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Dane Gibson
Special to Northern News Services
He's now responsible for the needs of much more than his community as the chief negotiator for the Akaitcho Territory.
News/North: How much different is the job of being chief negotiator for Akaitcho than being chief of a community?
Don Balsillie: The big difference is that my focus isn't just on the needs of my community. Now I'm looking at things like devolution. I'm focusing on how we fit into the pan-territorial picture and how future generations of Akaitcho Territory Dene will govern themselves and manage their lands and resources.
I'm also watching how other aboriginal claimant groups are progressing and how their claims are working or not working.
N/N: Your negotiating team is working towards signing a co-existence agreement. What does that mean?
DB: Co-existence is a pretty straightforward thing. We understand from our forefathers, who had first contact with white men, that there was a necessity to respect the newcomers, and that to have peace we would have to co-exist in harmony. We understand co-existence as a way to share the responsibility of managing the people and the land here. And we feel it's the only way for everyone to benefit. If you look at our territory we have such a wealth of renewable and non-renewable resources that there's enough for everyone to live comfortably.
N/N: But the federal government seems to only recognize the comprehensive claim process, which means extinguishing your rights to the land.
DB: The way to protect the environment and make our communities self-sustaining is to work together and that's what co-existence means. It's like living in a dwelling. You can't expect one person to be responsible for everything in a dwelling. Having one person trying to control everything can only lead to problems. That's the way we see things in Akaitcho. We're referred to as treaty people -- we live with an agreement that was made between our government and the Crown. It's up to both parties to respect the agreement that was made. We never agreed to give up ownership of our lands and we never will.
N/N: Is that why Akaitcho took the federal government to court?
DB: Basically we took them to court because we believe they're guilty of not negotiating with us in good faith. The government is in a process with Dogrib Treaty 11 that is a comprehensive claim. It's a process that leads in a certain direction.
Our process is about co-existence, and while there are similar aspects between the two they are not the same. We need to have the opportunity to negotiate the kind of agreement that we feel is in the best interest of our Akaitcho communities and everyone else who lives here. We have the right to do that under our treaty.
N/N: Do you think that you're having difficulties with the Dogrib Nation and the federal government because of the co-existence model you've decided to follow?
DB: Not so much with the co-existence stance. What is happening is that the Dogrib have taken the comprehensive claim approach, which means they are going to extinguish most of the rights they have as treaty people. By including one-third of our territory in their land settlement area, the Dogrib Final Agreement will have a major impact on the rights of Akaitcho people.
We're going to do everything in our power to protect those rights and negotiate an agreement that we feel is most appropriate to our part of the territory and an agreement that will provide for all of our future generations.
N/N: Do you think that by allowing the land settlement area as it's proposed now in the Dogrib Final Agreement, the federal government is trying to force you to extinguish your rights?
DB: They're definitely trying to move Akaitcho in the direction of the agreements that have been previously settled in the Mackenzie Valley.
They would prefer to have all (rights) extinguished because it gives (First Nations) clear title to land and resources and the authority to implement their own legislation.
Our elders have always told us we can share the benefits, share management and share our lives and communities. We are attempting to negotiate a balance and to ensure all future generations of our people aren't stripped of their ability to make decisions regarding their own lands.
N/N: What kind of decisions are you talking about?
DB: I mean they must have a say in what happens to the lands and resources in Akaitcho Territory and a say in how things are governed.
The Dene people have been living under a system that was forced on them without their consent. Enough time has passed now where we've reached a level of understanding about that system. We know that extinguishment should not be presented as the only alternative to settling a treaty claim.
N/N: Why not?
DB: Because we can do something that doesn't force us under the umbrella of another system of governance.
There is a way that our traditional decision-making systems, Dene law and other more general aspects of our culture and way of life don't have to be given up. We have an opportunity to develop a regime that brings the best of both worlds together in a respectful way -- and to develop a modern arrangement that will work for all parties.
N/N: Is that realistic?
DB: I think it's something we can accomplish, but only if there is an open and honest dialogue between the negotiating parties.
It's unfortunate that the people who work under government policies aren't given a broader mandate to find new and creative solutions to old problems. It's frustrating to us, and it's frustrating to the people who want to move ahead with us. The government has a hard time working outside of the box, but it can be done.
N/N: How can it be done?
DB: We're attempting to find innovative ways to capture the spirit and intent of the treaty that was signed on our behalf in 1900.
That means we have to use all the tools that are out there to make the best of the situation. We think the treaty we hold has enough strength to carry this forward.
We're setting a foundation right now, and we recognize that if the foundation we build isn't strong then the people that follow behind us will be left to fix it. The cornerstones of the foundation have to be able to stand the test of time.
N/N: So those are the four cornerstones that the 35 points in the Akaitcho Framework Agreement will be negotiated under?
DB: Yes. And what we're saying is that after we come to an agreement we can't keep going back to try and reset the cornerstones. The treaty lays out what is possible, but it's up to us to lay the foundation.
N/N: Do you want to manage the Akaitcho Territory yourselves?
DB: No, and that's not how we're looking at this. We recognize that we can negotiate the best darn agreement in Canada but if we don't have the financial and human resources to put it to work then we won't be giving our younger generations much. Co-existence means working together.
N/N: What will things look like after Akaitcho reaches a settlement? How does this thing all come together?
DB: To implement an agreement is one thing. Then there's the reality of making it work. We are very aware that we must work with all people in the Northwest Territories, as well as industry, and both levels of government to make this work. We all rely on each other and we need each other, that's not going to change.
N/N: Isn't the process just too complicated?
DB: I think it is.
All people need to be aware of what the agreements that are being reached are about and what the intent of the agreements are. To make that possible they have to be clear and unambiguous and there has to be as little legal jargon as possible. Unfortunately, that's often not the case.
N/N: Do you think people will understand what's happening with Akaitcho?
DB: We sure hope so. In our case once we reach an agreement we won't be duplicating services or making things difficult on industry, governments or anyone else.
We want to simplify things and use a common sense approach that will create a winning situation for everyone. That's what we're working towards.
