The negotiations pursuant to this Framework Agreement are not intended as a re negotiation of the Mi'kmaq Treaties, nor as a process leading to their extinguishment.

In this Framework Agreement, references to Mi'kmaq Aboriginal rights, including Aboriginal title, and treaty rights are in respect of the Mi'kmaq of Nova Scotia, and may be referred to as 'Mi'kmaq rights and title'.

The recitals shall form part of this Framework Agreement.

' Umbrella Agreement' means the Mi'kmaq - Nova Scotia - Canada Umbrella Agreement made the 7th day of June, 2002.

' Parties' means the Mi'kmaq of Nova Scotia, Nova Scotia and Canada, and 'Party' means any of the three (3) Parties as the context requires and.' Mi'kmaq Treaties' means the treaties between the ancestors of the Mi'kmaq of Nova Scotia and the British Crown, including those signed in 1725-26, 1749, 1752, and 1760-61.' Lead Negotiator' means the person designated by each Party as the Chief or Lead Negotiator.NOW THEREFORE, the Parties agree as follows: Definitions WHEREAS the Parties wish to agree upon provisions that will set out their rights and responsibilities and will reconcile the constitutionally protected rights and interests of the Mi'kmaq people with the rights and interests of the people of Nova Scotia WHEREAS the Parties wish to enter into these negotiations in a manner and spirit that respects and upholds the significance of the Mi'kmaq Treaties and the continuing treaty relationship of the Parties and WHEREAS recent court decisions such as Delgamuukw and Marshall have highlighted the importance of settling claims of Aboriginal and treaty rights through negotiations WHEREAS the Parties may have differing views with respect to the legal status and effect of specific Mi'kmaq Treaties and the existence, scope, extent and beneficiaries of Mi'kmaq rights and title, and the Parties wish to work together to resolve these issues and settle outstanding claims through negotiation rather than litigation WHEREAS Canada and Nova Scotia recognize that the Mi'kmaq of Nova Scotia have rights protected under sectionВ 35 of the Constitution Act, 1982 Denny, Paul and Sylliboy has recognized the existence of certain Mi'kmaq Aboriginal rights WHEREAS the Nova Scotia Court of Appeal in R. Marshall (D.J.) has recognized the existence of certain Mi'kmaq harvesting and trading rights pursuant to the Treaties of 1760-61 WHEREAS the Supreme Court of Canada in R. WHEREAS sectionВ 35 of the Constitution Act, 1982 protects the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada WHEREAS the Mi'kmaq of Nova Scotia include all persons who are members of the thirteenВ (13) Mi'kmaq First Nations (Bands) in Nova Scotia whether they reside on or off reserve and other persons of Mi'kmaq heritage who are beneficiaries of Mi'kmaq rights and title applicable in Nova Scotia WHEREAS the Mi'kmaq of Nova Scotia, being 'Indians' within the meaning of sectionВ 35 of the Constitution Act, 1982, are Aboriginal people WHEREAS the Parties reaffirm their agreement under ArticleВ 7 of the Umbrella Agreement that they will take into account the unique circumstances of the Mi'kmaq of Nova Scotia when developing their mandates and that their positions may differ from Canada's Comprehensive Land Claims Policy

WHEREAS the Parties agreed in the Umbrella Agreement to negotiate issues of definition, recognition and implementation of the constitutionally protected rights of the Mi'kmaq of Nova Scotia

WHEREAS the Parties entered into an Umbrella Agreement on JuneВ 7,В 2002 in which they recognized there are outstanding constitutional rights issues amongst them, including the inherent right to self-government, Aboriginal rights, including assertions of title, and treaty issues HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Indian Affairs and Northern Development ('Canada')Д¬ollectively referred to as 'the Parties' HER MAJESTY THE QUEEN IN RIGHT OF NOVA SCOTIA as represented by the Minister of Aboriginal Affairs ('Nova Scotia') The MI'KMAQ OF NOVA SCOTIA as represented by the Thirteen Mi'kmaq Saqmaq ('the Mi'kmaq of Nova Scotia') Mi'kmaq - Nova Scotia - Canada Framework Agreement Framework Agreement

Alter ego band nova scotia