The Grand Council of the Crees has filed a lawsuit asking that the Cree off-shore islands in James and Hudson bays not be transferred to Nunavut.
The lawsuit, filed Feb. 19, asks the Federal Court of Canada to protect Cree rights in the off-shore areas, including hunting, fishing and trapping rights. It also asks that no development be allowed there until the Crees and Canada resolve the status of the islands.
The Cree lawsuit says Indian Affairs Minister Jane Stewart violated Cree rights and the Constitution by transferring the islands to Nunavut without Cree consent.
The islands, all within a few kilometres of the James and Hudson bay coasts, are now part of the Northwest Territories. They are scheduled to change hands once Nunavut comes into existence on April 1.
“We were very reluctant to undertake this action as we support Inuit claims and efforts to achieve recognition of their rights,” said Grand Chief Matthew Coon Come in a statement.
Under the law, anyone hunting on the off-shore islands, including Crees, has to get an export permit to bring out food they’ve killed. The rule is enforced on Amiski Island, but not on the east coast of James Bay.
But that could change. “When you go into another province (with game), you require certain permits,” said James Eetoolook, vice-president of the Nunavut Tunngavik Inc., representing 20,000 Inuit. “So those may be required (of Crees).”
And to listen to Indian Affairs, this situation could continue for a long time.
Back in 1978, Crees and Indian Affairs worked out an agreement on the status of the off-shore islands. But that agreement fell through because Indian Affairs refused a Cree demand for compensation tied to the islands, like Crees had received in 1975 for the rest of James Bay.
Twenty years later, Indian Affairs still has the same position: no compensation. “The policy is the same as in 1978 when the deal fell apart over compensation,” said Nigel Wilford, a senior negotiator at Indian Affairs.
