3 GENERAL PROVISIONS

3.1.1
In this chapter,

“Gwich’in” means a person of Gwich’in (also referred to as Loucheux) ancestry who resided in, or used and occupied the settlement area on or before December 31, 1921, or is a descendant of such person.

3.1.2
This agreement shall be a land claim agreement within the meaning of section 35 of the Constitution Act, 1982.

3.1.3

1. This agreement has been ratified by the Gwich’in and Canada in accordance with the process set out in appendix E.

2. Enactment of settlement legislation by Parliament is a condition precedent to the validity of this agreement which shall be effective from the date of settlement legislation and, in the absence of such approval, this agreement is null and void and of no effect.

3.1.4
Canada shall recommend to Parliament that this agreement be approved, given effect and declared valid by legislation.

3.1.5
Nothing in this agreement or in the settlement legislation shall remove from the Gwich’in their identity as aboriginal people of Canada or, subject to 3.1.12 and 3.1.13, affect their ability to participate in or benefit from any existing or future constitutional rights for aboriginal people which may be applicable to them.

3.1.6
Nothing in this agreement shall affect the ability of Gwich’in to participate in and benefit from government programs for status Indians, non-status Indians or Metis, as the case may be. Benefits received under such programs shall be determined by general criteria established from time to time.

3.1.7
Nothing in this agreement shall affect the rights of the Gwich’in as Canadian citizens and they shall continue to be entitled to all the rights and benefits of all other citizens applicable to them from time to time.

3.1.8
Nothing in this agreement shall affect the status under the Indian Act, R.S. 1985, c. I-5, of any Gwich’in or of any Indian band in the settlement area.

3.1.9
Gwich’in lands shall be deemed not to be lands reserved for Indians within the meaning of the Constitution Act, 1867 nor reserves within the meaning of the Indian Act, R.S. 1985, c. I-5.

3.1.10
Nothing in this agreement shall prejudice the devolution or transfer of jurisdiction or powers from Canada to the Government of the Northwest Territories.

3.1.11
The parties recognize the historical and cultural importance of Treaty 11 and agree that there shall be annual meetings to affirm this recognition, to make annual treaty payments and to recognize the importance of this agreement.

3.1.12
In consideration of the rights and benefits provided to the Gwich’in by this agreement, the Gwich’in cede, release and surrender to Her Majesty in Right of Canada all their aboriginal claims, rights, titles and interests, if any, in and to lands and waters anywhere within Canada.

3.1.13
In consideration of the rights and benefits provided to the Gwich’in by this agreement, the Gwich’in cede, release and surrender to Her Majesty in Right of Canada all their claims, rights or causes of action whether collective or individual which they ever had, now have or may hereafter have under, arising out of or by reason of:

1. the obligation in Treaty 11 to set aside reserves, and the Gwich’in hereby acknowledge that no reserves were ever set aside in the settlement area pursuant to this obligation;

2. the once and for all obligations in Treaty 11, which the Gwich’in acknowledge have been fulfilled by Her Majesty in Right of Canada, to provide the Indians with

   1. a payment of thirty-two dollars to each chief, twenty-two dollars to each headman, and twelve dollars to every other Indian,
   2. medals, flags, copies of the Treaty, and
   3. equipment for hunting, fishing and trapping to the value of fifty dollars for each family;
   
   

3. the obligation in Treaty 11 to provide the Indians with

   1. tools for bands that select a reserve,
   2. such assistance as is deemed necessary for the purpose of following agricultural pursuits, and
   3. suits of clothing for chiefs and headmen;
   
   

4. the right specified in Treaty 11 of the Indians to pursue their usual vocations of hunting, fishing and trapping, but this right shall only be ceded, released and surrendered

   1. within the settlement area, the Western Arctic Region, the treaty area east of the Western Arctic Region and north of the Sahtu Settlement Area, and the Yukon, and
   2. within any other region in which a comprehensive land claim agreement based upon the April 9, 1990 Dene/Metis Comprehensive Land Claim Agreement is concluded and approved by Parliament, provided that the participants under such land claim agreement surrender their treaty rights in respect of hunting, fishing and trapping in the settlement area; and
   
   
5. any Imperial or Canadian legislation or Order-in-Council or other action of the Governor in Council or Canada in relation to Metis or half-breed scrip or money for scrip.

