ARCHIVED - The James Bay and Northern Quebec Agreement and The Northeastern Quebec Agreement 1996 Annual Report

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Author: Minister of Public Works and Government Services Canada 
Date: 1997 
ISBN: 0-662-62771-7
QS- Q036-002-BB-A1

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Table of Contents


Minister's foreword

The Honourable Jane Stewart

As the Minister responsible for co-ordinating the implementation of the James Bay and Northern Quebec Agreement (JBNQA) and the Northeastern Quebec Agreement (NEQA), I am pleased to present the 1996 Annual Report, in accordance with the James Bay and Northern Quebec Native Claims Settlement Act.

In 1996, the federal government, through Me Michel Vennat, made determined efforts to identify, with the Cree of Northern Quebec and the Government of Quebec, which topics could be negotiated to fully implement the federal obligations under the JBNQA. The discussions also included the establishment of a new Canada-Cree relationship.

Substantial progress was made this year with regards to the implementation of the JBNQA and the NEQA. An agreement on supplying electricity for two Cree communities was concluded between the Department of Indian Affairs and Northern Development and Hydro-Québec; several projects related to health, sanitation and safety in five Cree communities under a 1993 agreement were completed: an agreement on Inuit housing in Chisasibi was signed; a funding committee was set up to resolve the issue related to the Marine Infrastructure Program: the Naskapi community's five-year operations and maintenance agreement was renewed: and discussions to reach an agreement on the Job Creation Strategy for the Naskapi are continuing.

In August 1996, Mr. André Maltais was appointed as chief negotiator for matters pertaining to self-government in Nunavik.

I am also pleased to report that a reconciliation agreement with the Nunavik Inuit who were relocated in the High Arctic in the early 1950s was ratified in April 1996 and the final report of the Royal Commission on Aboriginal Peoples was tabled on November 21. The Government of Canada will carefully consider the recommendations submitted and determine appropriate action.

Since the signing of the JBNQA in 1975 and the NEQA in 1978, several federal departments and agencies have been actively working to fulfill the federal government's obligations arising from the agreements and have developed the various structures required to achieve this end. The work carried out and the initiatives implemented this year illustrate the Government of Canada's commitment to building new partnerships with the Aboriginal peoples based on mutual respect, trust and participation in the decision-making process.

Signature of Jane Stewart

The Honourable Jane Stewart, P.C., M.P.,
Minister of Indian Affairs and Northern Development

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Introduction

The James Bay and Northern Quebec Agreement (JBNQA) was signed in 1975 by the Cree and Inuit peoples of Quebec, the governments of Canada and Quebec, the James Bay Development Corporation, the James Bay Energy Corporation and Hydro-Québec. Three years later, in 1978, the Naskapi of Schefferville signed a similar agreement, the Northeastern Quebec Agreement (NEQA).

The signing of these agreements marked the end of a lengthy process that began in 1898, when the boundaries of Quebec were first extended north to the 52nd parallel. In 1912, Quebec's boundaries were again extended, to Hudson Strait in the north and to Labrador in the east.

The 1912 Quebec Boundaries Extension Act carried certain obligations. Under this federal statute, the Quebec government was to reach an agreement on land-related issues with the Cree, Inuit and Naskapi peoples inhabiting these vast federal territories known as Rupert's Land. However, talks on these matters would not begin until 62 years later, after the Cree and Inuit peoples of Quebec filed a motion to halt the James Bay hydro-electric development work begun in Northern Quebec by the province.

In November 1973, Judge Albert Malouf of the Quebec Superior Court ordered that all work be stopped immediately, in particular because Quebec had not yet fulfilled its obligation under the 1912 Act.

The decision of Judge Malouf was reversed by the Quebec Court of Appeal in 1974, but that same year the parties began negotiations that would lead to the ratification of Canada's first modern treaties with Aboriginal communities.

As of June 30, 1996, 11,803 Cree, 7,813 Inuit and 644 Naskapi made up a total population of 20,260 Aboriginal people who were beneficiaries of the agreements.

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Map of Cree, Inuit and Naskapi Communities in Quebec

Map of Cree, Inuit and Naskapi communities in Quebec

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Principal Provisions of the Agreements

Under the terms of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement, the Aboriginal communities in the region have exchanged their claims, rights and territorial interests for other rights and benefits, as specified in the agreements. In addition to settling land claims, the signing of the agreements laid the foundations for a new kind of relationship with the Cree, the Inuit and the Naskapi, who are the first Aboriginal communities in Canada to have negotiated agreements with very substantial self-government components.

The JBNQA and NEQA define the land regime applicable to the Cree, the Inuit and the Naskapi as well as their rights in such areas as resource management, economic development, police and administration of justice, health and social services, and environmental protection.

As compensation, the Cree and Inuit received $225 million under the JBNQA, and the Naskapi received $9 million under the NEQA. They are also entitled to a range of services and programs to which the federal and provincial governments contribute annually. Additional lump-sum payments have also been provided as a result of treaty implementation agreements and specific agreements, most of which are connected with a complementary agreement to the JBNQA.

The Cree have received:

The Inuit have received:

The Naskapi have received:

Lands

A land regime divides the territory of the beneficiaries under the JBNQA and NEQA agreements into three categories (I, II, III). It also specifies the total area of land and the rights in each category.

Category I lands are set aside exclusively for the Aboriginal communities that are signatories to the two agreements. Cree and Naskapi Category I lands are further subdivided into categories IA and IB: "A" for lands under the jurisdiction of Canada, and "B" for those under that of Quebec. To distinguish them from Cree lands, Naskapi lands are classified as IA-N and IB-N. Lands under federal jurisdiction are governed by Aboriginal institutions as defined in the Cree-Naskapi (of Quebec) Act. Lands under Quebec's jurisdiction are governed by municipalities and corporations composed exclusively of Aboriginal people.

Category II lands come under provincial jurisdiction, but the Aboriginal people participate in the management of hunting, fishing and trapping and the development of outfitting operations. They also have exclusive hunting, fishing and trapping rights on these lands.

Category III lands are Quebec public lands where Aboriginal and non-Aboriginal peoples may hunt and fish. However, Aboriginal people enjoy certain privileges on these lands under the agreements. They have exclusive rights to the harvesting of certain aquatic species and certain furbearing animals; they participate in the administration and development of the territory; and last, they enjoy a right of first refusal, until the year 2015, in the event of applications to transfer or set up new outfitting operations. The Aboriginal people must, however, relinquish this right for 30 percent of transfers or new operations proposed by non- Aboriginal people.

