Kitsumkalum Agreement-in-Principle
under a Kitsumkalum Law, on a similar basis as British Columbia makes payments to Canada
for fines collected by British Columbia in respect of an offence under a Federal Law.
140.
The Kitsumkalum Government law-making authority does not include the authority to establish
a court.
141.
The Final Agreement will provide that the Kitsumkalum Government may propose individuals
to the Judicial Council of British Columbia to be recommended for appointment and designation
as judicial justices of the peace.
142.
For the purposes of paragraph 141, the Kitsumkalum Government will:
143.
a)
develop and implement a process, including eligibility criteria, for identifying
candidates; and
b)
on submitting the name of a proposed candidate, disclose to the Judicial Council of
British Columbia the nature and result of the processes referred to in subparagraph
142(a).
The Provincial Court Act will apply in all respects to:
a)
the appointment and designation by the Lieutenant Governor in Council of individuals
recommended by the Judicial Council of British Columbia under paragraph 141; and
b)
judicial justices of the peace appointed and designated by the Lieutenant Governor under
subparagraph 143(a).
144.
Judicial justices of the peace appointed under paragraph 141 will have jurisdiction to adjudicate
offences established under Kitsumkalum Law and such other offences as may be determined by
the Chief Judge of the Provincial Court of British Columbia.
145.
After receiving a written request from the Kitsumkalum Government, the Parties will discuss
and explore options for the establishment of a court, other than a court with inherent jurisdiction
or a federal court, to adjudicate offences and other matters arising under Kitsumkalum Law or
laws of other First Nation Governments in British Columbia.
Community Correctional Services
146.
The Kitsumkalum Government may provide Community Correctional Services for persons
charged with, or found guilty of, an offence under Kitsumkalum Law and to carry out such
other responsibilities as may be set out in an agreement under paragraphs 147 and 149.
147.
At the request of the Kitsumkalum Government, the Kitsumkalum Government and British
Columbia will enter into agreements to provide Community Correctional Services in relation to
persons who fall under the jurisdiction of British Columbia on Kitsumkalum Lands for persons
charged with, or found guilty of, an offence under a Federal Law or Provincial Law.
148.
Any agreements under paragraph 147 will address:
a)
recruitment and selection standards for individuals appointed by the Kitsumkalum
Government to provide community correctional services;
b)
adherence to provincial operational policy, including training standards;
c)
confirmation of the authority of the official charged with the responsibility for
investigations, inspections and standards of corrections and youth justice services under
Provincial Law; and
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