Judge rules on some evidence in land use dispute between Kátł’odeeche First Nation and Métis groups

An ongoing legal dispute between a First Nation and Métis organizations over land use rights saw movement in the N.W.T Supreme Court.

In 2020, Kátł’odeeche First Nation (KFN) sued the territorial government, Northwest Territory Métis Nation, as well as Hay River Métis Government Council (HRMGC) and its president Trevor Beck, over the construction of cabins on KFN’s traditional territory.

What began as a dispute over what KFN calls “unauthorized” cabin construction has turned into a fight over historic land use and territorial rights. KFN is asking the court to prevent the HRMGC from hunting and occupying parts of its traditional territory.

Last week, a judge ruled that KFN can question the council over some evidence related to traditional use and occupancy of the Buffalo Lake and Hay River areas by Métis, before 1921.

Peter Redvers, who works in negotiations and consultation for the KFN, said in an email to CBC News that the HRMGC and Beck refused to provide proof of their historic land-use claims. 

Redvers says the First Nation will continue to push back on the Métis groups’ claims, and what he calls  “unsubstantiated assertion that the boundary of their historic traditional territory… extends to the west of Kátł’odeh and includes all of Ejıé Túé and Kátł’odeh [Buffalo Lake and Hay River].”

Steven Cooper, the lawyer for the Hay River Métis Government Council and Beck says last week’s ruling is procedural and not on the substantive matters of the case.

“It goes to an instance where essentially the two lawyers disagreed on how something should be resolved. It was put into the hands of the court and the court has now made a ruling,” Cooper said.

Cooper says both sides are still early in sharing records and evidence. He expects the case won’t be heard in court for at least another two to three years. 

In a statement to CBC, N.W.T. government spokesperson Chantelle Masson said the recent court decision does not directly involve the territorial government. She added that the territory will continue working with Indigenous government and organizations “to develop an approach for managing traditional use camps and cabins on public land.” 

Cooper describes the dispute as a family fight.

“What is really unfortunate about all this is that there’s the same roots, the same great-grandparents, the same great-great-grandparents,” Cooper said.

Cooper says shared land use could be a solution. He also says these sort of disputes happen in many parts of Canada.

“It’s not unusual to have these sorts of tensions between First Nations and Métis… the unique history of First Nations and Métis in this country make it fairly ripe grounds for these types of disputes,” Cooper said.