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Orders of the Day

Cree Nation of Eeyou Istchee Governance Agreement Bill - Bill to Amend—Second Reading

March 1, 2018


The Honorable Senator Kim Pate:

moved second reading of Bill C-70, An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts.

She said: Honourable senators, I am honoured to rise on the traditional unceded territory of the Algonquin people to speak as the sponsor of Bill C-70, which enacts an historic agreement giving new life to the right of self-determination of the Crees of Eeyou Istchee.

Specifically, this legislation gives effect to the agreement on Cree nation governance between the Crees of Eeyou Istchee and the Government of Canada. Bill C-70 also provides mechanisms to improve the internal governance of the Naskapi Nation of Kawawachikamach and creates a new role for the Cree-Naskapi Commission.

As such, Bill C-70 is a promising example of restoring a nation-to-nation framework between Indigenous people and the Government of Canada.

In the words of the Cree themselves, the process culminating in this agreement “was guided by the basic principle of respect for Cree treaty rights.”

This agreement and the Cree Constitution contained within “represent another step in implementing Cree self-government” and they will provide the Cree First Nations and the Cree Nation government with important tools to assume greater autonomy and responsibility in the governance of category 1A lands. They mark another advance in Cree nation building.

For Canada, this agreement represents another step on our country’s necessary path toward reconciliation. On July 14, 2017, the Government of Canada publicly released the principles respecting the Government of Canada’s relationship with Indigenous peoples.

The first of these principles states:

The Government of Canada recognizes that all relations with Indigenous peoples need to be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government.

Bill C-70 is a true nation-to-nation effort based on the principles of sustainable development, partnership and respect for the traditional way of life of the Cree and Naskapi people. This agreement reflects the important principles enumerated by the Truth and Reconciliation Commission’s Call to Action, namely, it represents a new relationship based on the principles of mutual respect, mutual recognition and shared responsibility for maintaining this relationship into the future.

Bill C-70 will implement the Agreement on Cree Nation Governance, which was signed between the Crees of Eeyou Istchee and the Government of Canada on July 18, this past summer. It is supported by the Cree Nation of Eeyou Istchee as well as the Naskapi Nation of Kawawachikamach.

The Government of Canada took a major step toward reconciliation with the signing of this governance agreement. It will modernize the existing Cree governance regime and recognize the power of the Cree First Nations to make their own laws on a wide variety of local governance issues.

By this agreement, Canada affirms the right of the Cree to self-governance and recognizes their legislative authority. The Cree themselves are in the best position to determine how they should govern themselves. With this agreement, Canada recognizes and supports the law-making powers. Cree laws will be on their own; they will reflect Cree culture, priorities and aspirations, and very significantly, Canada will recognize them.

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Bill C-70 also responds to the Naskapi Nation’s aspirations to strengthen its internal governance by making important amendments to the Cree-Naskapi (of Quebec) Act and by eliminating discriminatory wording in federal legislation in compliance with the Canadian Charter of Rights and Freedoms.

This bill will lead to meaningful changes in these First Nations and their ability to manage their own affairs. Self-determination is recognized specifically for the Cree in this agreement. But also, for all Indigenous peoples, this agreement illustrates the sincerity and good faith with which Canada has promised to act as it reframes its relationship with First Nations. This step represents Canada’s promise in action.

Let me now outline a few highlights of the legislation.

This bill modernizes governance models in Cree and Naskapi First Nations in northern Quebec. Under this legislation, Cree laws will now have the force of law in Canada, independent of any required review by the Minister of Crown-Indigenous Relations and Northern Affairs. The Cree First Nations and Cree Nation government will be fully responsible for their governance.

Equally important, the bill establishes a Cree Constitution. For the first time since the signing of the James Bay and Northern Quebec Agreement, and at the request of the Cree, their existing local and regional structures will be brought under one single agreement.

The Naskapi will see major improvements because of this legislation. Bill C-70 amends the Cree-Naskapi (of Quebec) Act to recognize the authority of the Naskapi. It facilitates political and administrative decisions and processes for the Naskapi.

I think it might be helpful to understand the historical context that led to today’s legislation. This agreement was the result of seven years of negotiations, and it has been in the making for over 40 years. The Cree are a signatory to the 1975 James Bay and Northern Quebec Agreement, the first modern Indigenous land claim agreement treaty in Canada.

The Naskapi are a signatory to a similar agreement, the 1978 Northeastern Quebec Agreement. The Naskapi signed an implementation agreement in 1990 related to Canada’s fulfilment of its obligations in relation to the 1978 Northeastern Quebec Agreement. However, the lack of an agreement with the Cree led to implementation challenges and two out-of-court settlements before they were addressed and now are being addressed by Quebec and Canada’s corresponding obligations.

The first settlement was between the Cree and the Province of Quebec. Bill C-70 relates to the second settlement, reached in 2008 between the Government of Canada and the Crees of Eeyou Istchee. The settlement provided $1.4 billion and gave the Cree the responsibility to administer certain federal obligations for 20 years, until 2028. Of that amount, $200 million was set aside, pending the conclusion of a Cree Nation agreement on governance, which was achieved in July 2017, as I have mentioned.

Once Bill C-70 is given Royal Assent, the outstanding $200 million payment will be provided to the Cree within 30 days.

To ensure Canada fulfils its obligations under this agreement and to ensure funds obligated to the Cree are received in a timely manner, Bill C-70 will need to have Royal Assent before the end of the current fiscal year. We must act expeditiously, as was the case in the other place, where Bill C-70 passed all stages of proceedings in two days, by unanimous consent.

Indeed, the Crees of Eeyou Istchee have asked that all parliamentarians do whatever we can to work cooperatively, regardless of affiliation, to pass this bill on an expedited basis.

With Bill C-70, the Cree and Naskapi Nations will have the control to determine the needs of their members and to ensure their needs are met.

The legislation also illustrates a renewed relationship between the Government of Canada and Indigenous peoples, a relationship founded on recognition of the inherent rights of Indigenous people to self-governance, respect, collaboration and partnership. Bill C-70 represents but one example of such renewal. I hope many senators will join me in expressing to the government that we will be looking for many more examples. As senators, we will do so with vigilance, but I hope we will also do so with the spirit of optimism that Bill C-70 represents.

Honourable senators, the bottom line is that this bill will facilitate the ability of the Cree and Naskapi First Nations to continue to successfully build their governments. This is in the best interests of all Canadians, and it is something to celebrate.

Thank you, meegwetch.

 

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