Archived - 1994-1995 Annual Report of the Implementation Committee Sahtu Dene and Metis Comprehensive Land Claim Agreement

4.1 Enrolment Board

The Agreement provides for an Enrolment Board, composed of seven persons representing the Sahtu and two persons representing the Government of Canada. The Board is to be established at the date of the enactment of settlement legislation (June 23. 1994). Those Sahtu Dene and Metis who are entitled to benefit from the Agreement will be enrolled by the Enrolment Board. The Board will also keep a register of all those who have enrolled and will publish it annually.

The Sahtu representatives on the Enrolment Board were appointed in July 1994, These members, their home communities and their respective board positions are as follows:

The member appointed to represent the Government of Canada is Rosemary Cairns of Yellowknife, who serves as a Director of the Board. The second federal position was vacant as of March 31, 1995.

In July 1994, the Enrolment Board was registered with the Registrar of Societies of the Northwest Territories. Once the board constitution and operating by-laws were in place, it held its first meeting in Deline in November 1994. Initially, board members reviewed their mandate, assigned board positions, developed a work plan and budget for the 1994-1995 fiscal year, and established and staffed an administrative office.

The Board established an office in Deline, where it shares space with the Sahtu Secretariat Incorporated (SSl) and the Sahtu Dene Council. This arrangement allows these three organizations to pool bookkeeping and secretarial resources, and share general overhead expenses. The Board held competitions for the positions of enrolment co-ordinator and receptionistclerk and hired Roy Doolittle as the co-ordinator and Ruby Takazo as the receptionist-clerk.

Subsequent board meetings addressed operational aspects of the enrolment process which included the design of enrolment applications, posters, brochures and other items such as prepaid envelopes and letterhead. Board meetings were held in a different Sahtu community each month, along with public enrolment meetings. The latter allowed board members to discuss the enrolment process with community members, to answer any questions and to process enrolment applications. Board members have also been very helpful in processing applications in their communities and in promoting the enrolment process in general.

Enrolment kits were assembled and mailed to all people listed on the Sahtu Ratification Committee's official voters list and living outside the settlement area, as well as to other potential beneficiaries outside the settlement area who were known to board members. An address sheet for applicants to provide the names and addresses of other potential beneficiaries, such as their relatives, has been a very successful tool in creating a "chain reaction" and in helping the Board track down beneficiaries. Once enrolment kits are returned to the enrolment office, any new addresses are noted and additional kits sent out.

Newspaper advertisements were placed in two different Aboriginal newspapers in southern Canada and in News North. The advertisements will be run every two months until December 1995. A toll-free telephone line was also established to allow potential beneficiaries to call from anywhere in western Canada with questions about the enrolment process and eligibility, and to request enrolment kits. This initiative has turned out to be a real asset to the overall operations of the Board, in particular for applicants in getting information and for board members to maintain regular contact with the office. Application forms and other information on enrolment are also available at the Dene band office or Metis local office in each community.

During this first year, community enrolment campaigns were held in Fort Norman, Deline, Fort Good Hope and Norman Wells. Before each community campaign, details on the enrolment process and the local enrolment campaign were advertised over local radio stations in both English and Slavey. The turn out for these community sessions, which lasted for four to five days in each community, was very good. During each campaign, an enrolment station to handle walk-in applicants was setup, and two field workers went door to door to help people fill out application forms. Field staff concentrated their efforts on elders and those who might not be able to get to the enrolment station. The enrolment co-ordinator also did home visits, as requested, if people had questions field workers could not answer.

To date, the response to the advertisements and other efforts has been excellent, and the Board has received between 900 and 1,000 applications. This is a very satisfying amount, as the applications only became available in March 1995. The bulk of the beneficiaries are expected to be enrolled by the end of 1995. As applications are processed, beneficiaries will receive a personalized enrolment certificate, and there are plans to develop identification cards.

Sahtu Dene and Metis elders are now helping to trace family histories. Their knowledge is invaluable when it comes to the complex histories and movements of the Sahtu Dene and Metis peoples. The Board has also gathered church records from the five Sahtu communities. These records date back to the 1800s and are valuable assets in completing the family history portion of enrolment applications as required. In addition, the Board is developing a data base to record information relevant to the enrolment process as it is collected.

