About our Gwich'in Government Agreement

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Gwich'in Government Agreement chapter summaries

Descriptions of each chapter are below. Sign in to review an updated Draft of the Agreement.

Preamble

The Preamble provides the Gwich'in historical context, values, principles and timeline. It reaffirms that the Gwich'in have been an autonomous, self-governing nation since time immemorial. The Government of Canada recognizes the nation-to-nation relationship through the signing of Treaty 11 in 1921 and the Gwich'in Comprehensive Land Claim Agreement signed in 1992.

Furthermore, the Governments of Canada and Northwest Territories recognize that the inherent right of self-government is an existing Aboriginal right under section 35 (1) of the Constitution Act, 1982.

Chapter 1: Achieving Gwich'in Government through Agreement

The purpose(s) of the Gwich'in Government Agreement are described in chapter 1. These statements present the parties involved in this Agreement; are the Gwich'in Tribal Council, Ehdiitat, Nihtat, Gwichya, and 'Tetl'it Gwich'in Councils, the Government of Canada, and the Government of Northwest Territories. The parties share a common understanding of the intent of this Agreement. Also, this section explains the legal effect of the Gwich'in Government Agreement. The Gwich'in Government Agreement will be a valid and binding obligation upon the Parties.

Chapter 2: Recognition of Gwich’in Government

Gwich'in will have two levels of government: Dinjii Zhuh (regional level) and Gwich'in Community Government (community level). These governments will have their own roles and responsibilities as described in the Gwich'in Government Agreement and be formally recognized by Canada and GNWT.

Chapter 3: Transitioning to Gwich’in Governments

There will be a transition from our current government to the new government structure on the effective date. As a result, our present community Gwich'in Councils and Bands will become Gwich'in Governments.

Chapter 16 provides further information on the transition to self-government.

Chapter 4: Dinjii Zhuh - Gwich’in Regional Government

Chapter 4 explains how the Dinjii Zhuh Government can make laws in specific areas and how that will be done.

4.1 Jurisdiction:

This section defines areas where the Dinjii Zhuh Government has law-making authority, such as establishing Gwich'in institutions.

4.2 Constitution:

This section describes the content of the Gwich'in Constitution and how the Dinjii Zhuh Government will approve it.

4.3 Power and Authority:

Under the Gwich'in Government Agreement, this section defines the composition, structure and role of the Dinjii Zhuh Government, including its power and authority.

4.4. Administration of Justice:

This section gives authority to the Gwich'in Government to establish, maintain, organize and operate the administration of justice services to:

  1. judge violations of Gwich'in Government law;
  2. resolve disputes arising under Gwich'in Government law;
  3. review administrative decisions of the Gwich'in Government  institution, and
  4. enforce sanctions and decisions. The Parties will negotiate this provision further in the future.

4.5 Registration of Laws:

This section provides direction on how the Dinjii Zhuh Government shall maintain a public registry of the Constitution, including any amendment to the Constitution.

The Dinjii Zhuh Government has an obligation to maintain a public registry of Dinjii Zhuh Government laws in English and Gwich'in. It is also required to provide a copy to the Gwich'in Community Governments, Canada and the Government of the Northwest Territories in English of each Dinjii Zhuh Government law with a copy of any amendment.

Chapter 5: Gwich'in Regional Government

Chapter 5 explains how the Gwich'in Community Government can make laws in specific areas and how that will be done.

5.1 Jurisdiction:

This section defines areas where the Gwich'in Community Government has law-making authority.

5.2 Constitution:

This section describes the content of the Gwich'in Constitution and how the Gwich'in Community Governments will approve it. 

5.3 Power and Authority:

Under the Gwich'in Government Agreement, this section defines the composition, structure and role of the Gwich'in Community Government, including its power and authority.

5.4 Delegation:

This section stipulates that the Dinjii Zhuh Government may delegate jurisdiction to a Gwich'in Government, another government or an institution.

For this purpose, a written agreement with the delegate is required, and it should include the following aspects:

  • A description of the jurisdiction or authority being delegated;
  • The duration of the delegation;
  • The terms under which the delegation may be amended, renewed or terminated;
  • The financial arrangements; and
  • Provision for periodic review.

