered and
respected. While most of those who are wise in traditional ways are old, not
all old people are elders, and not all elders are old.
Elders can be men or women.
According
to the Elders of Waskaganish, to qualify as an Elder, an individual should be:
o
fifty-five years or older,
o
of sound mind and reasonable,
o
mentally and emotionally stable,
o
humble and wise,
o
self-controlled and not quick-tempered,
o
tactful and diplomatic,
o
honest and truthful,
o
vocal about social issues in the community,
o
sociable and approachable,
o
a role model for everyone,
o
an educator,
o
an advisor recognized for their wisdom,
o
a good communicator,
o
confident in themselves and not shy,
o
able to maintain confidentiality, and
o
a good
listener,
In addition, an Elder is someone:
o
of good moral character,
o
with good moral values,
o
with good interpersonal relationship
skills,
o
with integrity,
o
with good leadership skills,
o
with good conflict-resolution skills,
o
with vision,
o
with good decision-making abilities,
o
who has knowledge of traditional life
skills, values, child rearing, hunting, culture, customs, and language,
o
who takes action,
o
who is wise,
o
who knows how to resolve problems,
o
who understands spiritual principles,
o
who respect others,
o
who shares with others,
o
who helps others,
o
who knows and respects Eeyou/Eenou Eedouwun, and
o
who, most of all, will care and show compassion
to all people.
A person with such qualifications is acknowledged and
recognized as an Elder by Elders and other members of the Eeyou/Eenou community
of Eeyou Istchee.
Elders’ Councils
The Eeyou/Eenou of Eeyou
Istchee have a regional Elders’ Council and the Eeyou/Eenou communities have a
local Elders’ Council.
Elders’
Councils are comprised of elected or appointed members if they meet the
prerequisites of the Eeyou/Eenou governing authority and/or recognized as
Elders by the members of the Eeyou/Eenou community.
As an
example, the members of the Elders’ Council of the Crees of the Waskaganish
First Nation are nominated and elected by members of the community for a
three-year term and in Ouje-Bougoumou the members of the local Elders’ Council
are appointed by the Chief and Council.
There
has been a case where an Elder was a member of the Council of the local
governing authority and also a member of the local Elders’ Council. This
particular situation does not appear appropriate and raises the question of
membership of the Elders’ Council.
Elders
are sometimes called upon to advise the Chief and Council of the local
governing authority and the Grand Chief and Council of the regional governing
authority. But generally the governing authorities are
making decisions that impact Eeyou/Eenou of Eeyou Istchee without counsel from
the Elders.
Elders
are also called upon to counsel in local and regional general assemblies of the
Eeyou/Eenou Nation.
Elders
also perform certain ceremonies for local, regional or special events and
occasions.
The
Assembly of First Nations has a Council of Elders. The role and function of
this Council of Elders is, in essence, non-political and advisory in nature and
scope.
The
mission of the Elders’ Council of the Crees of the Waskaganish First
Nation is “to support, advise, counsel,
and educate the members of the Crees of the Waskaganish First Nation on the
concerns and issues that arise within the community and traditional territory
of the Crees of the Waskaganish First Nation, by utilizing their traditional
knowledge to strengthen and preserve Cree traditional customs, culture, language
and spiritual values through education and leadership.” (Mission Statement of
the Elders’ Council of the Crees of the Waskaganish First Nation).
However,
Elders and Elders’ Councils have not been given a meaningful role in the
political and social development of the Eeyou/Eenou community and Nation.
Furthermore,
the Elders’ Council may not have adequate financial and human resources to
effectively carry out their duties and responsibilities.
In some
cases, the Elders’ Council is under the administrative department of the local
Eeyou/Eenou Nation Government Elders Council should be independent and
protected from political or administrative interference so they can perform a
more meaningful role in the political and social development of the Eeyou/Eenou
community and Nation.
