Part 2.1 Status of Agreement-in-Principle

 2.1.1 This Agreement-in-Principle does not create legal obligations binding on the Parties.

2.1.2 This Agreement-in-Principle shall form the basis for concluding the Agreement.

Part 2.2 Status of Agreement

2.2.1 The Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Part 2.3 Coming into Effect

2.3.1 The Agreement comes into effect upon its ratification by all Parties as set out in chapter 23.

Part 2.4 Identity as Aboriginal People

2.4.1 Nothing in the Agreement shall be construed so as to deny that:

2.5.1 Inuit have the right to practice Inuit culture and to use Inuktitut in a manner consistent with the Agreement.

Part 2.6 Constitutional Division of Powers

2.6.1 The Agreement does not affect the constitutional distribution of powers between Canada and Newfoundland.

Part 2.7 Right to Benefit from Programs

2.7.1 Nothing in the Agreement affects the ability of Inuit to participate in or benefit from provincial or federal programs of general application or federal programs for aboriginal people. Participation in or benefits from those programs shall be determined by general criteria for those programs established from time to time.

Part 2.8 Right to Benefit from Existing or Future Constitutional Rights

2.8.1 Subject to certainty provisions referred to in part 2.12, nothing in the Agreement affects the ability of Inuit to participate in or benefit from any existing or future constitutional rights for aboriginal people which may be applicable to them.

Part 2.9 Rights as Citizens of Canada

2.9.1 Nothing in the Agreement affects the rights of Inuit as Canadian citizens.

Part 2.10 Status of Lands

2.10.1 Labrador Inuit Lands are not "Lands reserved for the Indians" within the meaning of section 91(24) of the Constitution Act, 1867.

Part 2.11 Other Aboriginal Peoples

2.11.1 Nothing in the Agreement shall be construed to affect, recognize or provide any rights under section 35 of the Constitution Act, 1982 for any aboriginal peoples other than the Inuit.

Part 2.12 Certainty

2.12.1 The Agreement will provide for certainty with respect to Inuit rights under section 35 of the Constitution Act, 1982.

2.12.2 Prior to the Agreement the Parties will:

(a) negotiate the precise legal technique to achieve certainty; and

2.13.1 The Inuit and the Designated Inuit Organization, indemnify and save harmless Canada and Newfoundland from any suit, action, claim, demand, proceeding, damage, cost, loss, liability and entitlement whether known or unknown, that is initiated, made or incurred after the Effective Date, against Canada or Newfoundland which any individual who is entitled to be enrolled as a Beneficiary, including any heir, successor or assign of that individual, ever had, now has, or may hereafter have, against Canada or Newfoundland as the case may be, that relates to or arises from aboriginal rights referred to in part 2.12.

2.13.2 The costs referred to in section 2.13.1 do not include fees and disbursements of lawyers and other professional advisors.

2.13.3 Canada or Newfoundland, as the case may be, shall vigorously defend any suit, action, claim, demand or proceeding referred to in section 2.13.1 and shall not compromise or settle any suit, action, claim, demand or proceeding without the consent of the Designated Inuit Organization.

2.13.4 For greater certainty, the right of a Party to be indemnified under section 2.13.1 does not extend to any suit, action, claim, demand, proceeding, damage, cost, loss, liability or entitlement that relates to or arises from its failure to carry out its obligations under the Agreement.

2.13.5 Canada indemnifies and saves harmless the Inuit, Inuit Central Government, and Labrador Inuit Association from any suit, action, claim, demand, proceeding, damage, cost, loss, liability and entitlement whether known or unknown that is initiated, made or incurred after the Effective Date against Inuit, the Inuit Central Government or Labrador Inuit Association by any Person other than an Inuk, the Inuit Central Government or Labrador Inuit Association that arises from Inuit Harvesting rights under chapter 12, for Migratory Birds, and under chapter 13, for Fish and Aquatic Plants where that suit, action, claim, demand, proceeding, damage, cost, loss, liability or entitlement relates to the effect of those Inuit rights on any Harvesting rights of the Person initiating, making or incurring the suit, action, claim, demand, proceeding, damage, cost, loss, liability or entitlement.

2.13.6 The Inuit, Inuit Central Government and Labrador Inuit Association shall vigorously defend any suit, action, claim, demand or proceeding referred to in section 2.13.5 and shall not compromise or settle any suit, action, claim, demand or proceeding without the consent of Canada.

Part 2.14 Invalidity

2.14.1 If a court of competent jurisdiction finds any provision of the Agreement to be invalid, the Parties shall make best efforts to amend the Agreement or agree on other measures to remedy the invalidity or replace the invalid provision.

2.14.2 Except for an action brought under part 2.13, no Party shall have a claim or cause of action based on a finding that any provision of the Agreement is invalid.

2.14.3 No Party shall challenge, or support a challenge, to the validity of any provision of the Agreement.

Part 2.15 Suits on Behalf of Inuit

2.15.1 Where a Beneficiary has a right of action that relates to or arises from the Agreement, the Designated Inuit Organization may initiate and carry on an action on behalf of that Beneficiary.

Part 2.16 Application of Laws

2.16.1 Subject to the provisions of this part, federal and provincial Laws apply to Inuit, the Inuit Government, Labrador Inuit Lands and Community Lands.

2.16.2 If there is any inconsistency or conflict between federal or provincial Law and the Agreement, the Agreement prevails to the extent of the inconsistency or conflict.

