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This Act is current to November 11, 2020
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Despite the above date, the Schedule to the Act, including the Map of Nisa'a Lands and the Appendices, is current to May 11, 2000. See "Amending Agreements" for amendments to the Schedule.

Nisa'a Final Agreement Act

[SBC 1999] CHAPTER 2

CHAPTER 12

ADMINISTRATION OF JUSTICE

POLICE SERVICES

General

1. If Nisa'a Lisims Government decides to provide policing within Nisa'a Lands, it may do so by:

a. making laws for a Nisa'a Police Board and a Nisa'a Police Service under paragraph 3;

b. entering into agreements under which some or all of the policing will be provided by the provincial police service or other police services; or

c. both (a) and (b).

2. The Parties' objectives are that a Nisa'a Police Service:

a. be responsive to the needs and priorities of the Nisa'a Nation;

b. has the full range of police responsibilities and the authority to enforce Nisa'a laws, the laws of British Columbia, the criminal law, and other federal laws within Nisa'a lands; and

c. contributes to the administration of justice, the maintenance of social order, and public security.

Establishment of Nisa'a Police Board and Nisa'a Police Service

3. If Nisa'a Lisims Government decides to establish a Nisa'a Police Service, Nisa'a Lisims Government will make laws to provide for the establishment, organization, composition, indemnification, and roles and responsibilities of a Nisa'a Police Board and a Nisa'a Police Service.

4. Nisa'a laws under paragraph 3 will include provisions:

a. in substantial conformity with provincial legislation in respect of:

i. minimum standards for certification of members of the Nisa'a Police Service,

ii. the swearing in of the members of the Nisa'a Police Service and the Nisa'a Police Board,

iii. use of force by members of the Nisa'a Police Service,

iv. discipline and dismissal procedures for members of the Nisa'a Police Service, and

v. a public complaint procedure; and

b. compatible with provincial legislation in respect of:

i. selection standards for the members of the Nisa'a Police Service,

ii. a code of conduct for members of the Nisa'a Police Service,

iii. appropriate mechanisms to ensure police independence, accountability, and competence, and

iv. police operations.

Nisa'a Police Board

5. The Nisa'a Police Board will:

a. be independent and accountable in accordance with the standards that apply generally to police boards in British Columbia;

b. provide general direction and training to the Nisa'a Police Service;

c. determine priorities and goals of the Nisa'a Police Service;

d. act as the employer of the members of the Nisa'a Police Service;

e. appoint members of the Nisa'a Police Service, including a chief constable who, under the direction of the Nisa'a Police Board, will have general supervision and command over the Nisa'a Police Service, and will have the powers and authorities necessary to direct the members of the Nisa'a Police Service;

f. make rules respecting standards for the administration of the Nisa'a Police Service, the prevention of neglect and abuse by its members, and the efficient discharge of their duties and functions;

g. enforce the code of conduct established for the Nisa'a Police Service and take any necessary disciplinary action; and

h. enter into agreements from time to time for training, specialized training, mutual support, assistance, and exchange of information and expertise.

6. The Nisa'a Police Board may exercise its functions when the Lieutenant Governor in Council has:

a. approved the Nisa'a Police Board's structure and membership qualifications; and

b. appointed the Nisa'a Police Board's members.

7. An amendment to the Nisa'a Police Board's structure and membership qualifications will take effect when approved by the Lieutenant Governor in Council.

8. If Nisa'a Lisims Government has made laws in accordance with paragraphs 3 and 4, the Lieutenant Governor in Council will:

a. approve the Nisa'a Police Board's structure and membership qualifications;

b. approve any amendment to the structure or membership qualifications; and

c. appoint the members of the Nisa'a Police Board.

