Debates of May 17, 2011 (day 9)

Date
May
17
2011
Session
16th Assembly, 6th Session
Day
9
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. Bob McLeod, Hon. Michael McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements

QUESTION 98-16(6): DEVOLUTION AGREEMENT-IN-PRINCIPLE

Thank you, Mr. Speaker. My questions are directed to the Premier and are in regard to my Member’s statement. It’s a crying shame that in this day and age we can’t sit down with our Aboriginal partners and come to an arrangement on the devolution talks. As I mentioned, this was an issue during the federal election and I believe it will be an issue during the territorial election. The Aboriginal assembly is coming up this summer. I’d like to ask the Premier if it’s possible to look at some mechanisms we can use to try to bring the parties to the table and try to find a mediation or mitigation to resolve this issue. Either go through arbitration or mediation to resolve this issue. My question is: what is the Premier doing to advance talks on devolution with the Gwich’in and other Dene governments, and trying to find a solution to our bypass?

Speaker: MR. SPEAKER

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

Thank you, Mr. Speaker. We are working to continue to try to improve the outlook as to Aboriginal participation in the agreement-in-principle stage. Since signing the agreement, we have corresponded with all of the leaders to have them come back to the table. I have also corresponded with them in that same communication about going into their region and communities to go over the agreement-in-principle, much like we did up in the Sahtu when we met with the community representatives of Deline, Tulita and Norman Wells. We’re awaiting the next response as to another meeting. I’ve just received correspondence from the Akaitcho that they would like me to be at their Assembly this summer to discuss a number of items. I hope at that point we’ll be able to address the issue of the agreement-in-principle.

The door is open. We have communicated. It’s pretty hard to have additional communications if there’s no response to that offer of meetings. We continue to have it out there. We continue to be open to requests to come into communities to go over that. One of the things we’re doing over and above that is the letter that will be going out soon on the work plan and inform all the groups of where we’re at, at that stage.

One of the issues that the Dene leadership have issue with is why does the federal government still retain one-third of the Norman Wells oilfield in which the Dene-Metis claim clearly identifies the Norman Wells Proven Area as their land claim package.

The other area of contention is this 5 percent cap that’s in place. I’d like to ask the Premier what areas the government is willing to push to improve the devolution package that would satisfy the concerns of the Dene governments.

On a couple of items that the Member has mentioned, he would be familiar since he was one of the negotiators both at the Gwich’in table and the Sahtu table that looked at that one-third ownership of the federal government in the Norman Wells oilfield. In fact, it was the Sahtu that agreed with an out-of-court settlement on that one-third ownership that has sort of set the stage for us.

We have continued, even in the initial discussions around Norman Wells, that that should be a part of the package. We continue to push that forward and would do so during the negotiations phase.

As for the 5 percent cap, let’s be really clear here, the 5 percent cap is not a piece of the agreement-in-principle. In fact, the 5 percent cap is involved in the formula financing big picture. All jurisdictions face some form of a cap.

The three territories are treated somewhat differently in trying to mirror the cap on equalization. That formula financing agreement is up for renewal every five years and we continue to address that through those discussions.

My question is: what will the Premier do to ensure that the government meets the obligations as set out in land claim agreements and ongoing negotiations on devolution?

Right from the earliest days of the first discussions between the Government of the Northwest Territories, the federal government and Aboriginal parties that established working relationships through the Aboriginal Summit and through the Intergovernmental Working Forum, through providing resources and dollars and people to help repair, in fact, I would say the agreement-in-principle is an example of those type of resources. That document was improved by Section 6 of the agreement that would put a government-to-government relationship and how we work together going forward in these matters. The language throughout the agreement talks about protecting the rights that are already established, that this agreement cannot take away from that.

We recognize that in a number of these areas in the claims there needs to be discussions. We’re open, we’ve offered, and we’ve asked them to be a part of the working groups and negotiations as we go forward. We cannot make them come to the table. Their choice. In fact, when you look at the signatories, it was at those tables that it was felt that the Aboriginal groups wanted a different process of signing the agreement and not to be as it came forward between the GNWT and the federal government. That was accepted and has gone forward on that basis. That’s also why we’ve included the additional process of having the parties come to the table throughout this process. It wasn’t a matter of you have to sign it to start it and you’re always out. The fact is, the door is open to come to the table.

I hope when we send out the correspondence on the work plan and they see the work being done, that will encourage them to come to the table and influence those discussions.

Speaker: MR. SPEAKER

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

Thank you, Mr. Speaker. On the last point that the Premier mentioned, the work plan, apparently you have only two Aboriginal groups developing a work plan, which you have six groups outside the table who have to follow a work plan developed by two groups that are going to have an impact on their region. I would like to ask the Premier how you explain the lack of Dene participation in the Devolution Agreement to the other parties and to other Canadians.

The process we have used has been open. It has been inviting to ask the groups to be a part of this. The two groups that are involved in this have signed the agreement-in-principle, and by signing that agreement-in-principle have taken their spot at the table. The table and chairs are waiting for the other groups to sign up to come in and affect those discussions.

Again, the door is open, the invite is there, and resources would be made available. In fact, this Assembly discussed the resources we require within Executive to help them in preparations for negotiations. So we’ve made offers, both formal in the sense of being at the table and resources that would help them in preparations for negotiations.

Speaker: MR. SPEAKER

Thank you, Mr. Roland. The honourable Member for Tu Nedhe, Mr. Beaulieu.