Subject: The accord - legal text - part 3/4

From: [email-masked] (Dave McCrady)
Date: Thu, 15 Oct 92 09:45:16 MDT

THIS IS THE THIRD FILE OF LEGAL TEXT

            SPECIAL RULES RELATING TO REPRESENTATION
                   IN THE HOUSE OF COMMONS
   
   19. (1) Notwithstanding sections 41 and 44 of the Constitution
Act, 1982, the amendments in this section are made in accordance
with section 41 of that Act.

      (2) Rules 1 and 2 in subsection 51(1) of the Constitution Act,
1867 are repealed and the following substituted therfor:
   
     ``1. After the completion of the 1991 decennial census, the
       House of Commons shall consist of 337 members and there shall be
       assigned to each of the provinces and territories the following
       number of members: 117 for Ontario; 93 for Quebec; 11 for Nova
       Scotia; 10 for New Brunswick; 14 for Manitoba; 36 for British
       Columbia; four for Prince Edward Island; 28 for Alberta; 14 for
       Saskatchewan; seven for Newfoundland; one for the Yukon
       Territory; and two for the Northwest Territories.''

    (3) After the completion of the 1996 census, the
representation of the provinces in the House of Commons shall be
readjusted by adding eight members, of which three shall be for
Ontario, three for British Columbia and two for Alberta.

                    TRANSITIONAL

   20. (1) Notwithstanding section 27 of the Constitution Act,
1867, as enacted by section 4 of this amendment, Parliament may
provide for the first general election of senators to take place
within one year after this section comes into force, whether or
not it occurs at the same time as a general election of the House
of Commons.

      (2) Subsection 23(5) of the Constitution Act, 1867, as enacted
by section 4 of this amendment, does not apply for one year after
this section comes into force.
 
      (3) Until the first general election of senators is completed,
the provisions enacted by sections 3 and 4 of this amendment do
not apply and the Senate shall continue as if those provisions
had not come into force.

               Constitution Act, 1871

   21. Section 2 of the Constitution Act, 1871, is repealed and
the following substituted therefor:

   ``2. (1) The Parliament of Canada may from time to time
establish a new province in any territory forming for the time
being part of the Dominion of Canada, but not included in any
province therof, at the request of the legislative authority of
the territory, and may, at the time of such establishment, make
provision for the constitution and administration of any such
province, and for the passing of laws for the peace, order and
good government of the province, and for its representation in
the House of Commons.

       (2) Before a new province is established under subsection (1),
a conference of the Prime Minister of Canada and the first
ministers of the provinces shall be convened to take into account
the views of the provinces.''

   22. Section 3 of the said Act is renumbered as subsection 3(1)
and is further amended by adding thereto the following
subsection:
   ``(2) The Parliament of Canada may not, pursuant to subsection
(1), alter the limits of any territory forming for the time being
part of the Dominion of Canada, except with the consent of the
legislative authority of the territory.''

                       Alberta Act

   23. The Alberta Act is amended by adding thereto, immediately
after section 24 thereof, the following section:

   ``24.1 (1) In this section,

   ``Metis Settlements General Council'' means the Metis
Settlements General Council incorporated by the Metis Settlements
Act (Alberta);

   ``Metis settlement land'' means land held in fee simple by the
Metis Settlements General Council under letters patent from Her
Majesty in right of Alberta.

          (2) The fee simple estate in Metis settlement land, or any
interest in it less than fee simple, may not be acquired through
expropriation by
   (a) any person,
   (b) Her Majesty in right of Alberta, or
   (c) Her Majesty in right of Canada, except with the consent of
the Governor in Council after consultation between the Government
of Canada and the Metis Settlements General Council,

but an interest less than fee simple may be acquired in that
land in a manner permitted by the Metis Settlements Land
Protection Act (Alberta).

         (3) The fee simple estate in Metis settlement land is exempt
from seizure and sale under court order, writ of execution or any
other process whether judicial or extra-judicial.

        (4) No Act of the Legislature may
   (a) amend or repeal the Metis Settlements Land Protection Act
(Alberta),
   (b) alter or revoke letters patent granting Metis settlement
land to the Metis Settlements General Council, or
   (c) dissolve the Metis Settlements General Council or result
in its being composed of persons who are not settlement members,
   without the agreement of the Metis Settlements General
Council.

       (5) No Act of the Parliament of Canada may dissolve the Metis
Settlements General Council or result in its being composed of
members who are not settlement members without the agreement of
the Metis Settlements General Council.

      (6) Nothing in this section shall be construed as limiting
   (a) the application of the laws of Alberta or Canada to, or
   (b) the jurisdiction of the Legislature of Alberta or the
Parliament of Canada to enact laws in and for Alberta applicable
to,
   Metis settlement land and any activities on or in respect of
that land, except to the extent necessary to give effect to this
section.

     (7) Nothing in this section shall be construed so as to
abrogate or derogate from any rights referred to in Part II of
the Constitution Act, 1982.''

