Discussion Paper on Instructions for Implementing the New Relationship

by NationTalk on March 9, 2009887 Views

Context In 2005 the Province and the First Nations Leadership Council entered into a New Relationship based on respect, recognition and accommodation of aboriginal title and rights; respect for each others respective laws and responsibilities; and for the reconciliation of Aboriginal and Crown titles and jurisdictions. The parties agreed to establish new processes and institutions for shared decision-making regarding land and resources and for revenue and benefit sharing.The Parties wish to further implement the commitments of the New Relationship. This will be accomplished through the enactment of a legislative package which includes the development of regulations, template shared decision-making and revenue and benefit sharing agreements and the issuance of a Proclamation.

The parties propose to move forward on the following basis:

Legislation

The Province will enact legislation consisting of the following elements:

Purpose
The purpose of the legislation will be to:
 recognize that Aboriginal rights and title exist in British Columbia throughout the territory of each Indigenous Nation that is the proper title and rights holder, without requirement of proof or strength of claim;
 enable and guide the establishment of mechanisms for shared decision-making in regard to planning, management and tenuring decisions over lands and resources;
 enable and guide the completion of revenue and benefit sharing agreements between Indigenous Nations and the Province;
 set out a vision of re-building Indigenous Nations and establish a new institution to support and facilitate the process;
 establish processes, mechanisms or a new institution to assist in resolving any disputes than may arise regarding the interpretation or implementation of the legislation, regulations or any agreements concluded pursuant to the legislation.

>> Download report Discussion Paper on Instructions for Implementing the New Relationship.

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