This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.
Chuck Strahl Conservative
This bill has received Royal Assent and is now law.
This is from the published bill.
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.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
The House proceeded to the consideration of Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act, as reported (without amendment) from the committee.
The Acting Speaker Barry Devolin
There being no motions at report stage, the House will now proceed without debate to the putting of the question on the motion to concur in the bill at report stage.
The parliamentary secretary on a point of order.
John Duncan Conservative Vancouver Island North, BC
Mr. Speaker, I assume we are debating Bill C-28, Cree-Naskapi.
Olivia Chow NDP Trinity—Spadina, ON
Mr. Speaker, I was under the perception that after presenting petitions we would go to government bills, namely, Bill C-23. We have quite a few speakers. For example, I have not spoken on that issue. I thought we were on Bill C-23.
An hon. member
They switched.
The Acting Speaker Barry Devolin
Some hon. members
Agreed.
The Acting Speaker Barry Devolin
I declare the motion carried.
(Motion agreed to)
When shall the bill be read a third time? By leave now?
Gordon O'Connor Conservative Carleton—Mississippi Mills, ON
moved that the bill be read the third time and passed.
John Duncan ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development
Mr. Speaker, I believe we are all on the same page. It is a pleasure to speak to the third reading of Bill C-28. Certainly, it is no mystery by now why I support this bill, nor why the hon. members of the House have united to ensure that this bill passes.
Bill C-28 begins a new chapter in one of the country's great aboriginal success stories: the story of the Cree of Eeyou Istchee. For hundreds of years, the Cree peoples of the eastern James Bay and southern Hudson Bay region of northern Quebec have effectively protected their environment, managed their natural resources, and preserved the cultural legacy of their communities. For decades, the Cree of Eeyou Istchee have used the provisions in the James Bay and Northern Quebec agreement to start their own airline, establish a thriving construction company, and open many flourishing small businesses.
Most recently, the Cree of Eeyou Istchee have engaged in ongoing consultations with Indian and Northern Affairs Canada, embraced genuine partnership with the Government of Canada, and co-signed the 2008 new relationship agreement document. These are the achievements I would like to focus on today.
For those not familiar with the new relationship agreement, allow me to explain a few important facts about this document. The new relationship agreement is a landmark agreement between the Government of Canada and the Cree of Eeyou Istchee. It is a historic consensus that gets at the heart of what it takes to build strong communities. It resolves past grievances. It fosters social and economic development. It empowers people to determine their own destinies.
More specifically, the new relationship agreement ends litigation initiated by the Cree of Eeyou Istchee against the federal government, devolves specific federal responsibilities to the nine Cree communities of the eastern James Bay and southern Hudson Bay region, and provides for amendments to the Cree-Naskapi (of Quebec) Act to enable the Cree regional authority to enact bylaws that will apply throughout the region.
Significantly, the new relationship agreement does all of this with the full support of the Cree of Eeyou Istchee. Voicing their opinions in referendum, more than 90% of the beneficiaries who voted in the nine affected communities endorsed the agreement. They voted to end years of contention and uncertainty, and to embrace a sincere partnership with the Government of Canada.
Bill C-28 fulfills two key aspects of the agreement. First, it will equip the Cree regional authority with additional responsibilities and powers, including bylaw-making powers, so that the Cree regional authority will be better able to carry out certain specified responsibilities that were assumed from the federal government under the James Bay and Northern Quebec agreement.
Bill C-28 also sets the stage for the negotiation of a Cree nation governance agreement that will establish a new Cree nation government. As the Cree of Eeyou Istchee noted in their presentation to the Standing Committee on Aboriginal Affairs and Northern Development, this bill constitutes “another step in the evolution of Cree governance structures and responsibilities”.
Second, it will incorporate the Cree of Oujé-Bougoumou as the ninth Cree band. This is a fulfillment of the 1992 Ouje-Bougoumou/Canada Agreement, under which the Government of Canada agreed to recognize the Cree of Oujé-Bougoumou as the ninth Cree band and to contribute financially toward the creation of a new village at Lake Opemiska.
