ABORIGINAL RIGHTS. 3.1 Nothing in this Agreement shall be construed so as to abrogate or derogate from, or to prejudice, limit or restrict:
ABORIGINAL RIGHTS. The Joint Review Panel shall accept as part of its record and review information from Indigenous groups related to: • the nature, scope, location and extent of asserted or established Aboriginal or Treaty rights in the area of the Project, • the potential adverse environmental effects that the Project may have on asserted or established Aboriginal or Treaty rights, • any measures proposed to avoid or mitigate the potential adverse effects of the Project on asserted or established Aboriginal or Treaty rights, • cumulative environmental effects and cumulative impacts to asserted or established Aboriginal or Treaty rights and related interests, • historic, current and intended future uses of lands and resources, and • information on determining thresholds for significance of environmental effects as defined under s. 5 of CEAA 2012, and of impacts to asserted or established Aboriginal or treaty rights. The Joint Review Panel may also receive information in this regard provided by the proponent, interested parties, federal authorities or government, and provincial departments or government. The Joint Review Panel shall summarize in its report the information provided regarding the manner in which the Project may adversely impact asserted or established Aboriginal or Treaty rights, and where appropriate, may summarize information received on the potential infringement that the Project may cause on asserted or established Aboriginal or Treaty rights. The Joint Review Panel may use this information to make conclusions and recommendations that relate to the manner in which the Project may adversely impact asserted or established Aboriginal or Treaty rights as described by Indigenous persons or groups. The Joint Review Panel, based on its assessment of the environmental effects of the Project, may recommend measures to mitigate any adverse environmental effects caused by the Project that could adversely impact or infringe the asserted or established Aboriginal or Treaty rights that were identified. The Joint Review Panel shall not make any determinations as to: • the validity of asserted or established Aboriginal or Treaty rights asserted by an Indigenous group or the strength of such claims; • the scope of the Crown’s duty to consult an Indigenous group; • whether the Crown has met its respective duties to consult or accommodate in respect of rights recognized and affirmed by section 35 of the Constitution Act, 1982; or • any matter of Treaty interpretation. Nothin...
ABORIGINAL RIGHTS. The Agreement was developed to respect Aboriginal rights and uphold terms in the land claim agreements and treaties, for example: “…waters which are on or flow through or are adjacent to [Gwich’in, Sahtu, Tlicho] lands remain substantially unaltered as to quality, quantity and rate of flow” “…the spirit and intent of the treaty relationship will last as long as the sun shines, the rivers flow and the grass grows” Treaty 8 Aboriginal Rights in the Agreement
