Kitsumkalum Agreement-in-Principle
b)
the provision will be severable from the Final Agreement to the extent of the invalidity
or unenforceability, and the remainder of the Final Agreement will be construed, to the
extent possible, to give effect to the intent of the Parties.
29.
No Party will challenge, or support a challenge to, the validity of any provision of the Final
Agreement.
30.
A breach of the Final Agreement by a Party does not relieve any Party from its obligations
under the Final Agreement.
Certainty
Full and Final Settlement
31.
The Final Agreement will constitute the full and final settlement in respect of any aboriginal
rights, including aboriginal title, in Canada that Kitsumkalum may have.
Exhaustively Set Out Rights
32.
The Final Agreement will exhaustively set out Kitsumkalum Section 35 Rights, the attributes
and the geographic extent of those rights, and the limitations to those rights, to which the Parties
have agreed, and those rights will be:
a)
any aboriginal rights, including aboriginal title, modified as a result of the Final
Agreement and the Settlement Legislation, of Kitsumkalum in and to its Kitsumkalum
Lands and other lands and resources in Canada;
b)
the jurisdictions, authorities and rights of Kitsumkalum and the Kitsumkalum
Government; and,
c)
the other Kitsumkalum Section 35 Rights.
Modification and Continuation
33.
Notwithstanding the common law, as a result of the Final Agreement and the Settlement
Legislation, any aboriginal rights, including any aboriginal title, of Kitsumkalum, as they may
have existed anywhere in Canada before the Effective Date, including the attributes and
geographic extent of those rights, are modified, and continue as modified, as set out in the Final
Agreement.
34.
For greater certainty, any aboriginal title of Kitsumkalum anywhere that it may have existed in
Canada before the Effective Date, including its attributes and geographic extent will be
modified and continue as the estates in fee simple to those areas identified in the Final
Agreement as Kitsumkalum Lands.
Purpose of Modification
35.
The purpose of the modification referred to in paragraph 32, will be to ensure that as of the
Effective Date:
a)
Kitsumkalum has, and can exercise, its Kitsumkalum Section 35 Rights set out in the
Final Agreement, including the attributes and geographic extent of those rights, and the
limitations to those rights, to which the Parties have agreed;
b)
Canada, British Columbia and all other persons can exercise their rights, authorities,
jurisdictions and privileges in a manner consistent with the Final Agreement; and
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