James Bay And Northern Quebec Land Claim

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 Canada's 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) Quebec's refusal to take any responsibility in the matter of Indian

title led to the land claim agreement.

When Quebec's 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 Quebec's 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 Inuit's 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,