Debates of February 21, 2008 (day 12)

Date
February
21
2008
Session
16th Assembly, 2nd Session
Day
12
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, Mr. McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Hon. Norman Yakeleya.
Topics
Statements

QUESTION 143-16(2) Consultative Process and Land Claims Negotiations

Mr. Speaker, my question is to the Premier and also to the Minister responsible for Aboriginal Affairs. In regard to my Member’s statement on consultation, I read out different sections of the agreement. It’s very clear the government has an obligation to consult on specific matters, especially on economic measures, the subsurface rights section and also deal with forestry and other elements.

But again, the idea of consultation is not simply sending off a letter, and then if you don’t get a response in two weeks, that’s consultation. I think because of the issue of consultation, it’s critical that consultation basically works for both parties — that you have the time for it and people have the right to consult.

I’d like to ask the Premier, as a government, have we looked at our policies and procedures and ensured they fall in line with exactly what’s spelled out in the land claim agreements for consultation?

Yes. Through Aboriginal Affairs and Intergovernmental Relations we have begun the process. In fact, a document was tabled and made public on the consultation process. We’ve reviewed and put it out there to see if we can get some comment back from aboriginal organizations to meet the request for consultation.

As a department, we are, as well, getting a guide together for our employees and departments, so that when we discuss issues that may have an impact on Crown lands that affect aboriginal rights and treaties, it kicks into place a formal consultation process that we’re putting in place.

Mr. Speaker, the reason I was asked to raise this question is because there are things happening within this government by way of policy changes and program changes. But they are not going to the First Nations organizations who have land claims, who have specific rights with regard to modern-day treaties. The right to consult is also spelled out in a lot of court cases.

Mr. Speaker, there have been changes by way of policy changes, such as contracts in regard to time limits, which have basically been shortened. Again, that change, under the land-claim agreement — an obligation to consult is there.

I’d like to ask the Premier: as a government, are we ensuring that we are fulfilling that obligation and not simply sending out a letter and if we don’t get a response that’s basically consultation? As far as the legislation reads, that is not consultation.

Mr. Speaker, as I stated, we have a package together that we are going to use with departments to highlight when consultation is necessary and needs to be done, what steps would be required, and what is considered actual consultation. As well, we have to use the court cases that have been settled out there and have an impact, because that affects the way governments would consult with each other.

There also needs to be the recognition that consultation isn’t a one-way street. It requires both parties to come together. When it’s a specific initiative, when contact is made, there’s follow-up contact that continues to try to be had, but at some point decisions do need to be made. There’s a recognition in this process we’re developing of the requirement that the consultation needs to be created as a two-way street.

In regard to the aboriginal organizations, I know we had a process in regard to the Aboriginal Summit, which no longer exists. There are some major issues happening in the Northwest Territories.

We could touch on the Deh Cho Bridge, but I think we’re talking about the Tetlit’Zheh expansion; we’re talking about other big projects in the Northwest Territories. The pipeline decisions still have to come down.

I’d like to ask the Premier what exactly we are doing as a government differently from what we did with the Aboriginal Summit. Is there going to be such a forum, or a committee or a makeup of regional leaders in the Territories, to sit down with the Premier and also the Minister of Aboriginal Affairs to talk about issues that this government is doing so we can involve them in government-to-government relationships between our three levels of government in the Northwest Territories?

In fact, we have started a process between myself and aboriginal leaderships, as well as including the Deputy Premier. We’ve started a process. For example, shortly after the election in November, we were meeting with the regional aboriginal leadership. We’ve set up a process. We’re going to meet quarterly and discuss issues of concern between all parties.

In fact, I will be meeting with a number of the leaders. We’ve offered a meeting up actually next week. We’ll be following up with that meeting with those that can attend.

Speaker: Mr. Speaker

Final short supplementary, Mr. Krutko.

As a government we’re still doing work in regard to the devolution process — the Northern Accord, as it was better known in the past.

I’d like to ask the Premier: under the land-claim agreements it’s clear, I stated, that the government shall involve these aboriginal groups in those processes. I’d like to ask the Premier exactly how you are going to include those groups who have land-claim obligations for this government to involve them through the process of consulting or devolution.

The work that was done previously has incorporated a group. It was originally through the Aboriginal Summit, where a joint proposal was put forward to Canada on a devolution resource revenue sharing agreement. Since that day things have changed. The Aboriginal Summit is no longer in place.

I would use this avenue as an avenue to address what may be done if there’s a joint initiative we can establish to move forward and work with them on that basis. As well, from that basis, if there’s further direction on initiatives and work, or further information we need to get, we’re back to that process of dealing with the regional leadership, at our level, and sharing the information on different initiatives we’re trying to bring to a conclusion.