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PART V
APPLICATION OF LAW
29. Federal law shall continue to apply to Westbank First Nation, Council,
Westbank Lands and Members. In the event of a conflict between a Westbank
Law and a federal law, priority shall be determined in accordance with
this Agreement.
30. A federal law shall prevail in the event of a conflict between a
federal law and a Westbank Law, to the extent of the conflict, where the
subject matter of the federal law is a subject matter in relation to which
Westbank First Nation has no jurisdiction set out in this Agreement.
31. In the event of a conflict between a Westbank Law and a federal law
that relates to the peace, order and good government of Canada, the federal
law shall prevail to the extent of the conflict.
32. The government of Westbank First Nation and Council in respect of
all matters under its authority are bound by the provisions of the Canadian
Charter of Rights and Freedoms with due regard for section 25 of the
Charter which provides that the guarantee in the Charter
of certain rights and freedoms shall not be construed so as to abrogate
or derogate from any aboriginal, treaty or other rights or freedoms that
pertain to the aboriginal peoples of Canada, and the rights and freedoms
guaranteed by the Charter are enforceable in respect of the government
of Westbank First Nation and the Council.
33. In the event of a conflict between either this Agreement or the Legislation,
or both, and other federal law, this Agreement or the Legislation, or
both, shall prevail to the extent of the conflict.
34.
- Subject to any other act of Parliament, all provincial laws of general
application from time to time in force in British Columbia are applicable
to and in respect of Members, except to the extent that those laws are
in conflict with this Agreement, the Legislation or any Westbank Law,
and except to the extent that those laws make provision for any matter
for which provision is made by or under this Agreement or the Legislation
or Westbank Law.
- For greater certainty, subsection 34(a) is intended to have the same
effect on provincial laws of general application as section 88 of the
Indian Act has on provincial laws of general application.
35. The operation of this Agreement shall not limit the authority of
Canada or the Minister of National Defence to carry out activities related
to national defence, security and public safety.
36.
- As a general principle, Westbank First Nation shall take all necessary
measures to ensure compliance of its laws and actions with Canada's
international legal obligations.
- Notwithstanding subsection 36(a), Westbank First Nation shall remedy
any Westbank Law or action found to be inconsistent with Canada's international
legal obligations by an international treaty body or other competent
tribunal.
37. Federal legislation relating to endangered species and fish and fish
habitat shall prevail in the event of a conflict with Westbank Law to
the extent of the conflict.
38. Federal legislation setting out obligations with respect to the collection
of statistics and reporting on natural resources in Canada shall prevail
in the event of a conflict with Westbank Law to the extent of the conflict.
39. For greater certainty, the jurisdictions to be exercised by Council
set out in this Agreement do not extend to matters not specifically addressed
in this Agreement including:
- criminal law, including the procedure in criminal matters;
- protection of the health and safety of all Canadians;
- intellectual property, in respect of all matters within federal jurisdiction;
and
- broadcasting and telecommunications.
40. Nothing in this Agreement shall affect the applications of Crown
prerogatives and Crown immunities.
41. In the event of a conflict between a provision of this Part and any
other provision in the Agreement, the provision of this Part shall prevail
to the extent of the conflict.
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