Resolution: 2009-07
Subject: Dispute concerning Municipalité de Baie James
WHEREAS in 1971, the Quebec Government enacted the James Bay Region Development Act in pursuance of its intention to develop the hydroelectric potential in the James Bay territory;
WHEREAS the James Bay Region Development Act provided notably for the creation of the Municipalité de Baie James (“MBJ”) as a municipal government with powers over a vast portion of the James Bay territory and under the direct control of a Quebec Crown corporation, the Société de développement de la Baie James (“SDBJ”) also created under the same legislation;
WHEREAS the SDBJ, as a Crown corporation, was constituted as a representative government structure directly accountable to the Quebec Government, and was a mandatory of the Crown in right of the Province of Quebec, and as such, was subject to the fiduciary duty owed to the James Bay Crees;
WHEREAS the SDBJ was a signatory to the 1975 James Bay and Northern Quebec Agreement (“JBNQA”) along with the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association, the Government of Quebec, Société d’énergie de la Baie James, Hydro-Québec and the Government of Canada;
WHEREAS the JBNQA was approved, given effect and declared valid pursuant to the James Bay and Northern Quebec Native Claims Settlement Act and the Act approving the Agreement concerning James Bay and Northern Québec;
WHEREAS the JBNQA recognizes that since time immemorial the James Bay Crees have been, and still are, the main stakeholders and the principal users and occupiers of the entire James Bay territory and it contains provisions, including Sections 22 and 24, that support the expectation that the Crees must play a central role in the overall management of the entire James Bay territory;
WHEREAS Section 11B of the JBNQA provides for the establishment of the James Bay Regional Zone Council to act as a municipal government and as a co-management structure between the Crees and Quebec and to replace the municipal council of the MBJ in respect of the municipal organization and management of Category II lands;
WHEREAS the lack of treaty implementation by the Governments led to the filing by the James Bay Crees of legal proceedings in the Quebec Superior Court against Quebec and Canada, known as the Coon Come # 1 and the Coon Come # 2 proceedings, respecting among others, various breaches of the JBNQA, including breaches with respect to Section 11B of the JBNQA and the establishment and operation of the James Bay Regional Zone Council;
WHEREAS in 2001, the Quebec Government enacted the Act to Amend the James Bay
Region Development Act which purportedly changed the governing structure of the MBJ, shifting the effective control of the MBJ away from the SDBJ – a Quebec Crown Corporation – to a local, non-representative municipal council, accountable only to local interests of certain non-aboriginal communities situated outside, but adjacent to, the territory of the MBJ;
WHEREAS the elected representatives of the aboriginal Cree communities of the James Bay territory are specifically excluded from the MBJ Council even though the Cree represent more than half the entire population of the James Bay territory, and are since time immemorial the main stakeholders and the principal users and occupiers of this territory;
WHEREAS the MBJ has vast powers of management over the Category III lands of the James Bay territory, including powers with regards to land use planning and zoning, building codes and regulations, permits and activities licensing, taxation and new localities, and since the coming into force of the Act to Amend the James Bay Region Development Act, it has not hesitated to further the interests of non-aboriginal communities at the expense of and in complete disregard to the James Bay Cree, the JBNQA and the legislation related thereto;
WHEREAS since 2001, the MBJ has taken unacceptable, unconstitutional and unlawful steps with a view to extending MBJ regulations to Category II lands, usurping the powers of the James Bay Regional Zone Council;
WHEREAS since 2001, the MBJ has been the recipient of ever greater powers, notably in terms of land use planning and regional development of natural resources and has actively sought to undermine relations between the Cree and the Quebec by lobbying against the implementation of Treaty Obligations on Category I lands such as Policing Services;
WHEREAS in April 2007, the Board of Directors of the Grand Council of the Crees (Eeyou Istchee) and the Council of the Cree Regional Authority reviewed and approved legal proceedings challenging the constitutionality of the 2001 Act to Amend the James Bay Region Development Act on the basis that, among others, it constitutes a violation of fundamental rights as set out under the Canadian Charter of Rights and Freedoms, including the equality rights of the Cree, it was adopted without the consent of the Cree and without even consulting the Cree, and it represents a unilateral amendment to the JBNQA;
WHEREAS prior to instituting legal proceedings, repeated attempts were made on the part of the Crees to resolve the MBJ dispute and a formal dispute notice concerning the MBJ was filed with Quebec in view of initiating the dispute resolution process under the Paix des Braves Agreement of 2002;
WHEREAS the Grand Council of the Crees (Eeyou Istchee) and the Council of the Cree Regional Authority have despite the offensive actions of the MBJ have continued to seek partnerships and relations based on mutual respect with the individual municipalities in the region to no avail in the divisive and discriminatory actions of the MBJ.
