Why Do We Have A Land Claim?

Background
After many years of struggle, our aboriginal title and rights have been recognized by the Government of Canada to the extent that we have negotiated settlement.

Canadian Courts have also given recognition to our rights. The Courts in Canada have recognized that Indian People have a right to use and occupy land based on how long we have already lived on it. This is what is commonly known as “aboriginal title and rights” in Canadian law.

Canada took control of the Northern Territories from England in 1870. One of the conditions of this take-over required the Government of Canada to compensate all Northern Native People for its use of our land. This means that there is a Constitutional obligation to deal with the aboriginal title and rights of Indian People. A Constitutional obligation reflects the highest law in Canada.

Therefore, our Land Claim is based on what we know is rightfully ours as well as what Canadian laws also recognizes as ours to claim.

The Big Picture

First Nation of Nacho Nyak Dun negotiators, after many years of negotiations, have been able to put together the First Nation of Nacho Nyak Dun Final Agreement, sometimes referred to as a Final Agreement.

The principles in this Agreement have been fought over for a long time by the negotiators and will not change.

What are the Principles in the Final Agreement?

1. Aboriginal Title:

On settlement Lands aboriginal titles remains intact. On non-settlement lands aboriginal title is conditionally surrendered (released) to the Government of Canada.

2. Self-Government:

The Government of Canada and the Yukon Government agreed to full and complete Self-Government with the First Nation of Nacho Nyak Dun.

Self-Government also involves negotiating complete devolution, (transfer), of programs and services to the First Nation of Nacho Nyak Dun as well as providing for financial transfers directly to our First Nation on a five-year basis.

3. Land:

Settlement Lands equal 4,739.68 square kilometers. The First Nation of Nacho Nyak Dun has the right to manage and control Settlement Lands as provided for in the Final Agreement.

Existing third party interests can remain on Settlement Lands until existing rights or licenses expire. It is necessary, therefore, to control people’s access to those interests.

Since 1993 the First Nation of Nacho Nyak Dun has had a land claims agreement, a self-government agreement and an implementation plan. A financial transfer agreement was also signed with the federal government in 1993 which provides the money to run the First Nation government and its programs and services. Every five years the agreement is reviewed to ensure that enough money is being allocated to the First Nation to fulfill its obligation.

The First Nation of Nacho Nyak Dun Agreement includes 28 chapters, similar to the general headings in the Umbrella Final Agreement, but specific conditions related only to the First Nation of Nacho Nyak Dun are noted. The Lands and Resources Department of the First Nation of Nacho Nyak Dun has the primary responsibility for implementing the bulk of the agreement, including developing policy on tenure and management of settlement lands, determining access and right of access, co-developing policy on special management areas, carrying out land use planning and assisting in the development assessment process. The department also has the preservation and conservation of heritage values as a priority as well as water, forest, fish and wildlife, traplines, and non-renewable and renewable resource management. The rest of the agreement covers financial compensation, enrollment, taxation, economic development, resource royalty sharing, dispute resolution, implementation, and transboundary issues over areas claimed in the Northwest Territories. These sections are dealt with in various other departments within the First Nation.

The Nacho Nyak Dun First Nation continues to encourage the education of its young people in all areas so that they will be able to run the government and maintain cultural ties to the traditional territory.