Common use of OTHER ABORIGINAL PEOPLES Clause in Contracts

OTHER ABORIGINAL PEOPLES. 1.12.1 Nothing in this Agreement affects, recognizes or provides any rights under section 35 of the Constitution Act, 1982 for any aboriginal people other than Maa-nulth First Nations. 1.12.2 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 a Maa-nulth 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. 1.12.3 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 Maa-nulth First Nation Section 35 Rights as set out in this Agreement, Canada or British Columbia, or both, as the case may be, will provide the applicable Maa-nulth First Nation with additional or replacement rights or other appropriate remedies. 1.12.4 At the request of the applicable Maa-nulth First Nation, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights or other appropriate remedies contemplated by 1.12.3. 1.12.5 If the Parties are unable to reach agreement on the provision of the additional or replacement rights or other appropriate remedies as contemplated by 1.12.4, the provision of those additional or replacement rights or remedies will be determined in accordance with Stage Three of Chapter 25 Dispute Resolution.

OTHER ABORIGINAL PEOPLES. 1.12.1 Nothing in this Agreement affects, recognizes or provides any rights under section 35 of the Constitution Act, 1982 for any aboriginal people other than Maa-nulth First Nations. 1.12.2 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 a Maa-nulth 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. 1.12.3 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 Maa-nulth First Nation Section 35 Rights as set out in this Agreement, Canada or British Columbia, or both, as the case may be, will provide the applicable Maa-nulth First Nation with additional or replacement rights or other appropriate remedies. 1.12.4 At the request of the applicable Maa-nulth First Nation, the Parties will negotiate and attempt to reach agreement on the provision of those additional or replacement rights or other appropriate remedies contemplated by 1.12.3. 1.12.5 If the Parties are unable to reach agreement on the provision of the additional or replacement rights or other appropriate remedies as contemplated by 1.12.4, the provision of those additional or replacement rights or remedies will be determined in accordance with Stage Three of Chapter 25 Dispute Resolution.