Convention of the Bay-James and Québécois North

The Convention of the Bay-James and Québécois North of 1975 constitutes a general payment of the territorial claims of the Cris and Inuits of the North of the Quebec, Canada. The Convention of the Québécois North-East of 1978 allowed the Naskapis village Kawawachikamach to join to it. Two conventions envisage a broad political autonomy and administrative for the communities autochtones and exclusive rights of hunting, fishings and of trapping grant to them on territories of 170.000 km ² as well as financial equalizations with short and medium term of approximately 234 million dollars. N the other hand, the government of Quebec obtains the right to develop the hydraulic resources, mineral and forest North of Quebec.

Population of the North of Quebec

In 2005, the total population of the territory aimed by the CBJNQ rises with approximately 125 000 personnes : 101 000 not autochtones, 13 500 Cries, 9 000 Inuits, 600 Naskapis and 500 Ines (Montagnais). Its more big city, Valley-D' But, with its 32 000 inhabitants, knew an important expansion at the beginning of the XXe century.

However, the provisions of the bearing CBJNQ on the use of the territory and the creation of new political institutions and administrative do not affect the area of the Abitibi-Témiscamingue, i.e. the territories “ organisés ” being in the south of the parallel 49e. The population of the territory of the Jamésie, the Nunavik and the area of Schefferville, which is directly touched by the provisions of the CBJNQ, rises with some 42 000 people in 2005, of which 23 000 autochtones (13 500 Cries, 9 000 Inuits and 600 Naskapis). More the big city is Chibougamau, with approximately 8 000 inhabitants.

Project of the Bay-James of 1971

See also: Project of the Bay-James

The hydroelectric potential of the rivers of the North of Quebec drew the attention of the government of Quebec, but it is only after the nationalization of the majority of the private producers of electricity of Quebec into 1963 that the new business of State Hydro-Quebec seriously turns its attention towards the rivers of Québécois North. In April 1971, the Prime Minister Robert Bourassa announces the Projet of the Bay-James aiming at the development of the hydroelectric potential of the rivers Nottaway, Broadback, Rupert and Harricana in the south of the area of the Bay-James, or the development of the Large River and the Eastmain river, more in north. The construction of the road towards north, starting from the town of Matagami, begins the same year, without its destination not being established. The choice in favor of the hydroelectric project centered on the Large River is taken in May 1972 by the government of Quebec.

The cries and Inuits of the Québécois North, which were not at all consulted by the government of Quebec before the advertisement of April 1971, are opposed firmly to the project. Believer that their rights would be persecuted by the realization of such a hydroelectric project, the Association of the Indians of Quebec asks the autumn 1972 an injunction at the Superior court of Quebec to stop the building work. After a one exceptional duration hearing, the injunction their is granted on November 15th, 1973 by the judge Albert Malouf, but its decision is broken one week later by the Court of Appeal of Quebec (the Supreme court of Canada confirms thereafter the decision of the Court of Appeal). Nevertheless, the courts of Quebec reaffirm the obligation of the government of Quebec to get along with the Cries and Inuits of the area. In front of this irrefutable fact, Quebec proposes then with the Cries and Inuits to negotiate an agreement in the condition which they adopt the legal procedures and which they exclude from the talks, claims of the other Indian nations. This acceptance caused important movements within the Association of the Indians of Quebec which ends up being scuttled a few years later.

The government of Quebec engages then in total negotiations concerning the hydroelectric development, the use of the territory by the communities autochtones and the creation of autonomous political institutions for their communities. An agreement in principle is signed one year later, on November 15th, 1974 between the governments of Quebec and Canada, the Grand the Council of the Cries (Eeyou Istchee) ( Grand Council off the Crees off Quebec ), the Association of Inuits of Québécois North ( Northern Quebec Inuit Association ), Hydro-Quebec, the Company of energy of the Bay-James and the Company of development of the Bay-James. It should however be noted that Inuits of the communities of Puvirnituq and Ivujivik did not sign this convention.

