Kitsumkalum Agreement-in-Principle
CHAPTER 2 - GENERAL PROVISIONS
Nature of this Agreement
1.
The Parties acknowledge and agree that this Agreement and any of its provisions are not legally
binding on any of the Parties and are without prejudice to the respective legal positions of the
Parties before the Effective Date and neither this Agreement nor any related communications
over the course of these negotiations will be used against any of the Parties in any court
proceeding or any other forum, including international fora, or be construed as creating,
abrogating, negating, denying, recognizing, defining, or amending any rights or obligations of
any of the Parties except as expressly provided for in the Final Agreement only upon the
Effective Date.
2.
Based upon this Agreement, the Parties will begin as soon as practicable to negotiate a Final
Agreement.
3.
Before the conclusion of a Final Agreement, the Parties will address fisheries matters and make
changes to any other parts of the Final Agreement, including the certainty provisions, that may
be affected, and the Final Agreement will reflect the agreement of the Parties.
Nature of the Final Agreement
4.
The Final Agreement, once ratified by the Parties, will be legally binding and can be relied on
by all Parties and all persons.
5.
Upon ratification of the Final Agreement by the Parties, the Final Agreement will be a treaty
and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act,
1982.
6.
Canada and British Columbia will recommend to Parliament and the Legislature, respectively,
Settlement Legislation to bring into effect the Final Agreement.
7.
Ratification of the Final Agreement by the Parties in accordance with the Ratification Chapter is
a condition precedent to the validity of the Final Agreement and, unless so ratified, the Final
Agreement is of no force or effect.
Assurances
8.
Kitsumkalum will represent and warrant to Canada and British Columbia in the Final
Agreement that, in respect of the matters dealt with in the Final Agreement, it has the authority
to enter into the Final Agreement on behalf of all persons who through Kitsumkalum have or
may exercise any aboriginal rights, including aboriginal title, in Canada, or who may make any
claims to such rights.
9.
Canada and British Columbia represent and warrant to Kitsumkalum that, in relation to the
matters dealt with in the Final Agreement, they have the authority to enter into the Final
Agreement within their respective authorities.
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