GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE)/CREE NATION GOVERNMENT – Annual General Assembly 2014
Resolution 2014-10: Resolution Regarding Adoption and Implementation of Uniform Interpretation of 10-Year Clause in Section 3.2.7 of the James Bay and Northern Quebec Agreement to Promote Education of Cree Youth
WHEREAS the rights that Cree beneficiaries enjoy under the James Bay and Northern Quebec Agreement are constitutionally protected under section 35(1) of the Constitution Act, 1982, which recognizes and affirms the “existing aboriginal and treaty rights of the aboriginal peoples of Canada;”
WHEREAS section 3.2.7 of the James Bay and Northern Quebec Agreement, known as the “10-year clause,” reads as follows: “In the event [a Cree beneficiary] is absent from the Territory during ten continuous years and is domiciled outside the Territory, such person shall not be entitled to exercise his rights or receive benefits under the Agreement. Upon such person re-establishing his domicile in the Territory, the right of such person to exercise his rights or to receive benefits under the Agreement shall revive.”
WHEREAS under the plain language meaning of the 10-year clause, a Cree beneficiary who is domiciled outside Eeyou Istchee for ten continuous years remains entitled to exercise his or her rights or receive benefits under the Agreement so long as he or she has not been absent from Eeyou Istchee for the entire period.
WHEREAS the 10-year clause was not intended to suspend the rights of Cree beneficiaries who maintain ties to Eeyou Istchee even while domiciled outside Eeyou Istchee for 10 years or more.
WHEREAS the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government consistently advocates for broad and liberal construction and interpretation of the James Bay and Northern Quebec Agreement in its dealings with the federal and provincial governments and agencies;
WHEREAS Cree entities and agencies should be held to the same standard of liberal interpretation and resolve any ambiguity in the scope and meaning of the 10-year clause in favor of non-resident Cree beneficiaries;
WHEREAS there is a lack of consistency amongst Cree entities and agencies in their policies interpreting the 10-year clause and establishing exceptions to it, resulting in non-resident Cree beneficiaries not having uniform access to the rights and benefits to which they may remain entitled, including, but not limited to, education rights and benefits administered by the Cree School Board, such as post-secondary education assistance;
WHEREAS, pursuant to section 6 of an Act Respecting the Cree Nation Government, the objects of the Cree Nation government include the following: to advance the education of the James Bay Cree; to assist in the furtherance of education and youth training; to assist the James Bay Crees in the defence of their interests; and to deal with all persons in working toward the solution of problems of the James Bay Cree; and
WHEREAS our youth are the Cree Nation’s most precious resource and it is in the social and economic interests of the Cree Nation, each of the individual Nations of Eeyou Istchee, and Cree families that we improve educational outcomes for our youth, including post-secondary graduation, regardless of domicile;
IT IS RESOLVED by the delegates of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly
THAT the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government hereby be mandated to adopt a uniform interpretation of the 10-year clause:
1. A Cree beneficiary who is domiciled outside Eeyou Istchee for ten consecutive years remains entitled to exercise rights and receive benefits under the James Bay and Northern Quebec Agreement if he or she visits Eeyou Istchee during that period and has social, economic, political or cultural ties with his or her Cree community.
2. The 10-year clause is not triggered until a Cree beneficiary turns 18 years of age, as a person under 18 years of age is presumed to have little or no control over his or her domicile or the means to visit Eeyou Istchee independently. In other words, a Cree youth remains eligible to exercise rights and receive benefits under the James Bay and Northern Quebec Agreement until he or she turns 28 years of age and thereafter his or her eligibility is determined by the 10-year clause.
THAT the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government be mandated to take appropriate and necessary steps to work with Cree entities and agencies, including but not limited to the Cree School Board, to ensure prompt implementation of a uniform interpretation of the 10-year clause; and
THAT such implementation measures shall include retroactive remedial measures for Cree beneficiaries who were denied rights or benefits to which they were entitled under the James Bay and Northern Quebec Agreement under more restrictive interpretations of the 10-year clause, including post-secondary education assistance.
