Protecting the land under modern land claims agreements: the effectiveness of the environmental regime negotiated by the James Bay Cree in the James Bay and Northern Quebec agreement

Abstract

Signed in 1975, the James Bay and Northern Quebec Agreement was the first modern land claims agreement under the new Canadian federal policy of addressing outstanding native land rights. Although both native groups and governments have been quick to deny that the James Bay Agreement represents a model for other settlements, there are lessons which can be learned from it—lessons not only about content but also about implementation. Powers and jurisdiction on paper have little meaning if they are not put into practice. The objective of this paper is to describe the Cree approach to using a land claims agreement to protect the lands which form the basis of their hunting economies, and to evaluate the effectiveness of the agreement in meeting these objectives.