ACHO DENE KOE/FORT LIARD - Chief Steve Kotchea said he's not spending time worrying about the potential outcome of a legal action by Acho Dene Koe First Nation's neighbours.

On Nov. 22 the Nahanni Butte and Sambaa K'e Dene Bands jointly filed an application in the federal court for a judicial review of the government of Canada's decision not to consult with them prior to signing an agreement in principle with Acho Dene Koe First Nation (ADK).

For the past two years the three first nations have been in negotiations to reach a boundary overlap agreement related to disputed traditional lands.

The negotiations broke down in June which led Trout Lake and Nahanni Butte to send a written request to the minister of the Department of Indian and Northern Affairs Canada asking for direct consultation prior to the signing of an agreement in principle with ADK.

In a reply the minister said consultation would take place after, not before, an agreement is signed.

Kotchea said he accepts but doesn't agree with Trout Lake and Nahanni Butte's legal route.

"It's not how my great-great-grandfathers dealt with disagreements," he said.

"They want to do it the white man's way I guess."

Both Trout Lake and Nahanni Butte have stated from the beginning ADK didn't want to consult with them or negotiate the boundary overlap. Kotchea said that isn't true.

"We want them to participate," he said.

ADK invited the two other First Nations to negotiation meetings held in Fort Liard with the federal government. They could have asked their questions directly to Canada, said Kotchea. Neither First Nation chose to attend.

"We're not hiding anything from our neighbours," he said.

"Everyone's input is important. We don't want to leave anyone out."

According to Trout Lake and Nahanni Butte, ADK also declined to participate in proposed meetings designed to bring together elders and harvesters from all three sides to discuss the overlap. Kotchea said he doesn't remember receiving invitations to such meetings.

Acho Dene Koe is continuing to stand behind the boundary it submitted to the federal government. The boundary was laid out by the elders and can't be changed, said Kotchea. The area, which extends into the Yukon and British Columbia, also covers significant portions of land Trout Lake and Nahanni Butte consider their traditional land use areas.

Part of the disagreement between the three bands is based on a difference in the interpretation of what a boundary is, he said. The federal government wants a boundary established so it's clear who has mineral and oil and gas rights in the area and who will manage those resources, said Kotchea.

The boundary will exist underground and won't affect the traditional uses of the land that take place on the surface including hunting and trapping, he said. People from Trout Lake and Nahanni Butte will be free to continue following the animals even after a boundary is established.

"We are family and we should continue to have that relationship," he said.

Kotchea said he continues to remain positive about ADK's land claim and self-government negotiations. Fort Liard will be able to secure land it can call its own and pursue development on that land so residents will have work, he said.

Neither Chief Fred Tesou of Nahanni Butte nor Chief Dolphus Jumbo of Trout Lake could be reached for comment.

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