9. If, after Nisa'a Lisims Government makes a law under paragraph 3, the effect of a change in a provincial law is that the Nisa'a law ceases to be:

a. in substantial conformity with provincial legislation in respect of the matters set out in subparagraph 4 (a); or

b. compatible with provincial legislation in respect of the matters set out in subparagraph 4 (b)

the Nisa'a law will be deemed to incorporate the provincial law to the extent necessary for substantial conformity or compatibility, as the case may be, until the Nisa'a law is amended by Nisa'a Lisims Government.

10. The Lieutenant Governor in Council will appoint to the Nisa'a Police Board only individuals who have been recommended by Nisa'a Lisims Government, and will not revoke the appointment of any Nisa'a Police Board member, other than for cause, without the concurrence of Nisa'a Lisims Government.

11. When the Lieutenant Governor in Council has approved the structure and membership qualifications of the Nisa'a Police Board and appointed its members, Nisa'a Lisims Government:

a. will provide policing sufficient to maintain law and order within Nisa'a Lands;

b. will ensure that there are adequate physical resources for the proper operation of police services within Nisa'a lands; and

c. is jointly and severally liable for torts committed by members of the Nisa'a Police Service or by other employees of the Nisa'a Police Board in the performance of their duties.

12. The Nisa'a Police Board and its members are not liable for torts committed by members of the Nisa'a Police Service, or by other employees of the Nisa'a Police Board, in the performance of their duties.

Nisa'a Police Service

13. A member of the Nisa'a Police Service:

a. has the powers, duties, privileges, liabilities and responsibilities of a peace officer according to law;

b. has the immunity from personal liability provided to police officers under provincial law; and

c. has authority throughout British Columbia while carrying out the powers, duties, privileges, and responsibilities that a police constable or peace officer is entitled or required to exercise or carry out according to law.

14. If a member of the Nisa'a Police Service performs duties outside of Nisa'a Lands, the member will, if possible, notify in advance the municipal police service or the provincial police service of the area in which the member performs duties, but in any case will promptly notify the municipal police service or provincial police service after performing those duties.

15. If a provincial or other police constable performs duties within Nisa'a Lands, the constable will, if possible, notify the Nisa'a Police Service in advance, but in any case will notify the Nisa'a Police Service promptly after performing those duties.

16. The Nisa'a Police Service and other police forces in British Columbia will respond to requests from one another for temporary assistance in accordance with federal and provincial law.

17. British Columbia will be jointly and severally liable with respect to torts committed by a member of the Nisa'a Police Service in the performance of the member's duties outside of Nisa'a Lands.

18. At the request of the Nisa'a Nation, the Parties will, to the extent of their respective jurisdictions, negotiate and attempt to reach agreements or protocols as may be necessary to enable Nisa'a Lisims Government to carry out its policing responsibilities, including agreements concerning:

a. the role and responsibility of the provincial police service in the provision of police services within Nisa'a Lands;

b. mutual assistance and operational cooperation between the Nisa'a Police Service and other police services;

c. other matters required by this Chapter; and

d. any other matters relating to police services.

19. If the Minister is of the opinion that:

a. effective policing in accordance with standards prevailing elsewhere in British Columbia is not being delivered within Nisa'a Lands; or

b. it is necessary or desirable to ensure effective delivery of policing in accordance with standards prevailing elsewhere in British Columbia

the Minister, on terms approved by the Lieutenant Governor in Council, may provide or reorganize policing within Nisa'a Lands by appointing individuals as constables, using the provincial police force to provide policing, or by other means.

20. The Minister will not exercise authority under paragraph 19 if that exercise discriminates against the Nisa'a Police Service or is aimed at aboriginal police forces generally throughout British Columbia.

21. If practicable, before exercising authority under paragraph 19, the Minister will provide Nisa'a Lisims Government with:

a. written notice of the reasons or circumstances that form the basis of the Minister's decision to provide or reorganize policing;

b. reasonable opportunity to show cause why no action should be taken; and

c. reasonable opportunity to correct or modify any Nisa'a Lisims Government acts or omissions that form the basis for the Minister's decision to provide or reorganize policing.

