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SECTION 3: AGREEMENT AND LEGISLATIVE APPROVAL
3.(1) Canada shall recommend to Parliament that this Agreement be approved, given effect and declared valid by suitable legislation.
3.(2) For greater certainty, it is the intention of the parties that this Agreement be a lands claims agreement within the meaning of subsection 35(3) of the Constitution Act, 1982.
3.(3) The Settlement Legislation approving, giving effect to and declaring valid this Agreement shall provide that, where there is inconsistency or conflict between either the Settlement Legislation or this Agreement and the provisions of any other federal, territorial, provincial or municipal law, or any by-law or regulation, the Settlement Legislation or this Agreement shall prevail to the extent of the inconsistency or conflict.
3.(4) Subject to the Settlement Legislation and in consideration of the rights and benefits in favour of the Inuvialuit set forth in this Agreement, the Inuvialuit cede, release, surrender and convey all their aboriginal claims, rights, title and interests, whatever they may be, in and to the Northwest Territories and Yukon Territory and adjacent offshore areas, not forming part of the Northwest Territories or Yukon Territory, within the sovereignty or jurisdiction of Canada.
3.(5) The Settlement Legislation approving, giving effect to and declaring valid this Agreement shall extinguish all aboriginal claims, rights, title and interests whatever they may be of all Inuvialuit in and to the Northwest Territories and Yukon Territory and adjacent offshore areas, not forming part of the Northwest Territories or Yukon Territory, within the sovereignty or jurisdiction of Canada.
3.(6) Nothing in this Agreement or in the Settlement Legislation shall remove from the Inuvialuit their identity as an aboriginal people of Canada nor prejudice their ability to participate in or benefit from any future constitutional rights for aboriginal people that may be applicable to them.
3.(7) The Settlement of the Inuvialuit land rights claim is without prejudice to:
(a) the aboriginal rights of any other native peoples based on traditional use and occupancy of lands; and
(b) their negotiation of a land claims settlement in respect thereof.
3.(8) Any rights and benefits extended in the Inuvialuit Settlement Region to other native peoples on the basis of traditional use and occupancy in accordance with the policy of Canada as stated in its Land Claims Settlement Policy of 1981 shall not prejudice the Inuvialuit with respect to any rights they receive under this Agreement and the Settlement Legislation.
3.(9) Nothing in this Agreement constitutes an admission by Canada or the Inuvialuit that any other native peoples have a demonstrated traditional use and occupancy within the Inuvialuit Settlement Region.
3.(10) The Inuvialuit may from time to time enter into agreements, such as that shown in Annex S, with organizations representing neighbouring native groups to resolve mutual or overlapping interests or to share rights, privileges and benefits. Such agreements may be amended from time to time with the consent of the signatories. For greater certainty, the agreement shown in Annex S is included for the purpose of information only and does not form part of this Agreement.
3.(11) The Settlement Legislation shall provide that Canada recognizes and gives, grants and provides to the Inuvialuit the rights, privileges and benefits specified in this Agreement in consideration of the cession, release, surrender and conveyance referred to in subsection (4).
3.(12) Subject to the provisions of this Agreement and the Settlement Legislation, the governments of the Northwest Territories and Yukon Territory will continue to have the jurisdiction they have had with respect to game management and may continue to pass legislation with respect to game management that is not inconsistent with this Agreement and the Settlement Legislation.
3.(13) The provisions of this Agreement may be amended with the consent of Canada as represented by the Governor in Council and the Inuvialuit as represented by the Inuvialuit Regional Corporation. As amended March 23, 1988
3.(14) As authority for the execution by the Inuvialuit of any amending agreement or instrument, Canada shall be entitled to rely on the certified extract of a resolution of the Board of Regional Councillors of the Inuvialuit Regional Corporation, supported by a members’ resolution certified to meet the requirements of subsection (15). As amended January 15, 1987
3.(15) A members’ resolution authorizing agreement by the Inuvialuit Regional Corporation to an amendment of this Agreement must be supported by a majority of members representing communities constituting at least fifty per cent of the Inuvialuit population resident in the Inuvialuit communities. As amended January 15, 1987
3.(16) Where any amendment to this Agreement requires consequential legislation to achieve its effect, Canada agrees to take all reasonable steps to put in place suitable legislation forthwith. As amended March 23, 1988
3.(17) Where any amendment of this Agreement has application to the governments of the Northwest Territories and Yukon Territory, Canada shall consult with those governments before agreeing to any such amendment.
Analysis
Summary
In Section 3 of the Agreement, various provisions regarding legislative approval, the cession of rights and interests, the recognition of rights and benefits, and the amendment process are outlined.
Canada will recommend to Parliament the approval and validation of this Agreement through suitable legislation.
It is intended that this Agreement be considered a land claims agreement under subsection 35(3) of the Constitution Act, 1982.
If there is any inconsistency between the Settlement Legislation or this Agreement and other laws or regulations, this Agreement and the Settlement Legislation will prevail.
The Inuvialuit cede and surrender all their aboriginal claims, rights, title, and interests in the specified areas, and the Settlement Legislation will extinguish these claims.
The Inuvialuit's identity as an aboriginal people of Canada will not be affected, nor will their ability to participate in future constitutional rights applicable to them.
The settlement of the Inuvialuit land rights claim does not prejudice the aboriginal rights of other native peoples or their negotiations for a land claims settlement.
The Inuvialuit's rights under this Agreement and the Settlement Legislation will not be prejudiced by any rights and benefits extended to other native peoples based on traditional use and occupancy.
Nothing in this Agreement constitutes an admission of demonstrated traditional use and occupancy by other native peoples within the Inuvialuit Settlement Region.
The Inuvialuit may enter into agreements with neighboring native groups to resolve mutual interests and share rights and benefits, subject to the consent of the signatories.
The Settlement Legislation will recognize and grant the specified rights, privileges, and benefits to the Inuvialuit in consideration of the cession.
The governments of the Northwest Territories and Yukon Territory will retain jurisdiction over game management, provided it is consistent with this Agreement and the Settlement Legislation.
The Agreement may be amended with the consent of Canada and the Inuvialuit, and appropriate legislation will be enacted if necessary.
The Inuvialuit Regional Corporation must pass a members' resolution authorizing any amendment to this Agreement, requiring majority support from Inuvialuit members representing at least 50% of the population in Inuvialuit communities.
If an amendment necessitates legislation, Canada will take necessary steps to enact it promptly.
Canada will consult with the governments of the Northwest Territories and Yukon Territory regarding any amendment that affects them.
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