Ditidaht & Pacheedaht Agreement in Principle – June 28, 2019

the provision will be severable from the Treaty to the extent of the invalidity or unenforceability and the remainder of the Treaty will be construed, to the extent possible, to give effect to the intent of the Parties. [...] 3.8.4 For the purposes of 3.8.1.a.i, an individual to whom Ditidaht / Pacheedaht issues an interest in accordance with 3.8.3 has substantially the same right to possess the described parcel of Ditidaht / Pacheedaht Lands as the individual had as the holder of the certificate of possession under the Indian Act immediately before the Effective Date, modified to reflect the law making authority of Di. [...] 3.14.22 Where a fee simple interest in a parcel of land is returned to Ditidaht / Pacheedaht in accordance with 3.14.21, the parcel of land will become Ditidaht / Pacheedaht Land on the date of the transfer of the fee simple interest in the parcel of land to Ditidaht / Pacheedaht. [...] 3.14.27 Where the terms and conditions of the return of an expropriated interest in Ditidaht / Pacheedaht Land cannot be agreed upon by Ditidaht / Pacheedaht and the Federal Expropriating Authority at the time of the expropriation, either Ditidaht / Pacheedaht or the Federal Expropriating Authority may refer the issue to be finally determined by arbitration under the Dispute Resolution Chapter. [...] 3.14.30 Without limiting the generality of 1.10.1, in the event of an inconsistency between the Treaty and the federal Expropriation Act or other Federal Law relating to the expropriation, the provisions of the Treaty will prevail to the extent of the inconsistency.