Elders
in a workshop conducted by Dr. Joseph Jolly have determined that the duties and
purpose of the Elders’ Council should as follows:
o
teach young people about culture,
tradition and language,
o
teach spiritual and moral values,
o
counsel individuals and families
o
teach each safety in hunting and handling
firearms,
o
provide vision, leadership, guidance and
advice,
o
appoint members of the Elders’ Council,
o
advise on land, traditional and cultural
practices,
o
provide guidance and informal leadership
to the Eeyou/Eenou First Nation,
o
help and advise the Chief and Council of
the Eeyou/Eenou First Nation on land, traditional
territory, traditional practices, culture, language, concerns and issues that arise within the community,
o
preserve the Eeyou/Eenou culture, language
and values,
o
assume duties if there is a crisis that
occurs to provide counsel or advice,
o
share their knowledge of traditional
customs, cultural values, language and spiritual values,
o
advise and inform members of the community
on safety concerns during all seasonal activities,
o
function as an advisory council to the
Chief and Council of the Eeyou/Eenou First Nation,
o
provide traditional knowledge on Eeyou/Eenou
governance for the purpose of self-determination,
o
provide traditional knowledge and advice
on traditional land use and resource development, and
o
provide support for the Elders of the Eeyou/Eenou
First Nation.
Elders in Governance
Eeyou/Eenou governance has evolved dramatically over the past five (5)
decades mainly in response to the fundamental changes in the political, social
and economic landscape of Eeyou Istchee. This evolution of Eeyou/Eenou
governance is customary and natural as political power is universal and
inherent in human nature. After all, Eeyou/Eenou self-determination
is the power of choice in action. In many instances, Eeyou/Eenou of Eeyou
Istchee have adopted a “just do it” approach.
The
Eeyou/Eenou have a special spiritual relationship to their land …Eeyou Istchee.
The Eeyou/Eenou also consider their culture, language and traditions as
fundamental and central to their collective and individual identities.
Therefore, the Eeyou/Eenou vision of self-government embraces two distinct but
related goals. The first 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 affect Eeyou/Eenou in
question: its culture, identity and collective well-being.
Consequently,
the Eeyou/Eenou of Eeyou Istchee have chosen and taken the following principal
paths and arrangements for governance of Eeyou Istchee:
a)
traditional Eeyou/Eenou system of
governance and authority for each Indoh-hoh Istchee (Eeyou Family Hunting
Territories) commonly referred to as the traplines system;
b)
local government that involves a broad
measure of Eeyou/Eenou authority on an exclusive territorial base (Category IA
and IB lands);
c)
Eeyou Nation Government that involve a
broad measure of Eeyou/Eenou authority on an exclusive (Category IA land) and
non-exclusive (Category II land) territorial base; and
d)
public government (Eeyou Istchee James Bay
Regional Government) that allows for significant Eeyou/Eenou participation in
decision-making over shared lands (Category III land) and resources.
Pursuant to the James
Bay and Northern Quebec Agreement, its related Agreements and enabling
legislation, each Eeyou/Eenou First Nation has a Chief and Council and the
Eeyou/Eenou of Eeyou Istchee has a Cree Nation Government. In addition, a Cree
Constitution that strengthens Eeyou/Eeyou governance over Category 1A Lands has
been adopted and approved by the Eeyou/Eenou of Eeyou Istchee.
However, the
Agreements and enabling legislation including the Cree Constitution remain
silent on the role and duties of Elders and Elders’ Councils of Eeyou/Eenou
Istchee
Through the implementation
of the James Bay and Northern Quebec Agreement, the Eeyou/Eenou of Eeyou
Istchee have exercised the right of self-government to commence the process of
rebuilding the Eeyou/Eenou Nation. The local Eeyou/Eenou Governments and the
Cree Nation Government should acknowledge the essential role of Elders and the traditional knowledge
that they have to contribute in rebuilding the Eeyou/Eenou Nation and
reconstructing institutions to support Eeyou/Eenou self- determination and
well-being.
Eeyou/Eenou Governance is the process through which Eeyou/Eenou
make decisions that direct their collective efforts. Elders and Elders’
Councils should have a more meaningful and direct role in this decision-making
process. Effective governance is about more than getting the job done. This is
particularly true for Eeyou/Eenou 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, effective governance is more than “taking control” of Eeyou/Eenou
affairs and issues such as economic, community and social development. Good and effective governance is
about both achieving desired results and achieving them in the right way which
is largely shaped by the cultural norms and values of Eeyou of Eeyou Istchee.
This right way should be determined with the advice of the Elders’ Councils.
As
one way, the Eeyou/Eenou of Eeyou Istchee reject the paternalism of the past
because the Eeyou/Eenou
know best how to define and promote their own interests. The Elders often speak
about the importance and continuance of Eeyou/Eenou culture, values and
traditions in charting a course for the future. Therefore, the Elders should be
involved, in a meaningful way, in the ongoing process of defining and promoting
the interests of Eeyou/Eenou of Eeyou Istchee.