WHEREAS Quebec never agreed to initiate the dispute resolution process under the Paix des Braves Agreement and it failed, despite repeated undertakings, to properly address and resolve the MBJ dispute and the issues associated with the lack of implementation of Section 11B of the JBNQA;
WHEREAS the Grand Council of the Crees (Eeyou Istchee) and the Cree Regional Authority must act to protect the rights and interests of the Cree Nation and the Crees of Eeyou lstchee;
IT IS RESOLVED:
THAT the Grand Chief is hereby authorized and instructed to take immediate action against the Government of Quebec and other people, including any measures deemed appropriate, to cease the continued violation of Cree rights, to repeal the offensive provisions of the 2001 Act to Amend the James Bay Region Development Act and to bring remedy and complete resolution to the issues concerning the MBJ dispute and the issues related to the implementation of Section 11B of the JBNQA, and to do all things necessary or useful to ensure the protection of the rights and interests of the Cree Nation and the Crees of Eeyou Istchee;
Proposed by: Walter Hester Jr.
Seconded by: Dennis Georgekish
Carried: carried
Resolution: 2009-08
Subject: Resolution on Housing Backlog
WHEREAS there is still a large housing backlog in the Cree communities that needs to be addressed.
WHEREAS the right to housing is a fundamental Human Right.
WHEREAS the lack of proper housing causes undue stress on families which develops into community social problems.
WHEREAS the housing backlog affects mostly young families and single parents.
IT IS RESOLVED:
THAT the GCCEI/CRA in collaboration with the local Cree communities develop programs and identify resources to address the housing backlog as a priority;
THAT the GCCEI/CRA in collaboration with the Cree communities develop the following programs:
• Cree social housing program
• Private home ownership program
• Rent to own program
• A local housing revolving fund
• Renovation program.
Proposed by: Donnie Dick
Seconded by: Judy Capasissit
Carried: carried
Resolution: 2009-09
Subject: Support for Dabwetamun Academy Private School
WHEREAS Dabwetamun Academy Private School has been in existence since August 2006;
WHEREAS Dabwetamun Academy requires resources that will facilitate the operations of its school;
WHEREAS a presentation was made at the 35th Annual General Assembly of the Grand Council of the Crees (Eeyou Istchee) and the 32nd Annual General Assembly of the Cree Regional Authority;
BE IT RESOLVED:
THAT the Grand Council of the Crees (Eeyou Istchee) is requested to provide training funds to supplement its expenses for the school year (2009-2010) in the amount of $294,000.00;
THAT the Grand Council of the Crees (Eeyou Istchee) is requested to provide funding to engage the services of Attorney Claude Grant in creating a Cree Private School Board that would include Dabwetamun Academy and schools like this in the communities;
THAT the Grand Council of the Crees (Eeyou Istchee) is requested to support Dabwetamun Academy morally, financially where possible and legally on an ongoing basis as needed;
THAT the Grand Council of the Crees (Eeyou Istchee) is requested to assist Dabwetamun Academy to acquire a proper school facility;
THAT the Grand Chief or the Deputy Grand Chief is hereby mandated to do all things possible to give effect to the foregoing.
