However, the James Bay and Northern Quebec Agreement, the Northeastern Quebec Agreement and the Cree-Naskapi (of Quebec) Act are inseparable, to a large extent, and must be considered as a whole in order to capture the intent and spirit of the exercise and practice of Cree and Naskapi local government. In fact, paragraph 21(j) of the Act stipulates that the objects of a band are "to exercise the powers and carry out the duties conferred or imposed on the band or its predecessor Indian Act band by any Act of parliament or regulations made thereunder, and by the Agreements."⁷ For this reason, the Cree-Naskapi Commission must also consider the implementation of the Agreements in so far as these Agreements contemplate the powers and duties of the Cree and Naskapi First Nations.

Furthermore, pursuant to section 10 of the James Bay and Northern Quebec Native Claims Settlement Act, the legal requirement of the Minister of Indian Affairs and Northern Development to submit an annual report to the House of Commons on the implementation of these Agreements had expired by the end of 1998. Consequently, the Cree and Naskapi Nations are faced with a complete absence of a reporting and monitoring system on the implementation of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement.

Consequently, the Cree-Naskapi Commission is the sole and only remaining body that reports on some aspects on the implementation of the Agreements.

The present report constitutes the ninth biennial report to the Minister pursuant to sub-section 165 (1) and in accordance with sub-section 171 (1) of the Cree-Naskapi (of Quebec) Act.

In the preparation of the present report, the Commission has held Special Implementation Hearings to permit presentation from the representatives of the Cree and Naskapi governments and the Government of Canada.

Consequently, the findings and recommendations as presented in the present report of the Commission are primarily based on the presentations made to the Commission. The tone of the report is determined by what the Commissioners understand is being said by the representatives of the Cree and Naskapi First Nations as well as the representatives of the Department of Indian Affairs and Northern Development representing the Government of Canada.

The Cree-Naskapi Commission has now been, legally, in existence since December 1, 1984. However, the first Commissioners were not appointed until February, 1986. Nevertheless, the year 2004 represents the 20th anniversary of the passage of the Cree-Naskapi (of Quebec) Act by parliament. Therefore, the Commission, in its present report, has prepared a Chapter on Eeyou Local Governments and the Implementation of and Amendments to the Cree-Naskapi (of Quebec) Act with the hope that the Act will be amended to reflect the realities, evolution and dynamics of Cree and Naskapi local governments. The rigidity and inflexibility of certain provisions of the Act without appropriate amendments have been a barrier in the exercise and practice of Eeyou local government and decision-making for the past 20 years.

BACKGROUND AND INTRODUCTION
The Eeyou (Cree and Naskapi Nations) have always been self-governing peoples. Indeed, there is no more basic principle in Eeyou history than the right of Eeyouch to govern themselves and their territories in accordance with their traditional laws, customs, values and aspirations. It is through their self-governing nation that Eeyouch express their personal and collective autonomy. The right of Eeyou governance (Eeyou Tapay-tah-jeh-souwin) is inherent and permanent in the sense that it finds its ultimate origins in the collective lives, history, traditions and laws of Eeyouch rather than the Canadian Constitution, Treaty and statutes of Parliament. Nevertheless, the sovereign claims and colonial regimes of the British and French powers were established in virtual disregard of the fact that Eeyou lands were already occupied and governed by the Eeyou people. Although the self-governing status of Eeyouch was greatly diminished by the encroachment of outside governing regimes during the nineteenth and twentieth centuries, it managed to survive in an attenuated form. Hence, it is important to emphasize that Eeyou governance is not something that is waiting to happen in the future. It is something that Eeyou have practiced for centuries, and will continue to practice in accordance with Eeyou law, rights and aspirations.

The Supreme Court of Canada has repeatedly recognized that First Nations were governing themselves when the Europeans arrived. In fact, treaty making with the Crown was, in itself, an exercise of self-government and it implied recognition of the capacity of the First Nations to make treaties with the Crown.

For the recognition and protection of their rights and interests, the Cree and Naskapi peoples negotiated their respective modern day treaties-the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement. The Cree and Naskapi view these Agreements or treaties as reaffirmation of their rights and status as a 'nation' and 'people.' They consider also that these Agreements or treaties establish a framework for meaningful and positive relations with the Governments of Canada and Quebec as well as with contemporary society.

Upon the insistence of the Cree and Naskapi (as well as Inuit) leadership, the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement have been approved, given effect to and declared valid by legislation of the Governments of Canada and Quebec.

Furthermore and most important, section 35 of the Constitution Act, 1982, recognizes and affirms Aboriginal and Treaty rights. As far as the Eeyou Nations are concerned, their inherent right to self-government is an existing right within section 35 of the Constitution Act, 1982.

Consequently, the treaty rights of the Cree and Naskapi peoples under the James Bay and Northern Quebec Agreement (JBNQA) and the Northeastern Quebec Agreement (NEQA) as well as their aboriginal rights are protected by the supreme law of Canada.

The Government of Canada, as a policy, recognizes the inherent right of self-government as an existing right within section 35 of the Constitution Act, 1982.² This inherent right policy is simply a policy and as such does not have force of law. The government can and does deviate from policy and it is in no way legally required to adhere to its policies. The policy limits the subject matters which the government is willing to recognize as part of the inherent right. The policy requires that in all cases, provincial governments are a necessary party to self-government negotiations and agreements where the subject matters being negotiated normally fall within provincial jurisdiction. The policy appears to create a hierarchy of jurisdiction by endorsing the principle that in all cases federal and provincial laws of overriding national or provincial importance will prevail over conflicting Aboriginal laws, but not recognizing as a principle that there are situations which will require that a First Nations law must prevail because of overriding importance to the First Nation. For these reasons, the Commission has some concerns about the inherent right policy of the Government of Canada.

Prior to the implementation of the JBNQA and the NEQA, the Cree and Naskapi peoples were considered governed by and subject to the terms and provisions of the Indian Act and its amendments. The Indian Act provides the Government of Canada with the means to manage the lives and affairs of 'Indians.' As far as the Cree and Naskapi peoples were concerned, the Indian Act severely limited the exercise of the practice and right of Eeyou self-government. Hence, as a means of reaffirmation and gaining recognition of their right of self-government, the Cree and Naskapi leadership, respectively, negotiated section 9 (Local Government over Category IA Lands) and other relevant sections of the JBNQA and section 7 (Local Government over Category IA-N Lands) and other pertinent sections of the NEQA. These sections of the modern day treaties provide for partial expressions of the Cree and Naskapi right of self-government.

Hence the powers of the Eeyou local governments arise both from long-standing practices based upon Eeyou traditional law and customs as well as from the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement and the Cree-Naskapi (of Quebec) Act.

