Kitsumkalum Agreement-in-Principle
PREAMBLE
WHEREAS Section 35 of the Constitution Act, 1982 recognizes and affirms the existing aboriginal and
treaty rights of the aboriginal peoples of Canada and the courts have stated that aboriginal rights
include aboriginal title;
WHEREAS the courts have stated that reconciliation of the prior presence of aboriginal people and the
assertion of sovereignty by the Crown is best achieved through negotiation and agreement rather than
through litigation;
WHEREAS the Parties intend that the Final Agreement will set out the right of Kitsumkalum to
practice the Tsimshian culture and use the Sm’algyx language in a manner consistent with the Final
Agreement;
WHEREAS the Parties intend to negotiate a Final Agreement to provide a basis for this reconciliation
and to provide a basis for a new relationship;
WHEREAS the negotiations of this Agreement have been conducted in an atmosphere of mutual
respect and openness;
WHEREAS the Parties have negotiated this Agreement under the British Columbia treaty process;
WHEREAS the Parties desire certainty in respect of Kitsumkalum ownership and use of lands and
resources, Kitsumkalum law-making authority and the relationship of Federal Law, Provincial Law and
Kitsumkalum Law; and
WHEREAS this Agreement sets out the principles agreed to by the Parties as the basis for negotiating a
Final Agreement;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
Page 5 of 140