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Agreement-In-Principle Readied for Approval

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Agreement-In-Principle Readied for Approval Spring 2012 Vol. 14, Issue 1 !"#$%&'()*+##,#-./%-/0+%-$%"'#(12%.%3- JANUARY, 2012 - NWTMN NEGOTIATIONS CAUCUS assembled in Yellowknife prior to the Main Table, left to right back row, NWTMN Executive Director Earl Jacobson, Legal Counsel Darwin Hanna; Fort Resolution Métis Council vice president Arthur Beck; Hay River Métis Government Council vice-president Wally Schumann, NWTMN president Betty Villebrun, Hay River Métis Government Council president Paul Harrington, Hay River representative Karen Lafferty, Fort Smith Métis Council president Ken Hudson, Legal Counsel Chaslynn Gillanders, Research & Communications offi cer Jim Green; seated, left to right, NWTMN secretary/treasurer Ann Lobb, Fort Smith Elder Archie Smith, NWTMN chief negotiator Jake Heron, Fort Resolution Elder Angus Beaulieu, Fort Smith Métis Council secretary/treasurer Allan Heron and Fort Resolution Métis Council secretary/treasurer Lloyd Cardinal. Agreement-in-Principle readied for approval Fort Smith – NWTMN president government led to the initial- follow-up letter to an October on February 8. The Board re- the three Chief Negotiators will of Commissioners Land will be Betty Villebrun is fi nally breath- ling of a South Slave Métis 20, 2011 meeting in Ottawa, sponded by passing a unani- initial the AiP and the Parties withdrawn in Fort Resolution, ing a little easier these days. Framework Agreement in in which he confi rmed that mous resolution directing that: 1. can proceed with approval. Fort Smith and Hay River. This “The fi rst step of job one is January 1996. Negotiations “the amounts tabled in No- Jake Heron, as Chief Negotiator, NWTMN approval will land will not be available for de- about done,” sighs Villebrun, started in early 1997. So, fi f- vember 2009 are at the full is hereby authorized to accept include AiP consultation velopment or leasing. Aboriginal “and it feels pretty good.” teen years in the making, the extent of Canada’s mandate Canada’s offer dated Novem- sessions in the communities. and Metis harvesting can con- “Don’t get me wrong,” she NWTMN lands and resources and are Canada’s full and ber 17, 2009 on behalf of the A Special Assembly will be tinue on withdrawn lands. After hastens to add, “it wasn’t my AiP is almost a done deal. fi nal offer.” NWTMN; 2. The Negotiation called for the purpose of con- the AIP, the NWTMN will enter doing. The Métis Nation has as- Canada made its “offi cial” NWTMN chief negotiator Team fi nalize the Agreement sidering AiP approval. into land selection negotiations. sembled an outstanding support capital transfer, land, and re- Jake Heron informed the main in Principle for initialing by the Following NWTMN ap- Once the AiP is signed, ne- staff both here at headquarters sources royalty sharing offer table parties in Yellowknife respective Chief Negotiators. proval, the GNWT Cabinet will gotiations will start on self- and in the communities and our in November 2009. January 26, 2012 that he would Mr. Heron informed the main approve the AiP. After GNWT government, land selection and crack negotiations team has been be recommending the accep- table of the Board’s resolution approval, the federal govern- the Final Agreement. The Final consistently backed up by a del- Canada’s Full tance of Canada’s offer to the in March 2012. ment will approve the AiP. Agreement will recognize the egation of dedicated Elders,” she and Final Offer NWTMN Board of Directors. aboriginal rights of NWTMN said. “The Board of Directors The NWTMN AiP nego- AIP Approval Process Land Withdrawl members, including harvesting has been steadfastly support- tiations process was in an ad- Board of Once the AiP is completed, Prior to land selection, gov- rights, Métis land ownership, ive the whole way, as have the vanced stage of completion Director’s Resolution each of the Parties will proceed ernment has agreed to withdraw capital transfer, royalty sharing, delegates at our assemblies in late 2011. INAC Minister Mr. Heron subsequently with their internal acceptance 39,000 sq/km of land in the South consultation on development and over the years.” John Duncan wrote to the recommended the acceptance processes . When authorization Slave Region from disposition to IBA requirements, and manage- NWTMN January 10, 2012 a of Canada’s offer to the Board has been made by the Parties, third parties. Also, 693 hectares ment of land, water and wildlife. A Long Time Coming In 1982, the Constitution Act, 1982 offi cially opened the door for the Métis to be full and equal partners in the Dene/Métis negotiations pro- cess. The Dene and Métis of Negotiations on track in spite of court claim the NWT agreed to a sepa- rate structure to negotiate the Dene/Métis Comprehensive The Akaitcho Territory the recognition of aborigi- At the request of Canada and process and move forward not to consult with the First Land Claim with funding for Government (ATG) has nal rights of the NWTMN/ the Councils, the Court has or- with the ratifi cation of the Nations at the Agreement- in- a “Secretariat” coming from started a Federal Court case Councils; dered that the case be specially AiP. The NWTMN insists that Principle stage of negotiations. both organizations. to seek certain declarations c) declaration that the rec- managed by a case management Akaitcho rights do not trump Agreement could not be against Canada, the Fort ognition of aboriginal rights judge. The Court has not made Indigenous Métis rights. Sambaa K’e Case reached on the joint Dene/ Smith Métis Council and the of the NWTMN/Councils any orders to stop the NWTMN The Akaitcho case was com- The Court found that the Métis Final Agreement and Hay River Métis Government will be a violation of the ab- lands and resources negotia- menced after the Federal Court Crown had a duty to consult the process collapsed in July Council: including: original and treaty rights of tion process. Canada has com- released its decision for the at the Agreement-in-Principle 1990. Métis were left without a) “declaration that Canada the Akaitcho;” menced a consultation process Sambaa K’e Dene Band and stage: an avenue to pursue their goals has a duty to consult in respect with the ATG regarding the Nahanni Butte Dene Band v. “Canada has a legal and and aspirations. to the NWTMN negotiation Res. Métis Not Named NWTMN AiP. John Duncan et al., February constitutional duty to engage process; The ATG did not name the 10, 2012. This case was brought in immediate and substantive Framework b) declaration that Canada Fort Resolution Métis Coun- Process Defended by application for judicial discussions directly with the Agreement Signed has an obligation to ensure cil as they deemed them Dene The NWTMN is taking review of the decision by the SKDB and NBDB with respect Discussions between that the NWTMN/Coun- Descendants and eligible for steps to vigorously defend Minister of Indian Affairs and to the subjects of the land claim the Métis and the federal cils meet the Powley test for the Akaitcho claim process. the NWTMN negotiation Northern Development Canada with ADKFN...” The time !"#$% has come &'()*+,-()+.)/'()#+0/'1(2/)&(00,/+03)45/,2)#6/,+7 Box 720, Fort Smith, NT, X0E 0P0 Phone: (867) 872-2770 / Fax: (867) 872-2772 / Toll Free Phone: 1-866-872-6866 The South Slave Métis Framework Agreement; outlining the purpose, negotiation process, subject matters and Northwest Territory Métis Nation the timetable for negotiating the Agreement-in-Principle (AiP), was signed by the Métis Nation, the Government Executive President of the NWT and Canada on August 29, 1996. Betty Villebrun: 867-872-2770 • [email protected] The Métis Nation negotiations team collected and Vice President examined every modern lands and resources agreement Tammy Hunter: [email protected] Canada had signed with any aboriginal organization in the country. Once it became clear that Canada would Secretary-Treasurer insist the AiP mirror the original Déne/Métis agreement, Ann Lobb: 867-874-4470 • 867-874-4472 • [email protected] that agreement, plus the Gwich’in and Sahtu agree- ments were used along with certain aspects from other Métis Community Councils aboriginal agreements as well as some Métis specifi c features. Hay River President Paul Harrington: 867-874-4442 • 867-874-4472 • [email protected] Negotiations: How they worked Generally, one of the three parties at the main table Fort Resolution President would volunteer to “take the pen” on a certain chapter Garry Bailey: 867-394-4151 • 867-394-3322 • [email protected] and later table a draft. The draft would be debated, Fort Smith President sometimes word by word, until all three parties were Ken Hudson: 867-872-2643 • 867-872-5225 • fortsmithMé[email protected] comfortable with the wording. The Métis negotiations team regularly caucused before each main table to fi nalize their approach to whatever NWTMN Staff topics were coming to the table. Executive Director A long, hard rocky road Earl Jacobson: 867-872-2770 • 867-872-2772 • [email protected] There were several “pauses” to negotiations, Ministers Human Resources / ASETS Manager changed, chief negotiators changed, changes to federal Pearl Bird: 867-872-2770 • 867-872-2772 • [email protected] and territorial negotiating teams caused delays, and Canada’s simultaneous development of a “Métis policy” Career Counsellor drew the proceedings out. After several years of attempting Candace Mercredi: 867-872-2770 • 867-872-2772 • [email protected] to develop a national policy for Métis, and negotiate with Employment Offi cer – Yellowknife Offi ce the NWTMN, the federal government acknowledged in 2002 that it could not negotiate constitutionally protected [email protected] Métis rights. Canada concluded that while it was unable Cree Language Manager to negotiate a lands and resources agreement, it could Vance Sanderson: 867-872-2770 • 867-872-2772 • [email protected] negotiate a lands and resources contract with the NWTMN.
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