RESOLUTION 2014-11: Cree-Canada Governance Negotiations
WHEREAS the Government of Canada (“Canada”), the Grand Council of the Crees (Eeyou Istchee) (“GCC(EI)”) and the Cree Nation Government (“CNG”) entered into the Agreement concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee (“Federal NRA”) which came into force on March 13, 2008;
WHEREAS the Cree Nation approved the Federal NRA by referendum based on the terms thereof as agreed in negotiations between the Cree and Canada;
WHEREAS the principal purposes of the Federal NRA include, among others:
(a) to establish the basis for a new relationship between Canada and the Cree
Nation;
(b) to improve implementation of the JBNQA;
(c) to provide the process for negotiating an agreement and related legislation concerning a Cree Nation Government with powers and authorities beyond the scope of the Cree-Naskapi (of Quebec) Act (“CNQA”) and correlative amendments to the James Bay and Northern Québec Agreement (“JBNQA”) and the CNQA;
WHEREAS the Federal NRA does not amend the JBNQA or any related legislation;
WHEREAS Part 2 of Chapter 3 of the Federal NRA sets forth a process for negotiations leading to a Governance Agreement, Governance Legislation, both as defined in the Federal NRA, and possible amendments to the JBNQA and to the CNQA concerning the powers and authorities of the Cree Nation Government beyond the scope of the CNQA;
WHEREAS the JBNQA and the related legislation, including the CNQA, already recognize and implement an extensive system of Cree governance on Category IA land, including Cree jurisdictions, powers and functions in the large majority of areas contemplated by Canada’s Self-Government Policy;
WHEREAS the Governance Agreement contemplated in the Federal NRA was always intended to complement the JBNQA, and not to replace it;
WHEREAS the Gouvernement du Québec (“Québec”) has been invited to be a party in the negotiations leading to the Governance Agreement, insofar as areas of jurisdiction of Québec are involved, and Québec has indicated its willingness to participate;
WHEREAS, pursuant to section 3.14 of the Federal NRA, Canada and the GCC(EI)/CNG, with the participation of Québec, are committed to making best efforts to conclude negotiations of a governance agreement-in-principle within three (3) years of the coming into force of the Federal NRA and a Governance Agreement within five (5) years of the coming into force of the Federal NRA, or within such longer period as the GCC(EI)/CNG, Canada and Québec may agree to in writing;
WHEREAS in accordance with section 3.14 of the Federal NRA, the GCC(EI)/CNG and Canada have agreed, and Québec concurred, to extend the time frame to negotiate a governance agreement-in-principle for certain additional periods, most recently until October 31, 2013;
WHEREAS the governance negotiations have reached an impasse and the latest deadline of October 31, 2013 for concluding a governance agreement-in-principle has not been extended;
WHEREAS the main reason for the impasse is Canada’s insistence on the imposition of its policies, including its Self-Government Policy and future policies, in these governance negotiations, contrary to what was agreed during the negotiation of the Federal NRA and approved by the Cree Nation by referendum;
WHEREAS nothing in the Federal NRA, as negotiated between the Cree and Canada and as approved by the Cree Nation by referendum, authorizes Canada to seek to substitute its policies, including the Self-Government Policy, for the treaty rights of the Cree under the JBNQA;
WHEREAS Canada’s position has made it impossible for the Cree to conclude a
governance agreement-in-principle on the terms proposed by Canada because the Cree cannot and will not make our treaty rights under the JBNQA, recognized, affirmed and protected by the Constitution of Canada, subject to Canada’s policies prevailing from time to time;
WHEREAS, by attempting to impose its policies, including the Self-Government Policy, in these negotiations and to redefine unilaterally the relationship between the Cree, Canada and Québec provided for in the JBNQA treaty, Canada is not making best efforts to conclude negotiations of a governance agreement-in-principle and a Governance Agreement;
WHEREAS such conduct by Canada constitutes a breach of its obligations under the Federal NRA, the honour of the Crown and its fiduciary relationship with the Cree;
WHEREAS such conduct by Canada gives rise to a dispute between the Cree and Canada regarding the interpretation and implementation of the JBNQA and the Federal NRA;
WHEREAS, pursuant to the Federal NRA, Canada and the Crees shall attempt through cooperation and consultation to arrive at a mutually satisfactory resolution of disputes regarding the interpretation and implementation of the JBNQA and the Federal NRA and, to this end, they shall apply the dispute resolution processes established under Chapters 8 and 9 of the Federal NRA to resolve such disputes prior to initiating legal proceedings;
THEREFORE, BE IT RESOLVED
THAT the members of the GCC(EI)/CNG fully support that the relation between the Cree Nation and each of the Governments of Canada and of Québec must be based on the JBNQA treaty which is recognized, affirmed and protected by the Constitution of Canada;
THAT the members of the GCC(EI)/CNG hereby authorize and instruct the Grand Chief/Chairman, in coordination with the GCC(EI)/CNG Council/Board, to take such political and/or legal measures, including the institution of legal proceedings and, if applicable, the dispute resolution processes under the Federal NRA, as they deem necessary or appropriate in order to preserve and protect Cree rights vis-à-vis Canada regarding the implementation of the Federal NRA, including the negotiation of a governance agreement-in-principle and Governance Agreement pursuant to Chapter 3 of the Federal NRA and the payment by Canada of the “Third Payment” of $200 million provided for in the Federal NRA
Resolution 2014-012: Eeyou Istchee Sports and Recreation Association – Healthy Development of the Children of Eeyou Istchee
WHEREAS the Directors of the Eeyou Istchee Sports and Recreation Association have volunteered their time and done an exemplary job trying to rationalize the organization of recreational leagues and events from a Regional point of view;
