Kitsumkalum Agreement-in-Principle
18.
Notwithstanding any other rule of priority in the Final Agreement, Federal Law in relation to
peace, order and good government, criminal law, human rights, and the protection of the health
and safety of all Canadians, or other matters of overriding national importance will prevail in
the event of any Conflict with Kitsumkalum Law.
19.
Canada will recommend to Parliament that Federal Settlement Legislation enacted to bring into
effect the Final Agreement make Provincial Law apply to Kitsumkalum, Kitsumkalum
Institutions, Kitsumkalum Members, Kitsumkalum Lands and other Kitsumkalum lands if those
Provincial Laws do not apply of their own force.
20.
Unless otherwise provided in the Final Agreement, Kitsumkalum Law will not apply to Canada
or British Columbia.
21.
Any Kitsumkalum Law that is inconsistent or in Conflict with the Final Agreement will be of no
force or effect to the extent of the inconsistency or Conflict.
22.
The Final Agreement will provide for the consistency of Kitsumkalum Law and other exercises
of power with Canada’s international legal obligations.
23.
For greater certainty, Kitsumkalum law-making authorities set out in the Final Agreement do
not extend to criminal law and procedure, Intellectual Property, official languages of Canada,
aeronautics, navigation, shipping, and labour relations and working conditions.
Application of the Indian Act
24.
Except for the purposes of determining whether an individual is an Indian, and subject to the
Indian Act Transition and the Taxation Chapters, the Indian Act will have no application to
Kitsumkalum, Kitsumkalum Members, Kitsumkalum Institutions or Kitsumkalum Lands as of
the Effective Date.
Other Rights, Benefits and Programs
25.
The Final Agreement will not affect the ability of Kitsumkalum Members to enjoy rights and
benefits for which they would be eligible as Canadian citizens or permanent residents of
Canada.
26.
Subject to paragraph 27, nothing in the Final Agreement will affect the ability of Kitsumkalum,
Kitsumkalum Institutions or Kitsumkalum Members to participate in, or benefit from, federal or
provincial programs for aboriginal people, registered Indians or other Indians, in accordance
with general criteria established for those programs from time to time.
27.
Kitsumkalum Members will be eligible to participate in programs established by Canada or
British Columbia and to receive public services from Canada or British Columbia, in
accordance with general criteria established for those programs or services from time to time, to
the extent that Kitsumkalum has not assumed responsibility for those programs or public
services under the Fiscal Financing Agreement.
Court Decisions
28.
If a superior court of a province, the Federal Court of Canada, or the Supreme Court of Canada
finally determines any provision of the Final Agreement is invalid or unenforceable:
a)
the Parties will make best efforts to amend the Final Agreement to remedy or replace the
provision; and
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