DEH CHO - Tensions are rising as three Deh Cho First Nations consider legal action to resolve a dispute over traditional land boundaries.

The Nahanni Butte Dene Band and the Sambaa K'e Dene Band have joined together to negotiate with the Acho Dene Koe First Nation (ADK). The three band's shared traditional land use areas became an issue when ADK signed a framework agreement with the federal and territorial governments in July 2008, allowing it to conduct its own land claim and self-government negotiations.

Chief Fred Tesou, left, of Nahanni Butte and Chief Dolphus Jumbo of Trout Lake updated the Dehcho First Nations' leadership on Feb. 10 on an impasse with Acho Dene Koe First Nation in discussions over traditional land use overlap. - Roxanna Thompson/NNSL photo

As part of the framework agreement, ADK submitted a map showing its asserted territory. The area, which extends into the Yukon and British Columbia, also covers significant portions of land that Trout Lake and Nahanni Butte consider their traditional land use areas.

As part of its negotiations, the federal government has offered ADK 6,474 square kilometres of land to be chosen within the NWT. Both Trout Lake and Nahanni Butte believe ADK will inevitably choose some of their traditional lands, a situation that both groups have strong objections to.

"They want our whole backyard and I don't agree with it," said Chief Dolphus Jumbo of Trout Lake.

"I'm not going to let my neighbour select land in our back yard."

Jumbo and Chief Fred Tesou of Nahanni Butte provided the Dehcho leadership with an update on land use issues during the winter leadership meeting held in Fort Simpson from Feb. 9 to 11.

In December, Jumbo said Trout Lake and Nahanni Butte were asked to bring their elders and harvesters to discuss traditional land use areas.

The understanding was Fort Liard would also make its harvesters and elders available.

While Trout Lake and Nahanni Butte arrived with their delegations on Dec. 3, Fort Liard only fielded its boundary negotiation team.

"They refused to bring their harvesters to the table," said Jumbo.

"We weren't very welcomed there."

Since that meeting, ADK has not responded to requests to bring its elders and harvesters to another meeting, he said. Talks are happening backwards, said Jumbo.

"We've been trying to get some result out of Fort Liard. It shouldn't be us who's pushing them," he said.

If ADK wants to reach an agreement-in-principal with the federal government, they should be coming to neighbouring bands, said Jumbo.

Section 12.1 of ADK's framework agreement states its settlement area will be finalized before the conclusion of the phase one agreement, "taking into account any agreement concluded to resolve any overlap issues between Acho Dene Koe First Nation and any Aboriginal group."

Nahanni Butte questions how such an agreement will be reached.

"Nahanni's concern is we have lots to lose," said Tesou.

Acho Dene Koe's asserted boundary comes right up to the community and between it and the Nahanni National Park Reserve Nahanni Butte "will only have a little dot on the map left," Tesou said.

Should ADK sign something like an interim land withdrawal before an agreement is reached, Tesou said a legal challenge would be inevitable.

The two bands have received $5,000 in funding from the territorial Aboriginal Rights Court Challenges Program to assess the basis of a legal challenge and have retained legal council. They are preparing to argue that granting or assigning any rights to ADK within Nahanni Butte or Trout Lake's traditional land use areas would be an infringement of their rights. Also, they state, because ADK admits only 1/3 of its traditional land use area is in the territory, it's unacceptable for Canada to give the band its full land request in the NWT.

Both Nahanni Butte and Trout Lake also disagree with ADK's asserted boundary.

"It's not their traditional land at all," said Jumbo.

Jumbo said he won't jump the gun on a legal challenge, however, and is willing to meet ADK for further discussions.

ADK Chief Steve Kotchea said there misunderstanding about the talks between the three First Nations. The talks are not about boundaries, he said, but about how the groups will be able to continue to use the same areas for traditional practices like hunting, fishing and trapping. ADK's asserted territory boundary is not up for negotiation.

"We want to respect the boundary that exists," said Kotchea.

Elders set the boundary in the early 1990s in response to ADK being pressed in on two sides by the Yukon and B.C., he said. ADK was concerned about losing its traditional land, so the elders used traditional knowledge to establish a boundary, said Kotchea.

The discussions now should be about how to make people in all three communities comfortable with moving back and forth across the boundaries and practising their traditional activities on the land, he said.

As of Feb. 15, the band has a new employee who will be looking at how to address the issue of traditional land use, said Kotchea. An elders group will also be formed to examine the relationship between ADK and its neighbours and how to best approach it.

"I think it's the elders who should be deciding," he said.