Proposed by: Chief John Kitchen
Seconded by: Annie Blacksmith
Action: Carried
Resolution: 2009-10
Subject: Synchronization of policies of all Cree Entities to promote and ensure collaboration among all Cree Entities
WHEREAS there is a need for all Cree Entities to work together;
WHEREAS there is a need for all entitles to be involved in the education of all children in Eeyou Istchee;
WHEREAS there is a need for all entities to be involved in the health and well-being of the people of Eeyou Istchee;
WHEREAS there is a need to integrate the Cree culture, Cree language and Cree traditions in all our efforts to improve the well-being of Eeyou Istchee;
WHEREAS there is a need to promote and ensure collaboration of all entities;
BE IT RESOLVED:
THAT the delegates of the 2009 GCCEI/CRA General Assembly held in Mistissini hereby request that Council/Board at their next meeting do all things necessary to bring together all entities in a meeting focused on education;
THAT the Council/Board give a clear mandate to all Cree Entities to synchronize their policies to guarantee support and collaboration among all Cree Entities.
Proposed by: Kathleen Wooton
Seconded by: Simeon Petawabano
Action: carried
Resolution 2009-11
Subject: Investment on resources for PreK, Kindergarten and Grade 1 students in Eeyou Istchee
WHEREAS PreK, Kindergarten and Grade 1 are the most important formative years of the child’s development and education;
WHEREAS the parents of Eeyou lstchee are concerned about the lack of qualified teachers for PreK, Kindergarten and Grade 1;
WHEREAS this practice of engaging unqualified substitute teachers is not conducive to the child’s learning;
WHEREAS parents of Eeyou Istchee are concerned about the lack of educational materials for PreK, Kindergarten and Grade 1;
BE IT RESOLVED:
THAT the delegates of the 2009 GCCEI/CRA General Assembly held in Mistissini hereby request that Council/Board at their next meeting do all things necessary to meet with the leadership of the Cree School Board to ensure that all appropriate resources are identified and developed prior to the beginning of the school year.
Proposed by: Abraham Masty
Seconded by: Priscilla Martinhunter
Action: carried
Resolution 2009-12
Subject: Development of new approaches to improve
children’s success in school
WHEREAS we can observe in our communities a variety of problems in the area of education including student absenteeism, lack of motivation, high drop-out rate, low graduation rate and lack of parental involvement;
WHEREAS a similar approach has been taken in some schools in Eeyou Istchee;
WHEREAS there is a need to revisit this approach by developing new approaches to improve our children’s success in school,
WHEREAS there are programs that exist that are called “sports-study programs” and “arts-study programs”, including music, that have shown to be effective for many students wishing to improve their motivation and overall academic performance;
BE IT RESOLVED:
THAT the delegates of the 2009 GCCEI/CRA General Assembly held in Mistissini hereby request that Council/Board at their next meeting do all things necessary to meet with the Cree School Board to request the development of a pilot “sports-study program” as well as a pilot “arts-study program” including music, for implementation as soon as possible in order to determine the feasibility of extending such programs to all the communities of Eeyou Istchee.
Proposed by: Ashley Iserhoff
Seconded by: Kathleen Wooton
Action: carried
Resolution 2009-14
Subject: Standardized Testing Within Eeyou Istchee
WHEREAS the parents of Eeyou Istchee are concerned about the success rate of children with the MELS exams within the Cree nation;
WHEREAS it is imperative to initiate a process of standardized testing within the Cree School Board;
WHEREAS the proper preparation of students for these exams is essential and fundamental to their success;
WHEREAS the principal of each school is responsible for the supervision of the delivery of the curriculum;
WHEREAS the transfer of knowledge of each subject is crucial for success.
BE IT RESOLVED:
THAT the delegates at the 2009 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority Annual General Assembly hereby request the Council/Board to do all things necessary to meet and collaborate with the Cree School Board to ensure the following:
THAT Cree School Board is hereby mandated to develop and implement standardized testing within all community schools;
THAT the tests are developed in accordance to the academic preparation required for each grade;
THAT the teachers are obliged to carry out these tests accordingly;
THAT standardized testing is initiated to ensure the success of each student within in Eeyou Istchee;
THAT the Cree School Board is hereby given the mandate to ensure funds are identified for this process;
THAT the Cree School Board is further mandated to report at the Annual General Assembly of Grand Council of the Crees of Eeyou Istchee in 2010 in accordance with their obligations under Section 16 of the JBNQA to make it accountable to the parents of Eeyou Istchee.
