Aboriginal Affairs and Northern Development Canada
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Highlights
Carcross/Tagish First Nation
Final and Self-Government Agreements

The Carcross/Tagish First Nation (CTFN) Final and Self-Government Agreements signed on October 22, 2005 in Carcross, Yukon provide the basis for new government-to-government relationships and a strengthened and forward-looking partnership.

The land claim settlement provides the Carcross/Tagish First Nation with ownership and control over its Settlement Lands and opportunities to participate in planning land use of public lands within its Traditional Territory. The agreement provides certainty by clarifying land and resource ownership, use and management. It provides a foundation for economic and resource development opportunities to promote the Carcross/Tagish people's participation in the Yukon's economy and to improve the quality of life for the citizens of the Carcross/Tagish First Nation.

The self-government agreement provides the Carcross/Tagish First Nation with tools to renew its historical self-reliance and traditional governance, to protect its land, languages and way of life, to strengthen its economy and community, and to chart its own future.

Negotiated under the terms of the Umbrella Final Agreement (1993), these agreements also contain specific provisions that address the particular interests and characteristics of the Carcross/Tagish First Nation.

The information that follows highlights key provisions related to the rights and benefits contained in the CTFN Final and Self-Government Agreements:

A. Land

  • Ownership of approximately 1561 square kilometres (602 square miles) of Settlement Land which includes 1036 square kilometres (400 square miles) of Category A Settlement Land on which the Carcross/Tagish First Nation will own both the surface and subsurface resources including any minerals and oil and gas.
  • Unique provisions in the Carcross/Tagish First Nation Final Agreement include the establishment of two new Special Management Areas (SMAs): the Agay Mene Natural Environment Park and the Tagish River Habitat Protection Area. Under its Final Agreement, the Carcross/Tagish First Nation also participates in planning the management of the Lewes Marsh Wetland Habitat Protection Area (in conjunction with the Kwanlin Dün First Nation and Ta'an Kwach'an Council), and Kusawa Park (in conjunction with the Kwanlin Dün First Nation and the Champagne and Aishihik First Nations) established pursuant to the Kwanlin Dün First Nation Final Agreement.
  • Under the Schedules for these Special Management Areas, the CTFN people will retain their right to harvest Fish and Wildlife and Forest Resources in accordance with the Carcross/Tagish First Nation Final Agreement subject to the provisions of the Approved Management Plans. A variety of economic opportunities are made available to these participating First Nations.

B. Fish and Wildlife Harvesting

Carcross/Tagish First Nation's participation in fish and wildlife management decisions in its Traditional Territory are now enhanced and will include:

  • The right to harvest fish and wildlife for subsistence throughout CTFN's Traditional Territory at all times of the year, including in Special Management Areas, subject to certain limitations for conservation and public safety reasons.
  • Recognition in the CTFN Final Agreement of the special importance of a number of lakes in CTFN's Traditional Territory when government allocates freshwater fish between Carcross/Tagish people and other users.

C. Renewable and Heritage Resources Management

  • CTFN will have the power to pass certain laws with respect to fish and wildlife, and habitat, as well as other matters, on Settlement Land that will apply to all persons harvesting on Settlement Land.
  • Participation in decision-making affecting fish and wildlife on Non-Settlement Land within CTFN's Traditional Territory will occur through representation on the Renewable Resources Council and the Southern Lakes Wildlife Coordinating Committee.
  • CTFN will share ownership of the The Tagish North West Mounted Police Heritage Site and the Conrad Historic Site with the Yukon and will be involved in managing the sites.
  • Ownership and management of certain heritage resources found on CTFN Settlement Land, as well as heritage resources found within CTFN's Traditional Territory related to the culture and history of CTFN.
  • Development of measures to promote the preservation of the Tagish and Tlingit languages for the benefit of future generations.

D. Funding and Economic Development

The Carcross/Tagish First Nation will receive the following economic benefits:

  • Approximately $38 million in financial compensation will be paid over the next 15 years, another $5.28 million as a "re-indexation" payment, less the loan repayment amounts for land claim negotiations and the elders benefit program.
  • Economic Development Strategic Investment funding of approximately $5.6 million will be paid for economic development, training and education of Carcross/Tagish people.
  • Funding to deliver programs and services transferred to the Carcross/Tagish First Nation under the Programs and Services Transfer Agreement.
  • Mineral royalties earned on Category A Settlement Land, as well as a share of resource royalties generated on Non-Settlement Land, Category B and Fee Simple Settlement Land related to mining and oil and gas.
  • Employment and business opportunities including those related to certain projects within CTFN's Traditional Territory.
  • Within Kusawa Park, CTFN will have exclusive wilderness adventure travel opportunities on the portion of the Chilkat Trail which is within CTFN's Traditional Territory, subject to existing commercial operations at existing levels and provided that there is no negative impact on non-commercial recreational users.
  • Development of a regional economic development plan for CTFN's Traditional Territory to take advantage of economic development opportunities arising from the Final Agreement.

E. Self-Government

  • On the effective date, the Carcross/Tagish First Nation Band will cease to exist and will be succeeded by the Carcross/Tagish First Nation.
  • The Carcross/Tagish First Nation will have a wide range of law-making powers. These include laws that will apply to Settlement Land, as well as laws that will apply to CTFN citizens who live in the Yukon.
  • CTFN will have the ability to make laws on its Settlement Land in the areas of land use, resource development, hunting, fishing, the administration of justice, environmental, fish and wildlife protection, licensing, taxation for local purposes and the regulation of business.
  • With respect to its citizens, CTFN will have exclusive powers to make laws in relation to its internal affairs and the management of the rights and benefits realized under the Carcross/Tagish First Nation Final and Self-Government Agreements. CTFN will have the authority to enact laws with respect to the provision of programs and services in the areas of language, culture and spiritual beliefs; health care; adoption of CTFN citizens, guardianship, custody, care and placement of CTFN children, marriage, social welfare, training programs, and other matters.
  • CTFN can negotiate Program and Service Transfer Agreements (PSTAs) with government for the transfer of programs and services falling within CTFN's jurisdiction.