Nathan VanderKlippe
Northern News Services

Yellowknife (May 20/02) - The Akaitcho Territory First Nations are taking the federal government to court in an attempt to block the Dogrib First Nation from taking control of a large swath of disputed territory.

"Today is one of those days that is going to go down in history," said Don Balsillie, chief negotiator for the Akaitcho.

They filed a statement of claim in federal court, naming the Minister of Indian Affairs and Northern Development as the defendant representing Canada.

They claim that Nault has a duty to negotiate on a boundary between the Akaitcho and the Dogrib, and the use of disputed land.

The dispute stems from a century-old treaty inconsistency. Both the Akaitcho, under Treaty 8, and the Dogrib, under Treaty 11, lay claim to a significant swath of land between Lutsel K'e and Fort Rae.

Part of the underlying reason for the filing is a fear of what will happen when some of the region's natural resources are expended -- and Akaitcho are pointing their finger squarely at the federal government.

"I have to protect what rightfully belongs to the Akaitcho people," said Lutsel K'e chief Archie Catholique.

Balsillie said that the cost to the government of funding this statement of claim would be "two diamond mines (and) two gold mines."

The minister has 30 days to file a statement of defence. An official with DIAND said the department will spend a few days reviewing the filing before making a formal response.

The filing calls on the government to prevent the Dogrib from initialling their final agreement until the boundary dispute can be resolved. The Dogrib are said to be working toward an August initialling date.

The Akaitcho are also calling on the government to pay for all costs associated with the statement of claim.

Chiefs from Lutsel K'e, Ndilo, Dettah and Deninu Ku'e gathered in Dettah Friday to present details of the filing.

One of the demands is that the Mackenzie Valley Land and Water Board not be given jurisdiction over Akaitcho territory, since the Akaitcho have not expressly agreed to its establishment.

They are also concerned with the definition of "Dogrib" in Treaty 11, which was signed in 1921. It is broad enough to cover many Akaitcho people.

The Dogrib are accusing the Akaitcho of operating with "hidden agendas," and of leveraging the boundary dispute to make demands against the federal government.

"It's unfortunate that we're dragged into the process," said John B. Zoe, chief negotiator for the Dogrib.

In the past, Zoe has said Akaitcho demands for a to stop talks toward a Dogrib final agreement "completely unacceptable."

The last boundary talks between the Akaitcho and the Dogrib happened earlier this month. Akaitcho leaders said they have no plans for future negotiations. In April, Nault said he was prepared to personally step into the dispute.