Cree-Naskapi (of Quebec) Act
The Eeyou (Cree and Naskapi peoples) wanted to maintain a relationship but a redefined relationship with the Government of Canada on a basis of the letter, spirit and intent of the terms and provisions of the JBNQA and NEQA as treaties and the constitutional responsibilities of Canada.

Pursuant to section 9 of the JBNQA and section 7 of the NEQA, respectively, the Government of Canada undertook to recommend to Parliament "special legislation concerning local government for the James Bay Crees on Category IA Lands" and "suitable legislation ... concerning local government for the Naskapis of Quebec on Category IA-N Lands." Consequently, from 1976 to 1984, the Governments of Canada and the Cree and later the

Naskapi negotiated the terms and provisions of this "special and suitable legislation" as well as funding arrangements for its implementation and to establish a redefined relationship with Canada. This special legislation-the Cree-Naskapi (of Quebec) Act-according to its preamble provides "for an orderly and efficient system of Cree and Naskapi local government, for the administration, management and control of Category IA and Category IA-N land by the Cree and Naskapi bands respectively ... "

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 of Category IA or IA-N land.

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, which is 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 Agreement and Northeastern Quebec Agreement. 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 IA and IA-N Lands."

Consequently, the Cree-Naskapi (of Quebec) Act, 1984, is the first legislation in Canada to provide some recognition of Indian-self-government. It redefines the relationship between the Government of Canada and the Cree and Naskapi peoples as the Indian Act no longer applies to the Cree and Naskapi bands and their community lands.

To enable and provide for an orderly and efficient system of Cree and Naskapi local government and for the administration, management and control of Category IA and Category IA-N Lands by the Cree and Naskapi bands respectively, the Cree-Naskapi (of Quebec) Act provides for terms and provisions for the following principal and general matters:

PART I - LOCAL GOVERNMENT
Incorporation of Bands
Membership of Bands
Objects and Powers of Bands
Head Office of Band
Band Council
Council Meetings
Committees of a Council
Band Bodies, Officers, Employees and Agents
By-laws Respecting Local Government
Procedures for Making By-laws and Resolutions
Challenges to By-laws or Resolutions
Transitional Provisions

PART II - BAND ELECTIONS
Entitlement to vote and exceptions for Returning Officer or Assistant Returning Officer
Election By-laws
Eligibility to be Elected and to Serve as Council Member Returning Officers
Calling of Elections
Contestation of Election Results

PART III - MEETINGS AND REFERENDA OF THE BAND
Use of the Cree or Naskapi Language
Ordinary Band Meetings
Special Band Meetings and Referenda

PART IV - FINANCIAL ADMINISTRATION OF BANDS
Fiscal Year and Budgetary Arrangements
By-laws for Preparation and Implementation of Budgets
Books of Account and Financial Records and Statements
Audits
Borrowing Powers of Band
Contracts
Appointment of Administrator

PART V - RESIDENCE AND ACCESS RIGHTS ON CATEGORY 1A AND 1A-N LAND
General Prohibition By-laws respecting Residence and Access Rights Residence Rights Access Rights General (Special provisions for Naskapi, obstruction and trespass and other remedies preserved)

PART VI - RIGHTS OF BANDS, QUEBEC AND OTHERS IN RELATION TO CATEGORY 1A AND 1A-N LAND
Quebec retains bare ownership of Category IA and IA-N Land Bands exclusive use and benefit of its Category IA and IA-N and the natural resources thereof Soapstone Deposits Forest Resources Gravel Mineral, Subsurface and Mining Rights Pre-existing Rights and Interests on Category IA and IA-N Land

PART VII - EXPROPRIATION OF CATEGORY 1A AND 1A-N LAND BY QUEBEC
Expropriating authority of Quebec Expropriation of IA and IA-N Land for public services or structures Band entitlement to compensation

PART VIII - DISPOSITION OF RIGHTS AND INTERESTS IN CATEGORY 1A AND 1A-N LAND AND BUILDINGS
Grants by band Right of Superficies Subsequent Transfers of Rights or Interests

PART IX - CESSION BY BANDS
Cessions of any of Category IA or IA-N land may be made, but only to Quebec Requirements for valid session

PART X - LAND REGISTRY SYSTEM
Enforceability of rights and interests Regulation for establishment and maintenance of land registry system Duties of Band

PART XI - EXPROPRIATION BY BANDS
Rights and interests that a Band may expropriate Regulations respecting procedural aspects of expropriation

PART XII - CREE-NASKAPI COMMISSION
Establishment and composition of Commission Appointment of Commissioners Duties of Commission

PART XIII - SUCCESSIONS
Intestate succession Disposition of traditional property on intestacy

PART XIV - TAX EXEMPTIONS
Interpretation and property exempt from taxation

PART XV - SEIZURE EXEMPTIONS
Interpretation and property exempt from seizure Waiver of exemption from seizure

PART XVI - POLICING
Policing jurisdiction Agreements for policing services

PART XVII - OFFENCES
Offences under the Act Contravention of regulations and by-laws Regulations and by-laws for maximum punishment

PART XVIII - ADMINISTRATION OF JUSTICE
Jurisdiction of justices of the peace Summary conviction court

PART XIX - GENERAL
Commissioners of Oaths Certification of documents Admissibility of certified documents

PART XX - CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
Amendment, repeals and substitutions respecting other federal Acts

The Cree-Naskapi (of Quebec) Act was passed by the House of Commons on June 8, 1984. With the exception of Part XII of the Act, the Cree-Naskapi (of Quebec) Act came into force on July 3, 1984. (Part XII of the Act respecting the establishment, duties and operation of the Cree-Naskapi Commission came into effect on December 1, 1984.) Therefore, this comprehensive federal legislation respecting Cree and Naskapi local government has been in force and in effect for about twenty (20) years.

Eeyou Local Government: The Agreements and the Cree-Naskapi (of Quebec) Act
The goal of section 9 of the JBNQA and section 7 of the NEQA was that legislation would be adopted by Parliament which would provide for Cree and Naskapi local government on their respective communities lands. However, the inclusion of local governance powers in the treaties was not intended to define Cree and Naskapi governance powers for all time and the preamble of the Act specifically states that it "is not intended to preclude the James Bay Crees and the Naskapis of Quebec from benefiting from future legislation or other measures respecting Indian government in Canada ... ."

