I move, seconded by the honourable Member for Mackenzie Delta, that Motion 4-16(2) be amended as follows: by deleting the words “international legal instrument” found in paragraph 6, immediately after the words “this declaration is now an,” and adding in their place the words, “aspirational document,” and further, that the last paragraph in the motion be deleted in its entirety.
A motion is on the floor. The motion is in order. To the amendment.
Mr. Speaker, I’d like to thank my colleague from Mackenzie Delta for seconding this motion. There is an interest on the part of the government to be able to support the motion and the intent of the motion recognizing the long history that the Member for Nahendeh has discussed by these amendments that don’t provide direction to government.
We believe, if it’s passed, then we’re in a position to have the whole entire Legislature aboard and vote in support of this motion.
Motion to amend Motion 4-16(2) carried.
To the motion as amended.
Mr. Speaker, I am in favour of the motion, as you know, being the seconder of the motion.
I think it’s important to realize that the political history as we’ve seen around the world in dealing with indigenous rights is now coming to the forefront of international law and also dealing with the constitutional rights of indigenous people.
I think in regard to Canada, under section 35 of the Canadian Constitution, a lot of these rights that are in the UN declaration are already entrenched in the Canadian Constitution, which identifies First Nations as a distinct group in Canada and recognizes their rights under their land claim agreement in regard to their ability and through self-government agreements to govern themselves.
The Canadian government.... The part that’s hard to understand is that they were involved in regard to the UN declaration committee for 20 years of drafting this resolution and developing it. Then when it came to the vote, they basically voted against it.
I think, as Canadians and as the Legislative Assembly of the Northwest Territories, we’re the first Legislative Assembly in Canada to basically recognize aboriginal people’s rights by way of establishing the statutory holiday of June 21st in regard to Aboriginal Day.
I think, as a government that represents some 50 per cent of our population who are aboriginal people, we realize the importance of working together to resolve a lot of these outstanding issues, regardless if it’s residential schools or unsettled land claims or self-government agreements, and also of recognizing treaty rights that basically flow from Treaty 11 or in regard to Treaty 8, which are in the Northwest Territories and came into force in the 1800s and 1921.
I think it’s important that we, as the Legislative Assembly, direct this government and the Government of Canada to reconsider. I think the United Nations…. From the number of people that have supported this declaration by way of 144 countries, this shows that the international community is behind this declaration and also with the decision, as my colleague Mr. Menicoche mentioned, that Australia, through their election, made a public apology to the First Nations people and now are in the process of reassessing their decision to endorse the declaration.
That’s what we’re asking the Government of Canada to do — reconsider their decision in light of what the rest of the world is telling us. But more importantly, through support of this resolution in this Chamber, it shows the rest of Canada that we do support indigenous people’s rights and support indigenous people’s ability to move forward in light of the geographical and cultural differences we have in Canada.
With that, Mr. Speaker, I will be supporting the motion.
I am in full support of this motion. When I was a city councillor a number of years ago, the city council of the City of Yellowknife approved a motion urging the Government of Canada to approve the UN declaration.
It is beyond my understanding why the Government of Canada has not approved this declaration. I believe they should. There are many principles in the declaration which are already a reality in the ways the Government of Canada treats indigenous people, so I don’t understand why they feel that they can’t sign on to this declaration.
There is an objection on the part of the Government of Canada which says something like, “It leaves too much open for interpretation and does not provide effective guidance regarding how indigenous governments might work with other levels of government.” I, unfortunately, can’t agree with that. I don’t feel that this document leaves much open at all.
Again, I want to state that the principles in the declaration are those which are already there in a legal and political environment sense. We are using those, so I have great difficulty in understanding the Government of Canada’s position.
As a member of the United Nations, I think that Canada, as a nation, should stand behind decisions that are made by the United Nations. The decision was made to accept this declaration, and I believe that as a country, we ought to honour that motion and the passing of that motion by other member countries.
That said, I am fully in support of the motion. I urge the House to give it unanimous approval.
I’ll go to the mover of the motion for closing remarks.
Mr. Speaker, to the amended motion.
We in cabinet agree with the principle of the amended motion as well as with the principles of the UN declaration.
One of the things we should recognize is that when you look at this work, in Canada itself and, in fact, in the Northwest Territories, as Ms. Bisaro stated, we already hold in high regard our relationship with aboriginal peoples in the country and again in the Northwest Territories. Look at the makeup of this Legislative Assembly. It’s just an example of the relationship we have with the people and the land here in the Northwest Territories.
We must recognize the work that has been done. The fact is that, here in the Northwest Territories, we now have a collegial government — self-government — that has been enshrined in the Constitution of Canada as well. So there is recognition, again, that Canada has taken steps and has been involved here in the Northwest Territories in helping settle land claims and self-governance as well.
We want to recognize that work and encourage it so we continue to head down that path. There are many more discussions that are occurring in the Northwest Territories that we’ll need to work together on and continue to build a relationship with First Nations in the Northwest Territories.
With that, Mr. Speaker, we agree in principle with this motion and, again, with the principle of the UN declaration. We’ll support this as we proceed.
I’ll go to the mover to motion for closing remarks.
I’d like to thank all colleagues in this House and the government as well for providing the amendment that they can truly vote on — this very important motion for aboriginal people, and continuing to move the notion that aboriginal rights has its place in all jurisdictions and all countries and states of the world.
Once again, in Canada it’s beginning here in the Northwest Territories, and rightly so. We’ve got a majority aboriginal population. It’s the right place to begin this process to help urge our Canadian government to get onside with this very, very important document passed by the United Nations.
Mr. Speaker, I request a recorded vote.
The Member is requesting a recorded vote. To the amended motion. All those in favour, please stand.
Mr. Ramsay, Mrs. Groenewegen, Mr. Robert McLeod, Mr. Jacobson, Mr. Beaulieu, Ms. Bisaro, Mr. Lafferty, Ms. Lee, Mr. Miltenberger, Mr. Roland, Mr. M. McLeod, Mr. Yakeleya, Mr. B. McLeod, Mr. Krutko, Mr. Bromley, Mr. Abernethy, Mr. Menicoche.
To the UN motion. All those opposed, please stand. All those abstaining, please stand.
The UN motion results. All those in favour, 17. Opposed, zero. Abstaining, zero.
Motion as amended carried unanimously.
Mr. Speaker, I seek unanimous consent to return to item 15, notices of motion.
Unanimous consent granted.
Motion 7-16(2)
Extended adjournment of
I give notice that on Thursday, February 21, 2008, I will move the following motion. I move, seconded by the Hon. Member for Thebacha, that, notwithstanding rule 4, when this House adjourns on February 21, 2008, it shall be adjourned until Thursday, May 22, 2008. And further, that any time prior to May 22, 2008, if the Speaker is satisfied after consultation with the Executive Council and Members of the Legislative Assembly, that the public interest requires that the House should meet at an earlier time during the adjournment, the Speaker may give notice, and thereupon the House shall meet at the time stated in such notice and shall transact its business as it has been duly adjourned to that time.
