Thank you.
Mr. Chairman, members of the committee, thank you for this opportunity to speak on our report of 2006.
I wish to speak on a particular aspect of our recommendations from our 2006 report. This particular recommendation is also something that came out of our past reports. In other words, in many of our past reports—this is our tenth report—we have recommended again and again that the parties concerned, that is, the Government of Canada and the Cree-Naskapi government, review the Cree-Naskapi of Quebec Act, establish a process for reviewing that act, and determine certain ways and provisions for amending the act.
Our chairman has already given you a brief background on the act itself, but it all starts, of course, from the modern-day treaties. For the recognition and the protection of their rights and interests, the Cree and Naskapi nations negotiated their respective modern-day treaties, the James Bay and Northern Quebec Agreement of 1975 and the Northeastern Quebec Agreement of 1978.
The Cree and Naskapi nations view these agreements or treaties as reaffirmations of their rights. These treaties establish a framework for meaningful and positive relations with the Government of Canada and the Government of Quebec, as well as with contemporary society.
Pursuant to section 9 of the James Bay and Northern Quebec Agreement and section 7 of the Northeastern Quebec Agreement respectively, the Government of Canada undertook to recommend to Parliament special legislation concerning local government for the James Bay Cree on category 1A lands and suitable legislation concerning local government for the Naskapi of Quebec on category 1A-N lands.
The special legislation contemplated by these agreements, which became the Cree-Naskapi of Quebec Act, was passed by the House of Commons on June 8, 1984. This special legislation provides for an orderly and efficient system of Cree and Naskapi local government, for the administration, management and control of their community lands.
Except for the purposes of determining which of the Cree and Naskapi beneficiaries are “Indians” within the meaning of the Indian Act, the Cree-Naskapi of Quebec Act replaces the Indian Act, which does not apply to the Cree and Naskapi First Nations, nor does the Indian Act apply on or in respect to their community lands.
The representatives of the Cree and Naskapi parties and the Government of Canada arrived at a shared understanding as to the implications and impact of the Cree-Naskapi of Quebec Act, in the statement of understanding of 1984, best summarized as follows:
The Cree-Naskapi (of Quebec) Act is the cornerstone of the achievement of the full potential of the James Bay and Northern Quebec and Northeastern Quebec Agreements. The new structures which were created by the Agreements were meant to interface with properly constituted local governments. The Cree-Naskapi (of Quebec) Act is also the basis upon which the relationship with the Federal Government will be redefined. By way of the new Cree-Naskapi (of Quebec) Act, the Cree and Naskapi will be able to go beyond the restrictions inherent in the Indian Act and thereby assume full control in the administration of their communities and management of category 1A-N and 1A lands.
The implementation of the Cree-Naskapi of Quebec Act must enable and facilitate the development and the evolution of Cree and Naskapi local government by taking into account the social, economic, and political realities and conditions prevailing from time to time in the Cree and Naskapi first nations. Hence, the proper implementation of the act bears exceptional significance and tremendous consequences on the aspirations and goals of the Cree and Naskapi first nations as self-governing peoples.
As our chairman mentioned, this act has been enforced now for about 23 years. The meaning and practice of local self-government has evolved and been redefined over the past 23 years in a manner consistent with the aspirations, goals, and political will of the Cree and Naskapi first nations. The Cree and Naskapi people are using their governments to meet needs such as housing, economic development, traditional pursuits, policing, administration of justice, education, health, delivery and administration of programs and services, community development, environmental protection, and political representation to conduct government-to-government relations.
The full potential of local self-government, with its dynamic and evolving nature, has not yet been realized or achieved by the Cree and Naskapi first nations because, as one principal constraint, the Cree-Naskapi of Quebec Act, after 23 years, remains an inflexible, rigid, and unchanging instrument. However, I may mention that the treaties themselves, the modern-day agreements, have been amended from time to time. The James Bay and Northern Quebec Agreement has been amended 18 times.
However, for the past 23 years, the Cree-Naskapi of Quebec Act has not maintained pace or evolved with the exercise and practice of the Cree-Naskapi local government and the state of aboriginal and contemporary law. In fact, certain existing provisions and terms, and the absence of essential provisions, of the Cree-Naskapi of Quebec Act constitute serious obstacles and constraints for the Cree and Naskapi local government and administration.
The past and present reports, discussion papers, and lessons learned from investigations of the Cree-Naskapi Commission result in conclusions, findings,and recommendations respecting the review and revision of the Cree-Naskapi of Quebec Act to achieve various objectives, such as updating the act so that it reflects the present reality and evolving dynamics of the Cree-Naskapi local government and the state of aboriginal contemporary law.
We prepared this presentation for the committee, and on pages 4 and 5 we've outlined the various reasons for amending the act. I imagine this particular document is available to the members to read, so they can read for themselves the various reasons for amending the act and updating it so that it conforms with the present state of law as well as with the aspirations of the Cree and Naskapi peoples.
I'd like to conclude that the trust and fiduciary responsibilities and obligations of the Government of Canada must be exercised, on a government to government basis, for enhancement of Cree and Naskapi local government. One way of doing that, of course, is for the Government of Canada to undertake a serious exercise and process in reviewing the Cree-Naskapi of Quebec Act and seeking possible amendments to enhance further the exercise of local government by the Cree and Naskapi peoples.
Thank you.