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Signatories to JBNQA. INDIGENOUS PEOPLES Grand Council of the Crees Northern Quebec Inuit Assoc’n GOVERNMENTS Canada Quebec CORPORATIONS Hydro Quebec James Bay Development Corp. James Bay Energy Corp. Concessions by the Cree & Inuit.
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Signatories to JBNQA • INDIGENOUS PEOPLES Grand Council of the Crees Northern Quebec Inuit Assoc’n • GOVERNMENTS Canada Quebec • CORPORATIONS Hydro Quebec James Bay Development Corp. James Bay Energy Corp.
Concessions by the Cree & Inuit • Relinquished aboriginal title & renounced all claims(policy of extinguishment) • Relinquished mineral rights • Do not have ownership of Category I lands • Stopped their court case and agreed to not otherwise challenge the James Bay Hydro project in court.
What Did The Crees Receive?A. Financial & Infrastructure • $225 million (less discounting & inflation) compensation, in various forms, over 20 years • A guarantee that a bridge will be built & access roads to link Ft. George with the mainland road system • A guarantee of electricity & of a water intake system for Ft. George • Continued negotiation on some other access roads for other Cree communities
The Effect of Discounting & Inflation • See separate transparency for demonstration of the erosion of the $225million JBNQA settlement to $95 million when payments are spread over 20 years, discount rate is 3.5% and inflation ranges from 6% to 2%
What Did The Crees Receive? B. Land • Exclusive use & enjoyment of Category I lands, incl. right of veto of Quebec’s use of its mineral rights on Category I lands. • Category II and III privileges as described earlier (e.g., some species reserved to them on Category III lands; no stumpage on Category III lands for non-commercial harvesting of trees)
What Did The Crees Receive?C. Hunting, Fishing, & Trapping • Right to H,F, &T year-round on Category III lands, subject to conservation, with certain species reserved for them • Creation of H, F, & T Co-ordinating Committee - see next slide • Guaranteed Income Program for Cree Hunters, Fishers, & Trappers - see later slide
The Hunting, Fishing, & Trapping Co-ordinating Cte • A body of experts; makes recs to govt • POWERS: allocate quotas, protect certain species, regulate outfitters and commercial fishery, establish parks & game sanctuaries, regulate fur trade, and set enforcement methods & procedures • COMPOSITION: 3 members appointed by each of Grand Council of Crees, N. Quebec Inuit Assocn, Govt of Quebec, & Govt of Canada • CHAIRMAN: has second vote to break a tie • Policing of H,F,&T regime mainly by Native personnel once properly trained at Que & fed. expense
What did the Crees receive? D. Economic & Social Measures(Slide D.1 of D.4) Establishment of: • James Bay Native Dvlpmt Corp. (see later slide) • Joint Econ & Community Dvlpmt Cte (see later slide) • Affirmative action progs for the Cree for govt positions in the territory • Guaranteed Income Prog for Cree H,F, & T who wish to maintain their traditional way of life (see later slide) • Itinerant Courts
The James Bay Native Development Corporation(Slide D.2 of D.4) • Subsidiary of the James Bay Development Corp. • 2 of its 5 directors are appointed by the Cree • PURPOSES: to facilitate, stimulate, promote, and invest in Cree economic development e.g., outfitting, tourism, Native arts and crafts, forestry, mining, fuel distribution, road maintenance
The Joint Economic & Community Development Committee(Slide D.3 of D.4) • Advisory only • FUNCTION: Reviews and makes recommendations re: the various programs related to the social & economic development of the Crees • MEMBERSHIP: (n=9) 5 appointed by the Cree 2 appointed by Quebec 2 appointed by Canada
The Guaranteed Income Program for Cree Hunters, Fishers, & Trappers(Slide D.4 of D.4) • Funded by Quebec • Board (N=6): 3 appointed by Quebec and 3 by the Cree Regional Authority • Entitlement: Is determined by family size and number of days spent in the bush, to a maximum of $2,400/year for each adult, but Old Age pension payments are deducted, as is 40% of other income • Indexed to cost of living • Number of person-hours compensated per year is capped
What Did The Crees Receive?E. Government • Right to co-manage Category II lands with Municipality of James Bay • Exclusive regulatory /manage-ment authority over H,F, & T on Category II lands • Recognition of local councils as ‘mere’ municipalities under Quebec provincial legislation, with powers similar to other municipalities • Regional Government: Crees get equal representation with the J.B. Municipality on JBM’s Zone Council, which has by-law making powers for Category II lands. HOWEVER, those by-laws are subject to veto by JBM itself. (13 Inuit communities get Kativik regional govt)
What Did the Crees Receive?F. Regional Boards • Cree Regional Board of Health and Social Services Also, Kativik Health & Soc. Services Council Each board comprises elected reps of the Cree or Inuit communities + some ex officio members (e.g., gen mgr of hosp.) • Cree Regional School Bd. Also, Kativik School Bd- Same powers & functions as other school boards in Quebec - Can use the Native language as the language of instruction
What Did the Crees Receive?G. Environment • J.B. Advisory Committee on the EnvironmentMEMBERSHIP (N=13): 4 mbrs appointed by each of Crees, Canada, & Quebec. 13th mbr is Chair of H,F,&T Co-ord. Cte. POWERS: has the right to be consulted on envir. & soc. Protection regulations where Natives have exclusive H,F, & T rights • Most development will be automatically subject to soc & environ impact assessment review, with Native reps on the panel • GUARANTEES: erosion control; minimum river flow volumes