WHEREAS the proper organization of regional recreational leagues and events in a manner that does not interfere but rather is a positive force in the development of a child from Eeyou Istchee is critical to the health of the Cree Nation as a whole;
IT IS RESOLVED
THAT the delegates of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly having received the recommendation of the Board/Council of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government hereby support and recognize the Eeyou Istchee Sports and Recreation Association as the preferred vehicle to lead the development, organization and coordination of regional sports recreation leagues and events;
THAT the Board of Directors of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government further direct the Eeyou Istchee Sports and Recreation Association to ensure that the organization of tournaments does not conflict with the proper development of children in Eeyou Istchee through the reduction and controlling of the size and frequency of tournaments;
THAT the delegates of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly having received the recommendation of the Board/Council of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government further encourages the Eeyou Istchee Sports and Recreation Association to work with the Cree School Board to ensure that the modalities, regulations and practices surrounding regional sports and recreation leagues and events are compatible and support the proper education of the children in the Cree communities of Eeyou Istchee;
THAT the delegates of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly having received the recommendation of the Board/Council of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government further mandates the Board/Council of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government to support the Eeyou Istchee Sports and Recreation Association.
Resolution 2014-13: The Management of Economic Development Opportunities in Eeyou Istchee
WHEREAS the economic development needs in Eeyou Istchee still far exceed the current status and size of the Cree economies in the communities and in Eeyou Istchee in general;
WHEREAS the Cree leadership should have as a standing objective the reinforcement and the development of the Cree economy;
WHEREAS an important aspect of economic development is ensuring that contracts and other employment are directed to the greatest extent possible to Cree entrepreneurs;
WHEREAS it is also a critical matter of governance at all levels that Cree organizations ensure that the public funds they are managing are spent in the most efficient and fiscally responsible manner;
IT IS RESOLVED
THAT the delegates of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly having received the recommendation of the Board/Council of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government hereby mandate the Board/Council of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government to undertake a review of the policies and procedures related to the awarding of contracts and services to ensure that economic opportunities are maximized within the Cree Nation while respecting the obligations that relate to the sound management of public funds and to include entities such as the Cree School Board, Cree Board of Health and Social Services of James Bay and other important regional Cree entities.
Resolution 2014-14: Cree-Québec Forestry Discussions
WHEREAS the Crees and Québec agreed in 2002 and during the years thereafter, further to extensive litigation, to various agreements in order to create an Adapted Forestry Regime applicable to Eeyou Istchee;
WHEREAS such agreements include the Cree-Québec New Relationship Agreement also known as the “Paix des Braves”, the Baril-Moses Agreement, an agreement on the confidentiality of Cree traditional information, an Agreement regarding Cree traditional activities enhancement and an Agreement on a forestry program (formally known as the “Volet II Program” and now known as the “Regional and Forest Development Program”);
WHEREAS an agreement was also reached in 2009 in order for the parties to redefine the criteria for the social and environmental assessment of forestry roads;
WHEREAS, further to, in particular, the adoption of the Sustainable Forest Development Act (Bill 57) in 2010 and the execution of the Cree-Québec Governance Agreement in 2012, the Crees and Québec have been involved in forestry related discussions for several years now in order to harmonize the legislation and the Adapted Forestry Regime of the Paix des Braves and to create a collaborative forestry regime;
WHEREAS, as a consequence of Québec’s unilateral decision to approve forestry plans in contravention of the Baril-Moses Agreement, the GCC(EI) / CNG instituted legal proceedings against Québec;
WHEREAS Cree-Québec discussions were held in order to settle issues related to the Baril-Moses Agreement;
WHEREAS there are problems regarding the wood allocations attributed to Cree forestry companies, currently the subject of a dispute under the Paix des Braves dispute resolution process;
WHEREAS there is a need to ensure that appropriate funding and structures are in place in order for the new Regional and Forest Development Program to be implemented as soon as possible in Eeyou Istchee;
WHEREAS the responsible authorities at the Government of Québec have suspended the negotiations on the forestry related issues contemplated by the present resolution on several occasions;
WHEREAS the responsible authorities at the Government of Québec have however indicated a will to resume the negotiations in the fall of 2014;
THEREFORE, BE IT RESOLVED:
THAT the responsible authorities at the Government of Québec be invited to work with the Cree to bring all forestry matters contemplated by the present resolution to a speedy conclusion during the fall of 2014;
THAT, failing the conclusion of the appropriate agreements and arrangements between the GCC(EI) / CNG and Québec by the end of the fall on the forestry related issues contemplated by this resolution, the GCC(EI) / CNG take such actions as may be deemed necessary or appropriate in order to protect Cree rights in the circumstances.
