Will the Government of Canada resolve all overlap issues before it ratifies the Maa-nulth Final Agreement? What happens if overlap issues cannot be addressed?
Federal negotiators have been consulting with overlap groups to ensure their concerns are understood and addressed before concluding the treaty. Discussions with overlaps groups will continue if any overlap group asserts that it has an Aboriginal right that is being infringed by the treaty. In the event the courts were to determine that an overlapping First Nation has Aboriginal or treaty rights that are adversely affected by the treaty, the Maa-nulth Final Agreement provides a remedy. In that situation, the Maa-nulth Final Agreement contains provisions for it to be read down or amended to accommodate the court decision.