Territories’ new northern rights
In this occasional feature, the National Post tells you everything you need to know about a complicated issue. Today, 143 years after Northwest Territories joined Confederation, and more than a decade after negotiations began, a devolution deal was finall
Q What exactly has changed, now that this deal is signed?
A Nothing yet, and nothing will until it comes into force next year. It will not affect the Constitution, turn the territory into a province, diminish aboriginal rights, or affect land claim agreements or negotiations. But it is a major deal that will transfer authority over Crown land, water and resources to the territorial government and aboriginal groups. Actually, since no one owns water, the deal refers to “rights in respect of water,” and the ability to make laws to govern its use. Offshore resource rights, of critical concern in the Arctic, are not affected, but a clause requires negotiations on them to begin within two months of devolution coming into force.
Q Is there a precedent for this?
A yukon offers an active case study, having undergone a similar transition in 2003, and things are working well there. As darrell Pasloski, the yukon premier, put it this year: “For yukon, devolution has really meant evolution, bringing an autonomy and degree of self-determination that has helped us build one of the strongest economies in the country, lead in land-claims implementation and make meaningful contributions to the nation.” Nunavut, the newest of Canada’s territories, is next on the schedule, with a framework for negotiations already in place.
Q Is the deal likely to work well?
A There are fears workers in the sparsely populated territory might struggle to keep up with the increased workload. Also, though the deal is popular, it lacks universal support. Last month, former NWT premier Stephen Kakfwi criticized the new arrangement for lacking a democratic mandate, saying it is “fundamentally and morally wrong” for a few people to make such a big decision without a vote. The Akaitcho Territory government and the dehcho First Nation have not signed it. The vote in the territory’s legislature was 17-1 in favour, with Michael Nadli, a former dehcho grand chief, as the sole holdout. Lawsuits have been filed and withdrawn, and future challenges are possible. There was also a minor upset recently when the legislature started a new session, only to learn Ottawa has granted new licences on lakefront property around
yellowknife.
Q Financially, how much are we talking?
A Lots. Canada has set aside more than $25-million just for the costs of bringing devolution to reality and will hand over all Northern Affairs buildings, records and assets. It will provide the government of the Northwest Territories with $65.3-million annually to pay for delivery of transferred programs and responsibilities. The territory will then keep up to 50% of resource revenues, under a “net fiscal benefit” scheme, with any surplus being deducted from federal transfer payments, capped at 5% of its gross annual expenditure base.
Q How do you celebrate devolution?
A With prayers, drumming and a feast. In a ceremony at the Midnight Sun Recreation Complex in Inuvik Tuesday night, Premier Bob McLeod was expected to be joined by Bernard Valcourt, the federal aboriginal affairs and northern development minister, and leaders from five more aboriginal groups, to sign the deal. Also slated to attend was Floyd Roland, mayor of Inuvik and the former NWT premier who led the negotiations that led to the agreement-in-principle. “every day we delay, we lose over $165,000 of resource revenues … to the federal government,” Mr. Roland said, arguing for devolution before the legislature. “That is money we could put toward our hospitals or our children’s education, money that could directly benefit all people of the Northwest Territories. every day we delay means more decisions being made in Ottawa — not in the North. That is not what we want.”