An Agreement-in-Principle, the second to last stage in the treaty negotiation process, addresses all the subject matter in the earlier Framework Agreement. The K’ómoks First Nation Agreement-in-Principle (AIP), while not legally binding, forms the basis for final agreement negotiations.
A treaty will bring certainty with respect to K’ómoks First Nation’s rights to use, own and manage lands and resources throughout its traditional territory. It will provide the K’ómoks First Nation with modern governance tools to build strong and workable relationships with other governments, including federal, provincial and local governments.
The following outlines the elements of an eventual Final Agreement as outlined in the Agreement-in-Principle.
The K’ómoks First Nation Agreement-in-Principle land package consists of approximately 2,043 hectares of treaty settlement lands (including former reserves). Under a treaty, the land will be held in fee simple by the K’ómoks First Nation. Fee-simple ownership would give the K’ómoks First Nation the flexibility to manage their lands and generate long-term economic benefits.
Under a treaty, the K’ómoks First Nation would operate within the framework of the Constitution of Canada and the Canadian Charter of Rights and Freedoms will apply to the K’ómoks First Nation government.
The K’ómoks First Nation would have its own constitution that will provide for the structure of the K’ómoks First Nation government and include a process for K’ómoks members to challenge the validity of K’ómoks laws.
The First Nation’s Constitution would also provide for a government that is democratically and financially accountable to the members (those people who are enrolled in, and will benefit from, the treaty).
With the exception of determining Indian status, after a transition period the Indian Act would no longer apply to the K’ómoks First Nation, their lands or members.
In addition to K’ómoks laws, federal and provincial law would also apply on treaty settlement lands, or K’ómoks Lands. The treaty would set out which law prevails if a K’ómoks law conflicts with a federal or provincial law.
The K’ómoks First Nation would receive a capital transfer of $17.5 million with funding for programs and services, such as education, being provided through funding agreements.
The K’ómoks First Nation would have the right to harvest wildlife and migratory birds for food, social and ceremonial purposes within the K’ómoks Harvest Area. They will also have the right to gather plants for these purposes on provincial Crown lands within the K’ómoks Harvest Area. These rights would be subject to conservation measures, public health and public safety regulations.
The K’ómoks First Nation Agreement-in-Principle is available at: K'ómoks First Nation Treaty .
