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Gwich'in Comprehensive Land Claim Agreement | | Date: | 1 January 1992 | | | Sub Category: | Comprehensive Land Claims Agreement (Canada) | | Place: | Mackenzie Delta | | State/Country: | Northwest Territories, Canada | | Subject Matter: | Land Settlement | Recognition of Traditional Rights and Interests | Economic Development | Environmental Heritage | Self Government | Land Management | Mining and Minerals | Compensation | | Summary Information: | | | The Gwich段n Comprehensive Land Claim Agreement (GCLCA) was signed in 1992 by representatives of the Gwich段n people, the Government of Canada and the Government of the Northwest Territories.
The Agreement transfers land title of approximately 23,000 square kilometres of land to the Gwich段n. Included in this total figure is approximately 6100 square kilometres of subsurface rights and 1554 square kilometres of surface rights in the Yukon. The Agreement also provides a capital transfer of (CDN) $75 million (1990$) to be distributed over fifteen years. Other key aspects of the Agreement are wildlife and harvesting rights, management provisions and resource royalties.
By signing the Agreement, the Gwich段n surrendered some rights arising from Treaty 11 for more defined rights. However, any rights not specifically given up continue to exist. | | Detailed Information: | | | KEY PROVISIONS
The GCLCA was negotiated to meet the following objectives:
- To set final rights to land and compensation;
- To ensure the Gwich'in have a right to participate in decision-making over land, water and resources; and
- To promote and maintain Gwich'in culture and sustainable development in the settlement area.
Eligibility
To benefit from the GCLCA, a person must have resided, used or occupied the Gwich段n Settlement Area on or before December 31, 1921, or be a descendant of such a person.
Self-Government
Chapter 5 of the GCLCA requires the signatories to enter into self-government negotiations. Any future self-government agreement shall not prejudice the rights of Gwich段n as Canadian citizens, but shall describe the nature, character and extent of self-government. The GCLCA acknowledges the need for constitutional reform in the Northwest Territories, and supports Gwich段n involvement in this process.
Land
Under the GCLCA, the Gwich段n receive title in fee simple to 16,264 square kilometres of surface land in the Northwest Territories. A further 4,299 square kilometres of land, including subsurface rights, is granted to the Gwich段n. Gwich段n will also own approximately 1554 square kilometres of land in Yukon. The conveyance of title to the Gwich段n Tribal Council includes beds of rivers and lakes.
Financial Payments
The GCLCA provides that Canada shall make a payment of $75 million over fifteen years. This includes an advance payment of $2 million and $7 million at the time settlement legislation is passed. However, the GCLCA also stipulates that the Gwich段n Tribal Council pay back 15% of the loans made to Dene and Metis Associations of the Northwest Territories during the period 1975 to November 1990.
Resources
Resource Royalties are to be paid to the Gwich段n Tribal Council in accordance with Chapter 9 of the GCLCA. The royalties amount to 7.5% of the first $2million received in royalties by the Canadian Government, and 1.5% for any royalties received thereafter.
Chapter 12 details measures for wildlife harvesting and management. While the Canadian government maintains overall jurisdiction for wildlife and resource management, the GLCA does acknowledge the rights of Gwich段n to hunt, gather, trap and fish and supports their involvement in planning and management. Specifically, Gwich段n have an exclusive right to harvest wildlife on their lands. In the Gwich段n Settlement Area, Gwich段n have exclusive rights to fur bearers. Rights are less extensive in Yukon. Harvest quotas are set and maintained by a Renewable Resources Board.
Other Claims
Claims between the Gwich段n and Yukon are dealt with in the Yukon Transboundary Agreement (Appendix C of the GCLCA).
Gwich段n rights on Inuvialuit land are subject to the Inuvialuit Final Agreement. The Gwich段n may exchange or transfer their land or interests in the Western Arctic Region if both parties agree.
Implementation
Implementation of the GCLCA is to be in accordance with an Implementation Plan. | |
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