The Quebec courts have considered that the powers under the Act are linked to the JBNQA and have interpreted these powers liberally in favour of the existence of autonomous First Nation authority. In 1986, in a judgment dealing with intoxicant laws adopted by the Crees of the Waskaganish First Nation, the Provincial Court of Quebec concluded that:

"The band council constitutes an autonomous level of government when it exercises powers conferred upon it by the Cree-Naskapi (of Quebec) Act. As long as it remains within the powers so conferred, the band council represents a level of government independent from the Canadian Parliament and the Quebec legislature. Its members are the elected representatives of the community who, in giving them their mandate, invest them with the powers granted to the band under the treaty Convention and especially the Cree-Naskapi (of Quebec) Act. It is to the band members that the council is accountable for its administration and the exercise of its powers, and not to Parliament, of which it is not an agent."³

In another case before the Quebec Provincial Court, this time concerning a curfew by-law of the Cree Nation of Eastmain, the Court concluded that the "the Crees hold some sort of residual sovereignty as regards their local government."⁴

The challenge and goal of the Cree and Naskapi First Nations are to achieve proper social and economic development and political self-empowerment in the exercise of their rights of self-determination and self-government while protecting their rights, basic freedoms and interests and preserving and maintaining their distinctiveness and cultural identity in accordance with their aspirations and needs.

In this regard, the implementation of the Cree-Naskapi (of Quebec) Act, in letter and spirit, must enable and facilitate the development and evolution of Cree and Naskapi local government by taking into account the social, economic and political realities and conditions prevailing from time to time of the Cree and

Naskapi First Nations. Hence, the proper implementation of the Cree-Naskapi (of Quebec) Act bears exceptional significance and tremendous consequences for the aspirations and goals of the Cree and Naskapi First Nations as self-governing peoples. The proper implementation of the Act also bears significant implications on the Government of Canada's treaty obligations to the Cree and Naskapi First Nations.

In particular, Eeyou (Cree and Naskapi) local government must have the following attributes to be "orderly and effective": legitimacy, power and resources. By replacing the Indian Act and through proper implementation of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement, the redefined relationship between the Cree and Naskapi peoples and the Government of Canada must ensure that these elements are properly provided for through legislative and administrative measures. Furthermore, the intent and spirit as well as the letter of Agreements and the Cree-Naskapi (of Quebec) Act must be taken into account to ensure an orderly and effective system of Cree and Naskapi local governments.

The Cree-Naskapi (of Quebec) Act and the Indian Act do not apply to the Ouje-Bougoumou Cree who consequently are not constituted as a separate and distinct band corporation or band under the Acts. Nevertheless, the Ouje-Bougoumou Cree exercise their right of self-government through the Ouje-Bougoumou Eenouch (Nation)-their traditional and historical unit of authority and governance. (Canada undertook in the 1992 Ouje-Bougoumou/Canada Agreement to recommend to Parliament legislation to amend the Cree-Naskapi (of Quebec) Act in order to incorporate the Crees of Ouje-Bougoumou as the ninth James Bay Cree Band and to provide that the new Ouje-Bougoumou Band shall have Category 1A lands.)

The right of self-government inheres in the Cree and Naskapi Nations. Consequently, it is through the nation that the Cree and Naskapi express their personal and collective autonomy. The Eeyou nation is the traditional and historical unit of self-governing power recognized in the treaty-making process and through nation-to-nation and government-to-government relationships.

Furthermore, notwithstanding the legal regime of local government under the Cree-Naskapi (of Quebec) Act, the Eeyouch (Cree and Naskapi people) continue to incorporate their traditions and customs in the exercise and practice of local government.

It must be noted and stressed that the exercise and practice of Cree and Naskapi local government can only be understood if the JBNQA and NEQA and the Cree-Naskapi (of Quebec) Act (CNQA) are read and taken into account as a whole. After all, other sections of the JBNQA and NEQA refer to the jurisdiction and responsibilities of Cree and Naskapi local government and authorities. The spirit and intent of these treaties must also be understood and respected to maintain and improve Cree and Naskapi and federal relations.

The interpretation and implementation of the JBNQA and NEQA and CNQA are partial expressions of the inherent right of Eeyou self-government. The implicit recognition of the inherent right of Eeyou self-government with viable ways and means for the proper implementation of self-government in the JBNQA and NEQA and enabling legislation such as the CNQA would constitute a full expression of the Cree and Naskapi right of local self-government.

Pursuant to section 12 (1) and (2) and section 14 (1) the Cree-Naskapi (of Quebec) Act, the following Cree and Naskapi Indian Act Bands are separately constituted as corporations and bear the following names:

Great Whale River Band (presently known as the Whapmagoostui First Nation);
Chisasibi Band (presently known as the Cree Nation of Chisasibi);
Wemindji Band (presently known as the Cree Nation of Wemindji);
Eastmain Band (presently known as the Cree Nation of Eastmain);
Waskaganish Band (presently known as the Crees of the Waskaganish First Nation);
Nemaska Band (presently known as the Cree Nation of Nemaska);
Waswanipi Band (presently known as the Cree First Nation of Waswanipi);
Mistissini Band (presently known as the Cree Nation of Mistissini);
Naskapi Band of Quebec (presently known as the Naskapi Nation of Kawawachikamach).

As stated, the Ouje-Bougoumou Cree Nation is not presently incorporated under the Cree-Naskapi (of Quebec) Act yet; but nevertheless exercise an inherent right of local government pursuant to Eeyou law, traditional customs and practices. The meaning and practice of local Eeyou government has evolved and has been redefined over the past twenty (20) years. The Eeyouch are presently using their local governments to address the following needs and exercise jurisdiction in matters such as:

1) Housing
2) Public works
3) Membership
4) Elections and referenda
5) Economic development and enterprises
6) Traditional (hunting, fishing and trapping) pursuits
7) Land administration and local land registry
8) Cultural development
9) Eeyou language development
10) Social development
11) Policing
12) Management and disbursement of Eeyou funds arising from Agreements
13) Resolution of disputes
14) Administration of band funds
15) Eeyou traditional law, values and customs
16) Administration of justice
17) Education
18) Health and social services

19) Preservation and maintenance of culture
20) General welfare of members
21) Youth development
22) Human resources development
23) Training and employment
24) Remedial works (measures to remedy impacts of industrial development)
25) Intergovernmental affairs and relations
26) Provision and administration of programs and services
27) Community development
28) Environmental protection
29) Treaty-making
30) Protection of Eeyou rights and interests
31) Political representation
32) Corporate affairs and relations
33) Nation-to Nation relations

The JBNQA and the NEQA were intended to allow Eeyouch to decide, to a large extent, upon the course of their future, to be a self-sufficient and self-governing people and to play an important role in the development, management and administration of lands and resources within their homelands.

In spite of the improvements that accompanied the negotiation and implementation of the JBNQA, the full potential of local Eeyou government has not yet been realized by Eeyou of Eeyou Istchee. Much of this has to do with the difficulties experienced in the implementation of the Cree-Naskapi (of Quebec) Act and the broader JBNQA. For Eeyou, the proper implementation of this important modern day Treaty is essential for the advancement of Eeyou governance. While progress has been made in the implementation of the NEQA and certain provisions of the JBNQA, essential sections of the JBNQA have been misinterpreted and ignored by the Governments of Canada and Quebec.