In
the exercise of their legislative functions, the Eeyou/Eeyou First Nation
Governments and the Cree Nation Government should consult and seek counsel with
the Elders and Elders Councils especially on the passage of laws respecting language,
culture and collective well-being.
According
to the Elders, the Eeyou/Eenou of Eeyou Istchee need to govern themselves along the holistic
principles that have traditionally provided balance in lives of the people. To
this end, the Eeyou/Eenou Governments need to be more involved in health and
education of the Eeyou/Eenou Nation in collaboration with the Cree School Board
and the Cree Board of Health and Social Services of James Bay. The Elders,
grounded in traditional knowledge, can lead the struggle to re-establish
culturally appropriate models of governance.
The Eeyou/Eenou consider themselves the stewards, guardians and
custodians of Eeyou Istchee. Eeyou governance is also the practice and exercise
of stewardship, guardianship and custodianship of Eeyou Istchee. For Eeyou/Eenou 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.
Section 24
of the James Bay and Northern Quebec Agreement provides for the
recognition and continuance of the “Cree traplines”. This section includes the
recognition and definition of the “Cree tallyman.” The Elders understand that
this particular section provides for the recognition and continuance of the traditional
Eeyou/Eenou system of governance of each Indoh-hoh Istchee (Eeyou/Eenou Family
Hunting Territory) by the Eeyou/Eenou Indoh-hoh Ouje-Maaou (Cree
tallyman). It also provides for the recognition and continuance of the
Eeyou/Eenou traditional land tenure system of family hunting territories
throughout Eeyou Istchee. These
Eeyou/Eenou terms “Indoh-hoh Istchee” and “Indoh-hoh Ouje-Maaou” were used respectively
to explain the meaning of ‘Cree traplines” and “Cree tallyman” in Section 24 of
the JBNQA. (The system of “Traplines” within Beaver Preserves was established
by the Government of Quebec to manage the trapping of beavers. It is essential
to differentiate between “traplines” and “Indoh-hoh Istchee” to understand the
recognition, protection and continuance of the Eeyou/Eenou traditional land
tenure system of family hunting territories throughout Eeyou Istchee.)
Consequently,
the Indoh-hoh Ouje-Maaouch of the Indoh-hoh Istchee which comprises Eeyou
Istchee should have a role in the governance and management of Eeyou Istchee
since they are the traditional custodians, stewards, and guardians of Eeyou
Istchee.
The
Elders and Elders’ Councils would be useful in this exercise.
In summary, the
meaning and practice of Eeyou/Eenou governance has evolved and has been and
continues to be redefined by Eeyou/Eenou on the basis of rights, freedoms,
values, culture, traditional law and customs and the intent and spirit of the James Bay and Northern Quebec Agreement and its related Agreements.
Elders in Education,
Culture, Language and Values
Because of federal domination in Indian education and assimilationist
policies before 1975, the legacy of the past respecting education of
Eeyou/Eenou children of Eeyou Istchee is formidable, bitter and pervasive.
The schooling and experience of the Eeyou/Eenou of Eeyou Istchee provided
some means and impetus for change.
Consequently, the Eeyou/Eenou who have been subjected to the past
oppressive and abusive system of education and racist detrimental policies
wanted a break from the past and transform the control, content, goal, and
direction of the education of their children and future generations of Eeyou/Eenou
in a manner that provided for a positive evolution of Eeyou/Eenou culture and
society and under the determination and control of Eeyou/Eenou of Eeyou
Istchee.
Therefore,
the Cree School Board (Eeyou Chiskutimaachaawin) was
formally established in 1978 with its full jurisdiction and responsibility for
elementary, secondary, post-secondary and adult education and to promote Eeyou
language and culture pursuant to the terms and provisions of Section 16 of the James Bay and Northern Quebec Agreement. In particular, the Eeyou/Eenou of Eeyou Istchee, through the Cree School Board,
has to a large extent, gained autonomous pedagogical, financial and political
control over education policies and administration so that it can carry out its
current stated mission “to provide for life-long learning while instilling the
Eeyou/Eenou identity in partnership with the Eeyou/Eenou communities to allow
each student to attain the qualifications and competence to become a successful
contributor to the Eeyou Nation and society at large.” (Mission Statement of
the Cree School Board)
The former
Chairperson of the Cree School Board, Kathleen J. Wootton, states in the school
board’s 2016-2017 annual report that she believes “an education system built
around Cree culture, philosophy, values, and traditional skills can empower our
community.”
