THE STANDING SENATE COMMITTEE ON ABORIGINAL PEOPLES
EVIDENCE
OTTAWA, Tuesday, March 27, 2018
The Standing Senate Committee on Aboriginal Peoples, to which was referred Bill C-70, An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts, met this day at 9 a.m. to give clause-by-clause consideration to the bill.
Senator Lillian Eva Dyck (Chair) in the chair.
[English]
The Chair: I welcome all honourable senators and members of the public who are watching this meeting of the Standing Senate Committee on Aboriginal Peoples, either here in the room or listening via the web.
I would like to acknowledge that we are meeting on the traditional unceded lands of the Algonquin Peoples. My name is Lillian Dyck, from Saskatchewan, and I have the privilege of chairing this committee.
I would now like my fellow senators to introduce themselves.
Senator Tannas: Scott Tannas, senator from Alberta.
Senator Doyle: Norman Doyle, senator from Newfoundland and Labrador.
Senator Raine: Nancy Greene Raine from British Columbia.
Senator McCallum: Mary McCallum from Manitoba.
Senator Boniface: Gwen Boniface, Ontario.
Senator Christmas: Dan Christmas, Nova Scotia.
The Chair: Today we study Bill C-70, An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts.
For our first panel, we have invited government officials. Joining us, from the Department of Crown-Indigenous Relations and Northern Affairs Canada, are Perry Billingsley, Asssociate Assistant Deputy Minister, Treaties and Aboriginal Government; and Sylvain Ouellet, Director General, Negotiations East Branch, Treaties and Aboriginal Government. From the Department of Justice, we have Geneviève Thériault, Senior Counsel.
You have 10 minutes or so to give a presentation to the senators, followed by questioning from them. Please proceed.
Perry Billingsley, Asssociate Assistant Deputy Minister, Treaties and Aboriginal Government, Department of Crown-Indigenous Relations and Northern Affairs Canada: Thank you, Madam Chair and honourable senators. I would like to acknowledge that we are on the unceded Algonquin territory.
Before you today is Bill C-70, An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts. This legislation represents a leap forward in self-determination for the Cree and the Naskapi Nation of Kawawachikamach.
Bill C-70 is a true nation-to-nation effort and is supported by the Cree, the Naskapi and the Nunavik Inuit, all of whom were consulted during the development of this legislation.
This bill would give effect to the Cree Nation Governance Agreement signed on July 18, 2017, and its companion, the Cree Constitution. The governance agreement provides greater governance autonomy to the Cree on Cree community lands and makes the Cree fully responsible for their self-governance.
The bill would also remove the Cree from the application of the Cree-Naskapi (of Quebec) Act and would improve Naskapi governance under that same act. Finally, the bill would provide for amendments to the Cree-Naskapi (of Quebec) Act to eliminate some discriminatory wording in federal legislation, in compliance with the Canadian Charter of Rights and Freedoms.
Now, if I may, I would reflect on the process that led us here today.
The Cree are a signatory to the 1975 James Bay and Northern Quebec Agreement, the first modern treaty in Canada. The Naskapi are signatories to the 1978 Northeastern Quebec Agreement, a similar agreement, but adapted to Naskapi circumstances.
For the last 34 years, Cree and Naskapi local governance has been exercised under the Cree-Naskapi (of Quebec) Act on their respective community lands. That act was deemed to be the special legislation concerning local government referred to in the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement. When passed, Bill C-70 will replace the Cree-Naskapi (of Quebec) Act and will be deemed to be that special legislation for the Cree. The Naskapi will remain under that act, but it would be renamed the Naskapi and Cree-Naskapi Commission Act.
The governance agreement flows from the 2008 new relationship agreement, an out-of-court settlement between the Cree and Canada that provided for the negotiation of a governance agreement and the payment of $200 million to the Cree within 30 days of Royal Assent of Bill C-70.
The governance agreement sets out the powers of the Cree First Nations to make laws on a wide variety of governance matters on Cree community lands, including environmental protection; public order and safety; and land and resource use and planning. It also sets out the powers of the Cree Nation government to make laws on regional governance matters on these same lands. These laws will reflect Cree culture, priorities and aspirations.
The governance agreement maintains the existing land regime on these lands, including access and grant of rights in lands and buildings. It also provides for implementation measures, including an implementation plan and a dispute resolution mechanism, and it defines a new fiscal relationship, including long-term financial arrangements with Canada.
The governance agreement also provides for the adoption of a Cree Constitution, an internal instrument of Cree governance which includes subject areas such as procedures for making laws and resolutions; elections; meetings and referenda; financial administration; and amendments to the Cree Constitution, among other matters. As an internal document, the Cree Constitution was not reviewed nor approved by Canada.
After extensive consultations with the Cree beneficiaries, Cree First Nations and other interested Cree parties, the governance agreement and the Cree Constitution were formally approved by resolution by each of the Cree First Nations and by the Cree Nation government, in accordance with the procedures set out in the governance agreement.
The governance agreement is a concrete example of the importance of partnerships in achieving real, tangible results for Indigenous peoples, in this case, achieving the Cree Nation’s vision of self-determination.
While the Naskapi remain under the Cree-Naskapi (of Quebec) Act, Bill C-70 responds as well to the Naskapi Nation’s aspirations to strengthen their internal governance by providing the Naskapi with additional powers. The bill would also remove administrative burdens on their internal governance and would facilitate political and administrative decisions and processes.
If Bill C-70 receives Royal Assent, the Cree and Naskapi will be in a much stronger position to ensure the well-being of their community members and to better respond to their distinct needs. We know that strong governance and self-determination are the greatest contributing factors to the social and economic health of a community, including its overall well-being.
This legislation confirms Canada’s commitment to its relationship with Indigenous peoples, founded on the recognition of rights, respect, collaboration and partnership. Bill C-70 is a step toward reconciliation.
Thank you very much.
The Chair: Thank you.
Senators, we have a large amount of material that has been submitted in English only. Could we have a motion to distribute it?
Senator Patterson: So moved.
The Chair: Is it agreed?
Hon. Senators: Agreed.
The Chair: Thank you, senators. That will be distributed to you.
We are now open for questions on the first round.
Senator Patterson: You said that the Inuit of Nunavik had been consulted during the development of this legislation, but there is an interface with the Inuit of Nunavut. I’m sure they were consulted and have agreed to this legislation?
Geneviève Thériault, Senior Counsel, Department of Justice Canada: The best answer is that the Inuit of Nunavut, their relationship with the Cree is in respect of the Cree offshore agreement, which is another agreement. It doesn’t relate to the Cree Nation Governance Agreement.
