Kitsumkalum Agreement-in-Principle
Devolution of Cultural Property
36.
In paragraphs 37 to 40, “cultural property” means:
a)
ceremonial regalia and similar personal property associated with a Kitsumkalum chief or
clan; and
b)
other personal property which has cultural significance to Kitsumkalum.
37.
Kitsumkalum may make laws for the devolution of cultural property of a Kitsumkalum Member
who dies without a valid will.
38.
Kitsumkalum Law under paragraph 37 prevails to the extent of a Conflict with Federal Law or
Provincial Law.
39.
Kitsumkalum has standing in any judicial proceeding in which:
a)
the validity of a will of a Kitsumkalum Member; or
b)
the devolution of cultural property of a Kitsumkalum Member,
is at issue, including any proceedings under wills variation legislation.
40.
Kitsumkalum may commence an action under Provincial wills variation legislation with respect
to cultural property addressed by the will of a Kitsumkalum Member that provides for a
devolution of cultural property.
41.
In proceedings to which paragraphs 39 or 40 applies, a court will consider, among other matters,
any evidence and representations in respect of Kitsumkalum Law and customs relating to the
devolution of cultural property.
42.
The participation of Kitsumkalum in proceedings pursuant to paragraphs 39 or 40 will be in
accordance with the applicable Rules of Court and will not affect the court's ability to control its
process.
Kitsumkalum Assets
43.
The Kitsumkalum Government may make laws in respect of the use, possession, disposition and
management of assets of Kitsumkalum, a Kitsumkalum Corporation or a Kitsumkalum Public
Institution located:
a)
on Kitsumkalum Lands; and
b)
off Kitsumkalum Lands
44.
Kitsumkalum Law under subparagraph 43.a) prevails to the extent of a Conflict with Federal
Law or Provincial Law.
45.
Federal Law or Provincial Law prevails to the extent of a Conflict with Kitsumkalum Law
under subparagraph 43.b).
46.
For greater certainty, the law making authority under paragraph 43 does not include authority to
make laws regarding creditors’ rights and remedies.
Peace, Order, and Public Safety
47.
The Kitsumkalum Government may make laws in respect of the regulation, control or
prohibition of any actions, activities or undertakings on Kitsumkalum Lands that constitute, or
Page 94 of 140