However, for the past forty (40) years, the Eeyou/Eenou of Eeyou Istchee
has had and still continue to face a difficult and complex challenge to move
from models of external domination, control and assimilation to those models
that are culturally, linguistically and philosophically relevant and empowering
to Eeyou/Eenou individuals, families, communities and Eeyou/Eenou Nation.
In essence, this challenge and task is the spirit and intent of Section
16 (Cree Education) of the James Bay and
Northern Quebec Agreement that enables Eeyou/Eenou of Eeyou Istchee to
assert and exercise the following rights:
a)
the right to establish and control their
educational systems and institutions providing quality education in their own
language, in a manner appropriate to their cultural methods of teaching and
learning.
b)
the right to the dignity of their culture,
tradition, history and aspirations which shall be appropriately reflected in
education.
c)
the right to maintain and strengthen their
distinct political, legal, economic, social and cultural institutions, while
retaining their right to participate fully, if they so choose, in the
political, economic, social and cultural life of the contemporary Canadian
society.
The Elders
are the keepers and teachers of traditional knowledge, values and culture that
includes the Eeyou/Eenou language. Traditional knowledge is a discrete system
of knowledge with its own philosophical and value base.
The
knowledge and teachings of Elders constitute part of Eeyou/Eenou Eedouwun and also form part of the intellectual
tradition of the Eeyou/Eenou of Eeyou Istchee. They are the foundation upon
which the Eeyou/Eenou Nation is built.
The
knowledge and teachings of Elders are transmitted through oral tradition, but
such transmission is absent in the local schools of the Cree School Board. The Elders appear to be not formally recognized by the
Cree School Board for their unique cultural and traditional knowledge in the
education of Eeyou/Eenou children and youth.
Tradition
dies without such transmission and reception.
Consequently,
Eeyou/Eenou youth emerge from these schools with a confused sense of their
identity and without the basic cultural knowledge to participate fully in the
traditions of the Eeyou/Eenou of Eeyou Istchee.
The
Cree School Board may not have the appropriate resources to support the
involvement and participation of the Elders in the education of the Eeyou/Eenou
children and youth of Istchee. However, the traditional knowledge, culture and values of the Eeyou/Eenou
of Eeyou Istchee need to be recognized and promoted by the Cree School Board
through the involvement of the Elders in the education of the Eeyou/Eenou
children and youth of Eeyou Istchee. To this end, the Cree School Board should
in collaboration with the Elders and Local Elders’ Councils determine the most
appropriate way to involve the Elders in the education and schooling of Eeyou/Eenou children
and youth. Furthermore, the Cree School Board should collaborate with the
Elders and Elders’ Councils to determine how traditional knowledge, culture and
values of the Eeyou/Eenou
of Eeyou Istchee can be best made
accessible in the education of Eeyou/Eenou children and youth.
In virtue of Section 16 of the James
Bay and Northern Quebec Agreement, the Cree School Board has special powers
“to develop courses, textbooks and other materials designed to preserve and
transmit the language and culture of the Native people.”
On September 17, 2019, the Cree
Nation Government unanimously passed its first Bill – An Act respecting the
Cree Language of Eeyou Istchee. The objectives of the Act are to support
and promote the use of the Eeyou/Eenou Language, to support Eeyou/Eenou efforts
to reclaim, revitalize, maintain and strengthen the Eeyou/Eenou language, and
to plan initiatives and activities for restoring and maintaining fluency in the
Eeyou/Eenou language.
The Elders and Elders’ Councils of
Eeyou Istchee can assist and participate in the establishment of measures for
the reclamation, revitalization, maintenance and strengthening of the Eeyou/Eenou
language.
The Bill – An Act respecting the Cree
Language of Eeyou Istchee – states that “the Cree people of Eeyou Istchee
have the inherent right to the use and enjoyment of the Cree language, and
positive action is necessary to protect and promote the Cree language…”
However, the said Bill does not
establish the Eeyou/Eenou language as an official language of the Eeyou/Eenou
of Eeyou Istchee.
The Cree School Board has
made some progress in the promotion and use of the Eeyou/Eenou language as a
language of instruction in the local schools under its jurisdiction. However,
the Elders have expressed their concerns about the
decreasing use of the Eeyou/Eenou language by the children. In the schools, the
teachers in the pre-school program have noticed that a lot of Eeyou/Eenou
children come to school speaking English. The Elders should be involved
in the further advancement of the Eeyou/Eenou language in the schools and
education of Eeyou/Eenou youth and children.