Senator Patterson: Thank you.
Senator Tannas: Thank you for being here. Could you speak to any additional lands that are provided under this agreement? Are there any disputes around lands that either get resolved or remain unresolved as a result of this agreement?
Mr. Billingsley: This is a governance agreement in respect of the lands under the James Bay and Northern Quebec Agreement; so there are no additional lands in respect of the governance agreement. With respect to disputes, I’m going to defer to my Department of Justice colleague. I’m not aware of any.
Ms. Thériault: It’s linked to the fact that there was no negotiation of land, so there was no dispute around lands.
Senator Tannas: Thank you.
Senator Raine: Thank you very much for being here. I agree that self-governance is important for people. Could you expand on your statement when you said “including long-term financial arrangements with Canada”?
Could you give us and the viewers watching a description of that long-term financial agreement with Canada?
Mr. Billingsley: With any self-government agreement, we also negotiate fiscal financing arrangements. It would be very much along those lines. For some of the elements of that I will defer to Sylvain to describe the specifics.
Sylvain Ouellet, Director General, Negotiations East Branch, Treaties and Aboriginal Government, Department of Crown-Indigenous Relations and Northern Affairs Canada: We currently have two different agreements with the Cree regarding finances, and these agreements will be extended until 2028.
Essentially the parties agreed, from 2028 to 2040, to negotiate one consolidated financial agreement. Post-2040, the parties agreed to negotiate new consolidated agreements in accordance with the policies that will be in place at the time. The parties agreed to start these negotiations by 2028. This is a long-term financial arrangement made in three phases.
Senator Raine: If I understand, nothing with regard to financial arrangements will change until after 2028 when the new agreement is done.
Mr. Ouellet: Correct.
Senator Raine: Thank you very much.
Senator Christmas: I understand that the governance agreement will enable some additional law-making powers for the Cree Nation. Can you elaborate on those additional powers?
Mr. Billingsley: I’m going to defer to my Department of Justice colleague, who was a member of the negotiating team.
Ms. Thériault: The additional law-making power is given to the Cree Nation government. One is in respect of matrimonial real property.
[Translation]
Mr. Ouellet: I will answer in French because the document before me is in French. Essentially, we are talking about legislative powers related to the celebration of marriage, matrimonial property, language, culture and heritage, and finally, direct taxation of the Cree in Cree communities.
[English]
Senator Christmas: Could you also describe the ratification process for the governance agreement?
Ms. Thériault: The ratification process was done through a band council resolution of each of the communities, plus a band council resolution of the Grand Council of the Cree and the Cree Nation government.
Senator Christmas: Thank you.
Senator McCallum: Thank you for your presentation. I’ve gone through many of the documents presented by both parties. In some of the agreements we saw, there was a lack of full participation by the Indigenous peoples in making their final decision. With what I read and heard that you’ve done a consultation, that they did give a fully informed decision with an informed consent process, and I’m very happy that’s where this government-to-government relationship is. Thank you.
The Chair: Could you describe to us the process of consultation? In your remarks you say that Bill C-70 in a true nation-to-nation effort supported by the Cree, the Naskapi and the Nunavik Inuit, all of whom were consulted during the development of the legislation.
Could you describe that in more detail, please?
Ms. Thériault: Both the Inuit and the Naskapi were provided copies of — you’re talking about consultation on the legislation itself?
The Chair: Yes.
Ms. Thériault: They were provided copies of the draft bill. They actually commented and suggested some modifications, which were accommodated through discussions with the Cree. It was done a couple of times. At the end of the process, they were satisfied that the bill had accommodated their comments.
Senator Doyle: How extensively has the Government of Quebec been involved in these consultations? As you know, many years ago there was a lot of public debate about Quebec being a nation within the Canadian Confederation. Does Quebec subscribe to the concept of nationhood for the Cree people and other Indigenous people, for example, that would involve being a nation within a nation within a nation?
Mr. Billingsley: On the point of whether Quebec subscribes, I can’t pretend to speak for Quebec. They have certainly been partners in negotiations, not particularly the negotiation that led up to this agreement, but in other negotiations, and partners in discussing self-government arrangements, which doesn’t necessarily get directly at your question.
Senator Doyle: Obviously, the original JBNQA, the James Bay and Northern Quebec Agreement, is more than 40 years old now. There have been amendments and other agreements. What is the essential difference? I’m fairly new on the committee. I don’t have a great history here. What is the essential difference in the 2017 agreement that has led up to this bill? What caused this bill? How did that evolve from the 2017 agreement? What is the essential difference? Is it a matter of more modern concepts of governing, cleaning up the loose ends, so to speak, or additional federal funding and what have you?
While you’re at it, maybe you could also tell me about the $200 million transfer that will take place. Would that be in 10-year-old funding, or will there be increases to that $200 million to make up for inflation and more expensive ways of doing things and what have you? Sorry it’s so long.
Mr. Billingsley: So, in terms of the James Bay agreement, that was done in the time when self-government was a fairly, I guess I could say, novel concept. I think I was still in high school when that was being negotiated. There was a commitment in that agreement — I believe it’s section 9 — to negotiate local governance arrangements. In 1984, the Cree-Naskapi (of Quebec) Act was passed and it really focused on local governance.
Of course, as we all come to understand the nature of governance and self-determination, there are measures that need to be taken to modernize agreements and to realize the broader governance aspirations, in this instance, of the Cree, for example, the Cree Nation governance arrangements in addition to the local governance arrangements.
All of which to say, I think we all saw the need for bringing the Cree governance arrangements up to the aspirations and the practice of the Cree.
Senator Doyle: And the $200 million? Will there be any increases in that amount, which was set aside, I believe, as being the last payment that had to be made, which goes back about 10 years ago?
Mr. Billingsley: On the question of escalators for that $200 million, I’m going to defer to Mr. Ouellet.
Mr. Ouellet: The $200 million is a lump-sum payment to be paid to the Cree within 30 days of the bill receiving Royal Assent. So it’s just the one payment. It is not a payment over time that will have an escalator.
Senator Doyle: So there is no escalator in there. Okay. That makes sense. Thank you.
Senator Patterson: I would like to thank the witnesses. I would like to say that, as the critic of the bill for the official opposition in the Senate, I do support the speedy passage of the bill, but I just have a few questions.
As you said, the bill is, at least in part, the result of an agreement to settle a lawsuit between the Cree and Canada. Of course, I’m always in favour of negotiation over litigation, but I would like to know if you could describe your view on just what that lawsuit was about. Why did the Cree sue?
Second, does this legislation fully satisfy the out-of-court settlement? Is that now satisfied and discharged?