22. If it is not practicable for the Minister to comply with paragraph 21 before exercising authority under paragraph 19, the Minister, after exercising that authority, will forthwith provide Nisa'a Lisims Government with the notice and opportunities described in paragraph 21.

COMMUNITY CORRECTION SERVICES

23. Nisa'a Lisims Government may appoint one or more persons to provide community correction services in respect of persons charged with, or convicted of, offences under Nisa'a laws.

24. At the request of the Nisa'a Nation, the Nisa'a Nation and British Columbia will negotiate and attempt to reach agreements to enable the persons appointed under paragraph 23 to provide community correction services within Nisa'a Lands under provincial legislation.

25. An agreement under paragraph 24 will contain provisions:

a. ensuring that community correction services are delivered in accordance with generally accepted standards;

b. confirming the authority of the official charged with the responsibility for investigations, inspections, and standards under provincial legislation; and

c. for Nisa'a Lisims Government to provide community correction services consistent with the needs and priorities of the Nisa'a Nation.

26. The Nisa'a Nation and British Columbia may enter into agreements to enable the persons appointed under paragraph 23 to provide community correction services outside Nisa'a Lands under provincial legislation.

27. Persons performing duties under agreements referred to in paragraphs 24 to 26 will comply with all provincial standards respecting professional, personal, and other qualifications, except as modified by those agreements.

28. The Nisa'a Nation and Canada may enter into agreements:

a. to enable the persons appointed under paragraph 23 to provide community correction services under federal legislation; and

b. for the provision of services or programs for adult and young offenders, including their care and custody.

29. This Agreement does not authorize Nisa'a Government to establish places of confinement, other than jails or lockups operated by the Nisa'a Police Service, or as provided for under an agreement referred to in paragraph 28.

NISA'A COURT

General

30. Nisa'a Lisims Government may make laws to provide for the constitution, maintenance, and organization of a Nisa'a Court for the better administration of Nisa'a laws.

31. Until Nisa'a Lisims Government establishes a Nisa'a Court that has been approved by the Lieutenant Governor in Council, prosecutions under Nisa'a laws will be heard in the Provincial Court of British Columbia.

32. Any fines collected in respect of a penalty imposed on a person by the Provincial Court of British Columbia for a violation of a Nisa'a law will be paid to Nisa'a Lisims Government on a similar basis as British Columbia makes payments to Canada for fines that may be collected by British Columbia for a violation of a federal law.

Establishment of Nisa'a Court

33. If Nisa'a Lisims Government decides to establish a Nisa'a Court, Nisa'a Lisims Government will make laws to:

a. ensure that the Nisa'a Court and its judges comply with generally recognized principles in respect of judicial fairness, independence, and impartiality;

b. provide for means of supervision of judges of the Nisa'a Court by the Judicial Council of British Columbia or other similar means; and

c. provide procedures for appeals from decisions of the Nisa'a Court.

34. The Nisa'a Court may exercise its functions when the Lieutenant Governor in Council has approved the Nisa'a Court's structure, procedures, and method of selection of judges of the Nisa'a Court.

35. An amendment to the Nisa'a Court's structure, procedures, or method of selection of judges of the Nisa'a Court will take effect when approved by the Lieutenant Governor in Council.

36. The Lieutenant Governor in Council will approve the Nisa'a Court's structure, procedures, and the method of selection of the judges of the Nisa'a Court or any amendment to the structure, procedures, or method of selection of judges of the Nisa'a Court, if Nisa'a Lisims Government has made laws in accordance with paragraph 33.

37. Nisa'a Lisims Government will appoint the judges of the Nisa'a Court.

Nisa'a Court

38. The Nisa'a Court may exercise the powers and perform all the duties conferred or imposed on it by or under Nisa'a laws, in respect of:

a. the review of administrative decisions of Nisa'a Public Institutions;

b. the adjudication of prosecutions under Nisa'a laws; and

c. the adjudication of disputes arising under Nisa'a laws between Nisa'a citizens on Nisa'a Lands that would be within the jurisdiction of the Provincial Court of British Columbia if the disputes arose under provincial law.

