Ts'kw'aylaxw First Nation Framework Agreement

This Agreement dated for reference and effective as of July 17, 1996.

AMONG:

TS'KW'AYLAXW FIRST NATION
("Ts'kw'aylaxw")

HER MAJESTY THE QUEEN IN RIGHT OF CANADA
("Canada")

AND:

HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA
("British Columbia")

(collectively, the "Parties")

WHEREAS:

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:

  1. DEFINITIONS
  2. 1.1
    "Agreement-in-Principle" means the agreement approved and signed by the Parties at the end of Stage 4 of the BCTC Process which will be comprised of various sub-agreements and other provisions as agreed to by the Parties. The Agreement-in-Principle is not intended to be a treaty or land claims agreement within the meaning of sections 25 and 35 of the Constitution Act. 1982.

    1.2
    "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.

    1.3
    "Chief Negotiator" means the negotiator appointed by each of the Parties for the treaty negotiations contemplated by the BCTC Process.

    1.4
    "Final Agreement" means the agreement formally ratified by the Parties at the end of Stage 5 of the BCTC Process.

    1.5
    "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).

    1.6
    "Overlap" means a geographic area within the Territory which is claimed by a First Nation other than Ts'kw'aylaxw.

    1.7
    "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.

  3. PURPOSE
  4. 2.1
    The purpose of this Agreement is to guide the conduct of negotiations among the Parties and to set forth the substantive issues, process and timing to complete the Agreement-in-Principle Stage of the BCTC Process leading to the completion of a Final Agreement.

  5. SCHEDULING AND TIMING
  6. 3.1
    Following the signing of this Agreement, the Parties will agree on the length of time that it should take to complete the Agreement-in-Principle Stage of the BCTC Process.

  7. PARTIES TO NEGOTIATIONS AND AGREEMENTS
  8. 4.1
    The only Parties to the negotiations and resulting agreements, including the Agreement-in-Principle, will be Ts'kw'aylaxw, Canada and British Columbia.

  9. SUBSTANTIVE ISSUES FOR NEGOTIATION
  10. 5.1
    The following is a list of substantive issues that the Parties intend to address during the negotiation of an Agreement-in-Principle:
    - Access
    - Airspace
    - Amendment procedures
    - Certainty and Finality
    - Culture and Heritage
    - Dispute resolution
    - Eligibility and enrolment
    - Environmental assessment, protection, management and review procedures
    - Financial component of settlement
    - Fish and wildlife
    - Governance and jurisdiction
    - Implementation
    - Institutions, authorities, financing and taxation powers
    - Intergovernmental relationships
    - Land
    - Natural resources management and allocation
    - Parks and protected areas
    - Ratification
    - Resource revenue
    - Subsurface ownership
    - Third party and public interests
    - Water management

    5.2
    The list is not intended to be restrictive and may be added to by agreement in writing of the Chief negotiators.

    5.3
    The inclusion of a substantive issue in section 5 1 does not commit any of the Parties to conclude an agreement on that issue.

    5.4
    The Parties agree that any substantive issue, or elements of a substantive issue, may require negotiation on a regional or provincial basis.

    5.5
    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.

    5.6
    The Parties acknowledge that the list of substantive issues may be modified as a result of each Party's consultation and mandate development processes.

    5.7
    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.

  11. NEGOTIATION PROCESS
  12. 6.1
    Negotiations will be conducted at a main table to which each Party will send an appointed Chief Negotiator. The Chief Negotiators will be responsible for the conduct and coordination of the negotiations.

    6.2
    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.

    6.3
    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.

    6.4
    The results of each negotiation of a substantive issue will be recorded in a sub-agreement and initialled by the Chief Negotiators.

    6.5
    The sub-agreements, which have been initialled may, by agreement of the Chief Negotiators, be reconsidered and amended.

    6.6
    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.

    6.7
    The Chief Negotiators will recommend the draft Agreement-in-Principle to their respective Parties for approval.

    6.8
    The Agreement-in-Principle will be concluded upon having been approved and signed by the Parties.

    6.9
    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.

    6.10
    The Parties will develop procedures to guide negotiations leading to a Final Agreement.

  13. OPENNESS OF NEGOTIATIONS
  14. 7.1
    The Parties recognize the importance of public information and consultation related to these negotiations. For this purpose, they have agreed to follow the "Protocol Regarding the Openness of the Pavilion Indian Band Treaty Process".

  15. APPROVAL OF THIS AGREEMENT
  16. 8.1
    Initialling of this Agreement by the Chief Negotiators signifies their intention to recommend this Agreement to the Parties for their approval.

    8.2
    The Chiefs and Council for Ts'kw'aylaxw are authorized to sign this Agreement on behalf of Ts'kw'aylaxw.

    8.3
    The Minister of Indian Affairs and Northern Development is authorized to sign this Agreement on behalf of Canada.

    8.4
    The Minister of Aboriginal Affairs is authorized to sign this Agreement on behalf of British Columbia.

  17. OVERLAPS
  18. 9.1
    Ts'kw'aylaxw will make best efforts to resolve Overlaps with other First Nations and will advise Canada and British Columbia on the status of the negotiations.

  19. NEGOTIATION FUNDING
  20. 10.1
    Each Party will be responsible for obtaining funding for their own participation in the negotiation process. It is Ts'kw'aylaxw's understanding that it will continue to be funded through the BCTC Process.

  21. GOVERNMENT PROGRAMS
  22. 11.1
    During the negotiation process Ts'kw'aylaxw and its members will continue to enjoy the same rights and benefits as any other citizen or organization and will have access to the various programs and services of Canada and British Columbia in effect from time to time, including those directed to Aboriginal people and organizations, including Indian bands, in accordance with the policies in effect from time to time governing those programs and services.

  23. SUSPENSION
  24. 12.1
    Subject to the Parties' stated commitment to negotiate a treaty in good faith, any of the Parties may suspend the negotiations contemplated by this Agreement. Such suspension will be confirmed in writing to the other Parties and to the BCTC and will set out the reasons for suspension and the date the suspension commences.

    12.2
    Prior to or after suspending negotiations, the Parties will, whenever appropriate, seek methods of dispute resolution.

  25. INTERIM MEASURES
  26. 13.1
    The Parties acknowledge that the British Columbia Claims Task Force made the following recommendation concerning interim measures: "The Parties negotiate interim measures agreements before or during the treaty negotiations when an interest is being affected which could undermine the process."

  27. INTERPRETATION
  28. 14.1
    Nothing in this Agreement is to be interpreted as creating, recognizing, denying or amending legally enforceable rights or altering the relationship or responsibilities of Canada and British Columbia to Ts'kw'aylaxw.

    14.2
    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.

    14.3
    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.

  29. LEGAL NATURE OF THE FINAL AGREEMENT
  30. 15.1
    The Final Agreement will constitute a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act. 1982.

  31. AMENDMENTS
  32. 16.1
    Except where this Agreement permits amendments by agreement of the Chief Negotiators, this Agreement may only be amended by agreement of the Parties in writing.

Signed on behalf of the Ts'kw'aylaxw First Nation
this [1st] day of [August], 1996.

_______________________
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


[ Home | Treaties | History | First Nations | Publications | FAQs | News ]

URL: http://www.aaf.gov.bc.ca/aaf/nations/tskwayla/frmwrk.htm
Last Update: 1997 Mar 11 by Webmaster