Mr. Billingsley: On the question of the lawsuit, I would perhaps encourage the same question being put to the Cree, but—
Senator Patterson: Your version or your view.
Mr. Billingsley: Well, hopefully my version certainly corresponds. It was essentially about Canada’s failure to implement certain aspects of the James Bay agreement. We can go into some of the specifics, but, again, I think that it would be best to—
Senator Patterson: There is a second part to my question.
Mr. Billingsley: If we could turn to our Department of Justice colleague to give a little bit of comment on that.
Ms. Thériault: It’s not so much on the lawsuit itself, but the second part of your question was around whether this specific legislation, Bill C-70, was settling the lawsuit. The lawsuit was settled in 2008, through the new relationship agreement that was signed between Canada and the Cree. That took care of the lawsuit. The Crees, under that agreement, agreed to take on some of Canada’s obligations for a certain period of time.
Under the new relationship agreement, we also committed to negotiate, or attempt to negotiate, governance in two parts. The first part was making amendments to the Cree-Naskapi (of Quebec) Act to ensure that the Cree Nation government would have all of the authority necessary to take on the responsibilities that they were taking on under the new relationship agreement. And this was done. The Cree-Naskapi (of Quebec) Act was amended.
Then, the second stage was to attempt to negotiate what you now have in front of you, the Cree Nation governance. Originally, we were supposed to have it as a tripartite negotiation. Quebec negotiated its separate agreement with the Cree in relation to provincial land, and we negotiated bilaterally with the Cree on category 1A land.
Senator Patterson: Thank you for that. My question still is: Does the bill that is before us fully discharge and honour the new relationship agreement commitments of Canada? Is that agreement now fully satisfied and responded to by this bill, or are there any outstanding issues?
Ms. Thériault: I would say that, with respect to the governance portion of the new relationship agreement, yes, it discharges the commitment, but there were other portions of the new relationship agreement that we’re still discussing with the Cree.
Senator Patterson: Could you elaborate?
Ms. Thériault: Some were amendments, for example. There are a couple of complementary agreements. One is to include in the James Bay agreement the final land descriptions. Right now, you only have the land descriptions as they were in 1975.
Another one was to look at whether we could amend the general amending provisions of the James Bay agreement, section 215, so that Hydro-Québec and other societies didn’t have to participate in the negotiation of complementary agreements in the future.
So there are a few other things like that that we committed to discussing with the Crees, and we have been discussing for a number of years.
Senator Patterson: So it sounds like those ancillary matters are relatively unimportant.
Ms. Thériault: They’re not in relation to governance.
Senator Patterson: So the main thrust of the agreement has been discharged by this legislation.
Ms. Thériault: The governance part, yes.
Senator Patterson: That’s the main part.
Ms. Thériault: Yes.
Senator Tannas: Given what we have just heard, I will ask a couple of questions and then maybe come back to this when we meet with the leaders of the Cree. How long did this negotiation take?
Mr. Ouellet: The negotiations began in 2008 pursuant to the 2008 agreement regarding the new relationship with Canada and the Cree. The negotiations have been on and off, essentially.
Senator Tannas: So you had an agreement 10 years ago to negotiate and it took you 10 years to get here. Is that fair to say?
Ms.Thériault: That’s the fact.
Senator Tannas: Were lawyers involved? If so, how much of the $200 million is going to lawyers?
Mr. Billingsley: Yes, there were lawyers involved.
Senator Tannas: Maybe that had something to do with the 10 years?
Mr. Billingsley: That may have. I can’t comment.
In respect to the $200 million, I can’t tell you how much.
Senator Tannas: You have no idea?
Mr. Billingsley: None; no, sir.
Senator Tannas: You can’t tell or you won’t tell?
Mr. Billingsley: Well, no, I can’t tell because it is a lump sum payment. We have no idea about how that lump sum payment would be—
Senator Tannas: It never got raised that, “Look, in the $200 million we need this much just to cover our legal bills?”
Ms.Thériault: The $200 million is a commitment that is part of the 2008 new relationship agreement, so it’s not linked per se to taking on the governance. It’s a leftover payment from the litigation settlement.
Senator Tannas: The $200 million?
Ms.Thériault: It is in the agreement. If we could reach an agreement on governance, they were going to receive $200 million.
Senator Tannas: You have no idea. Okay. Thank you.
Senator Doyle: I’m curious about the Cree Constitution. The Cree Constitution would have been a document fully developed by the Cree people. You talked about it a bit here. It covers elections, meetings, referenda, financial administration amendments to the Cree Constitution and what have you.
After the bill is passed, does the Cree Constitution remain the Cree Constitution? Will the content change in any way with the enactment of Bill C-70, or is it just an iron-clad document and it remains as it is until the Cree people decide to amend it or change it?
Mr. Billingsley: It would be until the Cree people decide to amend it.
Senator Doyle: There would be no amendments or changes that automatically go along with the bill?
Mr. Billingsley: None that I know of. Perhaps on the advice of counsel?
Ms.Thériault: The Cree Constitution comes into effect once the bill comes into effect.
Senator Doyle: Okay. That was developed before the bill, of course.
Ms.Thériault: Yes, it was adopted by the Cree.
Senator Doyle: When would the Cree have developed their constitution? Was it in the process of passing the bill? Was it well before the bill or what?
Mr. Ouellet: The negotiations to the agreement were until last summer, 2017. That’s when the agreement was signed. The constitution was developed in parallel to the negotiations. I would suggest you ask the Cree about the specifics regarding the development of their constitution.
Senator Doyle: Is there no document that they’ve had for quite some time? Does it go back 100 years?
Mr. Billingsley: Typically in the development of self-government agreements, the agreement itself sets out the elements of a constitution that the parties agree should be reflected in the constitution. Canada does not necessarily see nor approve the constitution before it comes into force.
Senator Doyle: That is the prerogative of decree.
Mr. Billingsley: Yes. It’s the governance document of the Indigenous group in question.
Senator McCallum: I wanted to expand a bit on what I said after reading that the Cree had spoken to the Naskapi, the Inuit and the Province of Quebec; and that they were all agreeable to this constitution moving forward; and that with their laws that they were going to put in place, including the design of the two groups, they addressed the conflict of interest issues that exist in many of the native communities. They uphold and were looking at writing human rights issues through different programs that they have put in place. With the Cree Constitution, I believe that is already in place and that they are already working on it, because that they’ve always had that ability to put it in their Cree Constitution forever.
It was designed by the Cree and it’s already in practice, and it’s being strengthened by this governance act. Would you agree with that?
Mr. Billingsley: Yes.
