Bill C-28 (Historical)

An Act to amend the Cree-Naskapi (of Quebec) Act

This enactment amends the Cree-Naskapi (of Quebec) Act, in respect of Cree bands and Category IA land,
(a) to provide the Cree Regional Authority with additional responsibilities and powers, including by-law making powers; and
(b) to recognize the Crees of Oujé-Bougoumou as a separate band and a local government under that Act.

[James A. O'Reilly, Legal Counsel, Oujé-Bougoumou First Nation]

Thank you very much, Mr. Chairman.

It has been a long time since I've been before the Standing Committee on Aboriginal Affairs. I've been working as a lawyer in regard to various Indian rights and claims for 43 years now. I was involved with the James Bay and Northern Quebec Agreement. Prior to that I had quite a huge battle with the Quebec government, the federal government, and Hydro-Québec.

This is a culmination of a very long quest for the Crees of Oujé-Bougoumou. As Mr. Namagoose has just told you, Chief Wapachee and Mr. Abel Bosum, who was chief for quite a while during the long trek, are out practising their traditional way of life. Unfortunately, you just have me as the witness for Oujé-Bougoumou. But I have been intimately involved in virtually every step of the way since the early 1980s.

It's not often that I can commend the justice department, because I've been locked in vicious battles with Canada throughout the land, in litigation in particular. In this instance, certainly in the last number of years, there has been exemplary cooperation. I point this out to your committee because sometimes, if the initiative were to come from Canada rather than having to come all the time from the aboriginal peoples, you might be amazed at the results.

Often Canada has a defensive position because it's attacked in court. Usually people go to court because they just can't come to agreements or compromises, because the parties are too far apart in principle. I suggest to your committee, in its work, that you consider asking the Department of Justice whether it shouldn't be taking a real advocacy role far more often. By advocacy role, I mean initiating the process. Don't wait for the aboriginal peoples, and for people to say, “Well, we're too far apart.” That's a personal recommendation that I've been wanting to make for a long time.

This is an example. The Oujé-Bougoumou were scattered throughout northern Quebec.

I believe that the Bloc Québécois members are the ones most concerned here because this involves their territory. They know that none of these battles were easy.

No one recognized them — except for the Cree Nation. Since the 1980s, they have made tremendous efforts to integrate themselves, to fit under the James Bay and Northern Quebec Agreement, along with their brothers and sisters from the other communities.

In terminating, I want to thank, this very rare time, the lawyers from the Department of Justice and the external lawyer, Ms. Deborah Corber, whom the Department of Justice hired. These were tough technical positions to have to try to refine in legalese, or legal language, but they accomplished it, and in a cooperative spirit. Maybe this is a new dawn, as I'm about to trod off to other areas, but certainly I think that one of the keys to better solutions for relationships between Canada and the aboriginal peoples of Canada is a cooperative spirit, which is exemplified here, in regard to the Department of Justice and the Government of Canada as a whole.

With that, and reiterating what Mr. Namagoose has said in his presentation, I will say that Oujé-Bougoumou is strongly in favour of Bill C-28 . Have no doubt about it, they've been wanting to have this day come--and the day when Bill C-28 will be, hopefully, proclaimed into law--for a long time. The complementary agreement is virtually finished. You see the parallel in the complementary agreement and Bill C-28. Parliament will have the chance, when it is filed in Parliament, for approval through a negative resolution to review the complementary agreement if there are any concerns whatsoever with it.

Thank you very much, Mr. Chairman. It is indeed a pleasure to come back.

[Bill Namagoose, Executive Director, Grand Council of the Crees]

[Witness speaks in Cree]

First, I'd like to thank the members for this opportunity to speak in favour of Bill C-28. We are delighted that Bill C-28 received all-party support in the House of Commons on May 7 and was referred to the standing committee.

The amendments contained in this proposed legislation comply with those that it was agreed would be recommended in the 2008 Canada-Cree New Relationship Agreement. The amendments will put the Cree community of Oujé-Bougoumou on the same footing as the other Cree communities with respect to local governance, as was agreed to with both Canada and Quebec, and the amendments will bring about an evolution of Cree governance structures from those originally recognized and agreed to in the 1975 James Bay and Northern Quebec Agreement.

The Cree community of Oujé-Bougoumou is composed of the families of Crees who once were known as the Doré Lake Crees and who, at the time of the negotiation of the James Bay and Northern Quebec Agreement, had been forced by mining development to relocate to other Cree communities and to camps around the region of the town of Chibougamau.

At that time in the early 1970s, the parties to the James Bay and Northern Quebec Agreement—the Crees, Canada, and Quebec—agreed to provide a just settlement for this community through subsequent discussions. These discussions culminated in the agreement in 1989 between Oujé-Bougoumou and Quebec and the Oujé-Bougoumou/Canada Agreement of 1992. Both these agreements dealt primarily with the long overdue construction of the community of Oujé-Bougoumou, but also provided for the integration of the Crees of Oujé-Bougoumou into the James Bay and Northern Quebec Agreement.

However, several issues and controversies remained outstanding. In 1993, the Crees of Oujé-Bougoumou instituted distinct legal actions against Canada and Quebec respecting their aboriginal rights, their status, breach of trust by Canada and Quebec, and claims for damages, including those from the forced relocations.

Resolution of these claims with respect to Quebec was provided for in the Paix des braves agreement signed with the Government of Quebec in 2002. An out-of-court settlement was reached with Canada in 2008, pursuant to the Canada-Cree New Relationship Agreement. The Oujé-Bougoumou/Canada Agreement of 1992 contemplates specific amendments to the Cree-Naskapi (of Quebec) Act respecting Oujé-Bougoumou, and Bill C-28 satisfies this important undertaking of Canada.

The Cree governance structures set out in the James Bay and Northern Quebec Agreement provided for the setting-up of a Cree Regional Authority under provincial legislation to oversee certain Cree responsibilities in respect to Cree involvement in regional governance and in regard to matters delegated to it by the Cree communities. Provisions in section 9 of the James Bay and Northern Quebec Agreement also provided for the incorporation of the Cree communities in federal legislation distinct from the Indian Act. The resulting Cree-Naskapi (of Quebec) Act was the first local self-government legislation for aboriginal peoples in Canada, and it broke from the colonial tradition of the Indian Act.

The Cree-Naskapi (of Quebec) Act was passed by Parliament in 1984 after several years of discussion between the parties and consultations with the Cree communities and the Naskapi Band. With great difficulty, a new funding regime was eventually put in place by Canada that was compatible with the assumption by the Cree communities of new responsibilities in respect to the planning priorities for their development and administration.

After adoption of the act, and to the present day, the Grand Council of the Crees of Quebec/Cree Regional Authority has acted as a forum for the concerted implementation of the act. It also continues to be the guarantor and protector of Cree rights. While the act opened the door for the assumption by the Cree communities of certain responsibilities concerning their development, there were still many aspects of the James Bay and Northern Quebec Agreement that had not been properly implemented by Quebec and Canada.

It was the announcement by Quebec of its intention to build further hydroelectric development projects in the territory—and particularly the Great Whale hydroelectric project—that sparked the Crees in 1989 to take out a comprehensive court action that sought to stop the proposed developments and also sought the implementation of those numerous aspects of the James Bay and Northern Quebec Agreement that had not been implemented by Canada and Quebec.