Proposed by: Daniel Mark Stewart
Seconded by: Ella Gull
Action: Carried
Resolution: 2009-15
Subject: Teaching English as a Second Language in Eeyou Istchee
WHEREAS the parents of Eeyou Istchee are concerned about the success rate of children within the Cree nation;
WHEREAS it is imperative to initiate a process of assessment to determine if teachers are placed in their appropriate academic formation within the Cree School Board;
WHEREAS the English and French languages are a second language within Eeyou Istchee and should be taught accordingly.
BE IT RESOLVED:
THAT the delegates at the 2009 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority Annual General Assembly hereby request the Council/Board to do all things necessary to meet and collaborate with the Cree School Board to ensure the following:
THAT Cree School Board is hereby mandated to assess the qualification of each teacher within the Cree School Board;
THAT the teachers are obliged to be trained on how to properly teach English or French as a second language;
THAT teachers are appropriately placed in their academic formation which includes Cree, French or English, elementary and secondary.
Proposed by: David Moses
Seconded by: Kathleen Wootton
Action: Carried
Resolution: 2009-16
Subject: In Support of People with Disabilities and Rights
WHEREAS the Cree Nation has people with disabilities and their rights have been compromised;
WHEREAS the Cree Nation has people with disabilities have limited access to services and facilities normally available to the general public.
BE IT RESOLVED:
THAT the Cree Nation at their assembly hereby support the people with disabilities and the rights as individuals;
THAT the Cree Nation at their Assembly hereby mandate the local Band Administration Offices, housing divisions, and community business throughout the Cree Nation to provide basic access services to buildings, facilities to people with disabilities;
THAT the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority is hereby directly to do everything to inform the communities leadership to give full effect to the foregoing.
Proposed: Walter Hester Jr.
Seconded: Judy Capassisit
Action: Carried
Resolution: 2009-17
Subject: In Support of the Project/Program Regarding Waapimaausumin Giving Birth in Eeyou Istchee (Midwifery)
WHEREAS the women were given an information session on the project/program regarding Waaimaausumin Giving Birth in Iiyiyiu Aschii video and midwifery services;
WHEREAS the Cree Women Association of Eeyou Istchee supports and recognizes the efforts of the project/program;
WHEREAS the Cree women of Eeyou Istchee Association recognizes and believes in the importance of bringing home the births to the Cree communities Eeyou Istchee.
IT IS RESOLVED:
THAT the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority recognizes and believes in the importance of bringing home the births to the Cree communities Eeyou Istchee;
THAT the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority supports and urges the offices of the Cree Board of Health and Social Services of James Bay and the local Cree Nations do every effort to begin the processes for this project in the community of Mistissini;
THAT the project be spread out and introduced to the regional sectors, in order that every other Cree community be given that equal opportunity to receive the serviced in midwifery;
THAT the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority is hereby mandated to do everything to give full effect to the foregoing.
Proposed by: Davis Moses
Seconded by: Davis Mark Stewart
Action: Carried
Resolution: 2009-18
Subject: Request for Reinstatement of Legal Fees for the Height of Land Negotiations
WHEREAS the Cree Nation of Mistissini has been negotiating the Height of Land issue since the signing of the James Bay and Northern Quebec Agreement;
WHEREAS the Cree Nation of Mistissini has always assumed all costs relating to these negotiations;
WHEREAS the Cree Nation of Mistissini has secured funding for such legal fees under the leadership of then Grand Chief Ted Moses;
WHEREAS the Tallymen impacted and other members of the Cree Nation of Mistissini wrote a letter to Grand Chief Matthew Mukash requesting the reinstatement of the funding for the Height of Land legal fees.
BE IT RESOLVED:
THAT members of the Annual General Assembly of the Cree Nation hereby requests that the Grand Council of the Crees (Eeyou Istchee) reinstate funding for the legal fees pertaining to the Height of Land negotiations;
THAT the leadership of the Grand Council of the Crees (Eeyou lstchee)/Cree Regional Authority is mandated to give full effect to the foregoing.
