Kluane First Nation Self-Government Agreement 2003
|Date: ||18 October 2003|
|Sub Category:||Self-Government Agreement (Canada)|
|State/Country:||Yukon Territory, Canada|
|Subject Matter:||Cultural Heritage | Economic Development | Education | Employment and Training | Environmental Heritage | Health and Community Services | Land Management | Recognition of Traditional Rights and Interests | Self Government | Law - Policy and Justice|
|Summary Information: |
|The Kluane First Nation Self-Government Agreement was signed by the Kluane First Nation (KFN) and the Governments of Yukon and Canada on 18 October 2003 as required by Chapter 24 of the Kluane First Nation Final Agreement. That Agreement establishes that Governments must enter into negotiations regarding self-government with any First Nations which seek to do so. The Self-Government Agreement is subject to the Kluane First Nation Final Agreement (see Chapter 8). The Self-Government Agreement establishes the powers of the KFN as a self-governing nation. Its legislative powers extend to the power to make laws regarding KFN’s Government, Citizens and Settlement Land. Upon its effective date, the Indian Act (Canada) Kluane First Nation Band, ceases to exist and its ‘rights, titles, interests, assets, obligations, and liabilities’ vest in the KFN.|
|Detailed Information: |
|The Kluane First Nation Self-Government Agreement (the Self-Government Agreement) recognises that the Kluane First Nation ‘has traditional decision-making bodies and practices and desires to integrate those bodies and practices with a contemporary form of government.’ It acknowledges the desire of the parties to promote the opportunities and well-being of Kluane Citizens.
The Self-Government Agreement does not affect the identity of Kluane citizens as aboriginal people of Canada, nor the ability to benefit from any existing or future constitutional rights or government programs which might apply.
The Self-Government Agreement may only be amended with the consent of all the parties to it, and makes provision for dispute resolution and review within 10 years.
Chapter 10 provides for the establishment of the Kluane First Nation Constitution, the key function of which is to provide for a citizenship code establishing a procedure for determining Kluane Citizenship. The KFN may delegate any of its powers to make laws to any public body with existing law-making powers, another Yukon First Nation, a tribal land council, or the Council for Yukon Indians.
Part III of the Self-Government Agreement sets out in detail the legislative powers of the KFN. The KFN reserves exclusive powers to pass legislation pertaining to the administration and internal management of KFN, to management and administration of rights and benefits of Kluane Citizens and to other ancillary matters.
Clause 13.2 details KFN powers pertaining to matters in the Yukon relating to Citizens including, but not confined to:
Provision of spiritual and cultural services;
Provision of health, social welfare, education and training services;
Solemnization of marriage of Citizens;
Adoption, custody, guardianship and care of Kluane children; and
Inheritance, intestacy and interests in land.
Clause 13.3 details KFN powers pertaining to matters in the Yukon relating to Settlement Land including, but not confined to:
Use, management and protection of land;
Allocation and disposition of rights relating to land;
Gathering, hunting, fishing and trapping;
planning, zoning and development;
Establishment, operation and maintenance of local services;
Administration of justice; and
Matters ‘coming within the good government of Citizens on Settlement Land’
The KFN also has legislative power with respect to local taxation. Part IV of the Self-Government Agreement provides for capital transfer to ensure adequate resources for the provision of public services (see Chapter 16). Chapter 18 outlines provisions for financial contributions to be made by the Government of Yukon.|