The government of Canada ratified this agreement by the adoption of a law which extinguished the rights of all Autochtones on the territory concerned (which they are imaginary or not). This is why we find like first article of chapter 2 (principal Provisions) of this same convention: " In consideration of the rights and advantages granted to present at the Cries of the James Bay and Inuit of Quebec, the Cries of the Bay James and Inuit of Quebec yield, give up, give up and transport by the pésentes all their claims, rights, titles and interests autochtones, whatever they are, with the grounds and in the grounds of the Territory of Quebec, and Quebec and Canada accept this cessions".

The Convention of the Bay-James and Québécois North (CBJNQ) is signed one year later, on November 11th, 1975. January 31st, 1978, the Convention of the Québécois North-East makes it possible Naskapis de Schefferville to join the agreement. Thereafter, 17 complementary conventions were added to the CBJNQ, between 1978 and 2002, and several parallel agreements were concluded between the Great Council from the Cries and the government from Quebec, of which the Entente concerning a new relation between the government of Quebec and the Cries of Quebec (“ The Peace of Braves ”) of February 7th, 2002. Other agreements were concluded between the Large Council from the Cries and Hydro-Quebec, of which the Convention Boumhounan on the evaluation and the realization of the project of the derivation of the Rupert river and the Convention concerning a new relation between Hydro-Quebec/SEBJ and the Cries of Eeyou Istchee of 2004, which provides that Hydro-Quebec will facilitate the participation of the Cries of the Bay-James in the hydroelectric development of the territory by means of partnerships, employment and contracts.

The constitutional Law of 1982, in its article 35 (1), enchased the existing rights - ancestral or resulting from treaties - people autochtones of Canada, which causes to confer a constitutional statute on the rights registered in the CBJNQ and the CNEQ and on the first six complementary conventions signed between 1978 and 1980.

Outstanding facts of Convention

Preamble to the CBJNQ

The first " awaited que" indicate that the parts judge desirable that Quebec takes measures for:
- the organization,
- the reorganization,
- good administration,
- the planned development of the allowed areas in Quebec in 1898 and 1912.

The second " awaited que" recall that Quebec had assumed certain obligations towards the autochtones living these areas.

The third states that Quebec will discharge certain obligations towards the autochtones living these areas.

The fourth indicates that the parts are appropriate of the conditions of transfer of the rights called upon in the laws of the extension of the borders of Quebec of 1912.

The fifth translates the intention of Canada and Quebec to recommend the adoption of the modifications to the laws of the extension of the borders of Quebec of 1912.

The sixth stipulates that the provincial companies of state (SDBJ, SEBJ, Hydro-Quebec) have advantage to develop the planned territory of way.

The seventh translates the intention of Canada and Quebec to recommend the adoption of laws to into force approve and put present convention.

Measurements brought by the CBJNQ

The cutting of the grounds of category (I, II and III)

A mode of hunting, fishing and of trapping

Two modes distinct (Cries and Inuits) from environmental protection

A mode on the control and the operation of the purveyances

Protection measures of fauna

Support measures for the traditional activities

Measurements of economic development and social

Complementary conventions

Following the signature of the Convention of the Bay-James and Québécois North, there were 12 numbered complementary conventions, modifying the CBJNQ partly. There was also the signature of the " Convention of Chisasibi" , the " Convention of the Lake Sakami" , the " The-Large convention (1986) " , the " Convention on the mercure" , the " Convention of Kuujjuaq" , the " Convention of Oujé-Bougoumou" , the " The-Large convention (1992/Opimiscow) " and the agreement in principle Kuujjuarapik (1993) on the complex Large-Whale.