In 1995-1996. the Board will review the progress achieved in the first year of operations and will likely have community field workers do a second round of community enrolment campaigns. The enrolment kit mail-out campaign will also continue.

4.2 Arbitration Panel

The Agreement provides for the establishment of an eight-member Arbitration Panel to resolve disputes that arise in the implementation of the Agreement. The Panel will arbitrate disputes over topics described in the Agreement or those which arise in interpreting the Agreement. The process may involve either one or three arbitrators who will hear evidence. The decisions of the arbitrator(s) will be binding, and the arbitrator(s) may make an award, including the payment of costs and interest.

Tripartite advertisements for candidates to be members of the Arbitration Pane) were placed in selected northern and western Canadian newspapers in November and December 1994. The three parties reviewed all applications and exchanged lists of preferred candidates.

4.3 Renewable Resources Board

The Agreement provides for the establishment of a Renewable Resources Board as the main instrument of wildlife management in the settlement area. The Board has the power to establish policies and propose regulations on wildlife harvesting, including commercial fishing. It has an independent research capacity and is responsible for conducting a harvest study. Renewable resources councils, established in each Sahtu Dene and Metis community (see section 5.4), are responsible for advising the Board with respect to harvesting by the Sahtu Dene and Metis, and other matters of local concern within the jurisdiction of the Board.

In 1994-1995, the SSI nominated three members and three alternate members to the Renewable Resources Board, the federal departments of Environment and Fisheries and Oceans nominated one member and one alternate member each, and the Government of the Northwest Territories (GNWT) nominated one member and one alternate member. These nominees will be jointly appointed by the federal and territorial governments.

4.4 Environmental Impact Review Board

The Agreement provides for the establishment of an Environmental Impact Review Board as the main instrument for the conduct of environmental impact assessment and review in the Mackenzie Valley. The Review Board is to have equal membership from nominees of Aboriginal groups and of government, not including the chairperson. It will be created on enactment of the proposed Mackenzie Valley resource management legislation.

In 1994-1995, the SSI nominated Gordon Lennie, the Gwich'in Tribal Council nominated Alestine André, the federal government nominated Sarah Jerome and the GNWT nominated Len Colissimo. The Minister of Indian Affairs and Northern Development has agreed to appoint these nominees to the Board when the proposed Mackenzie Valley resource management legislation is enacted.

4.5 Other

A Co-ordinating Group was established in 1993 as a forum to consult on the drafting of resource management legislation, including the proposed Mackenzie Valley resource management legislation and surface rights legislation. The Co-ordinating Group includes representation from the Government of Canada, the GNWT, the Gwich'in Tribal Council and the SSI. The Sahtu Dene and Metis began participating in the Co-ordinating Group before the settlement of the Sahtu Dene and Metis Comprehensive Land Claim.

The Co-ordinating Group met frequently in 1994- 1995. Although the preparation of the proposed Mackenzie Valley resource management legislation is behind schedule, there has been substantial progress in drafting the legislation. The six-part legislation will create the Land Use Planning Board, the Land and Water Boards, and the Environmental Impact Review Board and will provide for a cumulative impact monitoring process. The federal and territorial governments, the Sahtu Dene and Metis and the Gwich'in are confident that the proposed legislation will honour the resource management obligations set out in the Sahtu Dene and Metis and the Gwich'in comprehensive land claim agreements.

In 1994-1995, the Co-ordinating Group, with guidance from the Implementation Committee, planned transition work for the Environmental Impact Review Board, including preliminary work on guidelines and procedures for the operations of the Board and the preparation of a job description for the executive director. Work is also proceeding to develop a framework for a cumulative impact monitoring system and for conducting environmental audits.

As provided by section 26.4 of the Agreement, a joint working group was to be established to review Sahtu heritage places and sites. The SSI would appoint two members to the group, and the federal and territorial governments would each nominate one member. In 1994-1995, members were appointed and a chairperson was selected. SSI representatives on the Joint Working Group on Sahtu Heritage Places and Sites are Isadore Yukon and Bella T'Selie, the GNWT representative is Tom Andrews and the federal representative is Ellen Lee. The working group has nominated a chairperson and is planning to hold its first meeting in the summer of 1995.

5.1 Board of Directors

In 1994-1995, the SSI Board of Directors was made up of:

SSI staff included George Cleary, president; Andre Buss, comptroller: and Freda Dillon, finance clerk.

