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Champagne and Aishihik First Nations Final Agreement Champagne and Aishihik First Nations Final Agreement

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Champagne and Aishihik First Nations Final Agreement Champagne and Aishihik First Nations Final Agreement CHAMPAGNE AND AISHIHIK FIRST NATIONS FINAL AGREEMENT CHAMPAGNE AND AISHIHIK FIRST NATIONS FINAL AGREEMENT between THE GOVERNMENT OF CANADA, THE CHAMPAGNE AND AISHIHIK FIRST NATIONS and THE GOVERNMENT OF THE YUKON This Champagne and Aishihik First Nations Final Agreement has been initialled by the negotiators for the Champagne and Aishihik First Nations, the Government of Canada and the Government of the Yukon, signifying their intent to recommend the Champagne and Aishihik First Nations Final Agreement for ratification in accordance with Chapter 2 - General Provisions. Dated June 19, 1992. _____________________________ Dave Joe Negotiator Champagne and Aishihik First Nations _____________________________ Mike Whittington Negotiator Government of Canada _____________________________ Shakir Alwarid Negotiator Government of the Yukon AGREEMENT made this _______ day of _______________________, 1993. AMONG: Her Majesty the Queen in Right of Canada as represented by the Prime Minister (hereinafter referred to as "Canada"); AND The Government of the Yukon as represented by the Government Leader of the Yukon on behalf of the Yukon (hereinafter referred to as "the Yukon"); AND The Champagne and Aishihik First Nations as represented by the Chief of the Champagne and Aishihik First Nations (hereinafter referred to as the "Champagne and Aishihik First Nations") being the parties to this Champagne and Aishihik First Nations Final Agreement (hereinafter referred to as "this Agreement"). WHEREAS: The Champagne and Aishihik First Nations asserts aboriginal rights, titles and interests with respect to its Traditional Territory; the Champagne and Aishihik First Nations wishes to retain, subject to this Agreement, the aboriginal rights, titles and interests it asserts with respect to its Settlement Land; the parties to this Agreement wish to recognize and protect a way of life that is based on an economic and spiritual relationship between Champagne and Aishihik People and the land; the parties to this Agreement wish to encourage and protect the cultural distinctiveness and social well-being of Champagne and Aishihik People; the parties to this Agreement recognize the significant contributions of Champagne and Aishihik People and the Champagne and Aishihik First Nations to the history and culture of the Yukon and Canada; the parties to this Agreement wish to enhance the ability of Champagne and Aishihik People to participate fully in all aspects of the economy of the Yukon; the Constitution Act, 1982, recognizes and affirms the existing aboriginal rights and treaty rights of the aboriginal peoples of Canada, and treaty rights include rights acquired by way of land claims agreements; the parties to this Agreement wish to achieve certainty with respect to the ownership and use of lands and other resources of the Champagne and Aishihik First Nations Traditional Territory; the parties wish to achieve certainty with respect to their relationships to each other; the Champagne and Aishihik First Nations, Canada and the Yukon have authorized their representatives to sign this land claims agreement; NOW THEREFORE, in consideration of the terms, exchanges of promises, conditions and provisos contained herein, the parties to this Agreement agree to the following. Signed at __________, Yukon, the ___ day of ______________, 1993. ___________________________ _________________________ Paul Birckel Witness Chief Champagne and Aishihik First Nations ___________________________ _________________________ The Right Honourable Witness Brian Mulroney Prime Minister of Canada ___________________________ _________________________ John Ostashek Witness Government Leader of the Yukon AGREEMENT made this _______ day of _______________________, 1993. AMONG: Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as "Canada"); AND The Government of the Yukon as represented by the Government Leader of the Yukon on behalf of the Yukon (hereinafter referred to as "the Yukon"); AND The Champagne and Aishihik First Nations as represented by the Chief of the Champagne and Aishihik First Nations (hereinafter referred to as the "Champagne and Aishihik First Nations") being the parties to this Champagne and Aishihik First Nations Final Agreement (hereinafter referred to as "this Agreement"). WHEREAS: The Champagne and Aishihik First Nations asserts aboriginal rights, titles and interests with respect to its Traditional Territory; the Champagne and Aishihik First Nations wishes to retain, subject to this Agreement, the aboriginal rights, titles and interests it asserts with respect to its Settlement