The
Cree School Board has also made some progress in the promotion and education of
Eeyou/Eenou Eedouwun such
as culture. For an example, it permits its students to partake in the spring
goose hunts through the “goose breaks” in its annual school year. Therefore,
children and youth learn about Eeyou/Eenou culture and language with their
families in the bush camps throughout Eeyou Istchee. Elders are always present
in these bush camps to teach and advise.
However,
the Cree School Board needs to integrate Eeyou/Eenou culture and other forms of
Eeyou Eedouwun into its development of courses,
textbooks and curriculum for the programs and services that it offers. The
Elders can be useful in this particular exercise.
In addition,
the Eeyou/Eenou local and regional governments and the Cree Trappers’
Association should support the Elders and Elders’ Councils in the teaching of Eeyou/Eenou Eedouwun such as traditional
knowledge, language, culture and values. As an example, some Elders are known
to have taken children and youth to their camps in the Indoh-hoh Istchee to
learn survival skills, culture, language and values. In these camps, the Elders
taught by doing, and young people learned from them by doing. Such ways of
teachings by Elders and learning by Eeyou/Eenou youth and children ‘on the
land’ should be supported by the appropriate Eeyou/Eenou authorities.
In the 2017-2018
Annual Report of the Cree School Board, Kathleen J. Wootten,
former Chairperson the Cree School Board, is quoted as follows: “My dream is to
create an education system based on Cree ideologies and one that reflects Cree
society of today. The western system does not reflect our Cree values,
principles and culture, and that has been detrimental to our society in many
significant ways, one of which is the failure of our children to identify with
the educational activities under this system. We need to reform our education
system to instill in our children and grandchildren a sense of pride as Cree
people.”
New models
of education are necessary for Eeyou/Eenou children and youth if they are to
learn about Eeyou/Eenou Eedouwun and to take their place as Eeyou/Eenou in the Eeyou/Eenou society of Eeyou
Istchee. The Elders should have a role
in developing these new models and in implementing the teaching of Eeyou/Eenou Eedouwun such as language, traditional
knowledge and culture. The nature of Eeyou/Eenou Eedouwun with its intellectual tradition, the way such
Eeyou/Eenou Eedouwun is
taught and learned, and the complexity of the Eeyou/Eenou language are all
pertinent to the development of new models. The Elders can play an essential
role and make important contributions in all these areas.
Elders in Health, Social Issues,
Justice, Lands and Resources
As a result
of rapid developments and changes to the political, economic and social
landscape of Eeyou Istchee over the past five (5) decades, the Elders speak
about the breakdown of Eeyou/Eenou society and the consequent loss of cultural
values. The Elders speak about the restoration, renewal and continuance of
Eeyou/Eenou Eedouwin such as cultural values. The Elders teach and promote
respect, responsibility, caring and sharing as fundamental components of
solutions to the social problems of the Eeyou/Eenou.
Elders have
stated to the Commission that they do not have adequate services and programs.
The
Eeyou/Eenou of Eeyou Istchee place great emphasis on the collectivity in
Eeyou/Eenou society — that is, the importance of family, community and nation,
the importance of the collective to an individual's sense of health and
self-worth, the importance of the individual's responsibility to the collective
and of the collective's responsibility to care for and protect its more
vulnerable members, and the importance of collective rights and collective
action.
The
importance of the collective, of collective rights and responsibilities, must
be recognized by Eeyou/Eenou governments and institutions. The Elders should have an essential role in
the promotion and education of the Eeyou/Eenou, particularly the youth, on the
importance of the collective, of collective rights and responsibilities.
As mentioned
earlier in the present discussion paper, the Elders have taken Eeyou/Eenou
youth to bush camps in the Indoh-hoh Istchee to learn Eeyou/Eenou Eedouwun such as survival skills, traditional
knowledge, discipline and values. Some troubled youth have been taken to such
bush camps for their well-being as well.
Justice in
the Eeyou/Eenou society focused not on punishment but on restoring harmony to
the community. The Eeyou/Eenou had rules and well-established social mores were
in place to keep conflict to a minimum. The Elders had a role in resolving disputes.
