The Cree forestry court case has suffered a setback. The Supreme Court of Canada has refused to hear a Cree appeal of two Quebec court decisions on the Mario Lord forestry lawsuit.
In response, the Grand Council of the Crees has decided to complain to the United Nations, saying Canada and Quebec have violated the human rights of the Crees.
Crees wanted to appeal the Quebec Court of Appeal’s decision to overturn an earlier ruling in the case that was favourable to the Crees.
That was the decision in which Judge Jean-Jacques Croteau ruled that Quebec forestry laws had “openly and continuously violated” Cree rights under the James Bay and Northern Quebec Agreement.
Not only was the decision overturned, but in an unprecedented move, Croteau was removed from the case. Crees were seeking to appeal Croteau’s removal, too.
But the Supreme Court, in a ruling March 15, refused to hear the Cree appeals.
“This is the first time in Canada that a judge has been removed from a constitutional case at the request of the government,” said Grand Chief Ted Moses in a statement.
“This is a violation of the human rights of the Crees. It is a violation of our right to due process, and a violation of the principle of the independence,” he said.
The Supreme Court ruling does not actually affect the main part of the Cree case. Judge Croteau’s ruling was made after a Cree request for an interlocutory injunction on approval of new forestry cutting plans.
Cree officials say the main case will now continue. Crees may renew their request for injunctions. They may also ask the courts to throw out new provincial forestry legislation that Crees say violates their rights.