In the words of Mr. Richard Saunders, who represented the Cree-Naskapi Commission before the Standing Committee on Aboriginal Affairs and Northern Development, this is both “a symbolic and housekeeping amendment”. It is one that acknowledges the local government and administration of a distinct people not named in the James Bay and Northern Quebec agreement.
In short, Bill C-28 fulfills two key aspects of the new relationship agreement that would enable all of us, the Cree of Eeyou Istchee and the Government of Canada, to place our focus squarely on the future. It is a bill that dwells not on recriminations of the past but on opportunities in the present and future. It is a bill that honours the spirit of partnership and collaboration inherent in the new relationship agreement.
Throughout the bill's development, from the initial outline to the version before us today, the Cree of Eeyou Istchee have been extensively consulted. They have helped ensure the bill meets the real needs of the Cree communities of northern Quebec. They have advised the government on necessary changes and they have contributed at key stages of the legislative process.
Due in no small part to the Cree's involvement, members of the House now have the opportunity to truly serve the Cree people who live in the James Bay and southern Hudson Bay region to give them the authority to: enforce strict water quality standards; to maintain meticulous accounting practices and guarantee that people in positions of power are held accountable for their use of community funds; and to ensure more responsive police and firefighting services and make certain that all residents in crises get the emergency help they need.
This is an opportunity to encourage continued dialogue between the Government of Canada and the Cree of Eeyou Istchee and to ensure that our nation's laws benefit the people most affected by them.
This is our time to seize these opportunities. Let us help honour the commitments the Government of Canada made to the Cree people of northern Quebec in the new relationship agreement.
We are ready to heed the words of Richard Saunders, Philip Awashish and Robert Kanatewat who travelled to Ottawa on behalf of the Cree of Eeyou Istchee to outline their support for the bill when they appeared before the Standing Committee on Aboriginal Affairs and Northern Development just a short time ago.
Passage of the bill would enable the Cree of Eeyou Istchee to pave the way to a brighter and more prosperous future for their communities.
As we heard earlier in the House and again at committee, all parties in the House support the bill. There is no one who does not wish to establish a new relationship based on trust, fairness and mutual respect. There is no one who does not wish to welcome the nine Cree communities in northern Quebec into the political, social and economic conversations that will shape the future of Canada.
I know that is why my colleagues will welcome the opportunity, as I do, to vote in favour of this important legislation, to vote in favour of helping thousands of proud, resourceful, ambitious people in nine remote communities in northern Quebec to embark on a prosperous future and on a path to a new tomorrow for us all.
Todd Russell Liberal Labrador, NL
Mr. Speaker, on behalf of the Liberal Party of Canada, I am glad to stand in the House and support Bill C-28, and act to amend the Cree-Naskapi Act of 1984.
The numerous benefits of this legislation have already been read into the record. The bill is now at third reading and hopefully it will get royal assent in the not too distant future, after some 33 years of intense negotiation and, at many times, litigation, and not always an amicable relationship between the Crown, whether provincial or federal, and the aboriginal people involved.
A lot of work has been undertaken over those 33 years since 1975 when we had the James Bay and northern Quebec agreement, the northeastern Quebec agreement in 1979 and then the Cree-Naskapi Act in 1984, which is what the bill we are talking about today would amend.
Since 1984, the Cree people have been in a tangle with the federal government about the true implementation of the Cree-Naskapi Act of 1984. They have tried diligently to ensure that land claims were implemented, not only in terms of the details of that particular land claim but in terms of the spirit and intent of it. A new relationship agreement was signed in 2008, which is the basis of what we are dealing with here today.
The agreement itself was spoken of in endearing terms by Bill Namagoose at committee, who was one of the chief negotiators of that particular deal. We also heard from the minister and the department about how the relationship between the Department of Justice, the federal Crown and the Crees of Eeyou Istchee was much improved.
One of the lawyers at the time said that he had been practising for 43 years and that it was the first time in those 43 years that he could actually commend the people from the Department of Justice for the way they had behaved, for their manners and for their professionalism, and he hoped that particular relationship would continue into the future.
I want to read into the record a couple of quotes about land claims and speak in terms of going forward.