Without going into the details of the 1990s struggle of the Cree Nation, suffice it to say that in 2002 the Quebec-Cree new relationship agreement, also known as the Paix des braves, settled certain legal disputes between the Crees and Quebec. It also resolved immediate issues concerning certain hydroelectric developments and set a clear example for Canada with regard to the implementation of some of its obligations to the Crees under the same 1975 James Bay and Northern Quebec Treaty.

Under the Paix des braves, the Crees assumed responsibilities for certain of Quebec’s obligations under the 1975 James Bay and Northern Quebec Agreement, and Quebec provided for the funding related to this for a period of 50 years. This largely resolved the lack of congruity between Quebec's priorities and programs and those of the Crees, which had largely been the cause of the legal disputes.

When Canada and the Crees entered into out-of-court discussions from 2005 to 2008, this model of devolving to the Crees the planning and setting of priorities for the certain of the obligations that were in dispute was found to be adaptable to the issues between the parties. However, Canada went further in accepting the Cree view that it was time once again for another step in the evolution of Cree government structures and responsibilities.

The last two whereas clauses of the Canada-Cree Agreement of 2008 state:

WHEREAS the Cree Nation and Canada seek to improve implementation of the James Bay and Northern Québec Agreement, to provide for the assumption by the Cree Nation of greater responsibility for Cree economic and community development, to provide for the achievement of increased autonomy, and to better respond to the traditions and needs of the Crees by ensuring that decisions respecting the Cree Nation will be made at a regional level; WHEREAS the Cree Nation and Canada have been working and will continue to work cooperatively towards an agreement and conforming federal legislation relating to a Cree Nation Government with powers and authorities, to be negotiated, beyond the scope of the Cree-Naskapi (of Quebec) Act;

Chapter 3 of the agreement also states a two-part program for the evolution of Cree governance. It states:

The purpose of this Chapter is twofold: a. As a first step, Part 1, in order to better enable the CRA to receive and carry out the Assumed Federal JBNQA Responsibilities (as listed in Section 4.3 of this Agreement), to equip the CRA with by-law-making powers similar to those of the Cree bands under the CNQA, through proposed amendments to that Act; b. As a second step, in Part 2, to set out a process for negotiations leading to a Governance Agreement, Governance Legislation and possible amendments to the JBNQA and to the CNQA concerning a Cree Nation Government with powers and authorities beyond the scope of the CNQA and its amendments in Part 1 of this Chapter. Such negotiations, if successful, would expand Cree Nation governance beyond the CNQA powers by establishing the structures and powers of a Cree Nation Government and the relationship of such Government with Cree bands and federal and provincial governments.

The amendments before you today in Bill C-28 accomplish part 1 of this program and are set out in chapter 3 of the new agreement. The discussions on part 2 are beginning, with the involvement of Canada, Quebec and the Crees. The intention is to present a new Cree Nation governance law for your consideration within three to five years.

In brief, the phase one amendments call for a recognition in the law of the following powers of the Cree Regional Authority: one, to pass bylaws that have force in the Cree communities and to provide for their public availability, and to provide for the passage of standards that exceed federal and provincial standards; two, these bylaws would include central sanitation services, housing, building use for regional governance, fire departments, protection of the environment, including natural resources; three, to manage funding and assets; four, to promote the welfare of the Crees and the Cree Bands; five, to preserve Cree culture, values and traditions; six, to assume certain federal responsibilities as may be agreed to; and finally, to empower the Eeyou-Eenou police force on category 1 lands.

Moreover, the agreement calls for Canada to consult the Crees on the amendments contained in Bill C-28. Canada has done this, and we are satisfied that the requirements of the agreement will be met by the proposed amendments, once passed by Parliament.

In fact, we commend the representatives at the Department of Justice for the courteous and insightful manner in which they have carried out their work in consultation with us. Moreover, both Canada and the Crees have consulted the Inuit through their representative organization, the Makivik Corporation, and also both parties have consulted the Naskapi Band. From both the Inuit and the Naskapi Band, we have received assurances that they accept and do not object to the amendments and that their rights are rendered safe and untouched by them.

We are pleased to answer any questions you may have.

First of all, Mr. Chair, I bring greetings from Grand Chief Matthew Mukash and Deputy Grand Chief Ashley Iserhoff. They were unable to make it today because they are practising their traditional way of life on the land, goose hunting. It's that time of year in our nation. Chief Louise Wapachee is out on the land also practising a traditional way of life. Some of us get to preserve our culture, and so I'm here on their behalf.

Also, as you know, Oujé-Bougoumou is part of the Cree Nation. James O'Reilly may have some comments with respect to this presentation.

[The Vice-Chair, Liberal, Todd Russell]

My name is Todd Russell. I'm vice-chair and I'll be filling in for our chair, Mr. Stanton, for a short period of time.

On the order paper today is BillC-28, An Act to amend the Cree-Naskapi (of Quebec) Act.

Witnesses appearing today for the Grand Council of the Crees are Bill Namagoose, executive director; Brian Craik, director, federal relations; Denis Blanchette, legal counsel, Gowlings Montreal; Pierre Pilote, legal counsel, Gowlings Montreal; and on behalf of the Oujé-Bougoumou First Nation, James O'Reilly, legal counsel.

I welcome you all here this morning. We look forward to your comments. I believe you've already been informed that because of the joint presentation we will allow about 20 minutes for you to speak in whatever order you please and to present as you wish.

I welcome the first speaker.

[Todd Russell, Liberal, Labrador, NL]

Thank you, Mr. Chair.

Good morning, Kevin and Paul. It's good to see you here again.

It's very interesting, but strange things are happening at committee, or just before committee. I listen to Kevin talk about the FFA with Nisga'a and then we hear the parliamentary secretary announce that they're seeking a different mandate than what you've been informed about. That's quite interesting. Maybe we should have committee meetings more often where you show up, so the implementation could be a little more hurried.

I would like to make one point, because a lot of times in the Canadian public there is a myth perpetuated, even amongst parliamentarians at times, that somehow you always come to the table asking for something. But land claims were a huge compromise for aboriginal people. They were a huge compromise. They came under a lot of stressful conditions at times and people gave up a lot. Aboriginal people have given up a lot in terms of their lands, certain rights to lands, and in fact, certain ways of living. I think Canadians always have to be aware of this, because there's a myth always being perpetuated out there.

We're dealing with Bill C-28, the Cree-Naskapi act, and problems stemming from a land claim agreement back in 1975 and subsequently in 1984. In Labrador we have the Nunatsiavut land claim agreement that was signed in 2005, and they're already experiencing problems with implementation and with the government living up to the spirit and intent of the treaty itself.

You've made these specific proposals to government, I understand. What has the government response been? What has the minister's response been to what basically are the four pillars, if I can put it that way, of a new treaty implementation policy? What has the minister's response been?

Also, is the minister going to be at the Land Claims Agreements Coalition conference this week? I understood that he was supposed to be there.

Cree-Naskapi (of Quebec) Act

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Madam Speaker, thank you for giving me the opportunity to rise here today to take part in the debate on Bill C-28.

