Nathan VanderKlippe
Northern News Services

Yellowknife (Oct 23/02) - Treaty peoples across the territory could find themselves with thicker wallets as the GNWT reconsiders its stance on Impact Benefit Agreement (IBA) clawbacks.

And, says Jake Ootes, Education, Culture and Employment minister, there is a "fairly good" chance that the government will allow aboriginals to pocket money from IBAs without scratching those amounts off of social assistance cheques.

The issue is a long-standing bone of contention between the government and aboriginal groups, who view IBA payments as an industry obligation under treaty agreements.

A number of IBAs have been signed between aboriginal groups and diamond mines. For example, Diavik has agreements with the Yellowknives Dene, Lutsel K'e Dene, North Slave Metis Alliance, Dogrib and the Kitikmeot Inuit Association. Under the agreements, the companies have pumped substantial amounts of money into communities across the North.

"It's fair to say that IBAs are modern treaties," said North Slave MLA Leon Lafferty last week. "It can be said that it is a breach of the Human Rights Act for this department to claw back IBA payments."

The GNWT labels IBA payments "unearned income" -- in the same category as lottery winnings -- and a $500 IBA payment currently means $500 less in income support.

This February, Ootes defended the government's position, saying "from my understanding, they (IBAs) are private agreements between people and private business in the Northwest Territories."

Ootes is still using similar language, but is now saying that it's difficult to determine the exact nature of IBAs because they are privately signed.

"We don't have access to those agreements, so it's been very difficult for us to say, 'You're right, we're wrong'."

Now, Ootes says, he is examining the policies at the Department of Aboriginal Affairs and the NWT Housing Corporation to ensure that the government shows a consistent front: if procedures in those arms of the government recognize IBAs as treaty payments, then Ootes might change his stance.

Some MLAs were happy to see some cracks forming in the government's resistance to changes on the clawbacks.

"I'm happy to hear the minister is considering it," said Deh Cho MLA Michael McLeod. He also asked Ootes if the government would claw back payments to people who receive compensation for abuse in residential schools. "I believe the process is that we will not claw back or deduct the amount for pain and suffering, but lost wages I believe is being considered," he said.

Meanwhile, Ootes said he didn't know how much money has been clawed back because of MLAs. He said the number is less than "millions."

"It's nowhere near that -- it's not that significant," he said.