2018 Partnership Guide
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WWW.CREENATION-AT.COM 2018 PARTNERSHIP GUIDE Developing successful partnerships Map of the Québec First Nations Legend The Secretariat’s mission is to promote sustainable relations and socio-economic alliances between the Cree Nation (Eeyou Istchee), Jamésie, Abitibi- Témiscamingue and Nunavik regions in order to foster their harmonious development. www.autochtones.gouv.qc.ca PARTNERSHIP GUIDE SECRETARIAT 2018 3 Table of Contents 01 INTRODUCTION 02 HISTORY 03 PARTNERSHIP 4 About the Secretariat 6 JBNQA Identifying Potential 12 Opportunities for Reasons to start a Partnership 5 7 Paix des Braves partnership Best practices 13 when considering Cree Governance and partnerships 8 Cree Constitution Establishing a Eeyou Istchee 14 partnership in 10 James Bay Regional Business Government Location and 11 Secretariat to the 15 Economy of Cree Nation Abitibi- participation Temiscamingue Economic Alliance Local and Regional 16 Definitions COMMON CONSIDERATIONS RESOURCES 04 05 CHALLENGES 06 Aboriginal 11 Common Regional Entities 19 Procurement 27 Challenges 29 to starting a Trade and partnership 30 Cree Communities 20 Commerce Agreement 22 Capacity Building 24 Tax Exemption 26 Regulated Industry SECRETARIAT 2018 PARTNERSHIP GUIDE 4 The Secretariat’s role in promoting partnership Since its establishment in 2003, the Secretariat has a responsibility to ensure that mutual partnership opportunities are present for First Nations and townships within the Municipality of Eeyou Istchee, Baie-James, and Abitibi-Témiscamingue. This guide primarily addresses the context of building partnerships both within and outside of Eeyou Istchee and recognizes the vital role that other Indigenous groups play in the context of the region. Our goal is to establish a model that effective two-way partnerships can be built around. In doing so, we aim to provide greater access to opportunities and development in all areas of the region. Introduction This guide has been developed to assist you in gaining a better understanding of the various aspects of partnerships and joint ventures. The best practice is always be informed. In this guide, we hope to provide you as much information as possible to assist you in advancing your partnership initiatives. It will provide you with some essential contacts and starting points for your development path. The guide is meant to be an information tool and in no way is it the final authority or a substitute for legal or professional advisers. PARTNERSHIP GUIDE SECRETARIAT 2018 5 There are many reasons to form a partnership When considering partnership, it will be essential to work together to develop a reliable model based on cross-cultural understanding, and proactive planning that sets the environment for a successful partnership or joint venture. We encourage you to reach out and make the calls and start the dialogue. As always, the Secretariat is here to assist you. Chantal Hamelin, Secretariat to the Cree Nation Abitibi- Témiscamingue Economic Alliance 01 ACCESS TO CAPITAL 02 CULTURAL UNDERSTANDING AND EXPERTISE OF BOTH PARTIES 03 EMPLOYMENT 05 ACCESS TO CONTRACTS AND 04 NEW BUSINESS BUILDING OPPORTUNITIES CAPACITY SECRETARIAT 2018 PARTNERSHIP GUIDE 6 James Bay Northern Quebec Agreement “One of the first comprehensive land claim agreements signed in modern times between aboriginal people, Quebec and Canada” The James Bay Northern Quebec Agreement (JBNQA), signed in 1975, is one of the first comprehensive land claim agreements signed in modern times between the Governments of Quebec and Canada and Aboriginal people. The JBNQA established foundation works in areas of self-government and would set new terms for the relationships that exist between the Cree, the Inuit, the Naskapi, and the Governments of Canada and Quebec. The JBNQA has broad implications, establishing land regimes that apply to the Cree, as well as including provisions in the areas of resource management, economic development, justice, health, social services, and the environment. The agreement also notably sets a framework for direct financial compensation to impacted parties when development occurs on traditional lands and also is a foundational work in the designation of category I, II, and III lands. An understanding of compensation and land category designations has potential implications for many different sectors of development. Resources The negotiations between Aboriginal peoples and Canada and Quebec are always evolving, it is important for partnerships to understand how these agreements may impact them. To learn more about the JBNQA and associated agreements, please refer to: 1) https://cngov.ca/resources/agreements/ 2) https://www.aadnc-aandc.gc.ca 3) https://www.canada.ca/en/indigenous-northern-affairs.html