1.7 the 2002 Tlicho-Akaitcho Boundary Creek Agreement
Preamble: The Government of the Northwest Territories is seeking to impose extra-ordinary restrictions on the rights of the Yellowknives Dene First Nation. The Yellowknives Dene First Nation (YKDFN) – Dettah and Ndilo – are member First Nations of the Akaitcho Territory Dene First Nations, descendants of those who made Treaty on July 25, 1900 at Deninu Kue. Members of YKDFNs currently have existing aboriginal and treaty rights. These rights include, among others, the right to hunt, fish, trap and gather in Chief Drygeese Territory. The aboriginal and treaty rights of the YKDFN have been exercised by YKDFN for generations, and continue to be exercised to date. The evidence of Elders and First Nation members together generally confirm that in Chief Drygeese Territory: • The lands are used for hunting, fishing and trapping on a regular basis today, • The lands are also used for the gathering of berries for food and plants for medicinal purposes, • They have been so used for generations, • The trapping provides furs to sell and meat to subsist on, • The meat obtained from the hunting and trapping feeds many community members and not just the trapper or hunter, • Many different types of animals are hunted and trapped, and • The lands have spiritual and cultural significance to the YKDFN. In short, the treaty rights to hunt, fish, trap and gather provided in the Treaty, in addition to other rights, do not exist only on paper, but are in active use, and an integral part of the tradition and existence of the Yellowknives Dene. The courts have been clear on the mechanisms that need to be followed if rights are to be infringed: 1) There must be a ‘compelling and substantial’ justification for the action 2) The Crown must engage in significant and meaningful consultation 3) All other privileges and harvesting options must be attempted prior to any infringement of rights, and if infringement does occur, it must be shown to be as little as necessary.
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