Senator McCallum: That’s all I wanted to confirm, namely that it exists. With the documents that we were given on how they’re doing their Cree education and the health programs they have in place, you can see that the Cree Constitution is already very strong and it exists already. Thank you.
The Chair: That concludes the comments from the senators. I would like to welcome Senator Marty Deacon, one of our newest senators, who is here today replacing Senator Kim Pate.
Before we begin the presentations on our second panel, I will ask the senators for a motion for communications to take photographs during the meeting. Senator Patterson. Is it agreed?
Hon. Senators: Agreed.
The Chair: Since it is a historic occasion, we thought it would be a good idea to take official photographs during the meeting.
On our second panel, we welcome, from the Grand Council of the Cree, Abel Bosum, Grand Chief; Mandy Gull, Deputy Grand Chief; Matthew Coon Come, Former Grand Chief; Bill Namagoose, Executive Director; Paul John Murdoch, Lawyer; and Kaitlyn Hester-Moses, Youth Grand Chief; and from Gowling WLG (Canada), John Hurley, Partner.
I understand that the Grand Chief will have opening remarks to be followed by questions from senators.
Abel Bosum, Grand Chief, Grand Council of the Cree (Eeyou Istchee): Thank you.
[Editor’s Note: Mr. Bosum spoke in Cree.]
Madam Chair, deputy chair, committee members, Wachiya and good day.
On behalf of the Cree Nation of Eeyou Istchee, James Bay, I thank you for the invitation to address you in support of Bill C-70, the Cree Nation of Eeyou Istchee Governance Act. With me today are Matthew Coon Come, Former Grand Chief; Mandy Gull, Deputy Grand Chief; Kaitlynn Hester, Youth Grand Chief; Bill Namagoose, Executive Director; and Paul John Murdoch, Corporate Secretary; and John Hurley, Legal Counsel. Also with us are chiefs of the Cree First Nation of Eeyou Istchee and other elected community representatives.
Over the past few days, we have provided the committee with extensive documentation on Cree self-government. It presents some of the key institutions of the Cree self-government put in place over the past 40 years since the signing, in 1975, of our treaty, the James Bay and Northern Quebec Agreement.
The Cree Nation of Eeyou Istchee accounts for more than 18,000 Eeyouch or Cree occupying our traditional territory of Eeyou Istchee. This territory covers around 400,000 square kilometres and is located mainly to the east and south of James Bay and Hudson Bay.
We occupy and intensively use the entire area of Eeyou Istchee, both for our traditional way of life of hunting, fishing and trapping, and, increasingly, for a wide range of modern economic activities such as forestry, mining, construction, transportation and others.
As a result of massive hydroelectric and resource development over the past 40 years, the Cree of Eeyou Istchee have undergone extremely rapid and disruptive cultural, social and environmental changes. These changes have caused enormous stress for the Cree in terms of our traditional way of life, culture, environment, health and society.
The Cree have shown extraordinary resilience in responding to these challenges. We have developed institutions and services to help our people in adapting to these changes. The Cree are rightly proud of our achievements. At the same time, we acknowledge that this is necessarily a work-in-progress and that much remains to be done.
To appreciate fully the significance of the Cree Nation Governance Agreement, the Cree Constitution and Bill C-70, for the Cree of Eeyou Istchee, it is necessary to say a few words about our treaty, the James Bay and Northern Quebec Agreement.
Our treaty was not a gift from the Crown. We had to fight for it. It followed an epic court battle, precipitated by Quebec’s launch in 1970 of the massive James Bay hydroelectric project. Faced with this threat to our way of life, the Cree communities of Eeyou Istchee came together to assert our rights and fight the project.
Under the leadership of the late Grand Chief Billy Diamond and other Cree leaders, such as Philip Awashish, Robert Kanatewat and Fred Blackned, the Cree of Eeyou Istchee took legal proceedings in May 1972 in the Superior Court of Quebec to stop the project. In November 1973, the late Mr. Justice Albert Malouf granted an injunction to halt the project, recognizing that the Cree and the Inuit did indeed have legal rights in our lands.
This judgment brought Quebec and Canada to the negotiating table. After two years of intensive negotiations, we signed the James Bay and Northern Quebec Agreement in November 1975. With the adoption of the Cree Constitution in 1982, our agreement became constitutionally protected.
The James Bay and Northern Quebec Agreement contains over 30 chapters addressing eligibility, a land regime, local and regional government, health and social services, education, justice and policing, environmental protection, hunting, fishing and trapping rights, compensation, and community and economic development.
The James Bay and Northern Quebec Agreement was the first modern Indigenous treaty and land claim agreement in Canada. In some ways, it remains unique to this day.
Section 9 of the James Bay and Northern Quebec Agreement sets out the framework for Cree self-government on category 1A lands, where our communities are located in Northern Quebec.
When the Cree signed the James Bay and Northern Quebec Agreement in 1975, we saw it as a partnership in governance and development with Canada and Quebec. It was in that spirit that we negotiated with Canada the special federal legislation to implement section 9, the Cree-Naskapi (of Quebec) Act, which came into force in 1984.
In the years after the signing of the James Bay Agreement, relations between the Cree, Canada and Quebec deteriorated. Many disputes arose during the 1980s and 1990s, largely due to government’s failure to implement the agreement.
A turning point in relations between the Cree and Canada came in 2008 when they signed the Federal New Relationship Agreement. This agreement put an end to the litigation between the Cree and Canada over the implementation of the James Bay and Northern Quebec Agreement. Of special importance today, the Federal New Relationship Agreement sets out a process for negotiations between the Cree and Canada leading to the Cree Nation Governance Agreement and a Cree Constitution.
This year marks the three hundred and fiftieth anniversary of the arrival of the Europeans in Eeyou Istchee. By the time they arrived, we had already been there as a self-governing Indigenous nation for thousands of years.
Cree self-government is not starting today with the Cree Nation Governance Agreement; its companion, the Cree Constitution; and Bill C-70. They’re implementing legislation, important though they are.
What is the significance for us today? They are of critical importance for two reasons. First, they build on the James Bay and Northern Quebec Agreement by bringing Cree Nation governance home to us, to the Cree, where it belongs. Second, in doing so, they advance reconciliation between the Cree Nation and the Government of Canada.
The Cree Nation Governance Agreement and the Cree Constitution strengthen Cree self-governance on category 1A land in Eeyou Istchee subject to federal jurisdiction in the context of our treaty, the James Bay Agreement. Together they provide the Cree with greater autonomy and flexibility in governance on these lands.
