Kitsumkalum Agreement-in-Principle
d)
provisions for the Kitsumkalum Government to provide Community Correctional
Services consistent with the needs and priorities of Kitsumkalum.
149.
The Kitsumkalum Government and British Columbia may enter into agreements to enable the
Kitsumkalum Government to provide rehabilitative community-based programs and
interventions off Kitsumkalum Lands for Kitsumkalum Members charged with, or found guilty
of, an offence under a Federal Law or Provincial Law.
150.
The Final Agreement will not authorize the Kitsumkalum Government to establish or maintain
places of confinement, except for police jails or lockups operated by a police service established
under Provincial Law or as provided for under an agreement referred to in paragraph 147.
151.
The Final Agreement will address matters, including the negotiation of an agreement between
Canada and Kitsumkalum related to Federal correctional facilities and services.
Writ of Execution Against Kitsumkalum
152.
153.
A writ of execution against Kitsumkalum must not be issued without leave of the Supreme
Court of British Columbia, which on application may:
a)
permit its issue at a time and on conditions the court considers proper; or
b)
refuse to permit it to be issued or suspend action under it on terms and conditions the
court thinks proper or expedient.
In determining how it will proceed under paragraph 152, the court must have regard to:
a)
any reputed insolvency of Kitsumkalum;
b)
any security afforded to the person entitled to the judgment by the registration of the
judgment;
c)
the delivery of programs or services by Kitsumkalum that are not provided by
municipalities in British Columbia, and the funding of those programs or services; and
d)
the immunities from seizure of assets of Kitsumkalum as set out in this Agreement.
Kitsumkalum Government Liability
Members of Kitsumkalum Government
154.
No action for damages lies or may be instituted against a member or former member of the
executive or legislative branches of the Kitsumkalum Government for:
a)
anything said or done, or omitted to be said or done, by or on behalf of Kitsumkalum or
the Kitsumkalum Government by somebody other than that member or former member
while he or she is, or was, a member;
b)
any alleged neglect or default in the performance, or intended performance, of a duty, or
the exercise of a power, of Kitsumkalum or the Kitsumkalum Government while that
person is, or was, a member;
c)
anything said or done or omitted to be said or done by that person in the performance, or
intended performance, of the person’s duty or the exercise of the person’s power; or
d)
any alleged neglect or default in the performance, or intended performance, of that
person’s duty or exercise of that person’s power.
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