After years of trying to negotiate with governments, and numerous attempts by communities to talk with forestry companies, the Cree Nation is now taking them all to court.
“Enough is enough,” said Grand Chief Mathew Coon Come. “We’ve tried to meet with forestry operators. The talleymen show them the sensitive areas, but they ignore them, and do as they please. We’ve also tried again and again with Quebec. Now we are saying we’ve had enough.”
In mid-April, the GCCQ and five communities plan to take the Federal and Provincial Governments, as well as any non-Aboriginal forestry companies that have logged in Cree territory, to court.
The communities expected to be part of the case are Nemaska, Ouje-Bougoumou, Mistissini, Waskaganish and Waswanipi.
“Cree rights have been trampled on as a result of forestry activities,” said jack Blacksmith, head of the Cree Forestry Working Group. Fie said Crees tried for years to do it the nice way, but in the end, “the court is the only thing they understand, besides money.”
Over the past few weeks, Grand Chief Matthew Coon Come, Chief John Kitchen, Jack Blacksmith and lawyer James O’Reilly have been touring the five most affected Cree communities to talk about the upcoming Cree Forestry Case.
Blacksmith said the Forestry Working Group is looking for feedback and support.
An overwhelming concern by all the communities visited, according to Blacksmith, is the length of time a court case will take.
“They would ask, how long is the system going to take? Up to three or five years? But what happen the meantime?” recounted Blacksmith.
He said trappers will continue to be affected until Crees can win in court, and that worries the hunters because there is no assistance for them. He said trappers are also worried companies will try and buy some of them off with money.
Other community members talked about the changes in wildlife habits because of forestry practices. Moose now have to run around because there are so few trees to cover them, people said. This helps all the predators including man. “Trappers say the moose is like a different animal, even the meat tastes different,” said Paul Dixon, CTA officer for Waswanipi.
“People said that trapping was a lifestyle that had to be protected and it was the basis of the Cree culture,” said Blacksmith. “They were saying that we have to protect where we came from.”
The Grand Council is asking individual trappers to add their names to the court case as plaintiffs along with the communities and the GCCQ itself.
“We want to have Cree rights acknowledged and enforced,” said Blacksmith. “The talleyman is not being respected for who he is. The forestry companies have to include the talleyman’s beliefs and activities within their plans.”
The court case will not just rely on violations of the James Bay and Northern Quebec Agreement, said Blacksmith. Bush life, traditions, Cree love of the land and how the land is used to teach the children, will also be part of the case.
“It’s not enough to talk about the lack of a monitoring system for forestry, and it’s not enough to talk about the rise in poaching because of new forestry roads,” said Blacksmith. “We have to talk about all the impacts forestry has on the Crees, not just the rights that were guaranteed to us.”
Coon Come agrees “The Crees were not asked. We did not give our consent. We’re seeking relief for all this.”
No dollar signs are attached to this court case, said Blacksmith, but added damages will be asked for in another case before the courts.
Cree lawyers said from now on any agreements made with forestry companies should be looked at closelyto make sure an individual agreement doesn’t hurt what the Cree Nation as a whole is fighting for incourt.