N.W.T. Mtis Nation, territorial government at odds over taxing cabins on traditional territory

The Northwest TerritoryMtisNation (NWTMN) is raising the alarm on their members being asked to pay property taxes on cabins located on unsettledMtisterritory, as they work towarda land claim settlement with the territorial government.

The NWTMNraised the concerns in a release sent to media on June 12.

"The IndigenousMtisMembers of the NWTMNhave a right to build and utilize traditional use cabins throughout the traditional territory of the NWTMN," the release reads. "This right has always been exercised by the IndigenousMtisMembers and our IndigenousMtisMembers will continue to do so."

Garry Bailey, the president of the NWTMN,sayshe doesn't believe it's fair for the government to be taxing cabin-owning NWTMN members, adding that he expects once theland claim is negotiated, the nation will have agreed upon areas where members can build cabins for traditional use.

"They're going right to these cabins and they're assessing them," said Bailey. "They've actually sent collections agencies after them now."

And if you have rights to harvest don't you have rights to shelter yourselves while you're doing it?- Ken Hudson, FortSmith Mtis Council president

The NWTMN remains in long-standing negotiations with the territorial government in an attempt to settle a land claim in their traditional territory, located in the N.W.T.'s South Slave region.

After signing a devolution agreement in 2013, the GNWT gained the responsibility to manage public land throughout the territory and the ability to benefit from land and resource revenue. Since then, it's been responsible for negotiating the outstanding land claim.

• NWT Mtis Nation has spent $30M and counting negotiating its land claim

The lack of progress of the file has Ken Hudson, the president of the Fort SmithMtisCouncil, asking for achange now, rather than later.

"These tax bills are in front of us now," he said. "The claim might be five years away. We don't want our people harassed and hounded for that length of time."

Hudson owns a cabin in the Thebacha area, and says he's receivednotices himself.

"I think my total is up to about $1,800 or $2,000now," he said, adding that he's refused to pay the taxes for about four years.

He says that he was one of the first people to be affected, because "I just happen to be accessible on the road system."

Disagreement oninterpretation

According to Todd Sasaki, a communications director for the territory's finance department,"all properties in the Northwest Territories including cabins, for traditional use or for other purposes," are assessed "unless specifically exempted in an Aboriginal rights final agreement."

Sasakiconfirmed theGNWTdoesn't believe theNWTMNhave an Aboriginal right to property tax exemptions, but that"certain exemptions may be negotiated and form part of a modern Aboriginal rights agreement," he said.

"TheGNWTalso believes that the taxation of cabins does not adversely affectNWTMNmembers ability to exercise their Aboriginal rights," he said.

Hudson disagrees.

"We're opposed to this because it's trampling on our Aboriginal rights," he said, adding that heuses his cabin for hunting and harvesting.

"If you have rights to harvest, don't you have rights to shelter yourselves while you're doing it?"

"We're trying to deal directly with the government and the department of finance to reason with them," said Hudson, explaining that the NWTMN haven't entered into specific taxation issues while negotiating their land claim.

"Negotiations on a Final Agreement are currently underway," said Sasaki."These Final Agreement negotiations provide NWTMN, Canada and the GNWT with an opportunity to clarify the nature and extent of any tax exemption associated with specific types of cabins."

In the meantime, the territorial government will continue to tax NWTMNcabin owners, to the frustration of Hudson and other members.

"If it has to be a negotiationissues at the negotiation table under our land claims, then say so, but withdraw the tax bills and negotiate with us before they start submitting tax bills to our people," he said.