Pursuant to its mandate, the Cree-Naskapi Commission has submitted, to date, a total of eight biennial reports to the Minister of Indian Affairs who tables each report in both Houses of Parliament. The findings of the Cree-Naskapi Commission pertain to the issues and concerns of the Cree and Naskapi communities relating to the implementation of the JBNQA, the NEQA and the CNQA. In particular, the Commission recommended appropriate amendments to the Cree-Naskapi (of Quebec) Act with the objective of enhancing Eeyou local government. In particular and amongst other recommendations, the Commission has recommended that the inherent right of Eeyou governance and the application of Eeyou traditional law and customs be recognized and provided for in the amendments to the Act. The Government of Canada, for the most part, has chosen to ignore the findings and recommendations of the Cree-Naskapi Commission.

The full potential of local self-government, with its dynamic and evolving nature, has not yet been realized nor achieved by the Cree and Naskapi First Nations because, as one principal constraint, the Cree-Naskapi (of Quebec) Act, after twenty (20) years, remains an inflexible, rigid and unchanging instrument. (However, the JBNQA is a treaty, with an evolving character, as it has been amended by means of seventeen Complementary Agreements to meet the needs and changing conditions of the parties concerned.) Therefore, the Cree-Naskapi (of Quebec) Act, must be amended in order to provide a flexible framework to accommodate the full range of governmental, administrative and political arrangements needed and sought by the Cree and Naskapi First Nations and peoples. Such arrangements include the following:

a) flexible legislation with periodic reviews and appropriate amendments;
b) full legitimacy, power and resources to be orderly and effective;
c) redefined relationship between the Eeyou and federal governments; and
d) sufficient resources and appropriate funding arrangements to enable the exercise of effective local Eeyou government.

In addition, Eeyouch and Eeyou leadership envisage the enhancement and advancement of local Eeyou government on the basis of Eeyou rights, goals, needs and aspirations. In particular, the vision for local Eeyou self-government encompasses the following principles, elements and attributes:

a) exercise of right of self-determination;
b) full expression and exercise of inherent right of Eeyou self-government;
c) enhancement of powers and authority;
d) extension of territorial jurisdiction;
e) redefinition of forms and institutions of governance;
f) allocation of adequate resources;
g) establishment of a firm economic base to promote self-sufficiency;
h) clarification and recognition of legitimacy of Eeyou governance;
i) redefinition and establishment of just relationships;
j) establishment of Eeyou-oriented and community-based administration of justice;
k) recognition and affirmation of traditional law and customs;
l) application of Eeyou principles and values;
m) conformity with the present state of aboriginal law; and
n) empowerment of Eeyou.

New Relationship between the Cree Nation of Eeyou Istchee and the Government of Quebec

The signing of the JBNQA did not mark the end of conflicts and disputes with government. Rather it signaled the beginning of continued confrontation between Eeyouch (Cree) and the Governments of Quebec and Canada over the proper implementation of the JBNQA. Over the first quarter century since the execution of the JBNQA, the Cree have engaged in numerous reviews with the Governments of Canada and Quebec regarding the proper implementation of the terms and provisions of the JBNQA. These review processes have resulted in a continuous circle of broken promises as the JBNQA commenced to fall into the long trail of broken treaties. Eeyouch eventually resorted to litigation in defense of their rights as reviews of government obligations and negotiations to resolve disputes over the letter, intent and spirit of the JBNQA have in most cases failed. As a matter of fact, the Cree have initiated or joined in, about thirty lawsuits respecting enforcement of Eeyou rights since 1972. Most of these lawsuits pertain to the failure and refusal of the Governments of Canada and Quebec to honour and fulfill their commitments to Eeyouch of Eeyou Istchee under the JBNQA. In particular, these court proceedings dealt with, amongst other matters, Cree rights under the JBNQA such as the application of the environmental and social protection regime under section 22 of the JBNQA and the requirement for Cree consent on resource development. As they did in the era preceding the negotiation of the JBNQA, these lawsuits helped gain the attention of governments (at least the Quebec government), and contributed to a new round of political negotiations.

The Cree people continue to view their Treaty-the James Bay and Northern Quebec Agreement-as the primary means of acknowledging and structuring their relationships with the governments of Canada and Quebec. In this regard, the proper implementation of the letter, intent and spirit of this Treaty is an essential means of maintaining those relationships over time.

However, from the Eeyou perspective, a relationship among peoples and nations is not a static thing-it changes and develops in response to new needs and conditions. If constant efforts are not made to negotiate and update the agreements in terms of which these relationships are embodied and maintained, the relationships themselves can easily deteriorate and fall apart. With this goal in mind, the Cree Nation of Eeyou Istchee concluded a historic Agreement with the Government of Quebec. On February 7, 2002, in Waskaganish, Eeyou Istchee, the Grand Council of the Crees/Cree Regional Authority and the Government of Quebec signed the "Agreement Concerning a New Relationship Between le Gouvernement du Quebec and the Crees of Quebec." This is a nation-to-nation agreement between Quebec and Eeyouch of Eeyou Istchee which promises to strengthen political, economic and social relations between Quebec and the Crees.

The New Relationship Agreement marks an important stage in a new nation-to-nation relationship based on openness, mutual respect, an expanded sphere of Cree autonomy, and increased responsibility of the Cree Nation for its own economic and community development. With respect to economic development in particular, the Agreement recognizes an important right of Eeyou to benefit directly from resource development within Eeyou Istchee.

For the period of fifty (50) years commencing from April 1, 2002, Eeyouch assume the obligations of Quebec concerning economic and community development under the provisions of the James Bay and Northern Quebec Agreement. Furthermore, for a period of fifty years commencing on April 1, 2002, Quebec shall pay to Eeyouch an annual amount to enable them to assume these obligations.

The assumption of these obligations with the accompanying financial resources will undoubtedly advance Eeyou governance, since Eeyou local and regional governments will now exercise power and jurisdiction over the social and economic development of their own communities. In fact, particularly over the past three decades, Eeyou governments have already been exercising such powers and jurisdiction for economic and community development. The New Relationship Agreement simply formalizes these arrangements and provides them with a more secure funding base.

The New Relationship Agreement does not affect the obligations of the Government of Canada to Eeyouch under the JBNQA. Moreover, it remains to be seen whether Canada intends to follow the lead of Quebec in fulfilling its obligations to Eeyouch of Eeyou Istchee in a manner which addresses the spirit and intent of the JBNQA and which sets an acceptable standard of the nation-to-nation relationship between Eeyouch and Canada. Up to now, the Government of Canada has demonstrated neither good faith nor the political will to do so.