I listened to the constructive comments made a member of the Standing Committee on Aboriginal Affairs and Northern Development, the hon. member for Nanaimo—Cowichan. It is nice to see such a constructive debate on a bill introduced by my hon. colleague, the Minister of Indian Affairs and Northern Development, the hon. member for Chilliwack—Fraser Canyon. It is nice to see the work accomplished by my colleague, the minister, in this file. As we have just seen, the best compliments we can receive are those of the opposition. We have just heard some very constructive comments in that regard. He was also supported by the team from Indian and Northern Affairs Canada, which I had the pleasure to serve, unfortunately not with the current minister, for obvious reasons. Nevertheless, I believe that this bill is the result of very hard work under the leadership of our minister.

Why is Bill C-28 so important? Because it amends the Cree-Naskapi (of Quebec) Act. Consider, for instance, the James Bay Cree and the Naskapi in the communities of Schefferville. This legislation enshrines their rights in Canadian law through a new relationship, as we have just heard. It was negotiated and signed by representatives of the Government of Canada and the Cree of northern Quebec.

The agreement concerning a new relationship is not an ordinary political document; nor is it a measure aimed at correcting an oversight or eliminating a loophole in existing law. Neither is it a standard commercial contract to be put aside as soon as the ink is dry.

The agreement concerns a new relationship and it marks a real milestone in the history of our country. It settles long-standing disagreements between the federal government and the Cree of northern Quebec. It assigns federal responsibilities in key policy fields to the Cree regional administration. It makes available to all governments—federal, provincial and Cree—a clear, equitable and logical method of achieving the essential objective of ensuring that the Cree people of northern Quebec will have genuine self-government.

As a matter of fact, if it succeeds in these three important objectives, the agreement concerning this new relationship will have accomplished what we should expect, that is, the establishment of a solid base on which the Government of Canada and the Cree can build this new relationship.

This is a relationship based on principles such as equality, confidence and mutual respect, which integrates the Cree more closely into the economic and political life of Quebec. It is a relationship that takes us out of the courtrooms and lawyers' offices and brings us together so that we can devote our time and energy to something truly worthwhile, namely, working to develop aboriginal communities, to strengthen families and to build communities where education, housing, and occupational, recreational, community and economic activity can fully develop. Those are the noble objectives at the heart of this agreement concerning this new relationship.

What is more important is that it not only provides tangible benefits to all the parties; but it turns loose some powerful forces within first nations communities, because they have ambitions. I am thinking, as I mentioned, of the nine communities in northern Quebec that lie east of James Bay and south of Hudson Bay. I think, among others, of Joe Linklater, chief of the Gwitchin Vuntut First Nation in the Yukon, who has spoken forcefully of the continuing usefulness of the kind of treaty that we are discussing today and of its impact on first nations communities. Here is what he said last year in his testimony to a Senate committee: “I keep telling people that these agreements have not been negotiated to obtain resources for us; they are negotiated to give us the ability to take charge of our lives and to become self-reliant.”

He speaks of taking charge and becoming self-reliant. Those few words sum up exactly what the Cree of northern Quebec expect from this new relationship. That is precisely what Bill C-28 will help them to accomplish by putting into law certain aspects of the agreement on a new relationship.

The solid footing and permanence of an agreement like this, and by extension Bill C-28, are no accident. They are the outcome of genuine consultations between federal government officials and the Cree communities, and between the Cree leaders and the people they represent. That means there were broad, far-reaching consultations at each stage of the process, from the negotiation of the agreement to the drafting of Bill C-28, including efforts to find new areas for collaboration.

This is what I mean by collaboration. The consultations started when negotiations began. They were not held at the upper level only, negotiator to negotiator. The leaders of the nine Cree communities in the region played an active role in the discussions about the main issues involved and in advising the negotiators on those issues.

The Cree leaders, with the negotiators, focused particularly on the question of governance. More specifically, they brought their experience and their perceptions to the negotiating process. They gave the managers of crucial community operations presentations on specific subjects and on important technical issues in connection with the agreement. In addition, the residents of the nine Cree communities were kept constantly up to date on the plans.

The virtually complete support given by the residents affected by the agreement is testimony to the value of those consultations. A majority of the Cree residents voted in a referendum and an overwhelming 90% majority of them voted in favour of the agreement. Today, it is clear to parliamentarians that the other party is in complete agreement with the kind of project developed by my colleague the Minister of Indian Affairs and Northern Development.

This agreement is the product of meetings between the federal representatives and meetings with the Cree leaders during the preparation of the bill, to ensure that it reflects the intention of the negotiators and assigns responsibilities to the regional authority so it can take over certain federal jurisdictions. As a result, Bill C-28 offers a promise for the future.

I would like to add that this consultation-based approach has continued and is still going on today. The governments of Canada and Quebec, with the Crees, have established a number of discussion forums. Those forums offer the three governments a structured process for negotiating the possible transfer of additional federal and provincial powers to the Cree Regional Authority.

I am convinced that this process of consultation and open participation in the new framework that has been developed in the last two years, with a relationship based on goodwill and trust, offers a fine illustration of the collaboration that has developed between the Canadian government and the first nations communities in this country. These values, of equality, respect and trust, are what are needed to promote self-determination by aboriginal communities and their progress toward self-government.

In conclusion, I of course urge my colleagues to support this bill, on which there is broad consensus. Naturally there are other challenges, but by working together with the first nations, who are a force for change—and we need only think of all the young people in aboriginal communities who can make a contribution to our economy and our social, cultural and community development—our society will be able to make an investment and reap the fruits of that investment.

I will be happy to answer any questions about this speech.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Madam Speaker, it must be a shock for the minister. Though he was not able to hear it, I actually acknowledged that the process over the last two years was fair and reasonable and that I appreciated how it was expedited. Maybe I did not actually get the words “Conservative government” out there, but there certainly is a shift in relationship, and I think it is a positive shift.

With regard to arbitration, I believe I did say that both parties have to agree to arbitration. I acknowledge it is important that first nations have the right to not go to arbitration.

We have seen in the past, and I am referring to the land claims coalition, that it has indicated the government has been unwilling to go to arbitration. In fact the land claims implementation is a very sore point for other nations that have signed land claims or self-government agreements. Again, it does not rest with the current government that in the past the land claims implementation has been a slow and painful process. I have looked at some of the previous Auditor General reports stating that governments not only need to implement the letter of the agreement, they need to look at the spirit and the intent. We have seen in the past with regard to land claims agreements that the department has crossed every t and dotted every i and looked for every possible way to not implement those agreements.

I know the land claims coalition will be in town next week. In the spirit of Bill C-28, since we have seen this move to improve relationships, I am ever hopeful that we will see some movement in terms of implementing those agreements in a fulsome way, honouring the spirit and intent of them.

With regard to the dispute resolution, I think it is going to be important for us to review how successful the dispute resolution mechanism has been once it is fully implemented and people have had an opportunity to use it. If it is successful, that may be a model that other nations want to look at adopting aspects of, as it fits their particular communities.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Madam Speaker, the parliamentary secretary and I served together on the committee. I do appreciate the hard work of all the committee members. It is one of the committees that functions quite well in this House, and I think that is a tribute to all members on the committee.

