Redécoupage des circonscriptions fédérales de 2022

Commentaire 2 (30 septembre 2022) – commentaires et rétroaction

Les documents ci-dessous sont affichés dans la langue officielle d'origine tels qu'ils ont été reçus.

Retour aux commentaires et rétroaction du public

Le Grand Conseil des Cris

Presentation to the Federal Electoral Boundaries Commission for Quebec

Presentation in PDF format

Outline

Key Messages

  • Leadership of Cree, Inuit and Naskapis of Northern Quebec strongly
    • support distinct electoral district for Northern Quebec
    • Community of identity – Indigenous, treaty, northern – JBNQA, NEQA
    • Community of interest – Governance, development, northern
    • Historical pattern of electoral district – Ensuring more effective electoral representation of Indigenous and northern electorate
    • Need to build on governance partnership between Indigenous and non-Indigenous peoples of Northern Quebec per Cree-Québec Governance Agreement (2012)
    • Principle of inclusiveness – no segregation
  • Adjust electoral boundaries to align with those of Nord-du-Québec Region 10
    • Include all territory within perimeter of Eeyou Istchee James Bay Regional Government and of Kativik Regional Government
    • Remove MRC of Vallée-de-l’Or, which should be included within electoral district of Abitibi-Témiscamingue
  • Inclusion of Cree Nation of Washaw Sibi
  • Support to mobilize Northern voter participation

Cree Nation of Eeyou Istchee

  • The Cree call themselves “Eeyou”, the “people”.
  • The Cree population is about 20,000.
  • The Cree name of their traditional territory, “Eeyou Istchee”, means the “Land of the People”.
  • Cree territory comprises eleven Cree communities (ten in Quebec) and over three hundred Cree traditional family territories, or “traplines”.
  • Cree traditional territory is located primarily in northern Quebec on the eastern shore of James Bay and south-eastern Hudson Bay.

Eeyou Istchee

  • Category I lands (ca. 5,000 sq. km.)
    • Cree Communities
  • Category II lands (ca. 70,000 sq. km.)
    • Exclusive Cree hunting, fishing and trapping
    • Cree Nation Government ensures governance
    • No resource development w/o Cree consent
  • Category III lands (ca. 300,000 sq. km.)
    • Other lands – fully occupied by Cree traditional family territories
    • Eeyou Istchee James Bay Regional Government

Cree Nation of Eeyou Istschee

  • Cree First Nations – Coastal
    • Whapmagoostui
    • Chisasibi
    • Wemindji
    • Eastmain
    • Waskaganish
    • MoCreebec (Ontario – pending)
  • Cree First Nations – Inland
    • Nemaska
    • Waswanipi
    • Ouje-Bougoumou
    • Mistissini
    • Washaw Sibi (pending)

Cree Nation of Eeyou Istchee

  • Each Cree First Nation is governed by its own elected Chief and Council.
  • Each Chief also sits on the Board of Directors of the Grand Council of the Crees (Eeyou Istchee) and the Council of the Cree Nation Government to address common Cree Nation issues.
  • Nine Cree First Nations are now recognized under our Treaty, the James Bay and Northern Quebec Agreement: Whapmagoostui, Chisasibi, Wemindji, Eastmain, Waskaganish, Nemaska, Waswanipi, Ouje-Bougoumou and Mistissini.
  • The tenth Cree First Nation, Washaw Sibi, is in the process of establishing its own community and will eventually become part of the Treaty.
  • The eleventh Cree First Nation is MoCreebec, recently officially recognized by the Grand Council/Cree Nation Government. Its members reside on the Ontario side of James Bay.

Milestones

James Bay Hydroelectric Project announced (1971)

  • In 1970, the Government of Quebec announced the massive James Bay Hydroelectric Project. This enormous project would radically affect the Cree homeland of Eeyou Istchee and their traditional way of life, based on hunting, fishing and trapping.
  • Yet, at the time, the Cree were not consulted, and their consent was not sought. The Cree experienced the project as an invasion.
  • The Cree were forced to take legal proceedings with the Inuit of Nunavik against Quebec, Hydro-Québec and Canada to defend their rights, their environment and their way of life.