5.2 New Office

The Deline Dene Development Corporation is in the process of constructing an office to be used as the headquarters of the SSI. The building will also house the offices of the Sahtu Dene Council and the Sahtu Enrolment Board. Construction is expected to be completed by mid-July 1995, and the SSI president's position will be relocated to Deline by July 31, 1995.

5.3 Sahtu Designations to Implementing Bodies

In 1994-1995, the SSI made appointments to the Enrolment Board and nominated members to the Environmental Impact Review Board, the Renewable Resources Board and the Joint Working Group on Sahtu Heritage Places and Sites.

Members of the Sahtu Enrolment Board were appointed In July 1994. The SSI nominee to the Environmental Impact Review Board is Gordon Lennie. The SSI nominees to the Renewable Resources Board are Morris Neyelle and Winter Lennie, and nominees for alternate members are Jimmy Tutcho and George Barnaby. The office of the Renewable Resources Board will be located in Fort Norman, The SSI nominated Isadore Yukon and Bella T'Selie to the Joint Working Group on Sahtu Heritage Places and Sites.

The SSI also developed lists of Sahtu nominees to the Land and Water and Land Use Planning boards, and are in the process of compiling biographies of the nominees. The offices of these boards will be located in Fort Good Hope.

5.4 Community Renewable Resources Councils

According to the Agreement, designated community organizations (land corporations) must appoint renewable resources councils for each community. In 1994-1995, the following renewable resources councils were established in the Sahtu settlement area:

Renewable resources councils will encourage and promote local community involvement in conservation, harvesting studies, research and wildlife management. and will advise the Renewable Resources Board.

5.5 Land Ownership

The SSI does not own land: ail the settlement lands are owned by the district land corporations in the three districts of Deline, Tulita and K'asho Got'ine. In the Tulita district, the settlement lands are owned jointly by the Tulita Land Corporation, the Fort Norman Metis Land Corporation and the Ernie McDonald Land Corporation, In the K'asho Got'ine District, the land is owned jointly by the Yamoga Land Corporation (Fort Good Hope Band), the Fort Good Hope Metis Local No. 54 Land Corporation and the Ayoni Ken Land Corporation (Colville Lake). The Deline Land Corporation owns all the land in the Deline district.

5.6 Sahtu Trust

The Sahtu Trust was created by the seven financial corporations which receive settlement moneys under the terms of the Agreement. The Sahtu Trust is managed by the SSI on behalf of the financial corporations, and each financial corporation owns a portion of the Sahtu Trust as allocated on a per capita basis.

At March 31, 1995, the amount in the Sahtu Trust was over $13 million. The interest generated by the Trust (approximately $560,000 in calendar year 1994) is distributed to financial corporations each year using a per capita allocation formula, The 1994 audited financial statements for the Sahtu Trust and the SSI are available from each land corporation.

6.1 Ministry of Intergovernmental and Aboriginal Affairs

During the period covered by this report, the Ministry of Intergovernmental and Aboriginal Affairs co-ordinated GNWT implementation activities including liaising with the Sahtu Secretariat Incorporated (SSI), federal and GNWT representatives, preparing quarterly status reports for the Implementation Committee, and the GNWT component of this annual report.

A ministry official actively participated in the three meetings held by the Implementation Committee and worked with the Department of Justice and the SSI to ensure that the registration of title to Sahtu lands was started. The Ministry also participated in meetings dealing with the proposed Mackenzie Valley resource management legislation.

6.2 Renewable Resources

The Department of Renewable Resources nominated a member and an alternate to the Sahtu Renewable Resources Board, and participated in the drafting of by-laws and procedures for the Board. A territorial member of the Environmental Impact Review Board was also nominated for future appointment by the Minister of Indian Affairs and Northern Development.

The Department consulted with all the communities in the Sahtu settlement area on the management plan for Bluenose caribou and on a review of Mackenzie Mountain outfitters. The Department also began reconciling the Wildlife Act to provisions of the Agreement, and started a regulatory review of wildlife management units.

6.3 Economic Development and Tourism

To support the development of the traditional economy and to provide employment opportunities for residents of the Sahtu settlement area, the Department of Economic Development and Tourism helped prepare funding proposals under various economic development agreements. Several of these proposals were approved and implemented.

