Bill C-34
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SUMMARY |
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This enactment fulfils a commitment made by Canada under
self-government agreements with Yukon first nations. The Umbrella
Final Agreement, signed by the Council for Yukon Indians and the
Governments of Canada and the Yukon, contemplates self-government
agreements with each Yukon first nation that enters into a land claims
final agreement. These agreements provide that they are to be brought
into effect by federal and territorial legislation.
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Four of the fourteen Yukon first nations have already concluded
self-government agreements. Those agreements will be brought into
effect by this enactment when it comes into force. The enactment
provides authority for future self-government agreements to be brought
into effect by the Governor in Council.
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When a self-government agreement is in effect, a first nation
succeeds to the rights, obligations, assets and liabilities of the Indian Act
band that preceded it. With limited exceptions, the provisions of the
Indian Act do not apply to the first nation or its citizens.
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Under self-government agreements and this enactment, first nations
have defined powers to enact laws governing their citizens and
activities occurring within their lands. In certain cases, first nation laws
may prevail over territorial laws. Interim provisions governing court
jurisdiction and criminal justice are included pending further
negotiation of these issues by first nations, Canada and the Yukon.
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Existing Acts containing references to Indian bands, band councils
and reserves are amended by the addition of references to Yukon first
nations, their governing bodies and first nation lands.
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