The Grand Council of the Crees

Agreement Respecting Disputes and a Dispute Resolution Committee

Agreement Respecting Disputes and a Dispute Resolution Committee

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AGREEMENT RESPECTING DISPUTES

AND A DISPUTE RESOLUTION COMMITTEE

BY AND BETWEEN: The Grand Council of the Crees (Eeyou Istchee), a corporation duly incorporated, herein acting and represented by Dr. Ted Moses, its Grand Chief, duly authorized to execute this agreement;

(hereinafter referred to as the GCC(EI))

and

The Cree Regional Authority, a public corporation duly constituted under the Revised Statutes of Québec, c. A-6.1, herein acting and represented by Dr. Ted Moses, its Chairman, duly authorized to execute this agreement;

(hereinafter referred to as the CRA)

Parties of the First Part

and

Hydro-Québec, a corporation duly incorporated under the Hydro-Québec Act, R.S.Q., c. H-5, with its head office in Montréal, herein acting and represented by Mr. André Caillé, its President and Chief Executive Officer, duly authorized to execute this Agreement;

(hereinafter referred to as HQ)

and

The Société d'énergie de la Baie James, a corporation duly incorporated with its head office in Montréal, herein acting and represented by Mr. Elie Saheb, its President and Chief Executive Officer, duly authorized to execute this Agreement.

(hereinafter referred to as SEBJ)

Parties of the Second Part

WHEREAS an Agreement entitled Agreement concerning a New Relationship between the Government of Québec and the Crees of Québec has been executed.

WHEREAS provision is made in that Agreement inter alia for certain hydroelectric projects and a process to resolve the legal proceedings opposing the Crees, HQ and the SEBJ and to resolve the fulfilment of certain past undertakings of HQ and SEBJ.

WHEREAS the parties hereto have executed certain agreements contemporaneously with this Agreement, including the Mercury Agreement (2001), the Cree Employment Agreement, the Nadoshtin Agreement and the Boumhounan Agreement.

THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:

1. A GCC(EI)-CRA/HQ-SEBJ Dispute Resolution Committee is hereby constituted.

2. The Committee shall consist of seven (7) persons, three (3) of whom shall be selected by the GCC(EI)/CRA and three (3) of whom shall be selected by HQ/SEBJ. The seventh person, who shall be a mediator, shall be selected jointly by the GCC(EI)/CRA on the one hand and by HQ/SEBJ on the other hand.

3. The Committee may be expanded by the parties, provided there remains equal representation of the GCC(EI)/CRA on the one hand and of HQ/SEBJ on the other hand.

4. The Committee shall meet regularly, commencing within two (2) months of the execution of this Agreement.

5. The mandate of the Committee shall be to attempt to resolve all outstanding disputes between the GCC(EI), the CRA, the Crees of Québec and the Cree communities on the one hand and HQ and SEBJ on the other hand, subject to sections 7 and 8 hereof.

6. For greater certainty, the outstanding disputes shall include all the unresolved issues relating to HQ and SEBJ in the Coon Come #1 and Coon Come #2 legal proceedings referred to in Chapter 9 of the Agreement concerning a New Relationship between the Government of Québec and the Crees of Québec.

7. The initial mandate of the Committee shall be to identify the outstanding disputes with the best prospects of resolution through the dispute resolution process contemplated by this Agreement.

8. Upon the elaboration of a list of the disputes referred in section 7, the Committee shall address the disputes on such list in priority and before attempting to resolve the other disputes contemplated by sections 5 and 6.

9. The Coon Come #1 and Coon Come #2 legal proceedings shall be suspended as against HQ and SEBJ in order to facilitate the resolution of the issues in those proceedings through the GCC(EI)-CRA/HQ-SEBJ Dispute Resolution Committee. Such suspension shall continue until the earlier of six (6) months after the date on which notice is given by one party to the other to terminate such suspension or March 31, 2005.

10. HQ/SEBJ accept the suspension of the legal proceedings as contemplated by section 9 hereof.

11. The parties agree that prescription of any right, claim or matter which is the subject of any dispute shall be interrupted and be renounced from the date of the execution of this Agreement until the Committee declares the mediation process to be at an end or until March 31, 2005, whichever is the earlier.

12. The Cree parties may resume the Coon Come #1 and Coon Come #2 proceedings on April 1, 2005 in regard to any dispute not resolved by the GCC(EI)/HQ Dispute Resolution Committee by March 31, 2005, or earlier upon notice of six (6) months by one party to the other.

13. The parties may at any time at their discretion confer upon the mediator the powers, authority and jurisdiction of an arbitrator and amiable compositeur within the meaning of, and as set out in, the Civil Code of Québec and the Code of Civil Procedure of Québec.

14. The parties shall bear equally the fees and expenses of the mediator and any arbitrator.

15. Upon the execution of this Agreement, each of the parties of the First Part and the Second Part shall furnish to the other party a list of between five (5) to seven (7) potential mediators and the parties shall endeavour to choose a mediator from such lists.

If no mediator on the two (2) lists is jointly acceptable, the parties shall furnish up to two (2) other lists of different candidates and endeavour to choose a jointly acceptable mediator from such lists.

If the parties cannot agree upon a mediator within three (3) months of the execution of this Agreement, the mediator shall be chosen by a Justice of the Superior Court upon application by any party.

16. This agreement shall come into force on the date of its execution.

IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the date and at the place hereinbelow indicated.

SIGNED AT Waskaganish, Québec, this 7th day of February, 2002

GRAND COUNCIL OF THE CREES / HYDRO-Québec (HQ)

(EEYOU ISTCHEE) (GCC(EI))

 

Per:__________________________ Per: __________________________

 

CREE REGIONAL AUTHORITY (CRA)?LA SOCI?T? D??NERGIE DE LA

BAIE JAMES (SEBJ)

 

Per:__________________________ Per: _________________________