Today I rise on an issue we’ve heard a lot about over the last couple of weeks: the area of consultation.
It’s a fundamental right. It’s also right to have come by the way of land claim agreements and court cases and court challenges. Mr. Speaker, I think it’s important to realize that we do have an obligation to consult, regardless of whether it’s through a legal case in the Supreme Court of Canada or a land claim agreement.
Mr. Speaker, I’ll read the definition that it’s the Gwich’in Land Claim Agreement, which says:
“‘Consultation’ means (a) the provision, to the party to be consulted, of notice of a matter to be decided in sufficient form and detail to allow that party to prepare its views on the matter; (b) the provision of a reasonable period of time in which the party to be consulted may prepare its views on the matter, and provision of an opportunity to present such views to the party obliged to consult; and (c) full and fair consideration by the party obliged to consult of any views presented.”
Mr. Speaker, the land claim agreement is clear. They do have these obligations clearly spelled out. It’s clear. I’ll read under economic measures, chapter 10, Division Agreement. Again, 10.1.3 clearly states:
“Where government proposes economic development programs related to the objectives…government shall consult with the Gwich’in Tribal Council. (b) Government shall meet with the Gwich’in Tribal Council not less than once every three years to review the effectiveness of programs relating to the objectives under 10.1.1.”
10.1.1 clearly states:
“Government economic development programs in the settlement area shall take into account the following objectives: (a) that the traditional Gwich’in economy should be maintained and strengthened; and (b) that the Gwich’in should be economically self-sufficient.”
Mr. Speaker, under another section dealing with forestry, under the forestry management section, those agreements, again, under section 13.1.10:
“Government may consult the Board on any matter which affects forestry and forestry management and shall seek the timely advice of the Board on the following matters: (a) draft legislation respecting forestry and forestry management including the fighting and control of forest fires; (b) land use policies or draft legislation….
Mr. Speaker, I seek unanimous consent to conclude my statement.
Unanimous consent granted.
Mr. Speaker, going on to the subsurface section of the agreement again, section 21.1.6:
“The Government of the Northwest Territories shall involve the Gwich’in in the development and implementation of any Northern Accord on oil and gas development in the Northwest Territories which is negotiated pursuant to the enabling agreement, dated September 5, 1988, between Canada and Government of the Northwest Territories.”
Mr. Speaker, 21.1.7:
“Government agrees to consult the Gwichi’in Tribal Council in relation to any proposed legislation which affects only the Northwest Territories or only Yukon and the Northwest Territories and which (a) regulates the exploration, development or production of subsurface resources in the settlement area; or (b) establishes requirements for subsurface rights issuance in relation to subsurface resources in the settlement area.
Mr. Speaker, the point I’m trying to make here is that as government, as individuals, the process of consultation is fundamental to whatever we do regardless of if it’s in the Legislative Assembly or through land claim agreements.
With that, I will be asking the Premier some questions in regard to consultation, especially in regard to the process of land claim agreements.
