Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act

Contents

Whereas the Whitecap Dakota Nation and the Government of Canada recognize distinctive historical relationships between certain Dakota communities and the Crown based on, at various times, treaties or alliances of peace and friendship;Whereas the Whitecap Dakota Nation is an Indigenous people of Canada;Whereas the Government of Canada recognizes that the inherent right of self-government is a right of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 and that the Whitecap Dakota Nation has that inherent right;Whereas the Whitecap Dakota Nation and the Government of Canada are committed to achieving reconciliation through a renewed nation-to-nation relationship based on respect, cooperation, partnership and the recognition of the Whitecap Dakota Nation’s rights;Whereas the Whitecap Dakota Nation aspires to participate fully in the economic, social, political and cultural aspects of Canadian society in a way that preserves and enhances the collective identity of Whitecap Dakota members as a self-sufficient and sustainable community now and into the future;Whereas the Whitecap Dakota First Nation members have approved the treaty entitled “A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate”;Whereas the Treaty was signed on May 2, 2023 on behalf of the Whitecap Dakota First Nation and His Majesty in right of Canada;Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples and the Whitecap Dakota Nation and the Government of Canada view the Treaty as contributing to the implementation of that Declaration;And whereas the Treaty requires the coming into force of an Act of Parliament that gives effect to it;Now therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

1Short title#

This Act may be cited as the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act.

Interpretation

2Definitions#

The following definitions apply in this Act.

federal law has the same meaning as in 1.01 of the Treaty. (règle de droit fédérale)

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

Tax Treatment Agreement means the tax treatment agreement, as amended from time to time in accordance with its provisions, that is referred to in 11.16 of the Treaty. (accord sur le traitement fiscal)

Treaty means the treaty entitled “A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate,” signed on behalf of the Whitecap Dakota First Nation and His Majesty in right of Canada on May 2, 2023, as amended from time to time in accordance with its provisions. (traité)

Whitecap Dakota Government has the same meaning as in 1.01 of the Treaty. (gouvernement des Dakotas de Whitecap)

Whitecap Dakota institution has the meaning assigned by the definition WDN Institution in 1.01 of the Treaty. (institution)

Whitecap Dakota law has the meaning assigned by the definition WDN Law in 1.01 of the Treaty. (loi de la nation)

Whitecap Dakota member has the meaning assigned by the definition WDN Member in 1.01 of the Treaty. (membre)

Whitecap Dakota Nation has the meaning assigned by the definition WDN in 1.01 of the Treaty. (Nation dakota de Whitecap)

Whitecap Dakota reserve lands has the meaning assigned by the definition WDN Reserve Lands in 1.01 of the Treaty. (terres de réserve)

3Status of Treaty#

For greater certainty, the Treaty is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Treaty

4Treaty given effect#

(1)The Treaty is approved, given effect and declared valid and has the force of law.

(2)For greater certainty, a person or entity has the powers, rights, privileges and benefits conferred on the person or entity by the Treaty and must perform the duties, and is subject to the liabilities, imposed on the person or entity by the Treaty.

(3)For greater certainty, the Treaty is binding on, and may be relied on by, all persons and entities.

5Treaty prevails#

(1)In the event of any conflict between the Treaty and this Act or any other federal law, the Treaty prevails to the extent of the conflict.

(2)In the event of any conflict between this Act and any other federal law, this Act prevails to the extent of the conflict.

Whitecap Dakota Nation

6Capacity, rights, powers and privileges#

(1)The Whitecap Dakota Nation is a legal entity and has, subject to the Treaty, the capacity, rights, powers and privileges of a natural person.

(2)On the coming into effect of the Treaty, all rights, interests, assets and obligations of the Whitecap Dakota First Nation as a band, within the meaning of the Indian Act, vest in the Whitecap Dakota Nation.

(3)The Whitecap Dakota Nation exercises the power and authority to make laws, carries out other government functions and otherwise exercises power or authority through the Whitecap Dakota Government.

Whitecap Dakota Laws

7Third parties#

Subject to the Treaty, Whitecap Dakota laws are binding on and may be relied on by all persons and entities, the Whitecap Dakota Nation, the Whitecap Dakota Government and Whitecap Dakota institutions.

Taxation

8Tax Treatment Agreement#

On the day on which the Tax Treatment Agreement comes into effect by application of 11.16 of the Treaty, that Agreement is approved, given effect and declared valid. That Agreement has the force of law during the period in which it is in effect.

9Clarification#

The Tax Treatment Agreement does not form part of the Treaty and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Application of Other Acts

10Indian Act#

Subject to the Treaty, the Indian Act does not apply to the Whitecap Dakota Nation, the Whitecap Dakota Government, Whitecap Dakota members or Whitecap Dakota reserve lands.

11Statutory Instruments Act#

The Statutory Instruments Act does not apply to Whitecap Dakota laws.

General

12Judicial notice — Treaty and Tax Treatment Agreement#

(1)Judicial notice must be taken of the Treaty and the Tax Treatment Agreement.

(2)The Treaty and the Tax Treatment Agreement must be published by the King’s Printer.

(3)A copy of the Treaty or the Tax Treatment Agreement published by the King’s Printer is evidence of that Treaty or that Agreement, and of its contents, and a copy purporting to be published by the King’s Printer is presumed to be so published unless the contrary is shown.

13Judicial notice — Whitecap Dakota law#

(1)Judicial notice must be taken of any Whitecap Dakota law that is registered in the public registry referred to in 5.12 of the Treaty.

(2)A copy of any Whitecap Dakota law purporting to be registered in the public registry referred to in 5.12 of the Treaty is evidence of that law and of its contents, unless the contrary is shown.

14Federal Courts Act#

(1)A decision-making body established under a Whitecap Dakota law, including a Whitecap Dakota institution, is not a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act.

(2)The Saskatchewan Court of King’s Bench has jurisdiction to

(a)make orders and issue injunctions and declaratory relief against a decision-making body referred to in subsection (1); and

(b)undertake judicial review of the decisions of that decision-making body, provided that all review mechanisms set out in Whitecap Dakota laws have been exhausted.

15Notice#

(1)If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of the Treaty, of this Act or of any Whitecap Dakota law, then the issue must not be decided until the party raising the issue has served notice

(a)on the Attorney General of Canada and the Whitecap Dakota Government, in the case of a provision of the Treaty or this Act; and

(b)on the Whitecap Dakota Government, in the case of a provision of a Whitecap Dakota law.

(2)The notice must be served at least 14 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period, and must identify

(a)the proceeding;

(b)the subject matter of the issue;

(c)the particulars that are necessary to show the point to be argued; and

(d)the day on which the issue is to be argued.

(3)The recipient of a notice under subsection (1) may appear and participate in the proceeding as a party with the same rights as any other party.

(4)For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

16Retroactive effect#

Despite subsection 4(1), Chapter 33 and Schedule B of the Treaty are deemed to have effect as of August 22, 2022.

17Orders and regulations#

(1)The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Treaty, of the Tax Treatment Agreement or of any other agreements that are related to the implementation of the Treaty.

(2)For the purpose of enabling the Whitecap Dakota Nation to benefit from the provisions of the First Nations Fiscal Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations

(a)adapting any provision of that Act or of any regulation made under that Act; and

(b)restricting the application of any provision of that Act or of any regulation made under that Act.