NORTHWEST TERRITORIES
An injunction to preserve regional land and water boards was met with jubilation within Dene Nation and the Tlicho Government, while others have expressed a more subdued reaction.

Bill Erasmus: Dene National Chief said the injunction "supports the constitutionally entrenched rights that people have and it’s a reminder to all of us that we can’t go ahead with ideas or legislation unless the First Nation’s people are directly involved."

On Feb. 27, the NWT Supreme Court Justice Karan Shaner granted the Tlicho Government an injunction ordering a halt to amendments to the Mackenzie Valley Resource Management Act that would dissolve the territory’s regional land and water boards in favour of one pan-territorial super board.

In the decision, Shaner wrote injunctions that interfere with the federal government’s duties should only be allowed in the "rarest of circumstances" but "if constitutional protection of rights is to be meaningful, the courts must have the ability to ensure the enforcement of those rights is not, in the end, a merely academic exercise."

Dene National Chief Bill Erasmus said he’s happy with the decision, reiterating a stance he’s been vocal about throughout devolution negotiations – that eradicating regional boards would constitute an "erosion of rights."

"It’s good news because the Tlicho Agreement is being threatened by the legislation put forward by federal and territorial governments," he said.

"They have the rights through law and our obligation is to follow."

Currently, the Tlicho appoint two members of a four person panel that makes up the Wek’eezhii Board, but under the new model they would have only one seat on an 11-member super board.

Erasmus says the current system has operated successfully for close to 10 years and the new proposal conflicts with treaty agreements, thus threatening the relationship between Canada and First Nations.

"It was well thought through and negotiations took place," he explained. "Since then the federal government has come up with a different plan … and it goes against the negotiated agreement, so it would have far reaching effects, not only with lands and resources, but with economics, with politics in the North and a lot of other things."

When asked for his perspective on the Dene National Chief’s assertion the super board threatens the relationship between Canada and First Nations, Premier Bob McLeod responded that "it’s a federal bill so I will let the federal government answer that."

The premier remained mum on the judgment beyond explaining how it will affect the regional land and water boards.

"We are continuing to negotiate whatever tables are at play and at work and I don’t see anything changing," McLeod said.

"What the courts have done is they have suspended the operations and the provisions of the Devolution Act that dealt with amendments to the MVRMA, so as far as I understand it, nothing will change until the courts have a hearing and decide on remedy."

The Sahtu have announced they will also go to court to protect their board, the Sahtu Land and Water Board.

Sahtu MLA Norman Yakeleya told News/North he feels the key issue is not the super board itself, but the communication breakdown between First Nations and the government.

He said he hopes the injunction will set a precedent for future negotiations.

"We certainly created our boards to ensure that decisions affecting our land and water are as close to the community as possible and that with any future changes to it, the people have to be fully consulted," he said.

"Sending a fax or a letter does not constitute a consultation. I think they did the very minimum."

In terms of the proposed creation of a super board, Yakeleya emphasized what many have already stated– why fix what isn’t broken.

"It’s not about money, it’s about (Ottawa) not doing their job and trying to take an easier, non-effective way out," he said.

"They’re trying to pull the decisions out of people’s hands and silence their voice. We think that they have made a major error in creating these changes, that’s what we’re saying – the Constitution is the law of the land. If we’re going to make any changes, it has to be done properly and correctly and not be a crackerjack-type consultation."

Although the super board was slated to come into effect next month, Mackenzie Valley board executive director Zabey Nevitt said in an e-mail the NWT Supreme Court’s decision will not have any great impact on day-to-day operations.

"Board operations will continue as they have up until now," he said. "The board continues working with other land and water boards … to share staff resources and expertise between the boards."

He says the boards have been working toward a more unified approach since 2008 and those changes will continue regardless of recent developments.

"The land and water boards have been working together in preparing consistent policies and procedures well before the proposal for a consolidated land and water board was finalized," he said. "This work has been and will continue."

He added he does not expect any inconvenience for staff or the public as a result of the announcement.

"Board staff continue to operate in the regions they do now," said Nevitt. "Board members are in place and we expect no disruption to services of any of our clients."

The injunction will ensure the Gwich’in and Sahtu boards also remain in place.

The Tlicho Government’s lawyer, Jason Madden, does not expect the case to reach trial until at least 2016.

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