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Land rights concerns dominate discussion
GNWT hears need for emphasis on traditional use rights at recreational land management meeting

Stewart Burnett
Northern News Services
Thursday, October 27, 2016

INUVIK
Protecting Gwich'in traditional use rights on the land was the top concern voiced at a public meeting in Inuvik last week held by the GNWT to showcase its draft recreational land management framework.

NNSL photo/graphic

Sustainability Analyst Daniel Grant leads the room during an overview of the territorial government's draft land management framework Tuesday, Oct. 18. Responding to concern about ensuring aboriginal treaty rights, he emphasized the real brunt of community consultation is only just beginning. - Stewart Burnett/NNSL photo

Gwich'in have the right to access public lands to hunt, fish, trap and harvest, the latter definition of which includes the right to set up camps anywhere within the settlement area, subject to public health, safety and fee-simple land concerns.

Jozef Carnogursky, president of the Nihtat Gwich'in Council, emphasized the need to retain those rights under any new government policy at the meeting.

"When I hear talks of trying to define traditional uses, given that we already have rights entrenched in the land claim agreement, which speaks to those already, it does raise your eyebrow to try to make sure that whatever's done respects those rights," he said.

Whatever the final product of the GNWT's recreational land management plan turns out to be, it needs to be consistent with Gwich'in provisions from its land claim agreement, he said.

"We need to be part of the solution on how you define all this," said Carnogursky.

"We recognize and understand the importance of being able to manage lands, but at the same time we need to respect the rights and interests that we have under certain land claims agreements."

Margaret Kralt, facilitator from Dillon Consulting, said the question of traditional rights is a priority.

"The intent is not to infringe on your rights as a First Nations person," she said.

She added that the framework would be sensitive to the Gwich'in right to set up a camp for traditional use requirements regardless of whether it's on Gwich'in land or not, "and part of that is really defining and understanding what constitutes traditional use."

In response Carnogursky said it raises concern when he hears of non-aboriginals taking it upon themselves to define what is and isn't traditional use.

Kralt said the GNWT would be working with First Nations on the matter.

Daniel Grant, sustainability analyst with the GNWT, said the government will continue its dialogue with aboriginal groups around the territory.

"There have been multiple opportunities (for input from those groups) and there will continue to be," he said. "This is not the end of consultation. This is almost the beginning of much more in depth consultation."

Both he and Kralt emphasized the intent was to maintain aboriginal rights.

Carnogursky previously worked as a land use inspector prior to devolution. He said he has an understanding of what the government is trying to do.

"I can safely say that there is no intent to infringe," he said, asked if he's optimistic about Gwich'in rights staying intact.

"I really, truly believe what they're trying to do is be able to manage lands a little bit more. I'm hopeful and I'm pretty confident that our rights won't be infringed upon."

For more information on the GNWT's draft recreational land management framework, there is a survey available about some of the proposals at lands.gov.nt.ca.

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