The thing I like about the dispute resolution process is the fact that the Canada-Cree standing liaison committee is the first step. Because there has been a drastic improvement in relationships between the Cree and the Crown, in this case the current government, we look forward to the shift in that relationship. People are coming to the table with goodwill to work on some of the issues.

Bill C-28 is symbolic of that. When the commissioners came before the committee two years ago, that was not the case. In fact they said in their 2006 report that it was essentially a poisonous relationship between the government and the Cree-Naskapi. We have seen a shift over the last couple of years in that relationship, and a willingness.

This dispute resolution process signifies that shift in relationship. The fact that we have this mechanism with the Cree-Canada standing liaison committee to refer matters to first, and if they cannot be resolved they are referred to mediation, is a positive step.

The parliamentary secretary asked me if I had any suggestions for improvement. I would hope that if matters end up having to go to arbitration the government would not stand in the way. I know that, generally speaking, parties have to agree to arbitration, but the government's track record in terms of going to arbitration has not been stellar. It simply has not agreed to do that. Again, it is not just this government, it was past governments as well.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Madam Speaker, like my other colleagues in the House, I am pleased to rise today in support of Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act. This is important legislation and I believe there will be agreement on all sides of the House to expedite it.

From the government's own briefing documents, I want to put this into context.

The Cree-Naskapi (of Quebec) Act is considered to be the first aboriginal self-government legislation in Canada. It recognizes local aboriginal government and established a system of land management before the federal government's 1995 inherent right policy.

The act came into force in 1984 in fulfilment of the Government of Canada's obligations under two historic agreements: the James Bay and northern Quebec agreement and the northeastern Quebec agreement.

The James Bay and northern Quebec agreement contains specific obligations in relation to the Cree Nation and the Inuit of northern Quebec. The northeastern Quebec agreement contains specific obligations in relation to the Naskapi Nation.

There is a lot more historical information but I want to get to the proposed amendments that are before the House. This is a very brief summary of them. The proposed amendments would carry out two main objectives: first, equip the Cree Regional Authority with additional responsibilities and powers, including bylaw-making powers, so that the authority is better able to receive and carry out certain specific responsibilities that were assumed by the federal government under the James Bay and northern Quebec agreement; and second, recognize the Crees of Oujé-Bougoumou as a separate band and local government under the Cree-Naskapi (of Quebec) Act.

I wanted to provide the House with that historical context because I also want to talk about the process.

It is important that the people who are actively involved in this be heard in the House through a member of Parliament, because, of course, community members do not have the right to speak in this place. Rather than my paraphrasing, I will use the words of some of the commissioners who came before committee on May 5. They talked a bit about the process and their support for this legislation and what else needs to be done.

We have before the committee Mr. Richard Saunders, the chair of the Cree-Naskapi Commission; Commissioner Robert Kanatewat, who is a Chisasibi on James Bay; and Philip Awashish, from the Mistissini of the Eeyou Istchee interior.

The commissioners came before committee because they wanted to talk about the Cree-Naskapi commissioner's report that appears biannually. Over a number of years, the commissioners, on behalf of their people, have raised the need for these amendments. We are talking about a 19 year process here.

Part of the reason that we are looking at these kinds of amendments is because when the initial agreement was signed in 1984 there was no parallel implementation plan and no requirement for an implementation plan in the legislation. Without that implementation plan, there were delays in moving forward on initiatives that would have benefited the Cree-Naskapi.

In a briefing note that was provided to committee by the commissioners, they talked about this implementation plan. They said:

Typically, the process of implementation, as in the case of the Cree-Naskapi (of Quebec) Act, has been that Parliament enacts legislation and its administration and implementation remains the responsibility of the Minister of Indian Affairs and Northern Development.

As a parenthesis here, I must say that the current Conservative government has inherited many of the problems that were seen under previous government regiments.

They go on in their briefing notes to say:

Throughout this traditional form of implementation, the Cree and Naskapi peoples are denied a meaningful role in the decision-making process even though they (the Cree and Naskapi) are most impacted by the application, administration and implementation of the Cree-Naskapi (of Quebec) Act. The conventional style of implementation is frequently insensitive to the actual needs and aspirations of the Cree and Naskapi peoples and has resulted in symbolic implementation that amounts to no real change in how decisions are made and in how things are done.

In the actual testimony before committee, when the chair of the commission was talking about this particular act and the proposed amendments and report, he said:

There's really not much disagreement on the part of anyone about that. It's really both a symbolic and housekeeping amendment and we're glad to see it. We would note, without being unduly cynical about processes, that this has been promised for the last 19 years and finally the amendment is here. Hallelujah!

That 19-year time frame reflects missed opportunities. It reflects the fact that governments over any number of years have disregarded the ongoing reports by the commissioners calling for these amendments.

The chair of the commission pointed out that this bill was largely a housekeeping bill and that there were other uncontested non-contentious amendments that were very necessary. The Cree is asking that the legislation be expedited and that the process that was used to get to these amendments, which has sped up over the last couple of years, be used to look at the rest of the non-contentious amendments so the peoples of that territory are not waiting 19, 20, 25 years for the next series of amendments that are largely housekeeping.

He goes on to talk about some of these other potential amendments. He says:

If I might just let me say where our concerns lie. This also reflects to some extent what the Cree leadership have told us many times. Recommendations for change to the act, housekeeping amendments, all sorts of things have been recommended, as I noted for 19 years some of them.

Some of these changes are things like referenda. He cites a particular instance:

If the Crees want to transfer a piece of land in a community to the Cree school board to build a Cree school on, they've got to have a referendum. Think about it. In your communities, how many folks would come out to vote on a referendum for the municipality to transfer a piece of land to the school board.

The Crees agree that in some cases a referendum is appropriate but they are saying that so many other levels of government do not require referenda to make decisions in their communities, nor do they have to meet the kinds of percentage levels that are required under the referendum parts of the original 1984 act. That is one housekeeping amendment that they are suggesting, and there are many more. Some are around how band council elections are conducted.

I would urge the current government to use the process that it has already put in place to get to these amendments to ensure we can expedite the next series of amendments.

While I am talking about that kind of process, I want to reference the United Nations declaration on indigenous rights, which talks about many different things, but in the context of this particular legislation before the House, it applies prior and informed consent and the right to make decisions on lands that are within the first nations' traditional territories. This legislation reflects that there is prior informed consent.

What we have heard from the commissioners and other representations is that the Cree-Naskapi and Oujé-Bougoumou feel that they have been included in the process that led up to this legislation and it does reflect the use of their own lands.

A number of members have talked about self-government. I want to use the words of the commissioners who appeared before the committee. They stated:

One of the things we've been pushing for years is the need to make the law accommodate and empower the Cree way of doing things, consistent with the charter and so on to make it a tool for the communities to use so that when the community decides to do something and it's a legitimate decision, then there is legislative capacity to give that effect and to protect it from attack from people who want to argue that the election was a day late and therefore it's invalid.

