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FRAMEWORK AGREEMENT

BETWEEN
QUEBEC
AND
THE MICMACS OF GESGAPEGIAG


WHEREAS the Micmacs of Gesgapegiag are part of the Micmac Nation recognized by the National Assembly of Québec;

WHEREAS the Micmacs of Gesgapegiag govern themselves through the Micmacs of Gesgapegiag Band Council and exercise their rights through this Council;

WHEREAS the Micmacs of Gesgapegiag and the Government of Québec want to build a long-term and constructive relationship based on mutual trust and respect;

WHEREAS this framework agreement and specific agreements in various sectors of their relations are a means by which this relationship can begin to be built.

NOW THEREFORE IT IS AGREED THAT:

Subject Matter of the Agreement

1. The purpose of this Agreement is to establish a general framework that will lead to the conclusion of specific agreements on various sectors of common interest, in order to avoid conflicts and, if necessary, to resolve the latter by discussion and peaceful means in a spirit of understanding and mutual respect.

Orientations and Principles

2. The parties accept and recognize the respective distinctiveness and unique quality of their cultures, their languages, their laws, customs, traditions, as well as their national identities.
Exercise of Powers

3. Both parties recognize the need to reconcile the exercise of their respective powers and toward this end will negotiate specific agreements on various subject matters where there exists a shared interest.

Responsibility for Negotiations

4. The Chief of the Micmacs of Gesgapegiag Band Council and the Quebec Minister for Native Affairs are responsible for implementation of this Agreement and the monitoring of the ensuing negotiations.

The Québec Minister for Native Affairs is responsible for assuring the presence of the various Ministers or duly mandated representatives of their respective departments during the negotiation and implementation of the specific agreements.

Negotiation of Specific Agreements

5.1 In the first phase, specific agreements will be negotiated in the following sectors:

  • Natural resources: participation in partnership of the Micmacs of Gespagegiag in the management and development of resources forest and wildlife; Lake Sainte-Anne/Baldwin Territory;
  • Culture: construction and operation of an ethno-touristic center in Gesgapegiag.

5.2 In the second phase, specific agreements will be negociated in the following sectors:
  • Economic development;
  • Education;
  • Health;
  • Taxation;
  • Public Security;
  • Natural resources.


The second phase will not start before the successful completion of the first phase. The final list of the other sectors to be covered by specific agreements shall be determined by the Chief of the Micmacs of Gesgapegiag Band Council and the Minister for Native Affairs on the joint recommendation of the special negotiators. The timeframe for this second phase will be negociated between both parties.
5.3 Every effort will be made to conclude the first phase in the next four months following the signing of this agreement. In any case on April 1st 1999, the special negociators will address to the signatories of this agreement, a progress report on each specific agreement, identified in section 5.1.
6. Each specific agreement shall specify:
  • the nature and scope of the agreement;
  • the duration of the agreement;
  • the implementation plan.

7. Each specific agreement shall specify the procedure to be followed to avoid and, if necessary, resolve conflicts between the parties.
8. Specific agreements should be implemented immediately, unless delays are expressly provided for. The parties are bound to take with diligence whatever actions are necessary to give effect to an agreement.
9. A reciprocal mechanism will be set up for the timely review and comment of draft or pending legislation or regulation which may impact the other party.
10. Upon mutual agreement, the parties may invite other parties to the sectoral tables, including the Government of Canada, or invite the latter to participate at a tripartite negotiation table.

Amendment to Agreement

11. The parties agree that, notwithstanding section 12 (Duration of the Agreement), this agreement may be modified in whole or in part by deletion, addition or otherwise upon mutual acceptance in writing, signed by the parties.

Duration of the Agreement

12. This Agreement will be for an indefinite time period, as long as the Government of Québec and the Micmacs of Gesgapegiag agree that they wish to continue to build or maintain a long-term and constructive relationship based on mutual trust and respect.

Any dispute concerning the interpretation or implementation of this Agreement shall be resolved through negotiations between the parties. Should such negotiations fail, each party will be able to terminate this Agreement by giving the other party a written notice, which shall take effect one month thereafter.

Significance of the Agreement

13. This agreement is not intended to be an agreement or treaty as contemplated in section 35 of the Constitution Act 1982, nor is it to be interpreted in anyway as abrogating, derogating or negating or recognizing any aboriginal, treaty or other rights. It is an exercise of the two signatories' commitment towards spiritual, cultural, social and economic parity.

________________________
John Martin
Chief, Micmacs of Gesgapegiag
Band Council
_____________________
Guy Chevrette
Minister for Native Affairs


Signed on the 11th day of February 1999
Signature gouvernementale
Secrétariat aux affaires autochtones
905, avenue Honoré-Mercier, 1er étage - Québec (Qc)  G1R 5M6 - 418 643-3166
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