The leadership of the Cree Nation of Eeyou Istchee has stated to the Commission that the Government of Canada should establish a similar relationship with Eeyou of Eeyou Istchee through negotiations and a similar agreement respecting Canada's obligations to the Crees under the JBNQA. Therefore, a redefined relationship between the Eeyou and federal governments must, amongst other obligations, adequately affirm, recognize and provide for legitimacy, power and resources for orderly and effective local and regional Eeyou government.

However, Grand Chief Ted Moses states that "to date, DIAND has been incapable of articulating a coherent response to the new political, legal and financial situation resulting from the new agreement between the Cree Nation and Quebec."⁵

Implementation of the Cree-Naskapi (of Quebec) Act
Over the past twenty (20) years (since the enactment and proclamation of the Cree-Naskapi (of Quebec) Act, the Commission has identified, from the Eeyou Nations, the most serious issues and concerns respecting the implementation of the Act as follows:

1. Duties and Responsibilities of the Government of Canada

By enacting the Cree-Naskapi (of Quebec) Act pursuant to treaty obligations, the Government of Canada assumed certain duties and responsibilities for the proper administration and implementation of the Act. (The Cree and Naskapi local governments also assume certain duties and responsibilities for the proper implementation of the Act.)

Since its enactment by Parliament in 1984, the implementation, in letter as well as the spirit and intent, of the Cree-Naskapi (of Quebec) Act, has not been conducted, in a manner, that recognizes, enhances and enables the present state, practice and full potential of Cree and Naskapi local self-government.

The proper implementation of the Cree-Naskapi (of Quebec) Act was not anticipated to be an easy and simple process. In the first place, it was the Cree and Naskapi peoples who had the political will and vision to demand and initiate the change of local government from the restrictive legal regime of the Indian Act to that of the Cree-Naskapi (of Quebec) Act as contemplated in the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement. Therefore, the Cree and Naskapi peoples expect the Government of Canada to find the political will and provide legislative and administrative as well as financial measures necessary for the advancement and completion of this change. In many ways, this change involves the redefinition of relations between the Government of Canada and the Cree and Naskapi (First) Nations. To a large extent, the proper and successful implementation of the Cree-Naskapi (of Quebec) Act has been hindered by the absence of an understanding or agreement on the nature of relations that should exist between Canada and the Cree and Naskapi peoples.

The Cree-Naskapi (of Quebec) Act establishes government-to-government relations and imposes

responsibilities and obligations upon the Government of Canada as a whole and not solely upon the Department of Indian Affairs and Northern Development for the normal and primary means of implementation of the Cree-Naskapi (of Quebec) Act. However, meaningful and productive government-to-government relations are essential and necessary with the Government of Canada as a whole and not solely with DIAND which lacks the structure and resources to effectively coordinate interdepartmental interests and responsibilities for the proper implementation of the Cree-Naskapi (of Quebec) Act. The Report of the Auditor General of Canada to the House of Commons for the fiscal year ended, March 31, 1986, confirms the latter point. The government-to-government relations have, from time to time, been confrontational and adversarial. However, these relations have forged agreements, after difficult and strenuous negotiations, for the benefit and interests of the Cree and Naskapi local governments. But, the partnership of Canada and the Cree and Naskapi First Nations must be renewed with the Government of Canada as a whole. Furthermore, the purpose of the Act should assert the obligations of Canada for effective government-to-government relations.

The Cree-Naskapi (of Quebec) Act does not, specifically, establish a process for its proper implementation. In the absence of such a process, general responsibility for the proper implementation of the Cree-Naskapi (of Quebec) Act was assumed by the Department of Indian Affairs and Northern Development (DIAND). This assumption of general responsibility by the DIAND has resulted to both positive and negative consequences for the implementation of the Cree-Naskapi (of Quebec) Act. Nevertheless, the Cree-Naskapi (of Quebec) Act should be amended to provide for a meaningful, periodic and effective process of review and implementation of the Act with the direct participation of the Cree and Naskapi parties. This periodic review should include the assistance of the Cree-Naskapi Commission.

Typically, the process of implementation, as in the case of the Cree-Naskapi (of Quebec) Act, has been that parliament enacts legislation and its administration and implementation remains the responsibility of the Minister of Indian Affairs and Northern Development. At best, there are a few questions of organization such as the present James Bay Implementation Office. Throughout this traditional form of implementation, the Cree and Naskapi peoples are denied a meaningful role in the decision-making process even though they (the Eeyouch) are most impacted by the application, administration and implementation of the Cree-Naskapi (of Quebec) Act. The conventional style of implementation is frequently insensitive to the actual needs and aspirations of the Cree and Naskapi peoples and has resulted in symbolic implementation that amounts to no real change in how decisions are made and in how things are done.

The proper and successful implementation of the Cree-Naskapi (of Quebec) Act is an integral part of the political process in which the duties and responsibilities of the federal, Cree and Naskapi (local) governments, as well the Cree Nation regional authorities, should be clarified and agreed upon by the parties.

2. Operations and Maintenance (O & M) Funding
To be consistent with the spirit and intent of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement and, in particular, the Cree-Naskapi (of Quebec)Act, in 1984, the representatives of the Government of Canada, the Cree and Naskapi governments and authorities concluded an understanding on a mechanism for the funding of Cree and Naskapi

local governments and administration. The Government of Canada later refused to accept the Statement of Understanding as a binding agreement. The disagreement over the Statement of Understanding led to confrontation, litigation, negotiations and eventually to a mediated settlement.

In particular, the parties agreed that the Government of Canada would provide an ongoing operations and maintenance subsidy to support the exercise of local government for the Cree and Naskapi peoples. The present 'Operations and Maintenance Funding Transfer Payment Agreements' provides for an annual operations and maintenance subsidy for the Cree and Naskapi local governments as well as regional administration for the Cree.

These transfer payment agreements usually provide for an annual subsidy for a period of five (5) years after which new agreements are negotiated. However, the Government of Canada continues to insist on funding agreements that fail to take into account the evolving needs and realities of Eeyou self-government. Under these funding agreements, the Crees and Canada were to review the agreement and funding formula to take into account the evolving needs and matters that were not anticipated in the original funding agreement. This review has not happened in an acceptable manner as Canada has simply extended the application of the previous funding agreement with an adjustment for funding.

The Cree local governments have expressed the following main concerns respecting the 'Operations and Maintenance (O & M) Funding Transfer Payment Agreement':

a) The Government of Canada has, allegedly, failed to comply with important and essential provisions of the O & M funding agreement;
b) The Government of Canada has not exercised its fiduciary responsibility, in a manner to protect the interests of the Eeyouch;
c) Canada has refused to review the current situation, changing circumstances and needs of the Cree even though such a review is provided for by the said funding agreement; and
d) The funding levels or criteria for the base year, as established in 1984, must be reviewed and revised to reflect the present circumstances, reality and needs of the Cree local governments and administration.