The problem is that very frequently the act doesn't sufficiently empower the communities. With all due respect, it's a great improvement over the Indian Act, but it suffers from some of the same straightjacket that the Indian Act has always imposed, and that's inevitable. Yes, it was written with negotiation but it was ultimately written by people who have written things like the Indian Act for years. There's a need to break out of that box and to make sure that traditional and customary law, to the extent possible.... And we all recognize the charter, the Criminal Code, and other instruments that we all respect and share, but within those contexts there's a need to make this act a tool of empowerment for the Cree community so they can get on with doing things.

In that context, the bill does not specifically deal with that. The next series of amendments that are required is to really take a look at implementing full self-government. As the commissioner pointed out, this is certainly within the context of the Canadian charter and other legislative frameworks, but what the Cree-Naskapi is asking for, not only asking for but is entitled to, is full self-government and a legitimate request that they be treated on a nation-to-nation basis.

We have heard from other nations that in the ongoing negotiations with the present government and previous governments, there has been a great deal of difficulty in recognizing that nation-to-nation status.

We heard this morning at committee from treaty one in the treaty land entitlement committee, that nation's nation status continues not to be recognized and, arguably, that we would see improved conditions in many first nations communities with that autonomy, that control over their own destiny, and so would look to the government to use this process that they have used to get to this new relationship agreement, to look at these amendments, because that could have a meaningful impact on communities.

I just want to touch for a moment on the new relationship agreement between the Government of Canada and the Cree of Eeyou Isctchee. This is a framework that was hammered out and part of the legislation today deals with a couple of elements in this framework agreement.

The dispute resolution process is not part of the legislation but I want to touch on it briefly because it is an important part. In other land claims implementation agreements, we have seen that the dispute resolution mechanism has not worked very effectively. Often the Government of Canada has simply stepped away or not consented to be involved in the dispute resolution if it does not see it as being to its benefit.

Under this new dispute resolution process, there will be a Cree-Canada standing liaison committee that will be the first place where disputes can be brought for resolution. I understand from the parties involved that they are optimistic that this will be much more successful in dispute resolution so that things do not get dragged out for decades before there is some conclusion to the differences in opinion. The Cree-Canada standing liaison committee is a first step. If that is not resolved, then there is an opportunity for mediation and then, ultimately, arbitration, although my understanding is that at the arbitration level the government must commit to going to arbitration if that is required.

I wanted to comment on that because it has been largely ineffective in other agreements. I look forward to seeing how this works. I am hopeful that this does expedite some of these claims and differences of opinion so that nations can get on with the kind of economic and social development that is so important for the lifeblood of their communities.

I want to touch on one other thing. Although it is outside the context of the act, it does bear raising attention. When the commissioners came before the committee on Tuesday, they raised a number of issues that they had raised during their appearances before the committee about two years ago, and housing continues to be an issue. As part of this current legislation, a substantial amount of money will go into the communities, but there is still an obligation on the government's part around housing.

I want to point out some of the differences in these communities. Part of it is that in other first nations communities people are leaving reserves. The commissioners were very careful to point out that this is actually not the case on the Cree territories. They are saying that the Cree has a 95% retention rate of their young people. The very success of those communities, economically, educationally and otherwise, is part of the pressure that is created on increased population growth.

This is about the fact that there is inadequate housing in the Cree communities. They wanted to point out that a template or a model that is used to create housing for some nations does not work in their territory because of the 95% retention rate. We have healthy, vibrant communities where young people want to stay, get their education and work. Therefore, we need policies that are not those template policies that are just applied across the board.

Quebec is looking for regional formulas that actually reflect the regional needs. I believe this legislation is an opportunity for us to raise some of these other issues and encourage the government to be proactive in working with the Cree communities in order to resolve some of these other issues.

The NDP is fully supportive of Bill C-28 and see it as something that can be used as an encouragement for other nations and for the Cree themselves in looking forward to some progress in some of those long outstanding areas.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, usually, we are the ones who put questions to the minister, who then thanks us. This time, I am the one who is thanking the minister for his question.

We are still working very hard on this issue. For the benefit of my colleagues, I should point out that this issue—and specifically Bill C-28—applies directly to my colleague's riding, namely Abitibi—Baie-James—Nunavik—Eeyou. I am very involved in this issue, which is very important and which I have been following very closely for a number of years. Even when I was working as a lawyer, I would follow these negotiations with great interest.

I will respond to the minister by saying that he is absolutely right. There should be such aboriginal governments in place. Since my reelection in 2006, I have been the Bloc Québécois critic on aboriginal issues. The main problem that comes to my mind is the lack of continuity. At some point, we will have to sit down and ask ourselves whether aboriginal community chiefs should be elected for a period of four years, instead of two years. We are giving this some thought. Personally, I am thinking about this issue. There is a lack of continuity, and that is the first problem.

The second problem is that it is impossible to have seven Algonquin communities that barely speak to each other, if at all. Yet, they have the same problems. I know the Algonquin nation well, because almost all of its members live in my riding, with the exception of the members of the Kitigan Zibi community, located in Maniwaki, in the riding of Pontiac, which is represented by the Minister of Foreign Affairs. However, these ridings are all adjacent.

So, why not sit together, make the same claims, and perhaps meet with the government to negotiate a similar agreement? After all, it is not a bad agreement. It is true that some communities may have a bit of a problem with that. In order to get along, it is important to sit down and talk about the same claims. Currently, if a mining company wants to conduct mining exploration in the Abitibi-Témiscamingue territory, it must deal with five communities. Why not consult the tribal council of the Anishinabeg Algonquin nation? Right now, companies consult the Attikamek, and they will consult the Cree communities. I personally think that we will have to go in that direction, because there are too many important issues affecting these communities.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, first, I would appreciate it if you could let me know when I have one minute left, because I think I could go on for at least 25 to 30 minutes. Since I only have 20 minutes, I will try to be brief.

I want to salute the students of the Polyvalente Natagan, located in the community of Barraute, in my riding. They are here today as part of a visit to Parliament Hill. I salute them. I am going to give them a brief geography and history lesson, and I hope that it will be part of their June exam.

We are witnessing a historic moment here, and I think it is important to mention it. I would like to pay tribute to the Minister of Indian Affairs and Northern Development, who worked on this project, and also to Matthew Mukash, Grand Chief and President of the Grand Council of the Crees, to Ashley Iserhoff, Deputy Grand Chief and Vice-President of the Grand Council of the Crees, to Roderick Pachano, authorized representative of the Chisasibi Cree nation, to Losty Mamianskum of the Whapmagoostui First Nation, to Rodney Mark of the Wemindji Cree nation, to Lloyd Mayappo of the Eastmain band, to Steve Diamond of the Waskaganish Cree nation, to Josie Jimiken of the Nemaska Cree nation, to John Kitchen of the Waswanipi band, to John Longchap of the Mistissini Cree nation, and to Louise Wapachee, authorized representative of the Oujé-Bougoumou Eenuch Association.

These people represent hundreds of Cree who signed a critically important agreement that led to Bill C-28. In this agreement, which I have here, it is clearly mentioned that a bill—and that is Bill C-28—would propose amendments to the government and to the Parliament of Canada, within 18 months of the coming into force of the agreement, which was signed on February 21, 2008.