Kanatewat decision – halting the project (1973)

  • In 1973, Judge Albert Malouf rendered the historic decision Kanatewat v. SDBJ in favour of the Cree and the Inuit.
  • Judge Malouf ordered work to stop on the James Bay Hydroelectric Development Project on the basis of Cree and Inuit rights and the damage caused by the Project to their traditional way of life.
  • This court decision was a major victory for the recognition of Cree and Inuit rights.
  • This decision brought Canada and Quebec to the negotiation table.

Grand Council of the Crees (of Quebec) (1974)

  • In 1974, the Cree established the Grand Council of the Crees (of Quebec).
  • The late Billy Diamond was elected the first Grand Chief.
  • The Grand Council negotiated with Canada and Quebec to secure a treaty to recognize and protect Cree rights in the context of the James Bay Project.
  • In November 1974, the Cree signed an Agreement in Principle with Canada, Quebec and Hydro-Québec.
  • This Agreement in Principle served as the basis for the Final Agreement.

James Bay and Northern Quebec Agreement (1975)

  • On November 11, 1975, the Grand Council of the Crees (of Québec), the Northern Québec Inuit Association, the Government of Québec, Hydro-Québec and the Government of Canada signed the James Bay and Northern Québec Agreement (JBNQA).
  • The JBNQA is the first modern Indigenous treaty and first Aboriginal land claims agreement in Canada.
  • The JBNQA continues to serve as the living foundation of modern Cree treaty rights.
  • The JBNQA contains over 30 chapters on such varied subjects as:
    • Eligibility for Cree beneficiary status (Section 3)
    • Cree Land Regime (Section 5)
    • Local Government (Sections 9 and 10)
    • Cree Governance on Category II lands (Section 11)
    • Cree Health and Social Services (Section 14)
    • Cree Education (Section 16)
    • Administration of Justice – Crees (Section 18)
    • Police – Crees (Section 19)
    • Environment and Future Development (Section 22)
    • Hunting, Fishing and Trapping (Section 24)
    • Economic and Social Development – Crees (Section 28)
    • Income Security Program for Cree Hunters and Trappers (Section 30)
    • Forestry Regime (Section 30A)
  • The JBNQA was approved, given effect to and declared valid by a law of Quebec, the Act approving the Agreement concerning James Bay and Northern Quebec, and by a federal law, the James Bay and Northern Quebec Native Claims Settlement Act
  • These laws provide that the Cree shall enjoy the rights, privileges and benefits set out in the JBNQA as statutory rights.
  • These laws also provide that they prevail over any inconsistent law applicable in the JBNQA territory.
  • Since 1982, the JBNQA is constitutionally protected as a treaty under sections 35 and 52 of the Constitution Act, 1982.
  • The JBNQA continues to serve as the living foundation of modern Cree treaty rights.
  • Since its initial signature, the JBNQA has been amended by 29 complementary agreements
  • Since the JBNQA, the Cree have signed more than 80 major agreements with Quebec, Canada and industry
  • Dozens of laws have been adopted or amended to implement the JBNQA and later agreements.
  • These agreements and legislation have created a unique legal environment, and have established a comprehensive self-government regime, for the Cree of Eeyou Istchee.
  • Cree Nation Government (1978)
  • Cree Board of Health and Social Services of James Bay (1978)
  • Cree School Board (1978)
  • Eeyou Eenou Police Force (EEPF) of Cree Nation Government (2008)

1980s & 1990s – Challenges & Obstacles

  • Many disputes and legal proceedings between the Cree Nation, Quebec and Canada
    • Refusal by Governments to recognize Cree rights
    • Failure by Governments to implement JBNQA treaty obligations
    • Refusal by Governments and industries to seek Cree consent for resource development
    • Great Whale River Hydroelectric Project – Cree opposition due to environmental and social impacts
    • Forestry dispute
    • 30 court cases
    • International efforts

Cree-Québec Paix des Braves (2002)

  • Turning point in relations between the Cree and Quebec
  • New Nation-to-Nation relationship based on cooperation, partnership and mutual respect
  • Assumption by the Cree Nation Government of certain Quebec responsibilities under the JBNQA for economic and community development, with funding provided by Quebec
  • Means for Cree participation in mining, forestry and hydroelectric development in Eeyou Istchee
  • Special Adapted Forestry Regime to accommodate Cree traditional activities
  • Resolves most disputes with Quebec regarding implementation of the JBNQA

