Derek Neary
Northern News Services

Kakisa (Aug 25/00) - The Deh Cho First Nations' draft framework agreement and interim measures agreement were examined clause by clause during last week's Deh Cho Assembly.

Some delegates were worried the federal government is still trying to extinguish aboriginal title. DCFN chief negotiator Chris Reid said the negotiations team is also suspicious.

"To be honest with you I think that still may be their goal. We will find out," he said.

In the past, DIAND has required aboriginal title to the land to be extinguished. Now they are seeking "certainty." The definition of certainty, however, is still uncertain, Reid admitted.

"It's not enough just not to use the word extinguishment," he said, referring to the Nisga'a Treaty as an example. He said that treaty still resulted in the land being divided into little blocks, some owned by the First Nations, others belonging to the Crown.

"That's not going to happen in the Deh Cho."

Unique process

Although federal negotiators have claimed to understand the DCFN's position, there's still no guarantee the Crown will comply, Reid said.

"I've been very blunt about this from the beginning. I don't know whether this will succeed or not ... This goes beyond anything Canada has ever agreed to," he said.

The Deh Cho Proposal doesn't fit under any of the current federal government "land claim" processes, which are: comprehensive claim, specific claim and treaty land entitlement.

Reid said it's hoped the federal government's policy will become more liberal while phase two negotiations take place over the next seven years.

Wording challenged

Some delegates, such as former grand chief Gerald Antoine, were uneasy over some of the wording in the draft framework agreement -- which spells out the areas of self-government negotiations -- could be interpreted by the federal government.

Antoine was also worried the document may be straying from the original aim of the Deh Cho Declaration. Others argued that the negotiations teams had already visited the communities to review and revise the documents.

A resolution was passed to have a teleconference among the DCFN leaders following the September negotiations session between the DCFN and the federal government. If the leaders cannot agree by consensus to ratify the agreements then a special assembly will be called to further review the documents.

Timing important

Reid cautioned the delegates that DIAND is a huge bureaucracy and it would take roughly four months for the draft agreements to be approved by the federal government. If everything goes smoothly the agreements could be signed off by late December.

If the DCFN stalls, the element of risk grows because a federal election is potentially in the offing for spring, Reid said. Even if the Liberal government returns, the process would be delayed significantly.

Of even greater concern would be a victory by the Canadian Alliance Party, he said.

"After an election you might be dealing with Prime Minister Stockwell Day," he said.

"And I'm telling you right now, Prime Minister Stockwell Day is not going to sign this framework agreement."

Should the government of the day be opposed to the Deh Cho Proposal, there is always the court option, but despite the Delgamuukw ruling, there's no guarantee that things will go the DCFN's way, Reid said.

"If you go to court, you'll be going before a white judge and asking him to interpret what the treaties say," he told the delegates.

Barring political and legal routes, the final option would be to assert First Nations rights by physical means such as blockades, Reid said.

Territorial government's role

Reid said the DCFN does not agree with having the GNWT at the table for most negotiations issues. If the GNWT attempts to entrench or extend their jurisdiction on any matter, "there will be trouble," he predicted.

"These negotiations may or may not succeed" based on GNWT involvement, Reid told the assembly. "In April of this year, negotiations almost fell apart over this issue."

But federal negotiators have said the DCFN has "pushed them as far as they can go" in terms of the existing draft framework agreement, he added.

When a delegate said the framework agreement still recognizes the federal government, Reid explained that Canada will still likely continue in some roles such as providing postal service and currency. And the DCFN may also choose to continue using some GNWT services such as road maintenance and some specialized medical services.