Earlier in the present chapter, resources have been identified as one essential attribute for an effective and orderly government. Therefore, sufficient funding and satisfactory financial arrangements must be in place to enable the effective exercise of local government.

The Cree party has expressed difficulties in implementing and renewing these financial arrangements every five (5) years. It is time for a redefinition of the fiscal relations with a new financial arrangement that will definitely comply with Treaty obligations and support effective, orderly and meaningful self-government in accordance with the needs and aspirations of the Eeyouch.

3. Capital Projects and Community Development

In spite of Canada's obligations to Eeyou under the JBNQA and in spite of these needs of the Eeyou communities, capital projects negotiations and agreements on funding arrangements have led to demands from the Government of Canada for an outright release from treaty obligations and commitments. As an example, Canada insists on such an outright release with respect to fire protection after the Crees have received some federal funding. As far as Eeyouch are concerned, the Government of Canada must respect and honour its obligations to Eeyouch to fund fire protection and capital projects such as housing and community infrastructure as long as the JBNQA is in force.

4. Bill C-23 (An Act to Modernize the Statutes of Canada in Relation to Benefits)

Due to a decision of the Supreme Court of Canada, the Government of Canada has tabled and enacted Bill C-23-legislation respecting the rights of same sex couples and benefits. Bill C-23 requires amendments to the definitions of 'consorts' in section 174 of the Cree-Naskapi (of Quebec) Act.

The Cree and Naskapi Nations have taken the position that the Government of Canada cannot unilaterally amend the pertinent section of the Cree-Naskapi (of Quebec) Act. By virtue of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement, such amendments to the Act require agreement with the Cree and Naskapi parties. The concern is therefore with the failure to respect the amendment process rather than with the substance of the amendment.

5. Cree-Naskapi Commission

In the absence of a comprehensive process for the proper and successful implementation of the Act, the Cree-Naskapi Commission has duties to prepare biennial reports on the implementation of the Act and to investigate any representations submitted to it relating to the implementation of the Cree-Naskapi (of Quebec) Act. The biennial report is submitted to the Minister of Indian Affairs and Northern Development who causes the report to be laid before each House of Parliament.

In virtue of section 165 (1) (b) of the Cree-Naskapi (of Quebec) Act, the Commission has the duty to "investigate any representation submitted to it relating to the implementation of the Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act." Furthermore, section 21, (j) of the Act states that one of the powers and objects of the Bands is "to exercise the powers and carry out duties conferred or imposed on the band or on its predecessor Indian Act band by any Act of Parliament or regulations made thereunder, and by the Agreements." (Emphasis by the Commission)

The James Bay and Northern Quebec Claims Settlement Act-an Act of Parliament-approves, gives effect to and declares valid the James Bay and Northern Quebec Agreement. Pursuant to this Act, the Governor-in-Council, by order, approved, gave effect to and declared valid the Northeastern Quebec Agreement.

Consequently, the Cree-Naskapi Commission considers that it has, at least, the duty and responsibility to report on the implementation of the Agreements, in so far, as these Agreements relate to the exercise of a power and performance of a duty of the Cree and Naskapi local governments.

The Department of Indian Affairs and Northern Development (DIAND) does not concur with this particular interpretation of the duty of the Commission.

The Eeyou governments have often stated that the Commission should continue to report on the implementation of the James Bay and Northern Quebec Agreement.

Since the coming into force of Part XII of the Act, the Cree-Naskapi Commission has produced eight (8) reports on the implementation of the Cree-Naskapi (of Quebec) Act and, to some extent, on the implementation of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement. As the findings and recommendations of the past reports of the Commission have been effectively, to a large extent, ignored by the DIAND, these findings and recommendations have had no bearing, impact or influence in the decision-making and policy-making processes of the Government of Canada in a manner that recognizes, enhances and enables the present state, practice and full potential of the Cree and Naskapi local governments.

However, the findings and recommendations of the Cree-Naskapi Commission as stated in the 1998 Report are supported, in principle, by resolutions of the members of the Grand Council of the Crees (Eeyou Istchee) and the Naskapi Nation of Kawawachikamach. Furthermore, the members of the Cree Nation of Eastmain, at their 1999 Local Annual General Assembly, adopted a resolution that extends full support to the recommendations of the 1998 Report of the Cree-Naskapi Commission. These resolutions are authoritative and consequently should be respected through appropriate actions and measures by the Government of Canada.

Currently, the Cree-Naskapi Commission, itself, suffers from a lack or absence of a proper and effective implementation mechanism. This fact that there is no present mechanism to ensure the proper implementation of the recommendations of the Cree-Naskapi Commission is a cause for some concern.

Commissions are important instruments of policy-making. Their aim has been to achieve more widespread public understanding of the questions at issue and a more informed basis for policy choices by the decision-makers.

Part I of the Inquiries Act governs the Commissions with a high profile such as Royal Commissions and task forces which are temporary organizations created to investigate specific incidents or general policy concerns and report to government. They are usually dismantled after the delivery of their report and so are not involved in the implementation of any of their recommendations.

However, the Cree-Naskapi Commission was established by special federal legislation- Cree-Naskapi (of Quebec) Act-which was enacted by Parliament pursuant to treaty obligations under the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement.

As most of the recommendations of the Commission concern the implementation of the Cree-Naskapi (of Quebec) Act, the Government of Canada is faced with major policy issues respecting the exercise of Cree and Naskapi local government. Consequently, the right and exercise of Aboriginal (Cree and Naskapi) self-government is clearly a major issue that requires study and policy advice. However, the recommendations of the Cree-Naskapi Commission are only truly relevant when they are properly and successfully implemented in a manner that meets the needs and aspirations of the Cree and Naskapi local governments. Because the Government of Canada appears to be engaged in a process of institutionalized delay on the question of the right and exercise of Aboriginal self-government, the Cree-Naskapi Commission has seemingly become irrelevant to the policy and decision-makers of government.

Therefore, the question of the relevance or irrelevance of the Cree-Naskapi Commission in the decision-making as well as policy-making processes respecting the implementation of the Cree-Naskapi (of Quebec) Act must be addressed, more so, after about twenty (20) years of existence of the Commission.

During the discussions, in 1975 to 1984, with the representatives of the Government of Canada on terms and provisions of the Cree-Naskapi (of Quebec) Act, the Cree party envisaged a process in which the effectiveness of the Cree-Naskapi Commission would be reviewed.

