“3.4 Survival of Lands Conditions. Notwithstanding 3.2
[termination of theagreement]
, and subject to a Final Reconciliation Agreement, where any of theLands are transferred under this Agreement, Articles 7, 10 and 12 will survive thecompletion of the transfers or the termination of this Agreement and, for greater
certainty, will continue to apply to the Lands.”
This clause says that even if the province terminates this agreement (3.2), by Article 7 the Snuneymuxw are still on the hook for any environmentalliabilities and damage both above and below ground.
By article 10b the Lands cannot be added to and designated as reservelands as in section 91(24) of the
Also by Article 10.1(c):
“the Lands are subject to provincial and local government laws, including
applicable zoning, land use, land development and property tax laws, andat no time after Closing will the Snuneymuxw First Nation challenge the
applicability of provincial laws to the Lands.”
This article speaks for itself. So the Lands, bound by the provincial andlocal laws, will be transferred from the Province to a Designated Company, bound by the laws of the province, owned by the Snuneymuxw. This is nodifferent than if the crown was to turn land over to a private company,save for the fact that the Snuneymuxw are on the hook for any potentialenvironmental liabilities.
For even further clarity this means giving up ANY existingaboriginal rights to that land and being under the complete jurisdiction of the settler government.
This is why these agreementsshould be held to a referendum just as a final agreement would be; it
the aboriginal rights held by all Snuneymuxw.
That’s not all.
The agreement also outlines “Permitted Encumbrances,” which
essentially means no interference with any existing title registered under the
Land Title Act
, any exceptions contained in any previous Crown grant of theland, water licenses, grants and rights under the
Mineral Tenure Act, Coal Act
Petroleum and Natural Gas Act
among other things.To add to this point,
in article 5.2, the Snuneymuxw are required to terminate any objectionsthey have with ANY and ALL referrals from the province(due to the
crown’s “duty to consult”
First Nations, when issuing a permit for anythingthey must send a
to the associated First Nation whose rights couldpotentially be infringed upon by the granting of said permit).Furthermore, by article 4.1(e), the Province has fulfilled its duty-to-consult with regards to all Lands and all Permitted Encumbrances.
Finally, throughout the agreement
are referred to inseveral articles: