Aboriginal Peoples and Devolution
Devolution is of particular interest to Aboriginal peoples in the Northwest Territories, who are among the most affected by land, water and resource development decisions. In addition, Aboriginal people are, or will be, major land owners in the territory through settled land claim and self-government agreements.
Signatories
- Government of the Northwest Territories
- Inuvialuit Regional Corporation
- Gwich’in Tribal Council
- Sahtu Secretariat Incorporated
- Northwest Territory Métis Nation
- Tłı̨chǫ Government
- Acho Dene Koe First Nation and the Fort Liard Métis Local #67
- Salt River First Nation
- Denínu Kų́ę́ First Nation
- Kátł’odeeche First Nation
A key feature of the Devolution Agreement is the establishment of an Intergovernmental Council to allow the public and Aboriginal Governments to cooperate and collaborate on matters related to lands and resource management.
Participation of Aboriginal Governments
NWT Aboriginal Governments have been active participants in devolution negotiations from the beginning.
Since 2001, Aboriginal Governments have received more than $8 million from the Government of Canada and the Government of the Northwest Territories (GNWT) to support their participation. The Dehcho First Nations have chosen not to participate or take funding for participation.
- 2000: Leaders from the NWT Aboriginal governments, GNWT and Government of Canada identify land and resources devolution as a priority at the first NWT Intergovernmental Forum.
- 2001: The Aboriginal Summit, GNWT and Government of Canada ratify a Memorandum of Intent, formally establishing their intention to negotiate the devolution of land and resources to the GNWT.
- 2002: First negotiations among the parties take place.
- 2004: The Aboriginal Summit, GNWT and Government of Canada sign a Framework Agreement establishing the scope of the negotiations.
- 2007: The GNWT and participating Aboriginal governments sign a draft Devolution Agreement-in-Principle (AiP). The agreement is not accepted by the Government of Canada. There is a break in the negotiations.
- 2010: Negotiations resume. Some Aboriginal governments that had signed the draft AiP now decline to participate.
- 2011: The Inuvialuit Regional Corporation, NWT Métis Nation, GNWT and Government of Canada sign the Devolution Agreement-in-Principle (AiP). Final devolution agreement talks begin with the signatories to the AiP.
- 2012-2013: The Sahtu Secretariat Incorporated, Gwich’in Tribal Council and Tłı̨chǫ Government sign the Devolution Agreement-in-Principle and re-engage in negotiations.
- 2013: Final Agreement signed.
- 2014: The Devolution Agreement comes into effect on April 1. Acho Dene Koe First Nation, the Salt River First Nation and the Denínu Kų́ę́ First Nation sign the Devolution Agreement.
- First Intergovernmental Council Meeting takes place.
- 2015: Kátł’odeeche First Nation sign the Devolution Agreement
Aboriginal rights and devolution
The GNWT’s commitment to Aboriginal rights has extended to every aspect of devolution negotiations. There has been a place at the negotiation table for regional Aboriginal Government representatives from the very start of negotiations, with funding to support their participation. Provisions recognizing and respecting treaty and Aboriginal rights, settled and future claims, and other Aboriginal interests can be found throughout the Devolution Agreement.
The Devolution Agreement explicitly states that it will not delay, impair or impede ongoing or future land claims or self-government negotiations and confirms that devolution will not affect already settled claims, as the Constitution of Canada protects these agreements. Devolution is about the GNWT taking on responsibility for managing public lands from the federal government. It cannot affect the authority Aboriginal Governments have or will have over their settlement lands and resources.
Devolution also cannot settle questions of Aboriginal entitlement and self-government. Those issues are the subject of separate negotiations between Aboriginal Governments and the Government of Canada, and in many cases have already been resolved through settled land claims and self-government agreements. The Devolution Agreement is entirely consistent and harmonious with these agreements. All modern NWT land claim agreements anticipate the transfer of public land, water and resources to the GNWT and state that nothing in them shall prejudice devolution or the transfer of these responsibilities.
Frequently asked questions
How will devolution benefit Aboriginal people and governments?
- More say in decisions about the use and management of public land, water and resources throughout the territory through a new Intergovernmental Council.
- More money for the territorial government to invest in projects that grow our economy, create jobs, and improve life in all NWT communities.
- More money for Aboriginal Governments to invest in community needs and government capacity.
Will Aboriginal rights be affected by devolution?
Treaty and Aboriginal rights are fully protected by the Constitution of Canada. Devolution will not and cannot change this.
What will happen with claims settled after devolution?
Devolution will not prevent the selection of land for future land claims and the federal government will retain the right to ‘take back’ devolved land for national interests, including land claim agreements.
Will devolution affect the amount of money offered as part of ongoing land claim negotiations in regions with unsettled claims?
No. Federal offers are based on a framework developed during the comprehensive Dene/Métis claim negotiations that preceded regional claims in the late 1980s.
Will devolution give the GNWT authority over settlement lands?
Devolution will not change the nature of settlement lands or the authority that Aboriginal Governments have over their own lands.
Do some Aboriginal Governments already receive resource revenues from public lands under their existing land claim agreements?
Yes. The Gwich’in, Sahtu and Tłı̨chǫ agreements provide a share of the resource revenues collected on public land in the Mackenzie Valley.
The resource revenues participating governments receive from the GNWT after devolution will be over and above any revenues they receive under federally negotiated treaties. For more information, see section: Resource revenue after Devolution.
Do land claim agreements obligate the GNWT and Canada to involve regional Aboriginal Governments in negotiations?
- All NWT land claim agreements state that nothing in these agreements shall prejudice devolution or the transfer of responsibilities from Canada to the GNWT.
- While NWT land claim agreements do not legally require that Aboriginal Governments participate directly in devolution negotiations, the GNWT welcomed regional Aboriginal Governments to become full parties to the negotiations.
- In the case of regional Aboriginal Governments who have not signed the final Devolution Agreement, the GNWT remains committed to working with them to ensure that their concerns and interests are addressed.