Mode of the grounds

The CBJNQ divides the territory of the North of Quebec into three categories:

Category I : grounds with the use and the benefit exclusive of the Cries and Naskapis ; at Inuits, however, the grounds are controls by Scandinavian villages where Inuits form the majority of the population (14 000 km ²)

Category II : provincial grounds where the autochtones have exclusive rights of hunting, fishing and piégeage ; the autochtones and the regional authorities take part jointly in their management (drives out, fishing, trapping, development of tourism, forestry development). (155 000 km ²)

Category III : provincial public grounds where the autochtones have the exclusive right exploit certain watery species and certain animals with fur and to take part in the administration and the development of the territory; (911 000 km ²)

Allowances and economic development

Conventions provide that the Cries, Inuits and Naskapis of the North of Quebec will receive in the short and medium term an financial equalization of approximately 234 million dollars (Cries 134 M$, Inuits 91 M$, Naskapis 9 M$). The funds are managed by three companies of development autochtones, the Office of the allowance cry, the Mativik Company and the Company of development of Naskapis. Other allowances were versed within the framework of 17 additional conventions and the parallel agreements. According to data compiled by Hydro-Quebec, from 1975 to 1999, the Cries received allowances adding up 450 M$ and of the contracts of a value of 215 M$, while Inuits received allowances of 140 M$ and contracts of a value of 120 M$.

Environmental and social protection

Convention envisages the creation of two advisory committees for the Nunavik and the Jamésie, composed representatives of the governments of Quebec and Canada and authorities autochtones. The Advisory committee of the environment Kativik is consulted by the governments of Quebec and Canada and by the Scandinavian villages when they work out laws and payments assigning the environment or social environment to Nunavik. The Advisory committee for the environment of the Bay-James is consulted by the governments of Quebec and Canada, the Great Council of the Cries, the villages cries, the district council of zone and the municipalities during the development of the laws and payments affecting the environment or social environment in the area of the Bay-James. The two committees have as functions to encourage the exchange from point of view and information.

Convention envisages also the creation of a Commission of the environmental quality Kativik (CQEK) which evaluates and examines the projects located at Nunavik. It decides if the project should be subjugated with the examination procedure of evaluation and of the environmental impacts and social environment envisaged in Loi on the environmental quality of Quebec and, if necessary, it works out a directive on the range of the impact study. The CQEK analyzes the impact studies and can organize public sittings in the villages touched by a project. The CQEK returns a decision on the authorization or not of the project.

For the projects in the area of the Bay-James, the CBJNQ envisages the creation of a Comité of evaluation which examines the projects located in the area of the Bay-James and recommends to the deputy minister Environnement of Quebec to fix or not the project with the procedure of evaluation envisaged with the Law on the environmental quality of Quebec and, in the event of positive decision, it works out a directive on the range of the impact study to be carried out and recommends it to the deputy minister Environnement of Quebec.

Local government and regional

At the Cries and Naskapis, the grounds of category IA, federal jurisdiction, are managed by councils of band under the terms of the Federal law on the Cries and Naskapis of Quebec of 1984. The grounds of category IB, generally bordering, are of provincial jurisdiction and are managed by “ municipalities of village ” which is, in the facts, of the land corporations. The grounds of category II are generally with the circumference of the villages cries and naskapi. The community shouts of Oujé-Bougoumou, founded after the signature of the CBJNQ, is a “ autochtone establishment; ” on grounds provinciales ; it has been on standby of a regularization of its statute for several years. The villages cries all are represented within the Large Council of the Cries (Eeyou Istchee), created by the Cries in 1974 in order to negotiate the CBJNQ. The CBJNQ envisages the creation of a regional Administration shouts (ARC) for the regional businesses, but in the facts, the persons in charge of the ARC are same the people who direct the Large Council of Cris ; the two authorities are thus amalgamated.

In Nunavik, the 14 communities are made up in Scandinavian villages on grounds of category I of provincial jurisdiction. All the Scandinavian villages take part in the regional Administration Kativik (ARK). However, the village cry of Whapmagoostui, twinned at the Scandinavian village of Kuujjuarapik, does not make partie of it; ; Whapmagoostui takes part in the regional Administration shouts and the Large Council of the Cries.