In recent
times, the Cree Nation Government has called upon the Elders, with their traditional
knowledge, to participate and mediate in a process to resolve disputes between
or amongst Eeyou/Eenou Indoh-hoh Ouje-Maaouch (Eeyou/Eenou Tallymen) with respect to the territorial integrity of the family Indoh-hoh
Istchee (traditional hunting territory). Sometimes Elders are asked to resolve
the question of who the rightful Indoh-hoh Ouje-Maaou is for a particular Indoh-hoh Istchee. After
all, the maintenance of the territorial integrity of Indoh-hoh Istchee and the identification
and role of the Indoh-hoh Ouje-Maaou are essential for the continuance of the Eeyou/Eenou traditional
land tenure system of family hunting territories throughout Eeyou Istchee as
recognized by Section 24 of the James Bay and Northern Quebec Agreement.
The Elders possess knowledge about traditional
healing approaches and traditional herbs, plants and other traditional
medicines which assist in the well-being and health of Eeyou/Eenou individuals.
The Cree Board of Health and Social Services of James Bay should formally acknowledge
and recognize the Elders of Eeyou Istchee for their knowledge of traditional
healing and medicine.
In the consultations over the past years, the Elders spoke about the
importance and continuance of Eeyou Eedouwin. In particular, they said that the
Eeyou/Eenou have a special relationship to the land (Eeyou Istchee) and that
they belong to the land which is deeply intertwined with their identity,
culture and well-being. Therefore, the
Eeyou/Eenou consider themselves the stewards, custodians and guardians of Eeyou
Istchee. Consequently, the Eeyou/Eenou, according
to the Elders, should have a meaningful participation in the governance and
management of Eeyou Istchee and its natural resources such as wildlife,
forests, water and minerals. The Eeyou/Eenou, particularly the Elders with their
traditional knowledge, must have more participation and control over laws
regarding jurisdiction of their traditional territories.
Summary, Conclusion and Suggestions
The
Eeyou/Eenou of Eeyou Istchee have a holistic worldview and approach to life.
They see all creation as interconnected, interrelated and interdependent. The
Eeyou/Eenou consider themselves as part of the circle of life in this earth and
the earth is part of them. In particular, the Eeyou/Eenou consider that human
beings are interconnected, interrelated and interdependent with all of
creation.
In
addition, the Eeyou/Eenou understand the importance of maintaining harmony and
balance with all creation. In fact, the Eeyou/Eenou consider one’s well-being
as the maintenance of balance of one’s physical, spiritual and psychological
well-being. The Eeyou/Eenou call this balance of well-being “miiyoupimaatsiiwin”.
The Elders
consider the main goal of one’s life is to pursue, achieve and maintain “miiyoupimaatsiiwin”.
Therefore,
way of life, culture, healing (health), learning (education), worldview,
ethics, prayer, earth, governance and spirituality are interconnected,
interrelated and interdependent.
The
Eeyou/Eenou governments, authorities, institutes, and entities should adopt a
holistic approach and cooperate with each other and the Elders and Elders’
Councils to assist the Eeyou/Eenou of Eeyou Istchee in the pursuit, achievement
and maintenance of “miiyoupimaatsiiwin”.
Throughout the
consultations with the Eeyou/Eenou of Eeyou Istchee on the court case
respecting the James Bay Hydroelectric Development Project and subsequent
negotiations respecting the James Bay and Northern Quebec Agreement, the
Eeyou/Eenou particularly the Elders talked about the essential need and
fundamental importance of Eeyou/Eenou Eedouwun. They
clearly stated that they want to maintain and sustain Eeyou/Eenou Eedouwin such
as their distinct culture and identity as Eeyou/Eenou of Eeyou Istchee in the
future.
Before
the 1975 James Bay and Northern Quebec Agreement, the Eeyou/Eenou of
Eeyou Istchee generally did not see themselves, their cultures, or their values
reflected in public institutions that Canada and Quebec offered. The Eenou/Eeyou are now considering the
nature and scope of their governments and their own public institutions such as
the Cree School Board, Cree Board of Health and Social Services of James Bay
and police and justice to provide the security for their individual and
collective identities and well-being.
Furthermore, it is the responsibility of the Cree Nation
Government, the Cree School Board, Eeyou/Eenou local governments and other Eeyou/Eenou
institutions and entities, as well as Eeyou/Eenou families, elders and youth,
to strive together in a spirit of cooperation and in diverse ways, so as to
ensure that the Eeyou/Eenou Eedouwin such as the Eeyou/Eenou culture, language and
values is maintained, vibrant and strengthened for present and future
generations.