PARTNERSHIP GUIDE SECRETARIAT 2018 7 Paix des Braves “A New Relationship between the Cree Nation and the Government of Quebec” In February 2002, the Cree Nation of Eeyou Istchee and the Government of Quebec entered into an agreement entitled “A New Relationship between the Cree Nation and the Government of Quebec” better known as “La Paix des Braves” Agreement. This agreement provides means for the economic and community development of the Cree Nation communities, making them active Resources partners in the development of the James Bay territory. The agreement provides measures for the creation of employment, support for the long-term development of the territory, the exchange of To learn more about the Paix expertise, and the establishment of partnerships des Braves and implications between the Crees and Quebec. that it might have towards your partnership, please refer to: The potential development of Eeyou Istchee is wide-ranging and includes activities in mining, Cree Nation Government Website forestry, hydroelectricity, tourism, and other commercial development. www.cngov.ca/community-culture/timeline/ Eeyou Istchee James Bay Regional Government Principles of the https://greibj.ca/en/regional-government/history/32- Agreement la-paix-des-braves 1. A nation-to-nation relationship between Eeyou Istchee, Quebec, and Canada 2. A new partnership based on cooperation, trust and mutual respect seeking to ensure the full development of the territory 3. Greater autonomy and more responsibility, on the part of the Crees, for their economic and community development 4. Respect for the principles of sustainable development and for the traditional way of life of the Crees. SECRETARIAT 2018 PARTNERSHIP GUIDE 8 Cree Nation Government And the Cree Governance Agreement With the successful conclusion of the Cree Governance Agreement in 2016 and full consultation/agreement with the Cree Communities, the Cree Governance Agreement comes into force. The Cree Nation Government and the Cree Constitution will strengthen Under the Governance Agreement, Cree self-governance on Cree the Cree First Nations will keep the Community Lands and provide greater same local government powers, autonomy and flexibility on these functions and responsibilities that category 1-A lands. The Governance they have now on Cree Category Agreement will also provide for greater IA lands. To learn more about Cree long-term financial stability in financial Nation Government and how this arrangements with Canada. The might impact your partnership, please Governance Agreement will assume refer to: governance powers and procedure from the Cree Naskapi Act which will no www.aadnc-aandc.gc.ca/eng/ longer apply to the Cree. Cree Constitution The Cree Constitution is a important innovation introduced by declaration and internal instrument The Cree Constitution is that it removes of the right to Cree self-governance. the supervision of the Minister of The Constitution outlines Indigenous and Northern Affairs over procedures for making laws, Cree governance on Cree Category IA resolutions, election procedures, lands, and makes the Cree First Nations meetings and referendum, financial and Cree Nation Government entirely administration and amendment responsible for their self-government. of the Cree Constitution. An Cont... PARTNERSHIP GUIDE SECRETARIAT 2018 9 Cree Constitution Cont... The Cree Constitution will not be set out in federal law. Instead, it will be an internal instrument of Cree self-governance. No approval is required from Québec or Canada. Because the constitution does not need to be approved federally or provincially, this means that the Cree Nation can amend their Constitution in the future, without the participation of Canada. The Governance Agreement, The Cree Constitution, and the Cree laws adopted pursuant to them will have the force of law. Together, they represent another step in implementing Cree self-governance in compliance with the JBNQA. They will provide the Cree First Nations and the Cree Nation Government with essential tools to assume greater autonomy and responsibility in the governance of Cree Category IA lands. The Agreement https://www.cngov.ca/news- on Cree Nation Governance and the Cree issues/current-issues/cree-nation- Constitution demonstrate that the Cree Nation governance-agreement/ Government and the Cree First Nations are mature governments. They are a step towards http://www.aadnc-aandc.gc.ca/eng/ reconciliation and a respectful nation-to- nation relationship between the Cree and Canada in the spirit of the JBNQA. About the Eeyou Istchee James Bay Regional Government The Eeyou Istchee James Bay Regional Government is governed by the Québec laws and exercises the same jurisdiction, functions, and powers on Category III lands located in the Eeyou Istchee