PREAMBLE

WHEREAS:

A.  The Tla’amin Nation is an aboriginal people of Canada;

B.  The Tla’amin Nation asserts that it has used, occupied and governed its traditional territory from time immemorial;

C.  The Tla’amin Nation has never entered into a treaty or land claims agreement with the Crown;

D.  Section 35 of the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada and the courts have stated that aboriginal rights include aboriginal title;

E.  The Tla’amin Nation's existing aboriginal rights are recognized and affirmed by the Constitution Act, 1982;

F.  The courts have stated that reconciliation of the prior presence of aboriginal people and the assertion of sovereignty by the Crown is best achieved through negotiation and agreement rather than through litigation;

G.  The Parties have negotiated this Agreement to provide a basis for this reconciliation and the establishment of a new relationship on a government-to-government basis;

H.  The negotiations of this Agreement have been conducted in an atmosphere of mutual respect and openness;

I.  The Parties have negotiated this Agreement under the British Columbia treaty process;

J.  The Parties desire certainty in respect of the Tla’amin Nation's ownership and use of lands and resources, the Tla’amin Nation's law-making authority and the relationship of Federal Law, Provincial Law and Tla’amin Law;

K.  The Parties have negotiated this Agreement to provide certainty by agreeing to the continuation of the Tla’amin Nation's existing aboriginal rights as treaty rights set out in this Agreement, rather than by extinguishment of those rights;

L.  Tla’amin people are Coast Salish people who speak the Tla’amin language and who assert that their heritage, history and culture, including their language and religion, are tied to the lands and waters surrounding the northern Gulf of Georgia;

M.  It is an important objective of the Tla’amin Nation to preserve, protect and enhance Tla’amin heritage, language and culture;

N.  The Tla’amin Nation asserts that it has an inherent right to self-government, and the Government of Canada has negotiated self-government in this Agreement based on its policy that the inherent right to self-government is an existing aboriginal right within the meaning of section 35 of the Constitution Act, 1982; and

O.  This Agreement provides for Tla’amin Government and sets out authorities exercisable by the Tla’amin Nation through Tla’amin Government;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

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