NORTHWEST TERRITORIES
The Tlicho Government is taking the federal government to court over the elimination of its regional land and water board, and Grand Chief Eddie Erasmus says they are in this fight for the long haul.

Tlicho Grand Chief Eddie Erasmus says the Tlicho Government wants to see a court injunction to stop the elimination of the Wek'eezhii Land and Water Board, which is currently scheduled to be dissolved on April 1, 2015. Here, he speaks on the matter at a Dene Nation assembly in Dettah in March. - Laura Busch/NNSL photo

“The government of Canada ignored our voice and made changes to the (Mackenzie Valley Resource Management Act) without our consent and without meaningful consultation,” said Erasmus. “This is to protect our agreement and ensure that the Tlicho continue to have a say about what happens in our territory. This court case is about protecting our agreements and making Canada accountable for their broken promises.”

Through this court challenge, which was announced on May 8, the Tlicho Government are asking for a declaration acknowledging that the amendments to the MVRMA violates the Tlicho Agreement and Canada's promises to First Nations. Erasmus would also like to see a declaration stating that Canada and federal Minister Bernard Valcourt breached their duty to consult and accommodate the Tlicho people before passing the legislation that will eliminate the territory's three regional land and water boards on April 1, 2015.

Finally, the Tlicho are seeking a court injunction that would prevent “any steps to eliminate the water board,” said Erasmus.

“We're not seeking any damage or any financial gain in this lawsuit,” he said. “Our goal is simply to defend our aboriginal and treaty rights, and maintain our role as joint decision makers in our traditional territories.”

Erasmus said that this court case is not about devolution and that the Tlicho Government has no interest in suing the territorial government. The Tlicho Government signed on to the devolution agreement-in-principle in Behchoko on March 8, and continue to support the transfer of responsibilities for land, water and resources to the territorial government.

What prompted the legal action was the last-minute decision to include an overhaul to the territory's regulatory system in Bill C-15, the Northwest Territories Devolution Act. The creation of a single land and water board is completely separate from devolution – and should have been kept that way, said Erasmus.

The Department of Aboriginal Affairs and Northern Development Canada declined News/North's request for comment because this matter is now before the courts.

More court actions possible

The Dene Nation is in full support of the Tlicho Government’s case, and it is looking at potentially filing further court action against the regulatory overhaul, National Chief Bill Erasmus told News/North.

“The Dene Nation is exploring those possibilities right now,” he said.

“There may be other court actions that are filed. This is just the beginning of the process.”

The Dene Nation is in full support of the Tlicho Government’s case, and it is looking at potentially filing further court action against the regulatory overhaul, National Chief Bill Erasmus told News/North.

“There may be other court actions that are filed. This is just the beginning of the process.”

Erasmus did not want to comment on the specifics of federal consultation, other than to say that no one from the federal government has ever spoken to him about the changes.

“This is way beyond consultation, this is Tlicho ancestral territory and Canada doesn't have the authority to do what they're attempting to do,” said Erasmus.

John Pollard, a former territorial finance minister from Hay River who attempted to run as a Conservative in the 2011 federal elections before his nomination was declared invalid, served as chief federal negotiator for the regulatory overhaul.

At a public hearing before the federal Standing Committee on Aboriginal Affairs and Northern Development in Yellowknife in January, Pollard cited the defunct Dene Metis Comprehensive Agreement as supporting a single land and water board.

“The comprehensive claim that failed called for one land and water board,” he said before going through the history of the Gwich'in, Sahtu and Tlicho land and water boards, arguing that too many board members became involved in the regulatory process and the system became bloated – and was in danger of becoming even more so if other regional land and water boards were established in the Deh Cho and the South Slave.

The then-proposed changes to the MVRMA would reduce a potential 30 board members to 11, which Pollard argued kept with the original intent of the land claims process.

Erasmus took great exception to having the Dene Metis Comprehensive Claim – a document he signed in principle – used to support a super board.

“I would never have put my name to something that would gut the authority that our people have,” he said. “It goes back to the spirit and the intent.”

“The Tlicho are protecting their treaty, and they've made the decision to go to court. The Dene Nation is exploring those possibilities right now and they may end up also in court. This is not going to go away and it's a fight that's going to last a long time.”