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Tr'ondek Hwech'in Self-Government Agreement

Category: Agreement
Date: 16 July 1998
Sub Category:Self-Government Agreement (Canada)
Location:Yukon, Canada
Alternative Names:
  • Tr'ondk Hwch'in Self-Government Agreement
  • Subject Matter:Self Government
    URL: http://www.ainc-inac.gc.ca/pr/agr/trondek/thsga_e.pdf
    Summary Information:
    The Tr'ondk Hwch'in Self-Government Agreement was signed 16 July 1998 in Dawson City by representatives of the Tr'ondk Hwch'in (formerly known as the Dawson First Nation), the Government of Canada and the Government of the Yukon. The agreement was made pursuant to clause 24 of the Tr'ondk Hwch'in Final Agreement, which contained a commitment to negotiate arrangements for self-government ppursuant to the Canadian Government's Inherent Right to Self-Government Policy.

    The Agreement asserts ongoing Aboriginal rights, title and interests and recognises a wish to maintain traditional decision making institutions and to integrate these institutions into a contemporary form of government. The agreement also reasserts a commitment of all parties to recognising the ongoing distinctiveness of Tr'ondk Hwch'in and the importance of economic development and the social well-being of its citizens.
    Detailed Information:
    General Provisions
    The Agreement establishes that its ratification in no way affects any aboriginal 'claim, right, title or interest' of any of the members of the Council as citizens and aboriginal people of Canada. Nor does it affect the right of the Council to exercise, or benefit from, any existing or future constitutional rights. It also establishes that it has no affect on citizens of Canada.

    Specific Provisions
    The agreement establishes the Tr'ondk Hwch'in as s separate legal entity, and provides for the development of a Tr'ondk Hwch'in Constitution, outling matters including, but not limited to:
  • a citizenship code;
  • the nature of the governing bodies of the Tr'ondk Hwch'in and their respective powers, duties, composition, membership and procedures;
  • a system of reporting to ensure accountability to citizens; and
  • a recognition and protection of the rights of the citizens of the Tr'ondk Hwch'in.

    Part III of the agreement outlines the legislative powers of the Tr'ondk Hwch'in, including but not limited to the power to make laws in relation to:
  • the administration of Tr'ondk Hwch'in;
  • the provision of programs and services for citizens in relation to their spiritual, cultural and linguistic identity and practice;
  • provision of health care and services to citizens;
  • adoption by and of citizens;
  • guardianship, custody, care and placement of Tr'ondk Hwch'in children;
  • provision of education services;
  • inheritance, wills, intestacy and the administration of estates of citizens;
  • Dispute resolution; and
  • Marriages.

    The Tr'ondk Hwch'in also has legislative capacity over matters relating to the territory as outlined in the Tr'ondk Hwch'in final Agreement. These powers include, but are not limited to the power to make laws with respect to:
  • use, management, administration and control of all settlement land;
  • use, management, administration and control of all natural resources on settlement land, including subterranean resources; and
  • gathering, hunting, trapping or fishing and the protection of fish, wildlife and habitat.

    The Tr'ondk Hwch'in also has legislative power in relation to local taxation, but this does not affect the government's rights to collect taxes. Part IV of the agreement outlines the financial transfer arrangements from the government of Canada, to ensure adequate resources for the implementation of the self-government arrangements.

    The agreement also outlines methods for review. The agreement may only be amended with the consent of all parties to it (provision for dispute resolution is outlined in Chapter 24) and there must be a review of the agreement within ten years.

    At the time of its ratification, the Tr'ondk Hwch'in self-government agreement represented the first time that self-government arrangements had not been specifically limited from operation in certain areas, such a municipal centres.

  • Related Entries

    Agreement
  • Umbrella Final Agreement between the Government of Canada, The Council for Yukon Indians and the Government of the Yukon
  • Organisation
  • Government of Canada - Signatory
  • Indian and Northern Affairs Canada - Signatory
  • Government of Yukon - Signatory
  • Tr'ondek Hwech'in - Signatory
  • Policy/Strategy
  • Inherent Right of Self-Government Policy 1995

  • References

    Agreement
    Tr'ondk Hwch'in Self-Government Agreement

    Glossary

    First Nations People of Canada | Canadian Aboriginal Government | Self-Government Agreement (Canada)

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