The right to enter the United States as Indians is not affected by the treaty.
Paragraph 1.a the Eligibility and Enrolment chapter states that “Enrolment under this Agreement does not confer or deny rights of entry into Canada, … (or) the right to be registered as an Indian under the Indian Act, or any of the rights or benefits under the Indian Act”.
Paragraph 47.a of the Governance chapter preserves both continued Indian status and entry to Canada: “the conferring of Lheidli T’enneh citizenship does not confer or deny rights of entry into Canada … (or) the right to be registered as an Indian under the Indian Act or any of the rights or benefits under the Indian Act; …”
Therefore, if the Final Agreement is approved, there would be no change to Indian status or travel to the United States. Travel to and from the United States would continue to be governed by federal and United States law.
If the Final Agreement is enacted, the Indian Act will no longer apply, after the effective date, to Lheidli T’enneh, its lands or members, with the exception of determining Indian status. Instead, constitutionally-protected, self-government provisions of the Final Agreement will enable Lheidli T’enneh to make its own decisions on matters related to the exercise of its treaty rights and the operation of its government. Existing bylaws and laws enacted under the Lheidli T’enneh First Nation Land Code will continue.
Health, education exceptions: The Final Agreement has no effect on Indian status and the federal government must still fund First Nations under treaty, and still keep track of who is eligible for Indian status.
- Under treaty, any members of Lheidli T’enneh eligible for Indian status will continue to receive extended health benefits
- Funding for post-secondary education will continue for Status Indians. Other revenues may provide opportunities to extend these benefits to non-Status members.
Yes. The Final Agreement says that the Lheidli T’enneh government will be able to make laws on matters connected to the land, resources and other areas of governance that are set out in the Agreement.
Once it is ratified by all three parties, a future date will be picked for it to become effective and the implementation plan that was negotiated in 2007 will be finalized and initiated. The implementation plan identifies each party’s obligations and responsibilities in implementing the treaty.
An implementation committee, made up of a representative from Lheidli T’enneh, Canada, and British Columbia, will be established to oversee the implementation plan.
The federal mandate related to the Final Agreement is expected to expire in October 2016. After this, the Final Agreement will no longer be an option for Lheidli T’enneh.
If Lheidli T’enneh does not ratify the Final Agreement, there are a number of different paths forward to consider. For more information on these options, please refer to the fact sheet titled: Alternative Paths. Lheidli T’enneh will also need to address repayment of the negotiation support loan.
If we accept the Final Agreement through our vote, the governments of BC and Canada would then ratify it. Both will create legislation to give the Final Agreement legal entity on a mutually-agreed date.
The effective date is likely to be set for a few years away to give Lheidli T'enneh time to prepare.