New claims body

Page 12

The final product of a lot of work by Indian Affairs and Assembly of First Nations technicians reveals the fundamental clash of government and First Nation points of view.

Indian Affairs Minister Robert Nault sees the model for an independent claims body to be a major step forward. Some First Nations leaders see it as a major disappointment.

Former minister Jane Stewart championed the formation of an independent authority that would have the power to settle specific claims. Native leaders complained that Canada had set itself up as judge and jury regarding questions of whether Canada had stolen Native land. Canada was seen to be in a major conflict of interest. Stewart ran into a few bumps in the road when she approached Cabinet on this issue and several concessions have been built into the original plan. Shuswap Tribal Council chairman Art Manuel said the government doesn't get the point that any process where Canada has the final say just perpetuates the original flaw in the system.

"It's unequal. I've argued a new independent claims body has to be fair and equal with regards to all claims. The government's talking about "fair and transparent" instead of equal. They're changing the words a bit. They're talking about unequal treatment," he said. "You can't call it an independent claims body when a cap is put on the funding, simply because the body can't decide to a full extent what a claim is worth. Basically, that makes the body non-independent because it can't make an independent decision that this claim is worth $10 million and this group should get land and this amount. It's a very paternalistic kind of point of view that they're perpetrating under the auspices of being independent.

Nault said he's happy with the current model and so are many chiefs.

"The reality of it is that this independent claims body has a commission and a tribunal. It's got a cap with a three-year review to look at just how it functions. The cap is $5 million. Based on past claims that have been agreed to, that will probably deal with at least 70, maybe closer to 80 per cent of the claims that we've been dealing with. So the argument we're having with First Nation leadership- or whoever, I'm not sure because I have not had anybody respond in detail after over about a year since I put the proposal out there for this model that was basically identical to the model that we agreed to as a joint initiative between the AFN and the Department of Indian Affairs," he said. "We're committed. We've been committed to a fully functional ICB. I don't know where you're getting the spin that it's not independent. It is obviously necessary to provide independence and to provide a fair and timely resolution to claims. We're committed to that. I'm not sure where this is all coming from, except there are some-from British Columbia in particular, I understand -who are not supporting the independent claims body. It's surprising to me that they would have such difficulty with it."

He said any step forward should be welcome, and added that B.C. chiefs shouldn't try to derail the process.

Page 13

Northwest Territories drums up support for pipeline

Joan Taillon, Windspeaker Staff Writer, Edmonton

Northwest Territories Premier Stephen Kakfwi and others from his government attended the "Meet The North-Share the Vision" conference in Edmonton held April 9 to 11. The forum was an opportunity to discuss uniquely northern political and economic challenges.

Kakfwi, along with Minister of Resources, Wildlife and Economic Development Joe Handley and Resources Deputy Minister Robert McLeod, were there to promote the proposed Mackenzie Valley pipeline route as the best way to move Arctic gas to market.

Handley and McLeod met with Windspeaker April 10 to discuss why they believe the N.W.T. will get approval soon for its Mackenzie Valley pipeline application.

The group had just returned from Houston, Texas, where they discussed the same topc at the North Amerian Gas Strategies conference put on by the Ziff Energy Group.

They told the Americans that the territorial government is determined to get approval for its pipeline application, which will allow it to supply Mackenzie Delta gas reserves economically to North American markets. Handley said they spoke to a "knowledgeable" audience that was "prepared to talk about it."

Both Yukon and Alaska, however, are vying for the right to ship gas through their territories. They want gas from Prudhoe Bay, Alaska to be piped along the Alaska Highway, through the Yukon and through northern British Columbia. It is estimated that route would be three times as costly to build. If they get their gas to market first, however, it could devalue the price of gas and cut demand for N.W.T. gas.

The N.W.T. wants gas from Prudhoe Bay to be piped under the sea to the Mackenzie Delta, then piped up the Mackenzie Valley along with Canadian Arctic gas into Alberta. But the Alaskan senate is proposing Bill 14 to prohibit leases on state-owned "land" in the Beaufort Sea, which means Alaskan gas producers would not be able to use the Mackenzie Valley route to get their gas to market.

