Northwest Territories

Background

Land Claims in the Northwest Territories: A Historical and Contemporary Overview

The Northwest Territories, a region characterized by vast landscapes, rich natural resources, and diverse Indigenous cultures, has a complex history of land claims that reflects the ongoing struggle for recognition, rights, and self-determination by its Indigenous peoples.

Historical Context

The history of land claims in the Northwest Territories is deeply intertwined with colonialism and the imposition of European governance structures. Following the confederation of Canada in 1867, Indigenous peoples faced increasing encroachment on their lands as settlers moved westward. The establishment of treaties, particularly the numbered treaties from Treaty 1 to Treaty 11 between 1871 and 1921, aimed to formalize land use and rights but often resulted in misunderstandings and exploitation.
The Indigenous peoples of the Northwest Territories, including the Dene, Inuit, and Métis, found themselves largely excluded from decision-making processes regarding their lands. The introduction of the Indian Act in 1876 further marginalized Indigenous identities and governance systems, leading to calls for the recognition of land rights and self-determination.

The Land Claims Process

The modern era of land claims in the Northwest Territories began in the 1970s, prompted by growing Indigenous activism and the need for a framework to address land rights. One of the landmark events was the 1973 Calder case, where the Supreme Court of Canada recognized the existence of Aboriginal title, setting a precedent for land claims negotiations.
The first comprehensive land claim agreement in the Northwest Territories was the Dene/Métis Comprehensive Land Claim Agreement, signed in 1992. This agreement recognized the rights of the Dene and Métis peoples over their traditional territories and established governance structures to manage land and resources.

Contemporary Challenges and Opportunities

While land claims agreements have made significant strides in recognizing Indigenous rights, challenges remain. Many Indigenous communities still grapple with issues related to resource development, environmental protection, and the need for more effective consultation processes. The impacts of climate change, particularly in the Arctic, further complicate land management and resource use.
Moreover, the implementation of land claim agreements often faces bureaucratic hurdles, leading to frustration over the pace of change. Indigenous leaders continue to advocate for stronger governance structures and more equitable resource-sharing arrangements.
Land claims in the Northwest Territories represent a crucial aspect of the ongoing journey toward reconciliation and self-determination for Indigenous peoples. As agreements evolve and new challenges arise, the focus remains on ensuring that Indigenous voices are at the forefront of discussions regarding land use, governance, and environmental stewardship. The path forward requires collaboration, respect for Indigenous knowledge, and a commitment to fostering a more equitable relationship between Indigenous peoples and the Canadian state. The future of the Northwest Territories depends on the recognition and respect of the rights and responsibilities inherent in these land claims, paving the way for sustainable and inclusive development in the region.

Status of Our Negotiations

The Acho Dene Koe First Nation Northwest Territories Land Claim and Self-government negotiations originated out of the Dehcho Process.

History of Our Negotiations and the Continued Connection to the Dehcho Process Negotiations

The Dehcho Process negotiations is a significant negotiation framework aimed at advancing the rights and self-determination of the Dehcho First Nations in the Northwest Territories of Canada. This process continues to represent a vital aspect of Indigenous governance, as it seeks to address historical grievances, promote self-governance, and foster sustainable development in the region. The Dehcho Process reflects broader themes of reconciliation, respect for Indigenous rights, and the importance of collaborative governance in modern Canada.

  • Historical Context

The Dehcho First Nations consist of several Indigenous communities situated in the Dehcho region, which encompasses a vast area of land along the Mackenzie River in the Northwest Territories. The roots of the Dehcho Process can be traced back to a series of historical injustices, including colonial policies that undermined Indigenous land rights and governance systems. The signing of treaties, particularly Treaty 11 in 1921 and 1922, failed to adequately address the needs and aspirations of the Dehcho peoples, leading to long-standing grievances regarding land management, resource extraction, and cultural preservation.

The Dehcho Process began in the late 1990s when the Dehcho First Nations sought to formalize their land claims and assert their rights through a negotiation process. The catalyst for these negotiations was the desire for greater control over their traditional territories and a recognition of their inherent rights as Indigenous peoples. The Dehcho Process is not merely a land claim negotiation; it represents a broader movement towards self-governance and the revitalization of Indigenous culture and identity.

