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Final Protocol Agreement

Final Protocol Agreement

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Published by Joe Fries
Proposed protocol agreement between the Regional District of Okanagan Similkameen and Penticton Indian Band, Osoyoos Indian Band and Lower Similkameen Indian Band
Proposed protocol agreement between the Regional District of Okanagan Similkameen and Penticton Indian Band, Osoyoos Indian Band and Lower Similkameen Indian Band

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Published by: Joe Fries on Apr 05, 2013
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07/10/2013

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PROTOCOLAGREEMENT
BETWEEN
The
Penticton
Indian
Band
of
the
OkanaganNation
(“PIE”)
ANDOsoyoos
Indian
Band
of
the
Okanagan
Nation
(OIB)AND
LowerSimilkarneen
Indian
Band
of
the
OkanaganNation
(LSI]3)
ANDThe
Regional
District
of
Okanagan-Similkameen
(LLRegional
District”)
WhEREAS
thePIB,LSJBand
0113
are
three
of
seven
Indian
Bands
(Lower
SimilkameenIndian
Band,Upper
SirnilkameenIndian
Band,
Osoyoos
Indian
Band,
PentictonIndian
Band,
Westbank
First
Nation,
OkanaganIndian
Band
and
Upper
Nicola
Band)
who
together
fonn
theOkanagan
Nation;
WhEREAS
the
Okanagan
Nation
is
comprised
of
the
original
inhabitants
and
stewards
of
thisbeautifulOkanagan
Region,
whose
aboriginaltitle
was
never
surrenderedor
extinguished,
WHEREAS
theRegional
District
alsohasa
responsibility
to
steward
the
Okanagan
Regionfor
the
mutual
prosperity
and
well-being
of
aboriginaland
non-aboriginal
residents
alike;
WhEREAS
the
Regional
District
is
a
local
govermnent
exercising
jurisdiction
and
authority
delegated
by
the
Province
pursuant
to
the
Local
Government
Act
RSBC
1996,
c.
323;
 
-2-
WHEREAS
the
Okanagan
Nation,
of
which
P113,
LSIB
and
OIB
are
members,exercises
inherent
jurisdiction
andauthority
to
practise
and
maintain
the
ancient
Okanaganculture,
traditions
andvalues,
which
include
systems
of
governance,
law
andsocial
organization
which
continue
to
evolve.The
P113,
LSIB
and
0113
also
exercises
jurisdiction
delegated
by
the
federal
governmentpursuant
to
the
Indian
Act,
RS.C.
1985,
c.1-5;
V
WHEREAS
the
Regional
District
recognizesthat
the
OkanaganNation,
of
which
PIB,
LSIB
and
V
OlE
are
members,
has
distinctive
constitutional
rights,
including
Aboriginal
title
andAboriginal
rights
that
flowfrom
their
prior
and
organized
occupation
of
their
territory,andthat
giverise
to
correspondingconstitutional
obligations
on
the
Crown,
including
uphOlding
the
honour
of
the
Crownthrough
ineaningfiul
reconciliation,accommodation
and
consultation;
WHEREAS
this
protocol
coincides
with
the
adoptionby
the
United
Nations
GeneralAssembly
of
the
Declaration
onthe
Rights
of
Indigenous
Peoples
onSeptember
7,
2007,
recognizingIndigenous
Peoples
rights
to
theirlands,
and
rights
to
self-determination,
to
maintain
and
strengthen
their
political,
legal,
economic,
social
and
culturalinstitutions,
to
participate
in
decisions
that
couldaffect
their
rights,
to
maintain
and
strengthçntheir
distinctive
spiritual
relationshipswith
their
territories
and
uphold
their
responsibilities
tofuturegenerations
and
to
the
conservation
and
protection
of
their
territories;
V
V
V
WHEREAS
theParties
celebrate
their.
culturaldifferences,
while
recognizing
thattheyhave
overlapping
and
mutual
interests,and
that
their
decisions
impact
one
another;
V
V
WHEREAS
thePartiesacknowledge
theirmutualinterest
and
responsibility
to
ensure
the
properstewardship
of
the
ecosystenis.inthe
region,
for
their
grandchildren
andgreat-grandchildren
to
come;
V
V
VV
V
WF[EREAS
the
Parties
have
in
the
past
worked
in
isolation
of
one
another
within
their
respectivejurisdictions,
and
now
wish
to
establish
a
Government
to
Government
relationship
to
identify,
consult
and
address
common
concerns
and
mutual
interests,
and
such
other
issues
of
importance
to
either
Party
as
may
arise
in
the
future.
V
V
V
 
-3-
TIIEREIORE
in
the
spirit
of
mutualrespect
and
cooperation,
the
Parties
agree
as
follows:
1.
PURPOSE
:
1.1
The
Purpose
of
this
Protocol
Agreement
isto
provide
a
framework
for
a)
fonnalizing
a
Government
toGovernment
relationship;
b)
recognizing
and
celebrating
diversity,
whilecooperating
with
each
other
to
achieve
mutual
prosperity;
V
c)
consultation,communication,
information
sharing,education,andcooperation
between
the
Parties;and
V
V
VV
V
d)
collaborativedecisionmaking
or
negotiations
inappropriate
areas
of
common
interest.
V
V
V
2.
V
V
COMMITMENTS
VVV
V
V
2.1
The
Parties
commit
to:
V
V
V
V
V
V
V
V
VV
VV
a)
implementing
this
Protocol
Agreementin
the
spirit
of
respect,
trust,
transparency
and
co-operation;
V.
V
V
V
V
VVV
V
V
b)
stewardship
of
the
land,
waters
and
ecosystems
of
the
Region
for
the
benefit
of
futuregenerations;
VV
V•
V
V
VV
c)
building
a
trustingrelationship
in
whichthe
Parties
can
seek
agreement
on
future
social,
economic
and
environmental
goals
and
priorities
for
the
region
through
accountability
and
transparency
in
communications
and
decision
making;
V
d)
developing
a
working
relationship
thatwillfoster
cooperation,
identify
common
concerns
and
interests,
establishformal
communications
and
optimizethe
region’sdiversemterests
in
planning
for
the
future,
e)
educating
about
Aboriginal
title
recognition,including
consultation
and
accommodation,and

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