The Tangled Web of Sovereignty and Self-Governance: Canada's Obligation to the Cree Nation in Consideration of Quebec's Threats to Secede

Abstract

This article examines the relationship between traditional legal doctrine used in Canada for the protection of the First Nation Indian culture and the Canadian Constitutional Act of 1982,1 in light of the Province of Quebec's repeated promise to become its "own sovereign."'2 Specifically, this article focuses on the legal obligations arising out of the James Bay Northern Quebec Agreement (JBNQA), a tripartite treaty under Canadian law among Canada, the Province of Quebec and the Cree Nation. The JBNQA governs the surrender of land in exchange for self-governance. 3 The treaty requires the three parties to mutually consent to any modification or amendment. 4