In light of the
issues and concerns discussed in the present discussion paper concerning the
role, membership and place of Elders and Elders’ Councils in the Eeyou/Eenou
Nation and Communities of Eeyou Istchee, the Cree-Naskapi Commission submits
the following suggestions for consideration, discussion and appropriate action:
1)
The
Eeyou/Eenou governments and public institutions should acknowledge the
essential role of Elders and the traditional knowledge that they have to
contribute in rebuilding the Eeyou/Eenou Nation to support Eeyou/Eenou self-
determination and well-being. This acknowledgement can be expressed by:
a)
Involving
Elders in conceptualizing, planning and monitoring nation-building activities
and institutional development;
b)
Seeking
advice from the Elders Councils on effective governance and decision-making;
c)
Seeking
advice from the Elders’ Councils on the most effective way of involving the
participation of Eeyou/Eenou Indoh-hoh Ouje-Maaouch in the governance and administration of
Eeyou Istchee and its natural resources;
d)
Seeking
advice from the Elders’ Council on matters relating to Eeyou/Eenou Eedouwun such as language,
values, culture and collective well-being;
e)
Supporting gatherings and networks
of Elders to share knowledge and experience with each other and to explore
applications of traditional knowledge to contemporary issues;
f)
Involving
Elders in the ongoing process of determining and promoting the interests of
Eeyou/Eenou of Eeyou Istchee; and
g)
Permitting
the Elders to speak and teach about the importance and continuance of
Eeyou/Eenou culture, values and principles in charting a course for the future.
2)
The
Eeyou/Eenou of Eeyou Istchee, through their Local
Cree Nation Governments and their Cree Nation Government and/or Grand Council
of the Crees (Eeyou Istchee), with the collaboration of the local and regional
Elders’ Councils, should determine other measures that will, in a positive and
meaningful manner, permit the Elders of Eeyou Istchee
to be involved in the process of nation-building and nation-rebuilding to
reclaim and restore governance, culture, language, way of life, and other forms
of Eeyou /Eenou Eedouwun in
a manner that develops and sustains Eeyou/Eenou society that works –
economically, socially, culturally and politically.
3)
In the
exercise of their legislative functions, the Eeyou/Eeyou First Nation
Governments and the Cree Nation Government should consult and seek counsel with
the Elders and Elders Councils especially on the passage of laws respecting
language, culture and collective well-being.
4)
The
Eeyou/Eenou governments and public institutions such as the Cree School Board
and the Cree Board of Health and Social Services of James Bay should recognize
Elders as experts of Eeyou/Eenou Eedouwun and be treated as professionals and compensated for their contribution at a rate and in a manner that
shows respect for their expertise and unique knowledge.
5)
The
Council of the Cree Nation Government should adopt a resolution for the
purposes of initiating a process for an amendment to the Cree Constitution to
achieve the following purposes:
a)
To
acknowledge and recognize the essential role of Elders in the pursuit,
achievement and maintenance of “miiyoupimaatsiiwin;”
b)
To
acknowledge the Elders of Eeyou/Eenou Istchee as the cornerstone of Eeyou/Eenou
culture as the keepers and teachers of Eeyou/Eenou Eedouwun such as traditional knowledge, culture and
language;
c)
To
acknowledge the importance and essential role of Elders in building the Eeyou/Eenou Nation to
support Eeyou/Eenou self- determination and well-being;
d)
To
recognize, acknowledge and support local and regional Elders’ Councils;
e)
To enable
the Elders’ Councils to advise Eeyou/Eenou governments and institutions on legislation
and policies relating to language, culture and well-being;
f)
To
describe the general roles and mandates of the local and regional Elders’
Councils;
g)
To permit
the Elders’ Councils to determine other appropriate roles, duties and
responsibilities of the local and regional Elders’ Councils;
h)
To
recognize the independence of the Elders’ Council and to protect the said
Councils so that they can perform their roles and duties without political and
administrative interference;
i)
To
empower and permit the local and regional Elders’ Councils to determine the
criteria for appointment as a member of the local and regional Elders’ Councils,
definition and qualifications of an Elder: and
j)
To
permit the appointment and term of elders to the local and regional Elders’
Councils by the members of the Eeyou/Eenou of Eeyou Istchee.