Therefore, pursuant to section 172 (1) of the Cree-Naskapi (of Quebec) Act, after an initial period of 5 years of operation of the Commission, an independent Inquiry was established to inquire into the powers, duties and operation of the Cree-Naskapi Commission.

The Report of the Inquiry into the Cree-Naskapi Commission was submitted to the Minister of Indian Affairs and Northern Development in April, 1991.

In their letter of submission of their report dated April 4, 1991, the members of the Inquiry into Cree-Naskapi Commission state:

"It is our hope that this report will provide a basis for the Cree, the Naskapi and the Federal Government to work co-operatively together to achieve agreement on the future of the Commission in such a way as to ensure that this body, which is unique in Government-Aboriginal relations in Canada, is better able to serve the common interests of the parties to Canada's first legislation recognizing Indian self-government."⁶

Thirteen (13) years have elapsed since the submission of the Report of the Inquiry into the Cree-Naskapi Commission. The status quo remains as the Government of Canada has seemingly ignored the recommendations of the Inquiry into the Cree-Naskapi Commission.

Furthermore, the members of the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority and the Naskapi Nation of Kawawachikamach, at their respective 1999 Annual General Assembly, adopted resolutions which provide that the powers, duties and operations of the Cree-Naskapi Commission be reviewed and appropriately revised by the Governments of Canada, Cree Nation and Naskapi Nation (of Kawawachikamach) by taking into account the experiences of the Cree-Naskapi Commission, Cree and Naskapi local governments and the findings and recommendations of the 1991 Inquiry into the Cree-Naskapi Commission. In a letter, dated March 16, 2000, addressed to the present Chairman of the Commission, the Minister of Indian Affairs and Northern Development responds to these Cree and Naskapi resolutions in the following way:

"I note from your letter that the Cree and Naskapi General Assemblies have suggested revising the powers and duties of the Cree-Naskapi Commission. While the Commission currently plays an important role in reporting on the implementation of the Cree-Naskapi (of Quebec) Act, as well as investigating representations based on the Act, the federal government does not foresee, at this time, making any revisions to the mandate of the Cree-Naskapi Commission. I feel that such revisions should only be considered in the context of a much broader initiative aimed at redefining self-government for the Cree and/or Naskapi."

Consequently, as far as the federal government is concerned, any revisions to the current mandate of the Cree-Naskapi Commission should only be considered in the context of a much broader initiative aimed at redefining self-government for the Cree and/or Naskapi.

Amendments to the Cree-Naskapi (of Quebec) Act

In the preparation of its biennial reports on the implementation of the Cree-Naskapi (of Quebec) Act, the Cree-Naskapi Commission has conducted public consultations with the Government of Canada, Cree and Naskapi First Nations and other interested parties as part of its fact-finding procedures. In addition, the Commission has prepared discussions papers on the implementation and amendments to the Cree-Naskapi (of Quebec) Act as well as investigation reports in response to certain representations made with regards to band elections. Based on its findings and conclusions, the following general issues and concerns require immediate attention by Canada for possible amendments to the Cree-Naskapi (of Quebec) Act in order to enhance the exercise of local Cree and Naskapi self-government:

A. Eeyou (Cree and Naskapi) Issues

The Cree and Naskapi representatives made the following principal comments and recommendations respecting the implementation of and amendments to the Cree-Naskapi (of Quebec) Act and the exercise of Eeyou self-government:

1) The implementation of the Cree-Naskapi (of Quebec) Act set up relations between the Cree nation consisting of nine communities and the Government of Canada.

2) The right of Eeyou to govern is in only a small way expressed in section 9 of the JBNQA and partially expressed through the Agreement.

3) The inherent right of Eeyou people to govern is however much more than what is set out in section 9 or indeed in the whole Agreement.

4) The preamble in the Cree-Naskapi (of Quebec) Act affirms that the Cree would not be limited by the Act in the future and could benefit "from legislative or other measures respecting Indian Government in Canada that are not incompatible with the said Agreements."

5) The terms and provisions of the Cree-Naskapi (of Quebec) Act must evolve and be consistent with the present situation, needs, aspirations and reality of Eeyou local government.

6) The Ouje-Bougoumou Eenouch (Cree) must be incorporated into the James Bay and Northern Quebec Agreement by way of a Complementary Agreement and consequently be incorporated as the Ouje-Bougoumou Eenouch through appropriate amendments to the Cree-Naskapi (of Quebec) Act.

7) The role of the Cree-Naskapi Commission must be more effective in the resolution of disputes, issues and grievances. The Commission must be more independent and its decisions should be binding on the parties concerned.

8) The modernization of the Cree-Naskapi (of Quebec) Act remains an outstanding issue.

9) The provisions of the Cree-Naskapi (of Quebec) Act must be clarified and/or amended for the following matters:

a)   Accountability of the local authorities and officials to the local electorate;

b)   Duties of the Chief and Deputy Chief;

c)   Powers of Chief and Council as determined by the Cree Nation;

d)   Manner of enactment of legislation such as by-laws and regulations;

e)   Meetings of the Council;

f)   Transitional process of authority with a change in leadership;

g)   General meetings;

h)   Rules of conflict of interest;

i)   Roles and duties of the Band Secretary and Treasurer;

j)   Financial administration; and

k)   Recognition of a Cree National Government as well as the Grand Council of the Crees (Eeyou Istchee) and the Cree Regional Authority.

10) Financial resources are needed for the implementation of by-laws.

12) The provisions of the Cree-Naskapi (of Quebec) Act relating to 'Eligibility to be Elected and to Serve as Council Member' should be amended to prohibit officials such as the Director of Operations and Executive Director of the Band Corporation from holding public elected office of the Band Corporation.

13) The amendments to the Cree-Naskapi (of Quebec) Act desired by the Naskapi Nation of Kawawachikamach include the following:

a.   lowering certain quorums

b.   permitting law enforcement officers to issue tickets rather than summonses to offenders of Naskapi Nation by-laws

c.   enabling Council to conduct business without calling a meeting in certain circumstances.

14) The tax exemption provisions in the Cree-Naskapi (of Quebec) Act require clarification and expansion to include all beneficiaries of the James Bay and Northern Quebec Agreement and wholly owned 'band,' bodies, entities or Corporations.

15) The powers of the Band should be expanded and specific for local sustained economic development.

16) The Act should be updated for a more flexible system which allows for the waiver of the exemption from seizure of certain property located on Category IA lands, in order to provide increased commercial financing options for local businesses.

17) The Cree Nation of Eastmain should have the power to establish its own requirements for quorums in the public decision-making process.

18) The Cree-Naskapi (of Quebec) Act should be amended to ensure that the Cree Nation of Eastmain has as many implements as possible available to ensure that the resources necessary to its proper functioning are always available for the exercise of true self-government.

