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Tr'ondek Hwech'in Self-Government Agreement | | Date: | 16 July 1998 | | | Sub Category: | Self-Government Agreement (Canada) | | Place: | | | State/Country: | Yukon, Canada | | Alternative Names: | Tr'ondëk Hwëch'in Self-Government Agreement
| | Subject Matter: | Self Government | | URL: | http://www.ainc-inac.gc.ca/pr/agr/trondek/thsga_e.pdf | | | Summary Information: | | | The Tr'ondëk Hwëch'in Self-Government Agreement was signed 16 July 1998 in Dawson City by representatives of the Tr'ondëk Hwëch'in (formerly known as the Dawson First Nation), the Government of Canada and the Government of the Yukon. The agreement was made pursuant to clause 24 of the Tr'ondëk Hwëch'in Final Agreement, which contained a commitment to negotiate arrangements for self-government ppursuant to the Canadian Government’s Inherent Right to Self-Government Policy.
The Agreement asserts ongoing Aboriginal rights, title and interests and recognises a wish to maintain traditional decision making institutions and to integrate these institutions into a contemporary form of government. The agreement also reasserts a commitment of all parties to recognising the ongoing distinctiveness of Tr'ondëk Hwëch'in and the importance of economic development and the social well-being of its citizens. | | 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 agreement establishes the Tr'ondëk Hwëch'in as s separate legal entity, and provides for the development of a Tr'ondëk Hwëch'in Constitution, outling matters including, but not limited to:
a citizenship code;
the nature of the governing bodies of the Tr'ondëk Hwëch'in and their respective powers, duties, composition, membership and procedures;
a system of reporting to ensure accountability to citizens; and
a recognition and protection of the rights of the citizens of the Tr'ondëk Hwëch'in.
Part III of the agreement outlines the legislative powers of the Tr'ondëk Hwëch'in, including but not limited to the power to make laws in relation to:
the administration of Tr'ondëk Hwëch'in;
the provision of programs and services for citizens in relation to their spiritual, cultural and linguistic identity and practice;
provision of health care and services to citizens;
adoption by and of citizens;
guardianship, custody, care and placement of Tr'ondëk Hwëch'in children;
provision of education services;
inheritance, wills, intestacy and the administration of estates of citizens;
Dispute resolution; and
Marriages.
The Tr'ondëk Hwëch'in also has legislative capacity over matters relating to the territory as outlined in the Tr'ondëk Hwëch'in final Agreement. These powers include, but are not limited to the power to make laws with respect to:
use, management, administration and control of all settlement land;
use, management, administration and control of all natural resources on settlement land, including subterranean resources; and
gathering, hunting, trapping or fishing and the protection of fish, wildlife and habitat.
The Tr'ondëk Hwëch'in also has legislative power in relation to local taxation, but this does not affect the government’s rights to collect taxes. Part IV of the agreement outlines the financial transfer arrangements from the government of Canada, to ensure adequate resources for the implementation of the self-government arrangements.
The agreement also outlines methods for review. The agreement may only be amended with the consent of all parties to it (provision for dispute resolution is outlined in Chapter 24) and there must be a review of the agreement within ten years.
At the time of its ratification, the Tr'ondëk Hwëch'in self-government agreement represented the first time that self-government arrangements had not been specifically limited from operation in certain areas, such a municipal centres. | |
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