House of Commons CANADA Standing Committee on Aboriginal Affairs and Northern Development AANO Ï NUMBER 020 Ï 2nd SESSION Ï 40th PARLIAMENT EVIDENCE Thursday, May 14, 2009 Chair Mr. Bruce Stanton Also available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1 Standing Committee on Aboriginal Affairs and Northern Development Thursday, May 14, 2009 Ï (0900) agreement in 1989 between Oujé-Bougoumou and Quebec and the [English] Oujé-Bougoumou/Canada Agreement of 1992. Both these agree- ments dealt primarily with the long overdue construction of the The Vice-Chair (Mr. Todd Russell (Labrador, Lib.)): My name community of Oujé-Bougoumou, but also provided for the is Todd Russell. I'm vice-chair and I'll be filling in for our chair, Mr. integration of the Crees of Oujé-Bougoumou into the James Bay Stanton, for a short period of time. and Northern Quebec Agreement. On the order paper today is BillC-28, An Act to amend the Cree- Naskapi (of Quebec) Act. Witnesses appearing today for the Grand Council of the Crees are However, several issues and controversies remained outstanding. Bill Namagoose, executive director; Brian Craik, director, federal In 1993, the Crees of Oujé-Bougoumou instituted distinct legal relations; Denis Blanchette, legal counsel, Gowlings Montreal; actions against Canada and Quebec respecting their aboriginal rights, Pierre Pilote, legal counsel, Gowlings Montreal; and on behalf of the their status, breach of trust by Canada and Quebec, and claims for Oujé-Bougoumou First Nation, James O'Reilly, legal counsel. damages, including those from the forced relocations. I welcome you all here this morning. We look forward to your comments. I believe you've already been informed that because of the joint presentation we will allow about 20 minutes for you to Resolution of these claims with respect to Quebec was provided speak in whatever order you please and to present as you wish. for in the Paix des braves agreement signed with the Government of Quebec in 2002. An out-of-court settlement was reached with I welcome the first speaker. Canada in 2008, pursuant to the Canada-Cree New Relationship Mr. Bill Namagoose (Executive Director, Grand Council of the Agreement. The Oujé-Bougoumou/Canada Agreement of 1992 Crees): [Witness speaks in Cree] contemplates specific amendments to the Cree-Naskapi (of Quebec) Act respecting Oujé-Bougoumou, and Bill C-28 satisfies this First, I'd like to thank the members for this opportunity to speak in important undertaking of Canada. favour of Bill C-28. We are delighted that Bill C-28 received all- party support in the House of Commons on May 7 and was referred to the standing committee. The Cree governance structures set out in the James Bay and The amendments contained in this proposed legislation comply with those that it was agreed would be recommended in the 2008 Northern Quebec Agreement provided for the setting-up of a Cree Regional Authority under provincial legislation to oversee certain Canada-Cree New Relationship Agreement. The amendments will Cree responsibilities in respect to Cree involvement in regional put the Cree community of Oujé-Bougoumou on the same footing as governance and in regard to matters delegated to it by the Cree the other Cree communities with respect to local governance, as was agreed to with both Canada and Quebec, and the amendments will communities. Provisions in section 9 of the James Bay and Northern Quebec Agreement also provided for the incorporation of the Cree bring about an evolution of Cree governance structures from those communities in federal legislation distinct from the Indian Act. The originally recognized and agreed to in the 1975 James Bay and resulting Cree-Naskapi (of Quebec) Act was the first local self- Northern Quebec Agreement. government legislation for aboriginal peoples in Canada, and it The Cree community of Oujé-Bougoumou is composed of the broke from the colonial tradition of the Indian Act. families of Crees who once were known as the Doré Lake Crees and who, at the time of the negotiation of the James Bay and Northern Quebec Agreement, had been forced by mining development to relocate to other Cree communities and to camps around the region The Cree-Naskapi (of Quebec) Act was passed by Parliament in of the town of Chibougamau. 1984 after several years of discussion between the parties and consultations with the Cree communities and the Naskapi Band. At that time in the early 1970s, the parties to the James Bay and With great difficulty, a new funding regime was eventually put in Northern Quebec Agreement—the Crees, Canada, and Quebec— place by Canada that was compatible with the assumption by the agreed to provide a just settlement for this community through Cree communities of new responsibilities in respect to the planning subsequent discussions. These discussions culminated in the priorities for their development and administration. 