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Bill C-70 · 42th Parliament · Justin Trudeau

An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts

Government bill. Became law.

Indigenous rights

  1. IntroducedFeb. 14, 2018
  2. Debated in principleFeb. 15, 2018
  3. Studied by a committeeDone
  4. Passed its first chamberFeb. 15, 2018
  5. Passed the second chamberMarch 27, 2018
  6. Became lawMarch 28, 2018

Leading supporters

Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.

  1. Justin TrudeauPrime Minister

Who carries this bill

Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.

What it set out to do

The Library of Parliament does not prepare Legislative Summaries for bills that implement treaties, conventions, agreements or administrative arrangements bills. The following is a short summary: On 14 February 2018, the Minister of Crown-Indigenous Relations and Northern Affairs introduced Bill C-70, An Act to give effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada, to amend the Cree-Naskapi (of Quebec) Act and to make related and consequential amendments to other Acts, in the House of Commons and it was given first reading. Bill C-70 gives effect to the Agreement on Cree Nation Governance between the Crees of Eeyou Istchee and the Government of Canada. It amends the Cree-Naskapi (of Quebec) Act to reduce the administrative burden related to the internal governance of the Naskapi, to ensure that the Act no longer applies to the Crees of Eeyou Istchee and to make changes to certain aspects of the mandate of the Cree-Naskapi Commission to take into account the Agreement. It also makes related and consequential amendments to other Acts.

Summary by the Library of Parliament.

Where members stand

Votes and debate for this bill have not been read yet.

How it changed on the way

58% of the text as introduced was changed or removed by the time it became law (34,557 words introduced, 17,199 passed).

substantial changeintent mostly kept

The bill kept its core purpose of implementing the Cree governance agreement and narrowing the Cree-Naskapi Act to Naskapi matters only, but 58% of the text was revised to remove Cree references and update Naskapi provisions. Key alterations included renaming the Act, rewriting the preamble and definitions, and adding or replacing clauses on band powers, borrowing, and land rights.

  • The short title and long title were changed to drop all Cree references and focus solely on Naskapi governance.
    Before: “An Act respecting certain provisions of the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement relating principally to Cree and Naskapi local government and to the land regime governing Category IA and Category IA-N land”
    After: “An Act respecting certain provisions of the Northeastern Quebec Agreement relating principally to Naskapi local government and to the land regime governing Category IA-N land and respecting the Cree-Naskapi Commission”
  • The preamble was replaced to eliminate references to the James Bay and Northern Quebec Agreement and Cree bands.
    Before: “WHEREAS the Government of Canada is obligated, pursuant to section 9 of the James Bay and Northern Quebec Agreement and section 7 of the Northeastern Quebec Agreement, to recommend to Parliament special legislation to provide for an orderly and efficient system of Cree and Naskapi local government, for the administration, management and control of Category IA and Category IA-N land by the Cree and Naskapi bands respectively, and for the protection of certain individual and collective rights under the said Agreements;”
    After: “Whereas the Government of Canada is obligated, pursuant to section 7 of the Northeastern Quebec Agreement, to recommend to Parliament special legislation to provide for an orderly and efficient system of Naskapi local government, for the administration, management and control of Category IA-N land by the Naskapi band, and for the protection of certain individual and collective rights under the said agreement;”
  • Definitions were amended to remove Cree terms and add Naskapi-specific ones while updating land categories.
    Before: “Agreements means the James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement;”
    After: “band or Naskapi band means the Naskapi Nation of Kawawachikamach referred to in section 14;”
  • New clauses were added on long-term borrowing approval, contract by-laws, and land compensation rules for the Naskapi band.
    After: “A by-law made under subsection (1) authorizing long-term borrowing, other than for housing purposes, must be approved by the electors of the band at a special band meeting or referendum at which at least 20% of the electors voted on the matter.”

How precisely it is written

62VaguePrecise

mixedChallenging the law: ModerateDisputing a charge: Moderate

The bill mixes tightly defined terms, fixed dollar amounts, exact percentages and cross-references to the Agreement with several subjective phrases and open-ended regulation-making power. This produces a patchwork where some rules are settled quickly while others invite argument over meaning or scope.

Open to argument

  • “the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Agreement”
    Subjective standard tied to the Governor in Council’s own view rather than an objective test.
  • “in the opinion of the expropriating authority, of direct benefit to the members of the band”
    Relies on the authority’s personal assessment instead of measurable criteria.
  • “significantly alter the demographic composition of the community”
    Undefined term 'significantly' leaves the threshold open to prolonged dispute.

Clear-cut

  • “liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months or to both”
    Exact monetary and temporal limits remove interpretive range.
  • “at least 25% of the electors voted on the matter”
    Numerical threshold supplies a clear, verifiable test.
  • “having so cohabited for a period of at least one year”
    Fixed time period creates an objective bright line.

Discretion. Section 25 leaves the Governor in Council free to issue any orders or regulations it views as necessary to implement the Agreement, and several provisions delegate further rule-making to bands or the Minister.

Challenging the law itself. Phrases such as 'considers necessary' and 'in the opinion of' could support a vagueness or overbreadth argument under section 7 of the Charter, though the many defined terms and numeric limits narrow the target.

Disputing a charge under it. Specific fines, imprisonment caps and voting percentages make it straightforward to prove or disprove most breaches, but the subjective 'opinion' and 'significantly alter' language opens room for factual disputes.

Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.

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    Stages and dates from LEGISinfo.