TS'KW'AYLAXW FIRST NATION
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA
(collectively, the "Parties")
The Constitution Act. 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada. Such treaty rights include rights that now exist by way of land claims agreements or those that may be so acquired.
Ts'kw'aylaxw assert that they govern themselves and have always governed themselves within their traditional territory.
Canada will carry out negotiations with Ts'kw'aylaxw from the perspective of Canada's Inherent Right Policy under which Canada recognizes that the inherent right to self- government is an existing aboriginal right within the meaning of section 35 of the Constitution Act. 1982.
British Columbia will carry out negotiations with Ts'kw'aylaxw from the perspective that the Government of British Columbia politically recognizes the inherent right of self-government.
The Parties are committed to conducting the negotiations in accordance with a "government-to-government" relationship, within the framework of the Constitution of Canada and under the British Columbia Treaty Commission process, and Canada is committed to negotiating self-government under its Inherent Right Policy. For greater certainty, Canada's Inherent Right Policy shall not limit or restrict the positions the other Parties may take on self-government.
The Parties have met the requirements established by the Treaty Commission to commence Framework negotiations.
The Framework Stage provides the opportunity for all Parties to gain a preliminary understanding of all the interests, issues and concerns each Party will bring to the negotiations that will follow.
By negotiating a treaty, the Parties seek to achieve clarity with respect to the future relationship among them, including each Party's authority and jurisdiction as well as the future rights to ownership and use of land and resources It is hoped by all Parties that this future relationship will enable Ts'kw'aylaxw to enhance its social and economic opportunities in re tion to other British Columbian and Canadian communities.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
"BCTC Process" means the six stage negotiation process described in the Report of the British Columbia Claims Task Force dated June 28,1991 and facilitated by the BCTC as the keeper of the Process.
"Chief Negotiator" means the negotiator appointed by each of the Parties for the treaty negotiations contemplated by the BCTC Process.
"Final Agreement" means the agreement formally ratified by the Parties at the end of Stage 5 of the BCTC Process.
"Inherent Right Policy" means the document titled Aboriginal Self-Government: The Government of Canada's Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government 1995).
"Overlap" means a geographic area within the Territory which is claimed by a First Nation other than Ts'kw'aylaxw.
"Territory" means the geographic area identified by Ts'kw'aylaxw as its traditional territory on the map attached to Ts'kw'aylaxw's Statement of Intent filed with the BCTC.
The list is not intended to be restrictive and may be added to by agreement in writing of the Chief negotiators.
The inclusion of a substantive issue in section 5 1 does not commit any of the Parties to conclude an agreement on that issue.
The Parties agree that any substantive issue, or elements of a substantive issue, may require negotiation on a regional or provincial basis.
The Chief Negotiators may agree that any substantive issue, or elements of a substantive issue, may be more appropriately dealt with in a different manner or outside the treaty negotiation process.
The Parties acknowledge that the list of substantive issues may be modified as a result of each Party's consultation and mandate development processes.
The issue of constitutional protection, as it applies to the various subject matters for negotiation, including governance, will be addressed prior to the conclusion of an Agreement-in-Principle.
The Chief Negotiators may, by agreement, establish side tables, consisting of members of the negotiating teams, to explore options for consideration by the main table or to negotiate and make recommendations for consideration by the main table on matters delegated to a side table by the Chief Negotiators.
The Chief Negotiators may, by agreement, establish technical working groups consisting of members of negotiating teams or people with a specialized knowledge of the issue, or both, to conduct joint research and analysis on matters arising at the main table or a side table and develop options for consideration by the main table or the side table, or both.
The results of each negotiation of a substantive issue will be recorded in a sub-agreement and initialled by the Chief Negotiators.
The sub-agreements, which have been initialled may, by agreement of the Chief Negotiators, be reconsidered and amended.
Once all sub-agreements have been initialled, the Chief Negotiators will take the necessary steps to complete a draft Agreement-in-Principle by consolidating all sub-agreements and such other provisions as may be necessary.
The Chief Negotiators will recommend the draft Agreement-in-Principle to their respective Parties for approval.
The Agreement-in-Principle will be concluded upon having been approved and signed by the Parties.
After the Agreement-in-Principle has been concluded the Parties will negotiate, on a timely basis, a Final Agreement based on the Agreement-in-Principle and such other documents as may be required.
The Parties will develop procedures to guide negotiations leading to a Final Agreement.
The Chiefs and Council for Ts'kw'aylaxw are authorized to sign this Agreement on behalf of Ts'kw'aylaxw.
The Minister of Indian Affairs and Northern Development is authorized to sign this Agreement on behalf of Canada.
The Minister of Aboriginal Affairs is authorized to sign this Agreement on behalf of British Columbia.
Prior to or after suspending negotiations, the Parties will, whenever appropriate, seek methods of dispute resolution.
The treaty negotiations and all related documents, except for a Final Agreement that is in effect, are without prejudice to the positions of the Parties in any proceeding before a court or other forum and shall not be construed as admissions of fact or liability.
For greater certainty, clause 14.2 does not determine the enforceability of any agreement which may flow from this Agreement or from an Agreement-in-Principle, or the admissibility of any such agreement in any proceeding to enforce that agreement.
Chief Fed Alec
Community Chief Desmond Peters
Councillor Robert Shintah
Councillor Roland Edwards
Councillor Sharon Edwards
Councillor Dennis Ned
Signed on Behalf of Her Majesty the Queen in Right of Canada
this [26th] day of [August], 1996.
The Honourable Ronald A. Irwin
Minister of Indian Affairs and Northern Development
Signed on Behalf of Her Majesty the Queen in Right of British Columbia
this ____day of _____, 1996.
The Honourable John Cashore
Minister of Aboriginal Affairs