(flickr.com)

Media Contacts

Lisa Leslie

B.C. Ministry of Aboriginal Relations and Reconciliation
250 213-7724

Ruby Gill

Kitsumkalum First Nation
250 635-1718

Backgrounders

AIP between Kitsumkalum First Nation, 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 Kitsumkalum First Nation’s rights to use, own and manage lands and resources within their traditional territory. It will provide them 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 Kitsumkalum Agreement-in-Principle proposes a land package of 45,406 hectares, including: 597 hectares of Kitsumkalum Indian reserve land and 44,809 hectares of provincial Crown land.

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

Kitsumkalum 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.

Kitsumkalum received two parcels of provincial Crown land, totalling approximately 148 hectares under its ITA. B.C. transferred the ITA lands to Kitsumkalum in 2014.

Governance

Under a treaty, Kitsumkalum First Nation 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.

Kitsumkalum will have its own constitution that will provide for the structure of its government. Under its constitution, the Kitsumkalum 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.

Kitsumkalum 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 Kitsumkalum law conflicts with a federal or provincial law.

Financial Components

The Agreement-in-Principle proposes a transfer of $44.2 million, to be adjusted for inflation from the first Quarter of 2012 to the treaty effective date.

Resource Harvesting Rights

Kitsumkalum 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.