The James Bay agreement touches on a number of subjects and, as the first Canada-Indigenous treaty since the 1920s, it bears little resemblance to previous treaties but has become the prototype of the many agreements made since then. It established a number of provisions, principally in the following areas: •
Lands :The traditional lands of the signatories are divided into three categories: ::
Category I: Lands reserved exclusively for the use of Inuit and Cree beneficiaries. ::
Category II: Lands owned by the
Crown-in-right-of-Quebec, but in which hunting, fishing and trapping rights are reserved for Indigenous peoples and over which forestry, mining and tourism development authority is shared. ::
Category III: Lands in which some specific hunting and harvesting rights are reserved for Indigenous peoples, but all other rights are shared subject to a joint regulatory scheme. ::Section 7 of the James Bay and Northern Quebec Agreement states that northern Quebec, above the 55th parallel, belongs to the Inuit. This land is split into three categories, Category I lands, roughly 14,000 square kilometers, Category II lands, 150,929 square kilometers, and Category III lands, 908,000, nearly 60% of Quebec. Category I – The title to the Category I lands was transferred to the Inuit Community Corporations (now known as The Landholding Corporations) for Inuit community purposes. Each community was given about 243 square miles. Though category I lands are owned by the Inuit communities of Nunavik, the subsurface and the minerals rights are still owned by the Quebec government, though they cannot extract minerals in the subsurface without permission of the local village and without compensation. Category I lands cannot be sold or given up except to the Crown in the right of Quebec. • Note* At no time may the total area of Category I land be greater than 3,130 square miles without the consent of Quebec, or be less than 3,130 square miles without the consent of Inuit. Category II – Category II lands belong to the Government of Quebec, but the Inuit have exclusive hunting, fishing and trapping rights. Category II can be taken away by Quebec for the purpose of development but only with consent and compensation for the nearest village. Category III – Category III lands are everything not in Category I or Category II lands. Category III lands are owned by Quebec, and the government of Quebec can authorize development projects without consulting the nearby communities and Landholding Corporations. Category III lands are a joint use area for Inuit and non-Inuit in matters of access, as well as for hunting, fishing and trapping activities. : •
Environmental and Social Protections :Section 23: Environment and Social Protections North of the 55th Parallel is one out of 30 Sections of the JBNQA. In this section, they created the Kativik Environmental Quality Commission (KEQC) and the Kativik Environmental Advisory Committee (KEAC). These two committees are responsible for evaluating and examining developmental projects that are to take place on land that belongs to the provincial government and governed under the James Bay and Northern Québec Agreement (JBNQA). In order for any project to come through in Nunavik, they need to follow specific mandates such as; determine any possible negative effects on the land, the animals and the people. They are responsible for making sure the companies are keeping up with the needs of the people and the land by assessing and adapting the regulations and laws. The Companies who wish to develop on the land must evaluate and research the environment to foresee future development in the region and hand in their assessments to the two committees and they will determine if the proposal will be accepted. For informational purposes and appropriate actions, all decisions and recommendations are communicated to the federal and provincial government, including the areas affected. •
Economic development and financial compensation :In return for their signatures, the governments of Quebec and Canada and Hydro-Québec agreed to provide northern Quebec Indigenous peoples with extensive direct financial compensation – some Canadian dollar| to be managed and used for economic development through three Indigenous-owned development corporations: The
Cree Board of Compensation, the
Makivik Corporation and the
Naskapi Development Corporation. •
Education :The agreement provided for the establishment of the
Cree School Board for Cree villages, the
Kativik School Board for the residents of Northern villages, who are mostly Inuit, and a special school for Naskapi students of Kawawachikamach. The use of Indigenous languages for instruction in schools is explicitly encouraged. •
Inuit Education – Section 17 :The Kativik Ilisarniliriniq (formerly Kativik School Board) is the only school board that has elementary, high school, and adult education in Nunavik. Under the JBNQA under clause 17.0.3 the KI has jurisdiction for the elementary, high school, and adult education levels. All 14 communities in Nunavik have at least one school under the KI. The KI also provides post-secondary sponsorship program which applies to the beneficiaries of the James Bay and Northern Quebec Agreement who are pursuing their post-secondary education. ::
