Debates of March 23, 2010 (day 5)
MEMBER’S STATEMENT ON GNWT REFERRAL OF CARIBOU MANAGEMENT QUESTION TO THE SUPREME COURT
Thank you, Mr. Speaker. The decision to refer the question of the GNWT’s legal right to impose restrictions on the aboriginal people from the harvesting of caribou is not a good sign of consensus government. Regular Members should have been involved in the decision to refer this matter to the Supreme Court of the Northwest Territories. The legal right of the government to ban aboriginal people from caribou harvesting is a major question. The result of the court hearing could have serious implications not only for the caribou hunt but for the future discussions regarding aboriginal rights and how decisions are made in the Northwest Territories.
Referral to the Supreme Court is extremely rare. There has only been one other incident in the past 15 years in which the Minister of Justice referred to the Supreme Court of the Northwest Territories. The implications of that referral had much less direct impact on the people of the Northwest Territories.
Almost one year ago the Members of the Legislative Assembly reaffirmed our commitment to the principles of consensus government. We agreed, “except under extraordinary circumstances, Members of the Legislative Assembly should be aware of and have the opportunity to discuss significant announcements, changes, consultations or initiatives before they are released to the public or introduced into the Legislative Assembly.” Were these principles worth the paper they were written on?
The decision to refer the question about the hunting ban to the Supreme Court should have been discussed with the committee whether the referral to the Supreme Court was the best way to proceed. ENR has since reached an agreement with the Yellowknives Dene First Nation and are working on the details for the community hunt to take place soon. Chief Sangris has also agreed that the Yellowknives Dene First Nation and ENR need to work together on a long-term management plan for the Bathurst caribou.
The questions surrounding the ban on the caribou harvesting are controversial and divisive. We must deal with the issue with as much transparency as possible so that our people have the confidence in their leaders and that we are truly acting in the best interests of the people in the Northwest Territories.
Thank you, Mr. Yakeleya. The honourable Member for Nunakput, Mr. Jacobson.