The land required for the proposed Canol Trail and Dodo Canyon Park has been reserved and the Department has held preliminary discussions on the development of the park management plan

6.4 Education, Culture and Employment

The Department of Education, Culture and Employment has developed, in consultation with the SSI, a legislative action paper proposing new heritage legislation. This paper is now awaiting review by the Standing Committee on Legislation, The Department also began drafting a discussion paper on the management of heritage resources which is expected to be completed by the fall of 1995. The GNWT appointed a representative to the Joint Working Group on Sahtu Heritage Places and Sites.

The Department reviewed land use permit applications from the Sahtu settlement area for any potential impact on historic resources. Major Canadian and international museums and archival institutions were also contacted for information on any relevant items in their collections. A report on the findings of this informationgathering project is expected by the fall of 1995.

6.5 Energy, Mines and Petroleum Resources

The Department of Energy, Mines and Petroleum Resources received implementation funding for consultation leading to the development of the Northern Accord. Implementation resources enabled the Sahtu and GNWT to meet at both the technicalworking level and the co-ordinating committee level. The Department and the Sahtu met four times at the technical-working level (with technical and professional staff, lawyers and consultants), and three times at the co-ordinating committee level (with professional staff and political leaders).

Implementation resources were substantially supplemented by territorial "A" base funding. These additional resources were used to carry out the consultation required to accommodate Aboriginal interests in the development of the Northern Accord.

6.6 Public Works and Services

The Department of Public Works and Services negotiated one-year winter road fuel resupply contracts with Sahtu contractors for the communities of Fort Good Hope, Deline. Fort Norman and Colville Lake. These contracts were successfully completed by the contractors.

6.7 Justice

The Constitutional Law Division provided legal advice to GNWT departments, including the Department of Renewable Resources and the Ministry of Intergovernmental and Aboriginal Affairs, on various issues including government contracting in the settlement area and territorial legislation required to implement the Agreement.

The Constitutional Law Division, the Legal Division and the Legislative Division participated extensively in meetings to review the proposed Mackenzie Valley resource management legislation.

The Legislation Division also began work on amendments to the territorial Wildlife Act to ensure that harvesting provisions of the Agreement are recognized and implemented.

The Registrar of Land Titles participated in discussions with legal counsel, government officials and the SSI to resolve problems associated with the vesting and initial issuance of Sahtu-owned lands, and to finalize the procedure to initiate issuance of title. The Land Titles Office also started amendments to the Land Titles Act. These amendments will support the procedure developed for issuing title to lands. Finally, title was registered for municipal parcels in Fort Norman.

7.1 Economic Activity and Employment

In 1994-1995, the Department of Indian Affairs and Northern Development (DIAND) consulted with the Sahtu Dene and Metis on all economic development Initiatives in Sahtu communities, and Sahtu First Nations were full participants in DIAND's Community Economic Development Organization funding program.

During the reporting period, Public Works and Government Services Canada (PWGSC) established open lines of communication with the Sahtu Secretariat Incorporated (SSI). Staff at the western regional office of PWGSC presented a workshop entitled "How to Do Business with the Government" to the SSI in February 1995, during the Sahtu annual assembly- PWGSC also developed its ability to communicate contracting information to Aboriginal firms in the settlement area. In August 1994. PWGSC obtained a comprehensive list of designated Sahtu organizations from the SSI. This list was distributed throughout the federal government.

The PWGSC western regional office created an Aboriginal issues program advisor position, and in 1995-1996 will prepare regional workshops to familiarize Aboriginal contractors, suppliers and other interested groups with federal contracting practices. Internal seminars and workshops regarding PWGSC's obligations under various land claim agreements were given to various procurement sectors within PWGSC during 1994-1995. PWGSC and the Treasury Board Secretariat developed an overall general contracting strategy for procurement requirements pursuant to various land claim agreements, and the Treasury Board Secretariat issued a corresponding policy document to all federal contracting authorities in March 1995.

7.2 Environmental and Wildlife Management Issues

Federal members of the Environmental Impact Review Board were nominated for future appointment by the Minister of Indian Affairs and Northern Development. A contract to develop draft by-laws and procedures for the Board and to determine office space requirements was also completed.

