LIIDLII KUE/FORT SIMPSON - The Dehcho First Nations has joined other Denedeh aboriginal groups in opposition of the territorial government's ban on caribou hunting in the North Slave region.

The ban, which came into effect on Jan. 1, created a no-hunting zone twice the size of New Brunswick, encompassing part of the Bathurst caribou herd's wintering grounds. Discussions about the ban dominated the Dene Nation leadership meeting in Fort Simpson from Jan. 19 to 21.

Dehcho First Nations' Grand Chief Samuel Gargan, left, and Dene Nation Chief Bill Erasmus examine some documents during the Dene Nation leadership meeting in Fort Simpson that focused on caribou. - Roxanna Thompson/NNSL photo

After two days of talks the leadership delegates, including those from the Deh Cho, voted unanimously to pass a resolution stating the ban on hunting barren-ground caribou should not apply to Akaitcho First Nations' members because.

During the meeting, delegates said their opposition to the ban is based on the fact it infringes on treaty rights.

"I'm not willing to give up my treaty rights," Dettah Chief Edward Sangris told the gathered delegates.

Chief Ted Tsetta of Ndilo echoed Sangris' comments, and recommended the Yellowknives Dene First Nation's traditional hunting area be kept open.

"As a hunter and a trapper, does the GNWT have the authority to take my rights away? I don't think so," Tsetta said.

"I will not back down on our treaty."

Although the hunting ban isn't on Deh Cho land, it still has an effect on the Dehcho First Nations and, in fact, all first nations in the country because it challenges treaty rights, said Grand Chief Samuel Gargan.

The treaties protect the first peoples' right to hunt and fish without disruption, he said.

"To interfere with section 35 rights is going a bit far," said Gargan.

The Deh Cho grand chief said he voted in favour of the resolution to remove the ban after adding an amendment to it. The amendment broadened the Dene Nation's options by stating if negotiations with the territorial government don't work the organization can use other methods to remove the ban, such as going to court.

Aboriginal and treaty rights and the effect the ban might have on them will be the primary discussion topic at the upcoming Dehcho First Nations' winter leadership meeting. The organization's staff and legal council will be ready to provide the leadership with information so they can make an informed decision, Gargan said.

Although treaty rights have to be honoured, Dene laws with respect to animal conservation also have to be followed, he said.

"Treaty rights don't matter if they're all gone," said Gargan, referring to caribou.

Dene law says hunters take only what they need from the land and using everything that is taken. In the past, hunters and trappers would only harvest in an area for a few years before moving somewhere else and allowing the original area to replenish itself. Different food sources were also used when one was low.

"All of the first nations have that option," said Gargan.

Liidlii Kue First Nation Chief Jim Antoine said he voted in favour of the motion to show support for the Yellowknives Dene.

"As a first nation in the NWT the only thing we have are our treaty and aboriginal rights to our lands," said Antoine.

The elders say Treaty 11, which was signed by their forefathers and representatives of the Crown, ensure Dene people continue to hold onto and care for the land as they had in the past. Liidlii Kue First Nation's position that their power and authority come from the people and the land, Antoine said.

"We have never given that power and authority to anybody," he said.

If the territorial government is assuming authority to confiscate meat in the Yellowknife area it could try to do the same in other areas, said Antoine.

Dene Nation Chief Bill Erasmus said the territorial government clearly acted prematurely by imposing the restrictions. The Dene Nation, he added, was willing to work with the territorial government to reach an agreement on caribou conservation and was close to one before the ban was imposed. The new resolution calls for the territorial government to meet with the Dene Nation to develop a long-term comprehensive plan recognizing the inherent rights of the Dene to hunt and their authority to design and implement solutions to protect the caribou for future generations.

Erasmus said he's confident the parties can come to an agreement.

During the meeting, delegates listened to a presentation from Gary Bohnet, the deputy minister for the Department of Environmental and Natural Resources, and Susan Fleck, the department's director of wildlife. Bohnet told delegates the department isn't trying to infringe on treaty rights.

"This is about a conservation issue to keep the Bathurst herd alive," he said.

A survey conducted in 2003 showed the Bathurst herd numbered approximately 180,000 animals. A 2006 survey indicated a decline in population to between 120,000 and 100,000. The 2009 survey suggested an accelerated decline, to approximately 32,000 animals.

"There used to be 10 times as many animals in the 1980s. This is why we're so worried," Fleck said.

The Wek'eezhii Renewable Resources Board, which manages part of the herd's winter area, was supposed to hold public meetings in January to make recommendations on the herd. The meeting was delayed first until February and now until March 22 to 26, which meant the recommendations wouldn't have been available until the spring when the winter harvest was already over, said Fleck.

Something had to be done for the winter and knowing where the herd stops, the area was made into a no-hunting zone. The hunting ban was designed as an interim measure for the winter while discussion about the herd continued, said Fleck.