Debates of November 3, 2009 (day 13)

Date
November
3
2009
Session
16th Assembly, 4th Session
Day
13
Speaker
Members Present
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, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements

MEMBER’S STATEMENT ON OUTFITTERS’ LICENCES HELD IN SETTLED LAND CLAIM AREAS

Mr. Speaker, I rise today on a matter of great importance to my constituents in the Sahtu region. Mr. Speaker, in June of this year I raised in the House the issue of the potential sale of Arctic Red Outfitters Limited and this government’s legal and moral obligations to honour the requirements of the Sahtu Land Claim. At this time, I question the Minister of Environment and Natural Resources about the proposed sale of the Arctic Red Outfitters and their right for first refusal for the licence that the people of Sahtu had pursuant to our land claim. Mr. Miltenberger committed to getting back to me on this matter, and he did so in written correspondence.

As Members may be aware, both the Gwich’in and the Sahtu land claim agreements provide that the respective organizations have the right of first refusal for granting of a new outfitting licence. These rights were given to the Gwich’in and the Sahtu people after many years of hard-fought negotiations, and these rights are constitutionally entrenched. They are important rights; not to be lightly ignored.

In this case, the company carried on business in both the Gwich’in and Sahtu area, and they have obligations to comply with the law in both geographic jurisdictions.

Mr. Speaker, the Minister subsequently wrote to me, confirming that the company in question was being sold and the company had been advised by the Minister’s regional staff of the need to honour the refusal rights under the Sahtu Land Claim Agreement. When I wrote and asked for more details, the Minister referred to the challenge of having dual rights of first refusal and two separate land claim agreements, and about how his department was going to review the requirements in this area so that a solution can be developed and implemented. To date, no one has approached the leadership of the Sahtu seeking the approval of the issuance of a licence which evolved in our region. This is in direct contravention of our land claim agreement.

Mr. Speaker, many months after the people of the Sahtu first heard about the proposed sale of the Arctic Red Outfitters, we are no further ahead of knowing that our land claim agreement has been complied with by this government. I appreciate that having the two land claim agreements both containing the right of first refusal can be challenging; however, this challenge does not eliminate the duty of the Crown to comply with constitutionally entrenched and constitutionally protected agreements. The fact of the law that can be challenged to comply is not an excuse for ignoring these legal requirements. The government has an obligation to respect these rights given to the people...

Speaker: MR. SPEAKER

Mr. Yakeleya, your time for your Member’s statement has expired.

Mr. Speaker, I seek unanimous consent to conclude my statement.

---Unanimous consent granted.

Thank you, Mr. Speaker. This government has an obligation to respect the rights given to the people in the Sahtu and their claim. The honour of the Crown demands no less. Mr. Speaker, at the appropriate time I will be asking the Minister questions about this matter. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Yakeleya, The honourable Member for Frame Lake, Ms. Bisaro.

MEMBER’S STATEMENT ON OUTFITTERS’ LICENCES HELD IN SETTLED LAND CLAIM AREAS

Thank you, Mr. Speaker. I, too, would like to speak to the question in regards to the outfitters in the Mackenzie Mountains and, more importantly, in the Gwich’in Settlement Area and the implications of the land claim agreement which clearly describes that any licences held in those areas, if they were up for sale, have to be offered to the First Nations groups in regards to first right of refusal for they have an opportunity to purchase or decide not to purchase or partner with someone else to purchase a licence.

In regards to the Arctic Red Outfitters, because of the time that was allowed, that opportunity to do a fair comparison look at the possibility of requiring that licence and the cost associated with assets of that business in which you would have to travel to the outfitter’s base camp, which is the headwaters of the Arctic Red River which, again, was in the springtime.

Again, Mr. Speaker, the alarming part of the process that just took place is that the licence which was basically being purchased was purchased by a majority of those directors who are Americans in regards to people who are living in Utah who basically have purchased licences who are millionaires who can afford to make this decision and have a front man in regards to how you purchase a licence.

I think that the legislation this government has in place is flawed. It has to be overhauled and we have to ensure that we do not have systems where we have a major land area which is being managed and controlled by people outside of Canada and, more importantly, that that opportunity should be given by way of opportunities to get into the tourism business, the outfitter business for the aboriginal people in those regions so that they can take advantage of an economic opportunity which is in their region or on their doorstep. Again, Mr. Speaker, I believe it is important that this government clearly looks at this issue when we review the Wildlife Act, ensure that the wording in the agreement in regards to first right of refusal, management of species and ownership of these outfitter licences has to be looked at.

In light of the circumstances in regards to the situation we see with the Barren Ground caribou issue and the licensing aspect of that and, I think, more importantly, the effects of other species that we see going forward in regards to sheep, moose or even wolverine which we have to look at in regards to how these licences are being used.

Mr. Speaker, at the appropriate time, I will be asking the Minister questions on this matter and exactly where this government is going on this matter. Thank you.