Tlicho Agreement - Annual Report of the Tlicho Implementation Committee: April 1, 2009 - March 31 2010

Lands:

The Tlicho Agreement provides the Tlicho with approximately 39, 000 square kilometres of land in a single block. The Tlicho Agreement applies to four distinct geographical areas. The first and largest is Monfwi Gogha De Niitlee. It is the traditional territory of the Tlicho, and where the communities of Behchokö (Rae-Edzo), Whatì (Lac la Martre), Gamètì (Rae Lakes), and Wekweètì (Snare Lake) are located. The Tlicho can exercise the majority of the rights set out in the Tlicho Agreement in this area. The second distinct area is called Wek'èezhìi and is located within Monfwi Gogha De Niitlee. It is a resource management area bordered by the settlement areas and traditional lands of neighbouring Aboriginal groups. The third area, which is also within Monfwi Gogha De Niitlee, consists of "Tlicho Lands" which are owned in fee simple^{Footnote 1}. Here, the Tlicho own both the surface and mineral (subsurface) resources. The fourth area, called Ezôdzìtì, is of historical and cultural importance. The Tlicho do not own this land and do not exercise any additional harvesting or management rights. However, Ezôdzìtì has been protected in the interest of preserving its historical and cultural importance to the Tlicho people.

Financial Compensation and Resource Revenue Sharing:

The Tlicho Agreement includes cash payments of approximately $152 million over 14 years and a share of annual resource royalties arising from development in the Mackenzie Valley.

Eligibility and Enrolment:

An Eligibility Committee and a registrar were established through the Tlicho Agreement to enrol those who were entitled to be registered as Tlicho Citizens as per the Tlicho Agreement. The Eligibility Committee was composed of four representatives from Tlicho and two from government. It was dissolved once the registrar was designated by the Tlicho Government (TG).

Economic Measures:

Under the Economic Measures Chapter of the Tlicho Agreement, Canada and the GNWT are committed to promoting the economic interests of the Tlicho, including support for the traditional economy, the development of businesses, the creation of training programs, and educational assistance to Tlicho Citizens. Furthermore, when the GNWT and Canada propose economic development programs related to the objectives of this chapter, they must consult with the TG. The Tlicho Agreement requires the governments to meet with the TG no less than once every three years to review the effectiveness of programs relating to the objectives of the Economic Measures chapter.

Self-Government:

Under the Tlicho Agreement's self-government provisions, the TG acquires the power to make laws over a wide range of matters affecting Tlicho lands and Citizens. Through further agreements with the territorial and federal governments, the TG has the ability to also design and manage programs that respect and promote the Tlicho language, culture and way of life.

The Tlicho Agreement does not govern the internal affairs of the TG; Chapter 7 (Tlicho Government) calls for the creation of a Tlicho Constitution and sets out the structure of the TG. In keeping with the principle of equal representation, Chapter 7 specifies that the governing body must include the Grand Chief, the Chief from each community government, and at least one representative from each Tlicho community.

Wildlife and Environmental Co-management:

The Tlicho Agreement provides for the establishment of two bodies to manage wildlife and the environment as institutions of public government. The Wek'èezhìi Land and Water Board (WLWB) has a mandate to regulate the use of land and water and the deposit of waste throughout Wek'èezhìi. The Wek'èezhìi Renewable Resources Board (WRRB) oversees the management of wildlife and habitat and makes recommendations about wildlife, forest, and plant resources and commercial activities throughout Wek'èezhìi. The Tlicho Agreement also provides for TG representation on the Mackenzie Valley Environmental Impact Review Board (MVEIRB). MVEIRB ensures that environmental impacts and the concerns of Aboriginal peoples and other members of the public are considered carefully during the assessment of proposed developments.

Dispute Resolution:

The Tlicho Agreement provides for the appointment of a Dispute Resolution Administrator (DRA) and a Deputy Dispute Resolution Administrator (DDRA). The DRA is responsible for maintaining a roster of mediators and arbitrators, appointing mediators and arbitrators, establishing rules for mediation and arbitration and maintaining a public record of arbitration decisions.

New Approach to Certainty:

The Tlicho Agreement provides certainty and clarity with respect to ownership and management of land and resources and to jurisdictional rights. This creates a more predictable decision-making environment and the potential to attract investment and economic growth. The TG has agreed that it will not exercise any rights outside of the Tlicho Agreement. However, should the TG find that it is entitled to a non-land right, such as a self-government right that is not mentioned in the Tlicho Agreement, the TG may approach government to negotiate for the exercise of that right.

Implementing Bodies:

The Tlicho Agreement provides for the establishment of a Tlicho Implementation Committee made up of representatives from the TG, Canada and the GNWT. Its mandate is to oversee, manage, make recommendations, and report on the implementation of the Tlicho Agreement, including funding levels identified in the Implementation Plan. The Financing Agreement that was signed between Canada and the TG establishes a Finance Committee. The Committee has the mandate to review the Financing Agreement and resolve any financial issues that may arise in relation to implementation.

Tlicho Government:

During the 2009-2010 fiscal year, Bertha Rabesca Zoe served as the TG's representative on the Implementation Committee.

The TG can be found online.

Government of Canada:

The Government of Canada is represented on the Tlicho Implementation Committee by Implementation Branch, Aboriginal Affairs and Northern Development Canada (AANDC). Implementation Branch serves as a liaison on implementation issues for management boards, the Tlicho, territorial governments, and other federal departments. During 2009-2010, Kimberly Thompson, Director of the Implementation Management Directorate for NWT/Yukon within the Implementation Branch, represented AANDC on the Implementation Committee.