It is now very important, not to say urgent, that we respect the signatures that appear on this document. This is why the government had to introduce a bill in this House to ratify the agreement. I am telling the students that this agreement must be ratified. It covers a huge territory in northern Quebec, north of the Abitibi-Témiscamingue region, on the edge of James Bay. That territory surrounds all the hydroelectric dams that Quebec wants to build. Therefore, it is a very important agreement that will help the Cree fulfill their desire to achieve self-governance.

It is important that I indicate that the Bloc Québécois will support this very important bill. The Bloc Québécois recognizes the right of the aboriginal peoples to self-government. This agreement gives effect to that right for the Cree nation. Obviously the bill does not solve all the problems. I think many of us would quickly vote for a bill if that were all it took to end poverty, alcoholism, diabetes and serious crime in isolated communities. Unfortunately, things do not always work as we would like. Some of the more frequent problems in aboriginal communities are inherent in living in what we call remote communities. It is important that we realize, that we sit down and negotiate with the aboriginal people, because one day we will have to understand that we are living on aboriginal land. Even this Parliament, in Ottawa, is on aboriginal land, Algonquin land.

We will have to understand that one day, and agree to negotiate and share this land with the aboriginal communities.

The Bloc Québécois recognizes that the aboriginal peoples are distinct peoples with a right to their cultures, their languages, and their customs and traditions, and with the right to determine for themselves how to develop their own identity.

This bill is a step in that direction, in my opinion, and that is why I have recommended that my colleagues in the Bloc Québécois not only support the bill, but do so as quickly as possible, to expedite the implementation of the bill. I therefore hope that our Senate colleagues will give it speedy consideration so that Royal Assent can be given before the June recess.

Madam Speaker, before you took the chair, I said I would like you inform me when I have one minute left, or else I would have enough to say to fill at least half an hour or three quarters of an hour. I am not sure that some of my colleagues would appreciate it if I took part of the afternoon to talk about the importance of this bill, which has a direct impact on the aboriginal people in a region that certainly needs the agreements that will result from these bills.

It is rare for us to be able to say that the government has acted in concert with the Cree communities. In this case, it must be said. In fact, unstinting work has been done by the Grand Council of the Crees, but I also think that there was work done jointly, not only with the Cree communities but also with the government of Quebec and with the communities concerned. What we must not forget is that this affects the Naskapi communities. In Kawawachikamach—and I am eager to see how that will be translated and typed—there is a Naskapi community on the border of Labrador and it is affected by this agreement.

I asked the Minister the question and I got the answer I expected. This kind of agreement will have to be made for the Naskapi nation because it is a question of the development and survival of the aboriginal nations, and in particular Kawawachikamach, a very isolated community north of Schefferville. I would add, for my students who will have to look on a map to see where that community is, it is in the extreme eastern point of Quebec where it meets Labrador. The Kawawachikamach nation is a very important part of this.

Let us remember that this bill flows from the James Bay and Northern Quebec Agreement, which was signed in the 1970s. The Government of Quebec had made hydroelectricity a priority. As a result, it was necessary to divert rivers and construct hydroelectric dams. That produced the power stations known as La Grande-1, La Grande-2, La Grande-3, and now La Grande-4. They were influencing rivers that affected James Bay.

The problem was that nobody spoke with the Cree, who had been living on that land for thousands of years. There were lawsuits, injunctions and many legal proceedings before the government stopped and admitted that they were right in the middle of Cree ancestral land. They were obliged to sit down with them before planning to develop those hydroelectric dams. That led to the James Bay agreement that is now know as the James Bay and Northern Quebec Agreement.

Nine years after that agreement was signed, the first settlement agreements were reached. The Government of Quebec was concerned because of the hydroelectric basins; but the federal government was also directly involved because of the ancestral lands and the land claims of the Cree people.

Bill C-28 is the result of the agreement between the Government of Canada and the Cree of Eeyou Istchee that was signed February 21, 2008. The terms of the agreement call for it to be implemented within 18 months, and, if I count properly, those 18 months have almost expired. That is one reason why the Bloc Québécois will support this bill without reservation and will do its utmost to see that it is adopted at all stages.

I want to explain how that process works for the benefit of my students. Once the bill has been adopted here, it must be sent to a committee for review. We agreed this morning at the Standing Committee on Aboriginal Affairs and Northern Development that this bill would be reviewed and adopted quickly so that it will come into force before the end of the session, or the beginning of September, at the latest. That is absolutely necessary. Large sums of money are at stake.

I can respond immediately to a question from my colleague from Churchill about the amounts involved. One billion and 50 million dollars will be distributed over a number of years. The parties agree that within 30 days of royal assent, $100 million will be distributed to the Cree communities involved. That is why the bill must be adopted. Within 30 days of royal assent, the government must pay out another $200 million, so that a total of $300 million will be distributed very quickly after royal assent. One may think that is a lot of money for the Cree, but keep in mind the development of the Oujé-Bougoumou community alone cost $110 million.

A huge number of things remain to be done, and major issues need to be settled. I repeat, money will not solve the problems of alcoholism, health issues, school drop-outs and crime in the communities. Money will probably help isolated communities to take control of their situation, provide broader access to water, get their schools working better. Aboriginal people absolutely must take over control of their lives. This funding will be used to train tomorrow's leaders of the Cree community. There are some leaders now but more are needed. This money will go to help the communities.

The communities are experiencing a phenomenal growth spurt. Their annual birth rate ranges between 3% and 5%. In our fine communities, everything is great. We get the necessary services, garbage is picked up, drinking water is available at the turn of a tap. In aboriginal communities, water pipes have to be installed, housing has to be put up on land that is very often not that easy to build on. The funds will go to help the Cree communities to take charge of their future.

Another important point: this bill, which confirms the agreement, will allow the Cree community to enact bylaws in areas that affect it directly, public health and safety, protection of the environment and prevention of pollution, as well as all other sectors that are administrative in character such as the administration of justice and economic and social development. Last year, the Cree-Naskapi Commission, which administers and oversees agreements between the Cree and the Naskapi, made recommendations to us and Bill C-28, which I hope to see passed promptly by this House, will implement those recommendations.

There is also an agreement on what is termed the land. There are three categories, and I know this is highly complex, but there are Category I, II and lll lands. I could make a comparison with chicken grading. Those in what would correspond to Grade A, which is Category I, are the best, the closest to them. Then comes Category II, which are a bit further away, under provincial jurisdiction, for instance, and then Category III is Quebec crown land.

I have shortened my remarks so that I would not take up several more minutes of the members’ time. What I want to say is that an agreement has finally been reached with the Cree. We now have an Agreement Concerning a New Relationship between the Government of Canada and the Cree of Eeyou Istchee and can proceed with the definition of the land categories. This is very important and even the very heart of the agreement. There is not just money involved. We will finally know that this parcel of land is category I and that one is category II.

I will provide an example. We have even agreed that category II lands will cover an area of 155,000 square kilometres. These lands will be administered by the Cree and the regional authority. This is Quebec land too and authority is shared. We still have to determine who can hunt and fish, identify ZECs or controlled harvesting zones, agree on how ZECs will be organized, who will have fishing licences, and when they can go fishing. These are the category II lands.

Category I lands are under federal jurisdiction and they too are also in part under Cree jurisdiction.

