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Media Contacts

Lisa Leslie

Ministry of Aboriginal Relations and Reconciliation
250 213-7724

Glenn Bennett

Kitselas First Nation
250 635-8882, ext 107

Backgrounders

AIP between Kitselas, British Columbia and Canada

An Agreement-in-Principle is the fourth stage of the six-stage B.C. treaty process.

A treaty will bring certainty with respect to Kitselas First Nation’s rights to use, own and manage lands and resources within their traditional territory. It will provide the First Nation with modern governance tools to build strong and workable relationships with other governments, including federal, provincial and local governments.

The following outlines elements proposed in the Agreement-in-Principle.

Land:

The Kitselas Agreement-in-Principle proposes a land package of 36,158 hectares of land, including 1,069 hectares of Kitselas Indian reserve land, and 35,089 hectares of provincial Crown land.

All treaty land will be held in fee simple by Kitselas. Fee simple ownership will give the community opportunities for long-term economic benefits.

Kitselas signed an Incremental Treaty Agreement (ITA) with the B.C. government that will create near-term economic opportunities in Terrace and surrounding area, as well as for community and/or cultural purposes.

Kitselas received three parcels of provincial Crown land, totalling approximately 250 hectares under its ITA. B.C. transferred the ITA lands to Kitselas in 2014.

Governance:

Under a treaty, Kitselas will operate within the framework of the Constitution of Canada and the Canadian Charter of Rights and Freedoms will apply to the First Nation’s government.

Kitselas will have its own constitution that will provide for the structure of their government. Under its constitution, the Kitselas government will be democratically elected and accountable.

After a transition period, with the exception of determining Indian status, the Indian Act will no longer apply to the First Nation, its lands or members. Instead, constitutionally protected self-government provisions will enable it to make decisions about matters related to the preservation of its culture, the exercise of its treaty rights, and the operation of its government.

Kitselas will also have the authority to make laws necessary to manage treaty settlement lands, matters internal to the community and integral to its culture, and for the provision of social and other services to the First Nation members or people living on treaty settlement land.

Federal and provincial law will also apply on treaty settlement lands. The treaty will set out which law prevails if a Kitselas law conflicts with a federal or provincial law.

Financial Components:

The Agreement-in-Principle proposes a transfer of $34.7 million, to be adjusted for inflation from the first Quarter of 2012 to the treaty effective date.

Resource Harvesting Rights:

Kitselas will have the right to harvest plants, wildlife and migratory birds for food, social and ceremonial purposes within Harvest Areas as defined in the treaty. These rights will be subject to conservation measures, public health and public safety regulations.

Fisheries:

The Agreement-in-Principle provides that fisheries will be discussed during Final Agreement negotiations.