Section 5.5 Registration of Laws:

This section provides direction on how the Gwich'in Community Government shall maintain a public registry of the Constitution, including any amendment to the Constitution.

The Gwich'in Community Government has an obligation to maintain a public registry of Gwich'in Community Government laws in English and Gwich'in. It is also required to provide a copy to the Gwich'in Community Governments, Canada and the Government of the Northwest Territories in English of each Gwich'in Community Government law with a copy of any amendment.

Chapter 6: Elections

6.1. Establishment of elections

This section outlines how elections should be held for the Dinjii Zhuh Government and the Gwich'in Community Governments.

6.2 Right to vote: Dinjii Zhuh elections

This section determines the requirements to have the right to be nominated and the right to vote for the Dinjii Zhuh Government.

6.3 Right to Vote: Gwich'in Community Government elections

This section determines the requirements to have the right to be nominated and the right to vote for the Gwich'in Community Government.

6.4 Right to stand for office

This section explains that any person who has the right to vote has the right to be elected and hold office as provided in Dinjii Zhuh Government law or the respective Gwich'in Community Government law.

6.5. First elections

This clause explains that the first elections of the Dinjii Zhuh Government and Gwich'in Community Government should be held before the effective date in conformity with a resolution of the Gwich'in Tribal Council and the relevant Community Designated Gwich'in Organization, with respect to the Elections Chapter.

Chapter 7: Citizenship

7.1. Jurisdiction

In this section, it is defined that Dinjii Zhuh Government has the power to make laws in relation to Gwich'in citizenship.

7.2. Eligibility

This section contains all requirements to be considered a Gwich'in citizen.

Chapter 8: Financial Relations

8.1. General

This section states that the fiscal relationship with the Government of Canada and the Government of Northwest Territories is essential for implementing the Gwich'in Government Agreement.

The Parties will negotiate further provisions.

Chapter 9: Housing

9.1. General

This section states that the fiscal relationship with Canada and the Government of Northwest Territories is essential for housing for Gwich'in citizens under this Agreement.

Currently, the Government of Canada is developing a new publicly available policy on Indigenous housing in collaboration with self-governing Nations.

The Parties will negotiate further provisions.

Chapter 10: Culture and Language

10.1. Jurisdiction

This section defines areas where the Dinjii Zhuh Government has law-making authority within the Gwich'in Settlement Region, such as:

  • official languages of the Gwich'in;
  • preservation, promotion and development of the Gwich'in culture, language, values and protocol of Gwich'in;
  • preservation, promotion and development of Gwich'in;
  • establishment and regulation of Gwich'in Government facilities; and
  • certification and regulation of persons to teach the Gwich'in culture, history, knowledge and language.
Chapter 11: Taxation

11.1. Definitions

The terms '' Direct '' and '' Person '' are defined to foster the readers' understanding in this section.

11.2. Gwich'in Government Jurisdiction

This section describes areas where the Gwich'in Government has law-making authority with respect to direct taxation of Gwich'in citizens within the Gwich'in Settlement Region and in Gwich'in Communities.

The Parties will negotiate further provisions.

Chapter 12: Economic Development

This Chapter explains that Dinjii Zhuh Government, in collaboration with the Gwich'in Community Governments, may exercise its law-making authority under the Gwich'in Government Agreement, as such:

  • promote economic development, employment and training;
  • establish Gwich'in institutions to increase opportunities for economic development;
  • establish economic development programs and services in the Gwich'in Settlement Regions; and
  • address additional matters to the foregoing.

The Parties will negotiate further provisions.

Chapter 13: Lands

13.1. Jurisdiction

This section defines areas where the Dinjii Zhuh Government has law-making authority with respect to the use, management, administration, control and protection of Settlement lands.

The Parties will negotiate further provisions.

Chapter 14: Program and Service Delivery

This chapter is currently under review by the Parties.

Chapter 15: Intergovernmental Service Agreement

This chapter is currently under review by the Parties.

Chapter 16: Implementation

16.1. Implementation Plan

This section describes all the elements required to develop the Implementation Plan to implement the Gwich'in Government Agreement.

16.2. Status of the Implementation Plan

This section provides direction after the completion of the Implementation plan. It also explains the legal effect of the Implementation plan once it is achieved. 