The JBNQA and the NEQA identify more than 14,000 square kilometres of territory as Category I lands, 150,000 square kilometres as Category II lands and one million square kilometres as Category III lands.

Environmental and Social Protection

The JBNQA and the NEQA provide for consultative bodies to advise the governments on policies and regulations that may have an impact on the environment and the social conditions of the Aboriginal communities.

For this purpose, two committees have been set up under the JBNQA: the James Bay Advisory Committee on the Environment for the area south of the 55th parallel, and the Kativik Environmental Advisory Committee for the area north of that parallel. Each committee includes representatives from the Aboriginal communities and from the two levels of government.

The JBNQA also specifies evaluation procedures for development proposals. The Cree participate in the evaluation of projects affecting territory below the 55th parallel, whereas to the north it is the Inuit who participate in the evaluation. It is the responsibility of the federal Minister of the Environment, or of an administrator appointed by the Governor in Council, to apply - as federal administrator - the evaluation process for projects involving the jurisdiction of the federal government.

Landscape of Nunavik
Landscape of Nunavik. North and south of the 55th
parallel, Aboriginal people participate in environmental
and social protection of their communities.

For matters under provincial jurisdiction, a provincial administrator is appointed by the Quebec government. Projects in Category I Cree lands come under the authority of the local Cree administrator.

The NEQA includes similar provisions assuring the Naskapi of participation in the environmental protection of the lands covered by that agreement.

Economic Development

Compensation funds paid under the agreements by the governments of Quebec and Canada and by Hydro-Québec are administered by three organizations. The Cree Board of Compensation, the Makivik Corporation and the Naskapi Development Corporation thus handle the funding of projects for the economic development of the Aboriginal communities in Northern Quebec.

In addition, under the agreements, the Cree, the Inuit and the Naskapi continue to benefit, in the same way as other Aboriginal peoples, from economic development programs offered by the governments.

Education

The JBNQA provided for the establishment of the Cree School Board and the Kativik School Board. Both these boards, which operate under Quebec's jurisdiction, possess special powers and ensure that the educational programs are culturally relevant to the communities.

Under the terms of the NEQA, educational services for the Naskapi are provided for by a school created to fulfil the needs of the Naskapi community. The Eastern Quebec Regional School Board is in charge of its general administration. In addition, the Naskapi Education Committee was set up to perform the same advisory functions as those assigned to school committees under the Education Act at the time, and now known as the Education Act for the Cree, Inuit and Naskapi Native Persons.

The JBNQA and the NEQA established that Canada and Quebec would contribute to the funding of these institutions on the basis of annual operational and capital budgets, subject to their approval. The proportion to be contributed by Canada was set at 75 percent of the approved budgets of the Cree School Board and the Naskapi school, and 25 percent of the approved budgets of the Kativik School Board.

Hunting, Fishing and Trapping

The Hunting, Fishing and Trapping Coordinating Committee was created under the JBNQA. Composed of government and Aboriginal experts, the Committee reviews hunting, fishing and trapping management. It also makes recommendations to the two levels of government. Subcommittees, also made up of Aboriginal and government representatives, have been formed to deal with more specific issues, such as big game, parks, fishing, outfitting operations, marketing of caribou meat and land use.

Students playing in the schoolyard in Waswanipi
Students playing in the schoolyard in Waswanipi.

Local and Regional Administrations

Since 1984, the Cree communities and the Naskapi community have been incorporated. They have local administrations with the power to adopt by-laws concerning public order, environmental protection, taxation for local purposes, roads and transportation, local business and the use of lands and resources. Two additional bodies - the Cree Board of Compensation and the Cree Regional Authority (CRA), which is responsible for organizing common services for the Cree communities - were created under Quebec legislation.

The Inuit communities of Nunavik (the part of Quebec north of the 55th parallel) are incorporated as municipalities under Quebec legislation. The Kativik Regional Government is their regional structure, and the Makivik Corporation was set up to protect the interests of the Inuit with regard to the implementation of the JBNQA. Both organizations were established under Quebec legislation.

Cree-Naskapi (of Quebec) Act

To implement the agreement provisions regarding local government for the Indian communities, the Parliament of Canada passed the Cree-Naskapi (of Quebec) Act in 1984. This Act supersedes the Indian Act (except for matters pertaining to Indian status). It institutes a form of self-government and establishes the land management system for Category IA lands (Cree) and IA-N lands (Naskapi).

Cree-Naskapi Commission

The Cree-Naskapi (of Quebec) Act also brought about the creation of the Cree-Naskapi Commission, whose role is to investigate appeals concerning the Act's application. It must also produce biennial reports on the application of the Act, following hearings. These reports are submitted to the Minister of Indian Affairs and Northern Development to be tabled in Parliament. (The Commission's fifth biennial report was submitted to the Minister in September 1996 and tabled in the House of Commons on September 20, 1996.) The Cree-Naskapi Commission is made up of no more than three commissioners appointed by the Governor in Council, on the recommendation of the Cree Regional Authority and the Naskapi community.

Role of the Department of Indian Affairs and Northern Development

Since the signing of the agreements, the Department of Indian Affairs and Northern Development (DIAND) no longer provides direct delivery of services to the Cree, the Inuit and the Naskapi. Its role is mainly now to provide funding to finance communities, capital spending projects and programs delivered by Aboriginal administrations. It also participates in several plans for the management of resources and of lands covered by the agreements.

Finally, DIAND is responsible for implementing the agreements with respect to the overall obligations of the Government of Canada. In so doing, it must ensure the coordination of the various activities on the part of other federal departments and agencies in their dealings with Aboriginal communities.

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Current Status of the Implementation of the Agreements

Background

The implementation process of the JBNQA and the NEQA, signed in 1975 and 1978 respectively, proved to be longer and more complex than expected.

In 1981, the House of Commons Standing Committee on Indian Affairs urged the federal government to examine the problems relating to the JBNQA. Following the tabling of a departmental report - the Tait Report - in 1982, the federal government instituted a series of measures designed to solve all the problems related to the implementation of the Agreement.