                 Constitution Act, 1982

   24. Section 3 of the Constitution Act, 1982 is repealed and
the following substituted therefor:

   ``3. Every citizen of Canada has the right to vote in an
election of members of the House of Commons or of a legislative
assembly of a province and to be qualified for membership
therein.''

   25. Section 25 of the said Act is amended by striking out the
word ``and'' at the end of paragraph (a) thereof, by adding the
word ``and'' at the end of paragraph (b) thereof and by adding
thereto the following paragraph:

   ``(c) any rights or freedoms relating to the exercise or
protection of their languages, cultures or traditions.''

   26. Subsection 32(1) of the said Act is amended by striking
out the word ``and'' at the end of paragraph (a) thereof, by
adding the word ``and'' at the end of paragraph (b) thereof and
by adding thereto the following paragraph:

   ``(c) to all legislative bodies and governments of the
Aboriginal peoples of Canada in respect of all matters within the
authority of their respective legislative bodies.''

   27. The said Act is further amended by adding thereto,
immediately after section 33 thereof, the following section:

   ``33.1  Section 33 applies to legislative bodies of the
Aboriginal peoples of Canada with such modifications, consistent
with the purposes of the requirements of that section, as are
appropriate to the circumstances of the Aboriginal peoples
concerned.''

   28. (1) Subsection 35(1) of the English version of the said
Act is amended by substituting the expression ``Aboriginal
peoples of Canada'' for the expression ``aboriginal peoples of
Canada''.

       (2) Subsection 35(2) of the said Act is repealed and the
following substituted therefor:

       ``(2) In the Constitution of Canada, ``Aboriginal peoples
of Canada'' includes the Indian, Inuit and Metis peoples of
Canada.''

       (3) Subsection 35(4) of the said Act is repealed and the
following substituted therefor:

       ``(4) For greater certainty, all the Aboriginal peoples of
Canada have access to the aboriginal and treaty rights recognized
and affirmed in this Part that pertain to them.''

   29. Section 35.1 of the said Act is repealed and the following
substituted therefor:

       ``35.1 (1) The Aboriginal peoples of Canada have the
inherent right of self-government within Canada.

              (2) The right referred to in subsection (1) shall be
interpreted in a manner consistent with the recognition of the
governments of the Aboriginal peoples of Canada as constituting
one of three orders of government in Canada.

           (3) The exercise of the right referred to in subsection
(1) includes the authority of duly constituted legislative bodies
of the Aboriginal peoples, each within its own jurisdiction,

            (a) to safeguard and develop their languages, cultures,
economies, identities, institutions and traditions, and 

            (b) to develop, maintain and strenghten their relationship
with their lands, waters and environment,

so as to determine and control their development as peoples
according to their own values and priorities and to ensure the
integrity of their societies.

        (4) Where an issue arises in any proceedings in relation to
the scope of the inherent right of self-government, or in
relation to an assertion of that right, a court or tribunal

        (a) before making any final determination of the issue, shall
inquire into the efforts that have been made to resolve the issue
through negotiations under section 35.2 and may order the parties
to take such steps as may be appropriate in the circumstances to
effect a negotiated resolution; and 

      (b) in making any final determination of the issue, shall take
into account subsection (3).
   
      (5) Neither the right referred to in subsection (1) nor
anything in subsection 35.2 (1) creates new aboriginal rights to
land or abrogates or derogates from existing aboriginal or treaty
rights to land, except as otherwise provided in self-government
agreements negotiated under section 35.2.

       35.2 (1) The government of Canada, the provincial and
territorial governments and the Aboriginal peoples of Canada,
including the Indian, Inuit and Metis peoples of Canada, in the
various regions and communities shall negotiate in good faith the
implementation of the right of self-government, including issues
of
   (a) jurisdiction,
   (b) lands and resources, and
   (c) economic and fiscal arrangements,

With the objective of concluding agreements elaborating
relationships between governments of aboriginal peoples and the
government of Canada and provincial or territorial governments.

      (2) Negotiations referred to in subsection (1) may be
initiated only by the representatives or governments of the
Aboriginal peoples concerned, and shall, unless otherwise agreed
by the parties to the negotiations, be conducted in accordance
with the process for negotiations outlined in an accord entered
into by the government of Canada, the provincial and territorial
governments and representatives of the aboriginal peoples.

    (3) All the Aboriginal peoples of Canada shall have equitable
access to negotiations referred to in subsection (1).

   (4) An agreement negotiated under this section may provide for
bodies or institutions of self-government that are open to the
participation of all residents of the region to which the
agreement relates as determined by the agreement.

   (5) The parties to negotiations referred to in subsection (1)
shall have regard to the different circumstances of the
various aboriginal peoples of Canada.

   (6)  Where an agreement negotiated under this section

   (a)  is set out in a treaty or land claims agreement, or in an
amendment to a treaty including a land claims agreement, or

   (b)  contains a declaration that the rights of the aboriginal
peoples set out in the agreement are treaty rights,

the rights of the Aboriginal peoples set out in the agreement
are treaty rights under subsection 35 (1).