Language of Instruction :::Under the JBNQA clause 17.0.59 states that the teaching language shall be Inuktitut and with respect to the other language, in accordance with the present practice in the territory. ::
Cultural Programming :::Section 17.0.64 states that the Council may by ordinance provide for the establishment of programs for the teaching of subjects and the use of course materials based on Inuit culture and language. There are Inuktitut classes, culture classes, and culture weeks. ::
Adapted Calendar :::Section 17.0.67 states that the KI may establish by ordinance one or more school calendars, the existing rules serving as guidelines. In Nunavik, the schools have the right to have culture weeks so that they can practice traditional activities, such as hunting and trips. The school board has the mandate to create an adapted calendar to promote these activities. ::
Teacher Training :::Under section 17.0.69, the KI may establish by ordinance special training courses for its teachers. The teacher training is a unique program for the teachers in Nunavik. The Inuit teachers are trained not just about the language, they are also trained about Inuit culture and pedagogy. •
Local government :Cree communities in Quebec were established as Cree villages (municipalities) and Inuit communities of Nunavik were established as Northern villages with universal suffrage for Inuit and non-Inuit residents. In addition, the Cree Regional Authority was established to provide regional government for the Quebec Cree and the Kativik Regional Government was established to provide regional government for the residents of Nunavik (with the exception of the Cree village of Whapmagoostui which is governed by the Cree Regional Authority). •
Inuit Local Government In the James Bay and Northern Quebec Agreement, Section 12 stated that there will be a local government for each of the villages in Inuit territory north of the 55th parallel. The name of the Northern Villages also commonly known as "NV" is "The Municipality of ___________". They are: Kuujjuaraapik, Umiujaq, Inukjuaq, Puvirnituq, Akulivik, Ivujivik, Salluit, Kangirsujuaq, Quartaq, Kangirsuk, Aupaluk, Tasiujaq, Kuujjuaq, Kangirsualujjuaq. The services from the municipal office are health and hygiene, town planning and land development, public services, traffic and transportation, recreation and culture. For an example, they provide daily water deliveries, sewage disposals/lagoons, run the fire departments, organize recreational/cultural activities, maintain the roads, garbage removal/disposal, lighting, heating, power and snow removal. It is a public government meaning anyone, Inuk or non-Inuk, could run for municipal office. Any Canadian citizen, ordinarily a resident of the village for at least thirty-six months, who has no municipal debts, no contracts with nor working for a NV, no convictions of any crime under the law of Canada is eligible to run. There should be 1 mayor and 2–6 councilors depending on the population of the village. One member of the council is appointed to be the Kativik Regional Government (KRG) representative. Elections for municipal council are much like municipal elections in the rest of Canada. Anyone aged 18 or over, who holds Canadian citizenship, and resident in the territory for at least 12 months is eligible to vote. •
Health and Social Services :Responsibility for health and social services in Cree communities is the responsibility of the
Cree Board of Health and Social Services of James Bay. In Nunavik, these services are provided by the
Kativik Health and Social Services Council. The JBNQA Section 15 "Health and Social Services (Inuit)" established the framework upon which Québec would now provide capital and operational funding in the health sector. The organization of health and social services remains under the supervision of the provincial system, but it is adapted to the region’s characteristics. The transfer of responsibilities through the JBNQA also resulted in major reorganizations of administrative and budgetary portfolios between Canada and Québec. It also called for the creation of the Nunavik Regional Board of Health and Social Services (NRBHSS) (formerly Kativik Health and Social Services Council) and health establishments, for servicing all persons normally resident or temporarily resident in the administrative Region 10A or the Kativik territory (section 15.0.10). The NRBSS is an organization dedicated to improving the health and well-being of the populations in its territory. Its overall mission is to adapt the health and social service programs to the population's needs and to the region's realities. It ensures the organization and efficient use of resources granted to the Nunavik region. (presentation made by NRBHSS) It was created in 1995. Each of the fourteen communities has a local nursing station. Inside their nursing stations, public services include dentists, nurses, doctors, youth protection services, social services. In the smaller communities, the people have to be flown to either Kuujjuaq or Puvirnituq depending on where they live in order to be seen by a doctor and in some cases the people need to be seen by a doctor in the south depending on the severity of the illness. For the Hudson Bay region, the hospital is in Puvirnituq while the Ungava Bay regions hospital is in Kuujjuaq. ==Legacy==