The Cree and Naskapi have exclusive rights—and this gets important—over Category III lands. These lands cover 911,000 square kilometres, which is hard to imagine but let us try. My riding is 152,000 square kilometres, so these lands are five or six times as large. This is a huge area over which the Cree and Naskapi—agreements still have to be signed but talking for the moment about the Cree—will have exclusive rights and where their communities will participate in the administration and development of the land.

In the category IA lands—because there are I, IA, IB lands—it gets very complex and I would therefore like to congratulate everyone who worked on this project for so long, both personally and on behalf of the Bloc Québécois. Speaking of land categories, negotiations are currently being held with the Innu and the same debates will arise.

It is the same with the Attikamek south of Lake St. John. The entire reservation stretching toward Lake St. John and even a bit beyond is Attikamek territory. Beside it are Innu lands. All these divisions and definitions of lands will be very important and might be used—as time will tell—with the communities and grand councils, such as the Grand Council of the Cree. The Grand Council of the Attikamek and the Grand Council of the Innu will also be affected.

If I have one wish, it is that some day—and I am sending my Algonquin friends a message here—the Anishnabe will also form a single Grand Council of the Algonquin Anishnabe so that they can pool their knowledge and efforts and ensure that the government stops—I am weighing my words—exploiting them and confining them to small areas of land. They are not even consulted in connection with hunting, fishing or mining.

Since you are indicating that I only have two minutes left, I will go a little faster. I am going to conclude by saying that this is a very important bill which is the result of a good consultation process—and I mean that—between the federal government and the nine Cree nations. I do not think I am wrong when I say that, based on the information that I received, the 10 nations—because a tenth one will soon be recognized—are very pleased with this agreement, and they hope that it will be conveyed and adopted through Bill C-28, at the earliest opportunity.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, every part of Canada and different aboriginal peoples have a different sense of history and a different sense of tradition. In Labrador we have the Inuit, the Métis and the Innu. In Labrador we already have a comprehensive land claim and self-government agreement. It is called the Nunatsiavut agreement and it was ratified in June 2005. They already have moved to an area where the Cree of Eeyou Istchee want to be. It may not reflect the same type of parameters or powers, but this is where Bill C-28 helps the Cree move.

The Innu have their own vision of self-government and where they want to go. They are negotiating with the province of Newfoundland and Labrador and the Government of Canada. There has been some signing of an initial agreement called New Dawn with the Government of Newfoundland and Labrador, and I understand the negotiations continue with the Government of Canada.

To resolve land claims in Labrador and aboriginal rights and title, I have encouraged the minister and the government to seriously look at the comprehensive land claims as were submitted by the Métis Nation of Labrador so that all people in all of our communities are included, that they feel there is some settlement and resolution, that their aims and aspirations are taken as seriously as the other aboriginal peoples in Labrador and elsewhere in the country.

[Marc Lemay, Bloc, Abitibi—Témiscamingue, QC]

Mr. Speaker, I listened carefully to the hon. member, and I think he made thoughtful observations.

I would like to know if such an agreement could apply to communities in the province of Newfoundland and Labrador. Also, regarding such a proposed agreement, I would like to know if Bill C-28 could, without applying integrally, serve as a basis for negotiations on territorial agreements, or on self-government for communities located in the member's riding.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, it is my understanding from the new relationship agreement between Canada and the Cree of Eeyou Istchee that there will be no movement toward the more fundamental piece of a self-government agreement with the Cree, a Cree constitution and fuller Cree governance, without the passage of Bill C-28. Bill C-28 is an essential step in moving toward these more fundamental agreements.

I have not fully read the new relationship agreement, but I understand that the types of parameters that will guide the negotiations over the next five years toward self-government for the Cree of Eeyou Istchee are outlined in it. I will leave it to the negotiators in terms of what is finally put in the agreement.

Grand Chief Mukash, the commissioners of the Cree-Naskapi, and the negotiator, Bill Namagoose, see Bill C-28 as essential, but they also look forward to the promise of more comprehensive negotiations on this self-government agreement.

I understand there will be some recognition of the traditional governance of the Cree people. It is important to recognize what was there before settlers arrived, before there were other forms of government. It is essential because it lifts people up and it makes them feel valued.

I look forward to the day when we have new Cree governance structures and a new Cree constitution. I hope I am around to celebrate with the Government of Canada, the Government of Quebec and the Cree people themselves.

[Todd Russell, Liberal, Labrador, NL]

Mr. Speaker, it is my pleasure to speak to Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act of 1984. I want to thank the minister and the government for bringing this legislation forward in a rather expedited manner.

Essentially, this particular piece of legislation stems from land claims and the implementation of what we call modern-day treaties. The first such modern-day treaty was the James Bay and northern Quebec agreement of 1975, which I am going to speak about a little more as we move forward.

Negotiation and implementation has been difficult. It has been tough, time-consuming and burdensome, but these treaties have also been signs of hope, opportunity and promise. In 1975, the James Bay and northern Quebec agreement signalled a new time in the history of Canada and a new relationship with aboriginal peoples. However, even though it has been a new relationship and new processes have taken place, they have not been without their trials and tribulations.

Since 1975, there have been a number of comprehensive land claims signed in the country, in places such as the Yukon, the Northwest Territories, British Columbia, Nunavut, Quebec and Labrador, with a broad range of aboriginal peoples and nations: the Teslin Tlingit, the Gwich'in, the Nisga'a and the Inuit, but unfortunately, to date, no comprehensive land claim specifically with the Métis people.

If we want to look at the implementation of these particular treaties, the aboriginal peoples across the country signed these treaties with a profound sense of importance. I want to sum up that profound sense of importance in a Cree prophesy:

Only after the last tree has been cut down

Only after the last river has been poisoned

Only after the last fish has been caught

Then will you find that money cannot be eaten.

In that particular prophesy, and because of the nature of land claims where aboriginal people had to give up lands or give up certain rights for money, the negotiations are profound, because they come with a certain sense of permanence as well. The sense among elders in the community that in fact we sometimes have no right to give up land, that we are caretakers and stewards of it, makes these particular negotiations ever more heartfelt.

I say that because when we get to the implementation there are often difficulties in terms of interpretation and consistency. We will often hear this phrase amongst aboriginal people: We have signed this agreement, the government has certain responsibilities, both the federal crown and the provincial crown, but the honour of the Crown, what the Crown has promised, is not being kept to; there is not a sincerity.

I can say that it is happening with the Nisga'a, with whom I have met. They say, “Listen, we signed an agreement, and it has taken now seven or eight years to negotiate other aspect of the agreement, such as the financial framework agreements.”

I talked to the Teslin Tlingit, and they talk about the fact that it has been now over a decade and some of the aspects of their comprehensive land claim, such as the devolution of justice and enforcement, has not happened.

I even talk about the Nunatsiavut government in Labrador. “Nunatsiavut” means “our beautiful land”. I know these people. I know them well. Many are relatives. They say that even since 2005 there have been problems with implementation.

It is in this broad context that I talk about Bill C-28. I want to refer to Labrador specifically because I know it well. We have three land claims at various stages. I mentioned the Nunatsiavut government comprehensive land claim that was signed in 2005, which I was happy to be part of and was in this House when it was ratified.

There is also the Innu, which have signed a New Dawn agreement. They want to move forward to full ratification of their particular agreement because it creates some certainty for development, economic prosperity and social progression.