In June 1986, Cabinet approved a process for implementing the government's obligations under the JBNQA.

Four years later, in September 1990, the federal government signed separate agreements with the Makivik Corporation and the Quebec Naskapi Band on the implementation of the JBNQA and the NEQA. These agreements released the federal government from certain obligations under the JBNQA and the NEQA. In return, the government awarded a one-time grant of $22.8 million to the Inuit and $1.7 million to the Naskapi.

In the same year, the James Bay Implementation Office was created within the Department of Indian Affairs and Northern Development to coordinate and monitor the Agreements' implementation activities.

The government also made other commitments to these communities. A number of activities have been carried out under the implementation agreements signed in 1990 with the Inuit and the Naskapi, and various working groups and organizational structures have been set up.

Discussions between the federal government and the Cree of Northern Quebec, related to the implementation of the JBNQA, are continuing on a regular basis.

The Cree

During 1996, the Canadian government continued its efforts to determine, with the Cree of Northern Quebec and the Government of Quebec, which topics could be negotiated to fully implement the federal obligations under the JBNQA. DIAND also continued to follow up on JBNQA implementation activities. In April 1996, the Department signed an agreement transfer-ring its responsibility for supplying electricity to the Eastmain and Wemindji communities to Hydro-Québec. The Department and the Wemindji community agreed on the resolution of a dispute concerning electricity generation costs. Under the operations and maintenance budget agreement signed in September 1995, DIAND and the Cree set up three working groups whose respective mandates are: the discounted payment formula; the production of financial statements: and the housing demonstration program.

The Inuit

In relation to the JBNQA Implementation Agreement, signed between Canada and the Inuit of Nunavik in September 1990, a special meeting covering 12 subjects and including as many federal representatives took place in January 1996. A variety of information was provided and the various federal interventions were coordinated. The major issues covered in the regular talks and special meetings during the year pertained to housing in Nunavik, Inuit housing in Chisasibi and the Marine Infrastructure Program. Discussions on the first issue took place. The parties reached a consensus concerning Inuit housing in Chisasibi and an agreement was signed in December 1996. A funding committee composed of various federal departments was set up to develop a common strategy in order to settle the issue related to the Marine Infrastructure Program.

In August 1996, the Minister of Indian Affairs and Northern Development appointed a chief negotiator for questions related to self-government in Nunavik. His mandate consists in undertaking discussions with the Makivik Corporation in order to identify the various programs, services and federal jurisdictions that could become the future responsibility of a Nunavik government and assembly. These talks support tripartite negotiations involving the Makivik Corporation, the Quebec government and the Canadian government designed to establish the Nunavik Assembly and government.

The Naskapi

Considerable progress has been made in relation to the NEQA Implementation Agreement, signed between Canada and the Naskapi Band of Quebec on September 13, 1990. Following negotiations between the parties, the Naskapi community's five-year operations and maintenance agreement was renewed in December 1996. Under the Job Creation Strategy, the parties should agree soon on the clauses of an agreement. The objective of the Strategy is to create several jobs for the Naskapi of Kawawachikamach.

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Summary of Federal Government Expenditures,1 ($) 1991-1996

  1991-1992 1992-1993 1993-1994 1994-1995 1995-1996
Indian and Northern Affairs Canada 89,536,504 109,578,050 109,448,407 109,493,023 122,829,350
Canada Mortgage and Housing Corporation2 30,319,000 33,337,409 38,196,909 42,289,524 43,713,641
Human Resources Development Canada 5,182,104 8,517,274 8,015,000 8,599,218 10,103,816
Health Canada 1,685,876 2,186,641 2,719,646 4,119,744 5,526,116
Solicitor General 5,000 60,000 1,362,712 2,913,2533 4,750,8893
Canadian Heritage 2,393,187 2,416,702 2,294,750 2,258,260 2,135,492
National Defence see note4 see note4 see note4 1,986,600 1,023,000
Transport Canada 4,900,000 674,650 1,329,870 1,452,271 986,726
Fisheries and Oceans Canada 1,253,645 1,582,000 2,533,500 1,959,100 847,169
Federal Office of Regional Development - Quebec 391,937 580,316 379,119 250,367 486,261
Natural Resources Canada Canadian Forestry Service 502,119 730,175 728,661 429,700 453,200
Industry Canada 357,654 844,213 2,573,652 3,720,246 279,0425
Environment Canada6 815,855 938,718 884,540 650,527 188,898 7
Justice Canada nil 70,000 47,700 40,000 40,000
TOTAL 137,342,881 161,516,148 169,288,025 180,161,833 193,363,600
TOTAL FEDERAL EXPENDITURES BETWEEN 1991 AND 1996: $ 841,672,487

1 These figures are supplied by the departments.
Calendar year.
3 Increases as the results of the agreements concluded in 1994 with the Cree and the Naskapi and the one concluded in 1995 with the Kativik Regional Government.
4 Financial data from the Department for the territory covered by the agreements for 1991-1992 to 1993-1994 was not available for the report.
5 Decrease as a result of a national moratorium placed on Aboriginal Business Canada for the fiscal year 1995-1996.
6 Including the expenses of the Canadian Environmental Assessment Agency. 7. Decrease as a result of the termination of activities related to the environmental review of the Great Whale project shelved following a decision by the Quebec Government.

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Activities and Expenditures of Federal Departments and Agencies, 1995-1996

Indian and Northern Affairs Canada

During the 1995-1996 fiscal year, the Department of Indian Affairs and Northern Development spent a total of $122,829,350 in activities for Cree, Inuit and Naskapi communities covered by the JBNQA and the NEQA.

Education

DIAND allocated a total budget of $49,808,421 to cover education expenses during the 1995-1996 fiscal year. Most of these funds -$44,701,000- went toward the cost of education services and were distributed to the school boards concerned through the Quebec Department of Education. The Cree School Board received $32,893,757 and the Kativik School Board received $9,979,905, while the Eastern Quebec Regional School Board was given $1,827,338. Expenditures related to school infrastructures totaled $4,463,239 for all Cree, Inuit and Naskapi educational facilities.

During the 1995-1996 school year, 6,220 students were registered at the pre-school, elementary and secondary levels on lands covered by the agreements, including 3,344 students under the Cree School Board, 2,701 under the Kativik School Board and 175 students at the Naskapi school.

