PEHDZEH KI/WRIGLEY
In the wake of a deadlock between the territorial government and Dehcho First Nations that could potentially topple years of work settling land claims in the region, Pehdzeh Ki First Nation is pulling its support for a highly-anticipated infrastructure project slated for the Mackenzie Valley.

In a March 19 statement from Pehdzeh Ki First Nation (PKFN), Chief Tim Lennie said the band is pulling support for the Mackenzie Valley Fibre Line, an $80 million project aimed to bring high-speed Internet to communities in the area, because of the breakdown in the Dehcho Process.

"We are prepared to negotiate a fair agreement with them, but these bully tactics make it very difficult to see a way forward other than through the courts," he said. "The PKFN will not be able to accommodate nor support this project crossing over our asserted traditional lands until such a time as the GNWT resolves the impasse with Dehcho First Nations."

Despite losing PKFN support, Finance Minister and project lead Michael Miltenberger said the GNWT plans to keep the fibre optic line on schedule in an interview with News/North March 31.

"The project is going full steam ahead," he said. "We're planning to meet our targets this year and we're looking at keeping this thing on schedule. We're tracking what's happening in that other area, but our focus is getting it done on time and on budget."

Miltenberger said he's disappointed the project has become a bargaining chip for leverage in the Dehcho Process negotiations, and added if PKFN leaders decide they don't want their residents to benefit from improved Internet service, the territorial government would be willing to discuss.

"If they don't want to have a fibre optic connection to their community, that's a discussion we can have," he said. "It's a project of territorial significance and hopefully this issue can be disentangled from the (Dehcho Process). We need to make sure we don't get sidetracked or hyperventilate on things we can't control immediately."

In terms of the potential for a court battle over whether the project can proceed through Pehdzeh Ki First Nation, Miltenberger said it's something that is on his radar, however, he's not worried quite yet.

"If something untoward happens, we will deal with it," he said. "We're confident and comfortable we're moving in the right direction. Decisions are made and strategies are planned out and we have to adjust and keep moving and not get sidetracked. That's the territory we live in, the politics are there. In this business, if I worry too much about all this stuff, my head would explode. You recognize it, you see it and keep moving."

Pehdzeh Ki First Nation does not have a settled land claim and legally its territory is considered Commissioner's Land under the Territorial Lands Act. However, if PKFN were to file a lawsuit stating the GNWT did not do its due diligence in consulting with the First Nation before giving the project the green light, the courts could grant the First Nation an injunction, which would halt the fibre line.

Lennie said the people and leadership of Pehdzeh Ki fully support the stand taken by the Dehcho First Nations (DFN) and will stand firm against what he characterized as a "bullying" tactic by the territorial government.

"The Crown has a legal duty to negotiate in good faith with us," Lennie said in the statement, adding government officials and staff are no longer welcome on their land or in their community. "They can't simply issue ultimatums and then abandon negotiations and threaten to terminate our existing

agreements, but that is exactly what they are doing."

The DFN said last month the territorial government issued an ultimatum on the amount of land to be allocated to the First Nation and then threatened to terminate all negotiations unless this number was accepted, which would reset years of negotiations.

Dehcho First Nations Grand Chief Herb Norwegian said the government's offer of 37,500 square kilometres of surface rights and 17.75 per cent royalties on subsurface rights was rejected by the group, which is seeking approximately 50,000 square-km.

Premier Bob McLeod told News/North recently that the claim the government is trying to terminate the Dehcho Process is untrue. However that statement was contradicted by a Feb. 20 letter from the premier to Norwegian which indicates the territorial government would, in fact, terminate the agreement if the deal isn't accepted by early April.

Lennie said devolution has been a mistake and the territorial government needs to recognize the Dehcho Dene are "owners of the land."

"We are very disappointed in the government's inability to adequately deal with our lands rights issues. We have been given a take it or leave it offer ... which we

do not support."

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