Thaidene Nene negotiator warns 'model of reconciliation' in jeopardy if law doesn't pass

The world is watching the Northwest Territories, warned a First Nations negotiator at the territorial legislature on Wednesday.

He's waiting to see what will come of 19 years of negotiations to create Thaidene Nene, a proposed park touted as what could become the most progressive protected area in Canada.

Steven Nitah is the lead negotiator for Lutsel K'e Dene First Nation on the project. Speaking to the Standing Committee on Economic Development and Environment, he gave a crash course on the history of Thaidene Nene, why it's important and what is standing in the way of its finalization.

What's in jeopardy? A model of an agreement that can be used by Canada ... of an example of what reconciliation looks like in this country - Steven Nitah, lead negotiator for Thaidene Nene

"The Government of the Northwest Territories has committed to creating a legal instrument by now … a legal instrument that will create the territorial protected area," he said.

"If that doesn't happen, if the GNWT doesn't create legislation to create Thaidene Nene, all the good work that's been done by my team, by your negotiation team, by Canada, and by Lutsel K'e is in jeopardy."

"What's in jeopardy? A model of an agreement that can be used by Canada, by the GNWT, of an example of what reconciliation looks like in this country."

Randi Beers/CBC
Randi Beers/CBC

Thaidene Nene is 26,376 square kilometres of land northeast of Lutsel K'e. Its core would be a national park, with a territorially protected area surrounding that. Nitah says Thaidene Nene would create a "conservation economy" in Lutsel K'e — the park reserve would create 18 jobs in the community, including eight full-time jobs.

According to Nitah, an establishment agreement and land transfer agreement with the federal government has been initialled, and is set to be signed next year.

The Lutsel K'e Dene First Nation timeline has Thaidene Nene finalized by next summer. If the territorial government doesn't start working to pass its portion of the legislation soon, it won't happen.

But that isn't the only thing that could potentially stand in the way of Thaidene Nene. On Dec. 10, Lutsel K'e Dene First Nation members will vote on the agreement.

"The decision lies with the members, not chief and council, not the negotiating team," said Nitah. "We are in the position now where we are comfortable in asking our members to learn about these agreements so they can make an informed decision."

MLAs support park

Every MLA in attendance expressed support for Thaidene Nene, but some expressed more optimism than others in the territorial government's ability to pass the legislation before the territorial election next fall.

Frame Lake MLA Kevin O'Reilly pointed his finger at cabinet, accusing ministers of stonewalling the legislation.

"I think we need to be pretty blunt here today," he said. "From what I hear, the problem is with our political leaders quite frankly, our cabinet, who don't seem to be supportive of conservation economy."

Sahtu MLA Danny McNeely also accused cabinet of putting a "roadblock" up in passing the legislation.

The Canadian Press/Mapbox streets
The Canadian Press/Mapbox streets

Tom Beaulieu, the MLA for Tu-Nedhe-Wiilideh, said he believes it can be done.

"I don't see anyone putting on the brakes on here," he said. "I think it'll go forward and I'm expecting we'll get an opportunity to review their legislation this spring and it should be passed in the summertime."

Representatives with the Department of Natural Resources also believe it can be done. A written statement from the department says officials are aiming to introduce the Protected Areas bill in the assembly's winter 2019 session, with the goal of passing the law by the end of this assembly.

According to Dorothy Westerman, a spokesperson for the territorial Department of Environment and Natural Resources, the government is seeking feedback on key aspects of the legislation until Oct. 26.