Cree-Quebec Agreement on Governance in the Eeyou Istchee James Bay Territory (2012)

  • Dispute between the Cree and Quebec re Bill 40 (2001) and Municipalité de Baie-James (MBJ)
  • Exclusion of Crees from governance of Eeyou Istchee
  • Grand Chief agreement with Premier Charest in February 2010 on special process to resolve governance issues
  • Framework Agreement on Governance signed with Quebec on May 27, 2011
  • Negotiations with Québec on final Governance Agreement from fall of 2011 to June 2012
  • Signature of Cree-Quebec Governance Agreement July 24, 2012
  • This Agreement builds on the JBNQA and Paix des Braves to create a partnership between the Cree, Quebec and the Jamésiens in the governance of the Eeyou Istchee James Bay Territory
  • It re-designates the Cree Regional Authority as the “Cree Nation Government”, which remains same legal entity
  • It extends Cree jurisdiction through the Cree Nation Government over Category II lands for land and resource planning and management and municipal matters.
  • Creates the new Eeyou Istchee James Bay Regional Government over about 300,000 sq. km. of Category III lands, with equal representation from the Crees and Jamésiens for first 10 years
  • Began operations on January 21, 2014
  • Regional Government exercises municipal powers as well as powers regarding economic development and land and resource planning
  • Regional Government is thought to be unique in Canada in its composition and mandate
  • Council composition to be reviewed after 10 years

Other Key Agreements

  • Cree-Canada New Relationship Agreement (2008)
  • Eeyou Marine Region Land Claims Agreement (2010)
  • Cree-Canada Governance Agreement and companion Cree Constitution (2017)
  • Cree-Quebec Grande Alliance (2020)

Cree Principles of Governance

  • Continuous occupation and governance of Eeyou Istchee for thousands of years
  • Many centuries before arrival of Europeans
  • Common Cree identity based on shared Cree language, culture, way of life
  • Increasing focus on need to protect and promote Cree language and culture
  • Inclusion, not exclusion, regarding governance of Eeyou Istchee
  • Reassertion of Cree aboriginal rights through James Bay and Northern Quebec Agreement treaty of 1975
  • Cree right of self-government is inherent
  • Recognized, not granted, by federal and provincial governments
  • Cree governance is based on the principle of respect for the aboriginal and treaty rights of the Cree Nation as a self-governing Indigenous Nation.
  • Some key principles of governance are set out in the Constitution of the Cree Nation:
  • Since time immemorial, the Cree Nation of Eeyou Istchee has continuously
    • functioned as a distinctive Indigenous people and nation with its own social organization, distinctive culture, language, spirituality, values, institutions, laws, practices, customs and traditions;
    • governed itself in accordance with its own values, laws and institutions in the exercise of its inherent right of self-government and self-determination;
    • used, occupied and managed the land and resources of the territory of Eeyou Istchee;
    • carried on, and continues to carry on, activities which express practices, customs and traditions integral to its distinctive culture and self-government.
  • The Cree Nation has never surrendered its inherent right of self-government and self-determination.

Constitution of the Cree Nation – Principles

  • The Cree Nation continues the process of asserting, affirming and defining its inherent right of self-government and self-determination to take account of the context and changing conditions.
  • The Cree Nation subscribes to the fundamental values of freedom, human dignity, equality, justice, mutual care and assistance, respect for individual and collective rights, protection of the environment and wildlife, and honour for the Creator, Cree ancestors and Cree traditions.
  • These principles and values are critical to the conclusion of agreements and treaties in support of the process of reconciliation between the Cree Nation and non-Indigenous society and government.

UN Declaration on the Rights of Indigenous Peoples

Self-Determination

Article 3: Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4: Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

Article 5: Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 18: Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Electoral Boundaries

Electoral Boundaries Readjustment Act – Rules

  • 15 (1) (a) Population of each electoral district shall, as close as reasonably possible, correspond to the electoral quota for the province, that is to say, dividing the population of the province by the number of members of the House of Commons and
  • (b) the commission shall consider the following in determining reasonable electoral district boundaries:
    • (i) the community of interest or community of identity in or the historical pattern of an electoral district in the province, and
    • (ii) a manageable geographic size for districts in sparsely populated, rural or northern regions of the province.