Land; the parties to this Agreement wish to recognize and protect a way of life that is based on an economic and spiritual relationship between Champagne and Aishihik People and the land; the parties to this Agreement wish to encourage and protect the cultural distinctiveness and social well-being of Champagne and Aishihik People; the parties to this Agreement recognize the significant contributions of Champagne and Aishihik People and the Champagne and Aishihik First Nations to the history and culture of the Yukon and Canada; the parties to this Agreement wish to enhance the ability of Champagne and Aishihik People to participate fully in all aspects of the economy of the Yukon; the Constitution Act, 1982, recognizes and affirms the existing aboriginal rights and treaty rights of the aboriginal peoples of Canada, and treaty rights include rights acquired by way of land claims agreements; the parties to this Agreement wish to achieve certainty with respect to the ownership and use of lands and other resources of the Champagne and Aishihik First Nations Traditional Territory; the parties wish to achieve certainty with respect to their relationships to each other; the Champagne and Aishihik First Nations, Canada and the Yukon have authorized their representatives to sign this land claims agreement; NOW THEREFORE, in consideration of the terms, exchanges of promises, conditions and provisos contained herein, the parties to this Agreement agree to the following. Signed at __________, Yukon, the ___ day of ______________, 1993. ___________________________ _________________________ Paul Birckel Witness Chief Champagne and Aishihik First Nations ___________________________ _________________________ The Honourable Tom Siddon Witness Minister of Indian Affairs and Northern Development ___________________________ _________________________ John Ostashek Witness Government Leader of the Yukon TABLE OF CONTENTS VOLUME 1 CHAPTER 1 DEFINITIONS CHAPTER 2 GENERAL PROVISIONS 2.1.0 The Umbrella Final Agreement 2.2.0 Settlement Agreements 2.3.0 Amendment 2.4.0 Settlement Legislation 2.5.0 Certainty 2.6.0 Interpretation of Settlement Agreements and Application of Law 2.7.0 Access to Information and Privacy 2.8.0 Remedies 2.9.0 Internal Overlap and Transboundary Agreements 2.10.0 Representation and Warranty 2.11.0 General 2.12.0 Boards Schedule A Ratification of the Champagne and Aishihik First Nations Final Agreement - General - Ratification Committee - Official Voters List - Information Campaign - Voting Process - Ratification of this Agreement by the Champagne and Aishihik First Nations - Ratification of this Agreement by Government - Signing of this Agreement Schedule B Resolution of Overlapping Claims - Definitions - Agreements - Dispute Resolution - Application of this Agreement in an Overlapping Area - Other Yukon First Nation Final Agreements - Traplines - Consultation in the Overlapping Area CHAPTER 3 ELIGIBILITY AND ENROLLMENT 3.1.0 Definitions 3.2.0 Eligibility Criteria 3.3.0 Applications on behalf of Another Person 3.4.0 Other Settlements 3.5.0 Enrollment Committees 3.6.0 Enrollment Commission 3.7.0 Judicial Review 3.8.0 Budget 3.9.0 Dissolution of Enrollment Committees 3.10.0 Continuation of Enrollment 3.11.0 Dispute Resolution 3.12.0 Public Access CHAPTER 4 RESERVES AND LAND SET ASIDE 4.1.0 Reserves 4.2.0 Land Set Aside 4.3.0 Selection of Additional Land 4.4.0 Release CHAPTER 5 TENURE AND MANAGEMENT OF SETTLEMENT LAND 5.1.0 Definitions 5.2.0 General 5.3.0 Maps and Descriptions 5.4.0 Settlement Land 5.5.0 Yukon First Nation Management Powers 5.6.0 Administration by Government 5.7.0 Disclosure of Government Interests in Settlement Land 5.8.0 Beds of Waterbodies 5.9.0 Interests in Settlement Land - Less than Entire Interest in 5.4.1 5.10.0 Interests in Settlement Land - Entire Interest 5.11.0 Land Ceasing to be Settlement Land 5.12.0 Reacquisition 5.13.0 Deregistration 5.14.0 Proposed Site Specific Settlement Land 5.15.0 Waterfront Right-of-Way 5.16.0 Notations for Hydro-electric and Water Storage Projects CHAPTER 6 ACCESS 6.1.0 General 6.2.0 Access to Crown Land 6.3.0 General Access 6.4.0 Government Access 6.5.0 Military Access 6.6.0 Conditions of Access CHAPTER 7 EXPROPRIATION 7.1.0 Objective 7.2.0 Definitions 7.3.0 General 7.4.0 Procedures for Expropriation 7.5.0 Procedures for Compensation 7.6.0 Public Hearings 7.7.0 Expropriation pursuant to the National Energy Board Act 7.8.0 Expropriation for Hydro-electric and Water Storage Projects CHAPTER 8 SURFACE RIGHTS BOARD 8.1.0 General 8.2.0 Jurisdiction of the Board 8.3.0 Powers and Responsibilities of the Board 8.4.0 Compensation 8.5.0 Legislation CHAPTER 9 SETTLEMENT LAND AMOUNT 9.1.0 Objective 9.2.0 Yukon Settlement Land Amount 9.3.0 Yukon First Nations' Settlement Land Amount 9.4.0 Land Negotiation Restrictions 9.5.0 Balanced Selection 9.6.0 Crown and Settlement
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