A Quebec Superior Court judge has made a landmark decision that affirms the right of Crees and other First Nations to protect their culture, language and education.

justice Jean-Jacques Croteau said Canada and Quebec have violated this right, which is protected by the Constitution.

Croteau ruled on a number of issues in dispute between the Crees and the other governments, coming down on the Cree side each time.

He even struck a blow at the extinguishment clause, apparently the first time ever by a Canadian judge.

“For us this decision is very important. They acted unilaterally without the consent of the Crees,” said Grand Chief Matthew Coon Come in an interview.

The judge threw out Canada and Quebec’s argument that the James Bay and Northern Quebec Agreement is a contract, not a treaty with constitutional protection.

“The judge stated, no, it is a treaty and it does have constitutional protection,” said Robert Mainvi lie, a lawyer for the Cree side.

The judge also ruled that Aboriginal cultural and language rights still exist, despite the extinguishment clause in the JBNQA.

“It’s the first decision I know of that says Aboriginal rights survived after the extinguishment clause,” Mainville said.

The judgement is a vindication for the Cree School Board, which the judge says is the body exercizing Cree cultural and language rights.

The school board has been fighting with Canada and Quebecover its funding since the JBNQA was signed 23 years ago. In 1989, it almost went bankrupt because of lack of funding.

That year, Quebec and the Crees finally made a deal on the school board’s budget, but Canada walked out on the meeting and refused to pay. Quebec picked up Canada’s tab, which by 1995 totalled $135 million (Quebec’s calculation). Quebec wanted Ottawa to pay up.

Canada and Quebec then made their own deal on the back-payments. They also agreed to exclude the Crees from further negotiations.

“We went ballistic at that point,” said Mainville.

The Crees pointed out a clause in the J BNQA which clearly states the negotiations on Cree School Board funding must involve all three parties: Quebec, Canada and the Crees. Justice Croteau agreed.

“The decision clearly vindicates the position the Cree School Board has taken over the years, and goes way beyond that,” said Mainville.

“Canada and Quebec tried to weasle out of their obligations.”

If the three parties are unable to agree on a level of funding, a judge will be brought in to decide, Mainville said.

“That decision has really serious ramifications right across Canada,” said Grand Chief Coon Come. “Every First Nation is arguing that it hasn’t given up its language or

cultural rights. The courts now have come down and made a decision that there are Native cultures.”