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Chiefs dispute Fraser's optimism

Jeanne Gagnon
Northern News Services
Published Friday, Monday, May 24, 2010

SOMBA K'E/YELLOWKNIFE - Two first nations with unsettled land claims have mixed feelings toward auditor-general Sheila Fraser's report released last month.

Since 1977, Indian and Northern Affairs Canada (INAC) has settled four land claims covering more than half of the NWT. But four land claims in the Akaitcho, Dehcho and the Northwest Territory Metis Nation regions are still in negotiations.

"We found that INAC has made constructive efforts to negotiate CLCAs (comprehensive land claim agreements) and SGAs (self-government agreements) and has followed the established processes for negotiation," wrote Fraser in her report.

The Dehcho First Nations has been actively negotiating an agreement in principle with the federal and territorial governments since February 2009, according to information provided by INAC. It added the parties have developed a work plan for this year and next year. The federal government has had an offer on the table with the Dehcho since 2006, said INAC.

"It's got to be constructive. The progress up to this point, after like 46 years or so, how constructive, I cannot say," said Dehcho First Nations Grand Chief Samuel Gargan, in reaction to Fraser's report.

"We try as much as possible to look at all the leverages at our disposal, and development is one of them," he said, referring to prospecting, pipeline, oil and gas or mining.

The Akaitcho Dene, the federal government and the GNWT signed a framework agreement in 2000 and an interim measures agreement in 2001, said INAC. It added interim land withdrawals were completed in 2007. Last March, the Akaitcho submitted a draft agreement in principle, which the parties are discussing at the negotiation table.

"If they don't want to negotiate, it's OK with us because we haven't surrendered or released anything that would give up our land in Akaitcho territory. If they don't want to deal with us, we'll just say 'OK, the Akaitcho territory is closed for development, unless they negotiate with us,' said Jonas Sangris of the Yellowknives Dene, one of four first nations within the Akaitcho territory. "It's hard to negotiate. It's not good faith negotiations. They want you to give up your land, your rights in exchange for some rights. You know, it's not fair."

After the federal government accepts a claim, the parties negotiate a framework agreement to outline the issues that will be included and the timelines for reaching an agreement-in-principle.

The federal government and aboriginal groups may enter into interim agreements that address issues such as land use planning, pre-screening processes for development permits, and economic development measures.

The final agreement details all provisions and responsibilities, and must be agreed upon by all parties.

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