Debates of February 19, 2009 (day 14)

Date
February
19
2009
Session
16th Assembly, 3rd Session
Day
14
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, Mr. Jacobson, Mr. Krutko, Hon. Jackson Lafferty, Hon. Sandy Lee, Hon. Bob McLeod, Hon. Michael McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements

QUESTION 164-16(3): GNWT CONTRACTS WITH GWICH’IN BUSINESSES

Mr. Speaker, as I noted in my statement that there was a meeting earlier today between the president of the Gwich’in Tribal Council and a couple of the leaders in Inuvik and also in Fort McPherson. Mr. Speaker, in my statement, I have never been so frustrated as I am today realizing that the Gwich’in people that I represent and the claim that I helped negotiate some 17 years ago, I hoped was really going to make a difference but yet, Mr. Speaker, it seems pretty obvious to me that this government is undermining everything that the Gwich’in Tribal Council has worked for for the last 17 years by way of establishment of its retail business, its rental space business, the aviation business that it is in in regards to the Discovery Air deal, a lost opportunity by way of the $34 million government loan, a construction of $100 million school in Inuvik where they ended up getting six loads of gravel to the job site.

Mr. Speaker, in Inuvik alone, there are $140 million worth of capital expenditure. Is this government in the business of putting aboriginal organizations such as the Gwich’in Tribal Council out of business?

Speaker: MR. SPEAKER

Thank you, Mr. Krutko. The honourable Premier, Mr. Roland.

Thank you, Mr. Speaker. I was a part of that meeting as well, as the Member has pointed out. Though there are some differences on some of the contracts that are being looked at and the projects that are in place, this government is not, for the record, undermining aboriginal rights and the processes that have been there. We have worked hard to come up with all the pieces. In fact, if you look at the implementation side of it, as I am aware, my last update is that there are no outstanding issues on the implementation side of the land claim. Self-government process is underway. That will continue to be underway and worked on. The projects the Member has spoken about, those initially were started as joint support from both aboriginal groups in the area. There is some dispute as to the actual authority whether it is a land claim or GNWT under the municipal boundaries of any of our communities involved. In that area, we are going to, as I committed to the president, put our information together on paper and share that with them and see where we can go from there. Thank you.

Mr. Speaker, again, as a government, why is this government having to take the position where groups have actually had to take this government to court to get their attention? Don’t you think it is easier if we can sit down, talk through our differences and if it comes to that, bring in an arbitrator? If we can’t get to that, go to family counselling because I think you definitely need it. Mr. Speaker, the Premier represents the Inuvik region where the Gwich’in Tribal Council is. You’d think, if anything, as the Premier and in his riding, that he would be consulting with the Gwich’in Tribal Council on a daily basis. What is the Premier going to do to avoid the possibility of a court case and work out the differences by way of consultation?

Mr. Speaker, the comment about family counselling, maybe we could all use that in the Northwest Territories in trying to come up with an approach forward. Realistically, Mr. Speaker, we have and we can put on record the many things we have done as a government started in previous governments honoured by this government in working with the aboriginal governments in the Northwest Territories. The MOU process is one that started with the Gwich’in is now expanding to other regions and will continue to expand as rights become more clarified. There are times, and unfortunately, there will be times when we will disagree on certain interpretations. At that time, yes, it may be a process that should go through arbitration but it is also up to the groups if they feel that is not an avenue they want to go with. Unfortunately, the courts are there and they will set absolute clarity for all parties. I would, as well as I mentioned to the president, prefer we try to work something out on coming to a common understanding. If we can’t do that, then we do have to look at other options out there. The process we have in place is the MOU through ITI and a contracts issue is still in place and our understanding is that they are going to renegotiate that process for a new one to come in place hopefully after March. Thank you, Mr. Speaker.

Mr. Speaker, yes, there is an MOU that used to work and which we find out today it doesn’t work. Also, in regards to the issues that I mentioned, this government has put forward a $100 million negotiating contract in Inuvik. Every negotiating contract has to be brought forward to Cabinet with a list of sub-contractors that are going to be used on that job site. There are companies working in Inuvik right now who weren’t on that original list. Again, that is a breach of our policies in government. In regards to the deal and in regards to Discovery Air deal, the $33 million deal, the government has made it clear, oh, sorry, we didn’t do a market disruption review because we didn’t think we needed one. Again, that is a breach of government policy. How can this government be trusted to work with aboriginal organizations that basically want to compete in the northern economy but yet are struggling with government decisions on that side of the House? Would the Premier do a review in regards to the issues that were discussed today and bring forth recommendations either by way of how Cabinet can resolve this issue or people in the field so we won’t be in the situation where we end up in court? Thank you.

Mr. Speaker, as I have said earlier, I committed to the president that I would have the appropriate paperwork and the process clearly put together so that we all have the same paper in front of us and go through that process together. There are existing agreements in place. The MOU is in place and was extended I believe and renegotiation has been committed to. The fact of the $100 million contract school was debated here in this Assembly with the infrastructure budget put in place and I believe information on the contract list was provided to members. If not, I will request that the Minister responsible provide that to the Member. Again, that project is actually just getting underway. There was a separate contract for the foundation work that was a public tender process. The other thing we do have to realize is if there is either negotiated contract request, that because there are two aboriginal groups in the region, that has to work. Now the dispute, Mr. Speaker, comes in when one says, well, the community of Inuvik proper belongs in a particular land claim agreement or the other. Our reference material shows the fact that the municipal boundaries, the community of Inuvik is Commissioner’s land and operate under the NWT Act and those agreements apply outside and around that within the settlement area proper.

We are going to put the paperwork together. The preferred approach is let us sit down and let us roll up our sleeves and come to an understanding. Where we can’t, then it is the arbitration process or further yet, as highlighted, court action. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Roland. Final supplementary, Mr. Krutko.

Thank you, Mr. Speaker. I believe one of the key areas of contention is the area around the office building in Inuvik. Again, there was a person in the field who basically made reference that they don’t want to get into a negotiated contract in regards to that office building. They are going to go public tender and it was said verbally to one of the community leaders. There was a meeting between the Premier and the Gwich’in Tribal Council leadership. There was a verbal understanding that the Gwich’in were going to negotiate that facility by way of a negotiated contract but yet, now we are already told the contract has been put out. Would the Premier seriously consider pulling that contract until you can work out the dispute with the Gwich’in Tribal Council and continue to move forward? Thank you.

Mr. Speaker, the issue of the office building as the Member has raised here was debated during the infrastructure budget process. It did come up again this morning. When we were up in Inuvik, the Minister responsible informed the leadership that he was at the stage of going out to a public RP process and informed them today that, in fact, did go out just recently. We would be looking at what options are available, but the simple fact is this process has been out there for quite some time. In fact, both organizations put in unsolicited proposals and neither was accepted at that stage. The government went out on its own proposal once before and that was for a lease option and there was no take-up on that proposal. It was felt that we needed to get moving. There were a couple of years in this process. That is why the department went for a design build approach and have gone the method they have. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Krutko. The honourable Member for Sahtu, Mr. Yakeleya.