Negotiators want next N.W.T. MP to advance land claims

Dehcho Grand Chief Herb Norwegian says the N.W.T.'s future MP will need to "roll up their sleeves" with federal negotiators to bring unresolved land claims over the finish line.

Their biggest challenge?

Sparse and "slow" negotiations where time is spent reviewing minutes instead of advancing issues needing "immediate attention" like governance and resources, said Norwegian.

Dehcho's claim process has been ongoing for over 20 years and he says in one year they only negotiated for just 21 days.

"We're just being dragged down the damn road," he said, describing prolonged negotiations as an "ongoing trauma."

"After all, it's our land," he said.

The N.W.T. has three unresolved land claims affecting the Dehcho First Nations, Akaitcho Dene and the North Slave Métis. 

Akaitcho Dene First Nations includes Yellowknives Dene, Łutsel K'e Dene and Deninu Kųę́ First Nations, who reached a draft agreement in 2023.

Abiding by UNDRIP

Twenty-two years into negotiations, Yellowknives Dene Ndilǫ Chief Fred Sangris said Akaitcho communities are "wordsmithing" with Ottawa lawyers under the Liberal government to clarify their rights.

"Under [UNDRIP] there is no need for any Indigenous group in the world to extinguish all their rights," he said.

"We don't want to have an agreement like other First Nations across Northwest Territories that have extinguished. Once you extinguish, you can't go back to the table and ask for anything else." 

Federally, the Liberal, Green Party, and the New Democratic Party platforms support implementing UNDRIP. 

On Tuesday Conservative Leader Pierre Poilievre sidestepped questions on whether they would fully implement the law but the party's platform is to "get projects built again by repealing the Liberal anti-development laws."

Clarifying power of claims

 Projects like the Mackenzie Valley Highway, which would pass through Dehcho communities, could change the face of the region and increase access to their lands.

Liberal Candidate Rebecca Alty said that she would support bringing in technical experts to advance efforts to establish the Mackenzie Valley Highway, Slave Geological all-season road to the Nunavut border, and the Gray's Bay port and road project. 

She said she would push for more days spent negotiating, and allocate more staff to negotiating settlement and build capacity to devolve responsibilities under Indigenous self-government, as with the Inuvialuit on child and family services.

The Liberal government was working on passing legislation to use a commissioner of modern treaty implementation to interpret agreements through the commission rather than going to court. 

The NDP's Kelvin Kotchilea said unsettled claims mean First Nations lack "meaningful" equity shares in major diamond, mineral and oil and gas development and that Indigenous governments told him the next MP should be a "partner in lobbying" to advance claims. 

Unresolved claims in the Dehcho and Akaitcho regions and the North Slave Metis Alliance, pose a "big question mark" over resource exploration, land protection, resource royalties, cultural activities and , said Kotchilea.

He called some Impact Benefit Agreements a "joke" because millions of dollars could have "fixed the housing shortage in [the Tlicho] region if these mines were serious about partnership rather than tokenism and taking advantage of us." 

Kotchilea said the NDP will advance the Mackenzie Valley Highway by meeting with impacted communities Wrigley, Tulita, Deline, Fort Good Hope and Norman Wells.

Green Party Candidate Rainbow Eyes said "Canada has a history of going about it in a colonial way, not getting the perspectives and views of the people" and that "open dialogue will move claims ahead."

The Green Party supports Indigenous title affirmation according to the Supreme Court ruling with Tsilhqot'in Nation, and the Haida Title agreement. It promises land restitution and identifying federal and Crown lands suitable for transfer to Indigenous ownership.

The Greens would replace First Ministers' meeting with Indigenous, federal, provincial, territorial and municipal governments forming a Council of Canadian Governments.

Conservative Candidate Kimberly Fairman said her party will focus on "shovel ready" projects in the territory and pursue the Gray's Bay Port and road project. 

In CBC's election forum with the N.W.T.'s four candidates, Fairman said settling claims would give certainty on development and that the resource sector is one of the "key supportive sectors for our whole economy."

Fairman said the North is "10 years behind" on exploration, which she says has been "very slow or stagnant" because companies are reluctant to invest if they do not expect financial returns.

The party's platform does not mention land claims or negotiations but says it would establish a nation-to-nation consultation process for legislation and projects affecting First Nations. 

Fairman proposed a First Nations resource charge policy to access money directly from private companies rather than seek funds from territorial and federal governments. 

Benefiting from development

Norwegian expects a "big push to get lands and resources back on the table" in upcoming negotiations.

Land claim resolution goes hand-in-hand with self-governance, and would enable Akaitcho communities to advance on issues like housing and economic development, said Sangris. 

Sangris said housing and homelessness continue to affect communities and most land claims do not have housing under their agreements.

"If you don't have a home, you can't get a job, because you don't have an address and that's a problem."

Sangris said N.W.T. residents need a leader who can address both U.S. attacks on Canada's economy and "outstanding grievances on the land claim process."

Unresolved claims

North Slave Métis Alliance (NSMA) President Marc Whitford said they sent the federal government a revised asserted claim last summer and are still waiting to initiate a process, he said.

"We have trouble with some of the economic initiatives that we're working on, because we're viewed differently than the [First Nations] that actually do have a claim."

In the Dehcho, Norwegian said negotiators are working on issues of governance and residency requirements — they sought 10 year residency for electoral participation rather than the federal government's suggested two. 

This is to protect against "transient governments" in the event of large resource development projects, he said.