Northwest Territories devolution officially takes hold

The Northwest Territories isgaining new province-like powers today.

Until now, the federal government has held on to decision-making power over lands, water and resources.

• Canada, N.W.T., sign historic devolution deal
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• Timeline | N.W.T. Devolution

Premier Bob McLeod remembers when most of the decisions affecting the territory were made thousandsof kilometres away.

"In some areas a clerk would have more authority and responsibilities than a minister in our own government," he recalls."Now with devolution, that's not the case at all."

The territorial government has been gradually taking on more responsibility. Health, education and social services devolved in the1970sand1980s. Negotiating the transfer of lands and resources took more than a decade.

McLeod says the deal isn't perfect, but he's pleased it's finally happened.

"It will be northerners making the decisions about the things that affect them the most," he says. "They'll control the breadth and pace of development, and that's how I believe it should be.We have a special attachment to the land and water, so we'll make sure we have balanced development."

The N.W.T. is following the path set by Yukon. Devolution of power took place in that territory 11 years ago today.

Nunavut continues to negotiate a devolution deal with the federal government.

Land, water and resources

The N.W.T. has a long history of gold and diamond mining, as well as oil and gas extraction.Devolution means the N.W.T. will start regulating those resources and the effects their extraction has onland and water.It will beresponsible for cleaningup any new contaminated sitesif companies go bankrupt.

The territory willcollect revenues from mining and resource development,expected to be about$60 million this year.Aquarter of those revenues will be shared directly with aboriginal governments. With hopes of nine newmining projects by 2020, that amount couldgrow, subject to a cap.

Five of the territory's seven aboriginal groups have signed on to the devolution agreement. TheDehcho and AkaitchoFirst Nations can still collect a share of the resource revenues, if they decide to support the deal.

Not everybody in the N.W.T. iscelebrating devolution, however. Bill C-15, the N.W.T. Devolution Actalso includeschanges to the Mackenzie Valley Resource Management Act. In one year's time, the four currentregional land and water boards are set to be merged into one controversial superboard.

• Aboriginal groups oppose N.W.T. Devolution Act

The Tlicho government, the governing authority in an area just northwest of Yellowknife, says theelimination of the Wek'eezhii Land and Water Boardundermines the Tlicho Agreementand it hasthreatened to go to court.

Act accordingly

Garth Wallbridge, anaboriginal lawyer in Yellowknife,says theTlichohave a case.He saysit rests on the government's constitutional "duty to consult" with aboriginal groups in regard to anything that may impact their land or treaty rights.

"You can't just consult, and the courts are very clear on this, you can't just have a bunch of meetings and be there and listen to what people are saying and then go do what you were going to do anyhow," Wallbridge says.

"You have to act accordingly to what the consultation, to what the results of that are. The argument in this case will be that consultation simply hasn't happened."

Peter Kulchyski, a professor of native studies at the University of Manitoba, says there could be serious consequences for aboriginal governments if the Tlichogovernment does not go to court.

"If it's not challenged you have the potential certainly for somedisastrousthings," Kulchyski says.

"If a majority of legislatures decide that they're particularly, so-called, open for business, and any kind of development in their view is good development, that puts the traditional cultures at risk."