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1
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We have an inalienable right to exist as
distinct peoples. |
2
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Our participation in this and any subsequent
discussions does not constitute abandonment of each First Nation's
understanding of Aboriginal Title and Treaty Rights. |
3
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Our mandate is to advance discussions with
Governments in order to position First Nations to conduct their own
direct negotiations with the Government of Canada and the Government
of British Columbia. |
4
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We are not proposing a process which
promotes a blanket resolution but rather, a General Framework which
would outline the scope of negotiations, the time frames, funding
arrangements and the implementation of such interim measures as may
be required. |
5
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We support and endorse negotiation currently
underway in particular, those of the Nisga'a Nation. This is not an
acceptance of any settlement model to be imposed on any other Tribal
group or Nation. |
6
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We
hereby reaffirm our conviction that all First Nations have the right
to be represented by whomever they choose. First Nations' political
institutions must be recognized, respected, and incorporated into
the Process at the desire of those First Nations. |
7
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Third party interests are represented by
the Federal and Provincial governments. |
8
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The content of any negotiations will include,
among other things:
a. Land and Water
b. Compensation
c. Self-government
d. Access to and ownership of natural resources.
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9
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Final resolutions shall constitute land claims
agreements within the meaning of s. 25 and s. 35 of the Constitution
Act, 1982. |
S.25
AND S.35 OF THE CONSTITUTION ACT, 1982
GENERAL
| S.25. |
THE
GUARANTEE IN THIS CHARTER OF CERTAIN RIGHTS AND FREEDOMS SHALL NOT
BE CONSTRUED SO AS TO ABROGATE OR DEROGATE FROM ANY ABORIGINAL, TREATY
OR OTHER RIGHTS OR FREEDOMS THAT PERTAIN TO THE ABORIGINAL PEOPLES
OF CANADA INCLUDING: |
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(a)
ANY RIGHTS OR FREEDOMS THAT HAVE BEEN RECOGNIZED BY THE ROYAL PROCLAMATION
OF OCTOBER 7, 1763; AND
(b)
ANY RIGHTS OR FREEDOMS THAT MAY BE ACQUIRED BY THE ABORIGINAL PEOPLES
OF CANADA BY WAY OF LAND CLAIMS SETTLEMENT."
|
PART
II
RIGHTS
OF THE ABORIGINAL PEOPLES OF CANADA
| S.35. |
(1)
THE EXISTING ABORIGINAL AND TREATY RIGHTS OF THE ABORIGINAL PEOPLES
OF CANADA ARE HEREBY RECOGNIZED AND AFFIRMED.
(2)
IN THIS ACT, 'ABORIGINAL PEOPLES OF CANADA' INCLUDES THE INDIAN,
INUIT AND METIS PEOPLES OF CANADA."
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