Wei Wai Kum Kwiakah Treaty Society Draft AIP Summary.

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Presentation transcript:

Wei Wai Kum Kwiakah Treaty Society Draft AIP Summary

1. GENERAL

What is an Agreement in Principle (AIP)? An Agreement in Principle (AIP) is intended to provide much of what will be in the Final Agreement or Treaty. It includes a series of “Chapters”. It is a political agreement that serves as a basis for the Final Agreement. The AIP is not finished. It will take several more years of negotiations between the Wei Wai Kum Kwiakah Treaty Society (WKTS), British Columbia and Canada.

What is an AIP? (continued)  For Example, there is no Fish Chapter in the draft AIP, and there is no Land or Cash assets. We have also not negotiated water volumes or long-term timber volumes.  Also, both Canada and BC are also reviewing their policies as a result of the Tsilhqot’in decision

Agreement in Principle Q & A When we reach an AIP, will it be legally binding?  No. It is a political agreement and not a legal agreement. What is the difference between an AIP and a Final Agreement?  A: Once finalized, the AIP will be very similar to a Final Agreement, but the Final Agreement will be legally binding. What are the next steps before we can conclude an AIP?  We are currently waiting for a Land and Cash offer from Canada and British Columbia. That is expected by the end of this calendar year. We are also waiting for Canada to begin fish negotiations and negotiations on fiscal matters.

Agreement in Principle Q & A Will we have an opportunity to vote on the AIP?  Yes, once the negotiations are concluded, there will be a community vote. How long will it take us to finish the AIP negotiations?  Much of this will depend upon Canada. Canada does not have a mandate to negotiate fisheries matters, the Fiscal Chapter or Migratory Birds, at this point. Assuming they are able to get their mandate, we expect negotiations to take at least another year or two before we reach and AIP.

General Provisions The General Provisions Chapter is intended to set out some of the most important elements of the AIP, including issues such as:  Continued eligibility for programs and services  The Relationship of laws  Concurrency  Certainty  Specific Claims  Periodic Review  Amendment process

General Provisions WKTS members will continue to be eligible for Programs and services available to all Canadians as well as normal Indian Affairs programs The duty to consult continues Band members will keep their Indian Status, and will continue to receive programs and services provided by Indian Affairs.

General Provisions Q & A If we reach a Final Agreement, do we extinguish our Aboriginal Rights?  No. We do not give up our Aboriginal Rights. Aboriginal rights will not be extinguished. What about Indian Affairs programs?  We will also continue to be eligible for all programs and services available to all Aboriginal people, and we will continue to be Status Indians. What about the duty to consult and accommodate?  The duty to consult over our rights will continue. Will there be an obligation on the part of industry or the Crown to enter into Impact Benefit Agreements with us?  That is still being negotiated.