Moving beyond the Indian Act

The following is adapted from a speech Philip Awashish delivered to the AGA of the Assembly of First Nations July 12 in Niagara Falls

I am a member of the Cree Nation of Mistissini of Eeyou Istchee. We call ourselves Eeyou of Eeyou Istchee rather than the Cree people of James Bay, Quebec. We cannot say the word “Cree” in our language because there is no “r” in our language. Besides, the spellcheck of the computers keeps suggesting I change the word “Crees” to “Creeps”.

I was one of the principal negotiators for the Eeyou of Eeyou Istchee in the negotiations that lead to the signing of our modern-day treaty known as the James Bay and Northern Quebec Agreement.

The negotiations that led to the signing of the JBQNA in 1975 were a rare opportunity for the Eeyou of Eeyou Istchee to achieve recognition and protection of rights, guarantees and benefits. These negotiations, and subsequent agreements, also provided a means for achieving our vision of self-government for our people, communities and lands.

In the early 1970s, we were about 6000 Eeyou living in six crude communities without electricity, suitable water and sewage systems, or adequate housing. We hunted and fished and this traditional way of life is still important to us. The non-Aboriginal governments did not recognize our rights to hunt and fish. We lived in an era when we were excluded from all decision-making regarding the governance, administration and management of our lands and natural resources.

In particular, non-Aboriginal governments did not recognize Aboriginal rights. The Constitution of Canada was silent on the issue. Hence, Canada and Quebec did not recognize the right of self-government. These governments held the view that Native people had no rights of government other than that the government chooses to legislate or impose such as the regime under the Indian Act.

The JBQNA arose out of what was initially opposition by Eeyou to proposed hydroelectric development in Eeyou Istchee. The Quebec government and Hydro-Québec, in April 1971, had announced the first major hydroelectric development project without consultations with the Eeyou who would be profoundly impacted by the proposed project. Quebec and Hydro-Québec denied our rights and ignored us. The government of Canada also decided to ignore us by calling their position “alert neutrality.”

So we sued Quebec, Canada and Hydro-Québec. The court cases initiated by Eeyou resulted, by a treaty process, in a negotiated settlement respecting the rights of Eeyou and development of natural resources in Eeyou Istchee. The treaty process was the way chosen to secure recognition and protection of Eeyou rights and to redefine relationships with Canada and Quebec.

In the negotiations leading to our treaty, we were offered certain powers for our local governments in addition to those provided at the time by the Indian Act.

However, the Eeyou leadership rejected the restrictive and supervised regime of local government imposed on the Cree bands by the Indian Act. We rejected the process of amending the Indian Act, which the federal government said would be done for our benefit. We rejected the entire Indian Act because at the time it was a discriminatory piece of legislation and it denied the rights of First Nations. So we decided to kill and bury the Indian Act.

Instead, we negotiated a process for special legislation concerning local government for the Eeyou and their communities. On November 11, 1975, the Grand Council of the Crees of Quebec, Northern Quebec Inuit Association, Government of Canada, Government of Quebec and certain crown corporations such as Hydro-Québec signed the JBQNA.

Consequently, the Government of Canada and the Grand Council of the Crees discussed the terms of the special legislation concerning local government for the Eeyou of Eeyou Istchee. This resulted in the Cree-Naskapi Act, which was adopted by Parliament in 1984.

I was one of the principal Eeyou negotiators for the Cree-Naskapi Act with Canada. It took us nine long years to negotiate and to determine suitable funding arrangements for the Cree local governments and administrations.

The Cree-Naskapi Act provides for an orderly and efficient system of Eeyou local government, including the administration, management and control of community lands. The Eeyou are able to go beyond the restrictions inherent in the Indian Act and assume full control in the governance and administration of their communities and their lands.

Consequently, the Cree-Naskapi Act is the first legislation in Canada to provide some recognition of Aboriginal self-government. It redefines the relationship between the Government of Canada and the Cree and Naskapi peoples.

We, the Eeyou of Eeyou Istchee, have freed ourselves from the bonds and chains of the Indian Act since 1984 – a period of 32 years.

In general, the powers and authority of Eeyou governance arise also from long-standing practices based on Eeyou law, traditions and customs. Not only did we get out of the Indian Act. In addition to the recognition and protection of our right of self-government through our local Chiefs and Councils, we have moved to the implementation of the JBQNA and its related agreements in the following ways:

• We exercise control and administration of Eeyou education through the Cree School Board;
• The Cree Board of Health and Social Services of James Bay, under the control of the Eeyou of Eeyou Istchee, is responsible for the provision of health and social services;
• The Cree Regional Authority has become the Cree Nation Government through agreements with Canada and Quebec; and,
• The Eeyou of Eeyou Istchee presently participates in the governance of the entire territory of Eeyou Istchee with certain municipalities and Quebec.

This allows us to govern our own affairs and territories. Implicit in this principle, is the right of the Eeyou Nation to enter into intergovernmental relations with Canada and Quebec, to acquire the benefits of such agreements, and to acquire the responsibilities and burden of self-governance.

In many instances, the Eeyou adopted a “just do it” approach. We were proactive. In the early 1970s, we formed the Grand Council of the Crees without approval of non-Aboriginal governments and without funds. The Eeyou leaders decided to act together, as one nation and one people and speak with one voice. In deciding this course of action through consensus, Eeyou exercised self-determination as the collective power of choice.

This decision to recognize and acknowledge the importance of collective rights, interests, responsibilities and action led to our empowerment. It is important to empower yourselves because no one else is going to empower you. This action and expression of Eeyou unity, as one nation, to protect our collective rights and interests was also the beginning of the Eeyou Nation Government.

We also had a common understanding that Eeyou governance isn’t something that’s going to happen in the future. It’s something that has happened, is happening and will continue to happen in accordance with Eeyou law, rights and aspirations. And this is the nature of our inherent right to govern ourselves.

In addition, we shared a common vision of nation building. For the Eeyou, nation building is about maintaining and developing culture and identity; supporting self-governing institutions; and sustaining traditional and alternative ways of making a living.

Our treaty-making journey contains the main principles and values of leadership: vision, empowerment, unity, commitment, humility, respect, trust, participation, persistence and integrity. It is a journey based on forming and clarifying one’s own dreams and ideas, sharing those ideas, transforming those dreams into actions and engaging the help of others to bring dreams and ideas to reality. It is also a story of the youth of the time working with the Elders and leaders and some as leaders to pursue the nation’s vision and goals. This particular journey is about empowerment of the people, nation building and the quest for social justice.

I was a youth at the time. When I tell the James Bay story, I am sometimes asked, “Where are the youth in your story.” I answer, “We were the youth!”

Eeyou governance is also the practice and exercise of stewardship, guardianship and custodianship of Eeyou Istchee. The journey for full Eeyou governance begins and ends with the historical and traditional authorities of self-governing power – the people of the land.