CHAPET 5 AND APPENDIX B
Our strategy has a clear objective – to position ourselves as the credible, national voice of K’áhshó Got’ı̨nę self-government.
CHAPTER 5 - SELF-GOVERNMENT IS A CHAPTER IN OUR SAHTU DENE AND MÉTIS COMPREHENSIVE LAND CLAIM AGREEMENT THAT STATES THE OBLIGATION FOR CANADA AND THE NORTHWEST TERRITORIES TO NEGOTIATE A SELF-GOVERNMENT AGREEMENT WITH FORT GOOD HOPE.
Government shall enter into negotiations with the Sahtu Dene and Metis with a view to concluding agreements on Self-Government appropriate to the unique circumstances of the Sahtu Dene and Metis and in conformity with the Constitution of Canada.
A framework agreement which states the principles, process and agenda items for negotiations pursuant to 5.1.1 is set out in appendix B.
Government shall recommend to Parliament or the Legislative Assembly of the Northwest Territories, as the case may be, legislation separate from settlement legislation to bring into effect self-government agreements resulting from negotiations pursuant to 5.1.1.
The provisions of self-government agreements shall not be inconsistent with the provisions of settlement legislation or this agreement. where there is any inconsistency or conflict between the settlement legislation or this agreement and the provisions of any self-government agreement, the settlement legislation or this agreement, as the case may be, shall prevail to the extent of the inconsistency or conflict. The parties may agree to amend either the self-government agreement, the settlement legislation or this agreement in order to resolve any inconsistency or conflict.
Self-government agreements shall not affect the rights of the Sahtu Dene and Metis as Canadian citizens or their entitlement to all the rights and benefits of other citizens applicable to them from time to time.
Subject to 3.1.14, self-government rights provided for in self-government agreements and any legislation enacted to implement such agreements shall not be construed, on the basis of this agreement, to be aboriginal or treaty rights within the meaning of section 35 of the Constitution Act, 1982.
Nothing in this agreement shall preclude the Sahtu Dene and Metis from acquiring constitutional protection for self-government or for self-government agreements negotiated pursuant to this chapter as may be provided in future constitutional amendments or otherwise.
This agreement shall not be interpreted to preclude the possibility that Sahtu institutions may acquire additional powers and authority through a process of transfer of further powers and authorities from government.
The objectives of self-government agreements shall be to describe the nature, character and extent of self-government, and the relationship between government and Sahtu institutions and to accommodate self-government within the framework of public government.
Self-government negotiations will address the desire of the Sahtu Dene and Metis to have self-government exercised as close to the community level as is reasonably possible.
Funding for self-government negotiations shall be according to government policy for self-government negotiations.
Government and the Sahtu Dene and Metis agree that the development of a future constitution for the Northwest Territories is a priority. Government shall give the Sahtu Tribal Council the opportunity to participate in any constitutional conference or similar process for reform of the constitution of the Northwest Territories.
SELF-GOVERNMENT FRAMEWORK AGREEMENT
YOU WILL FIND THE APPENDIX AT THE END OF THE LAND CLAIM AGREEMENT WITH DETAILS IN ADDITION TO CHAPTER 5 - SELF-GOVERNMENT
WHEREAS the ancestors of the Dene and Metis of the Sahtu region have traditionally used and occupied lands in the Northwest Territories from time immemorial;
WHEREAS nothing in the agreement is to be construed to affect any aboriginal or treaty right to self-government which the Sahtu Dene and Metis may have;
AND WHEREAS the agreement provides for the negotiation of self-government agreements between the Sahtu Dene and Metis and government;
NOW THEREFORE IT IS AGREED:
1.1 Government shall enter into negotiations with the Sahtu Dene and Metis pursuant to this framework agreement with a view to concluding self-government agreements which enable the Sahtu Dene and Metis to govern their affairs and to administer resources, programs and services, as appropriate to the circumstances of the Sahtu Dene and Metis.
1.2 Self-government agreements shall be in conformity with the Constitution of Canada.
1.3 The objectives of self-government agreements shall be to describe the nature, character and extent of self- government, the relationship between government and Sahtu Dene and Metis institutions and to accommodate Sahtu Dene and Metis self-government within the framework of public government.
