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Metis near resource revenue deal
Details of agreement-in-principle between Metis Nation and governments emerge

Paul Bickford
Northern News Services
Published Monday, May 27, 2013

THEBACHA/FORT SMITH
It might technically still be a confidential document, but details have emerged about the draft agreement-in-principle on land and resources between the Northwest Territory Metis Nation (NWTMN) and the federal and territorial governments.

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Ken Hudson: happy with the agreement-in-principle.

The agreement-in-principle was initialed last fall after years of negotiations.

In it, the government is proposing that the NWTMN receive fee simple ownership of 25,194 square kilometres of land, including 1,133 square kilometres with subsurface rights. No land has actually been selected yet, but there has been a land withdrawal.

The draft also includes a capital transfer of $69.4 million in 2012 dollars.

As for resource royalties on the land, it would be 4.56 per cent on the first $2 million and 0.912 per cent on any additional amount received annually by government.

Ken Hudson, president of the Fort Smith Metis Council and a negotiator with NWTMN, said he is not surprised the agreement-in-principle has become public.

The NWTMN actually wants the document out to the public, he said, noting it has even been provided as information to town councils.

"So if you ask me if we're happy about it, I'll say 'yes,'" he said.

Along with the NWTMN, the agreement-in-principle involves Metis councils in Fort Smith, Fort Resolution and Hay River.

The 189-page document covers a wide array of topics - eligibility, harvesting, public access to undeveloped Metis land, impact benefit agreements from major mining projects, dispute resolution, and more. It would even give Metis the right to name places wholly within Metis lands, in accordance with government standards.

The agreement-in-principle is modelled on other NWT agreements for the Tlicho, Sahtu and Gwich'in.

Fred Talen, director of negotiations with the GNWT's Department of Aboriginal Affairs and Intergovernmental Relations, said government has a duty to consult with aboriginal groups about such agreements.

"Both Canada and the GNWT are jointly doing the consultations with all potentially-affected aboriginal parties on the proposed draft Metis agreement-in-principle," he said.

The process started last fall and will included 15 aboriginal groups.

"We tried to identify all aboriginal groups who might have their aboriginal treaty rights potentially affected by a Metis agreement," Talen said.

As for when the consultations might conclude, he said there's a desire on behalf of government to conclude consultations soon, "but this is a very detailed, complex document and consultations have to be meaningful, and that takes the time it takes to have the conversations we need and for the parties we're consulting with, those aboriginal groups, to have the time to consider the draft agreement-in-principle and get their comments or concerns to us."

On May 13, there was a consultation with Salt River First Nation in Fort Smith. The meeting featured negotiators from the federal and territorial governments.

Salt River Chief Frieda Martselos could not be reached for comment on the consultation.

But a band member, who did not wish to be identified, disputed whether the Metis have any right to a land base in the South Slave.

"We're still fighting this," the band member said. "We told the government we don't recognize any Metis land claims.

They have no land base."

Hudson said he is not shocked by that comment.

"It wouldn't surprise me if the treaty people have that attitude ... but everybody is entitled to their own opinion," he said. "Whether or not that carries any weight is another thing."

The draft agreement-in-principle is not a legally-binding document, but, once it is approved, it will form the basis for negotiations leading to a final agreement.

Talen declined to comment of details of the agreement-in-principle, explaining it is still a confidential document.

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