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Who
are the Mushkegowuk Cree?
The Mushkegowuk Cree, formerly referred to as the "Swampy
Cree," are the Aboriginal communities in the Ontario
James Bay region. The seven Mushkegowuk communities (the Attawapiskat,
Chapleau Cree, Fort Albany, Kashechewan, Missanabie, Moose
Cree and New Post First Nations) operated historically as
independent First Nations, and now also work together under
an umbrella political organization, the Mushkegowuk Council.
What
are the Mushkegowuk Cree asking the Court to do?
On May 22, 2003, the Mushkegowuk filed a lawsuit in the Ontario
Superior Court of Justice. The lawsuit asks the court to rule
that a number of federal and provincial laws violate a constitutional
commitment made by Canada in the 1870 Rupert's Land Order,
to protect the interests and well-being of Aboriginal peoples
in the region. The laws which break this constitutional commitment,
claim the Mushkegowuk Cree, should not apply to the Mushkegowuk
(or other affected) First Nations.
What
and where is "Rupert's Land"?
In 1670, Charles II gave the Hudson's Bay Company the right
to trade and control "all the lands draining into the
Hudson's Bay and Strait." This large region (which encompasses
much of modern day Ontario, Manitoba, Saskatchewan and parts
of Alberta and the Northwest Territories) was known as Rupert's
Land. It included the traditional lands of the Mushkegowuk
Cree. After confederation in 1867, Canada petitioned England
to transfer Rupert's Land and the Northwestern Territory to
Canada, to open the region to colonization and ensure that
this vast region was not annexed by the United States. In
1870, England passed the Rupert's Land Order which transferred
Rupert's Land to the control of Canada on agreed terms (including
a commitment by Canada to protect Aboriginal interests in
the region).
What
is the promise Canada made?
In 1869 and 1870, in exchange for the transfer of Rupert's
Land, Canada made the following protection pledge: "That
upon the transferrence of the territories in question [Rupert's
Land] to the Canadian government, it will be the duty of the
Government to make adequate provisions for the protection
of the Indian tribes whose interests and well- being are involved
in the transfer." This protection pledge was incorporated
into the Rupert's Land Order, and became part of Canada's
constitution in 1870.What laws are affected?
The Mushkegowuk Cree are asking the courts to rule that a
number of key laws affecting natural resources violate Canada's
pledge to protect Aboriginal interests, including:·
- the
federal Migratory Birds Act
-
the Ontario Fish and Wildlife Conservation Act
-
the Ontario Crown Forest Sustainability Act
-
the Ontario Mining Act
-
the federal Indian Act
The
Mushkegowuk Cree contend that these laws destroy, rather than
protect, the historic Mushkegowuk interest in their traditional
homelands.
Are
the Mushkegowuk Cree asking for a handout?
The Mushkegowuk Council are asking for a promise to kept,
not a hand-out. The Canadian people promised that Aboriginal
interests would be protected, but instead Canadian laws take
away all Aboriginal rights in natural resources. The purpose
of the lawsuit is to have Canada and Ontario give back a share
of those natural resource revenues and control in northern
Ontario. Very large new developments, like diamond mines and
logging, are happening on Mushkegowuk lands, but the Mushkegowuk
communities receive almost no benefit from those developments.
The Mushkegowuk are happy to share those resources with the
people and businesses of Ontario, but they do not think that
Canada and Ontario can walk away from their promise, and leave
the original Mushkegowuk with next to nothing.
For
more information contact
The Mushkegowuk Council
Telephone (705) 658-4222
Mushkegowuk
Council
P.O. Box 370, 12 Centre Road, Moose Factory, ON, P0L 1W0
Phone: 705-658-4222 • Fax: 705-658-4250 |