  • Key Components of the Dehcho Process

The Dehcho Process is characterized by several key components, including land claims negotiation, self-government discussions, and environmental stewardship. At its core, the process aims to establish a comprehensive land claim agreement that recognizes the rights of the Dehcho First Nations over their traditional territories. This involves detailed discussions about land use, resource management, and the establishment of protected areas, ensuring that the values and traditions of the Dehcho peoples are respected in the face of economic development.

Self-governance is another critical aspect of the Dehcho Process. The Dehcho First Nations seek to create their own governance structures that reflect their cultural values and traditions. This includes the establishment of institutions that empower Indigenous decision-making and promote community engagement in governance. By pursuing self-government, the Dehcho First Nations aim to reclaim authority over their lands and resources, fostering a sense of identity and autonomy that has been historically undermined.

Environmental stewardship is also integral to the Dehcho Process. The Dehcho First Nations emphasize the importance of sustainable development and the protection of their environment for future generations. This involves implementing practices that respect the land, water, and wildlife, which are central to the Dehcho way of life. The Dehcho Process advocates for a collaborative approach to environmental management, recognizing the interdependence of Indigenous rights and ecological sustainability.

  • Challenges and Opportunities

Despite the progress made through the Dehcho Process, several challenges persist. Negotiations can be complex and lengthy, often hampered by differing perspectives between the Dehcho First Nations, the Government of Canada, and the Government of the Northwest Territories. Bureaucratic hurdles, resource constraints, and external pressures from industry can complicate the dialogue. Additionally, the legacy of colonialism and systemic inequalities can create mistrust, making it essential for all parties to engage in genuine reconciliation efforts.

However, the Dehcho Process also presents numerous opportunities for positive change. The ongoing negotiations have raised awareness about Indigenous rights and the importance of respecting treaties. The Dehcho Process serves as a model for other Indigenous communities across Canada seeking to assert their rights and pursue self-determination. As conversations about reconciliation gain momentum, the Dehcho Process can contribute to the broader national dialogue on Indigenous rights and governance.

The Dehcho Process embodies the aspirations of the Dehcho First Nations for self-determination, cultural revitalization, and sustainable development. By engaging in negotiations that prioritize Indigenous rights, environmental stewardship, and self-governance, the Dehcho Process seeks to restore justice and promote a collaborative future for all inhabitants of the region. While challenges remain, the commitment to dialogue and reconciliation offers hope for a more equitable and respectful relationship between Indigenous peoples and the Canadian state. As Canada continues to grapple with its colonial past, the Dehcho Process stands as a testament to the resilience of Indigenous communities and their determination to reclaim their rightful place in the governance of their traditional lands.

Separation in Negotiations

Acho Dene Koe First Nation and the Fort Liard Metis entered our own negotiations following giving notice to depart the Dehcho Process negotiation and signing our own Agreement-in-Principle and Framework Agreement.

Since 2018, the current negotiations have no longer included the Fort Liard Metis but we continue to have a tri-party table that includes negotiations officials from Acho Dene Koe First Nation, Northwest Territories, and Canada. We are continuing the negotiating of a comprehensive Land, Resources, and Self-Government Agreement but since 2016 a public/inclusive partnership Indigenous government model.

The Framework Agreement to the negotiations was signed on July 14, 2008, and the Phase One Agreement-in-Principle was signed on February 5, 2014.

  • Link to the Agreement-in-the Principle and the Framework Agreement can be found on the Government of Northwest Territories Executive and Indigenous Affairs Public Affairs and Communications – Concluding and Implementing Land and Resources and Self-Government Agreements or via the following link - Acho Dene Koe First Nation | Executive and Indigenous Affairs

In February 2021, Acho Dene Koe First Nation formally notified Northwest Territories and Canada of its interest to move away from the phased approach and negotiate all subject matters within a comprehensive lands, resource, and self-government agreement. Our aim is to pursue a public/inclusive partnership Indigenous government that would represent all residents of Fort Liard and all Acho Dene Koe First Nation Band members.

The Government of Northwest Territories has stated that its obligations are outlined in an Aboriginal Rights Agreement. They have noted the need to consider the practical realities of implementing the Aboriginal Rights Agreement, including the resource and capacity limitations of the Government of Northwest Territories and the potential impacts on their ability to deliver programs and services.

