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Kluane First Nation Final Agreement 2003
|Date:||11 April 2003|
|Sub Category:||Comprehensive Land Claims Agreement (Canada) | Final Agreement (Canada)|
|Location:||Yukon, Northwest Territories, Canada|
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|Subject Matter:||Housing, Construction and Infrastructure | Cultural Heritage | Economic Development | Education | Employment and Training | Self Government | Health and Community Services | Land Management | Recognition of Traditional Rights and Interests | Mining and Minerals | Native Title | Local Government | Compensation | Land Settlement|
|The Kluane First Nation Final Agreement was initialled by negotiators of the Kluane First Nation (KFN), and the Governments of Yukon and Canada on 11 April 2003. It concluded KFN's land claim negotiations which had commenced in 1973 resulting in the Umbrella Final Agreement signed by the Council for Yukon Indians, Yukon and Canada in 1993. The terms of the Umbrella Final Agreement have since been incorporated into each Yukon First Nation Final Agreement. KFN's official land claim negotiations commenced in 1994 and resulted in the signing of a Memorandum of Understanding at the end of March 2002 between KFN, Yukon and Canada. The Kluane First Nation Final Agreement is a constitutionally protected land claim agreement which provides certainty with respect to ownership and use of land, access to resources, governance and fiscal responsibilities. The Final Agreement was signed on 18 October 2003 and is expected to take effect in early 2004.|
|The Kluane Final Agreement acknowledges 'aboriginal rights, titles and interests' with respect to Traditional Territory and recognises the wish to 'protect a way of life that is based on an economic and spiritual relationship between Kluane people and the land'.|
In general terms the Agreement provides for the Kluane to:
The General Provisions provide that the terms of the Final Umbrella Agreement shall be incorporated in the Final Agreement. Nothing in the Final Agreement effects any 'aboriginal claim, right, title or interest of a Yukon First Nation claimed in British Columbia or the Northwest Territories.' The Agreement does not affect the identity of Yukon aboriginal people as aboriginal people of Canada, nor their rights as Canadian citizens. The process for ratification is outlined in the General Provisions. Amendments to the Final Agreement can only be made with the consent of the parties to the Agreement. The General Provisions also require the implementation of Settlement Legislation at State and Federal levels in order to accommodate the terms of the Agreement. Clauses 18.104.22.168 - 22.214.171.124 deal with the surrender of aboriginal claims, rights, titles and interests to the Canadian Crown where they are not contained within the agreement. The General Provisions also specify arrangements regarding Internal Overlap and Transboundary Agreements between First Nations. These arrangements are further detailed in Chapter 25 of the Agreement.
Under the Final Agreement, the Kluane will retain approximately 900 square kilometres of land as Settlement Lands. Settlement Lands give rights and liabilities in fee simple except in respect of certain rights in Mines and Minerals. Ownership of Settlement Land also provides for a range of management powers over such land including the enactment of bylaws and management plans, the charging of fees and rent for activities or occupation and so forth. Settlement land may also encompass surrounding beds of water bodies. Access to Settlement Land applies as in general laws of application. Yukon Indian persons and Yukon First Nations maintain right of access to Crown land where it is not for commercial or wildlife harvesting purposes. Chapter Six of the Agreement deals comprehensively with rights of access of the parties. Chapters Seven and Eight deal with Expropriation and Surface Rights in Settlement Land and the relevant compensation requirements. Chapter 10 deals with the establishment of Special Management Areas as national wildlife areas, national parks and the like. Provision is made in Chapter 11 for the involvement of First Nations in land use planning in Non-Settlement Land.
Chapter 13 of the Final Agreement recognises a commitment to the promotion, understanding and preservation of 'the culture and heritage of the Yukon Indian People' and acknowledges ownership and management by Yukon First Nations of their cultural heritage resources. Ownership of land in the Traditional Territory of the KFN is not affected by its designation as a Heritage Site.
Chapter 16 of the Final Agreement provides for the conservation and management of fish and wildlife and the renewable resources economy. It recognises the harvesting and management rights of First Nation People to renewable resources on Settlement Land and articulates a commitment to the participation of First Nation People in renewable resource management in the wider area. The chapter provides for the establishment of a Renewable Resources Council for the Traditional Territory of the KFN for the purposes of management, and the making of bylaws and recommendations for conservation. Provisions for Resource Royalty sharing are detailed in Chapter 23.
Chapter 17 of the Final Agreement recognises rights of ownership, harvesting and management of the KFN of forest resources on Settlement Land. It requires consultation between the Minister, KFN and the Renewable Resources Council regarding Resources Management in Non-settlement areas.
Chapter 18 deals with Specified Substance and Mineral Rights and details any arrangements for compensation of KFN where such rights are exercised in KFN Traditional Territory. The Government continues to exercise exclusive rights to quarries on Settlement Land without compensation. Disputes regarding use or restoration of quarries may be referred to the Surface Rights Board.
Chapter 19 of the Final Agreement details arrangements for financial compensation of First Nations in settlement of all comprehensive claims. Financial compensation of the KFN (set out in Schedules A and B) is set to continue over a period of 15 years and includes a payment of (CDN) $1 466 053 on each anniversary of the signing of the Final Agreement.
The Final Agreement also requires that Government enter into negotiation regarding Self-Government Agreements with those First Nations wishing to do so. Powers of self-government may include, but are not confined to, enactment of local laws and regulations, allocation and administration of Settlement Land, contracting with persons and governments and levying fees for land use. Such negotiations may also address such issues as the Yukon First Nation Constitution, education and training, health services, community development, public infrastructure, culture and aboriginal languages, the administration of justice and so on.
|Indian and Northern Affairs Canada (2003) Kluane First Nation Final Agreement|
|Indian and Northern Affairs Canada (2003) Kluane First Nation Self-Government Agreement|
|Comprehensive Land Claims Agreement (Canada) | Final Agreement (Canada)|
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