Proposed by: Jimmy Trapper
Seconded by: Simeon Petawabano
Action: Carried
Resolution: 2009-19
Subject: Eeyou Orientation Sessions
WHEREAS the James Bay and Northern Quebec Agreement, its related Agreements, and its legislation provides for the rights, benefits and obligations of the Cree Nation of Eeyou Istchee;
WHEREAS elected and public Eeyou officials have essential responsibilities and duties for the betterment of the Cree Nation of Eeyou Istchee;
BE IT RESOLVED:
THAT the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority be and they are hereby authorized to develop, in collaboration with the Cree School Board, Cree Board of Health and Social Services of James Bay and other Cree entities, the documents, information and tools on the rights and benefits of the Cree Nation of Eeyou Istchee, arising from the James Bay and Northern Quebec Agreement and its related Agreements and legislation;
THAT the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, in collaboration with the pertinent Cree regional entities develop and conduct orientation sessions for the elected and public Eeyou officials on the rights, benefits and obligations emanating from the James Bay and Northern Quebec Agreement, it related Agreements and legislation.
Proposed by: William Mianscum
Seconded by: David Mark Stewart
Action: Carried
Resolution: 2009-20
Subject: Recruitment of Teachers
WHEREAS according to the collective agreement for the Cree School Board the teachers are currently obliged to provide their intentions for the following year by March 1st of the current school year;
WHEREAS the Cree School Board currently commences their recruitment process in April when other School Boards have already selected their personnel for the following year.
BE IT RESOLVED:
THAT the delegates at the 2009 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority Annual General Assembly hereby request the Council/Board to do all things necessary to meet and collaborate with the Cree School Board to ensure the following:
THAT Cree School Board is further mandated to commence their recruiting process as early as possible since the current timing is not conducive to meet the need of the Cree Nation;
THAT Cree School Board is hereby mandated to negotiate to change the date for when Cree School Board teaching personnel have to submit their intentions for the following year;
THAT the Cree School Board is further mandated to report at the Annual General Assembly of Grand Council of the Crees of Eeyou Istchee in 2010 in accordance with their obligations under Section 16 of the JBNQA to make it accountable to the parents of Eeyou Istchee.
Proposed by: Donnie Dick
Seconded by: Margaret Paddy
Action: Carried
Resolution 2009-21
Subject: Reading and Writing Assessment
WHEREAS the parents of Eeyou Istchee are concerned about the success rate of children within the Cree Nation;
WHEREAS it is imperative to assess the reading and writing level of each student within Eeyou Istchee;
WHEREAS engagement of parents to ensure their children’s academic success is essential and fundamental.
BE IT RESOLVED:
THAT the delegates at the 2009 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority Annual General Assembly hereby request the Council/Board to do all things necessary to meet and collaborate with the Cree School Board to ensure the following: Cree School Board is hereby mandated to assess the reading and writing level of each student within Eeyou Istchee from Grade 4 to Secondary V;
THAT the parents of these students be given the results of these assessments;
THAT learning strategies be identified for each child;
THAT the students within in Eeyou Istchee are given every opportunity to succeed academically;
THAT the Cree School Board is hereby given the mandate to ensure funds are identified for this process;
THAT the Cree School Board is further mandated to report at the Annual General Assembly of Grand Council of the Crees of Eeyou Istchee in 2010 in accordance with their obligations under Section 16 of the JBNQA to make it accountable to the parents of Eeyou Istchee.
THAT the Human Resource Department of the Cree School Board is obliged to diligently adhere to the qualifications of the teaching personnel;
THAT the students within Eeyou Istchee are given every opportunity to succeed academically through the provision of academically qualified personnel;
THAT the Cree School Board is to reinforce the role of the Director of School Operations and further obligate this position to adhere to this process through the Principals of each community and furthermore the mandate to ensure funds are identified for this process;
THAT the Cree School Board is further mandated to report at the Annual General Assembly of Grand Council of the Crees of Eeyou Istchee in 2010 in accordance with their obligations under Section 16 of the JBNQA to make it accountable to the parents of Eeyou Istchee.