The Supreme Court of Canada, in Haida Nation v. British Columbia, Minister of Forests, wrote:
The historical roots of the principle of the honour of the Crown suggest that it must be understood generously in order to reflect the underlying realities from which it stems. In all its dealings with Aboriginal peoples, from the assertion of sovereignty to the resolution of claims and the implementation of treaties, the Crown must act honourably. Nothing less is required if we are to achieve “the reconciliation of the pre-existence of Aboriginal societies with the sovereignty of the Crown.
On the situation of human rights and fundamental freedoms, the report on Canada in 2004 around the settling of comprehensive land claims, the United Nations special rapporteur said:
The settling of comprehensive land claims and self-government agreements (such as those of Nunavut or James Bay) are important milestones in the solution of outstanding human rights concerns of Aboriginal people. They do not, in themselves, resolve many of the human rights grievances afflicting Aboriginal communities and do require more political will regarding implementation, responsive institutional mechanisms, effective dispute resolution mechanisms, and stricter monitoring procedures at all levels.
What is being said here is that the Crown must act honourably when signing treaties and must implement not only the letter of the treaties but the spirit and intent of them.
Some of the most formidable work being done today around the implementation of land claims is coming from the Land Claims Agreements Coalition, which is made up of basically all of the modern treaty-holders from Labrador to B.C. and from Yukon to Nunavut.
Members of this coalition underlined four undertakings that the Government of Canada should put in place regarding treaty implementation. They are calling upon the Government of Canada to adopt a new policy on the full implementation of modern treaties between aboriginal peoples and the Crown. They also ask that the Government of Canada draft and promptly introduce legislation to establish a land claims agreements implementation commission, that the Government of Canada establish a cabinet committee on aboriginal affairs to oversee and coordinate the full involvement of federal agencies and ongoing treaty implementation activities, and that the periodic negotiation of implementation funding for Canada's obligations under modern land claims agreements be led by a chief federal negotiator appointed jointly by the Minister of Indian Affairs and Northern Development and the Land Claims Agreement Coalition.
Those are very practical solutions and they arise out of the context of the James Bay and northern Quebec agreement of 1975. They arise out of the historical context that has led, after 33 years, to the Cree-Naskapi 1984 amendments that we are talking about today. The coalition members cite this as movement in the right direction, which we in our party agree with as well. they also understand that across the country there are outstanding grievances within first nations, Inuit and some Métis communities around the implementation of land claims. They call for this way forward.
I will not prolong the debate on third reading except to say that my party supports this because it is a way forward. We also support it because it was a collaborative approach. We cannot say that strongly enough. It was a collaborative approach between the Government of Canada and aboriginal peoples who sat at the table. They will not call it co-drafting because they say that legally we cannot co-draft but that is a purview of the federal government itself. In essence, they basically dotted the i's and crossed the t's and said that this was a nice way to go forward and the government says that it is its legislation.
I will say this in another context because we have another bill before the House called Bill C-8, which was not co-drafted, was not done in co-operation or consultation with first nations people and is not receiving the kind of unanimity within the House that we see on Bill C-28. The difference in approach has an impact on the content and the agreement that various parties can reach.
We are supporting Bill C-28 because of the process and the content. I wish the Cree of Eeyou Istchee good luck with this. We wish them the best and the Liberal Party will certainly be a partner in the future as this agreement and other agreements are implemented under the new relationship.
Marc Lemay Bloc Abitibi—Témiscamingue, QC
Mr. Speaker, I am pleased to rise here today at third reading of this bill, one that is extremely important for the Cree community and other closely related communities, particularly, the Naskapi. We are talking about a region in Quebec. The last time I addressed the House concerning this bill, I paid a tribute, and I would like to do so again.
I also emphasized the geographic importance of the James Bay Cree. There are nine Cree communities. For those watching us, we are talking about the nine communities near James Bay, and the people who have always lived in those communities. The Government of Quebec is currently beginning, or rather it began a few years ago, major works projects there to build hydroelectric dams.
I would therefore like to pay tribute to Matthew Mukash, Grand Chief and President of the Grand Council of the Crees (Eeyou Istchee), that is, the Cree government. He worked very hard to put this very lengthy agreement in place. This Bill C-28 is minor compared to the agreement that was reached, one that will have extremely important repercussions for the Cree community and those who live in the areas around those communities.