Electoral Boundaries Readjustment Act – Departure from Rules

15 (2) The commission may depart from the application of the rule set out in paragraph (1)(a) in any case where the commission considers it necessary or desirable to depart therefrom

  • in order to respect the community of interest or community of identity in or the historical pattern of an electoral district in the province, or
  • in order to maintain a manageable geographic size for districts in sparsely populated, rural or northern regions of the province,

but, in departing from the application of the rule set out in paragraph (1)(a), the commission shall make every effort to ensure that, except in circumstances viewed by the commission as being extraordinary, the population of each electoral district in the province remains within twenty-five per cent more or twenty-five per cent less of the electoral quota for the province.

“Abitibi-Témiscamingue and Nord-du-Québec

This group includes two districts with a total of 192,822 people. The area is immense, covering more than half of Quebec’s total area. The average population of the entire area (96,411) is 11.5% lower than the Quebec average.

The Commission is not proposing any changes to these districts. None of them have seen their population decline in the last 10 years. The size of Abitibi—Baie-James—Nunavik—Eeyou (858,585 km2) more than justifies that its otherwise dispersed population (89,087) deviate from the electoral quota by -18%.”

The Commission’s Proposal

Abitibi—Baie-James—Nunavik—Eeyou (Population: 89,087)

Reason : The words Nunavik and Eeyou, which already form the name of the district, remind us that Inuit and Cree people inhabit this vast northern territory, from the shores of James Bay and Hudson Bay to Nunavik, north of the 55th parallel. In 1975, the Cree, Inuit, and the governments of Quebec and Canada signed the James Bay and Northern Quebec Agreement.

Consists of:

  • the Regional County Municipality of La Vallée-de-l’Or, including: the Lac-Simon Indian Reserve and the Kitcisakik Indian settlement;
  • the Territory of the Eeyou Istchee Baie-James Regional Government, including: the Cree village municipalities and the Cree reserved lands of Chisasibi, Eastmain, Mistissini, Nemaska, Waskaganish, Waswanipi and Wemindji; the Amerindian settlement of Oujé-Bougoumou;
  • the Territory of the Kativik Regional Administration, including: the Cree Village Municipality and the Cree Reserved Land of Whapmagoostui; the Nordic village municipalities of Akulivik, Aupaluk, Inukjuak, Ivujivik, Kangiqsualujjuaq, Kangiqsujuaq, Kangirsuk, Kuujjuaq, Kuujjuarapik, Puvirnituq, Quaqtaq, Salluit, Tasiujaq and Umiujaq; the Naskapi Village Municipality of Kawawachikamach.

Considerations

  • Community of interest
  • Community of identity
  • Historical pattern of electoral district
  • Manageable geographic size
    • Districts in sparsely population rural or northern regions of the province

Objectives

  • Recognize community of identity, community of interest in Northern Quebec
  • Increase effectiveness of federal electoral representation for Northern Quebec
  • Continue process to end historical exclusion of Indigenous parties from governance
  • Include all key partners of Northern Quebec in same electoral district
    • Crees, Inuit – James Bay and Northern Quebec Agreement (JBNQA)
    • Naskapis – Northeastern Quebec Agreement (NEQA)
    • Jamésiens – Partners in Eeyou Istchee James Bay Regional Government
  • Enhance cohesion among major parties of Northern Quebec
  • Recentre electoral district on true North of Quebec

Distinct Electoral District for Northern Quebec

  • Community of identity (Indigenous, treaty, northern)
  • Community of interest between Indigenous and non-Indigenous partners of Northern Quebec (development, governance, culture, northern)
  • Further develop governance partnership between Indigenous and non-Indigenous peoples of Northern Quebec
  • Continue to redress history of exclusion of Indigenous peoples from governance
  • Ensure adequate weight for Indigenous and Northern vote in northern Quebec
  • More effective representation in Parliament with distinctive Indigenous and Northern vote and voice
  • Comparable electoral district to Nunavut, Northwest Territory, Yukon

