DEH CHO
The spectre of legal action against the GNWT by Dehcho First Nations has been raised as land claims and self-government negotiations have hit an impasse.

Dehcho First Nations Grand Chief Herb Norwegian, shown during a recent visit to Yellowknife, says the GNWT is threatening to end Dehcho Process negotiations. - NNSL file photo

In a news release issued March 4, Grand Chief Herb Norwegian stated that the Dehcho leaders were rejecting a GNWT offer of 37,500 square kilometres of surface land with a 17.78 per cent royalty share. He said DFN is seeking up to 50,000 square kilometres.

"They have to rethink their position," Norwegian said in an interview with Deh Cho Drum last week, in which he said DFN is considering legal options.

"Anything is possible. We're just hoping the other side will come to its senses and rethink the position they've gotten into and work out something that is satisfactory."

To bridge the gap, he's proposed a mediator work with the parties.

A March 9 interview with the premier on the issue of negotiations with DFN was cancelled shortly before it was scheduled to start.

Shaun Dean, GNWT press secretary, who responded on behalf of Premier Bob McLeod via e-mail, stated that the government is considering mediation.

However, he wrote that "it is difficult to reconcile this request with the later notice that the Dehcho's lawyer sent to the GNWT making serious allegations of bad faith and breach of the duty to consult and stating an intention to put this matter before the courts."

Those allegations were made early in March, Dean said. So far, nothing has been filed in court.

In the e-mailed statement, Dean wrote that the government would prefer a negotiated solution.

"Concluding a land resource and self-government agreement with the Dehcho First Nations continues to be a priority for the GNWT," he stated.

The road to impasse

The dispute over the amount of land is the latest development in Dehcho Process negotiations, which have been ongoing for 15 years.

The Dehcho Framework Agreement, signed in 2001, was the basis for the Dehcho First Nations, the GNWT and the Government of Canada to start negotiations for an agreement in principle.

For the last few years the territorial government has been preoccupied with devolution, which came into effect last April. Since then the GNWT has become responsible for the land in the territory and has taken over lead on negotiations from the federal government.

Norwegian said much of the work to reach an agreement in principle is complete but the amount of land being offered by the government has become a sticking point.

The GNWT's land quantum offer to DFN is based on the Dene-Metis Comprehensive Claim reached about two decades ago. The government has used population from the time of that claim to determine what it sees as a fair land claim offer in the Dehcho.

Since talks began, Acho Dene Koe, Fort Liard Metis and K'atlodeeche First Nation have left Dehcho First Nations to pursue their own land claim.

That means their populations are removed from the equation used to generate the land offer.

The latest offer

In a letter to DFN earlier this year, the premier said the GNWT's offer is 37,500 square kilometres with a generalized interest in subsurface royalties.

That was an increase of 4,012 square kilometres from the 2007 offer of 33,488 square kilometres of surface and subsurface land. But Norwegian said that's not enough.

He said using a population of about 3,600 and 12.5 kilometres per person, the starting point for the government's offer should be closer to 44,000 square kilometres.

"That would be a fair deal to us," he said.

The GNWT letter states its offer is "the full extent of the GNWT's flexibility."

It goes on to say if the offer is deemed unacceptable, "I suggest we acknowledge that negotiations have failed to resolve our differences."

The leadership of DFN met for a strategy meeting in Fort Simpson last month, resolving to go to Yellowknife to meet with the premier to try to break the impasse. Norwegian said they left disappointed. DFN was asked to accept or deny the GNWT offer by April 6.

That prompted Norwegian to ask for mediation last week.

The framework agreement provides the opportunity for one party to request mediation if negotiations reach an impasse. If that were to happen, the costs of mediation would be shared equally between the two sides.

At this point, the two sides are just waiting to see who will blink first, said Norwegian, who has no plans to back down from his position.

"I've been in this business for a long time," he said. "Any time the Dehcho has taken these kind of extreme actions, we always come out ahead."

Premier questioned

Both Deh Cho MLA Michael Nadli and Nahendeh MLA Kevin Menicoche raised the topic in the legislative assembly March 9.

Nadli said negotiations appear to have reached a "perilous point," but shouldn't be abandoned.

"Mediation, while never popular, must be considered in this situation," Menicoche said. "Once again, we need the common ground, not a wedge that is driving us apart."

Responding to questions from Nadli, the premier said there is "always hope" that the Dehcho Process will continue.

McLeod also said there has been an offer by the government to go into Deh Cho communities to explain the details of its offer.

DFN leaders are considering holding meetings in the communities to go over the situation with residents, Norwegian said.

It's not yet clear if such meetings will be held.