do so. Like the Kaska and Tłı̨ icho, the LKDFN have extensive experience in engaging with mining
companies, and have perfected their approach primarily through practice rather than policy. In 2011,
the LKDFN entered into a MOU with the Northwest Territories and Nunavut Chamber of Mines.136
Under the MOU an engagement approach based on LKDFN guidelines is to be promoted to member
companies. The LKDFN are also in the process of establishing a joint office with the Chamber of
Mines.
As with the Kaska Dena the LKDFN also continue to engage the courts in context where their rights
are under threat from mining projects. Together with the Yellowknife Dene First Nation, they took the
landmark 2011 Supreme Court North Arrow case which established that First Nations exploration
protocols and guidelines were a reasonable and robust approach for their engagement with corporations,
and that corporate refusal to engage on the basis of these guidelines could lead to denial of permits.
The LKDFN, along with the Tłı̨ icho and other First Nations in the region, have agreements with De
Beers, BHP and Rio Tinto in the context of the Snap Lake, Ekati and Diavik projects. However, they
point out that these were not negotiated from the more progressive position which First Nations have
developed in recent years, in particular following the North Arrow case. The LKDFN are also seeking
recognition of an area within their territories, which is known as Thaidene Nene, as a permanently
protected area, prior to the 2014 expiry of a moratorium which currently covers it.137
Tłı̨ icho Nation
The Tłı̨ icho Nation, are neighbours of the Lutsel K’e Dene. They hold a Land Claim and Self Government
Agreement, which was negotiated over a 12 year period and covers an area of 39,000 sq kms which
is held in fee simple.138 It is the first combined land, resource, and self-government agreement in
the North West Territories,139 and requires that companies negotiate Impact Benefit Agreements
Tłı̨ icho elders and youth, drumming and singing, during a university visit to present Tłı̨ icho research
interests. Photo: Ginger Gibson.
Making Free, Prior and Informed Consent a Reality
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