Terry Halifax
Northern News Services

Yellowknife (Oct 16/00) - First Nations negotiators have added their voices to a chorus of concern about the territorial government's role in treaty talks.

Their comments follow public criticism of the GNWT's role in talks by Patrick Scott, who once represented the territorial government at Dogrib negotiations.

Scott said the GNWT should be included as part of the federal caucus at the negotiations table instead of a separate party -- a sentiment echoed by many First Nations. Chief negotiator for the Deh Cho First Nation, Chris Reid argues that the territorial government is a creature of the federal government and lacks the constitutional powers of a province.

"They are a creation of the federal government just like DIAND is or like Parks Canada is," he said. "We've always felt that that's the appropriate role for them -- to be part of the federal negotiating team.

"Canada has simply refused to negotiate that way."

Reid said he doesn't see any real rationale for it and can only speculate why the feds insist on the tripartied talks and fears concerns over the GNWT's role is going to be an ongoing issue.

The DCFN has tried to establish a list of which talks would be bilateral and which would be trilateral, but the federal government was "not interested."

He cited natural resources and land management as areas over which the GNWT has no jurisdiction, but agrees the territorial government does have a role when it comes to health and education.

The DCFN suspect the feds and the GNWT will use the Deh Cho negotiations to extend GNWT jurisdiction into areas of resource management now controlled by the feds.

"If that's what they try to do in the negotiations, there will be serious trouble -- the negotiations will probably not continue," Reid said, adding that both governments have been reluctant to tip their hand.

"Either they have a policy and they're not telling us what it is, or they don't have a policy, in which case you have to wonder about what chance there is of the process succeeding anyway," he said.

Dogrib chief negotiator John B. Zoe said while talks are proceeding and the band is now working with two new negotiators from the GNWT, the process has not been easy with three groups at the table.

"In any claims talk it's an uphill battle and you just start at the bottom and work your way up," Zoe said. "No doubt about it, that's one of the many challenges.

"We are creating tools for whoever is coming next," he said. "In some ways, we are setting precedent as to how these things will be done."

Beaufort Delta Self Government chief negotiator, Bob Simpson said they are on target to sign an Agreement in Principle by the end of this year.

Simpson said talks have gone fairly well at their table, but there have been delays.

"Sometimes the federal and territorial (governments) take a different position on things, but not too often," Simpson said. "There are problems ... there has been an unreasonable delay in waiting for quite a while for several key positions of the GNWT.

"I really don't think the territorial government has been as prepared as they could be, politically or at an officials level," he added. "We're spending a lot of time dealing with the departmental people rather than having very clear authorities for the negotiator to shape the agreement."

He said that during talks negotiators are restricted as to what they can do.

"I pity the GNWT negotiator," he said. "Either they have to be incredibly forceful to bulldoze through the system or even get a reaction out of the system, or you have to be very passive and try to work with them," he said. "If you're trying to work with them, you're not able to meet significant time constraints."

Bill Austin, deputy Minister for the Department of Indian and Northern Affairs and GNWT Minister Responsible for Aboriginal Affairs Jim Antoine had not returned phone calls by deadline.