16.3. Implementation Committee

This section sets the composition of the Implementation committee. It also outlines the terms and conditions of operating the Implementation committee.

Chapter 17: Dispute Resolution

This chapter describes the dispute resolution process if any disagreements happen between the Gwich'in Governments, the Government of Canada and the Government of the Northwest Territories related to the Gwich'in Government Agreement.

17.1. General

This section defines the terms '' Parties and '' Disputants '' to foster the readers' understanding. Also, it is intended to provide preliminary information before beginning a dispute resolution process.

17.2. Invoking the Process

This section states that providing written notice to the other parties is necessary to begin the dispute resolution. This notice has to identify the parties, provide details of the dispute, and describe the efforts taken to resolve the dispute. 

17.3. Notice

This section provides instructions on how the notice should be delivered to the parties. It could be transmitted by fax, electronic transmission or delivered personally.

17.4 Staged Process

If the disputes are not resolved through dialogue, the Parties can begin Stage 1.

17.5. Stage 1: Non-facilitated Discussion

The first step in settling disagreements will be a formal dialogue between the concerned governments. The governments will choose representatives to make decisions and discuss in good faith. The non-facilitated discussion can terminate if there is an agreement with governments to resolve the issues or if they decide to move to the next step of the process.

17.6. Stage 2: Facilitated Processes

If the disagreeing governments are unable to resolve their dispute, they can choose the following option:

  • Mediation
  • Neutral evaluation
  • Technical advisory panel
  • Gwich'in practices for settling disagreements
  • Any other dispute resolution process.

 17.7 Stage 3: Adjudicative process

A. Arbitration

If the facilitated discussions are unsuccessful, the governments can select an arbitrator to resolve their disagreement. The arbitrator will have the authority to take action to resolve the dispute.  

B. Legal proceedings

Legal proceedings can commence to prevent the loss of a right due to the expiration of the timeline and obtain the current status of the dispute resolution process.

17.8. Confidentiality of information

This section states that the information regarding the dispute resolution process remains strictly confidential unless the Parties agree to release the information publicly.

Chapter 18: Future Negotiations

18.1 Obligation to Negotiate

This section states that the Dinjii Zhuh Government must submit a written notice to the Governments of Canada and the Northwest Territories to commence negotiations to take over other responsibilities.

18.2 Future Negotiations

This section explains the procedures to negotiate other subject matters in the future by Gwich'in Government, which includes:

  • Income support
  • Child family services
  • Justice
  • Health
  • Social services
  • Early Childhood
  • Education training
Chapter 19: Review, Amendment and Orderly Process

This section explains the procedures and requirements to request a review of specific matters in the Gwich'in Government Agreement by the Parties.

The Parties will negotiate further provisions.

Chapter 20: Ratification

This section explains the procedures and requirements to approve the Gwich'in Government Agreement by the Parties. It also provides specific instructions for the approval of the Gwich'in participants.

The Parties will negotiate further provisions.

Chapter 21: General Provision

This section provides detailed information on how to read the document and understand the laws regarding the Gwich'in Government Agreement on specific aspects as such:

 

  • Interpretation.
  • Authorization to act
  • Effective date
  • Languages of the Gwich'in Government Agreement
  • Other rights and benefits of Gwich'in
  • Section 35 Rights
  • Canadian Charter of Rights and Freedoms
  • Judicial determination of the validity of the Gwich'in Government Agreement.
  • Application of laws
  • Ancillary and incidental jurisdiction
  • Exclusion of jurisdiction
  • Resolution of conflicts among laws and agreements
  • Jurisdiction of courts
  • Disclosure of information
  • Constitutional development of the Northwest Territories
  • International legal obligation
  • Authority to enter into agreements
  • Preamble and schedules
  • Entire Agreement
  • Deposit of Agreement and publication of amendments
  • Proof of law
  • Waiver
  • Assignment
  • Application
  • Notice
Schedule A: Definitions

It defines the terms and expressions in the Gwich'in Government Agreement to foster the readers' understanding and interpretation.

Community Engagement Sessions: Learning Together V1 - Spring/Summer 2022

'What we heard' report from the first round of Gwich'in Government Engagement Sessions in the GSA communities.