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Organizations representing the Dehla Got’įnę, or Colville Lake Dene, say they are pleased with a recent ruling regarding Indigenous-led wildlife management in the Sahtu.
On Tuesday, the NWT Court of Appeal dismissed an appeal from the NWT government related to management of the Bluenose West caribou herd.
The territorial government had sought to overturn an order requiring the environment minister to reconsider a community conservation plan that would allow the Colville Lake Renewable Resources Council to manage all harvesting of the herd in the Sahtu.
In a Wednesday press release, the renewable resources council, Behdzi Ahda First Nation and Ayoni Keh Land Corporation said they welcomed the decision, which they said “emphasized the need for culturally appropriate conservation tools.”
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“This decision reaffirms the treaty’s co-management framework and honors the Dehla Got’įnę’s role as stewards of our area,” Chief Richard Kochon stated.
“Our plan is built on respect, reciprocity, and generations of Dene knowledge, which have proven effective in sustaining our lands and wildlife for thousands of years.”
The Bluenose West herd, which the Dehla Got’įnę say is essential to their cultural and economic livelihood, has declined in number in recent years. The herd was estimated at about 112,000 animals in 1992. The most recent estimate in 2021 was 18,440, the lowest number on record.
Court cases centre on treaty interpretations
The Colville Lake Renewable Resources Council began developing a community conservation plan for the herd in 2019, with the aim of replacing the territorial government’s tag and quota system or total allowable harvest.
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Former environment minister Shane Thompson rejected that plan, arguing the total allowable harvest was the only form of wildlife management permitted under the Sahtu Dene and Métis Comprehensive Land Claim Agreement.
After the Colville Lake Dene challenged that decision, the NWT Supreme Court ruled the treaty did not prevent consideration of the community plan and sent the decision back to the minister.
During an appeal hearing in October 2024, the NWT government further challenged the community plan, arguing that under the treaty, community renewable resources councils only have the authority to manage harvesting for members from their specific community rather than all treaty members within the Sahtu.
The appeal court disagreed.
“We invite the GNWT to recognize that the courts have now put any doubts about the authority of the [renewable resources councils] to manage our local areas to rest,” Joseph Kochon stated on Wednesday, on behalf of the Ayoni Keh Land Corporation.
“It’s time for the GNWT to stop fighting us about our rights and to recognize that we must work together as equal partners to ensure a sustainable future for caribou for generations to come.”
This week’s appeal court decision states that the treaty requires community conservation plans to be approved by both the Sahtu Renewable Resources Board and the environment minister. The board has yet to make its decision on the Colville Lake plan.
In a statement to Cabin Radio, the NWT government said current environment minister Jay Macdonald and officials from the territorial environment and justice departments “are working closely to review and assess the judgement and its implications carefully.”
