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Dehcho agrees to negotiate comprehensive land claim

Roxanna Thompson
Northern News Services
Thursday, July 3, 2008

KA'A'GEE TU/KAKISA - Dehcho First Nations has agreed to negotiate a comprehensive land claim with the federal government that will involve land selection.

On June 27 delegates at the Dehcho First Nations' (DFN) annual assembly in Kakisa voted in favour of a resolution that gave their negotiations team a mandate on how to move forward with negotiations. Talks on land selection, however, will only start if the federal government agrees to two other points.

NNSL Photo/Graphic

Members of the Dehcho First Nations' negotiating team, Samuel Gargan, left, Jim Antoine and George Erasmus, present the delegates at the Kakisa assembly with some options on how to proceed with the Dehcho Process. - Roxanna Thompson/NNSL photo

According to the resolution, the highest priority for negotiations is the completion, approval and implementation of the Dehcho Land Use Plan. Once the Land Use Plan is in place the team will begin self-government negotiations.

Only after those two steps are competed will DFN's negotiating team begin negotiations on the selection of rights to surface and sub-surface lands.

Agreeing to the resolution was difficult for the delegates.

Dehcho First Nations has always maintained that all of the land in the region is theirs and that they wouldn't agree to land selection.

Delegates spent the majority of the last two days of the assembly, June 26-27, in a heated and emotional debate over their options.

"I'm saddened I guess. It seems almost like doomsday to me," said Chief Keyna Norwegian of the Liidlii Kue First Nation of Fort Simpson.

"Doomed if you do, doomed if you don't."

Some leaders asked if the decision could be delayed so that they could have time to consult their elders and band members.

"It seems to me I don't know how to answer the question," said Chief Dolphus Jumbo of the Sambaa K'e First Nation in Trout Lake through a translator.

A sense of urgency persisted over the debate. The land withdrawals made under the Interim Measures Agreement between DFN and Ottawa are set to expire in October. Chris Reid, DFN's legal council, told the delegates that if they didn't agree to a negotiation mandate Canada might allow the withdrawals to expire, opening up almost half the region to development.

Many delegates expressed their fear of this.

"If we don't give this mandate it's probably going to be the end of it," said Chief Berna Landy of the Deh Gah Got'ie Koe First Nation of Fort Providence.

Delegates were also told by DFN's negotiating team that Canada has been pressing for a decision on land selection.

If DFN doesn't agree to land selection the negotiations could stall, said George Erasmus, the chief negotiator for DFN.

"They tell us we have nothing to talk about," said Erasmus.

Earlier during the assembly representatives from the federal government told the delegates that Canada views Treaties 8 and 11 as cede, release and surrender documents.

When they signed the treaties the Dene gave up their land to the Crown, and as a result the Dehcho can't be given all of the land, according to Mike Walsh, a senior negotiator with the federal government.

DFN has been offered 45,810 square kilometers of surface and subsurface rights.

"This is the single largest offer that Canada has made of this sort in relation to land," said Walsh.

Right before the vote was called George Erasmus told the delegates that by passing the resolution they aren't closing any doors.

The Dehcho could still turn down an agreement in principal or a final agreement at any time, he said.

"You're not risking anything," he said.

The resolution only gives a mandate to explore Canada's full offer and clearly sets an order to proceed in, Erasmus said.

"It's a tough position. I don't think Canada's going to be overjoyed but there's something in it for them," he said.

When question was finally called on Friday evening, 38 delegates voted to pass the resolution.

Chief Keyna Norwegian, using two voting cards, was the only delegate to object.

A revised version of the Deh Cho Land Use plan is almost complete. Michael Nadli, the chair of the Dehcho Land Use Planning Committee, said revisions will be completed by autumn at which point the document will be brought to a special assembly for approval.

The plan then has to be approved by the federal and territorial governments.