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DEH CHO
Dehcho First Nations is declaring victory in its work to protect Edehzhie.

The federal government has agreed in writing to complete the final stages of the NWT Protected Areas Strategy needed to protect Edehzhie as a national wildlife area. - map courtesy of the NWT Protected Areas Strategy

In the first week of March, the federal government agreed in writing to complete the final stages of the NWT Protected Areas Strategy to establish Edehzhie as a co-managed national wildlife area. The government also agreed to pay Dehcho First Nations' (DFN) litigation costs and in return, DFN has agreed to withdraw its judicial review application.

"We're quite pleased," said Grand Chief Herb Norwegian.

Had Canada followed its original intentions, however, the legal process wouldn't have been necessary, he said.

"There was no reason for us to go to court on this thing," Norwegian said.

Edehzhie is an area on the Horn Plateau that contains the headwaters of the Rabbitskin, Willowlake and Horn Rivers as well as Mills Lake, which are considered important fish and wildlife habitat. The area has always been used for hunting, fishing, trapping and other traditional uses and hosts a number of cultural sites.

In 1998, DFN began working through the NWT Protected Areas Strategy (PAS) to achieve permanent protection for the area. The Edehzhie candidate protected area, 25,000 square kilometres, was protected by a surface and subsurface interim land withdrawal in 2002. According to DFN, it was understood that protection would be renewed and remain in place until Edehzhie was permanently protected as a national wildlife area.

In November 2010, Canada, without consultation, withdrew subsurface protection to the area, opening it up to potential underground resource development. That led DFN to launch an application for judicial review in the federal court seeking reinstatement of the protection until the PAS is complete.

In 2011, the federal government restored subsurface protection for the portion of Edehzhie, 14,250 sq.-km, within a recommended boundary for the national wildlife area proposed by the Edehzhie working group.

Canada then sought to have the case dismissed because DFN's concerns had been addressed. The court rejected the argument.

Norwegian said DFN tries to be as diplomatic as possible and pursues a public process when disagreements with the federal government arise, but that DFN is willing to go to the courts when needed.

"It's not the road we want to go down," he said.

In its written agreement to complete the final stages of the PAS, the federal government didn't provide a timeline of when that work would take place.

Completion of Dehcho Land Use Plan

Norwegian said he'd like to see the conclusion coincide with the completion of the Dehcho Land Use Plan, which is more than 90 per cent complete.

"That piece of the Rubik's cube needs to be completed so that all of the other pieces line up," he said.

The federal government hasn't reinstate subsurface protection for the portion of Edehzhie that won't be part of the national wildlife area that will be co-managed by them and DFN. Norwegian said the Dehcho Land Use Planning Committee will examine how to protect that area using the land use plan. Caution will have to be taken because any increase in protection in one area will disrupt the conservation balance in the Deh Cho, he said.

Norwegian said DFN will be monitoring the currently unprotected portion of Edehzhie for any signs of exploration or staking by resource development companies.

In an e-mail, Michelle Perron, a spokesperson with the Department of Aboriginal Affairs and Northern Development Canada, said Canada is committed to working with its partners to complete the Protected Area Strategy process for the Edehzhie candidate national wildlife area.

"The Government of Canada is working with its partners to determine the next steps for the candidate areas," she stated.

Perron said Canada looks forward to working with Dehcho First Nations and the Tlicho government on the establishment of the Edehzhie national wildlife area. Responsibility for implementing the NWT Protected Areas Strategy is shared between the federal and territorial governments, working in partnership with communities, regional organizations and land claim groups.

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