James Bay and Northern Quebec Agreement of 1975
The James Bay and Northern Quebec Agreement of 1975 is a landmark land claim settlement between Indigenous peoples and the governments of Quebec and Canada, established to address the impacts of resource development in the James Bay region. In the early 1970s, the provincial government's ambitions to harness the area's water and mineral resources prompted significant opposition from the local Indigenous communities, who sought legal recourse to protect their lands. Following extensive negotiations, the agreement was signed on November 11, 1975, and became effective in 1977.
Under this agreement, the Cree and Inuit peoples relinquished their claims to certain lands in exchange for $225 million in compensation, as well as rights to exclusive use of specific territories and hunting and fishing rights over a much larger area. The land was categorized to reflect varying degrees of use and management between Indigenous and non-Indigenous parties. The settlement not only resolved historical land claims but also established mechanisms for ongoing relations and governance between Indigenous communities and provincial and federal authorities.
The agreement serves as a significant milestone in the recognition of Indigenous rights in Canada, reflecting the efforts of the Cree and Inuit to assert their sovereignty and influence over development decisions affecting their traditional territories. It has also led to further agreements, including the Northeastern Quebec Agreement in 1978, which extended rights and compensation to the Naskapi tribe. The James Bay Agreement is viewed as a testament to the resilience and advocacy of Indigenous groups in their pursuit of justice and self-determination.
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Subject Terms
James Bay and Northern Quebec Agreement of 1975
Land claim agreement between federal and provincial governments, corporations, and the aboriginal peoples of northern Quebec Province
Date Signed on November 11, 1975; took effect on October 31, 1977
Following years of neglect of treaty agreements with Indians, or First Nations, in Canada, land claims were settled, compensation was paid, and the rights of aboriginal peoples were recognized by provincial and national governments. The James Bay and Northern Quebec Agreement was the first Canadian land claims settlement in modern history.
In the early 1970’s the Quebec provincial government established the James Bay Development Corporation for the purposes of developing the region’s water, mineral, forest, and recreational resources. The Quebec Association of Indians responded by applying to the Supreme Court for an injunction against the development on their lands. The injunction was granted but later overturned, and after lengthy and heated exchanges, a land claim agreement was signed on November 11, 1975. It became effective on October 31, 1977. The signatories were the Government of Quebec, the James Bay Energy Corporation, the James Bay Development Corporation, the Quebec Hydro-Electric Commission, the Grand Council of the Crees of Quebec, the Northern Quebec Inuit Association, and the Government of Canada.
In the agreement, the native peoples relinquished all claim to lands within the James Bay project area in exchange for $225 million in financial compensation from the Canadian and Quebec governments. The money was paid to the Cree Regional Authority and the Makivik Corporation of the Inuit and was exempt from taxation. Natives were also given exclusive use rights to 5,000 square miles of land and hunting, fishing, and trapping rights to an additional 60,000 square miles. The land was divided into categories of usage. Category I lands were for the exclusive use by native peoples, Category II lands were managed by both provincial and tribal governments, and Category III lands could be developed by both native and nonnative groups. All claims to land were settled and mechanisms set in place for future relations between native peoples and governments at all levels.
The Northeastern Quebec Agreement, signed in 1978 as a supplement to the James Bay document, gave rights and compensation to the Naskapi tribe near Schefferville. In 1993, the beneficiaries numbered 11,458 Cree, 7,066 Inuit, and 610 Naskapi.
Impact
The indigenous peoples of Canada asserted their rights to land and resources. They asked for the administration of their lands, opposed major development schemes, and attracted the attention of politicians in Ottawa by demands of compensation and political independence. The James Bay and Northern Quebec Agreement of 1975 is testimony to the perseverance of the Cree (and some Inuit) in their battle against hydroelectric development on the James River.
Bibliography
Hornig, James F. Social and Environmental Impacts of the James Bay Hydroelectric Project. Ithaca, N.Y.: McGill-Queen’s University Press, 1999.
Niezen, Ronald. Defending the Land: Sovereignty and Forest Life in James Bay Cree Society. Bacon: Allyn & Bacon, 1998.