Cree-Naskapi
(of Quebec) Act (CNQA) •
ᒋᒥᔅ
ᐱ ᑭᔭ ᓇᔅᑲᐱ [ᐅᑕ ᑯᐸᒃ] ᐎᓱᐛᐅᓐ
The CNQA, assented to on 14 June, 1984, gives effect to the commitment
of Canada in Chapter 7 of the NEQA to adopt self-government legislation
for the Naskapis. Among other things, the CNQA does the following:
- it says that the Nation’s by-laws apply only on Category
IA-N land; i
- t creates the Nation as a corporation, replacing the Naskapis
de Schefferville Band. As a corporation, the Nation has certain
powers, such as the power to enter into contracts, that a Band
under the Indian Act does not have;
- it says who are the members of the Nation;
- it establishes the powers of the Nation;
- it restricts the right of the Nation to engage in commercial
activities;
- it says that the Nation acts through its Council, and that
Council acts by adopting resolutions or by-laws;
- it establishes the basic procedures for Council meetings;
- it says that Council may make committees by by-law, but those
committees can exercise only advisory or administrative functions
and are responsible to Council;
- it describes the officers of the Nation;
- it lists certain types of by-laws that the Nation can adopt
for purposes of local government;
- it establishes how to adopt by-laws and resolutions, including
those that are subject to approval by the electors;
- it stipulates the minimum requirements for holding Nation
elections;
- it specifies the minimum conditions for holding Nation meetings
and referenda;
- it establishes the rules for financial administration;
- it defines who has the right to enter and live on Category
IA-N land;
- it defines who has rights to certain renewable and non-renewable
resources on Category IA-N land;
- it defines the circumstances under which the Government of
Québec can expropriate Category IA-N land;
- it defines how interests in land and buildings can be allocated
by the Nation;
- it establishes how the Nation can give some or all of its
Category IA-N land back to the Government of Québec;
- it establishes a system for registering interests in land
and buildings on Category IA-N land;
- it defines how the Nation can expropriate land or buildings
on Category IA-N land;
- it creates the Cree-Naskapi Commission ("CNC") and
describes its role;
- it establishes a system for disposing of "traditional"
property on the death of a Naskapi;
- it specifies who is exempt from paying taxes, including income
taxes, under certain circumstances;
- it establishes that the property of the Nation and of individual
Naskapis on Category IA-N land cannot as a general rule be seized
or taxed; and
- it defines certain powers related to policing and the administration
of justice.
More on the CNQA (English Only)
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James Bay and Northern Quebec Agreement
(JBNQA) •
ᒋᒥᔅ
ᐱ ᑭᔭ ᒋᐛᑎᓄᒡ ᑯᐸᒃ ᓂᔅᑯᒧᐅᓐ
The NEQA was signed slightly over two years after the JBNQA.
Its intention was to recognize in favour of the Naskapis substantially
the same rights and benefits as those recognized in favour of
the James Bay Crees and the Inuit of Québec in the JBNQA in 1975.
In some case, it was impossible to recognize the rights of the
Naskapis without amending the rights of the James Bay Crees and
the Inuit of Québec under the JBNQA. Consequently, Complementary
Agreement No. 1 to the JBNQA was executed at the same time as
the NEQA. It amended Sections 22 and 23 of the JBNQA, both of
which deal with environment and future development. It also amended
Section 24 of the JBNQA to recognize the hunting, fishing, and
trapping rights of the Naskapis and to identify the parts of Northern
Québec where those rights could be exercised. Finally, it amended
Section 1 of the JBNQA to modify and add certain definitions.
More
on James Bay and Northern Quebec Agreement (English only)
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Northeastern Québec Agreement
(NEQA) •
ᒋᐛᑎᓄᓯᒡ
ᑯᐸᒃ ᓂᔅᑯᒧᐅᓐ
The NEQA
is the lands claim settlement entered into by the Naskapis, the
Government of Québec, the Société d’énergie de la Baie-James,
the Société de développement de la Baie-James, Hydro Québec, the
GCCQ, the NQIA, and the Government
of Canada on 31 January, 1978.
Its 20 chapters cover the following topics:
- Chapter 1 Definitions
- Chapter 2 Principal Provisions
- Chapter 3 Eligibility
- Chapter 4 Territorial Descriptions
- Chapter 5 Land Regime
- Chapter 6 Technical Aspects
- Chapter 7 Local Government over Category IA-N Land
- Chapter 8 Naskapi Local Authority over Category IB-N Land
- Chapter 9 Transitional Measures
- Chapter 10 Health and Social Services
- Chapter 11 Education
- Chapter 12 Administration of Justice
- Chapter 13 Police
- Chapter 14 Environment and Future Development
- Chapter 15 Hunting, Fishing and Trapping
- Chapter 16 Compensation and Taxation
- Chapter 17 Naskapi Legal Entities
- Chapter 18 Social and Economic Development
- Chapter 19 Programme to Assist Hunting, Fishing and Trapping
- Chapter 20 Relocation
As a land claims settlement, the NEQA is constitutionally entrenched
by Section 35 of the Constitution Act, 1982. This means that the
NEQA prevails over any inconsistent law adopted by Canada or Quebec. There were some persistent problems with the implementation process which led to the negotiation of the NEQA Implementation Agreement, which was signed in September, 1990.
More
on the Northeastern Québec Agreement and the NEQA Implementation Agreement (English Only)
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Northeastern Quebec Agreement Complementary
Agreement (NEQACA) •
ᐎᔭᑎᔅᑕᑲᓄᒡ
ᒋᐛᑎᓄᓯᒡ ᑯᐸᒃ ᓂᔅᑯᒧᐅᓐ
The NEQA can be amended only with the consent of the Naskapis
and the other affected signatories.
On 11 November, 1993, Complementary Agreement No. 1 amending
the NEQA was executed. It recognizes the right of the Naskapis
to hunt certain species of animals commercially and to raise certain
species in captivity. If commercial hunting or the raising of
animals in captivity is to be practised on Category IA-N land,
the consent of the NNK is required, and the NNK has the power
to adopt by-laws regulating such activities.
Complementary
Agreement no. 1 (English Only)
Complementary
Agreement no. 10 (English Only)
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