The territorial government is being blamed for delaying a process that would provide the Dehcho people with control over 50,000 square kilometres of surface and subsurface lands hugging the Mackenzie River, creating a new jurisdiction called Dehcho Ndehe.
In a virtual town hall last week, the Dehcho Process negotiating team also detailed what powers a Dehcho government would have and how they would mesh with the laws and programs of the GNWT and Ottawa.
But the 30-year process to first settle land claims and mineral rights, has for the past decade continually hit bureaucratic speed bumps, which Dehcho First Nations Grand Chief Herb Norwegian blamed on the GNWT and its unwillingness to let go of its lands and powers.
“It’s really difficult dealing with them … the territorial government, who have ended up with devolution in their hands, and it’s kind of like a land claim for them,” he told the open forum.
“So they’re very protective of this. They don’t want anyone going around and tinkering with what they have. The federal government has transferred the management of land to the territorial government, and the government doesn’t want to relinquish that. They don’t want to let go that that kind of authority. So for us, we’re at the table and pounding the table and trying to get the best deal possible.
Norwegian said had an agreement on just the land claim size been completed prior to 10 years ago, his team would only have been dealing with Ottawa.
“The Sahtu only dealt with Canada. The Gwich’in only dealt with Canada. The Tlicho only dealt with Canada. The Eastern Arctic, the Inuvialiut in the Delta, only dealt with Canada.”
The GNWT has indicated it would prefer an agreement in which the Dehcho Government would only own the surface rights of Dehcho Ndehe, with set fees paid for any underground development.
Participants in the virtual town hall were also given an overview of what powers and programs of a future Dehcho Ndehe:
• Even if non-Dehcho residents make for the majority in a community, Dehcho Dene always have a permanent majority of councillors.
• Jurisdiction to establish a Dehcho justice system for the enforcement of Dehcho laws, perhaps under a dual track court system.
• Jurisdiction over marriage, adoption and child welfare services, social housing and income assistance.
• Control over the sale of liquor and legal intoxicants.
Chief negotiator Georges Erasmus said there would be regulated access by non-Dehcho people into the new jurisdiction, which contains six communities: Sambaa K’e, Wrigley, Nahanni Butte, Fort Liard, Jean Marie River and the regional hub, Fort Simpson.
“Canada’s approach is that we must allow the public to be able to cross the land and casually move down the rivers and so forth, but they can’t develop the land in any way,” he told the forum.
“They can’t stay on the land for any length of time, they can pass through that is the only thing they can do. And the Dehcho lands can’t be used for any kind of commercial purpose without their consent.”
A payment of $200 million in payments would also be expected. Which is in addition to funding for self government or programs and services.The historical Treaty 11 would remain in effect and will still be celebrated every year, but the Dehcho Agreement would clarify and build upon it.
The next step in this current public information campaign will be at a Special Assembly to be held December 17th and 18th in Fort Providence.