Allkem's James Bay project is right on the edge of territory that is subject to the
James Bay and Northern Quebec Agreement. This is a treaty based on a land claim negotiated between the major Canadian indigenous tribes, primarily Cree and Inuit, and the Quebec government. It came about after the Quebec government left the indigenous tribes of the area out of any discussions surrounding hydro-electric projects in the last century, even though they had been obligated to consult with them via previous treaties. The areas comprise the best Quebec hunting and fishing land used by the Cree and Inuit.
You will see this treaty referred to on page 11 of the PMT presentation but the map is tiny. I found a bigger copy of the map (if anyone wants an even bigger resolution image then let me know). I have very roughly mapped the location of Allkem's James Bay project (in yellow highlighter) and our Corvette project (green highlighter). Obviously the highlights are too big and should just be dots. But you can see how Corvette, while in the general agreement area (like most of the James Bay projects), is many miles away from any issues relating to categories 1 and 2, while Allkem would have known that they had a lengthy process ahead of them.
Note that much of this is based on my assumptions and should not be taken as advice.
In the above map, the dark red areas signify Category 1 locations while the lighter red areas indicate Category 2 locations. All remaining land (which Corvette inhabits) is Category 3. The categories are intended to be used as follows (info direct from Wikipedia):
- The traditional lands of the signatories are divided into three categories (I added more detail on the categories at the very bottom of this post). Note that even for categories 1 and 2, all subsurface and mineral rights still belong to the Quebec Government although they must consult on these, and in the case of Category 1, the government needs permission and must pay compensation:
- Category I: Lands reserved exclusively for the use of Inuit and Cree beneficiaries.
- Category II: Lands owned by theCrown-in-right-of-Quebec, but in which hunting, fishing and trapping rights are reserved for Indigenous peoples and over which forestry, mining and tourism development authority is shared.
- Category III: Lands in which some specific hunting and harvesting rights are reserved for Indigenous peoples, but all other rights are shared subject to a joint regulatory scheme.
- Section 7 of the James Bay and Northern Quebec Agreement states that northern Quebec, above the 55th parallel, belongs to the Inuit. This land is split into three categories, Category I lands, roughly 14,000 square kilometers, Category II lands, 150,929 square kilometers, and Category III lands, 908,000, nearly 60% of Quebec.
I marked the two projects after consulting several maps. In the end, I used a map (page 4) from our own PMT presentation to find the James Bay and the Corvette locations:
Category I – The title to the Category I lands was transferred to the Inuit Community Corporations (now known as The Landholding Corporations) for Inuit community purposes. Each community was given about 243 square miles. Though category I lands are owned by the Inuit communities of Nunavik, the subsurface and the minerals rights are still owned by the Quebec government, though they cannot extract minerals in the subsurface without permission of the local village and without compensation. Category I lands cannot be sold or given up except to the Crown in the right of Quebec.Note* At no time may the total area of Category I land be greater than 3,130 squares miles without the consent of Quebec, or be less than 3,130 square miles without the consent of Inuit.
Category II – Category II lands belong to the Government of Quebec, but the Inuit have exclusive hunting, fishing and trapping rights. Category II can be taken away by Quebec for the purpose of development but only with consent and compensation for the nearest village.
Category III – Category III lands are everything not in Category I or Category II lands. Category III lands are owned by Quebec, and the government of Quebec can authorize development projects without consulting the nearby communities and Landholding Corporations. Category III lands are a joint use area for Inuit and non-Inuit in matters of access, as well as for hunting, fishing and trapping activities.
(20min delay)