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ARTICLE · 10 AUGUST 2022

Are First Nation Shared Decision-Making And Collaboration Agreements Being Used Illegally?

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In recent years the province of British Columbia has increasingly focused on reaching "non-treaty agreements" with Indigenous groups. Unlike treaties, they are not enshrined into law by federal...

CanadaGovernment, Public Sector

Introduction

In recent years the province of British Columbia has increasingly focused on reaching "non-treaty agreements" with Indigenous groups. Unlike treaties, they are not enshrined into law by federal or provincial statute. For example when the Nisga'a treaty was signed, the Legislature passed the Nisga'a Final Agreement Act, S.B.C. 1999, c. 2. Section 3 of that Act states:

3 (1) The Nisg_a'a Final Agreement is approved, given effect, declared valid and has the force of law.

(2) Without limiting subsection (1), a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Nisg_a'a Final Agreement and must perform the duties and is subject to the liabilities imposed on the person or body by the Nisg_a'a Final Agreement...1

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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