The governance agreement addresses three main subjects: the jurisdiction of the Cree First Nations and Cree Nation Government to make laws on category 1A lands, the land regime on category 1A lands, and the financial arrangements with Canada.
Under the governance agreement, the Cree First Nation and the Cree Nation Government will keep the same powers and responsibilities on category 1A lands that they have now under the Cree-Naskapi Act. Importantly, however, both levels of Cree government will exercise their powers by making laws, not by-laws as at present.
The governance agreement will provide the Cree and Cree First Nations with much-needed stability and security, for it defines financial arrangements with Canada concerning governance on category 1A lands. With this predictability, the Cree First Nations will be able to plan for the long term with greater assurance.
The Cree Constitution is an internal instrument for Cree self-government relating to the management of the Cree First Nations and the Cree Nation government on category 1A lands. These arrangements are currently set out in the Cree-Naskapi (of Quebec) Act and will be transferred into the Cree Constitution once Bill C-70 takes effect. These arrangements address such matters as procedures for making laws and resolutions, the composition of elected councils, conflicts of interest, and financial and administration accountability.
An important innovation for the Cree is that the Cree Constitution removes the residual oversight of the Minister of Crown-Indigenous Relations with respect to certain by-laws and financial administration of Cree First Nations. By removing this external oversight, the Cree Constitution makes the Cree First Nations and the Cree Nation Government fully responsible for their self-government.
The Cree Constitution can change over time, if desired by the Cree. As an internal instrument of the Cree self-governance, rather than a federal statute, the Cree Constitution can be amended in the future by the Cree Nation alone.
Bill C-70 provides for the enactment of the Cree Nation of Eeyou Istchee Governance Agreement Act. This new act will give effect and force of law to the Cree Nation Governance Agreement and the Cree Constitution.
Upon its coming into force, this act will, together with the governance agreement and the Cree Constitution, replace the Cree-Naskapi (of Quebec) Act for the Cree. Bill C-70 does, however, provide for the continued operation of the Cree-Naskapi Commission in its ombudsman role of investigating representations made by beneficiaries regarding implementation matters.
Before concluding, let me touch on a few specific areas of interest to the committee.
We have submitted to the committee a detailed report on the consultations respecting the governance agreement and the Cree Constitution carried out by the Cree Nation Government in accordance with the protocol set out in the governance agreement.
The consultation process was robust, including information meetings in all Cree communities. Further to this consultation process, the governance agreement and the Cree Constitution were formally approved in the spring of 2017 by a resolution by all Cree First Nations.
The James Bay and Northern Quebec Agreement and the new federal relationship agreement were both approved by a referendum or vote. The governance agreement and the Cree Constitution are based on the parameters set out by these earlier agreements, fulfill a requirement of chapter 3 of the new federal relationship agreement and are essentially modernizing an existing governance framework. Moreover, unlike earlier agreements approved by Cree referendum, the governance agreement and the Cree Constitution do not entail any release or settlement of claim or legal proceedings. They, therefore, do not require another referendum for approval.
As Cree governance institutions have developed, they have made progress towards achieving gender balance. At present, almost half of the elected chiefs of the Cree First Nations are women, as are growing numbers of their senior management.
At the regional level, the Deputy Grand Chief, Mandy Gull, was elected by the membership at large last summer. Several department directors of the Cree Nation Government and a majority of its employees are women. The Cree Health Board and the Cree School Board are both chaired by women, Bella Moses Petawabano and Kathleen Wootton, elected by the membership at large. This is another work-in-progress of Cree self-government.
In response to an advance question from Senator McCallum, we have submitted to the committee certain detailed information provided by the Cree Board of Health and Social Services concerning Cree health outcomes and self-government. To summarize:
The Cree Health Board is an institution of Cree self-government, established under section 14 of our treaty, the James Bay and Northern Quebec Agreement.
All but one the members on the board of directors of the Cree Health Board are Cree beneficiaries, representing the Cree communities and the clinical and nonclinical staff.
Since the James Bay agreement, the Paix des Braves and the subsequent funding agreements with Quebec, the Cree Health Board has made major investments in health and social services and facilities in the communities.
Health outcomes have, with some exceptions, improved significantly in the Cree communities, including for gastroenteritis, which was resolved through the improvement of water and sewer infrastructure; tuberculosis; life expectancy; infant mortality; and child hospitalization.
Suicide rates in the Cree region have been below the Canadian average since 1975 and far lower than for First Nations people in Canada generally.
New health challenges have emerged since the James Bay agreement, including Type 2 Diabetes. However, due to concerted health-service efforts, the number of new diabetes cases is slowly decreasing.
Certain health determinants, like education and average income, have improved from 2006 to 2016, while other contributing factors, like overcrowded housing, remain a serious concern.
In conclusion, I hope that these comments will help the committee to appreciate the importance of the Cree Nation Governance Agreement, the Cree Constitution and Bill C-70 for the Cree Nation of Eeyou Istchee. It has been a long process and we are very near to bringing it to a successful conclusion.
We encourage the members of this committee to support the prompt adoption, by the full Senate, of Bill C-70 to give effect to the Cree Nation Governance Agreement and the Cree Constitution in order to advance Cree self-government and reconciliation between the Cree Nation and the Government of Canada.
I thank you for your attention. My colleagues and I will be happy to answer any questions that you might have. Meegwetch.
Senator Patterson: Congratulations on the end of a long journey that entailed a huge amount of work, I understand, and for your very clear presentation on the scope of that work.
I’d like to just ask a really simple question, hopefully. Why did it take so long, and were there some hurdles that you had to overcome? Could you describe what those were, please?
Mr. Bosum: The 40 years or the 10 years?
Senator Patterson: How about 10 years for starters?
Mr. Bosum: I’m going to answer part of it, and I’ll ask Bill to answer. I think that part of it had to do with the fact that, as I mentioned, the James Bay and Northern Quebec Agreement is the first modern treaty, and we were negotiating with a department that was still operating under Cree self-government policy. There are certainly a lot of things in the policy that we don’t agree with. So, it has taken some time for the parties to come to terms and to create a process to see what the alternatives were.
Bill Namagoose, Executive Director, Grand Council of the Cree, Eeyou Istchee: To answer simply, we had a impasse for years and years. As the grand chief explained, the federal government position was that they wanted to impose the self-government policy on the Cree, whereas the Cree position was that we wanted section 9 of the JBNQA, which is a treaty, to prevail over the policy and that that should be the source of the Cree Nation’s governance. That impasse lasted for many years.
We only broke the impasse when the senior ADM called me one night and said, “I agree. Treaty trumps policy.” That broke the impasse, and we began negotiating under the JBNQA, not under the self-government policy.