Matthew Mukash was and still is the grand chief; Ashley Iserhoff is the deputy grand chief and vice-chairman; Roderick Pachano is the authorized representative of the Cree Nation of Chisasibi; Losty Mamianskum is the authorized representative of the Whapmagoostui First Nation; Rodney Mark is the representative of the Cree Nation of Wemindji; Lloyd Mayappo is from the Eastmain Band; Steve Diamond is the authorized representative of the Crees of the Waskaganish First Nation; Josie Jimiken is from the Cree Nation of Nemaska; John Kitchen is from the Waswanipi Band; John Longchap is from the Cree Nation of Mistissini; Louise Wapachee is from the Oujé-Bougoumou Eenuch Association.
These people represent all of the communities that have signed this extremely important agreement, which, while not necessarily making the Crees independent in the fullest sense of the word, will enable them to benefit from a degree of self-determination and distance from the federal government with respect to the management of their everyday affairs. Under this agreement, they will be able to ensure that their communities receive appropriate services, such as health and sanitation services. They will decide where to build their communities' hospitals. We know that many of these communities, which are located on the shores of James Bay, ranging almost as far as the Inuit communities of Quebec's far north, are isolated from one another and often have trouble working together.
This bill, this agreement, will enable them to work together. The Cree Regional Authority will have the opportunity to develop programs and ensure that it has everything it needs to achieve the independence of Cree first nations. Under this agreement, they will be responsible for protecting the environment and preventing pollution. We know what is going on with the Cree nation and the development of hydroelectric dams on James Bay. Over the next few years, mining exploration and exploitation will increase dramatically. Companies are looking northward more than ever before for mining exploration and exploitation opportunities. The Cree people will have to implement policies to protect their environment. That is what they wanted, that is what they asked for in committee, and that is what they will get with this bill, which will be passed just minutes from now.
In terms of administration, they will also be responsible for justice. That is extremely important. The administration of justice has always posed a problem in the north. For many years, the itinerant court has travelled to Cree communities to dispense justice. There were no court houses and often community centres were used.
Under this agreement, moneys will be allocated. When we refer to an agreement, we are also referring to the moneys that will be allocated and transferred to the Cree for the administration of justice, social development, and above all, economic development. One of the difficulties is that the Cree are isolated. There is little work. The birth rate is 3.5% per year, a veritable population explosion. Therefore appropriate measures are needed, including the creation of towns and the construction of houses suitable for the conditions of the community.
Indian and Northern Affairs Canada has often sent houses that developed mould or were destroyed because they did not provide what the Cree needed to survive in a difficult environment, one that all too often is a hostile environment.
It has been noted that this agreement will benefit the Cree. After royal assent has been given, the amount of $100 million will be paid to the Cree. The $100 million has already been committed. That is why we, the Bloc Québécois, pushed for and will support this very important bill. Moneys have been committed, work has begun, and very important infrastructure—community centres, CLSCs and hospitals—must be built. The time to do that is now—May, June, July, August and September. We have five months to do some very important work. The amounts to be disbursed will pay for work that has already started and is very important to the community.
This bill will also—I realize that this is somewhat complex for those listening—settle the matter of land categories for which the communities had the authority to establish bylaws, municipal regulations to set limits as to time of day and year for hunting, trapping and fishing.
There are three categories of land: categories I, II and lll. From now on, category III will cover 911,000 square kilometres where communities will participate in the administration and development of the land. It will be very important for the Cree to start right now on working to identify controlled harvesting zones. There might also be—and we hope there will be—a little more respect for the flora and fauna than at present. That is our hope for these category III lands.
The act also makes modifications to category IA lands, where federal laws and regulations apply.
The Cree will therefore be the ones responsible for administration of these lands and they will ensure that they come under their jurisdiction and that the bylaws they enact to protect the flora and fauna can be respected.
Clause 9 of the bill sets out new provisions which will enable the Cree Regional Authority to enact bylaws and resolutions within the territorial limits of category IA and III lands. This is extremely complex, I know, but this is such an important bill for the nine Cree communities which will at last be able to take over their space.
I sense, Mr. Speaker, that you are wanting to interrupt me for question period or something else but I have so much still to say that I will, unfortunately for you, be back after question period.