OTHER ABORIGINAL PEOPLE. 2.12.1 Nothing in this Agreement affects, recognizes or provides any rights under section 35 of the Constitution Act, 1982 for any aboriginal people other than Yale First Nation.
2.12.2 If a superior court of a province, the Federal Court of Canada or the Supreme Court of Canada finally determines that any aboriginal people, other than Yale First Nation, has a right under section 35 of the Constitution Act, 1982 that is adversely affected by a provision of this Agreement:
a. that provision will operate and have effect to the extent it does not adversely affect that right; and
b. if the provision cannot operate and have effect in a way that it does not adversely affect that right, the Parties will make best efforts to amend this Agreement to remedy or replace that provision.
2.12.3 If Canada or British Columbia enters into a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982 with any other aboriginal people and that treaty or land claims agreement adversely affects the Section 35 Rights of Yale First Nation as set out in this Agreement:
a. Canada or British Columbia, or both, as the case may be, will provide Yale First Nation with additional or replacement rights, or other appropriate remedies; and
b. at the request of Yale First Nation, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights, or other appropriate remedies.
OTHER ABORIGINAL PEOPLE. 2.5.1 No provision in the Final Agreement will be construed to:
(a) recognize or provide any Aboriginal or treaty rights for any Aboriginal People; or
(b) affect:
(i) any treaty right of any Aboriginal People, where the right existed before the provision of Final Agreement was in effect, or
(ii) any Aboriginal Rights of any Aboriginal People, other than individuals eligible to be enrolled under the Final Agreement.
2.5.2 If a superior court of a province or territory, the Federal Court of Canada or the Supreme Court of Canada finally determines that 2.5.1 has the effect of rendering a provision of the Final Agreement wholly or partially inoperative or ineffective because that provision of the Final Agreement would otherwise affect any right referred to in 2.5.1(b)
(a) upon notice by a Party, the Parties will enter into negotiations for the amendment of the Final Agreement in order to resolve any problems caused by that provision being wholly or partially inoperable or ineffective and to provide new or replacement rights that are equivalent to or compensate for any rights of Métis Members or the NWTMN that would have been enjoyed under the provision; and
(b) if the Parties fail to reach agreement on an amendment under 2.5.2
(a) within 90 days’ of the notice, a Party may refer the matter of compensation for resolution in accordance with the Dispute Resolution chapter.
2.5.3 If Canada or the Government of the Northwest Territories enters into a treaty or a Land Claims Agreement, with any other Aboriginal People and that treaty or Land Claims Agreement adversely affects the rights of the NWTMN as set out in the Final Agreement, Canada or the Government of the Northwest Territories, or both, as the case may be, will provide the NWTMN with additional or replacement rights or other appropriate remedies.
2.5.4 At the request of the NWTMN, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights or other appropriate remedies contemplated by 2.5.3.
2.5.5 If the Parties are unable to reach agreement on the provision of the additional or replacement rights or other appropriate remedies contemplated by 2.5.3, the provision of appropriate remedies will be
2.5.6 The NWTMN acknowledges that in the course of Final Agreement negotiations, Government will continue to consult other Aboriginal groups who have established rights protected by section 35 of the Xxxxxxxxxxxx Xxx, 0000, or who assert that they have rights ...
OTHER ABORIGINAL PEOPLE. 7.1. Nothing in this Accord affects or recognizes any rights under section 35 of the Constitution Act, 1982 of any other Aboriginal peoples.
OTHER ABORIGINAL PEOPLE. 2.8.1 Nothing in the 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 or the Inuvialuit.
OTHER ABORIGINAL PEOPLE. Nothing in this Agreement affects, recognizes, or provides any rights under section 35 of the
OTHER ABORIGINAL PEOPLE. 1.13.1 Nothing in the Final Agreement will affect, recognize or provide any rights under section 35 of the Constitution Act, 1982 for any aboriginal people other than Sechelt.
1.13.2 The Final Agreement will provide that if a superior court of a province, the Federal Court of Canada or the Supreme Court of Canada finally determines that any aboriginal people, other than Sechelt, has rights under section 35 of the Constitution Act, 1982 that are adversely affected by a provision of the Final Agreement:
a. the provision of the Final Agreement will operate and have effect to the extent that it does not adversely affect those rights; and
b. if the provision of the Final Agreement cannot operate and have effect in a way that does not adversely affect those rights, the Parties will make best efforts to amend the Final Agreement to remedy or replace the provision.
1.13.3 The Final Agreement will provide that if Canada or British Columbia enters into a treaty or a land claims agreement, within the meaning of sections 25 and 35 of the Constitution Act, 1982, with any other aboriginal people, and that treaty or land claims agreement adversely affects Sechelt's section 35 rights as set out in the Final Agreement:
a. Canada or British Columbia, or both, as the case may be, will provide Sechelt with additional or replacement rights or other appropriate remedies;
b. at the request of Sechelt, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights or other appropriate remedies; and
c. if the Parties are unable to reach agreement on the provision of the additional or replacement rights or other appropriate remedies, the provision of those additional or replacement rights or remedies will be determined in accordance with the Dispute Resolution Chapter in the Final Agreement.