DIAND granted $243,219 as direct financing for the Post-Secondary Education Assistance Program. The Department also* contributed $194,376 to the Cree and $196,587 to the Inuit for the operation of their cultural centres and $10,000 to cover guidance and counseling costs.

Capital, Operations and Maintenance

During the 1995-1996 fiscal year, a total of $55,868,450 was spent by DIAND on capital, operations and maintenance of Cree and Naskapi communities.

The Cree and Naskapi received capital grants totaling $13,949,884 during the 1995-1996 fiscal year. Part of this sum - $4,200,00 - was used for projects related to health, sanitation and safety in four Cree communities.

In addition, $7,036,175 in capital contributions was awarded. Waskaganish received $3,299,875 to relocate the drinking water supply intake and $2,886,300 to treat wastewater and Kawawachikamach received $850,000 to install a transmission line.

DIAND also allocated $34,882,391 in the form of grants and contributions for operations and maintenance in Cree and Naskapi communities.

Electricity

The ten-year agreement governing the opera-ting grant awarded by DIAND to the Wemindji community expired in March 1996. An agreement was concluded between DIAND and Hydro-Québec in April 1996, for an amount of $8,250,9561, to supply electricity to the Wemindji and Eastmain communities, which were not connected to Hydro-Québec's grid.

Representatives from the community, DIAND and Hydro-Québec continued talks on the power supply to Waskaganish during 1996. One of the options discussed consists in implementing an energy efficiency program in the community for the generators currently in use. In November 1996, Hydro-Québec completed a study on the evaluation of energy conservation potential. The conclusions should be available early in January 1997.

During the 1995-1996 fiscal year, these communities received the following amounts:

Wemindji

  • Grant -End of annual grant
  • Electricity system
$1,100,000
3,505,298

Sub-total:

$4,605,298

Eastmain

  • Soil decontamination
25,000

Waskaganish

  • Electricity system
3,055,514

Total

$7,685,812

1 This sum was not included in Summary of federal government expenditures, ($) 1991-1996 Table (page 14) because it was not paid directly to the beneficiaries.

Social Development

The Quebec government provides social assistance services for most of the communities in the area covered by the agreements. DIAND contributed $3,579,415 for the delivery of these services in the communities of Mistissini, Waswanipi and Kawawachikamach.

During the 1995-1996 fiscal year, these three communities received the following amounts:

Mistissini
$1,054,540
Waswanipi
1,437,061
Kawawachikamach
1,087,814
TOTAL
$3,579,415

The federal government also finances two additional programs: the National Strategy for the Integration of Persons with Disabilities (NSIPD) and the Federal Initiative on Family Violence (IFV).

During the 1995-1996 fiscal year, the beneficiaries of the agreements received the following amounts:

  NSIPD IFV Total
Cree $21,346 $140,938 $162,284
Inuit 25,744 169,200 194,944
Naskapi 1,764 11,635 13,399
Total $48,854 $321,733 $370,627

Economic Development

DIAND participates in the economic develop-ment of Aboriginal peoples by contributing funds to Community Economic Development Organizations (CEDOs), which were created under the Canadian Aboriginal Economic Development Strategy (CAEDS) and provide technical and financial assistance for projects.

The Department continued to support economic development in accordance with CAEDS standards, contributing the following amounts during the 1995-1996 fiscal year:

Cree
$902,930
Inuit
$870,441
Naskapi
$49,249
TOTAL
$1,822,620

Environment

During the 1995-1996 fiscal year, DIAND provided $324,150 to the Cree Regional Authority to continue work on the Environmental Issues Inventory in Cree communities. Analyses of the health and environmental risks were conducted at sites where contamination had been detected. The lots of the Whapmagoostui municipal garage and the former Eastmain service station were cleaned up. The quality of the underground water was assessed at waste disposal sites and contaminated sites that have observation wells and all petroleum storage tanks were tested. The Wemindji community received $67,081 from the Department to dispose of petroleum storage tanks and drums no longer in use, and to participate in cleaning up the lot of the diesel power station.

All material containing PCBs (Polychlorinated Biphenyls) stored at the Waskaganish and Wemindji diesel stations was transferred in February 1996 to the Long Point Garrison of the Department of National Defence, Quebec, for disposal in Swan Hill, Alberta.

Local environmental managers in Cree communities participated in training sessions on environmental emergencies, hazardous waste and materials management and the Canadian Environmental Assessment Act.

Finally, a pilot project designed to develop and implement an environmental management system in Cree communities is under way.

Resource Access Negotiations

The Cree community of Waskaganish received $38,400 from DIAND during the 1995-1996 fiscal year, under the Resource Access Negotiations Program (RAN), to negotiate the most economical means of meeting the community's energy requirements with Hydro-Québec. The Cree community of Eastmain is currently negotiating the management of the service centre located at Kilometre 381 with the James Bay Energy Corporation in order to set up a multi-purpose tourist centre.

The Department also awarded $31,234 to the Kativik Regional Development Council to allow the Inuit communities of Salluit and Kangiqsujuaq to negotiate economic spin-offs from the Raglan mining project. In September 1996, the Société minière Raglan du Québec Ltée awarded an open-pit mining contract for a nickel mine in Nunavik to a joint venture which includes Nuvumiut Development Inc., an Inuit company.

Monitoring groundwater quality in Whapmagoostui
Monitoring groundwater quality in the Whapmagoostui
municipal garage.

Indian Registration

It is the responsibility of DIAND and the Cree and Naskapi communities to manage Indian registration records. The Department contributed $91,979 to maintain the registry in these communities during the 1995-1996 fiscal year.

Cree-Naskapi Land Registry

The organization of a registry of rights and interests granted in Category IA and IA-N lands and in buildings located on those lands is provided for under the Cree-Naskapi (of Quebec) Act.

During 1996, the Eastmain and Waskaganish communities opened their local land registry offices. These offices are in addition to the six offices already open in Whapmagoostui, Wemindji, Chisasibi, Mistissini, Nemaska and Kawawachikamach.

In 1996, DIAND's central land registrar provided training sessions on the practical aspects of operating the registration system to Kawawachikamach and Waskaganish registrars and also undertook, in co-operation with Geomatics Canada, the task of drafting an information pamphlet on this particular registration system in lands covered by the agreement.

