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5 SELF-GOVERNMENT

5.1.1
Government shall enter into negotiations with the Gwich段n with a view to concluding agreements on self-government appropriate to the unique circumstances of the Gwich段n and in conformity with the Constitution of Canada.

5.1.2
A framework agreement which states the principles, process, schedule and agenda items for negotiation is set out in appendix B.

5.1.3
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.

5.1.4
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.

5.1.5
Self-government agreements shall not affect the rights of the Gwich段n as Canadian citizens or their entitlement to all the rights and benefits of other citizens applicable to them from time to time.

5.1.6
Subject to 3.1.15(a), 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.

5.1.7
Nothing in this agreement shall preclude the Gwich段n 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.

5.1.8
This agreement shall not be interpreted to preclude the possibility that Gwich段n institutions may acquire additional powers and authority through a process of transfer of further powers and authorities from government.

5.1.9
The objectives of self-government agreements shall be to describe the nature, character and extent of self-government, the relationship between government and Gwich段n institutions and to accommodate Gwich段n self-government within the framework of public government.

5.1.10
Self-government negotiations will address the Gwich段n desire to have self-government exercised as close to the community level as is reasonably possible.

5.1.11
Funding for self-government negotiations shall be according to government policy for selfgovernment negotiations.

5.1.12
Government and the Gwich段n agree that the development of a future constitution for the Northwest Territories is a priority. Government shall give the Gwich段n Tribal Council the opportunity to participate in any constitutional conference or similar process for reform of the constitution of the Northwest Territories.

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  Last Updated: 2004-04-13 top of page Important Notices