Part 9 - General Provisions

189. This Agreement is not a treaty.
     
     
190. Nothing in this Agreement shall be construed so as to abrogate or derogate from any aboriginal or treaty rights of e-dbendaagzijig, the First Nations or the United Anishnaabeg Councils, including any right of First Nation government, recognized and affirmed by section 35 of the Constitution Act, 1982.
     
     
191. Nothing in this Agreement affects any obligations of Canada or Ontario to justify the infringement of any aboriginal or treaty rights of e-dbendaagzijig, the First Nations or the United Anishnaabeg Councils.
     
     
192. Nothing in this Agreement shall affect the ability of the First Nations or e-dbendaagzijig to enjoy or exercise any existing or future constitutional rights of the aboriginal peoples of Canada or to benefit from any other arrangements or agreements that may be applicable.
     
     
193. The recitals and schedule shall form part of this Agreement.
     
     
194. The parties shall use good faith in the implementation of this Agreement.
     
     
195. The parties may agree to enter negotiations for the exercise of First Nation authority or jurisdiction on federal lands.
     
     
196. E-dbendaagzijig who are Canadian citizens or permanent residents of Canada, as defined in the Citizenship Act and the Immigration Act, shall continue to be entitled to all the rights and benefits of all other Canadian citizens or permanent residents of Canada.
     
     
197. Nothing in this Agreement affects any existing or future administrative arrangements specific to any of the First Nations concerning the delivery of services to e-dbendaagzijig not resident on First Nation land.
     
     
198. The First Nations and e-dbendaagzijig shall be eligible to participate in and benefit from federal programs or federally-sponsored government programs in accordance with general criteria established from time to time, to the extent that there is no duplication of First Nation program responsibility.
     
     
199. Nothing in this Agreement affects any First Nation policing agreement or arrangement that has been or may be entered into for the enforcement of First Nation, federal or provincial laws on First Nation land.
     
     
200. Nothing in this Agreement shall affect the ability of persons acting in an official capacity pursuant to lawful authority to have access to First Nation land. Such persons shall comply with First Nation law enacted pursuant to this Agreement where such compliance does not affect the carrying out of their lawful duties.
     
     
201. The Constitution of Canada, including the Canadian Charter of Rights and Freedoms, shall apply to the First Nations and United Anishnaabeg Councils and institutions.
     
     
202. The Statutory Instruments Act shall not apply to First Nation or United Anishnaabeg Councils gchi-naaknigewin or First Nation law.
     
     
203. Current arrangements in relation to emergency preparedness and emergency response shall apply unless a subsequent agreement is reached with the First Nations, Canada and Ontario.
     
     
204. This Agreement shall be interpreted according to the Interpretation Act, with such modifications as the circumstances require.
     
     
205. On the coming into force of this Agreement, all the rights, titles, interest, assets, obligations and liabilities of the bands known as Beausoleil First Nation, Curve Lake First Nation, Hiawatha First Nation, and Moose Deer Point First Nation shall be vested in the respective First Nations.
     
     
206. A legal description of the First Nation land of each First Nation shall be included in each First Nation Specific Agreement.
     
     
207. A public official selected by e-dbendaagzijig shall have immunity from:
     
     
     1. personal liability for actions of the First Nation or the United Anishnaabeg Councils as the case may be; and
        
        
     2. personal liability for actions carried out in the course of their duties, in the absence of dishonesty, gross negligence, or malicious or wilful misconduct.
        
        
208. For the purposes of paragraph 149(1)(c) of the Income Tax Act, the United Anishnaabeg Councils and the First Nations are public bodies performing a function of government in Canada.
     
     
209. For the purposes of paragraphs 149(1)(d) to 149(1)(d.6) and subsections 149(1.1) to 149(1.3) of the Income Tax Act, the United Anishnaabeg Councils and each First Nation is deemed to be a Canadian municipality.
     
     
210. The mediator, arbitrator, or neutral evaluator, referred to in Part 10, shall neither represent nor testify on behalf of any party in any subsequent proceeding. The personal notes and written opinions of the mediator, arbitrator or neutral evaluator made in relation to this mediation, arbitration, or neutral evaluation may not be used in any subsequent proceeding.
     
     
211. Every determination made under Part 10 by an arbitrator is final and no order shall be made, process entered or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, mandamus, quo warranto or otherwise, to question, review or prohibit such determination.
     
     
212. No order shall be made, process entered or proceedings taken in any court, whether by way of injunction, certiorari, prohibition, mandamus, quo warranto or otherwise, to question, review or prohibit any other action under Part 10 of this Agreement by a mediator, neutral evaluator or arbitrator.
     
     
213. Despite clauses 211 and 212, the Attorney General of Canada or anyone directly affected by the matter in respect of which relief is sought may make an application under the Federal Courts Act on any of the grounds referred to in paragraph 18.1(4)(a) or (b) of that Act for any relief against a mediator, arbitrator or neutral evaluator, by way of an injunction or declaration or by way of an order in the nature of certiorari, prohibition, mandamus or quo warranto.