News

The Gitxsan Treaty Office is continuing to push implementation of the Delgamuukw decision from an economic perspective in negotiations on the potential establishment of a new mine in the northeast area of the traditional territories near Thutade Lake.

On behalf of Wilp Nii Kyap, GTO negotiators and counterparts from four other First Nations reached a Statement of Understanding (SOU) with Northgate Minerals Corporation at the beginning of August regarding development of Kemess North, a proposed gold and copper mine.

The SOU outlines how Northgate, Wilp Nii Kyap, and the Takla Lake, Tsay Keh Dene, Kwadacha and Fort Connelly First Nations intend to engage in discussions around the mine development. The document also commits the parties to negotiate a consultation and accommodation protocol, a feature that was heavily stressed by the judges in the 1997 Supreme Court of Canada Delgamuukw decision whenever aboriginal rights are infringed. In the SOU, Northgate also agreed to contribute $250,000 towards a review by the five aboriginal groups of existing environmental data on the new mine development, the negotiation of the consultation and accommodation protocol and the cost of future meetings. The Carrier Sekani Tribal Council is administering the funds.

Since signing the SOU, Treaty Office staff developed draft consultation and accommodation procedures document which could guide Northgate and the five aboriginal groups (called the 5 Nations) in how they will negotiate the potential development of Kemess North. The procedures are similar to those in the draft Short-Term Forestry Agreement (see news story July 21) being negotiated by the GTO where consultation and accommodation measures are defined. These measures are currently being tested under the Gitsegukla Watershed Pilot Planning Project (see news story July 22). Signing the consultation and accommodation procedures draft document is on the agenda for a meeting between Northgate Minerals and the 5 First Nations scheduled for Sept. 14.

In order to analyze the impact of the proposed mine development on Wilp Nii Kyap and the other aboriginal groups, the GTO is commissioning a review of all planning documents developed by Northgate regarding the Kemess North project which involves using a natural body of water, Duncan Lake, as a controlled tailings pond. The adequacy and completeness of these studies will be assessed, strategies developed and responses developed to the documentation. At the same time, Northgate has entered into a joint environmental review of the Kemess North Project by the federal and provincial governments.

GTO staff have also provided a model where Wilp Nii Kyap and the Takla Lake, Tsay Keh Dene, Kwadacha and Fort Connelly First Nations could cooperate in setting conditions for natural resource companies, like Northgate Minerals, who want to conduct business that would jointly impact their territories. The proposed structure, called the Sustut Resource Management Authority, is similar to the model set out in the Gitxsan Oil and Gas Ayookw draft document (see news story July 20).