19) The powers of the Cree Nation of Eastmain to tax should be clarified and expanded as an attribute for local government finance.

20) The legislative powers of the Band should be clarified particular in respect to the general application or non-application of provincial laws.

21) The Cree Nation of Eastmain should have legislative authority to establish control and administer the local Land Registry System.

22) The Cree-Naskapi (of Quebec) Act should be amended to provide for the payment to the Cree Nation of Eastmain of fines levied and collected for violation of certain by-laws, as well as for tickets issued for violation of traffic regulations, preferably not only on Category IA lands, but on all Category I and II lands that are part of the Eastmain Access Road from the Matagami-LG2 highway.

23) The Cree Nation, through the Grand Council of the Crees (Eeyou Istchee/Cree Regional Authority) should develop, establish, and implement a national standard or law on all matters respecting elections. This standard or law on elections would be adopted by the Cree Nation and replace provisions on elections contemplated by the Cree-Naskapi (of Quebec) Act.

24) The Land Registry System and process should take into account the Cree way of life and traditions. The Cree land registry system should be recognized and fully implemented as the federal government is trying to impose the federal land registry system upon the Cree Nation.

25) The Cree Nation of Eeyou Istchee should proceed with a complete and thorough review of:

a.   the application of the Cree-Naskapi (of Quebec) Act since its implementation in 1984;

b.   the role of the Cree-Naskapi Commission; and,

c.   the role of the Federal Government.

26) In order to assist in the implementation of the James Bay and Northern Quebec Agreement and provide good government, the Cree local governments should have additional and expanded powers.

27) The officials of the local government lack institutional support in order to carry out their duties and responsibilities.

B. Local Government Elections

Over the past years, most of the representations made by Eeyou individuals, pursuant to section 165 (b) of the Cree-Naskapi (of Quebec) Act, relate to local government elections. In addition to the particular investigation reports submitted to the individuals, officials and authorities concerned, the Cree-Naskapi Commission has, as stated, produced a discussion paper entitled 'Local Government Elections of the Cree and Naskapi (First) Nations,' dated September 22, 1999.

The said discussion paper which includes the recommendations of the Commission is available on the Web site of the Commission.

Since the establishment of the Cree-Naskapi Commission, the Commission has received representations respecting the regulation and conduct of band elections from certain Eeyou individuals. It has been the Commissioners' experience that these representations have revealed substantive concerns with the existing electoral arrangements. More specifically, this includes concerns about the election provisions of the Act itself, concerns about By-law provisions, concerns about application of traditional law and customs as well as the practices surrounding the conduct of elections and contestation of election results.

C. Other Issues and Concerns

Furthermore, the Cree-Naskapi Commission has also produced a discussion paper- 'Implementation of and Amendments to the Cree-Naskapi (of Quebec) Act.' Based on its findings and conclusions and submissions of the Cree and Naskapi Nations, the following matters constitute the major issues and concerns respecting the implementation of and amendments to the Cree-Naskapi (of Quebec) Act as described in the said discussion paper:

a)   federal fiscal policy and funding

b)   government-to-government Relations

c)   public forums and quorums for decision making

d)   police and enforcement

e)   administration of justice

f)   powers and jurisdiction of governments

g)   implementation of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement

h)   powers, duties and operation of the Cree-Naskapi Commission

i)   incorporation of the Ouje-Bougoumou Cree Nation

j)   application of Eeyou traditional laws and customs

k)   process of amendments to the Acts

l)   membership and names of First Nations

m)   legislative authority of Cree and Naskapi local governments respecting the following:

• Land Registry System
• Band Elections
• Conflicts of Interest

• Code of Ethics
• Challenges to By-laws or Resolutions
• Trade and Commerce
• Operation of Councils of Local Government
• Cultural Activities
• Power of Entry
• Outstanding Accounts

n)   taxation

o)   prevailing authority of by-laws

p)   implementation of the federal firearms legislation

q)   seizure exemptions

r)   financial administration of Bands

s)   mineral, subsurface and mining rights

t)   jurisdiction over certain parcels of Category II lands

u)   payment of fines

v)   traffic ticket system

w)   by-law powers pursuant to the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement

x)   local environment administrators

y)   authority of Cree tallymen and conservation officers

z)   benefits of future legislation and other measures respecting Indian Government.

For details on these matters, the discussion paper of the Commission on the implementation of and amendments to the Cree-Naskapi (of Quebec) Act is available on the website of the Commission. These matters for consideration as possible amendments to the Cree-Naskapi (of Quebec) Act are also supported in principle by the Cree and Naskapi peoples and governments.

CONCLUSION
Eeyou-federal relations need to be clarified and in some cases redefined by Eeyou and Canada to ensure an orderly and effective system of Eeyou local government in accordance with the vision, needs and aspirations of the Eeyou Nations.

Based upon the findings and conclusions of eight biennial reports, two discussion papers and certain investigations of the Cree-Naskapi Commission, it is definitely and essentially clear that the Cree-Naskapi (of Quebec) Act should be reviewed and amended to provide for an orderly and efficient system of Cree and Naskapi local government, for the administration, management and

control of Category IA and Category IA-N land by the Cree and Naskapi bands respectively consistent with the present practice of Eeyou governance and the present state of aboriginal law and Eeyou traditional law.

Consequently, and in conclusion, a meaningful process must be established and implemented by the Governments of Canada, Cree and Naskapi peoples for a full and comprehensive review of the Cree-Naskapi (of Quebec) Act with the objective of identifying and determining appropriate amendments to the special federal legislation respecting Cree and Naskapi local government. This process must include a clear undertaking that the Government of Canada shall amend the Cree-Naskapi (of Quebec) Act, in a manner, that recognizes, enhances and enables the present state and exercise and full potential of Cree and Naskapi local self-government.

END NOTES
1 This Chapter is an update, integration and summary of discussions papers prepared by the Cree-Naskapi Commission as well as Chapter 8 of the 2000 Report of the Commission. The discussion papers, available on the Web site of the Commission, are entitled 'Implementation and Amendments of the Cree-Naskapi (of Quebec) Act' and 'Local Government Elections and the Cree-Naskapi (of Quebec) Act.'
2 Aboriginal Self-Government. The Government of Canada's Approach to Implementation of the Inherent Right and the Implementation and the Negotiation of Self-Government, Federal Policy Guide, Indian and Northern Affairs Canada.
3 Waskaganish Band v. Blackned [1986] 3 C.N.L.R. 168 at 187.
4 Eastmain Band v. Gilpin [1987] 3 C.N.L.R. 54 at 67.
5 Grand Council of the Crees (Eeyou Istchee) - Submission to the Cree-Naskapi Commission - Montréal, Quebec