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K'atlodeeche First Nation joined devolution March 16. KFN chief Roy Fabian, left, KFN coun. Pat Martel and NWT Premier Bob McLeod at the signing in Yellowknife March 16. - Walter Strong/NNSL photo

Another devolution deadline coming fast
Aboriginal governments who have not signed on by April 1 stand to lose up to $1 million in resource royalties per year

Meagan Leonard
Northern News Services
Monday, March 23, 2015

NORTHWEST TERRITORIES
Dehcho First Nations and Akaitcho First Nations stand to lose $1 million and $500,000 respectively - their estimated share of the first round of post-devolution resource revenues - if they don't sign on by April 1.

Once this date passes the process to join will also become more complicated, as first nations will be required to negotiate with both the federal and territorial governments rather than just the GNWT.

On March 16, K'atlodeeche First Nation became the latest group to sign, marking their agreement in a ceremony at the legislative assembly in Yellowknife.

"In the past we have been marginalized, but from this day forward we are going to be able to exercise our rights," Chief Roy Fabian said.

"We are proud to make an agreement with Canada and the GNWT. We're proud to continue the process of implementing our treaty."

A year ago, the territorial government took over responsibility for land, mineral resources and water. Included in the agreement is a provision to share 25 per cent of the resource revenues collected by the territorial government with first nations that have settled land claims. Those that had not signed on to devolution already were given until April 1, 2015 to reach an agreement. So far eight have signed on.

Starting next month those with agreements will be splitting their first resource

revenue check, which amounts to approximately $10 million, says chief negotiator Martin Goldney.

"There's always opportunity for future resource revenues in future years if those governments choose to sign on ... but until they elect to do that, unfortunately there's no sharing," Goldney explained.

He said he's heard the main thing holding these governments back is a fear the devolution process will interfere with ongoing land claim negotiations they have with the federal government.

"We still have a strong interest in seeing any aboriginal rights questions resolved through negotiations or otherwise and we don't think devolution in any way interferes with that," he said. "Aboriginal and treaty rights are constitutionally protected and will remain regardless of devolution."

Goldney added first nations that have not signed an will also be excluded from participating in discussions regarding federal projects such as mine site rehabilitation.

"There is a waste-sites committee that was established as a result of the agreement that gives governments the opportunity to hear first hand from the Government of Canada their plans and to share perspectives with other governments on what their interests and priorities are with respect to clean-up," Goldney said.

Yellowknives Dene First Nations Ndilo chief Ernest Betsina said his members will meet March 26 to make a final decision on the devolution agreement.

"We just don't want to compromise the land claims," Betsina said. "Our original negotiations are with Canada, not the GNWT so we just want to continue our negotiations ... as if there is no devolution."

Betsina added that although he is aware of the money at stake, he emphasized there are other more important factors at play.

"Yes there's money involved, but it's our elders, it's our members that we have to respect," he said. "We don't want to make that ultimate decision without our membership, so that's why it's important we have our community meeting."

Although the government will remain open to negotiations after the deadline, McLeod said resource royalty shares will not be retroactive.

"I've always said it would be nice to have all the aboriginal governments signed on to devolution ... after April 1 they will still have a standing offer, but there will be no retro-activity on resource royalties," he said. "There is nothing to lose and much to gain by signing on."

Parliamentary secretary Mark Strahl attended the event on behalf of Aboriginal Affairs and Northern Development Minister Bernard Valcourt and told News/North he feels overall the transition has been successful.

"It's an ongoing process," he said. "As you've seen they have to make the decision and sign the agreement and they have everything to gain and nothing to lose and I hope that is their interpretation as well, so we're hopeful ... we'll be ready when they are."

Dehcho First Nations chief Herb Norwegian and Yellowknives Dene First Nation Dettah chief Ed Sangris did not return News/North calls by press time.

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