Historical Pattern of electoral district Abititi – Baie-James – Nunavik – Eeyou

  • Over past 50 years, only one Indigenous MP, Romeo Saganash
  • Mr. Saganash made important contribution to reconciliation between Indigenous and non-Indigenous peoples of Canada
    • Proposed United Nations Declaration on the Rights of Indigenous Peoples Act, Bill C-262 (2016)
    • Basis of law eventually adopted, Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, Bill C-15, S.C. 2021, c. 14
  • More Indigenous and Northern representation needed

Electoral district for Northern Quebec

  • Population of Region 10 – Nord-du-Québec: 46,673
  • Comparable to other Northern Canadian jurisdictions*
  • Area of Region 10 – Nord-du-Québec: 718,229 km2
  • Comparable with other Northern Canadian jurisdictions
  • Area, population, seats of federal northern territories*

Measures

  • Align boundaries of federal electoral district for Northern Quebec with those of Quebec Administrative Region 10 Nord-du-Québec
  • Southern boundary of Northern Quebec electoral district to coincide with southern boundary of Eeyou Istchee James Bay Regional Government (49th parallel)
  • Northern Quebec electoral district to comprise all territory within perimeter of Eeyou Istchee James Bay Regional Government and of Kativik Regional Government
  • Formal designation of Northern Quebec electoral district to be determined through consultations among Northern partners – Crees, Inuit, Naskapis, Jamésiens
  • MRC of Vallée-de-l’Or (800) to be included within electoral district of Abitibi-Témiscamingue

Cree First Nation of Washaw Sibi

  • Principles of Inclusion and Cree Nation Integrity strongly argue that the Cree First Nation of Washaw Sibi should be included within same electoral district as the other Cree First Nations in Quebec
  • Precedent: Section 18 of the JBNQA treaty of 1975 is entitled “Administration of Justice – Crees”
  • Paragraph 18.0.2 modified the boundaries of the “judicial district of Abitibi” to include all the Cree territory of Eeyou Istchee and the Inuit territory of Nunavik:
    • 18.0.2 The actual judicial district of Abitibi is modified in order to include the territory of Abitibi, Mistassini and New-Québec, including Great Whale River and the area covered by the James Bay Region
  • Development Act (S.Q., 1971, c. 34), but not including Schefferville, Gagnonville and Fermont, hereinafter called the “judicial district of Abitibi”. The adjacent judicial districts shall be modified accordingly.
  • This modification was given rapid legislative effect by the Act to Amend the Territorial Division Act, S.Q. 1975, c. 7

Support to Mobilize Indigenous Voter Participation

  • Recognition of huge size of Eeyou Istchee, Nunavik
  • Northern location of riding – difficulties of travel, communications
  • Small, widely dispersed Indigenous communities
  • Need for special support to facilitate Indigenous voter participation
    • Financial
    • Technical
    • Logistical

Measures – Technical

  • Replace “Consists of” by “Comprises” (see French « Comprend »)
  • “Territory of the Eeyou Istchee James Bay Regional Government”
    • Technically, the EIJBRG territory excludes Category I lands of Cree First Nations, Cree Category II lands, territory of Jamésien municipalities
    • Adjust by reference to all lands comprised within the perimeter of the Eeyou Istchee James Bay Regional Government
  • “Cree reserved lands”
    • Cree community lands are no longer “reserved lands” under Indian Act
    • Replace by “the Category I and II lands of the Cree communities under the JBNQA”
    • Same applies to Whapmagoostui
  • “Amerindian settlement of Oujé-Bougoumou”
    • Correct English designation is “Ouje-Bougoumou”
    • Ouje-Bougoumou is no longer an “Amerindian settlement”, but a formally constituted Cree First Nation for all legal purposes

Conclusion

  • Distinct federal electoral district for Northern Quebec
    • Inclusion of Crees, Inuit, Naskapis, Jamésiens
    • Principle of inclusion, not exclusion
    • Community of Indigenous and Northern identity and interest
  • Inclusion of Washaw Sibi in the same federal electoral district as other Cree First Nations
  • Technical adjustments
  • Support mechanisms for mobilization of Indigenous voter participation

Haut de page