Kitsumkalum Agreement-in-Principle
Constitution of Canada
10.
11.
The Final Agreement will not alter the Constitution of Canada, including:
a)
the distribution of powers between Canada and British Columbia;
b)
the identity of Kitsumkalum as aboriginal people of Canada within the meaning of the
Constitution Act, 1982; and
c)
sections 25 and 35 of the Constitution Act, 1982.
The Final Agreement will provide that the Canadian Charter of Rights and Freedoms, including
section 25, applies to the Kitsumkalum Government in respect of all matters within its authority.
Character of Kitsumkalum Lands and Other Kitsumkalum Lands
12.
After the Effective Date, there will be no “Lands reserved for the Indians” within the meaning
of the Constitution Act, 1867 for Kitsumkalum and there will be no Indian Reserves for the use
and benefit of Kitsumkalum and, for greater certainty, Kitsumkalum Lands are not “Lands
reserved for the Indians” within the meaning of the Constitution Act, 1876, and is not an Indian
Reserve.
Application of Federal Law and Provincial Law
13.
Any licence, permit or other authorization to be issued by Canada or British Columbia under the
Final Agreement will be issued under Federal Law or Provincial Law and will not be part of the
Final Agreement, and the Final Agreement will prevail to the extent of any Conflict or
inconsistency with the licence, permit or other authorization.
14.
Federal Law and Provincial Law will apply to Kitsumkalum, Kitsumkalum Members,
Kitsumkalum Institutions, Kitsumkalum Corporations, and on Kitsumkalum Lands.
15.
The Final Agreement will confirm that Federal Settlement Legislation enacted to bring into
effect the Final Agreement will prevail over other Federal Law to the extent of any Conflict, and
Provincial Settlement Legislation enacted to bring into effect the Final Agreement will prevail
over other Provincial Law to the extent of any Conflict.
16.
The Final Agreement will prevail to the extent of any Conflict or inconsistency with a Federal
Law or Provincial Law.
Relationship of Laws
17.
Notwithstanding any other rule of priority in the Final Agreement, if the Kitsumkalum Law has
an incidental impact on, or if one of the aspects of the Kitsumkalum Law is with respect to, a
subject matter over which:
a)
the Kitsumkalum Government will not have law-making authority under the Final
Agreement; or
b)
the Kitsumkalum Government will have law-making authority under the Final
Agreement but for which Federal Law and Provincial Law prevail to the extent of a
conflict,
and if the Kitsumkalum Law is in Conflict with a Federal Law or Provincial Law, then the
Federal Law or Provincial Law will prevail to the extent of the Conflict.
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