First Nation of Nacho Nyak Dun Self-Government Agreement
|29 May 1993
|Self-Government Agreement (Canada)
|Compensation | Cultural Heritage | Customary Law | Employment and Training | Environmental Heritage | Health and Community Services | Land Management | Land Settlement | Land Transaction | Law - Policy and Justice | Mining and Minerals | Self Government
|The First Nation of Nacho Nyak Dun Self-Government Agreement was signed on 29 May 1993 by representatives of the Nacho Nyak Dun First Nation, Her Majesty the Queen in Right of Canada and The Government of the Yukon. The agreement fulfils the self-government objectives of the parties as outlined in Chapter 24 of the Nacho Nyak Dun First Nation Final Agreement. The agreement establishes the Nacho Nyak Dun First Nation as a self-governing nation. Its legislative powers extend to the power to make laws with respect to the administration of the First Nation, the provision of programs regarding spiritual and cultural beliefs, language, health care and services, social and welfare services, training programs, adoption, First Nation children, education, wills and intestacy citizenship and all ancillary matters.
|The First Nation of Nacho Nyak Dun Self-Government Agreement recognises that Nacho Nyak Dun people have traditional decision-making institutions and practices, and wish to maintain those institutions and practices, integrated with a contemporary form of government. It acknowledges all the parties desire to secure the evolving self-government institutions and protect “a way of life that is based on an economic and spiritual relationship between Nacho Nyak Dun people and the land”.
The Agreement does not affect the identity of Nacho Nyak Dun People as aboriginal people of Canada, nor the ability to benefit from any existing or future constitutional rights or government programs which might apply.
The Agreement may only be amended with the consent of all the parties, and makes provision for dispute resolution and review within 10 years.
Chapter 10 provides for the establishment of the Nacho Nyak Dun First Nation Constitution, the key function of which is to provide for a citizenship code establishing a procedure for determining Nacho Nyak Dun Citizenship. The Nacho Nyak Dun 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 Nacho Nyak Dun First Nation. The Nacho Nyak Dun First Nation reserves exclusive powers to pass legislation pertaining to the administration and internal management of Nacho Nyak Dun First Nation, to management and administration of rights and benefits of Nacho Nyak Dun Citizens and to other ancillary matters.
Clause 13.2 details Nacho Nyak Dun First Nation 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 Nacho Nyak Dun children; and
Inheritance, intestacy and interests in land.
Clause 13.3 details Nacho Nyak Dun First Nation 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 Nacho Nyak Dun First Nation also has legislative power with respect to local taxation. Part IV of the 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.