CREE NATION GOVERNMENT AFFIRMS PAIX DES BRAVES PREVAILS OVER BILL 97

The Cree Nation Government confirms that the Adapted Forestry Regime, as established under Chapter 3 of the Agreement Concerning New Relationship between le Gouvernement du Québec and the Crees of Québec (Paix des Braves) and the James Bay and Northern Québec Agreement (JBNQA) takes legal precedence over the provisions introduced in Bill 97 – An Act mainly to modernize the forestry regime and the governance of forests in Québec.

This precedence is explicitly affirmed in the bill itself under section 8.2, which states:

“The provisions of Chapter 3 of the Agreement Concerning a New Relationship between le Gouvernement du Québec and the Crees of Québec, entered into on 7 February 2002 and approved by Order in Council 289-2002 dated 20 March 2002 (French only), as well as any amendment to that chapter approved by the Government, prevail over the provisions of this Act […].”

This confirms that the provisions of the Adapted Forestry Regime will continue to apply and take precedence over the general forestry regime proposed under Bill 97.

The Paix des Braves is a legally binding agreement, and the Adapted Forestry Regime is incorporated by reference to the JBNQA, which is constitutionally protected. As such, it forms part of the Cree Nation’s treaty framework and reflects the mutual obligations of both the Cree Nation and the Government of Québec.

Under the Chapter 3 Adapted Forestry Regime, Cree traplines remain the basis for forest planning, and special rules, such as those concerning Sites of Special Interest (1%) and Areas of Wildlife Interest (25%) continue to apply. The planning processes (PAFIT, PAFIO, PRAN) and the roles of the Cree-Québec Forestry Board (CQFB), Joint Working Groups, Cree-Québec Forestry Economic Council (CQFEC) and the James Bay Advisory Committee on the Environment (JBACE) remain integral.

The Cree Nation Government further confirms that Bill 97 also does not alter the application of the Collaborative Regime which arises from the Agreement on Governance in the Eeyou Istchee James Bay Territory between the Crees of Eeyou Istchee and the Gouvernement du Québec nor the Agreement to Resolve the Baril-Moses Forestry Dispute between the Cree nation of Eeyou Istchee and the Gouvernement du Québec which apply to the territory east of the height of land with provisions that mirror those of the Adapted Forestry Regime.

The Cree Nation Government is conducting a detailed review of Bill 97 and will engage in direct discussions with the Gouvernement du Québec to ensure its implementation respects and is in full accordance with our treaty obligations, shared commitments, and recognized governance structures.

Nadia Saganash
Director of Quebec and Indigenous Relations
Tel : 514-213-5754
Email: nadia.saganash@cngov.ca