At Naskapis of Coast-North, close to the town of Schefferville, there exists a council of band of Kawawachikamach on the grounds of category IA-N of federal jurisdiction where the community is, and a municipality of village naskapi of Kawawachikamach on grounds IB-N of provincial jurisdiction to some 20 km in the north of the community. Since the Law on the Indians applies neither to Naskapi, nor with the Cries of Quebec, one cannot speak about “ reserves indiennes ” to describe their villages.

In the Jamésie, Convention envisages a joint administration of the provincial grounds of category II where the Cries have the exclusive right of hunting, fishing and trapping. These grounds belong to the territory of the municipality of the Bay-James and are managed jointly by the regional Administration shouts and the municipality of the Bay-James within the framework of the District council of zone of the Bay-James .

Education

Conventions envisages the creation of a school commission shouts for the villages cries, the Kativik school commission for the residents of the Scandinavian villages and a special school for the pupils naskapis of Kawawachikamach. The two school commissions are controls by the laws of Quebec, but each school commission has special capacities which allow them to obtain programs of teaching which are clean for them. A committee of education of the special school naskapie plays a similar part. The use of the languages shouts, Inuktitut and naskapie is thus encouraged with all the niveau ; English and French are languages second. The financing of the school commissions and school naskapie is shared between the governments of Quebec and Canada.

Outlines

At the time of the signature of the Convention of the Bay-James and Québécois North (CBJNQ), in 1975, there did not exist any comparable precedent in North America ; the Cries of the area of the James Bay will profit from a mode of specific right, distinct from that imposed on the others First nations by the Federal law on the Indians, with its provisions colonialists and his paternalist spirit. The Cries of the James Bay, as well as Inuits of Nunavik and later Naskapis de Kawawachikamach could take control of the local and regional institutions fully and approach their future with confidence. Air lines, companies, schools, hospitals, municipal infrastructures, all the elements of the modern life arrived at great step at the doors of the communities hitherto isolated from industrialized southernmost Quebec, and often isolated from/to each other by hundreds of kilometers of territory without roads. The CBJNQ is an indigenous treaty of a new kind, and the negotiations leading to its signature in November 1975 gave birth not only to the new regional political institutions (regional Administration shouts and regional Administration Kativik), but the negotiations also gave rise to new collective identities, even national, at the Cries and Inuits of Quebec.

However, since 1990, the Big boss of the Cries, Matthew Coon-Like, evoked the failure of Convention. On a bottom of disappointment caused by the work of the new institutions, by the social impact of the Project of the Bay-James, and by the opening of the Road of the Bay James in 1974, the communities shout and inuites was opposed with firmness to the realization of a hydroelectric project on the Large river of the Whale, launched by Hydro-Quebec in 1989. It is about the project of the Large-Whale - however envisaged and described in detail in the text of the CBJNQ - which the autochtones and the government of Quebec clashed, initially on the topic of the environmental impact of the project, then, on a set of themes more large : the control of their respective collective destinies.

With the election of a new Prime Minister for Quebec in 1994, Jacques Parizeau of the Left Québécois, the government of Quebec takes an important turn and suspends the project of the Large-Whale. It engages thereafter in a debate of equal footing with the Great Council of the Cries to discuss the unit the questions concerning the area the Bay-James.

In 2002, the Big boss Ted Moses and the Prime Minister Bernard Landry sign a new agreement, entirely outside the structures envisaged in CBJNQ : the Agreement concerning a new relation between the government of Quebec and the Cries of Quebec, “ The Peace of Braves ”. Consequently, one can speak about the beginning of a shout-Québécois coadministration of the development of the territory, energy of the hydroelectric projects of more modest scale, such as the derivation Rupert, with the improvement of the forest practices in the south of the area (a better control of the “ cuts with blanc ”).

External bonds

Convention of the Bay-James and Québécois North and conventions complementary Nos 1 to 12 (Site of the Government of Canada)
Convention of the Québécois North-East (Site of the Government of Canada)
Conventions complementary Nos 13 to 17 and other parallel agreements (Site of the Government of Quebec)

Random links: