With the Dehcho Process hanging in the balance, Pehdzeh Ki First Nation (PKFN) in Wrigley is threatening to halt the development of the $82-million Mackenzie Valley fibre optic cable that is set to run through their region, which is under negotiation.

“It is with regret that we inform you…that the PKFN will not be able to accommodate nor support this project crossing over our asserted traditional lands till such a time as GNWT resolves the impasse with Dehcho First Nations,” said PKFN Chief Tim Lennie. “We are very disappointed in the government’s inability to adequately deal with our lands rights issues. We have been given a take it or leave it offer by your government which we do not support.”

In a letter, Lennie also informed GNWT officials that they are not welcome in PKFN territory so long as negotiations are halted.

“The Crown has a legal duty to negotiate in good faith with us,” Lennie said. “They can’t simply issue ultimatums and then abandon negotiations and threaten to terminate our existing agreements, but that is exactly what they are doing.”

This isn’t the first time PKFN has been outspoken about the Dehcho Process. In 2012, the band stepped away from negotiations stating that nothing had been achieved.

“That’s the kind of stuff that communities are responsible for and if that’s what they feel needs to happen in order to get government to listen, that’s an important thing and I stand behind them 100 per cent,” said Dehcho Grand Chief Herb Norwegian.

The Dehcho Process has been ongoing since 2001. In October, the GNWT offered the DFN and its 3,600 population a total of 37,500 square-km of land with generalized interest of around 18 per cent in subsurface rights for the whole region, or 33,488 square-km with 100 per cent of subsurface rights. This is comparable to the Tlicho Agreement of 2001 which established a land base of 39,000 square-km for 3,200 citizens.

The DFN argued that going by calculations which allotted the Tlicho their land, the area of DFN lands should total around 50,000 square-km.

In January, Premier Bob McLeod suspended negotiations over the land quantum debates, stating the GNWT’s land offer “represents the full extent of GNWT flexibility. If this offer is unacceptable to the Dehcho, then I suggest that we acknowledge that negotiations have failed to resolve our differences.” They were given a deadline of Feb. 20 to respond to what Dehcho Grand Chief Herb Norwegian is calling an “ultimatum.”

This message was reiterated by McLeod several times, in a meeting between the parties on Feb. 11 and in a letter dated Feb. 20. The deadline was extended to Apr. 6.

The DFN have sought mediation with both the federal and territorial governments on the matter. As of press time, Canada had agreed to return to the table with a mediator, but the GNWT had not replied.

“We’re trying to get government to move and get them to see our side of the picture,” Norwegian said. “We believe that what we’ve put on the table is fair and that they need to acknowledge that, so the sooner we can resolve these issues then the Dehcho corridor will be open for business again.”

In an open letter, Norwegian challenged McLeod to a public debate in Fort Providence to address the problems.

“It’s written down, it’s as good as carved into marble,” he said. “It’s a call that is serious and we just need to get everything out in the public and to show that we’re serious about trying to move forward with the stuff that we’re doing here in the Dehcho.”

“The GNWT does not feel that allegations exchanged in the media is serving the people of the Dehcho well. Our preference has always been for a negotiated solution,” Premier McLeod stated. “We have made a generous offer to the DFN that is consistent with previously settled claims throughout the NWT and encourage them to consider it. Details of that offer have been made public in the interests of clearing up confusion and misinformation about the GNWT offer, but we believe that negotiations should be conducted in a forum specifically intended for that purpose.”

MLAs speak out in support of Dehcho

MLAs Michael Nadli from the Deh Cho and Kevin Menicoche from Nahendeh have spoken out on behalf of the DFN in the legislature.

Both expressed their belief that mediation between the two groups must be seriously considered in order to come to an agreement and, hopefully, repair their relationship.

“It is my belief that the negotiations process is about working out issues and arriving at a common point of mutual interest,” said Nadli. “Before abandoning the negotiations, all options should be explored in the best interests of moving negotiations forward.”

“After many years of negotiation, they simply cannot abandon all the hard work and efforts by both parties, especially when the Dehcho is so close to completing their negotiations,” said Menicoche. “There must be a creative and unique way that the remaining issue of land quantum can be overcome.”