At the same time, the central land registrar recorded the rights and interests submitted for registration and assisted Cree and Naskapi beneficiaries and third parties in the preparation of land descriptions and in the preparation and registration, or deposit, of any documents to be registered, or deposited, in accordance with the Act.

The Cree-Naskapi Land Registry Regulations were discussed by the legal representatives of the Cree and Naskapi, DIAND, and the Standing Joint Committee for the Scrutiny of Regulations, to clarify certain provisions.

Financial Aid

During the 1995-1996 fiscal year, the Cree Regional Authority received $55,000 in financial aid from to cover part of the cost of a study on tourism. A Cree community received $25,000 to cover the costs of organizing a conference on housing. The Department also provided financial aid for the organization of a training session on forest fire prevention in nine Cree communities in June 1996.

The Makivik Corporation obtained a $265,000 grant to assist with the operational costs of agencies established to implement the JBNQA, as well as with the costs of overall implementation activities. DIAND also allotted $648,801 for the resettlement of Inuit people originally from Inukjuak who were relocated in the High Arctic during the 1950s. The grant is paid to the Makivik Corporation, which acts on behalf of the Inuit concerned.

The Naskapi received $60,000 to cover part of the cost of negotiations for the Job Creation Strategy, the operations and maintenance budget and the capital budget. They received an additional amount of $15,000, which was used to collect the testimonies of the Elders in order to eventually publish a book on the history of the Naskapi at Fort McKenzie. Moreover, $101,013 was allocated to cover expenses related to the power outage in Kawawachikamach in January 1996.

Oujé-Bougoumou

Under the agreement signed in 1992 by DIAND and the Cree of Ouje-Bougoumou, the Department awarded an operations and maintenance grant of $1,971,347 during the 1995-1996 fiscal year.

Canada Mortgage and Housing Corporation

In March 1996, the Government of Canada gave the Canada Mortgage and Housing Corporation (CMHC) a new mandate, to improve its effectiveness and deliver services tailored to meet the significant challenges it will be facing in future in the area of housing.

For CMHC, one component of this mandate involved helping on-reserve Aboriginal communities achieve increased autonomy in the production and maintenance of their housing stock.

Several months later, in July 1996, the government announced a new approach to housing for Aboriginal people. CMHC was thus called upon to support the First Nations in their efforts, providing them with tools such as training and financial products to increase their autonomy and save them money.

In so doing, the Government of Canada asked CMHC to design and implement a new, better focused and more flexible version of its onreserve social housing program. National consultations with the First Nations were held in the fall of 1996, in order to take their concerns into account in the implementation of this program, scheduled to come into effect in 1997.

During 1995, close to $10 million in CMHC subsidies went to Cree and Naskapi communities for the operation of existing housing. In 1996, some fifty units are scheduled to be built in these communities.

In addition to this program, under various mechanisms and in conjunction with the Société d'habitation du Québec (SHQ), CMHC also subsidizes some 1,700 units for the Inuit; in 1995, this represented over $33 million in subsidies.

In 1996, CMHC also renewed a very successful initiative from 1994, the Remote Housing Program. This program offers one-time capital grants for housing construction but requires an investment by the community. Because of their geographic location, the Inuit and, since 1996, the Cree and Naskapi are the main beneficiaries of this program. In the case of the Inuit, the cost of the program is shared with the SHQ, which, for a period of 15 years, pays the recipients a subsidy to cover part of their operating costs. These initiatives will help build approximately forty additional units in 1996.

In 1995, subsidies provided by CMHC for housing in the Aboriginal communities covered by the agreements amounted to $43,713,641.

Single-family units in Kawawachikamach.
Single-family units in Kawawachikamach.

CMHC, Program Expenditures in Northern Quebec1, 1995
  Cree Inuit Naskapi Total
Pre-1986 Programs
Federal subsidies $2,936,162 $18,061,231 $498,131 $21,495,524
Number of subsidized units 639 996 70  
 
Post-1985 Programs
Federal Subsidies $6,653,641 $15,296,539 $267,937 $22,218,117
Number of subsidized Units 870 707 28  
Total $9,589,803 $33,357,770 $766,068 $43,713,641

1 For the Cree and the Naskapi, programs and criteria for subsidies are different from those applicable to the Inuit.

Human Resources Development Canada

Human Resources Development Canada (HRDC) continues to work toward its goal of promoting greater autonomy for Aboriginal communities. It supports them in their efforts to take control over development tools for improving their workers' employability and upgrading their workers' skills to meet labour market requirements.

An agreement between HRDC and the Kativik Regional Government (KRG) gives the Inuit responsibility for the delivery of employment and training programs and services for all communities in Nunavik. In force since April 1992 and renewed in April 1995, this agreement is currently being renegotiated for April 1, 1997. The KRG received $5,383,231 during the 1995-1996 fiscal year.

HRDC and the Grand Council of the Crees (of Quebec) pursued their negotiations to reach overall agreement on the devolution of the employment and training programs and services currently provided by the Department on Cree territory. An agreement in principle came into effect April 1, 1996, and devolution is to begin early in 1997. The Cree received $4,405,585 for training and employment development during the 1995-1996 fiscal year.

The Naskapi participated in the "Pathways to Success" national strategy until March 31, 1996. Since April 1996, HRDC has had a new relationship with all the First Nations. As members of the Assembly of the First Nations of Quebec and Labrador, the Naskapi now belong to the Commission on Human Resources Development for the First Nations of Quebec. The Naskapi Local Aboriginal Management Board received $315,000 for training and employment development activities in 1995-1996.

Health Canada

During the 1995-1996 fiscal year, Health Canada's Medical Services Branch provided $5,526,116 for various health programs in the Cree, Inuit and Naskapi communities covered by the agreements. The Department primarily funded projects in the areas of mental health, drug and solvent abuse, family violence and prenatal nutrition.

Health Canada also encourages students from these communities to work in the health care sector, through the Indian and Inuit Health Careers Program. In addition, the Department covered the cost of Non-Insured Health Benefits for beneficiaries living away from their home communities.

