PART II

FUNDAMENTAL PRINCIPLES

1.

1. The purpose of this Agreement is to implement aspects of the inherent right of self-government by Westbank First Nation on Westbank Lands based on the recognition that the inherent right of self-government is an existing aboriginal right within section 35 of the Constitution Act, 1982.



2. This Agreement is not intended to constitute an expression by the Parties of any definitive legal views with respect to how an inherent right of self-government may ultimately be defined at law.

2.

1. This Agreement is not intended to restrict the capacity of Westbank First Nation to participate in any other process that may be established to implement the inherent right of self-government by First Nations on a tribal, regional or national basis.



2. Canada retains the discretion to set its criteria for parties with whom it negotiates self-government arrangements.

3. The arrangements set out in this Agreement reflect a government-to-government relationship between the Parties, within the framework of the Constitution of Canada and with the recognition that the inherent right of self-government is an existing aboriginal right within section 35 of the Constitution Act, 1982.

4.

1. This Agreement shall not constitute a treaty. This Agreement is without prejudice to treaty-making in British Columbia.



2. On the effective date of a treaty involving Westbank First Nation, Canada and the province, where that treaty includes governance provisions, this Agreement and any implementing legislation shall be superseded by that treaty.

5. Westbank Lands are "lands reserved for the Indians" under subsection 91(24) of the Constitution Act, 1867, and are reserves set apart by Her Majesty the Queen in right of Canada for the use and benefit of Westbank First Nation.

6. Nothing in this Agreement or the Legislation shall be construed as limiting or restricting either Party's position with respect to aboriginal rights, title, jurisdictions or interests.

7. Nothing in this Agreement or the Legislation shall be construed to abrogate or derogate from aboriginal rights recognized and affirmed by section 35 of the Constitution Act, 1982.

8. For greater certainty, nothing in this Agreement shall be construed as recognising or denying any aboriginal rights recognised and affirmed by section 35 of the Constitution Act, 1982.

9. Members who are Canadian citizens or permanent residents of Canada shall continue to be entitled to all of the rights and benefits of all other Canadian citizens or permanent residents of Canada applicable to them from time to time.

10. Westbank First Nation, or its Members, or both, shall be eligible to participate in and benefit from federal programs for aboriginal people in accordance with general criteria established from time to time, to the extent that Westbank First Nation has not assumed responsibility for provision of such benefits or programs.

11. Westbank First Nation, or its Members, or both, shall be entitled to rights under applicable federal legislation for Indians, Bands or aboriginal people in accordance with general criteria established under the legislation from time to time.

12. The implementation of this Agreement shall not affect the Okanagan Nation or other First Nations within the Okanagan Nation in their assertion of an inherent right of self-government.

13. The Parties agree that:

1. notwithstanding this Agreement, the overall fiduciary relationship between the Parties shall continue; and



2. as Westbank First Nation exercises jurisdiction and authority pursuant to this Agreement, fiduciary obligations owed by Canada to Westbank First Nation shall be as determined by the law respecting fiduciary relationships.

14. The implementation of this Agreement shall be conducted in good faith.

15. Following the Effective Date, and subject to this Agreement, the implementation plan and the financial transfer agreement, Council will determine when it will exercise any remaining jurisdictions set out in this Agreement.

16. To support the implementation of this Agreement, the Parties shall negotiate a financial transfer agreement and an implementation plan in accordance with the provisions of Parts XXV and XXVI.

17. Responsibility for the delivery of federal programs and services to Westbank First Nation and its Members shall remain with Canada until such time as Westbank First Nation assumes responsibility for the delivery of programs and services in accordance with, and subject to, this Agreement, the financial transfer agreement, the implementation plan or other agreements entered into between Westbank First Nation and Canada.

18. Westbank First Nation and Canada may enter into agreements from time to time with respect to specific matters contained in this Agreement.

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