HISTORY

The James Bay and Northern Quebec Agreement (JBNQA) and the Northeastern Quebec Agreement (NEQA) are Canada's first modern land claim settlements. Signed in 1975 and 1978 respectively, they fulfil a commitment to deal with land issues dating back to the late 1800s.

Native people have occupied the settlement region since time immemorial, sustaining themselves on the region's abundant wildlife and other resources. Before its enormous hydro-electric potential was recognized in the 1960s, few outsiders were interested in the territory. In fact, until early this century, the only non-Native presence consisted of the Hudson Bay Company, missionaries and the federal department responsible for Indian affairs.

At one time, the lands now covered by the JBNQA and the NEQA were considered part of Rupert's Land, the domain of the Hudson's Bay Company. In 1868, the Rupert's Land Act was passed by the British government and the area was ceded to Canada. In 1870, by Imperial Order-in-Council, it was stipulated that the government must obtain the surrender of Indian title to the lands that formerly composed this domain.

Through boundary extensions in 1898 (to the 52nd parallel) and in 1912 (north to the Hudson Strait), these lands were transferred to the Province of Quebec. A key condition of the transfer of 1912 was that Quebec recognize the rights of Native inhabitants on these lands and that, in return, the Native people release such rights to Quebec. Any agreement would have to be approved by the Governor in Council.

For nearly 60 years, until the Government of Quebec announced, in 1971, its intention to develop the hydro-electric potential of the rivers draining into James Bay, this commitment to recognize Native rights was not honored. Shortly thereafter, the province created the James Bay Development Corporation to develop all the territory's resources, including hydro, forestry, mining and tourism.

In the fall of 1972, the Quebec Association of Indians applied to the Quebec Superior Court for an injunction to stop all construction in the James Bay region. The injunction was granted on the grounds that the Government of Quebec had committed itself to settling Native land claims. Although this decision was overturned a few days later paving the way for work to continue on the James Bay hydro-electric project, the determination of Natives to protect their historic land-based interests led to negotiations toward a land claim agreement.

By 1974, the governments of Canada and Quebec, the Cree and Inuit of Northern Quebec and Hydro-Québec concluded an agreement-in-principle which led to the signing of the landmark James Bay and Northern Quebec Agreement on November 11, 1975. The Naskapi Indian Band followed the Crees' example, negotiating the Northeastern Quebec Agreement (NEQA), signed on January 31, 1978, amending the JBNQA.

Signatories to the JBNQA included the Government of Quebec, the James Bay Energy Corporation, the James Bay Development Corporation, the Quebec Hydro-Electric Commission (Hydro-Québec), the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association, and the Government of Canada.

The JBNQA included a total of $225 million as compensation to the James Bay Cree and the Inuit of Northern Quebec, to be paid by Canada and Quebec. Compensation funding for the Cree was paid to the Cree Regional Authority and for the Inuit it was paid to Makivik Corporation. Under the terms of the NEQA, Canada and Quebec paid a total of $9 million in compensation to the Naskapi of Quebec.

In addition to settling Native land claims and providing financial compensation, the agreements defined Native rights and established regimes for future relations between Natives and non-Natives in the region and among local, regional, provincial and federal governments. As of June 30, 1993, 11,458 Cree, 7,066 Inuit and 610 Naskapi beneficiaries were affected by the agreements.

MAJOR COMPONENTS OF THE AGREEMENTS

The Land Regime

Under the JBNQA and NEQA, the territory was divided into Category I, II, and III lands.

• Category I lands are for the exclusive use and benefit of Aboriginal people.

• Category II lands belong to the province, but Native governments share management for hunting, fishing and trapping, tourism development and forestry. Native people have exclusive hunting, fishing and trapping rights on these lands.

• Category III lands are a special type of Quebec public lands. Both Native and non-Native people may hunt and fish here subject to regulations adopted in accordance with the agreements. Aboriginal groups have exclusive rights to harvest certain aquatic species and fur-bearing mammals and to participate in the administration and development of the land. The Quebec government, the James Bay Energy Corporation, Hydro-Québec and the James Bay Development Corporation have specific rights to develop resources on Category III lands. The federal and provincial governments, depending on jurisdiction, must assess the impact of resource development projects.

Environment and Social Protection

These provisions relate to the undesirable environmental impact and social effects of development. They attempt to maximize positive effects while assessing their impact.

There are two advisory committees: one for the area situated south of the 55th parallel and the other for the area located north of the 55th parallel. These committees review environmental issues, policies and regulations and advise governments. Each committee includes federal, provincial and Native representatives.

Local Government Provisions

Inuit communities are incorporated as municipalities under Quebec law and specific powers are delegated to them by Quebec legislation. A regional government structure was established under a provincial act concerning the Kativik regional government. Makivik Corporation was set up so that Inuit concerns dealing with the implementation of the agreement are considered. Under Quebec legislation, the province also established the Cree Regional Authority to assist in the development of common services for Cree communities.

