Evidence of meeting #38 for Indigenous and Northern Affairs in the 39th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was cree.
A recording is available from Parliament.
Conservative
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
Good morning.
The Cree-Naskapi of Quebec Act came into force in 1984. It was enacted further to the Act approving the Agreement concerning James Bay and Northern Quebec. When was that particular piece of legislation enacted?
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
The Act approving the Agreement concerning James Bay and Northern Quebec?
Conservative
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
We recently marked the 30th anniversary of...
Conservative
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
That's right.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
Essentially, the legislation provides for the federal government's involvement in the application of the James Bay and Northern Quebec Agreement. Is that right?
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
That's correct.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
Do you have any idea of the legislation's financial implications for the government since it was first enacted?
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
I would have to get that information for you.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
Specifically, do either the Act or federal government transfer policies provide for accountability mechanisms?
For example, mention was made of property. Are there mechanisms in place to ensure that federal funds actually end up in the designated Cree communities?
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
The issue of funding and reports is governed by the Act. In non-Cree communities, that is communities with no self-government regime in place, this area is covered under the Indian Act. In this particular instance, everything is governed by the Cree-Naskapi of Quebec Act.
The accountability regime is not one of self-government. Eventually, the government will negotiate self-government with the Cree, as it is now doing with the Inuit. When that happens, a new regime of accountability toward Cree citizens will be put in place.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
Would you say that the Cree-Naskapi of Quebec Act could serve as a development model? For instance, we see that negotiations are underway with the Innu. Do you think that in some respects, the Act could serve as a model?
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
It could. However, the legislation dates back thirty years or so. Perspectives and approaches have evolved over the years, but the fundamentals haven't changed. The Act could indeed serve as a model of sorts.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
You stated that you were in the process of amending or improving the act, within the framework of an overall agreement, namely the Chrétien-Namagoose agreement.
Can you give us an idea of some of the components that will complete the process first undertaken in 1986?
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
I like the expression “complete the process”. In fact, we did encounter a problem with the Cree agreement. We weren't able to work out an implementation agreement. We negotiated an agreement, a modern-day treaty, but we did not formulate an implementation plan. That is what Mr. Chrétien and Mr. Namagoose are currently negotiating. Therefore, we're completing the work that was started many years ago.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
Are you talking about an agreement to implement the provisions of the Act?
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
The two parties acknowledged that the agreement had not been fully implemented. This agreement aims to rectify that situation.
Liberal
Larry Bagnell Liberal Yukon, YT
Thank you. I have just one question, and hopefully Ms. Karetak-Lindell will have time for questions at the end.
As with Ms. Neville, this is on the general process and not on this particular agreement.
Mr. Roy, in the second page of your speech it says “People ask me why we put so much effort, time, and resources into the pursuit of modern treaties.” That's great, but the pursuit of a treaty is like searching for a lot to build a house on. Once it's signed you have to build the house; there's a lot of work to do. The Auditor General has consistently said, related to the Nunavut agreement, the Inuvialuit agreement, that there are problems with implementation that come after the signing of the treaty.
As Mr. Sewell knows, in Yukon the Carcross and Tagish First Nation has been working on a family law. The Teslin Tlingit Council has been trying to get the justice part of their land claim implemented for about ten years. When we sign these agreements it's our responsibility to implement them without these types of delays.
Since these reports from the Auditor General, has there been a shift or an addition so you will put so much effort, time, and resources into the implementation of modern treaties? It's great that you're pursuing them, and we want you to do more, but we also need the resources for the implementation, as I think we've found out from various examples.
Assistant Deputy Minister, Claims and Indian Government, Department of Indian Affairs and Northern Development
Mr. Sewell is our DG for implementation, so I will ask him to take the question.
Director General, Implementation Branch, Claims and Indian Government Sector, Department of Indian Affairs and Northern Development
Thank you for the question.
The challenge of implementing land claim agreements is a big one. I think for many people the signing of a deal is the exciting moment, and everybody is consumed with getting a good deal and getting it in place. The work of implementing, as you have said, is a critical stage. I think we've been learning a lot about how to implement as we go along.
The Auditor General has taken a particular interest in our work and has provided us with some valuable guidance. Among the criticisms she has levelled at us is that we have focused rather too strongly on the black and white letter obligations in the agreements. I think she has helped us understand that fulfilling the black letter obligations of the agreement is important and essential, but we must also work together to pursue the objectives of agreements.
You're right in being aware that implementation is an art that we have not perfected to this point. But we continue to learn and seek new and better ways of implementing as we go.