Health Canada, Program Expenditures in 1995-1996
  Cree Inuit Naskapi Total
Non-Insured Health Benefits $510,097 $234,814 $7,239 $752,150
National Native Alcohol and Drug Abuse Program 609,534 692,716 34,749 1,336,999
Solvent Abuse 121,865 101,872 7,033 230,770
Canada's Drug Strategy nil 15,000 nil 15,000
Brighter Futures 777,040 682,216 47,237 1,506,493
Prenatal Nutrition 51,964 48,265 3,332 103,561
Building Healthy Communities Strategy 716,253 618,688 42,872 1,377,813
Tobacco Demand Reduction Strategy 25,376 24,430 1,465 51,271
Family Violence 50,829 78,417 9,738 138,984
Indian and Inuit Health Careers nil 13,075 nil 13,075
TOTAL $2,862,958 $2,509,493 $153,665 $5,526,116

Solicitor General Canada

In 1996, the Department of the Solicitor General followed up on the three tripartite policing agreements reached with the Government of Quebec and, respectively, the Kativik Regional Government, the Cree and the Naskapi.

The Department continued its talks with representatives of the Cree concerning certain unresolved issues relating to policing services in the James Bay Cree communities.

In the fall of 1996, in conjunction with the Government of Quebec, the Department began negotiations with the Cree and with the Naskapi for the renewal of their respective agreement, which expire April 1, 1997.

It also took an active part in the work of the implementation committee for the agreement signed with the Kativik Regional Government. On April 1, 1996, the Kativik Regional Police Force assumed full and complete responsibility for all policing services in the 14 communities in Nunavik.

As its contribution to the tripartite agreements during the 1995-1996 fiscal year, the Department paid $2,243,022 to the Cree, $245,427 to the Naskapi and $2,104,440 to the Kativik Regional Government.

Correctional Service Canada (CSC) pursued its strategy of developing programs specially tailored to Aboriginal culture and realities. It continued to offer Aboriginal liaison officer ser-vices in each institution, and it paid $32,000 to Native Parajudicial Services of Quebec, which is responsible for counseling Aboriginal offenders in federal penitentiaries, including the Cree, Inuit and Naskapi, to facilitate correctional planning and follow-up until their release. A further $27,000 was allocated for various treatment programs designed to deal with substance abuse, sexual offences and family violence and to promote literacy training and Aboriginal spirituality. These amounts do not include the direct costs of incarceration.

CSC also invested $99,000 in accommodation, supervision and treatment in halfway houses during conditional release.

During the 1995-1996 fiscal year, the Department of the Solicitor General spent a total of $4,750,889 on its activities in Northern Quebec.

Canadian Heritage

Canadian Heritage, acting through the Native Citizens' Directorate, supports a wide range of activities in Northern Quebec. Its main areas of intervention are in the operation of Aboriginal communication networks and friendship centres, the protection of Aboriginal languages and cultures, support for Aboriginal organizations and for the improvement of the situation of Aboriginal women.

During the 1995-1996 fiscal year, Canadian Heritage provided support, through its programs, to Aboriginal communities in Northern Quebec, amounting to $2,135,492.

Canadian Heritage, Program Expenditures in 1995-1996
Northern Native Broadcast Access Program
   
James Bay Cree Communications Society $352,450
Taqramiut Nipingat Incorporated (TNI) 1,094,400
   
Aboriginal Representative Organizations Program
   
Makivik Corporation 172,380
   
Native Friendship Centre Program
   
Senneterre Native Friendship Centre Inc.* 134,919
Val-d'or Native Friendship Centre Inc.* 202,379
Cree Indian Friendship Centre of Chibougamou Inc. 168,649
   
Aboriginal Women's Program  
   
Cree Women Council 6,205
Grand Council of Naskapi 4,110
Total $2,135,492

*The services provided by Native friendship centres are not offered exclusively to the agreements' beneficiaries.

Young Inuit listening to music
Young Inuit listening to music on the Puvirnituk
community radio station.

National Defence

Part of the Canadian Forces of the Department of National Defence, Land Force Quebec Area (LFQA) manages all Land Force activities in Quebec. On the territory under agreement, LFQA is responsible for three types of activity, in connection with the Canadian Ranger, Junior Ranger and Cadet programs.

The Canadian Rangers are volunteers aged 18 to 60; they receive basic training so that, when necessary, they can support members of the Canadian Forces in remote Northern and coastal areas where there are no regular troops.

Junior Rangers are young people 12 to 17 from Northern communities that have Ranger patrols. The Junior Ranger program stresses traditional Aboriginal culture and discipline and promotes community involvement by these young people.

Cadets are between 12 and 18 years of age and are part of a civilian organization sponsored by the Cadet Leagues. The Canadian Forces are responsible for ensuring supervision, delivering training and providing the necessary resources to achieve the goals of the Cadet movement, which are to develop leadership and good citizenship, promote physical fitness and stimulate and challenge these young people.

Akulivik Junior Rangers patrols
Akulivik Junior Rangers patrols officially created in
September 1996.

In Nunavik, LFQA has 14 Ranger patrols with a total complement of 311 and seven Junior Ranger patrols with some 200 members, most of whom are Inuit. In addition, through the Eastern Region Cadets, LFQA is responsible for management and supervision of a cadet corps in Schefferville. This cadet corps has 35 members, 15 of whom are Naskapi.

During the 1995-1996 fiscal year, the Department of National Defence allocated a total of $1,023,000 for its activities in Northern Quebec. Part of this amount - $580,000 - went toward program activities.

The Department completed Phase 2 of the environmental project to restore 24 sites in Kuujjuaq, and the remaining $443,000 was used to cover these works.

Transport Canada

During the 1995-1996 fiscal year, Transport Canada spent a total of $224,700 on the Eastmain, Kuujjuaq and Schefferville airports.

In February 1996, all the material containing PCBs stored at the Kuujjuaq airport was moved to Longue Pointe, Quebec, for subsequent disposal in Swan Hills, Alberta. With Public Works and Government Services Canada as prime contractor, this initiative had been organized by a group of departments, including Transport Canada. An environmental assessment for the airport was completed in November 1996. The purpose of the assessment was to identify areas in which the airport did not meet environmental standards. Based on the findings, a remedial action plan will be developed.

Transport Canada provides financial assistance for capital projects involving airport security, asset protection and reduction of operating costs, through the Airport Capital Assistance Program (ACAP). The Chisasibi Cree Nation opened discussions with Transport Canada with a view to possibly submitting an application under this program for assistance in improving facilities at the Chisasibi airport.