In 1984, the Government of Canada proclaimed the Cree-Naskapi (of Quebec) Act pursuant to Section 9 of the JBNQA and Section 7 of the NEQA. The Act recognizes local Indian government powers and sets up a system of land management. The Indian Act no longer applies to the beneficiaries except concerning Indian status. The new Act recognized a form of Indian self-government for the first time in Canada.

Education

Sections 16 and 17 of the JBNQA established Cree and Inuit school boards. Although they are under Quebec jurisdiction and are similar to other Quebec school boards, these school boards have a special mandate and powers which enable them to adopt culturally appropriate educational programs.

Section 11 of the NEQA deals with the question of education for the Naskapi. It provides for a school to serve the needs of the Band and general administration of the facilities by the Eastern Quebec Regional School Board. A Naskapi Education Committee performs the consultative functions assigned to school committees by the Quebec Education Act. It also possesses special powers.

The school boards' operational and capital budgets are funded jointly by Canada and Quebec, with Canada paying 25 percent of the Inuit budget and 75 percent of the Cree and Naskapi budget. Responsibility for the management of education rests primarily with Quebec.

Hunting, Fishing and Trapping

Certain rights are provided for the harvesting of wildlife. A coordinating committee, composed of representatives from the federal and provincial governments and the three Native groups, was established. It administers, reviews and regulates wildlife harvesting. It may also set harvesting limits and advise governments on wildlife management.

Economic Development

The objective is to further short-term economic development and to support ongoing projects, including the establishment of Native organizations which promote activities such as renewable resource development, and arts and crafts.

Health and Social Services

Resulting from the signing of the agreements, responsibility for health and social services for residents of Category I lands was effectively turned over to Native agencies established by the province. The Cree Regional Board of Health and Social Services of James Bay is responsible for the administration of the delivery of services to the Cree. The Kativik Health and Social Services Council performs similar functions for the Inuit. For the Naskapi, a Health and Social Services Consultative Committee was established to represent their interests concerning services offered by other agencies.

The Federal Role

The 1975 and 1978 agreements significantly modified federal involvement in Northern Quebec. The federal government now subsidizes many services it formerly provided. These services are now administered by Native local governments and the province of Quebec.

The departments of Indian Affairs and Northern Development, Environment, and Human Resources and Labour are only a few of the federal departments which play important roles in the various regimes established by the agreements. Overall responsibility for coordinating federal activity was assigned to the Minister of Indian Affairs and Northern Development by the James Bay and Northern Quebec Native Claims Settlement Act of 1977.

IMPLEMENTATION NEGOTIATIONS

Early on in the process of implementation, the Native parties identified problem areas and pressed the governments to fulfil all their obligations under the agreements. In 1982, an implementation review of the JBNQA recommended a number of initiatives to deal with the most pressing issues identified by the Cree and Inuit. However, the JBNQA Implementation Review focused on the adequacy of program support from 1975 to 1981, but did not resolve the fundamental problems of interpretation of the agreement or long term implementation.

In 1983, Aboriginal matters were the subject of the first amendments to the Constitution Act, 1982. Among them was the provision that rights arising from existing and future land claims would be interpreted as treaty rights [Part II, Subsection 35 (3)]. As such, the JBNQA and the NEQA land claims acquired constitutional protection as "treaty rights".

In 1986, to address the persistent implementation problems, the federal Cabinet approved a process of mediated negotiations with the JBNQA and the NEQA beneficiaries. Four years of implementation negotiations led to agreements with the Inuit and the Naskapi in September 1990. As well as other items, the implementation agreements relieve the federal government from certain financial obligations pursuant to the JBNQA and the NEQA in exchange for one-time grant payments of $22.8 million to the Inuit and $1.7 million to the Naskapi. Once these agreements are implemented, all outstanding Inuit and Naskapi matters related to the implementation of the JBNQA and NEQA will have been dealt with. Moreover, a dispute resolution mechanism has been put in place to deal with any future issues.

Although negotiations with the Inuit and the Naskapi have been successful, they have not been completed with the Cree. The Cree insisted that what they consider to be outstanding operational matters must first be resolved before entering into discussions on JBNQA implementation. These included a long-standing dispute about the funding of local governments and regional structures, and of maintenance of the majority of the community facilities; a perceived shortfall in capital funding allocations, and the establishment of band status and the construction of a village for the Oujé-Bougoumou Cree.

The question of operation and maintenance was resolved in July 1988, and that of the Oujé-Bougoumou Cree band status and the construction of a village, in May 1992. Under the final agreement concluded in May 1992, the federal government agreed to pay $60 million over five years for the construction of 125 houses and municipal and school infrastructures, and for Oujé-Bougoumou band operations. DIAND also paid $12.3 million to the band to begin the socio-economic development of the community (that is $9.8 million in May 1992, and $2.5 million in April 1993).

This is one of a series of information sheets produced by the Communications Branch, Department of Indian Affairs and Northern Development. For information sheets on other topics, contact:

Department of Indian Affairs
and Northern Development
Enquiries Kiosk
Ottawa, Ontario
K1A OH4

Telephone: (819) 997-0380
Fax: (819) 953-3017

QS-6047-014-EE-A3

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