Hurdles to overcome in Gwich'in land claim agreement
Malcolm Gorrill
Northern News Services
Fort McPherson (Nov 24/00) - Negotiations on the Gwich'in Comprehensive Land Claim Agreement have hit a few snags.
John Bainbridge, claims implementation co-ordinator, made a presentation last week at the 17th annual Gwich'in Tribal Council (GTC) General Assembly.
The first snag is the section of the Mackenzie Valley Resource Management Act that covers a monitoring program for cumulative impacts and an independent environmental audit.
Bainbridge said the section, which has yet to be implemented, ties in with regulatory boards established elsewhere in the Act and is "crucial."
"Where there is something going on that's going to be significant, have a significant effect, it's got to go to the environmental impact review board," Bainbridge said.
Bainbridge said the monitoring program will be community-based and serve a dual purpose.
It will collect environmental information from communities, government and industry and be a source of information for anyone who needs it.
"This is the only piece of legislation in Canada that mandates a monitoring program. So this is truly an enlightened piece of legislation," Bainbridge said.
The federal government eliminated funding for implementing part six last June after Department of Indian Affairs and Northern Development (DIAND) in Yellowknife requested $350,000.
Bainbridge said that DIAND in Ottawa has "grudgingly" agreed to provide $100,000, which he terms an insult.
Paramount dispute
Bainbridge said DIAND has refused a request by the Gwich'in to deny certain activities, including mining and oil and gas development, on several tracts of Crown land.
Bainbridge said this dredges up two fundamental issues. One is that the lands in the settlement area are 40 per cent private and 60 per cent Crown owned, but are supposed to be co-managed. He said this disagreement calls into question the meaning of co-management.
As well, Bainbridge said that the land claim agreement is in Canada's Constitution and takes precedence over other legislation.
"They're saying the land claim is paramount, but Mackenzie Valley Resource Management Act is not."
Bainbridge said the GTC said those seeking a mining permit in those areas can ask for an exemption.
