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Inuvialuit, Gwich'in dispute changes to Wildlife Act
Leaders say non-settled land claim groups should not be included at management conferences

Samantha Stokell
Northern News Services
Published Monday, May 9, 2011

INUVIK - Gwich'in and Iuvialuit leaders say aboriginal groups without settled land claims should not be included in wildlife management conferences and say they will not support the proposed Wildlife Act if it continues to include non-settled land claim groups as members.

Richard Nerysoo, president of the GTC and Steve Baryluk, resource management co-ordinator for the IGC, expressed their concerns at a public hearing on the proposed new Wildlife Act in Inuvik on April 27 at Ingamo Hall. The largest concern they spoke of to the Standing Committee on Economic Development and Infrastructure was section 15 of the act, which identifies members of the Northwest Territories Conference for Wildlife Management.

The section lists the Dehcho First Nations, NWT Metis Nation and NWT Treaty 8 Tribal Corporation as members of the conference. In a consultation draft of the act presented in November, those groups were not on the list. The inclusion of the groups with non-settled land claims will politicize the matter of wildlife management, say the Inuvialuit and Gwich'in.

"For the effectiveness of the conference, there should be no non-settled land claim groups," said Baryluk. "It could reduce the efficiency of the meeting if members don't have management control at the meeting."

Baryluk stated on behalf of Inuvialuit Game Council chair Frank Pokiak that the Inuvialuit would not support the act unless the section reverted to the previous writing in the consultation draft which did not include non-settled land claim groups.

Nerysoo said the inclusion of political groups and not boards or governments who manage wildlife will slow down the decision-making process at the conferences.

"This will turn it into a purely political exercise," Nerysoo said. "We do not support that aboriginal groups have more authority than wildlife management boards of groups that already have land claim settlements."

After consultations with aboriginal organizations with non-settled land claims, the GNWT included them in the act. They may choose not to participate in the conference and once a land claim agreement is reached their renewable resources board will replace the organization at the conference.

Nerysoo also expressed concerns about the minister of Environment and Natural Resources acting as chair during the conferences, which would further politicize the conference. He suggested the decision be left to managment boards.

While both groups support the modernization of the 1978 act to recognize and incorporate aboriginal and treaty rights, they have other concerns about the act. Issues mentioned included ensuring children can hunt without a licence under section 48, having their own harvesting regulations and not having to meet international agreements under section 64, clarifying the definition of commercial purposes in section 78, and ensuringe trappers and hunters can transfer meat between the NWT and Yukon.

They requested a review of the section on search and seizure, which didn't identify a tent as a dwelling and could provide renewable resource officers with more-than-reasonable power. The draft reads that an officer may stop any vehicle for an inspection or search and can search any container, take samples, perform tests or copy any records.

"You would be extending powers to wildlife officers that is rarely granted to RCMP officers," Nerysoo said. "I suggest a review of that section so it doesn't permit an abuse of power."

The standing committee will continue travelling to a number of communities to listen to feedback about the draft act. The committee will present a report to cabinet and have the third reading of the Wildlife Act in August, with legislation taking place in 2012.

Members of the public are encouraged to share their comments at the public hearing or by written submission before June 10. Copies of the bill can be viewed at the legislative assembly's website.

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