Of course, there is the Labrador Metis Nation, which I was president of for 11 years. It has had a claim with the government since 1990. It submitted additional information in 1996 and is still waiting for the Government of Canada to come to the table and negotiate outstanding issues.

Against this entire backdrop and in this context, we have Bill C-28. As I mentioned, in 1975, there was the James Bay and northern Quebec agreement. It did not contain implementation plans, and this gave rise to a whole series of disputes about interpretation and litigation.

There was also the northeastern Quebec agreement with the Naskapi in 1978, and then in 1984, the Cree-Naskapi (of Quebec) Act was established, which arose out of the James Bay and northern Quebec agreement. The Cree-Naskapi (of Quebec) Act has been termed Canada's first aboriginal self-government type of legislation. It provided for local governance for Cree bands on their own lands.

Within this debate are the precursors of what is happening in society today: the first modern land claim in 1975, and the first self-government type of agreement in 1984. Even though these agreements were signed, there were problems with implementation, and a series of court actions arose. To attempt to get some of these issues settled, there was an agreement with the Inuit and the Naskapi in 1990, but no agreement with the Cree of Eeyou Istchee.

In 1992, Canada and the Cree of Eeyou Istchee signed the Canada—Oujé-Bougoumou agreement. In 2002, the Cree signed an agreement with the Province of Quebec, the Paix des Braves agreement, covering a period of 50 years and dealing with resource development, policing and compensation to allow certain resource developments to go forward. It also has within it a process, as I understand, to resolve outstanding issues.

Then, in 2008, there was a new relationship agreement, called the Chrétien-Namagoose agreement, between the Government of Canada and the Cree of Eeyou Istchee. This agreement was ratified by the Cree, as were the agreements referring to the Cree that I have already mentioned.

The people themselves were at the table. They looked at it, it was brought to their communities, and they ratified it. Many have termed it an out-of-court settlement; and in essence, it was. This new relationship agreement had a 20-year term, and there were a series of payments. The payments would amount to $1.4 billion in three separate stages.

I want to sum up with the words of the Cree-Naskapi Commission to describe to how this has unfolded over the last three decades. This comes from the chairman of the Cree-Naskapi Commission, which came out of the Cree-Naskapi (of Quebec) Act of 1984:

The James Bay and Northern Quebec Agreement...(which did not include an implementation plan), was signed in 1975. During the thirty-three years since the signing there have been numerous disputes and frequent litigation concerning the obligations under, and the implementation of the agreement. This in turn has led to a difficult relationship between the Cree Nation of Eeyou Istchee and Canada and Quebec. Through the efforts of the Crees, Canada and Quebec, that has changed. The Agreement Concerning a New Relationship Between le Gouvernement du Québec and the Crees of Quebec...addressed outstanding issues between the Crees and Quebec [for a term of 50 years]. The Agreement Concerning a New Relationship Between the Government of Canada and the Crees of Eeyou Istchee of 2008 addressed in parallel fashion outstanding issues between the Crees and Canada. These agreements have been ratified by the Cree people as well as by Quebec and Canada. They represent a major achievement in resolving problems through negotiation.

[T]here is some evidence that the federal and Quebec governments have learned from the James Bay experience. Over most of the past thirty-plus years governments, through both their actions and their words appear to have regarded the Crees from what was essentially an adversarial perspective.... [T]he traditional structures and decision-making processes of government were ill-suited to negotiating much less implementing treaties and land claims settlements with First Nations.... [The] 1982 amendments to the constitution changed that.... Aboriginal and treaty rights (including land claims agreements) were moved beyond the scope of governments' ability to ignore or change them unilaterally. Now, as the Supreme Court said in Badger, “Treaties...create enforceable obligations...”.

On the signing of this new relationship agreement, the current Cree Grand Chief Mukash said, “It also sets in motion what is probably the most important initiative since 1975, the development of a new Cree government”.

The new relationship agreement set out a way of moving forward and called for a two-phased approach: commitments by Canada to amend the Cree-Naskapi (of Quebec) Act of 1984, which we are talking about today, and the negotiation of Cree self-government agreements with a Cree constitution and their own powers.

Bill C-28 deals with the first of these undertakings and can be summarized under two headings: amendments to the Cree Regional Authority and the Oujé-Bougoumou amendments. I just want to run down what those would entail.

The proposed amendments regarding the Cree Regional Authority would allow the Cree Regional Authority, which is basically the administrative body of the Grand Council of the Crees: to act as a regional government on category IA lands, which are basically the lands that they own under the 1984 Cree-Naskapi act; to regulate essential sanitation services, housing and buildings used for the purposes of regional governance; to use, manage and administer moneys and other assets; to promote the general welfare of the members of the Cree bands; and to promote and preserve the cultural values and traditions of the members of the Cree bands.

In terms of the Oujé-Bougoumou amendments, the Crees of the Oujé-Bougoumou were not recognized in the James Bay and northern Quebec agreement as a distinct Cree band. The individual members of this community were listed on the band list of the Mistissini Cree Nation and have been beneficiaries under the agreement since its inception. Since 1975, the Crees of Oujé-Bougoumou have sought to be recognized as a distinct band under the James Bay and northern Quebec agreement and the Cree-Naskapi (of Quebec) Act. The Government of Canada has committed to amend the agreement and the act to meet this objective.

The amendments in this bill deal with such issues as incorporation, transitional matters in relation to councils, boards of directors and bylaws, residence and occupation rights, right of access to land, exploration activities, tax exemptions and exemptions from seizure.

That outlines in broad strokes what Bill C-28 would do.

We have spoken with the government representatives about consultation. We have been assured by the government that it has carried out adequate and efficient consultation. We have also spoken with the Cree who were intimately involved in the drafting of Bill C-28 and who were a signatory, as well, to the new relationship agreement. We have talked with the Naskapis and they have assured us that they are comfortable with these particular amendments. We have talked as well with the Inuit.

We have also been given assurances that due to Bill C-28, there would be no infringement on the rights and interests of other aboriginal peoples.

As such, I am delighted on behalf of the Liberal Party to support Bill C-28. I want to commend the efforts of all those involved. At the end of the day, this is about helping people and supporting people in communities. I do not like to use the word “allowing” people to have self-government because it seems to be an oxymoron. People have self-government and had self-government.

The Crees of Eeyou Istchee had their own self-government. What we do now is recognize that in further processes under the new relationship agreement. As I understand it they are hoping to have an agreement within five years.As I understand it, they are hoping to have an agreement within five years. That is an admirable timeframe given that some land claims and self-government negotiations have gone on for three decades, and many would say for a century. The Nisga'a often say they started their land claim back in the late 19th century.

This legislation is a move in the right direction, and I am happy to support it. It is good to see the full involvement of aboriginal people in the drafting of this piece of legislation. It sets an example that when aboriginal people are involved in the drafting of legislation that impacts them, things go much more smoothly.

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, I want to revisit a few points that the minister raised in his presentation. Bill C-28 is the first step toward self-government and it is a great piece of legislation for the Cree. Could the minister expand a bit more on how this legislation would advance self-government for the Cree? We heard a myriad of things that it would benefit, but if he could just focus on self-government that would be great.