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Lawsuit launched against devolution
Gwich'in Tribal Council says it wasn't consulted on devolution agreements

Sara Wilson
Northern News Services
Published Monday, February 6, 2012

INUVIK
The Gwich'in Tribal Council has launched a Supreme Court action against both the territorial and federal governments on the basis that they weren't consulted throughout the process of signing the Agreement in Principle (AIP) more than a year ago.

The Dene Nation is fully supporting the stance and encouraging other communities in the region to intervene.

"It is unfortunate that legal action is necessary but progress to include all Dene communities as full partners in the discussion of transfer of lands, water and resource revenues has materialized," Dene Nation Chief Bill Erasmus stated in a press release. "Both the federal and territorial governments saw the signing of the AIP as an important step forward for the people of the Northwest Territories. However, 30 Dene communities throughout the Mackenzie Valley were in opposition to the agreement."

Premier Bob McLeod, however, said the GNWT has fulfilled its leggal obligations to all aboriginal parties.

The agreement in principle is a stepping stone 'contract' that will lead to a final devolution agreement. The final agreement will transfer control of administration of land, water, mines, minerals, and oil and gas to the Government Northwest Territories, a finality the Gwich'in Council and the Dene Nation are trying to avoid.

"It certainly doesn't reflect the real needs of the Dene, their communities and their economy," said Erasmus.

A devolution agreement for the North needs to provide for a stable political and economic future and the existing AIP does not allow for that, Erasmus said.

On Jan. 26, 2011 the minister of Aboriginal Affairs and Northern Development Canada, the federal interlocutor for Metis and Non-Status Indians, the premier of the Northwest Territories, and the Inuvialuit Regional Corporation signed the AIP despite a large crowd of both Dene and non-aboriginal people leaving the hall during the signing ceremony.

The aim of the court action is to force both the federal and territorial governments to include the Gwich'in in the discussion process.

McLeod said a devolution agreement is vital. Without one in place, $165,000 per day is going to the federal government instead of staying in the NWT.

"We see it as logical step in the evolution of NWT," said McLeod. "I think it's unfortunate that the GTC decided to follow off-suit, we're still reaching out to improve our working relationships with aboriginal government and we'll continue on that basis."

Attempts to contact the president of the Gwich'in Council were not returned before press time.

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