Handley said the key to the success of the N.W.T. proposal will be the partnerships formed with Aboriginal people, who are nearly all on side, unlike the other jurisdictions where the issue of the pipeline is more contentious.

"They're on side because our position has always been that we'll do this in partnership, not just (to suit the territorial government). It's going to be the territory, the Aboriginal governments and the federal government-let's work together."

The Aboriginal Pipeline Group got $500,000 from the territorial government and "have been working hard the past year to put together their business plan of how they're going to have an equity position in the pipeline- they'll be able to own a piece of it.

"So we have, I think, a much more positive, business-like approch in the N.W.T. than is the casein the Yukon, where the Yukon government sort of went on their own without ensuring that all the Aboriginal governments were on side."

That's true of the Yukon's Kaska Dene, who were opposed to an Alaska Highway pipeline, and vowed to fight the deal until their land claim is settled. They announced April 11, however, they were withdrawing lawsuits against the federal government, in exchange for Ottawa agreeing to resume land claim talks.

The federal government now says it will negotiate with Kaska communities in the Yukon and in northern British Columbia as one unit and will include the Kaska in talks and decisions on resource issues.

Handley said Yukon does not have the underground gas reserves the N.W.T. has, and neither Yukon nor Alaska can produce it as cheaply. The territorial government maintains the Mackenzie Valley route is shorter, flatter, and safer environmentally.

In his speech to the Texans, Premier Kakfwi said, "I pointed out to Mr. Chretien that the gas reserves in the Northwest Territories offer an important and viable alternative to developing the sensitive Arctic National Wildlife Refuge lands in Alaska."

Handley said the Americans at the conference also had heard President Bush's recent statement that ". . . it's important for us to . . . work with the Canadians to get pipelines coming out of the Northwest Territories to the United States . . . There's going to be a lot of areas where we can find natural gas in America other than (the Arctic National Wildlife Refuge)."

Handley continued, "At this time, given the California and southern states' situation with . . . shortages of gas, and the price of gas, and the quantity of gas . . . (the pipeline is) a key issue for us, especially with President Bush talking about a continental energy policy. . . . We probably have the biggest reserve of natural gas in Canada-we'd better be there."

|

Although the Canadian federal government has stopped short o endorsing either N.W.T. or Yukon at this poin, Handley said he was "very optimistic." He said Prime Minister Chretien's comments the previous Friday were "very positive and pro-development of Canadian gas, especially N.W.T. gas."

Handley said he also had talked with Minister of Natural Resources Ralph Goodale the previous week and was told Cabinet had set up an energy committee, "So I think even though we have been frustrated by the lack of federal response up to now, it seems that we have turned a corner there and that they're beginning to realize that this is big. We've been saying that for the past year-and-a-half." This is also the length of time his government has been working with the Aboriginal governments in the Northwest Territories.

Handley also said regulatory boards have been working for a year towards creating a single pipeline regulatory regime in the Mackenzie Valley in line with the requirements of the National Energy Board, the Canadian Environmental Assessment Agency, the Inuvialuit Final Agreement and the Mackenzie Valley Resource Management Act.

If the N.W.T. gets the go-ahead from the federal government, Handley said an environmental review, which will involve all the Aboriginal governments and land claim groups, could take two years.

"The one area that the proposed pipeline would have to go through where there is no [settled] claim is in the Deh Cho in the southwest corner."

But Deputy Minister McLeod added, "They're signing off on a couple of agreements on protection measures and land management."

They estimate two to four years to settle the land claim, but said the Deh Cho are "supportive" of the pipeline.

Doug Cardinal, a Deh Cho representative for the Aboriginal Pipeline Group from Hay River is reported as saying the group wants 51 per cent ownership of the pipeline to start, and to acquire ownership of all of it as they acquire the expertise to run it. Cardinal admitted that Aboriginal ownership isn't an issue along