39. The Nisa'a Court may adjudicate in respect of a dispute not referred to in paragraph 38 if the parties to that dispute, before commencing the proceeding in the Nisa'a Court, agree:

a. to accept the Nisa'a Court's authority to decide the dispute and to grant the remedies as between the parties sought in the proceeding; and

b. that any order of the Nisa'a Court will be final and binding, except for an appeal under paragraph 48.

40. In addition to the matters set out in paragraphs 38 and 39, the Nisa'a Court may exercise jurisdiction that may be assigned to the Nisa'a Court by federal or provincial law.

41. The Nisa'a Court:

a. may impose penalties and other remedies under the laws of Nisa'a Government, British Columbia, or Canada in accordance with generally accepted principles of sentencing;

b. in disputes under subparagraph 38 (c), may make any order that could be made by the Provincial Court of British Columbia if the disputes arose under provincial law;

c. in disputes under paragraph 39, may grant the remedies sought by the parties;

d. may apply traditional Nisa'a methods and values, such as using Nisa'a elders to assist in adjudicating and sentencing, and emphasizing restitution; and

e. may issue process, such as summons, subpoenas, and warrants.

42. Any process issued by the Nisa'a Court has the same force and effect as process issued by the Provincial Court of British Columbia.

43. In proceedings in which an accused person may receive a sentence of imprisonment under Nisa'a law, the accused person may elect to be tried in the Provincial Court of British Columbia.

44. The Nisa'a Court may not impose on a person who is not a Nisa'a citizen a sanction or penalty different in nature from those generally imposed by provincial or superior courts in Canada, without the person's consent.

Appeals

45. An appeal from a final decision of the Nisa'a Court in respect of prosecutions under Nisa'a laws may be taken to the Supreme Court of British Columbia on the same basis as summary conviction appeals under the Criminal Code of Canada.

46. An appeal from a final decision of the Nisa'a Court in respect of a review of an administrative decision under subparagraph 38 (a) may be taken to the Supreme Court of British Columbia on an error of law or jurisdiction.

47. An appeal from a decision of the Nisa'a Court in respect of a matter under subparagraph 38 (c) may be taken to the Supreme Court of British Columbia on the same basis as a similar decision could be appealed from the Provincial Court of British Columbia.

48. An appeal from a final decision of the Nisa'a Court in respect of a matter under paragraph 39 may be taken to the Supreme Court of British Columbia on an error of law or jurisdiction.

Enforcement

49. An order of the Nisa'a Court may be registered in the Supreme Court of British Columbia and, once registered, will be enforceable as an order of the Supreme Court of British Columbia.

Other

50. The Lieutenant Governor in Council, upon recommendation of Nisa'a Lisims Government and with the concurrence of the persons or bodies required under provincial law, may appoint a judge of the Nisa'a Court as a provincial court judge, justice of the peace, or referee.

51. Nisa'a Lisims Government is responsible for the prosecution of all matters arising from Nisa'a laws, including appeals, and may carry out this responsibility by:

a. appointing or retaining individuals to conduct prosecutions and appeals, in a manner consistent with the principle of prosecutorial independence and consistent with the overall authority and role of the Attorney General in the administration of justice in British Columbia;

b. entering into agreements with Canada or British Columbia in respect of the conduct of prosecutions and appeals; or

c. both (a) and (b).

REVIEW

52. The Parties will review this Chapter no later than 10 years after the effective date, and may amend this Chapter if all Parties agree.

Contents | Sections 1-70 | Schedule - Table of Contents | Preamble | Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10 | Chapter 11 | Chapter 12 | Chapter 13 | Chapter 14 | Chapter 15 | Chapter 16 | Chapter 17 | Chapter 18 | Chapter 19 | Chapter 20 | Chapter 21 | Chapter 22 | Schedule - Map of Nisga'a Lands | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M