As you know, the self-government policies are at the discretion of the government. We wanted a solid, long-term agreement, not at the discretion of the policy-makers in the Government of Canada but under the protection of the constitutional document and under a treaty. That was the impasse.
Senator Tannas: Thank you for being here and congratulations on both your patience and your persistence. I intend, as I’m sure most senators do, to support this bill. We will pass it with a speed you are not accustomed to, let’s put it that way.
You heard my question to the officials with respect to the cost, not only in time but also in money that would have been better spent, with all due respect to Mr. Hurley, in other places. Can you give me some hope? What you’ve achieved here strikes me as a template for the future, but I would like to hear your thoughts on what you’ve achieved as a template for future negotiations so that your time and money can be leveraged at least for the benefit of other First Nations that will be coming up with their own agreements. Could you comment on that?
Mr. Namagoose, you spoke about the impasse. I’m a business guy. I know when we get into complicated deals, that is, when the lawyers are back and forth and all our people come to an impasse, there is an opportunity usually for what I’ve come to know as a “principles conference.” That is, the actual bosses sit face to face and sort it out. They either come to an agreement or everything really falls apart then. Usually, there is negotiation back and forth with the principles and then new instructions are given and away you go again to complete an agreement.
Was there ever a time when you felt you were, in the truest sense of nation-to-nation, in some kind of a principles conference? If so, did it come fast enough? Can you give us some lessons and learnings for the future for others who may be watching this?
Mr. Bosum: To answer the impasse issue I’ll ask Bill, and on what we have learned I will ask our former grand chief Matthew Coon Come.
Mr. Namagoose: On the impasse, as I said, the dam broke when the senior ADM, Joe Wild, said that treaty trumps policy and the negotiations began.
The former grand chief had meetings with the minister to break this impasse. Maybe he could elaborate on this.
[Editor’s Note: Mr. Coon Come spoke in Cree.]
Matthew Coon Come, Former Grand Chief, Grand Council of the Cree, Eeyou Istchee: It gives me great pleasure to be here today. I just got back from our hunting ground. As you know, I am semi-retired. I’m no longer the grand chief. I’m enjoying the rights of our people to enjoy the hunting, fishing and trapping way of life. I came out from the land and I thank the leadership for their kind invitation.
Upon reflection, there was a vision by the leadership of the Cree Nation, led by great hunters who were people who live off the land. They gave direction to their young leaders, led by Chief Billy Diamond, Robert Kanatewat, and others, who carried the vision to be self-governing, self-determining and self-sufficient—a dream that I felt we had the honour to fulfill. I believe this governance agreement and Cree Constitution fulfills and does justice to that vision.
The governance agreement and the Cree Constitution are a result of a long Cree struggle to fulfill the vision of the Cree Nation. The agreement itself is a real form of reconciliation. It’s a real form of nation-to-nation building. The Cree Nation themselves have focused on community building, but in the last 20 years, since the new century, we have focused on nation building. We have signed 80 major agreements with Canada, with Quebec and with industry. The important ones are La Paix des Braves, signed in 2002; the new relationship agreement with Canada, signed in 2008; and in 2012, we signed with the Government of Quebec a new governance relationship.
We were setting up a policy of inclusion, where Crees could have a say in the way development is put in place and how we can set up our structures so we can be transparent and accountable to our people.
Each First Nation has determined what they think is best for them. There is no one size fits all. The leadership of the Cree Nation was able to inform the young leadership of the desire to be masters of their own destiny. In conveying that, as young leaders at that time, we were able to carry that and implement it.
There is no real template, I suppose, but when there are principles of respecting and honouring agreements and treaties that have been signed, when there is respect for coming to a table to negotiate with mutual respect, when there are efforts by governments to deal with a new framework and to think outside the box, that was the challenge for the Crees.
Regarding the agreement itself, there was always an attempt to try to put it within the Indian Act frame, within government policy, when in fact this was a new, modern land claims agreement that had never been done before. It created some creative thinking, to do something that had never been done before.
When there is an effort by both sides—the federal government and the Cree Nation—and a willingness to negotiate and resolve, that is a classic example of an agreement.
Yes, it is a long process. I have had several meetings with ministers. But I think the real turning point, as Bill Namagoose explained, was when he met with Joe Wild, the ADM. That was the real turning point. You and I know politicians and elections come and go, but the bureaucrats always stay. Sometimes the bureaucrats who have been around a while know the issues and make strong recommendations. In this case, they were jointly agreed to by both the Crees and the federal government.
Senator McPhedran: Thank you, Senator Tannas, for your question. It lets me build on the general theme of lessons learned.
Let me both welcome and thank all of the speakers that we have with us today and also many of the leadership of a number of different Indigenous nations that are with us as well today. I think we all have a sense of what an important precedent this is.
My question goes to a point made by you, Chief Bosum, about gender balance. I wanted to ask about lessons learned in that area, and I wanted to particularly invite Youth Grand Chief Kaitlyn Hester-Moses and Deput Grand Chief Mandy Gull to add anything from their perspective as well.
I can’t resist also acknowledging and welcoming Dr. Coon Come to the meeting. Over 30 years ago, women leaders and Indigenous leaders, including Dr. Coon Come and I, stood in the cold outside the convention centre demonstrating against the Meech Lake Accord and the negotiations. This goes to my question about lessons learned, because we’re talking about not only formal negotiations but also strategies.
Thank you for the information about a turning point with civil servants, but that whole process of trying to have Canadians understand why, in this case, the Meech Lake Accord was wrong in terms of women and Indigenous rights, and the standing together that occurred. The strategy that I remember was the day that Indigenous leaders said to us that they were out of here because they'd figured out something way more strategic than just opposing this agreement. That, of course, led to Elijah Harper standing in the Manitoba legislature, holding the eagle feather, and that was the strategic turn in terms of that particular constitutional event.
If I may, both in terms of strategy and specific implementation mechanisms, can you help us understand what has been learned and what would be recommended for reaching where you are now, which is you’re virtually at gender balance?
Mr. Bosum: Thank you very much for those two questions. I’m first going to turn to Kaitlyn Hester-Moses, who is the Youth Grand Chief. She has also brought along a number of youth chiefs from our community.
[Editor’s Note: Ms. Hester-Moses spoke in Cree.]
Kaitlyn Hester-Moses, Youth Grand Chief, Grand Council of the Cree, Eeyou Istchee: Good morning. First, thank you, chair and committee.
My name is Kaitlyn Hester-Moses, and I am the Youth Grand Chief for the Cree Nation Youth Council of the youth of Eeyou Istchee. I am very honoured to be here with you all. I’m very grateful to stand and witness this for the Cree youth and people.
