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Ta'an Kwach'an Council Self-Government Agreement | | Date: | 13 January 2002 | | | Sub Category: | Self-Government Agreement (Canada) | | Place: | | | State/Country: | Yukon, Canada | | Subject Matter: | Self Government | | URL: | http://www.ainc-inac.gc.ca/pr/agr/ykn/taansga/tkc_e.pdf | | | Summary Information: | | | The Ta'an Kwach'an Council Self-Government Agreement was signed by representatives of the Government of Canada, the Ta'an Kwach'an Council (the Council) and the Government of the Yukon on 13 January 2002. The agreement recognises the desire of the parties to support and promote the contemporary and traditional political institutions and processes of the Ta’an Kwach’an Council and the continuing aboriginal rights, titles and interests held by members of the community including jurisdiction over traditional lands and the resources contained therein.
The Agreement was established pursuant to clause 24 of the Ta'an Kwach'an Council Final Agreement, which provided for the development of self-government arrangements in accordance with the Inherent Right to Self-Government Policy. | | Detailed Information: | | General Provisions
The Agreement establishes that its ratification in no way affects any aboriginal ‘claim, right, title or interest’ of any of the members of the Council as citizens and aboriginal people of Canada. Nor does it affect the right of the Council to exercise, or benefit from, any existing or future constitutional rights. It also establishes that it has no affect on citizens of Canada.
Specific Provisions
The self-government agreement may only be amended with the consent of all parties, and makes provision for dispute resolution and review within this timeframe.
Chapter 10 of the Agreement refers to the development fo a Ta’an Kwach’an Council Constitution, which shall provide for:
A citizenship code including requirements for membership;
The governing bodies of the Ta’an Kwach’an council and their powers duties, composition, membership and procedures;
A system of reporting through which the Council shall be financially accountable to its citizens;
Recognition of rights and freedoms of citizens; and
Means of amending the constitution by citizens.
Part III of the agreement sets out in detail the legislative powers of the Council. These powers extend to:
Administration of council affairs and operation and internal management;
Provision of programs and services to citizens in relation to spiritual and cultural beliefs and practices;
Provision of programs in relation to aboriginal language;
Provision of health care and services to citizens;
Provision of social and welfare services to citizens;
Provision of training programs for citizens;
Adoption by and of citizens;
Guardianship, custody, care and placement of council children;
Provision of education programs and services for citizens;
Inheritance, wills, intestacy and administration of estates;
Dispute resolution procedures;
Marriages;
Use, managmenet, enjoyment ad control of settlement land;
Natural resources on settlement land;
Hunting, gathering, trapping or fishing and the protection of fish, wildlife and habitat; and
Regulation of any business, trade or profession.
The Council also has, in Chapter 13, powers to establish mechanisms for the provision fo justice, over all matters pertaining to taxation. Part IV of the agreement provides for capital transfer to ensure a dequate resources for the provisions of public services. Provision of financial contributions to be made by the Government of Yukon are also outlined. | |
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