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Cree Nation of Eeyou Istchee Governance Agreement Act (S.C. 2018, c. 4, s. 1)

Act current to 2022-08-08

General (continued)

Marginal note:Notice to Cree First Nation

  •  (1) If an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of a provision of a Cree First Nation law, then the issue must not be decided until the party raising the issue has served notice on the Cree First Nation.

  • Marginal note:Notice to Cree Nation Government

    (2) If an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of the Agreement, the James Bay and Northern Quebec Agreement, this Act or a Cree Nation Government law, then the issue must not be decided until the party raising the issue has served notice on the Cree Nation Government.

  • Marginal note:Content and timing

    (3) The notice must clearly state the contentions the person intends to assert and the grounds on which they are based and be served at least 30 days before the case is ready for trial. The notice must be accompanied by all pleadings already filed in the record.

  • Marginal note:Participation in proceedings

    (4) The Cree First Nation or the Cree Nation Government, as the case may be, becomes a party to the proceeding without further formality and may submit conclusions to the court or tribunal, in which case the court or tribunal must rule on them.

  • Marginal note:Waiver

    (5) Only the Cree First Nation or the Cree Nation Government, as the case may be, may waive the notice period referred to in subsection (3).

Marginal note:Inuit of Chisasibi

  •  (1) For any period during which the council of the Cree Nation of Chisasibi does not include an Inuk of Chisasibi, the Inuit of Chisasibi are entitled to have one Inuk of Chisasibi present as an observer at meetings of that council.

  • Marginal note:Regulations – Inuk observer

    (2) The Governor in Council may make regulations respecting the manner of selection and term and tenure of the Inuk observer referred to in subsection (1).

  • Marginal note:Rights of Inuk observer

    (3) The Inuk observer referred to in subsection (1) shall be notified of, and has the right to attend, all council meetings, and has the right to participate in the deliberations of the council, as if he or she were a council member, but he or she does not have the right to vote.

Marginal note:Orders and regulations

 The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Agreement.

 
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