Kwanlin Dun First Nation Final Agreement
|Date: ||19 February 2005|
|Sub Category:||Final Agreement (Canada)|
|Payments:||Compensation - Government of Canada ($416,942,904.43)|
|Subject Matter:||Access | Agriculture | Compensation | Cultural Heritage | Customary Law | Economic Development | Education | Employment and Training | Environmental Heritage | Fishing | Forestry | Health and Community Services | Housing, Construction and Infrastructure | Land Management | Land Settlement | Land Use | Law - Policy and Justice | Management / Administration | Marine | Mining and Minerals | Self Government | Tourism | Water|
|Summary Information: |
|The Kwanlin Dun First Nation Final Agreement was signed by representatives of the governments of Canada and the Yukon, and the Chief and Council of the Kwanlin Dun First Nation at Whitehorse on 19 February 2005. The Final Agreement provides certainty with respect to ownership and use of land, access to resources, governance and fiscal responsibilities. It contains a commitment by all parties to recognise and protect the way of life of the Kwanlin Dun and encourage and protect the cultural distinctiveness and social well-being of Kwanlin Dun, for the benefit of both members of the First Nation, the province of the Yukon and Canada as a whole. |
The Kwanlin Dun First Nation Final Agreement is a full and final settlement of Kwanlin Dun First Nation Aboriginal rights. By signing the agreement, the Nisga’a surrendered any other Aboriginal rights not set out in the treaty. The agreement follows the format established in the Umbrella Final Agreement Between the Government of Canada, The Council for Yukon Indians and the Government of the Yukon, which established a framework for the negotiation of Final Agreements in the Yukon.
|Detailed Information: |
|Key provisions in the agreement include:|
The Kwanlin Dun First Nation will hold land in fee simple under the Final Agreement. All lands owned by the Kwanlin Dun First Nation will no longer be considered ‘reserve lands’. Land already owned in fee simple, and lands subject to leases or licences are not included in the transfer. The Nisga’a will own all subsurface resources on Nisga’a Lands. A common land use plan is to be developed by the Kwanlin Dun First Nation relating to the settlement land.
Kwanlin Dun First Nation has the power to make laws for their people. A Constitution will be adopted to set out the power of Kwanlin Dun governments. The jurisdiction of the Kwanlin Dun First Nation Government includes:
o Health and Social Services;
o Justice; and
The Government of Canada and the Government of the Yukon agree to negotiate a self-government agreement with the Kwanlin Dun First Nation detailing details of the First Nation’s self-government arrangements.
The Final Agreement allows the Kwanlin Dun First Nation to harvest fish in the Whitehorse Fishway Area and hunt wildlife in the Wildlife Area. Laws regarding Kwanlin Dun First Nation rights to fish and wildlife will be governed by the council and the fish board, to be established as part of the agreement.
The Kwanlin Dun First Nation will own, manage, allocate and protect the Forest Resources on its settlement land.
On the date of signature of the agreement, the Government of Canada agreed to pay the First Nation $1,000,000 as an advance on the capital transfer. Total Capital transfer amounts to $416,942,904.43.
Economic Development Measures
The Agreement provides that the Kwanlin Dun First Nation shall develop a plan for the First Nation to take advantage of economic development opportunities available, including employment and contract opportunities as well as farming, hunting and harvesting opportunities