Naskapi and the Cree-Naskapi Commission Act

Marginal note:Duties of Commission

• 165 (1) Subject to subsections (2) and (3), the Commission shall

  • (a) with respect to Naskapi beneficiaries, investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act; and

  • (b) with respect to Cree beneficiaries, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, investigate any representation submitted to it relating to the implementation of the Agreement, as defined in subsection 2(1) of that Act and the Cree Constitution, as defined in that subsection, including representations relating to the exercise or non-exercise of a power and the performance or non-performance of a duty under that Agreement or the Cree Constitution.

• Marginal note:Exception

  (2) The Commission shall not investigate or continue to investigate a representation in respect of whose subject-matter judicial proceedings have been commenced.

• Marginal note:Commission’s discretion

  (3) The Commission may refuse to investigate a representation or may discontinue an investigation if it is satisfied

  • (a) that the representation has not been made in good faith;

  • (b) that the person making the representation does not have a sufficient personal interest in the subject-matter of the representation;

  • (c) that, having regard to all the circumstances of the case, an investigation, or the continuation of the investigation, as the case may be, would serve no useful purpose; or

  • (d) that there exists a suitable alternative means by which the representation may be investigated or otherwise pursued.

• Marginal note:Commission to state grounds for refusal

  (4) Where the Commission refuses to investigate a representation or discontinues an investigation, it shall forthwith, in writing, so inform the person who made the representation, stating and explaining on which of the grounds set out in subsection (2) or (3) the Commission’s decision was based.