Canada, Northwest Territories, and Acho Dene Koe First Nation have been negotiating provisions respecting governance along with other key features in a final agreement. Both Canada and Northwest Territories have respective negotiation mandates which are historically dated, and the Chief and Council of Acho Dene Koe First Nation passed a negotiating mandate in 2019 and renewed it in 2023.

The key features that are continued to be negotiated are interests in each of the following:
  • System of Governance
  • System of Justice
  • Harmonization of Laws
  • Economic Development
  • Culture and Language & Heritage
  • Health and Traditional Healing
  • Social Envelope Jurisdictions & Income Support
  • Intergovernmental Service Agreement
  • Social Housing
  • Adoption & Child and Family Services
  • Guardianship and Trusteeship
  • Wills and Intestate Affairs
  • Education and Training
  • Early Learning and Childcare
  • K-12 Education, Post Secondary Education, Adult Education
  • Student Financial Assistance
  • Gaming and Gambling
  • Liquor and Intoxicants
  • Instruction for the Interim Withdrawal and Selection Commissioner’s Land
  • Negotiating a Framework for Public Inclusive Partnership Indigenous Governments
  • Negotiating Instructions for Land and Resources.
The tripartite main table negotiations are advancing with bi-monthly meetings with the Governments of Canada and Northwest Territories. While the meetings are continuing to advance key subject items that will be required to be agreed to by all three parties to the agreement.

Key Challenges

As of March 2025
There are key challenges currently being faced in reaching agreement and they include the following:
  1. Adequate Capital Transfer Amount
In 2009, Canada proposed a cash value of $15 million, which we have argued is significantly low compared to other offers throughout Canada. We have presented several briefings to Canada advocating for our position that the agreement should involve a substantially higher capital transfer. Canada indicated in early 2023 that they would respond to our briefings by December 2023; however, we are still awaiting their response. Our argument highlights several issues with the original cash offer: it was based on an equal per capita calculation as applied to other Dehcho First Nations without considering population changes; it failed to account for inflation; there are gaps in comparability with other settlements; there has been a dramatic decline in land value since 2009; royalty revenues have significantly decreased since 2009; there has been substantial depletion of resources in our Traditional territory since the early 2000s; and there is a serious decline in the long-term potential for high-value resource development compared to pre-2009.
  1. Seeking Full Quantum
We are endeavouring to secure our entitlement to the entire land quantum offered by Canada, which comprises 6,474 sq. km of surface and subsurface areas. The Northwest Territories however maintains their position that they only agreed to the Agreement in Principle based on a footnote indicating that 1,500 sq. km of third-party interests exist on Acho Dene Koe lands. The Government of Northwest Territories asserts that they are negotiating for 4,574 sq. km. In 2021, we presented Canada with an option where the 4,574 sq. km would remain under negotiation, with the provision that third-party interest permits would not be eligible for renewal upon expiration, thereby reverting those lands back to the First Nation and additionally, we proposed that Canada provide us a cash settlement inclusive of an adequate capital transfer amount. The contention between us and Canada in 2021 centred around the calculation of suitable land value. We argued for valuing the land at its highest historical value from the late 1990s or early 2000s, adjusted for inflation, while Canada maintained that the valuation should be based on the signing date of the agreement, which is less than 25 years ago. Ultimately, we haven’t reached an agreement with Canada regarding the cash-in-lieu of land, therefore the issue of the full land quantum remains unresolved.
  1. Land Use Planning
We are working to integrate the land use plan for Acho Dene Koe into the Dehcho’s Regional Land Use Plan. This has been a challenging negotiation topic, with extensive discussions and it remains a key issue in current negotiations. Canada and the Government of Northwest Territories have maintained their stance that Acho Dene Koe was not authorized to develop a stand-alone Land Use Plan. They now also assert that there will be no separate section for Acho Dene Koe’s Traditional Territory within the regional Land Use Plan. Without adopting a unified approach to regional land use planning, it appears that reaching an agreement among the three parties will be difficult. For detailed information regarding negotiations in Northwest Territories, including the members involved from Canada, Northwest Territories, and Acho Dene Koe First Nation, as well as recent meeting notes and scheduled dates for upcoming main table meetings, please refer to our newsletters for publicly available details.