Kitsumkalum Agreement-in-Principle
but nothing in the Final Agreement prevents Kitsumkalum from establishing a police force in
accordance with Provincial Law. For greater certainty, nothing in paragraph 129 would prevent
Kitsumkalum Members from acquiring, possessing, transporting, carrying or using a firearm or
ammunition under Federal Law and Provincial Law.
130.
If the Kitsumkalum Government appoints officials to enforce Kitsumkalum Law, the
Kitsumkalum Government will:
a)
ensure that any Kitsumkalum enforcement officials are adequately trained to carry out
their duties having regard to recruitment, selection and training standards for other
enforcement officers carrying out similar duties in British Columbia; and
b)
establish and implement procedures for responding to complaints against Kitsumkalum
enforcement officials.
131.
The Parties may negotiate agreements concerning enforcement of Federal Law, Provincial Law
or Kitsumkalum Law in respect of Wildlife and Migratory Birds.
132.
Kitsumkalum Law made under the Wildlife and Migratory Birds Chapters may be enforced by
persons authorized to enforce Federal Law, Provincial Law or Kitsumkalum Law in respect of
Wildlife and Migratory Birds in British Columbia, respectively.
133.
Federal Law or Provincial Law prevails to the extent of a Conflict with Kitsumkalum Law
under paragraph 128.
134.
Kitsumkalum may, by a proceeding brought in Supreme Court of British Columbia, enforce,
prevent or restrain the contravention of a Kitsumkalum Law.
Adjudication of Kitsumkalum Law
135.
The Provincial Court of British Columbia has jurisdiction to hear prosecutions of offences under
Kitsumkalum Law.
136.
The summary conviction proceedings of the Offence Act apply to prosecutions of offences under
Kitsumkalum Law.
137.
The Provincial Court of British Columbia or the Supreme Court of British Columbia, as the case
may be, has jurisdiction to hear legal disputes arising between individuals under Kitsumkalum
Law.
138.
The Kitsumkalum Government is responsible for the prosecution of all matters arising from
Kitsumkalum Law, including appeals, and may carry out this responsibility by:
139.
a)
appointing or retaining individuals to conduct prosecutions and appeals in a manner
consistent with the principle of prosecutorial independence and consistent with the
overall authority and role of the Attorney General in the administration of justice in
British Columbia;
b)
entering into agreements with Canada or British Columbia in respect of the conduct of
prosecutions and appeals; or
c)
both subparagraphs 138(a) and 138(b).
Unless the Parties agree otherwise, British Columbia will pay to the Kitsumkalum Government
any fines collected in respect of a penalty imposed on a person by the Provincial Court of
British Columbia or the Supreme Court of British Columbia as the case may be, for an offence
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