More information on the Government of Canada and its departments, programs, and services can be found online.

More information about AANDC can be found online.

Government of the Northwest Territories:

The Department of Aboriginal Affairs and Intergovernmental Relations (DAAIR) is responsible for coordinating the GNWT's implementation activities under the Tlicho Agreement. It manages the allocation of implementation funds received from the Government of Canada and represents the GNWT on the Tlicho Implementation Committee. Scott Alexander, Director of Implementation within DAAIR, represented the GNWT on the Implementation Committee during 2009-2010.

More information about the GNWT can be found online.

More information about DAAIR can be found online.

Cultural Coordinator

Under Section 8 of the Intergovernmental Services Agreement (ISA), a Cultural Coordinator is to be appointed jointly by all Parties in order to advise them on how to use their respective powers in ways that respect and promote the Tlicho language, culture, and way of life. Each Party is responsible for one-third of the Cultural Coordinator's budget which, according to 2010-2011 funding allocations, will total $69,326.00 each.

Dispute Resolution Administrators

Pursuant to the Tlicho Agreement (section 6.2.1), a Dispute Resolution Administrator (DRA) and Deputy Dispute Resolution Administrator (DDRA) are to be appointed jointly by all Parties. The DRA and DDRA are to assist in facilitating mediation and arbitration between the Parties in accordance with the Tlicho Agreement. Nomination for the DRA appointment was approved in March 2009. The DDRA nominee was approved by the TG and GNWT and was awaiting approval by Canada. The term of appointment of the DRA and the DDRA shall be six years, with both being able to be reappointed.

Eligibility Committee

The Tlicho Agreement (section 3.2.2) stipulates that at the end of the initial enrolment period, the TG must designate a person or group of persons as the Registrar. The Registrar is required to maintain an up to date list of eligible Tlicho Citizens as well as provide publicly available information regarding enrolment eligibility.

Impact Benefit Agreement

Pursuant to the Tlicho Agreement (section 23.4.1), proponents of major mining projects that will have an impact on Tlicho Citizens must negotiate an agreement with the TG to conclude an agreement relating to the project.

Tlicho Assembly /Cultural Centre Status of Land

The current status of the land on which the Tlicho Assembly/Cultural Centre is situated does not reflect the intent of the Parties. During the negotiation of the Tlicho Agreement, the lands for the Assembly/ Cultural Centre in Behchokö were to be designated as Tlicho lands. However, when the Tlicho Agreement was ratified, the parcel was included as Tlicho community lands.

Health Canada Program Transfer

The TG has requested a change in the funding process for the delivery of Health Canada programs, such as Brighter Futures, Aboriginal Head Start and Prenatal Nutrition. The TG has indicated that it would prefer to receive funding directly from Health Canada for programming for its Citizens as opposed to the current funding arrangement which flows funding through the GNWT. Discussions between the TG and Canada have not been successful.

Board Funding and Appointments

The purpose of the WLWB is to regulate the use of land and water and the deposit of waste throughout Wek'èezhìi as described and legislated by the Tlicho Agreement and other related acts and regulations. The WRRB is the authority established to oversee the management of wildlife and habitat and to make recommendations on wildlife, forest and plant resources, as well as on commercial activities.

The MVEIRB conducts environmental assessments and reviews of development projects in the Mackenzie Valley. Each board is expected to prepare an annual budget, and board members are appointed on behalf of Canada, the GNWT, and the TG. In the case of MVEIRB, the Board also includes representatives from the Gwich'in, Sahtu, and Dehcho First Nations.

Tlicho Mapping Issues

In September 2009, it was found that metes and bounds description of the Monfwi Gogha De Niitlee boundary, as it appears in the Tlicho Agreement and the illustrative map of the same boundary do not match.

There are significant differences. Canada asked that this issue be addressed by all Parties as quickly as possible to achieve the clarity and certainty intended by the Tlicho Agreement.

Overlap of Monfwi Gogha De Niitlee and the Sahtu Settlement Area

In 2009, the Sahtu Secretariat Inc. (SSI) raised concerns with Canada regarding the overlap of the traditional territory of the Tlicho as recognized in the Tlicho Agreement (Monfwi Gogha De Niitlee) and their settlement area as recognized by the Sahtu Dene and Métis Comprehensive Land Claim Agreement.

Intergovernmental Services Agreement Review

The ISA^{Footnote 2} is an agreement between the TG, the GNWT, and Canada that establishes the Tlicho Community Services Agency (TCSA). The TCSA is intended to be an interim step in the development of self-government and is expected to evolve over time as the TG makes decisions about drawing down programs and services from the GNWT. The TCSA performs functions related to the delivery of education, health, and social services to non-Tlicho Citizens on Tlicho lands or in a Tlicho community and to Tlicho Citizens.

Environmental Assessment

There are still Indian Affairs Branch (IAB) lands in the Behchokö area that need to be transferred from Canada to the Behchokö Community Government. An environmental assessment is required in order to have the land legally transferred.

Financing Agreement Review

A Financing Agreement was signed between Canada and the TG that establishes a Finance Committee^{Footnote 3}. It has the mandate to review the Financing Agreement and resolve any financial issues that may arise in relation to implementation. In 2009-2010, the Financing Agreement was scheduled for review.

A Financing Agreement was signed between Canada and the TG which sets out the arrangement by which self-government funding will be provided. The Agreement also establishes a Finance Committee, which is mandated to review the Financing Agreement and resolve any financial issues that may arise in relation to implementation. In 2009/2010, the Financing Agreement was scheduled for review.