The Grand Council of the Crees

The Honorable Richard Nadeau Rendered a Judgment

The Honorable Richard Nadeau Rendered a Judgment on July 10, 2001 in the Lord, Kitchen and Moses Proceedings

Posted: 2001-07-10

The main points in the Judge's decision were as follows:

1.The "Kitchen Case" against the construction of the Abitibi Consolidated ("Donahue") Forestry Road is suspended, as is the "Moses Case" against Quebec Law 105, which approves the long term cutting plans of the forestry companies. These are suspended until the main case (referred to as the "Lord Case") is dealt with in the court. The Lord Case is where Cree rights in respect to forestry are the issue and the Judge believes that certain questions in the Moses and Kitchen cases should first be answered in the Lord Case.

2.All of the procedural motions of the Forestry companies and of Quebec and Canada are suspended and their motion to join all of the proceedings into one case is rejected.

3.The issue of Cree rights in respect to forestry is to be dealt with first in the Lord Case.

4.Once the Cree rights are clarified, the court will deal with the issue of past damages.

5.The judge established a schedule for the submission of court documents and said that the pleadings on the Lord Case would begin in January 2002.

This judgment is along the same lines as the suggestion of Justice Grenier early this year, who was initially appointed to the case.

In coming to his decision, Justice Nadeau explained that he was attempting to find a way of proceeding that would respect the rights of all the parties to fully plead their case, while considering their rights not to have legal proceedings drag on indefinitely, to the detriment of the judicial system and with great human and financial costs.

Judge Nadeau's decision is consistent with the wishes of the Cree people as expressed in the community consultations on this matter.