'Full steam ahead' for fibre-optic project despite first nation protest
Miltenberger disappointed in use of project as 'bargaining chip'; Chief Tim Lennie says court may be an option
Andrew Livingstone
Northern News Services
Thursday, April 2, 2015
PEHDZEH KI/WRIGLEY
With the territorial government and Dehcho First Nation embroiled in a fight that could potentially topple years of work on settling land claims in the region, Pehdzeh Ki First Nation is pulling its support for the GNWT's highly-anticipated fibre optic line project.
In a statement from Pehdzeh Ki First Nation (PKFN), Chief Tim Lennie said support for the project on their lands is gone due to the breakdown in the Dehcho Process.
"We are prepared to negotiate a fair agreement with them, but these bully tactics make it very difficult to see a way forward other than through the courts," he said. "The PKFN will not be able to accommodate nor support this project crossing over our asserted traditional lands till such a time as GNWT resolves the impasse with Dehcho First Nations."
Despite losing the support of the first nation, the territorial government said it plans to keep the fibre optic project, considered significant for the entire territory, on schedule.
"The project is going full steam ahead," said Finance Minister Michael Miltenberger, who has been the lead on the project, n an interview with the Deh Cho Drum. "We're planning to meet our targets this year and we're looking at keeping this thing on schedule. We're tracking what's happening in that other area, but our focus is getting it done on time and on budget."
Miltenberger said he's disappointed the project has become a bargaining chip being used as leverage in the Dehcho Process negotiations.
If Wrigley decides it doesn't want its residents to have the benefit of improved Internet service, Miltenberger said it would be something the territorial government would be willing to discuss.
"If they don't want to have a fibre optic connection to their community, that's a discussion we can have," he said. "It's a project of territorial significance and hopefully this issue can be disentangled from the (Dehcho Process). We need to make sure we don't get sidetracked or hyperventilate on things we can't control immediately."
In terms of the potential for a court battle over whether the project can proceed through Pehdzeh Ki First Nation land, Miltenberger said it's something that is on his radar, however he's not worried quite yet.
"If something untoward happens, we will deal with it," he said. "We're confident and comfortable we're moving in the right direction. Decisions are made and strategies are planned out and we have to adjust and keep moving and not get sidetracked. That's the territory we live in, the politics are there. In this business, if I worry too much about all this stuff, my head would explode. You recognize it, you see it and keep moving."
The First Nation doesn't have ownership rights over their lands as they are still considered Crown land under the Territorial Lands Act. However, PKFN could file an injunction with the courts, a likely option considering the strong language from Lennie. If accepted the project would come to a halt.
Lennie said the people and leadership of Pehdzeh Ki fully support the stand taken by the Dehcho First Nation (DFN) and will stand firm against what he characterized as a "bullying" tactic by the territorial government.
"The Crown has a legal duty to negotiate in good faith with us," Lennie said in the statement, adding government officials and staff are no longer welcomed on their land or in their community. "They can't simply issue ultimatums and then abandon negotiations and threaten to terminate our existing agreements, but that is exactly what they are doing."
The DFN has said the territorial government issued an ultimatum on the amount of land to be allocated to the First Nation and threatened to terminate all negotiations unless the deal was agreed upon, threatening to reset years of negotiations.
Dehcho First Nations Grand Chief Herb Norwegian said the government's offer of 37,500 square kilometres of surface rights and 17.75 per cent royalties on subsurface rights was rejected by the group, which is seeking approximately 50,000 square-km.
Premier Bob McLeod told the Drum recently that the claim the government is trying to terminate the Dehcho Process is untrue.
However that statement was contradicted by a Feb. 20 letter from the premier to Norwegian which indicates the territorial government would, in fact, terminate the agreement if the deal isn't accepted by early April.
Lennie said devolution has been a mistake and the territorial government needs to recognize the Dehcho Dene are "owners of the land."
"We are very disappointed in the government's inability to adequately deal with our lands rights issues. We have been given a take it or leave it offer ... which we do not support."
