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'Huge victory' for North Slave Mtis Alliance in court battle with gov'ts, says president

A federal court judge ruled Thursday that federal and territorial governments failed to properly consult the North Slave Mtis Alliance while negotiating a land claim with another Mtis group in the territory.

Bill Enge says governments 'completely missed the point' in properly consulting his Mtis group

North Slave Mtis Alliance president Bill Enge says it's time for the federal and territorial governments to recognize and respect his group, and to include them in the consultation process. (CBC)

The president of the North SlaveMtisAlliance is celebrating after winning what he says is the most important court case in the group's historyagainst the federal and territorial governments.

A federal court judge ruled Thursday that both governments failed to properly consult the North Slave Mtis Alliance one of two existingMtisgroups in the N.W.T. while negotiating a land claim with the otherMtisgroup.

"This is a huge victory," said Bill Enge, the president of the North Slave Mtis Alliance.

"It allows the North SlaveMtis people to live and exist forever on the north side of Great Slave Lake, and assert our Aboriginal rights here forever."

The North Slave Mtis Alliance was not consulted enoughduring a land claim negotiation between the two governments and the Northwest TerritoriesMtis Nation two years ago, the judge ruled.

The negotiations included giving the N.W.T.Mtis Nation $69.4 million as well asrights to a large swath of land 25,194 square kilometres in the South Slave region.

Enge argued the Crown also intended, in a final agreement, toincludea clause in which anyone eligible to be a member of the N.W.T.Mtis Nation extinguishes their Aboriginal rights in exchange for the rights and benefits in the agreement that would include people in the North Slave and South Slave regions.

Engeargued that the wording of the clause could extinguish some North Slave Mtis Alliancemembers' hunting rights.

The Agreement in Principle was signed in July 2015.

"The Governmentof Canada completely missed the point about doing a proper ... claim assessment," said Enge.

Judge agrees

In an 80-page judgment, the judge agreed with the North Slave Mtis Alliance that the agreement was a direct threat to its members' Aboriginal harvesting rights, whichhave been recognized underthe 1982 Constitution Act.

"Canada also misapprehended the severity of the potential impact that a final land and resources agreement negotiated would have on the Aboriginal rights of the [North SlaveMtisAlliance]members," wrote the judge in the decision.

Enge said it's timefor both governments to recognize hisMtisgroup, and to"respect and to start negotiating" with them.

The judge ruled that no negotiation of a final agreement with the N.W.T.Mtis Nation can be concluded until the governments thoroughly consult the North SlaveMtis Alliance and accommodate their harvesting rights north ofGreat Slave Lake.

N.W.T. Mtis Nation president Garry Bailey says the court made a 'fair decision.' (Provided by N.W.T. Mtis)

The president of the N.W.T.Mtis Nation says the judge made a "fair decision."

"They deserve to be consulted, they hold Aboriginal rights," said Garry Bailey.

Bailey said he doesn't believe the ruling should slow down the process of achieving a final agreement.

"I don't think it should slow us down much at all," said Bailey. "We're all fighting for the same thing."

Clarifications

  • Further clarifications were made to this story to reflect the fact that some consultation with the North Slave Mtis Alliance did take place, and that the agreement-in-principle does not in fact include a clause extinguishing Aboriginal rights.
    Oct 30, 2017 4:37 PM CT

Corrections

  • An earlier version of this story incorrectly stated that the judge ordered a halt to negotiations. In fact, negotiations are continuing.
    Oct 20, 2017 10:56 AM CT

With files from Richard Gleeson