Thank you very much, Mr. Speaker. I led off last week talking about a caribou issue and I’d like to continue with my support for the aboriginal communities and leadership with regard to that. I just wanted to ask the Minister of ENR about how he came to exert his authority over aboriginal treaty rights.
I’ve got in front of me here, Mr. Speaker, a portion of our Northwest Territories Act, which is actually federal legislation under subsection 18. The Commissioner in Council -- which references our Executive Council -- can make ordinances with respect to preservation of game, and as well as the same thing under 18(2), preservation of game in the Northwest Territories. However, under 18(3), Mr. Speaker, hunting for food: nothing shall be construed as authorizing the Executive Council to make ordinances restricting or prohibiting Indians and Inuit from hunting for food. So how can the Minister exert that kind of authority to restrict Indians and Inuit from hunting food under his powers? Can the Minister tell me that, Mr. Speaker? Thank you.
Thank you, Mr. Menicoche. The honourable Minister of Environment and Natural Resources, Mr. Miltenberger.
Thank you, Mr. Speaker. When you look at the act in its entirety, and I think section 16, as well, informs this particular issue. As well, there was an amendment made by an Order-in-Council change made in 1960, which added four species -- the barren land caribou, the muskox, polar bear and the bison -- to a list of being in danger of extinction, which was further translated to become operationalized through the Wildlife Act giving us that authority. Thank you.
Mr. Speaker, the Minister is acting on an Order-in-Council in 1960, Mr. Speaker. That is archaic. That is the middle of the last century, Mr. Speaker. How can he do that? The whole issue is that aboriginal court cases today in the current day here, Mr. Speaker, do recognize subsistence harvesting even if there are low populations in terms of the cod fishing in the east and the west coast. Once again, I would like to ask the Minister, I’m not questioning his ability to ban caribou, but I am questioning his authority to ban aboriginal people from subsistence harvesting. Thank you, Mr. Speaker.
Mr. Speaker, the reality for us as a territorial government, as Members opposite well know, many of our pieces of legislation, including the Wildlife Act, are very old and need an updating. Our Forestry Act is another act as a case in point. We are not prohibiting subsistence hunting. We are saying yes, the North Slave is a vast area where subsistence hunting is available. In this particular area in the middle, because of the particular herd that winters there, we want to protect that herd because the numbers are low, but there are other opportunities to hunt. We are fully prepared and willing to work and are, in fact, working with the aboriginal governments to take advantage of the other opportunities that are there recognizing the full right to subsistence hunting, not just Treaty rights but aboriginal right to harvest, because we also have many Metis as well that make use of that right as well. Thank you.
Mr. Speaker, I am still not clear on the powers that he does have to limit aboriginal subsistence hunting. He references an Order-in-Council from 1960 which also references muskox, polar bear and woodland bison which we do hunt, Mr. Speaker, so how can he pick one over the other? I think the case has to be made that the process in his decision-making is about protecting extinct animals, threatened species or endangered species, but he has never given the case to this House or anybody that that is what he is doing. He is only saying low numbers, Mr. Speaker. I would like to ask the Minister on what legal basis is he making this decision. Thank you.
Mr. Speaker, flowing from the Northwest Territories Act, of course, is the Wildlife Act, which another piece of antiquated legislation is being redone but still the tool that we have. It gives us the authority when you put all the pieces together to make those decisions when it comes to responding to conservation issues. Every land claim recognizes that fact. There is a clause in there that entitles the Minister, under very clear, unique circumstances related to conservation emergencies and safety issues, to be able to act in the best interest of conservation. In this case, we have taken that authority, looked at the numbers. We have extensive science to back it up. In the issue of preservation and conservation, we have made that decision. Thank you.
Thank you, Mr. Miltenberger. Final supplementary, Mr. Menicoche.
Mr. Speaker, like my colleague Mr. Ramsay said in his Member’s statement, we are going to end up going to court if this continues. We have the national chief of the Northwest Territories AFN as well probably looking at this legally. At the same time, we’ve got precedence setting court cases. We’ve got protection in our Charter rights, and even in our own NWT Act, Mr. Speaker, it says we cannot prevent aboriginal people from hunting anywhere, any herds. It is not about lifting a ban, it is about allowing aboriginal people to continue to do what they’ve been doing for hundreds and thousands of years, Mr. Speaker. Thank you.
Mr. Speaker, of course, we agreed we are not limiting or restricting or taking away any aboriginal right to harvest. We are just indicating there is a conservation issue and we have to adjust where we hunt to protect the herd. We believe we have the full authority when there are conservation issues that are emergency in nature, which we consider the Bathurst herd to be where the precipitous drop in numbers indicate to us that, if something isn’t done, that herd will in all probability cease to exist. That is the rationale. We have the legislation and we believe we have made the right decision. I would also point out that we have very strong support from the Northwest Territories Metis Nation and the North Slave Metis. The Tlicho Government has been in support of the intent to conserve and protect the herd. We have some unresolved issues with the Yellowknives. We are, I believe, in the process of and still talking towards sorting those out. Thank you.
Thank you, Mr. Miltenberger. The honourable Member for Mackenzie Delta, Mr. Krutko.