6)
The Local Cree
Nation Governments and the Cree Nation Government and/or Grand Council of the
Crees (Eeyou Istchee) should provide adequate human
and financial resources to the local and regional Elders’ Councils of Eeyou
Istchee to permit the said Elders’ Councils:
a)
To effectively
carry out their duties and responsibilities;
b)
To
review the charter of each Council;
c)
To determine
the appropriate roles, duties and responsibilities of each Council;
d)
To
determine the criteria for appointment as a member of the local and regional
Elders’ Councils;
e)
To
determine how an Elder is recognized as an Elder; and
f)
To
determine the definition and qualifications of an Elder.
7)
In order to further promote the use of the Eeyou/Eenou Ayimouwun (Eeyou/Eenou language)
and support Eeyou/Eenou efforts to reclaim, revitalize, maintain and strengthen
the Eeyou/Eenou Ayimouwun,
the Cree Nation Government should amend its Act cited as the Cree Language
Act of Eeyou Istchee to formally establish the Eeyou/Eenou Ayimouwun as the official language of the Eeyou/Eenou
of Eeyou Istchee.
8)
Furthermore, the Cree Nation Government
and the Cree School Board, in collaboration with the Elders’ Councils of Eeyou
Istchee, should determine positive measures with appropriate funding and with
the participation of Elders to reclaim,
revitalize, maintain and strengthen the Eeyou/Eenou Ayimouwun.
9)
The Cree School
Board should formally recognize the Elders and Elders’ Councils of Eeyou
Istchee for their unique knowledge and teachings of culture, values, language and
traditional knowledge that could benefit the education of Eeyou/Eenou children
and youth.
10)
The Cree
School Board should develop courses, textbooks and other materials designed to
preserve and transmit the language and culture of the Eeyou/Eenou of Eeyou
Istchee in virtue of Section 16 of the James Bay and Northern Quebec
Agreement.
11)
The Cree School
Board, with the collaboration of the local and regional Elders’ Councils of
Eeyou Istchee, should determine the most appropriate way:
a)
to involve the
Elders and Elders’ Councils in the education and schooling of Eeyou/Eenou
children and youth;
b)
to transmit and
make accessible traditional knowledge, culture and values in the education and
schooling of Eeyou/Eenou children and youth;
c)
to involve the
Elders and Elders’ Councils in the teaching and advancement of the Eeyou/Eenou Ayimoowun (Eeyou/Eenou language) in the schools under its jurisdiction; and
d)
to involve the
Elders and Elders’ Councils in the integration of Eeyou/Eenou culture and other
forms of Eeyou/Eenou Eedouwun in its development of courses, textbooks and curriculum for the education and
schooling of Eeyou/Eenou children and youth.
12)
The Cree Board of
Health and Social Services of James Bay should formally recognize the Elders
for their knowledge of traditional healing and medicine.
13)
The Cree Board of
Health and Social Services of James Bay, with the collaboration of the local
and regional Elders’ Councils, should determine the most appropriate way to
collect and use traditional healing and traditional herbs, plants and other
traditional medicines for the benefit of Eeyou/Eenou of Eeyou Istchee.
14)
The Department of
Justice and Correctional Services of the Cree Nation Government, Cree School
Board, Cree Board of Health and Social Services of James Bay and the Cree
Trappers’ Association, with the collaboration of the local and regional Elders’
Councils, should determine appropriately funded programs that would permit the
Elders to take Eeyou/Eenou youth to bush camps in the Indoh-hoh Istchee for
their well-being and to learn Eeyou/Eenou Eedouwun such as survival skills, traditional knowledge,
language, discipline and values.
15)
The Cree Nation
Government and the Cree Trappers Association, with the collaboration of the
local and regional Elders’ Councils, should determine the most appropriate
process in which the Elders participate in a positive and meaningful manner for
the resolution of disputes respecting the territorial integrity of Eeyou/Eenou
Indoh-hoh Istchee and the determination of the appropriate Indoh-hoh Ouje-Maaou for a Indoh-hoh Istchee in question.
16)
The Eeyou/Eenou governments, authorities,
institutions and entities should ensure that the Elders of Eeyou Istchee have
adequate services and programs for their well-being and health.
The Cree-Naskapi Commission
believes that the acceptance and implementation of these suggestions by the
Eeyou/Eenou governments, authorities, institutions and entities would assist
the Eeyou/Eenou of Eeyou Istchee in the determination of the appropriate role,
membership and rightful place of Elders and Elders’ Councils in the Eeyou/Eenou
Nation and Communities.