It was incorrectly reported by Canadian Press and on CBC Radio that the Crees of Northern Quebec and the Government of the Province of Quebec had signed an Agreement whereby the Crees would withdraw their court action on forestry and hold discussions with the Province on the outstanding forestry issues.
On October 6, the Grand Chief of the Crees of Eeyou Ischee received from MinisterChevrette a letter outlining his commitment to restart discussions on forestry issuesthat had been interrupted in June 1998 because of lack of progress. The Minister saidthat the discussions should take into consideration elements from a letter sent to theMinister by Cree Negotiator, Chief Billy Diamond on September 2, 1998.
Chief Diamond’s letter outlined among other things the following forestry items asthe agenda for such an exchange:
1.forest allotments for the Cree communities;
2.implementation of a land-use plan to be developed with Cree involvement;
3. a moratorium on new cutting areas;
4. direct involvement of the trappers in discussions;
5. Cree involvement in the scheduled (fall 98) review of forestry laws and regulations and this also to be the subject of direct negotiations;
6.information on Quebec revenues from forestry to be provided as part of discussions on revenue sharing;
7. role of the environment regime in respect to forestry to be discussed;
8. discussion of principles of respect for Cree fundamental rights, need for Cree involvement in economic development related to forestry, protection of the Cree traditional way of life, partnership in the sharing of forestry derived financial benefits.
The Minister also expressed his agreement with the Grand Chief’s suggestion thatnegotiations are preferable to the courts to resolve problems and that the courtchallenges need not be punned vigorously if there is progress in the forthcomingout-of-court negotiations. The process is to last until March 31st, 1999 at whichtime the parties will evaluate the results. “We would like to resolve this out of courtbut we need evidence of substantial political will from Quebec to change the presentforestry regime and attitude toward the respect for Cree rights,” said Grand Chief Dr. Coon Come.
The Cree chiefs will meet to discuss the letters exchanged in order to take the necessary actions. Grand Chief CoonCome confirms that:
“We are ready to discuss these matten with Quebec to see if there is a way to reconcile forestry development with the requirements of the Crees for environmental protection, remediation of damages and protection of the Cree way of life and the Cree right to benefit and dispose of the resources of our traditional territory as we see fit. For the present we have decided not to proceed with the filing of our request to the courts for an interlocutory injunction. The procedural matters concerning the larger question and the basic case will proceed.”
The Cree court action concerns the Cree aboriginal, treaty and international rights to pursue their traditional way of life over the whole extent of their traditional lands without interference from forestry development. The Cree claim concerns damages that have been experienced by the Crees to date as a result of inappropriate and illegal forestry activities. It also concerns the application of environmental protection to forestry development. The Crees claim that the Quebec legal framework for the conduct of forestry activities in the Territory is in breach of the Cree rights in the James Bay and Northern Quebec Agreement and other legal instruments.
The relief asked for is a declaratory statement of Cree rights in the area of forestry, and a declaration that Quebec has breached the James Bay and Northern Quebec Agreement, the Forest Act, the Act Respecting Lands in the Public Domain, and the Environmental Quality Act. In addition it is asked that Quebec legislation concerning the CAAFs (Contrats d’Amenagement et d’Approvisionnement Forestier- Forest Allotment Contracts) be declared unconstitutional in Eeyou Istchee.
In addition it is asked that orders be granted against certain forestry companies from continuing their cutting on Eeyou Istchee.
The Plaintiffs include the Chiefs of the nine Cree communities, the Grand Chief,the Deputy Grand Chief, the Cree Trappers Association and its president,Mr. Edward Gilpin and 280 hunters and trappers from the Cree territory, Eeyou Istchee.