7.3 Heritage Issues

The Department of Canadian Heritage continued consultations with the Sahtu communities of Fort Norman and Define to develop proposals for consideration by the Historical Sites and Monuments Board of Canada to commemorate Dene history in the Sahtu settlement area.

7.4 Land and Water Management Issues

In 1994-1995. the Legal Surveys Division of Natural Resources Canada expended $1.2 million on contracts for boundary surveys of Sahtu lands, on one contract for aerial photography and on consultations with the Sahtu Dene and Metis. These surveys included 94 municipal sites identified as priorities by the Sahtu Dene and Metis, as well as six specific lots, two Sahtu "M" parcels and 13 Sahtu parcels.

The federal government withdrew land required for the proposed Bluenose National Park by order-in-council. On February 15.1995, a land reserve was established for the creation of the proposed Canol Trail and Dodo Canyon Territorial Park DIAND will transfer responsibility for the administration and control of this land to the Government of the Northwest Territories (GNWT) after the completion of a park management plan.

The federal government withdrew land in the Kelly Lake Protected Area from the disposition of surface interests by order-in-council, and while the area was checked for any debris left by the public using the area. there was no debris to clean up. DIAND identified hazardous materials (such as Fuel, oil and grease) along the Canol Trail and made plans for their removal in 1995-1996.

As an interim measure related to land and water use authorization in the settlement area before the establishment of the Land and Water Board, no permit, licence or authorization for land or water use in the settlement area is to be issued by government without at least 30 days' notice to the SSI. In1994- 1995, all land use permits on Sahtu Dene and Metis lands were issued with the agreement of the Sahtu Dene and Metis land corporations, and the initial review period for applications for land use permits on Crown land was extended to the maximum 42-day period to facilitate review by Sahtu Dene and Metis land corporations.

The Agreement provides for the establishment of a Surface Rights Board as an institution of public government with jurisdiction over matters relating to surface entry and compensation. In 1994-1995, the nomination process for board members was developed by the Department of Indian Affairs and Northern Development.

7.5 Legislation

In 1994-1995, the development of proposed Mackenzie Valley resource management legislation progressed. Consultations were carried out with various industry groups, including mining and oil and gas interests, as well as Aboriginal organizations in the southern Mackenzie Valley. Several revised drafts of the proposed legislation were completed and reviewed by the Co-ordinating Group developing the legislation. It is anticipated that legislation will be introduced into the federal parliament by the fall of 1995.

7.6 Other Implementation Activities

The Department of National Defence (DND) implementation strategy for the Sahtu Agreement was drafted by March 31, 1995, and is to be reviewed by departmental authorities before planned publication in 1995-1996. In early 1995, DND established the position of Director General, Aboriginal Affairs to act as a departmental focal point on Aboriginal issues. An implementation working group will assist this Director General in ensuring that all departmental obligations under comprehensive land claims agreements are identified and DND implementation plans developed accordingly.

In 1994-1995, DND provided information to the SSl on project training and exercises by Canadian Ranger patrols, cadets and southern-based Canadian military units in the settlement area- Two Canadian Forces cadet units from the Sahtu settlement area participated in a Mackenzie Delta field exercise in October 1994.

In June 1994, DIAND developed a process for calculating resource royalty payments. Royalty payments made during 1994 with respect to section 10 of the Agreement amounted to approximately $198,000.

Following the submission of a funding request, DIAND provided funding to the SSI to carry out research and develop negotiating positions for a self-government agreement.

From June 6 to 8. 1994, DIAND made annual treaty payments to each of the Sahtu First Nations in Colville Lake, Fort Good Hope, Fort Norman and Deline.

7.7 Federal Co-ordination of Implementation Activities

The Claims Implementation Branch at DIAND is responsible for the co-ordination of federal government obligations under the Agreement. During the reporting period, the Branch monitored the fulfilment of Canada's obligations by federal departments and actively participated in the threeparty Implementation Committee.

In accordance with funding provisions of the Implementation Plan, the Branch entered into funding arrangements with the SSl, GNWT and the Enrolment Board. The Branch provided a training grant to the SSI! ($850,000). and implementation funding to the SSl ($193,151), the Renewable Resources Councils ($143.789), the Enrolment Board ($74.842) and the GNWT ($276.677). Wildlife Studies funding ($2,100,000) was also placed in trust for the Renewable Resources Board.