The Schefferville airport operations and maintenance contract was awarded to the Naskapi in 1995, for a three-year period: during the 1995- 1996 fiscal year, the Naskapi received $246,100. The operations and maintenance contracts for the Eastmain, Waskaganish and Wemindji airports were renewed for three-year terms in 1995 with the band councils of each of these communities; during the 1995-1996 fiscal year, the Department granted a total of $515,926 for these airports. In addition, Transport Canada and the Kativik Regional Government reached an agreement in 1996 concerning transfer of the management of the Kuujjuaq airport.

Finally, under the Marine Infrastructure Program, activities for 1996 involved reviewing and summarizing the financial parameters for the program.

The Working Group worked all year long to reach an agreement among the parties as to the content of the program, so that infrastructure can be put into place in the 14 Nunavik communities.

Fisheries and Oceans Canada

In addition to administering several research and development programs in Northern Quebec, Fisheries and Oceans Canada (DFO) is responsible for numerous services including protection, vessel escort services, assistance to navigation and maritime telecommunications. DFO also manages marine fisheries and the fish habitat in co-operation with the Cree and the Inuit and is pursuing its scientific studies in the Hudson basin. DFO is not active on the Naskapi territory, as the Naskapi fish exclusively freshwater species, for which Quebec has delegated management authority. However, the Department has established contacts through the Hunting, Fishing and Trapping Co-ordinating Committee.

DFO is also a member of the environmental advisory committees and is involved in the Working Group evaluating marine infrastructure.

Northern Quebec Area and Native Affairs - Fisheries Management

In 1996, DFO oversaw implementation of the Aboriginal Fisheries Strategy (AFS) as well as the development and application of a five-year (1996-2000) Northern Quebec beluga management plan in conjunction with the 14 Nunavik Municipal Corporations, the Hunting, Fishing and Trapping Association of Nunavik, the Makivik Corporation and the Kativik Regional Government. Fishing Agreements were signed with 13 of these corporations, allowing them to hire 13 Community Agents to monitor beluga and walrus hunting.

Still under the AFS, DFO continued the Inuit Fishery Guardian training program which began the previous year. The eight candidates who had already completed the first phase of the course successfully completed the second phase and were designated Fishery Guardians under the Fisheries Act. Five of them were hired as Fishery Guardians under an Agreement concluded with KRG, while two are working for DFO in Inukjuak.

The Department oversaw, for the last year, the implementation of the Fisheries and Aquaculture Testing and Experimentation Program, a special maritime fisheries development program that should generate socio-economic spinoffs in Northern Quebec. DFO continued to provide financial assistance and advisory support for projects carried out by the Makivi k Corporation and Seaku Fisheries Inc.

Regional Science Branch

The Department's Science Branch, through the Maurice Lamontagne Institute, continued its activities in connection with the multidisciplinary study of the marine environment of the Hudson basin program, which began in 1993 and is slated to end in 1998. Its main objective is to acquire information necessary to assess the specific cumulative impact of changes in the flows of fresh water on the marine environment of the Hudson basin. The various projects associated with this program are almost complete, and a number of scientific reports and manuscripts will be published shortly. In general, the work has demonstrated the important influence of fresh water river flows on coastal processes, particularly in the southeastern portion of Hudson Bay. Other work under way at the Maurice Lamontagne Institute concerns marine mammals in Hudson Bay and Hudson Strait.

Finally, fish habitat management activities continued in connection with the restoration of Arctic char habitats near Inukjuak (Hudson Bay) and the development of local expertise in this area in Kangiqsualujjuaq. In all, five habitats have been restored near Inukjuak in cooperation with the local youth committee.

Coast Guard

Coast Guard continues to administer several programs in order to provide a number of services such as protecting the public right of navigation, escorting vessels, maintaining assistance to navigation and telecommunications.

During the 1995-1996 fiscal year, Fisheries and Oceans Canada, Laurentian Region, allocated a total of $847,169 to its various projects and programs.

Inuit Fishery Guardians
Inuit Fishery Guardians contribute to beluga management
by conducting numerous air patrols with DFO Fishery Officers.

Federal Office of Regional Development-Quebec

The mandate of the Federal Office of Regional Development - Quebec (FORD - Q) is to promote economic development in the regions of Quebec. It also emphasizes long-term growth, job creation and sustainable revenues. It focuses its efforts on small and medium-sized businesses (SME) and on promoting entrepreneurship.

The approach taken by FORD - Q recognizes that the dynamism and development of SME are a driving force in the development of the regions' economic potential. It further recognizes the need for concerted and coherent action with a series of partners in order to help realize regional development opportunities. FORD - Q focuses its efforts on two priority areas: providing a series of services geared to clients' needs and coordinating federal economic activity in Quebec.

Domestication of the caribou
Domestication of the caribou, following the techniques
used with reindeer in the Finnmark region of Norway,
will help provide a regular supply for the meat-packing
plant in Inukjuak.

Under the terms of the Enterprise Development Program, Tourism Component, which terminated on March 31, 1995, a total of $24,882 in contributions was granted to Cree communities. Inuit communities received overall contributions of $200,000.

Under the IDEA-SME Program, FORD - Q granted Cree communities a total of $15,375 in contributions, while the Inuit communities received a total of $16,750. One of the projects that benefited from federal support was the lpushin Intercontinental Trading Company Ltd. project to process and export caribou meat, primarily to Asian countries.

Under the terms of the Community Futures Program, FORD - Q contributed $229,254 to Cree communities. The objective of this program is to give SME access to commercial funding and management consulting services.

During the 1995-1996 fiscal year, the Department allocated a total of $486,261 to its various programs.

Natural Resources Canada

The Department is active in the territories covered by the agreements through the Canadian Forest Service and Geomatics Canada.

Canadian Forest Service

In 1996, the Canadian Forest Service continued the implementation of the Forest Management Program for Indian Lands (FMPIL) in cooperation with the Cree communities. This program enables Aboriginal peoples to manage their forest resources on the basis of a code of ethics which respects traditional customs.

During 1995-1996, a total of $453,200 was allocated to the Cree of Mistissini and Waswanipi for activities and projects in tune with the program's philosophy.

The Eenatuk Forestry Corporation in Mistissini received $139,800 for pre-commercial thinning of 14 hectares and planting 300,000 trees. The Department's contribution helped support the technical team financially.

