Essay About Northern Quebec Land Claim And James Bay

James Bay And Northern Quebec Land Claim
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I chose to do my research paper on land claims. In this paper I will give an assessment of
the James Bay and Northern Quebec land claim final settlement as well as compare it with the
Labrador Inuit land claim. I will talk about the participants in the negotiations, as well as
compensation recieved. I will also describe some of the implementation procedures as well as
land regimes. Finally I will discuss some of the third parties involved as well as resource
revenues allocation.
The James Bay and Northern Quebec agreement was probably the most significant land
claim settlement ever. Its “often referred to as Canadas first modern land claim agreement” (
Indian and Northen Affairs Canada, pg 28) Its legal status was that of a binding contract, that
could not be broken. The whole process started when the James Bay Hydroelectric project began
to construct on land that the natives used for hunting and trapping that was unceeded. Many
rivers were dammed and diverted which in turn caused mass flood and led to the deterioration of
many Cree and Inuit lives. The James Bay Hydroelectric project was the driving factor that lead
to the negotiations for a land claim settlement.
Quebec was obligated to look after Indian title after they signed the boundary extension
act of 1912, in which their territory was increased, but in which they were responsible for all the
land claim settlements to follow. “Unlike some other provinces such as Ontario, Quebec did not
deem it timely from 1912 on to have aboriginals release the right to which they could lay claim”
( Gangon and Rocher, pg 17) Quebecs refusal to take any responsibility in the matter of Indian
title led to the land claim agreement.
When Quebecs provincial government refused to negotiate a cession of property with
the Cree and Inuit, they took legal action and brought the provincial government as well as the
crown corporation of the James Bay development to court. The courts ruled that the James Bay
Hydroelectric project be halted but Quebecs court of appeal over turned this decision The issue
was close to reaching the Supreme Court of Canada but the James Bay and Northern Quebec
agreement was reached before it got to the supreme court.
The James Bay and Northern Quebec agreement was signed on November 11, 1975 after
a preliminary agreement was reached exactly a year before hand. It was signed by the provincial
government of Quebec as well as the federal government of canada and by representatives of the
aboriginal population (5000 Inuit and 7000 Cree) who were the only inhabitants of the 1 082 000
square kilometer territory.
Constant lobbying, discussions and meetings were held by participants in the negotiations to try
to implement the James Bay and Northern Quebec agreement. Some of the major participants in
the negotiations of the agreement was the Grand Council of the Cree, The Northern Quebec Inuit
Association, the Inuit of Quebec, the Inuit of Port Burwell, The Provincial government of
Quebec, the Federal government of Canada, The James bay development Corporation, The
James Bay Energy Corporation and Hydro Quebec.
In terms of compensation, the total amount given was 225 million of which the Canadian
government paid close to 15 percent while the Quebec government paid 85 percent. This money
was to be paid to Aboriginal non profit organizations. 75 million dollars was also to be given
from royalties from the development of the regions natural resources.
As for implementation procedures, the Cree and Inuit had to recruit and train native
administrators, managers and staff as new people were required to be hired as a result of the
agreement. Implementing the agreement itself was poorly planned and unorganized. These
problems came to light before the agreement was signed but it was agreed upon that they would
be dealt with after the signing of the agreement. ” The Cree and Inuit were forced to obtain and
oversee proper implementation of agreement.” ( Morse, pg 698) This statement is very true as it
basically became the Cree and Inuits responsibility to ensure that the agreement was not
breached.
In terms of land regime, the James Bay and Northern Quebec land claim agreement
“established a land regime dividing the territories into three categories of land, by which
determined the kind and nature of native property rights and hunting rights throughout the
territory” ( Morse, pg 687) The Cree were also given many exclusive rights to hunt, trap and
fish, rights to commercial fisheries, to determine if non natives could hunt and fish and under
what conditions they were allowed to,