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Negotiations progress in the Deh Cho

Roxanna Thompson
Northern News Services
Published Thursday, May 21, 2009

LIIDLII KUE/FORT SIMPSON - The Dehcho First Nations could be voting on the Dehcho Process in a year or so.

Negotiating teams for the Dehcho First Nations, federal government and territorial government gathered in Fort Simpson from May 12 to 13 for the third meeting between the parties since negotiations resumed in March, after an eight-month delay.

NNSL Photo/Graphic

All three parties in the Dehcho First Nations negotiation process met for a two-day session in Fort Simpson from May 12 to 13. Members of the federal negotiation team included, from left, Mike Walsh, the senior negotiator, Tim Christian, the chief negotiator and Paul Bresee, a lawyer. - Roxanna Thompson/NNSL photo

"We're all feeling this was a very positive session," said Tim Christian, chief federal negotiator on the Dehcho Process.

During the two days the three groups concluded the majority of the work on two chapters for the draft agreement in principle that cover eligibility and enrollment and the ratification of the finished agreement. Although incomplete the parties have reached a large measure of consensus on these two chapters, Christian said.

Christian said the parties are now working together in a way that will help them reach an agreement.

"It's the best it's been," he said about the working relationship.

Christian attributed part of the progress to a new organizational structure that's been implemented in the last few sessions. The negotiating parties have been using the legal technical committee.

The committee prepares the chapters by organizing the work and footnoting contentious issues so that when the parties meet they can easily identify items that require further negotiations or information, he said.

Even at the current pace of work it will be at least a year and possibly longer before a draft agreement in principle is reached, said Christian.

George Erasmus, chief negotiator for the Dehcho First Nations, was more reserved about estimating a time.

"It's too early to tell," he said.

Canada wants a lot more detail in this agreement in principle than it has in similar agreements in the past, he said. The agreement will clarify issues to such a degree that there won't be any surprises when it comes time to negotiate a final agreement, said Erasmus.

Although more detail means progress will be slower in the earlier stages it may mean a final agreement will be ratified more quickly, he said.

One thing both parties agree on is there's still some rough road to cover ahead.

"We have some really serious items to talk about in the future," said Erasmus.

Items on the list include the land quantum, compensation and governance.

Since negotiations resumed Erasmus said he's been trying to make headway on the chapters that are easier to complete like the two that were looked at during this session.

"They're a long ways along," he said.

As the chapters near completion they will be taken back to the leadership for consultation and input, said Erasmus.

Consultation is an ongoing part of the process because the original ideas on topics that the Dehcho First Nations bring to the negotiating table often have to be modified as the other two parties weigh in.

An example in point is education.

Originally the Dehcho thought their government would be responsible for education. Canada, however, said that they are only willing to grant concurrent powers. This means that either the federal or territorial government will also have powers over education, said Erasmus.

The current question is whose powers would supersede if there was a conflict over the legislation of education, he said.

"We have to continually keep going back because it's an evolving thing," said Erasmus about consultation.

The four chapters relating to education are expected to be discussed during the next two negotiation sessions. Sessions will continue over the next two months with a session in June and a video-conference in July before the groups break for August.