Proposed by: James Neeposh
Seconded by: Ella Gull
Action: Carried
Resolution: 2009-22
Subject: Support of the Cree Nation for Youth Entrepreneurs
WHEREAS the mission of the Matoush Enterprises is to assist young Cree tradesman to attain certification as electricians in Eeyou Istchee;
WHEREAS Matoush Enterprises provides technical maintenance services including refrigeration, ventilation, high voltage transmission lines and other services within Eeyou Istchee;
WHEREAS there are conventions between the Cree Nation of Eeyou Istchee and provincial and federal government and its agents that promote and offer economic opportunities for Cree entrepreneurs, more particularly the Youth Entrepreneurs;
WHEREAS Matoush Enterprises is a youth entrepreneurship venture.
BE IT RESOLVED:
THAT the Cree Nation of Eeyou Istchee fully supports and endorses Cree Entrepreneurs to receive preferential consideration for contract works on all construction projects within Eeyou Istchee as planned by the Cree Nation of Eeyou Istchee;
THAT the Cree Nation of Eeyou Istchee further duly support Youth Entrepreneurs that are fully licensed, bonded and structured to meet all legal requirements to undertake contractual works within Eeyou Istchee;
THAT this support takes effect the date of this resolution and request all local Cree government to support this August 27, 2009, Annual General Assembly resolution by adopting its respective resolution of support to this effect;
THAT, the office of the Grand Chief/Chaimran be directed to ensure this resolution is fully implemented.
Proposed by: Chief J. Kitchen
Seconded by: Anthony Hughboy
Action: Carried
Resolution: 2009-23
Subject: To Condemn and Denounce the Violence in the Cree Communities of Eeyou Istchee
WHEREAS the issue of violence has been a major concern in all the Cree Communities especially amongst the Eeyou women;
WHEREAS the Grand Council of the Cree (Eeyou Istchee)/ Cree Regional Authority strongly condemns the violence in the Cree Communities of Eeyou Istchee;
WHEREAS the Eeyou of Eeyou Istchee have felt the acts of violence in the communities has risen;
WHEREAS the behaviour is disgraceful, disruptive of the peace in the communities of the Eeyou Istchee and dangerous to individuals and community life;
WHEREAS the Grand Council of the Cree (Eeyou Istchee)/ Cree Regional Authority denounces the violence of all forms in Eeyou Istchee;
WHEREAS Grand Council of the Cree (Eeyou Istchee)/ Cree Regional Authority further announces the following recommendations/and or suggestion:
• To foster educational efforts, that would promote respect for all persons living in Eeyou Istchee;
• To enhance the awareness and understanding, prevention, protection and the flow of information that already exists in Eeyou Istchee on violence;
• To advocate on behalf of all Cree women and children and further to say other individuals who experience violence;
• To identify and begin to address the seriousness of the harmful effects of violent acts persons/property encounter in Eeyou Istchee.
IT lS RESOLVED:
THAT the Grand Council of the Cree (Eeyou Istchee)/ Cree Regional Authority condemns and denounces the violence in the Cree Communities of Eeyou Istchee;
THAT the Grand Council of the Cree (Eeyou Istchee)/ Cree Regional Authority recognize the urgency of seeking solutions to one of the most devastating problems which involves property and violence to individuals;
THAT the Grand Council of the Cree (Eeyou Istchee)/ Cree Regional Authority supports and encourages the campaign on non-violence (White Ribbon Campaign)
THAT the delegates of the Grand Council of the Cree (Eeyou Istchee)/ Cree Regional Authority AGA urges all the regional offices of the Cree Nation, local Cree Nation offices, the GCC/CRA, the Courts/Justice System, Cree Health Board/Cree School Board, Sports and Recreation Committees, and finally the office if the QNW/FAQ, to support the efforts and measures taken and the developed and sufficient resources obtained to ensure the protection needed for all women and children, and/or, other individual from any forms of an act violence they may face today;
THAT the delegates of the Grand Council of the Cree (Eeyou Istchee)/ Cree Regional Authority AGA directs Grand Council of the Cree to forward this resolution to the above named offices and further disseminate it to members of the Cree Nation committees.
Proposed by: Bobby Neacappo
Seconded by: David M. Stewart
Action: Carried