The youth of the Cree Nation have grown up with and have learned about the remarkable achievements of our Cree Nation, the recognition of our Cree and Indigenous rights. We have seen how the transformation of those rights into tangible benefits for our communities and for our people who have improved our lives. At the same time, we have seen how our Cree Nation has contributed to setting a standard for the expression of Indigenous rights across the country.
With this governance agreement, our Cree Nation will continue to enhance our self-governance. With this agreement, we will mark another milestone on our journey toward the Indigenous nation building.
As youth we have come to understand what the achievements of our Cree Nation have been all about, creating a positive and optimistic future for us.
For the generations of our Cree people, we understand that with these achievements comes responsibility. It will now be up to us, the youth of the Cree Nation, to acquire the skills and training required to govern ourselves well with effectiveness, accountability to our people, and transparency.
On behalf of the youth of Eeyou Istchee, I wish to express our gratitude to our current and past leaders of the Cree Nation who fought so hard and for so long to reach this day. I would like to express our gratitude to the Government of Canada for being a respectful partner with the Cree Nation on this important journey of ours.
Thank you. Meegwetch.
[Editor’s Note: Ms. Gull spoke in Cree.]
Mandy Gull, Deputy Grand Chief, Grand Council of the Cree, Eeyou Istchee: I’m just going to touch briefly on some of the advances we have made as a Cree Nation. With the implementation of the James Bay and Northern Quebec Agreement, we’ve had the opportunity to showcase initiatives that have touched heavily on women’s rights. As a newly elected female leader, only the second to hold this position, held by former Deputy Grand Chief Violet Pachanos, who sat alongside of Dr. Coon Come, it's really a privilege to represent women of the Cree Nation. As Grand Chief Bosum mentioned, I was elected this summer. I had very large support from women in the Cree Nation..
Being a female beneficiary of this nation, I can see that there are going to be interesting advances for the state of women. The majority of graduates attending post-secondary schooling under the Cree School Board, which has been afforded to us under the JBNQA, are women, often young women who have children and families.
I, myself, was a graduate of the post-secondary student services program. I was offered the ability to attend university and complete university, which I don’t think would have been a service that I would have had access to had we not had the James Bay and Northern Quebec Agreement and the creation of the Cree School Board and the Cree Health Board.
In addition, the Cree Health Board has instituted many programs that have been of benefit to women. Most notably, recently, we had the birth of the first Cree child in the community of Chisasibi, with the assistance of midwives that are Cree women. I’m very proud and honoured to know that our nation continues to grow, and we are now offered the opportunity to give birth to new life and to bring new members into our nation within our home territory.
In addition, the Cree Nation has been very open and committed to advancing women’s rights. I believe the creation of the Cree Women of Eeyou Istchee Association was one of those major steps where we do have local women’s groups that provide support, activity, information and training to various women in the community.
We are a tad bit over 50 per cent of the population, so I do feel there has been a lot of effort. I, myself, have had the opportunity to train under many great leaders, and I feel that they have always been very open and respectful to women. I’m very pleased to report on a few of the items that have been carried out in the Cree Nation. Thank you.
Senator Raine: Thank you very much. It’s wonderful to hear the successes that you are having. Congratulations for having so many women involved in the community and the leadership. I always think of it in terms of a yin and a yang because it takes all of us working together to really make things happen and to create strong, healthy youth.
I would like to ask about how your health program is going. Are you working together in terms of programs and promotion and education around active healthy living for young people? Your communities and your people have had a huge change from a very nomadic way of life to now being in settlements. All over the world families, parents and children are grappling with too much time on devices and not enough time outdoors in healthy exercise.
If you could comment and perhaps give us some insights as to what you see as the future in your health and education programming in this regard.
Ms. Gull: I am aware that both the Cree Health Board and the Cree School Board have undertaken significant initiatives in the past 5 to 10 years where they’ve really done a lot of work in planning the strategic approach that they’re going to undertake with service delivery.
With the Cree Health Board, they have showcased a lot of building of governance, of the board members, of training the board members and having the board understand the service that they provide to the community. They’ve undergone extensive training programs to train, educate and hire Cree nurses. There is a big increase of individuals who have become certified nurses.
Being a community member that receives service at the local clinic, the fact that you can go into the clinic and speak to somebody in your first language really helps. It’s been of great assistance to elders.
Of course, we also have launched initiatives where we have information on traditional birthing methodologies and traditional medication used for raising your children. In addition, with the midwifery program, there is the opportunity to give birth in the community.
We have a number of other programs that really focus on a Cree healthy lifestyle. I think that these are unique, make use of the Cree way of life and showcase and encourage it.
For the Cree School Board, they have also undergone an extensive process where they’ve carried out strategic planning and have identified a number of targets and markers that they wish to achieve over the next couple of years and have really put a lot of effort into training Cree language teachers, having individuals teach Cree culture and showcase the Cree way of life, where children are able to learn these things in and out of the classroom. Most notably, recently, we had an engagement session on Cree language, where we’re focusing on showcasing a commission that will undertake methodologies and create protocol and processes for incorporating the Cree language as the official language of the Cree Nation, to be used in the workplace, to be used in the classroom, to be used in the clinic. It is our first language. We do speak it when we are in session at our government meetings. We speak it most often in the workplace.
Informally, it is the spoken language used every day in the community. I am very proud to say that our nation has maintained its language and has maintained a very close connection with our territory and continues to hunt, fish and trap seasonally.
Ms. Hester-Moses: The Cree Health Board aims to improve, and focuses on improving, the health for our people, especially the young people. The Cree Nation Youth Council has a lot of programs that help our youth to develop their health leadership in any way that we can.
I know that the youth find healing out in the land. I know that there are also a lot of partnerships in the Cree Nation with different organizations to improve and enhance our mental health, physical health and spiritual health.
We will continue to find ways to help our young people because we are the future of our Cree Nation. We will trust our Cree leaders to help us to find and direct our way because they have been leading us for a long time, and they have been working really hard to get where we are today. We trust that our leaders will train and help us in any way that they can.
Senator Deacon: Thank you, all of you, for being here today. It's just a fantastic representation and very nice to have all of you in the room this morning. I am listening, and perhaps Senator Tannas and Senator Raine have touched on some of these pieces.
This has been a long journey, absolutely, and we have heard the numerics around this. It has been a really long journey on the one hand. On the other hand, it’s a journey that is just beginning. You’re looking at the yin and yang. You’re looking at this piece as moving forward and something to celebrate.
