DEH CHO - Three Deh Cho First Nations are seeking legal action in a dispute over traditional lands.

On Nov. 22 the Nahanni Butte and Sambaa K'e Dene Bands jointly filed an application in the federal court for a judicial review of the Government of Canada's decision not to consult with them prior to signing an agreement in principle with Acho Dene Koe First Nation (ADK).

The three First Nations were negotiating a boundary overlap agreement. When negotiations broke down in June, Trout Lake and Nahanni Butte sent a written request to the minister of the Department of Indian and Northern Affairs Canada asking for direct consultation prior to the signing of an agreement in principle with ADK. In a reply received on Oct. 25, the minister said consultation would take place after, not before, an agreement is signed.

The basis of the disagreement between the three First Nations began in July 2008 when ADK in Fort Liard signed a framework agreement with the federal and territorial governments allowing it to conduct its own land claim and self-government negotiations separate from the Dehcho First Nations. As part of the 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 Trout Lake and Nahanni Butte consider their traditional land use areas.

The federal government has offered ADK 6,474 square kilometres of land to be selected in the NWT and both Trout Lake and Nahanni Butte believe some of their traditional lands will be chosen, a situation they object to.

Nahanni Butte will be affected the most because the boundary line comes very close to the community, said Chief Fred Tesou.

Some members still trap in the affected area, he said. "(Fort Liard is) taking a big chunk of their land and that's not right," Tesou said.

Nahanni Butte and Trout Lake joined together to negotiate a boundary overlap agreement with ADK but from the beginning it didn't go well, Tesou said.

"I don't think they want to consult with us," he said.

Tesou said near the end the negotiator for the two First Nations tried to set up meetings with ADK but met with no response.

"ADK needs the agreement but yet they don't want to work with us," said Tesou.

Through the federal court application the two bands are challenging the decision by Canada to postpone consultations. Both bands say due to the potential for infringement of their aboriginal and treaty rights Canada should be consulting with them as early as possible during the ADK negotiations

On Nov. 30 the Department of Indian and Northern Affairs Canada (INAC) stated "meaningful and productive consultations" can take place after an agreement is signed with ADK. The department is reviewing the application for judicial review and is assessing its position, according to a spokesperson.

Canada is also reviewing the court documents to assess any impacts they could have on ongoing negotiations with Dehcho First Nations. As a result a negotiating session set for this month has been postponed.

Negotiations with ADK are not expected to be affected unless a direction comes from the courts, the spokesperson said.

No one with the Acho Dene Koe First Nation could be reached for comment.

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