The A-Pit-See-Win Co-operative in Waswanipi received $313,400 for clear-cutting in a checkerboard pattern with forest protection on 345 hectares, preparation of 164 hectares of land, planting 500.000 trees and maintaining five kilometres of forest roads. This contribution also helped support the technical team financially.

Some 500,000 trees were planted in Waswanipi
Some 500,000 trees were planted in Waswanipi in 1996.

Under the terms of the Canadian Environmental Assessment Act, the projects proposed by Cree communities under the FMPIL are all evaluated by the Canadian Forest Service.

The year 1996 also marked the end of the FMPIL and the advent of a new program: the First Nation Forestry Program (FMPIL). The objective of this program is to increase the development capabilities of Aboriginal communities. In addition to a forestry component, it offers three other components focused on the economic development of Aboriginal forestry: the development of Aboriginal businesses, cooperation between communities and partnerships with non-Aboriginal industries, and the creation of a development fund for the Aboriginal forest.

Geomatics Canada

Geomatics Canada is active in the territories covered by the agreements through its Legal Surveys Division (LSD). Its activities in the Aboriginal communities consist mainly of producing cartographic information and providing consulting services. The LSD also supervises certain projects relating to land surveying and map production.

During 1996, the regional office of the LSD prepared parcel plans and confirmed the Crina numbers at the request of DIAND's central land registrar for all rights granted on Cree and/or Naskapi lands.

The LSD also advised the central land registrar on title searches to justify the rights of non- Aboriginal third parties in various communities.

The land surveyor in charge of the regional office of the LSD and DIAND's central land registrar are preparing a brochure explaining the operation of the registry system in Cree and Naskapi communities. The brochure, which should be available in 1997, is designed primarily for local Cree and Naskapi registrars, professionals involved with land issues (land surveyors, notaries, lawyers) working in these communities, as well for those wishing to better understand the operation of this particular system for registering rights and interests.

Survey of an access road in Category 1A
Survey of an access road in Category 1A lands in Wemindji.

Industry Canada

Industry Canada invested a total of $279,042 during fiscal year 1995-1996 to support a total of eight business and economic development projects for the Cree, Inuit and Naskapi of the region.

Funding was provided for the establishment, acquisition or expansion of two businesses. One other business received financial assistance for a marketing assistance. Funding was allocated for two economic development research projects under Research and Advocacy component of Aboriginal Business Canada. In addition, Industry Canada's Community Access Program invested funding into three remote Northern communities to assist in bringing new economic development opportunities through access to the Internet and the information highway.

This funding was invested in a diverse range of industrial sectors in the region, with a significant investment being made in the area of telecommunications research and infrastructure development.

The drop in funded activity noted during the year is the result of a national moratorium on new proposals which was in place for most of 1995- 1996. Demand simply exceeded resources available and funds were fully committed early in the year. Aboriginal Business Canada resumed accepting proposals on April 1, 1996, introducing specific strategic priorities at the same time.

Environment Canada and the Canadian Environmental Assessment Agency

Environment Canada and the Canadian Environmental Assessment Agency share the federal obligations relating to the implementation of measures for the protection of the environment and the social conditions, as provided in sections 22, 23 and 24 of the JBNQA.

Environment Canada

Environment Canada, Quebec region, contributed to the implementation of the measures for the protection of the environment and social conditions provided for in the Agreement by making appointments or providing representatives to various multipartite committees. The Department was represented on the James Bay Advisory Committee on the Environment, the Kativik Environmental Advisory Committee and the Hunting, Fishing and Trapping Co-ordinating Committee.

Environment Canada's involvement in the conservation of the Northern populations of the Canada goose intensified. Following a departmental tour of Cree communities in the winter of 1996, the communities undertook to document the harvest of geese in the spring and fall of 1996. The communities were provided with funds to conduct this study and to ensure their participation, and that of the Inuit, on the Atlantic Flyway Council. This standing international committee on the management of game birds is concerned with protecting the goose population, which is subject to subsistence hunting.

In the 1995-1996 fiscal year, Environment Canada spent $70,000 in relation to the implementation of the JBNQA, including $55,000 in connection with the conservation of the Canada goose.

Northern geese
Environment Canada takes annually inventory of the
breeding grounds of the Northern geese in co-operation
with representatives of the Cree and the Inuit communities.

The Canadian Environmental Assessment Agency

With regard to sections 22 and 23, the Agency assisted the federal administrator, the local administrators and the various committees established under the JBNQA.

For the 1995-1996 fiscal year, expenditures by the Agency amounted to $118,898. This includes a federal contribution to the Government of Quebec for the joint financing of the secretariats of the James Bay Advisory Committee on the Environment and the Kativik Environmental Advisory Committee. It also includes spending related to the activities of the Environmental and Social Impact Review Panel (COFEX-South), the Evaluating Committee (COMEV) and the administration of the JBNQA.

Justice Canada

The Aboriginal Justice Initiative of the federal Department of Justice ended its mandate March 31, 1996. Since that time, the government has approved a more focused implementation strategy for improvements to the administration of Justice for Aboriginal people. It covers the period April 1, 1996 to March 31, 2001.

Under the previous initiative, the Department granted $40,000 to the Grand Council of the Crees (of Quebec) during the 1995-1996 fiscal year. The funds were provided to the Grand Council to undertake research on crime, community consultations to validate the research findings, and to define and plan communitybased justice projects.

Agriculture and Agri-Food Canada

Agriculture and Agri-Food Canada (AAC) is active among the Aboriginal communities of Northern Quebec in connection with the federal certification required by any establishment that wishes to export its production, in whole or in part, outside Quebec.

Since November 1996, a veterinarian from the Department's Food Production and Inspection Branch has been posted to Nunavik to supervise the operations of a slaughterhouse and caribou-meat processing plant. The Ipushin Intercontinental Trading Company Ltd. in Inukjuak operates a processing plant under federal inspection. Departmental certification gives it access to Canadian and international markets.

The AAC is studying the possibility of certifying the slaughter and caribou meat processing facilities of another company, Nunavik Arctic Foods Inc. That company, with the active support of the Makivik Corporation, has applied for certification for four establishments located around Ungava Bay. Their operations could begin in January 1997.

Caribou cutting room
At Inukjuak, the plant of the Ipushin intercontinental
trading Company Ltd., a former weather station
transformed into a caribou cutting room meeting
federal inspection standards.

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