You’ve talked about the vision of the leadership of the Cree and what you can be and what you need to do. My question, just pulling this together—and Kaitlyn, I would come to you first—we’re looking at the youth. There's a great legacy from the folks around the room today, a great legacy of hard, hard work, but, if you are looking at young people as youth chief, the 6-year-olds and the 4-year-olds and the 10-year-olds, what are the two or three things that you think you might observe over the next decade as a result of today?
Mr. Bosum: If you don’t mind, while she’s thinking about it, can I direct that question to Paul John Murdoch, who is sort of our young lawyer. He has seen some of this and I’m sure he has a vision.
[Editor’s Note: Mr. Murdoch spoke in Cree.]
Paul John Murdoch, Lawyer, Grand Council of the Cree (Eeyou Istchee): I think one of the interesting things, especially with this agreement going through the consultation process, is how quickly youth recognized the tool it could be for going forward. I’m happy to see that there are some of them here with us in the audience today, including Kaitlyn. I think, because we’re building on, as Kaitlyn was talking about, working with past leaders. I got to work with Dr. Matthew Coon Come, Dr. Ted Moses, Grand Chief Mocach and now with Dr. Abel Bosum.
There is a very intimate relationship between youth and leadership. I myself, as a nephew, got to learn a lot from Billy Diamond, and, at the same time, because it’s a personal relationship, you don’t realize you’re being taught something. There is a watching and a listening, that happens, and you tend to learn a little better when it’s not an actual lesson.
Just seeing this agreement coming forward, I think it was a month ago when we already started getting calls from youth. “When can we get our hands on our constitution? When can we make it more Cree? When can we enshrine our language rights? When can we address all kinds of things like gender equality and so on?” So there is a real excitement around this agreement.
The other thing that came about when we began this consultation, because it builds on the Cree-Naskapi (of Quebec) Act, was that there were immediately a lot of questions, even some misunderstanding. People didn’t understand where the rules came from on how a chief is elected. How do you decide quorum? How do you decide all of these issues? So, because we’re taking control of those, one of the first things that we talked about was that the Cree Nation Government and the Youth Council are going to work together to do TV shows to explain how we govern ourselves and where it comes from. That way, when they go to take the next step, they at least know where we’re coming from.
It’s a very exciting process, and I think there is a lot of hope and excitement on the youth in that regard.
[Editor’s Note: Senator McCallum spoke in Cree.]
Senator McCallum: Thank you for coming to join us in sitting around the table. I just wanted to make some comments.
With the history of keeping your culture, spirituality and land-based connection through bridging programs like the ISP that kept you hunting as a family unit instead of going to individuals, like what has happened in my community, you were able to keep that and now use that alongside Western health services.
When I look at your strategic objectives, I’m very glad to see that you have your social determinants of health. It’s something I have not seen in different programs. You have strategic objectives in a lot of areas, like first-line services, specialized, chronic diseases. The two I wanted to especially comment on are mental health and addictions. It’s the first time I’ve seen sexual abuse being a priority. We have a lot of sacred cows in our communities, things that we don’t want to touch on and that you have been moving forward. I’m so very happy to see all this that you’re implementing.
When we were in Winnipeg, we touched base with the Indigenous people who live off reserve. They really didn’t have a voice in accessing urban health care. How will you make provisions to listen to those voices and look at the issues that they have in the cities and towns?
Mr. Bosum: The James Bay and Northern Quebec Agreement provides and offers to Cree people the option of pursuing the traditional way of life—that is, living on the land and so forth—and the contemporary lifestyle, namely, working in the community and getting in employment in the region.
Through these agreements, we have developed all kinds of programs to assist those who are living on the land. For us it’s very important because they occupy the land. While they are on the land, they’re able to maintain that way of life and bring it back to the communities.
Together with institutions like the Cree school board and the Cree health board, who have their own responsibilities in education, health and social services, we are finding ways to work together to bridge the gap so that the people that are out on the land feel that they’re part of the whole process, the whole development.
This is very unique. I think we’re somewhat blessed that we have people who still want to live on the land. We have the land, obviously, that we can go to. That explains why we’re always on alert for any kind of development in the territory, because we know that whatever happens will affect that way of life and those people and what our future can be.
It’s important for us to maintain a good balance between those two ways that are offered in the James Bay Agreement.
Senator Christmas: Congratulations. I want to honour your leadership for your patience, persistence and resilience in overcoming all the obstacles that you have overcome in this journey. I appreciate your sharing of the lessons you have learned along the way, especially that the treaty trumps federal government policies. That’s a powerful lesson.
The question I have is open-ended: Can you explain how this agreement will make Canada a stronger and a better place?
Mr. Namagoose: The agreement is in part fulfillment of Canada’s obligations to Indigenous people.
We have 20,00 people in northern Quebec and 95 per cent of our people are still living in Cree communities. So we have retained our people. It’s a successful model, but we need Canada’s and Quebec’s participation to maintain that success. When the Cree succeed, Canada will succeed.
The Chair: We will move now to clause-by-clause consideration.
Senators, given that the room is full, normally, we would have the witnesses leave the table. Could I have a motion to allow the witnesses to remain at the table?
Moved by Senator Patterson. Is it agreed?
Hon. Senators: Agreed.
The Chair: Carried. Thank you.
Is it agreed that the committee proceed to clause-by-clause consideration of Bill C-70, An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts?
Hon. Senators: Agreed.
The Chair: It is agreed.
With leave, is it agreed that the committee be allowed to group clauses by the three parts identified in the bill when appropriate?
Hon. Senators: Agreed.
The Chair: It is agreed.
Shall the title stand postponed?
Hon. Senators: Agreed.
The Chair: Agreed.
Shall Part 1 entitled, “Cree Nation of Eeyou Istchee Governance Agreement Act,” containing clause 1, carry?
Hon. Senators: Agreed.
The Chair: Agreed.
Shall Part 2, entitled “Cree-Naskapi of Quebec Act,” containing clauses 2 to 123, carry?
Hon. Senators: Agreed.
The Chair: Agreed.
Shall Part 3, entitled “Transitional Provisions, Related and Consequential Amendments, and Coordinating Amendments,” containing clauses 124 to 135, carry?
Hon. Senators: Agreed.
The Chair: Agreed.
Shall the title carry?
Hon. Senators: Agreed.
The Chair: Agreed.
Shall the bill carry?
Hon. Senators: Agreed.
The Chair: Does the committee wish to consider appending observations to the report?
Hon. Senators: No.
The Chair: Shall I report the bill to the Senate?
Hon. Senators: Agreed.
The Chair: That’s it, the bill is carried.
Hon. Senators: Hear, hear!
The Chair: Congratulations.
(The committee adjourned.)