Resolution 2014-15: EEYOU / JAMES BAY CREE NATION / EEYOU ISTCHEE PERMANENT URANIUM MORATORIUM
WHEREAS the Eeyou, the James Bay Cree Nation, has owned, lived in, governed and protected Eeyou Istchee for millennia and since time immemorial;
WHEREAS the Cree Nation possesses and exercises our inalienable fundamental aboriginal and other human rights, including the right of self-determination;
WHEREAS the economies, culture, way of life and well-being of Eeyou are inextricably tied to the land, the waters, the fish and animals, and all of the environment of Eeyou Istchee and adjacent lands and waters;
WHEREAS Eeyou have always carried out and affirmed our responsibility to protect the land, the waters, the fish and animals, and all of the environment of Eeyou Istchee, for all current and future generations;
WHEREAS Eeyou are committed to the principles of sustainable and equitable development and responsible stewardship;
WHEREAS uranium mining exploration activities have been pursued by other governments and corporations in recent years in Eeyou Istchee;
WHEREAS uranium exploration, mining, milling, refining and transport, and radioactive and toxic uranium mining wastes, create unique and grave risks for human health and the environment, both today and for thousands of future generations;
WHEREAS the risks inherent in uranium exploration, mining, milling, refining and transport, and in radioactive and toxic uranium mining waste, are incompatible with our stewardship responsibilities in Eeyou Istchee, and pose a grave threat to our way of life, economies, culture, and well-being;
WHEREAS there are no independently established or objectively known ways to effectively mitigate these risks on the time-scales that are involved in uranium mining, milling, refining and transport, and in radioactive and toxic uranium mining waste, namely hundreds of thousands of years, and indeed there are grave doubts about these issues especially where they have affected other indigenous peoples in their lands and waters;
WHEREAS the people and the Cree Nation of Mistissini, the first Cree community located close to proposed uranium exploration and mining, has expressed its total opposition to these activities;
WHEREAS the Cree Nation and its members have consistently and repeatedly spoken out against uranium exploration and mining in Eeyou Istchee because of the risks it poses;
WHEREAS at the Annual General Assembly in Waskaganish in August 2012, the Cree Nation enacted a Permanent Moratorium on all uranium exploration and mining activities in Eeyou Istchee;
WHEREAS the Government of Québec subsequently declared a temporary moratorium on uranium exploration and mining throughout the province;
AND WHEREAS it is timely to reaffirm the Cree Nation’s firm commitment to ensuring that Eeyou Istchee remains free of uranium exploration, mining, milling, refining, transport and uranium waste emplacement;
BE IT NOW THEREFORE RESOLVED THAT EEYOU, THE JAMES BAY CREE NATION:
1. Re-affirms its declaration and enactment of a Permanent Moratorium on all uranium exploration, mining, milling, refining, transport and uranium mining waste emplacement in Eeyou Istchee;
2. Re-authorizes and renews its mandate to the Grand Council of the Cree (Eeyou Istchee), the Grand Chief and the Board of the Cree Nation Government to take all necessary and appropriate steps as may reasonably be required to ensure the full, immediate and continuing recognition and implementation of this permanent moratorium in Eeyou Istchee and to give effect to this Eeyou Assembly Resolution.
Resolution 2014-16: Concerning the funds related to the Personal Credits for Personal or Group Education Services
WHEREAS the delegates of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly having received the recommendation of the Board/Council of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government have taken notice of the deadlines established for the use of the funds related to the Personal Credits for Personal or Group Education Services which is part of the Canadian Indian Residential School Settlement;
WHEREAS the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly having received the recommendation of the Board/Council of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government would like to find a manner for the proper time to be granted for determining the use of said funds;
IT IS RESOLVED
THAT the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly having received the recommendation of the Board/Council of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government recommend that the Assembly of First Nations hold in trust the funds related to the Personal Credits for Personal or Group Education Services which is part of the Canadian Indian Residential School Settlement.
Resolution 2014-17: MoCreebec Cree Nation Participation at Annual General Assemblies
IT IS RESOLVED
THAT the delegates of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly recognizing strong ties with MoCreebec Cree Nation see the benefit in maintaining theses ties and having the leadership of the MoCreebec Cree Nation participate in the Annual General Assembly of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government;
IT IS RESOLVED
THAT the delegates of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government 40th/37th Annual General Assembly hereby grant observer status to the delegates chosen by the MoCreebec Cree Nation to the Annual General Assemblies of the Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government.