   (7)  Nothing in this section abrogates or derogates from the
rights referred to in section 35 or 35.1, or from the
enforceability thereof, and nothing in subsection 35.1 (3) or in
this section makes those rights contingent on the commitment to
negotiate under this section.

      35.3  (1) Except in relation to self-government agreements
concluded after the coming into force of this section, section
35.1 shall not be made the subject of judicial notice,
interpretation or enforcement for five years after this section
comes into force.  

        (2) For greater certainty, nothing in subsection (1) prevents
the justiciability of disputes in relation to

   (a) any existing rights that are recognized and affirmed in
subsection 35 (1), including any rights relating to
self-government, when raised in any court; or

  (b) the process of negotiations under section 35.2.
  
       (3) Nothing in subsection (1) abrogates or derogates from
section 35.1 or renders section 35.1 contingent on the happening
of any future event, and subsection (1) merely delays for five
years judicial notice, interpretation or enforcement of that
section.
   
       35.4 (1) Except as otherwise provided by the Constitution of
Canada, the laws of Canada and the laws of the provinces and
territories continue to apply to the Aboriginal peoples of
Canada, subject nevertheless to being displaced by laws enacted
by legislative bodies of the Aboriginal peoples according to
their authority.
   
       (2) No aboriginal law or any other exercise of the inherent
right of self-government under section 35.1 may be inconsistent
with federal or provincial laws that are essential to the
preservation of peace, order and good government in Canada.

      (3) For greater certainty, nothing in this section extends the
legislative authority of the Parliament of Canada or the
legislatures of the provinces or territories.
   
       35.5 (1) Subsections 6(2) and (3) of the Canadian Charter of
Rights and Freedoms do not preclude a legislative body or
government of the Aboriginal peoples of Canada from exercising
authority pursuant to this Part through affirmative action
measures that have as their object the amelioration of conditions
of individuals or groups who are socially or economically
disadvantaged or the protection and advancement of aboriginal
languages and cultures.
   
        (2) For greater certainty, nothing in this section abrogates
or derogates from section 15, 25 or 28 of the Canadian Charter of
Rights and Freedoms or from section 35.7 of this Part.

       35.6 (1) The treaty rights referred to in subsection 35 (1)
shall be interpreted in a just, broad and liberal manner taking
into account their spirit and intent and the context of the
specific treaty negotiations relating thereto.

       (2) The government of Canada is committed to establishing
treaty processes to clarify or implement treaty rights and, where
the parties agree, to rectify terms of the treaties, and is
committed, where requested by the Aboriginal peoples of Canada
concerned, to participating in good faith in the process that
relates to them.

       (3) The governments of the provinces and territories are
committed, to the extent that they have jurisdiction, to
participating in good faith in the processes referred to in
subsection (2), where jointly invited by the government of Canada
and the Aboriginal peoples of Canada concerned or where it is
specified that they will do so under the terms of the treaty
concerned.

      (4) The participants in the processes referred to in
subsection (2) shall have regard to, among other things and where
appropriate, the spirit and intent of the treaties, as understood
by the aboriginal peoples concerned.

    (5) For greater certainty, all those Aboriginal peoples of
Canada who have treaty rights shall have equitable access to the
processes referred to in this section.

   (6) Nothing in this section abrogates or derogates from any
rights of the Aboriginal peoples of Canada who are not parties to
a particular treaty.

      35.7 Notwithstanding any other provision of this Act, the
rights of the Aboriginal peoples of Canada referred to in this
Part are guaranteed equally to male and female persons.

    [ 35.8*  The government of Canada and the provincial governments
are committed to the principle that, before any amendment
described in section 45.1 is made,

   (a) a constitutional conference that includes in its agenda an
item relating to the proposed amendment, composed of the Prime
Minister of Canada and the first ministers of the provinces will
be convened by the Prime Minister of Canada; and 

   (b) The Prime Minister of Canada will invite representatives
of the aboriginal peoples of Canada to participate in the
discussions on that item.]
   (*Footnote for 35.8 - SQUARE BRACKETED ITEM: The final wording of
this provision  (based on existing section 35.1 added in 1984) is to be
revisited when the consent mechanism is finalized for section 45.1, at
which time concerns will be addressed in respect of amendments directly
referring to Aboriginal peoples in some but not all regions of Canada).  

      35.9 (1) At least four constitutional conferences on
aboriginal issues composed of the Prime Minister of Canada, the
first ministers of the provinces, representatives of the
Aboriginal peoples of Canada and elected representatives of the
governments of the territories shall be convened by the Prime
Minister of Canada, the first to be held no later than 1996 and
the three subsequent conferences to be held one every two years
thereafter.

      (2) Each conference convened under subsection (1) shall have
included in its agenda such items as are proposed by the
representatives of the Aboriginal peoples of Canada.

     35.91 For greater certainty, nothing in this part extends the
powers of the legislative authorities or governments of the
territories.''

Dave McCrady              [email-masked]