3.1.14
Canada hereby confirms existing treaty rights arising out of those parts of Treaty 11 which are not surrendered in 3.1.13.

3.1.15
Nothing in this agreement shall be construed to affect:

1. any aboriginal or treaty right to self-government which the Gwich’in may have; and

2. hunting, trapping or fishing rights under a Natural Resources Transfer Agreement, or under treaty in British Columbia, Alberta, Saskatchewan and Manitoba of any person who is eligible to participate in this agreement.

3.1.16
Nothing in this agreement shall be construed to affect, recognize or provide any rights under section 35 of the Constitution Act, 1982 for any aboriginal peoples other than the Gwich’in.

3.1.17
In consideration of the rights and benefits provided to the Gwich’in by this agreement, the Gwich’in agree on their behalf, and on behalf of their heirs, descendants and successors not to assert any cause of action, action for a declaration, claim or demand of whatever kind or nature which they ever had, now have or may hereafter have against Her Majesty in Right of Canada or any province, the government of any territory or any person based on any claim, right, title or interest described in 3.1.13.

3.1.18

1. In consideration of the rights and benefits provided to the Gwich’in by this agreement, the Gwich’in Tribal Council and the Gwich’in organizations designated pursuant to chapter 7 and successor organizations or assigns of such organizations hereby agree to indemnify and forever save harmless Her Majesty in Right of Canada from all manner of suits and actions, causes of action, claims, demands, damages, costs or expenses, liability and entitlement, initiated, made or incurred after this agreement, whether known or unknown against Canada which any person who is eligible to participate in this agreement, including any heir, successor or permitted assign of such a person, ever had, now has or may hereafter have against Canada relating to or in any way arising from the claims, rights, titles and interests described in 3.1.13.

2. Canada shall vigorously defend any such suit or action, cause of action, claim or demand and shall not compromise or settle any such suit or action, cause of action, claim or demand without the consent of the Gwich’in Tribal Council.

3. The Gwich’in shall not be required to pay Canada’s costs under (a) and (b).

4. For greater certainty, the right to be indemnified set out herein shall not extend to any manner of suit or action, cause of action, claim, demand, damage, cost or expense, liability or entitlement relating to or in any way arising from the failure of Her Majesty in Right of Canada to carry out Her obligations under this agreement.

3.1.19
This agreement may be examined as an aid to interpretation where there is any doubt in respect of the meaning of any legislation implementing the provisions of this agreement.

3.1.20
There shall not be any presumption that doubtful expressions in this agreement be interpreted in favour of government or the Gwich’in.

3.1.21
This agreement shall be the entire agreement and there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it.

3.1.22
Subject to 3.1.23, all federal, territorial and local government laws shall apply to the Gwich’ in and to Gwich’in lands.

3.1.23
Where there is any inconsistency or conflict between the settlement legislation or this agreement and the provisions of any law, the settlement legislation or this agreement, as the case may be, shall prevail to the extent of the inconsistency or conflict.

3.1.24
Neither government nor the Gwich’in shall challenge the validity of any provision of this agreement.

3.1.25
Subject to 3.1.18, neither government nor the Gwich’in shall have a claim or cause of action based on a fmding that any provision of this agreement is invalid.

3.1.26
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, government and the Gwich’in shall make best efforts to amend this agreement to remedy the invalidity or replace the invalid provision.

3.1.27

1. The provisions of this agreement may be amended with the consent of government, as represented by the Governor in Council, and the Gwich’in as represented by the Gwich’in Tribal Council.

2. Government shall be entitled to rely on the written decision of the Board of Directors of the Gwich’in Tribal Council as evidence of the consent of the Gwich’in.

3. Where any amendment of this agreement would affect the programs or responsibilities of the Government of the Northwest Territories, or would be a matter within its jurisdiction that amendment may not be made without the consent of the Government of the Northwest Territories as represented by the Executive Council.

3.1.28
Government shall consult with the Gwich’in Tribal Council in the planning of the institutions and the preparation of the settlement legislation and other legislation proposed to implement the provisions of this agreement.

3.1.29
Notwithstanding any other provision of this agreement, government is not required to disclose any information that it is required or entitled to withhold under any act relating to access to information. Where government has discretion to disclose any information, it shall take into account the objects of this agreement in exercising that discretion.

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