Common use of OVERALL ASSESSMENT Clause in Contracts

OVERALL ASSESSMENT. The stakeholders are generally satisfied with the Agreement. For the more general questions on the Agreement’s implementation, the majority of Cree and non-Cree stakeholders recognized the efforts made by all and stressed the parties’ goodwill. They defined this common will as a positive aspect making it possible to gradually build a relationship of trust and, ultimately, a viable partnership. Most are satisfied with the new opportunities for meeting and discussion created by the Agreement and see them as an opportunity to explain their viewpoint and understand that of the other party. The tallymen also appreciate their increased involvement in the forestry planning process. JWG members feel that they contribute positively to the Agreement’s implementation and TSFMA holders stress primarily the advantage of operating under a clear regime with clear mechanisms. The stakeholders’ general comments lead us to believe that the parties are committed, via the “Paix des braves”, to a collaborative learning process focussing on the search for “win-win” solutions. However, in response to more specific questions on the adapted forestry regime’s particular modalities, stakeholders voiced some dissatisfaction and hope for improvement. For example, some tallymen said they have observed no change yet in means of operating in the Territory. JWG members are unhappy about their lack of training in forestry techniques on one side and Cree culture on the other side. And, TSFMA holders complain about the very rigid normative context, which makes planning more complex and leaves little room for initiatives to harmonize silvicultural practices, and cite increased operating costs and decreased allowable cut since the Agreement was signed. These comments are not necessarily contradictory but rather the expression of stakeholders’ high expectations for the Agreement. It seems that while they do not question the Agreement’s validity, they hope to see its application improve on an ongoing basis. Criticism also pointed to the fact that stakeholders want to be part of the solution, which certainly augurs well. TSFMA holders nuanced this statement, pointing out that the parties did not really listen to them and that they had not been involved at all in designing the initial adapted forestry regime. In future, they consider it almost utopian to think that they will eventually contribute to the Agreement’s evolution but they continue to hope.