1.4 The objective of this framework agreement is to set out the principles, process and matters for negotiation in self-government negotiations conducted between government and the Sahtu Dene and Metis, in accordance with the provisions of chapter 5 of the agreement.
2.1 In this framework agreement, all terms not defined below shall be as defined in the agreement. Terms herein shall have the following meanings:
"agreement" means the Sahtu Dene and Metis comprehensive land claim agreement;
"Sahtu Dene and Metis First Nation Government" means a governing body for Sahtu Dene and Metis in any of Colville Lake, Déline, Fort Good Hope, Fort Norman or Norman Wells with powers and responsibilities as set out in self-government agreements; and
"self-government agreement" means an agreement on self-government negotiated pursuant to this framework
3.1 Sahtu Dene and Metis self-government may comprise:
Sahtu Dene and Metis First Nation Governments with powers and responsibilities, including the necessary legislative powers, in specified areas of jurisdiction;
the Sahtu Tribal Council or its successor with such powers and responsibilities as may be agreed upon by Sahtu Dene and Metis; and
Sahtu Dene and Metis participation in public government pursuant to self-government agreements.
3.2 Self-government agreements:
shall set out the powers and responsibilities of Sahtu Dene and Metis First Nation Governments;
may set out the powers and responsibilities of the Sahtu Tribal Council or its successor; and
may provide for Sahtu Dene and Metis participation in public government institutions and may set out appropriate powers and responsibilities of such institutions in the settlement area.
3.3 Self-government agreements may provide for the devolution or delegation of programs and services to:
1. Sahtu Dene and Metis First Nation Governments;
2. the Sahtu Tribal Council or its successor; and
3. those public government institutions in the settlement area provided for in 3.2(c).
3.4 Self-government agreements may provide for Sahtu Dene and Metis First Nation Governments or the Sahtu Tribal Council or its successor to exercise powers of a designated Sahtu organization in accordance with the agreement.
(a) Self-government agreements shall take into account the availability of government financial resources.
(b) Financial arrangements for self-government agreements shall address the need for flexibility, predictability and long-term planning.
(c) Self-government agreements shall take into account the effective and efficient use of financial resources.
3.6 Government shall consult with the Sahtu Tribal Council before recommending to Parliament or the Legislative Assembly of the Northwest Territories as the case may be, legislation to enact or amend legislation providing for Sahtu Dene and Metis self-government.
3.7 The provisions of self-government agreements shall not be inconsistent with the provisions of settlement legislation or the agreement as set out in 5.1.4 of chapter 5.
4. MATTERS FOR NEGOTIATION
4.1 Self-government negotiations shall address, and self-government agreements may include, the following matters in a manner not inconsistent with the agreement as set out in 5.1.4 of chapter 5:
the development of constitutions for Sahtu Dene and Metis First Nation Governments and the Sahtu Tribal Council or its successor including;
structures and procedures,
accountability to Sahtu Dene and Metis of Sahtu Dene and Metis institutions,
legal status and capacity of Sahtu Dene and Metis Governments, the Sahtu Tribal Council or its successor, and
Sahtu Dene and Metis culture and language;
use, management, administration, control and protection of settlement lands;
raising of revenue for local purposes, including taxation;
education and training;
roads and traffic;
local government infrastructure, including programs and services;
economic development, including tourism;
child welfare, guardianship and customary adoption;
wills and estates;
administration of justice;
implementation plans and financial arrangements relating to self-government agreements;
procedures for the amendment of self-government agreements;
transition from existing Sahtu Dene and Metis institutions to future Sahtu Dene and Metis institutions; and
matters relating to the foregoing, or as may be otherwise agreed.
5. PROCESS AND SCHEDULE
5.1 Government shall enter into negotiations with the Sahtu Dene and Metis in each Sahtu community where a written request to negotiate is made by a designated Sahtu Dene and Metis organization.
5.2 Prior to commencing negotiations on self-government agreements, the parties to such negotiations shall agree on:
the order in which the matters to be negotiated are to be addressed;
the time frame within which negotiations will take place; and
such other matters as may be necessary or desirable.