2.16.3 If there is any inconsistency or conflict between the ratification Legislation referred to in part 23.8 and any other Law, the ratification Legislation prevails to the extent of the inconsistency or conflict.

2.16.4 Subject to section 2.16.3, if there is any inconsistency or conflict between a federal Law made for purposes of implementing the Agreement and any other Legislation, the federal Law made for purposes of implementing the Agreement prevails to the extent of the inconsistency or conflict.

2.16.5 Subject to section 2.16.3, if there is any inconsistency or conflict between a provincial Law made for purposes of implementing the Agreement and any other Legislation, the provincial Law made for purposes of implementing the Agreement prevails to the extent of the inconsistency or conflict.

2.16.6 If there is any inconsistency or conflict between an Inuit Law or a Bylaw of an Inuit Community Government and the Agreement, the Agreement prevails to the extent of the inconsistency or conflict.

Part 2.17 Amending the Agreement

2.17.1 Unless otherwise provided in the Agreement, an amendment to the Agreement shall require the consent of the Parties and:

(a) Canada will give its consent by an order of the Governor in Council;

(b) Newfoundland will give its consent by an order of the Lieutenant Governor in Council; and

(c) the Inuit will give their consent by a resolution of the Designated Inuit Organization.

Part 2.18 Interpretation

2.18.1 There shall be an Inuktitut, an English and a French version of the Agreement. The English and French versions shall be the authoritative versions.

2.18.2 The preamble and schedules to the Agreement form part of the Agreement.

2.18.3 The preamble, the several chapters and the schedules of the Agreement shall be read together and interpreted as one agreement.

2.18.4 The Agreement is the entire agreement and there is no representation, warranty, collateral agreement or condition affecting the Agreement unless otherwise provided in the Agreement.

2.18.5 The Agreement shall be construed according to the Newfoundland Interpretation Act, with any modifications which the circumstances require.

2.18.6 Except where a specific date is indicated, citation of Legislation refers to Legislation as amended from time to time and includes replacement or successor Legislation.

2.18.7 Notwithstanding section 2.18.6, references to the Constitution Act, 1867, Constitution Act, 1982 and Migratory Birds Convention Act, 1994, include any later amendments.

2.18.8 All headings are for convenience of reference only and form no part of the Agreement.

2.18.9 Words that begin with a capital letter or phrases in which each word begins with a capital letter have the meaning specified in the Agreement.

2.18.10 Where a word is defined in the Agreement, other parts of speech, and tenses, of the same word that begin with a capital letter have a corresponding meaning.

Part 2.19 Charter of Rights and Freedoms

2.19.1 The Agreement will provide that the Canadian Charter of Rights and Freedoms will apply to the Inuit Government.

2.19.2 Prior to the Agreement the Parties will negotiate the provisions referred to in section 2.19.1

Part 2.20 Disclosure of Information

2.20.1 Notwithstanding any other provision of the Agreement, neither Canada nor Newfoundland shall be required to disclose any information that it is required or entitled to withhold under any Law, excluding a Law of the Inuit Government, relating to access to or privacy of information but if either Canada or Newfoundland has a discretion to disclose any information, it shall take the Agreement into account in exercising that discretion.

Part 2.21 Communications

2.21.1 Communications from the Inuit Government:

(a) to Canada, shall be in one of Canada’s official languages; and

(b) to Newfoundland, shall be in English.

2.21.2 Communications from Canada or Newfoundland to the Inuit Government shall be in English or at the sole discretion of Canada or Newfoundland, as the case may be, in Inuktitut.

2.21.3 For greater certainty, nothing in section 2.21.2 abrogates or derogates from any right, privilege or obligation with respect to the official languages of Canada which the Inuit Government may have under the Constitution of Canada.

Part 2.22 Warranty of Representation

2.22.1 The Labrador Inuit Association represents and warrants to Canada and Newfoundland that it represents those individuals eligible to be Beneficiaries.

Part 2.23 Conflict of Laws

2.23.1 Notwithstanding any other provision of the Agreement, if there is a Conflict between a Law of General Application and a valid Inuit Law or a valid Bylaw of an Inuit Community Government which has an incidental impact on:

(a) a subject matter in respect of which the Inuit Government does not have jurisdiction; or

(b) a subject matter in respect of which an Inuit Law or Bylaw of an Inuit Community Government does not have paramountcy over federal or provincial Law,

the Inuit Law or Bylaw of the Inuit Community Government is valid but the Law of General Application prevails to the extent of the Conflict.

2.23.2 Notwithstanding any other provision of the Agreement, if there is a Conflict between an Inuit Law or a Bylaw of an Inuit Community Government and:

(a) a federal Law in relation to the peace, order and good government of Canada; or

(b) a federal Law that relates specifically to the criminal law or criminal procedure, the recognition and protection of human rights of all Canadians, or the protection of health and safety of all Canadians,

the federal Law prevails to the extent of the Conflict.

2.23.3 When considering an apparent Conflict between an Inuit Law or a Bylaw of an Inuit Community Government and a federal or provincial Law, a court shall prefer any reasonable interpretation of the Laws that avoids a Conflict over any alternative interpretation that results in a Conflict.

2.23.4 Wherever a provision of the Agreement establishes a rule with respect to a Conflict of Laws, that rule applies to any Law or Bylaw made by a delegate.

Part 2.24 Negotiations under the Agreement