2 AANO-20 May 14, 2009 After adoption of the act, and to the present day, the Grand b. As a second step, in Part 2, to set out a process for negotiations leading to a Council of the Crees of Quebec/Cree Regional Authority has acted Governance Agreement, Governance Legislation and possible amendments to the JBNQA and to the CNQA concerning a Cree Nation Government with powers as a forum for the concerted implementation of the act. It also and authorities beyond the scope of the CNQA and its amendments in Part 1 of continues to be the guarantor and protector of Cree rights. While the this Chapter. Such negotiations, if successful, would expand Cree Nation act opened the door for the assumption by the Cree communities of governance beyond the CNQA powers by establishing the structures and powers certain responsibilities concerning their development, there were still of a Cree Nation Government and the relationship of such Government with Cree bands and federal and provincial governments. many aspects of the James Bay and Northern Quebec Agreement that had not been properly implemented by Quebec and Canada. The amendments before you today in Bill C-28 accomplish part 1 It was the announcement by Quebec of its intention to build of this program and are set out in chapter 3 of the new agreement. further hydroelectric development projects in the territory—and The discussions on part 2 are beginning, with the involvement of particularly the Great Whale hydroelectric project—that sparked the Canada, Quebec and the Crees. The intention is to present a new Crees in 1989 to take out a comprehensive court action that sought to Cree Nation governance law for your consideration within three to stop the proposed developments and also sought the implementation five years. of those numerous aspects of the James Bay and Northern Quebec Agreement that had not been implemented by Canada and Quebec. In brief, the phase one amendments call for a recognition in the Without going into the details of the 1990s struggle of the Cree law of the following powers of the Cree Regional Authority: one, to Nation, suffice it to say that in 2002 the Quebec-Cree new pass bylaws that have force in the Cree communities and to provide relationship agreement, also known as the Paix des braves, settled for their public availability, and to provide for the passage of certain legal disputes between the Crees and Quebec. It also resolved standards that exceed federal and provincial standards; two, these immediate issues concerning certain hydroelectric developments and bylaws would include central sanitation services, housing, building set a clear example for Canada with regard to the implementation of use for regional governance, fire departments, protection of the some of its obligations to the Crees under the same 1975 James Bay environment, including natural resources; three, to manage funding and Northern Quebec Treaty. and assets; four, to promote the welfare of the Crees and the Cree Under the Paix des braves, the Crees assumed responsibilities for Bands; five, to preserve Cree culture, values and traditions; six, to certain of Quebec’s obligations under the 1975 James Bay and assume certain federal responsibilities as may be agreed to; and Northern Quebec Agreement, and Quebec provided for the funding finally, to empower the Eeyou-Eenou police force on category 1 related to this for a period of 50 years. This largely resolved the lack lands. of congruity between Quebec's priorities and programs and those of the Crees, which had largely been the cause of the legal disputes. Moreover, the agreement calls for Canada to consult the Crees on Ï (0905) the amendments contained in Bill C-28. Canada has done this, and we are satisfied that the requirements of the agreement will be met When Canada and the Crees entered into out-of-court discussions by the proposed amendments, once passed by Parliament. from 2005 to 2008, this model of devolving to the Crees the planning and setting of priorities for the certain of the obligations that were in dispute was found to be adaptable to the issues between In fact, we commend the representatives at the Department of the parties. However, Canada went further in accepting the Cree Justice for the courteous and insightful manner in which they have view that it was time once again for another step in the evolution of carried out their work in consultation with us. Moreover, both Cree government structures and responsibilities. Canada and the Crees have consulted the Inuit through their representative organization, the Makivik Corporation, and also both The last two whereas clauses of the Canada-Cree Agreement of parties have consulted the Naskapi Band. From both the Inuit and the 2008 state: Naskapi Band, we have received assurances that they accept and do WHEREAS the Cree Nation and Canada seek to improve implementation of the not object to the amendments and that their rights are rendered safe James Bay and Northern Québec Agreement, to provide for the assumption by the Cree Nation of greater responsibility for Cree economic and community and untouched by them.