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LKDFN negotiator: 18th assembly must act on Thaidene Nene

Thaidene Nene could be a model for reconciliation as one of the most “progressive” relationship building exercises in Canada recognizing Indigenous jurisdiction and authority.

That is, if the Government of the Northwest Territories (GNWT) makes a point to pass legislation on Thaidene Nene in this assembly, said Steven Nitah, chief negotiator for Lutsel K'e Dene First Nation (LKDFN) at an Oct. 17 committee meeting.

Nitah presented to the Standing Committee on Economic Development and Environment, urging swift movement on territorial legislation in this assembly to become leaders in conservation economy, said Nitah.

Avery Zingel/NNSL photo
Lutsel K'e Dene First Nation's chief negotiator Steven Nitah (left) is pressing this assembly to pass through legislation on Thaidene Nene. Nitah and lawyer Larry Innes (right) presented at the Standing Committee on Economic Development and Environment Oct. 17.

“Their eyes are on you,” said Nitah, adding that jurisdictions across Canada are following how the GNWT manages conservation planning.

“The GNWT has committed to have already established a legal instrument to create protected areas, said Nitah.
“We are disappointed that the legislation has not been introduced in this assembly. We are quite concerned that the GNWT may not be able to create legislation during the life of this assembly,” he said.

If the GNWT does not establish legislation, "all the good work that's been done by my team, by your negotiating team, by Canada and by Lutsel' Ke is in jeopardy," said Nitah.

Millions of dollars of investments in the NWT would also be lost, he said.

The protected area will create certainty that special places are protected and other economic opportunities outside of industry can be explored, he said.

Thaidene Nene will have no industrial development aside from small community-based developments which will be permitted in Thaidene Nene, said Nitah.

Non-Indigenous residents and visitors will be able to use the park.

The park will produce 18 positions, eight of which are full time. The community is looking to establish a visitors, heritage and operations centre.

Parks Canada is committing $32-million for the first 12 years and $3-million annually thereafter

LKDFN will establish a trust fund that they own and operate to contribute their own management responsibilities to the park.

In 27 years, there will be no taxpayer involvement with the protected area, said Nitah.

“This gives LKDFN the freedom to know they're not dependent on crown government to fulfill the operations of Thaidene Nene,” he said.

LKDFN is looking to establish an agreement with the federal government by Jan. 2019 and with the GNWT by June 2019.

The committee voiced its support for establishing a protected area.

While Lutsel K'e is looking for a new health centre, its existing infrastructure could be opportune office space for managing a future park, said Tu Nedhe-Wiilideh MLA Tom Beaulieu.

A July 13 handout outlining territorial, federal and wildlife act areas for Thaidene Nene.
(GNWT fact sheet)

MLA Herb Nakimayak said he hoped the park would not lose traction in an election year.

MLA Kevin O’Reilly also voiced his support and said he would continue to push action at the cabinet level.

“We need to be pretty blunt here today. The problems are with our political leaders and frankly, our cabinet, who are are not supportive of a conservation economy. We have to move our cabinet on this,” said O’Reilly.

The GNWT is currently developing new protected areas legislation that it will use in the establishment of permanent protected areas in the territory.

It is open to public comment until Oct. 26, 2018.

Once drafted and finalized, the legislation will be a guiding force for the establishment of the candidate areas Dinaga Wek'ehodi in the North Arm of Great Slave Lake and Ts’ude niline Tu’eyeta west of Fort Good Hope and parts of Thaidene Nene.

The GNWT is developing legislation that could be exemplary for the establishment of other protected areas, said Nitah.

“That’s what the promise of legislation provides. It provides economic opportunities through the conservation economy and protects special places,” he said.

Negotiations with Canada started in 2010 but Thaidene Nene has been an area of interest for almost 50 years.

The park is closed to industrial development and will be subject to mixed management in partnership with Indigenous, federal and territorial governments.

“Roles and responsibilities are spelled out clearly,” said Nitah.

Shortly thereafter, elders and the community engaged people to start looking at a protected area and legislation and practices.

“We have a relationship with the lake as well as a relationship with the land and all that exists on the land,” said Nitah.

Lutsel K'e needs legislation that honours treaty eight and is clear for industry and other actors to understand and respect, said Nitah.

“We wanted to create a conservation economy for this protected area ... where we create an economy that's localized and for the long term,” he said.

It would not serve as a replacement for the mining industry but as “complementary,” said Nitah. “To counteract that dependency on the mineral industry, the community wanted to create a conservation economy,” he said.

LKDFN chose Parks Canada as a partner for Thaidene Nene because of its ability to market conservation areas, said Nitah.

“Lutsel K'e has been taking the lead since day one. It was Lutsel K'e that went to Parks Canada, then GNWT was invited to a tri-party negotiation,” said Nitah.

In 2010, the GNWT was in the late stages of finalizing devolution and decided not to participate while LKDFN negotiated with Parks Canada on an agreement in principle.

By 2015, they had come to the table and started to work in partnership to establish the park.

On Dec. 10, LKDFN members will vote to make an ultimate decision on the establishment and trust agreement, as well as a land transfer agreement.

“The vote by the members of Lutsel K'e will be the decision making. It's Lutsel K'e that says ‘Yes,’ or Lutsel K'e that says ‘No.’ That decision lies with the members,” said Nitah.

Thaidene Nene covers 26,308 square kilometres of land, to be segmented into a federally protected area, a territorial protected area of interest and a wildlife conservation area of interest.

Thaidene Nene as proposed follows the “spirit and intent of the treaty of 1900,” to ensure shared land management with treaty partners.

The protected areas include:

  • 14,305 square kilometres protected under the Canada National Parks Act
  • 8,906 square kilometres protected under the Territorial Protected Act
  • 3,165 square kilometres protected under the GNWT's Wildlife Act

“This would be the latest and greatest protected area in Canada,” said Nitah.

“Roles and responsibilities are spelled out clearly," he said.

Thaidene Nene is designed as a "sidetable" to Akaitcho.

“Akaitcho is the only final agreement that can make changes to the establishing agreements,” said Nitah.

“This is a good thing for us in Lutsel K'e,” he said. “We are able to take Thaidene Nene for a test drive and make changes to the Akaitcho agreement if changes are needed.”