14 PLANTS

14.1.1
The Gwich’in may gather plant material for food, medicine, cultural and other personal purposes and for purposes required in the exercise of wildlife harvesting rights within the settlement area, subject to legislation in respect of conservation, land management within local government boundaries, public health, public safety and protection of the environment from significant damage.

14.1.2
The Gwich’in right to gather plants set out in this chapter does not apply:

1. subject to 12.4.11(c), on lands held in fee simple, subject to an agreement for sale or surface lease;

2. upon Crown lands where it conflicts with the carrying out of any activity authorized or permitted by government such as a timber licence or land use permit;

3. in national parks except as permitted by the provisions of chapter 15; and

4. on lands described in 12.4.12(a).

14.1.3
Government shall consult with the Gwich’in Tribal Council with respect to the gathering of plants by the Gwich’in before legislating to regulate or prohibit gathering of plants.

14.1.4
Any legislation which regulates but does not prohibit the gathering of plants shall provide a preferential right of gathering by the Gwich’in for food, medicine, cultural and other personal uses and for purposes required in the exercise of wildlife harvesting rights and may describe on which lands and under what conditions the preferential right shall apply.

14.1.5

1. The cultural purposes in 14.1.1 include the trade of plant material gathered by the Gwich’in with other aboriginal persons for their personal consumption.

2. In (a), “aboriginal persons” means aboriginal persons

   1. who reside in and who are eligible to harvest wildlife in the Northwest Territories; or

   2. who are members of a Yukon First Nation and who reside in the Yukon.

3. Nothing in (a) is intended to confer any rights on any persons other than the Gwich’in.

14.1.6
Nothing in this agreement shall be construed to:

1. confer rights of ownership to plants except on Gwich’in lands;

2. guarantee the supply of any plants;

3. preclude persons who are not participants from gathering plants on lands other than Gwich’in lands, subject to legislation; or

4. entitle the Gwich’in to any compensation for damage to or loss of plants or gathering opportunities on lands other than Gwich’in lands.

Back