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Dehcho assembly loses quorum
Delegates only pass two resolutions

Assembly briefs with Roxanna Thompson
Northern News Services
Published Thursday, July 7, 2011

PEHDZEH KI/WRIGLEY - Only two resolutions were passed during the Dehcho First Nations' annual assembly in Wrigley.

NNSL photo/graphic

Western Arctic MP Dennis Bevington, right, seated next to co-chair Sharon Pellissey, was one of the elected officials to attend the Dehcho First Nations' annual assembly in Wrigley. - Roxanna Thompson/NNSL photo

The resolutions were scheduled to be debated on June 30, the final day of the assembly. As the afternoon wore on, however, the assembly lost quorum and its ability to pass resolutions as delegates who'd traveled the farthest left to return home.

There were six remaining resolutions before the assembly on topics including sports fishing near Fort Providence, the establishment of a Dehcho Language Council and the mandate of the Dehcho access and benefits negotiations team.

A resolution on the Dehcho Process that called on the federal government to give its negotiators a mandate to be flexible and supportive when responding in a timely manner to positions tabled by Dehcho First Nations (DFN) on issues including the land and management of natural resources was passed earlier on June 28. A resolution was also passed related to the Dehcho Trust.

Reserve's place in Dehcho Process in limbo

The role of K'atlodeeche First Nation and its reserve in the Dehcho Process remains unsettled.

Prior to losing quorum, the assembly debated a resolution to allow K'atlodeeche to keep its reserve while also fully participating in the Dehcho Process and any agreements that are negotiated through it. Serious discussion is needed on this topic, said Georges Erasmus, Dehcho First Nations' chief negotiator.

If the reserve remains, the amount of land offered to DFN by the federal government will be lowered, Erasmus said. Also, community governments will rely partially on revenue from taxes to fund services, and there are no taxes on the reserve.

Chief Roy Fabien of K'atlodeeche First Nation supported tabling the resolution but said DFN needs to decide what it is willing to live with.

Issues remain for land use plan

Deh Cho leaders heard that outstanding items and unresolved issues related to the interim Dehcho Land Use Plan will likely by forwarded to the main table for negotiations.

Petr Cizek, one of DFN's representatives on the Dehcho Land Use Planning Committee, presented a slideshow to the assembly on the current state of the plan.

"There hasn't been a lot of progress in the last year," he said.

The revised plan prohibits mining and oil and gas on approximately 45 per cent of the Deh Cho territory, including the Nahanni National Park Reserve and presuming protection is given back to Edehzhie. Cizek said the revised plan, unlike the 2006 draft plan, stands a real chance of being approved by all three parties, including DFN and the federal and territorial governments.

If approved, the interim plan would be put in place prior to the Dehcho Process agreement. After the agreement is in place it will be revised to become a full land use plan.

Outstanding issues that will likely go to the main negotiating table include a termination clause that would allow two of the three parties to end the plan. DFN wants to ensure they have to be one of the parties in agreement. The territorial government is also concerned that not enough open Crown land will be available for devolution if DFN selects all of its land outside of conservation zones and protected areas, Cizek said.

Dehcho Trust called into question

Leaders and delegates raised a number of concerns about the Dehcho Trust following a presentation on the subject.

The trust was created with $15 million DFN received in an out-of-court settlement and set up with the goal of funding programs in areas such as community and economic development and education. As of the end of March the trust was worth more than $17 million, including its associated accounts.

The trust is set up so a portion of the revenue generated from the original capital is being put into funds that are accessible to members of Dehcho First Nations. Currently, however, only approximately $400,000 in the Immediate Opportunity Fund is accessible.

DFN's Investment Management Board has frozen the rest of the funds, worth approximately $350,000 more, while it applies for an advance tax ruling that would allow the fund to have a tax-free status. A number of leaders expressed their frustration over the news that the board has been working for five years to get the ruling and that it could still take another 1.5 years.

Grand Chief Samuel Gargan questioned the efficiency of the fund, saying it should have made more money by this point. Alison de Pelham, a DFN consultant, questioned why the trust owns stocks of companies such as Imperial Oil and Encana.

"It's an ultimate contradiction in what this region's stood for," she said.

The assembly passed a resolution calling for an independent audit and review of the trust to ensure its optimal performance.

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