Debates of February 28, 2017 (day 60)
Prayer
Ministers’ Statements
Minister’s Statement 145-18(2): Progress in Negotiating Land, Resources and Self-Government Agreements
Mr. Speaker, national interest in a new relationship with Indigenous people is at an all-time high across Canada. We welcome that interest, and we invite Canadians to look north for a successful model of how to do that. The Government of the Northwest Territories has decades of experience working in partnership with Aboriginal governments to promote the best interests of Indigenous and non-Indigenous residents. We already know how to share jurisdiction, while respecting each other's rights and responsibilities. Canada does not need to reinvent the wheel; we are happy to share our wheel with them.
For 42 years, the Government of the Northwest Territories has worked to establish government-to-government relations with Aboriginal governments. Our government is a party to all six settled agreements and continues to participate actively in ongoing negotiations. We are committed to the full implementation of settled agreements and we continue to strengthen our relationship with Aboriginal governments through formal mechanisms like the intergovernmental Memorandum of Understanding.
Mr. Speaker, the Government of the Northwest Territories made a commitment in its mandate to work to resolve outstanding land, resources, and self-government agreements during the term of our government. I would like to update Members and the public on the work our government is doing to fulfill that commitment. Concluding these agreements and bringing increased certainty to land and resource management in the Northwest Territories is one of the most important challenges facing the 18th Legislative Assembly. Over the last year, all parties have made renewed efforts to tackle the remaining challenges and finalize agreements. As a result, I am confident that the 18th Legislative Assembly will see unprecedented success in this area.
Last fall, negotiators completed a full draft of a self-government agreement-in-principle for the Sahtu Dene and Metis of Tulita. The parties are now in the final stages of reviewing and considering the approval of the draft agreement. I am hopeful that negotiators will be in a position to initial the draft agreement-in-principle in the coming months, leading to the signing of the agreement this summer.
Similarly, negotiators for the parties have also completed an initial full draft of a Gwich'in self-government agreement-in-principle. Consultations with other potentially affected Aboriginal parties are complete, and negotiators will be arranging to meet to address any final issues and complete a final draft of the agreement-in-principle. The parties will then be in a position to consider approving the agreement.
Mr. Speaker, negotiators for the parties have also completed a full draft of a self-government agreement-in-principle for the Sahtu Dene and Metis of Norman Wells. Each party is currently reviewing the draft agreement, and consultations with other potentially affected Aboriginal parties are expected to commence soon.
I am also pleased to report that, having only just signed the agreement-in-principle in July of 2015, negotiators for the parties are working on the last few remaining issues to complete a full draft of an Inuvialuit self-government final agreement.
Self-government negotiations with the Sahtu Dene and Metis of Colville Lake have also begun and are looking at innovative approaches to expedite the completion of an agreement-in-principle. Similarly, self-government negotiations have had a promising start with the Sahtu Dene and Metis of Fort Good Hope.
Final agreement negotiations with the Acho Dene Koe First Nation of Fort Liard and the Northwest Territories Metis Nation have reached the point where key decisions on the central aspects involving settlement lands and land quantum and the approach to governance are before them. We hope the flexible and innovative approaches developed by the Government of the Northwest Territories will help parties quickly move to completed final agreements.
Over the coming months, the GNWT will continue to work hard to ensure that the momentum at these negotiating tables, along with all others that have been progressing well, are maintained so that final agreements are concluded as soon as possible.
Mr. Speaker, while the Government of the Northwest Territories has seen success in several negotiations, other processes have not moved as quickly as we would like. To address some of the challenges, the Government of the Northwest Territories has been implementing a more flexible and adaptive approach to advancing outstanding land claims in the Northwest Territories. Recognizing that not all negotiation processes face the same issues or challenges, approaches have been identified for each of the Government of the Northwest Territories' ongoing negotiations. Where appropriate, new direction has been provided in an effort to reinvigorate and reinforce relationships.
Mr. Speaker, the Government of the Northwest Territories made a commitment in its mandate to establish a joint committee between Cabinet Ministers and Regular Members to share information and discuss approaches on the advancement of land, resources, and self-government agreements, as well as initiatives to enhance relationships with Aboriginal governments.
As Members are aware, the Joint Advisory Committee on Aboriginal Relations and Aboriginal Rights Agreements has been established and held its inaugural meeting this past October. We expect to meet again shortly, and I look forward to continuing to work with Members through this committee on this matter.
Mr. Speaker, an important aspect of our new approach was the joint appointment of ministerial special representatives for the Dehcho and the South Slave by myself and the Minister of Indigenous and Northern Affairs Canada, the honourable Carolyn Bennett. The two ministerial special representatives have been tasked to talk to all of the parties involved in negotiations in these two areas, including the Dehcho First Nations, the Akaitcho, and the Northwest Territory Metis Nation, and provide advice to myself and Minister Bennett on any issues or roadblocks that continue to stand in the way of settling claims in these regions. I am hopeful that the advice of the ministerial special representatives will highlight opportunities that will lead to breakthroughs and ultimately result in agreements. We are awaiting the final reports from both ministerial special representatives and expect they will guide us in both developing new flexible approaches and allow us to tackle new proposals that will put us back on the path towards agreements for these negotiations.
Mr. Speaker, our territory is built on partnerships and collaboration. A prime example of this occurred on September 1, 2016, with the Deline final selfgovernment agreement coming into force and the creation of the Deline Got'ine Government. This significant milestone was achieved by governments working together and resulted in a madeintheNorth model for implementing the inherent right of selfgovernment that follows the vision that the elders and leaders of Deline have held onto for many years. This model of governance is unique in Canada and reflects our commitment to develop new and innovative ways to implement Aboriginal rights.
Decisions about how the land and resources of the Northwest Territories are used and managed are central to the health of our communities, our economy, and our environment. Concluding these agreements is an essential step towards providing certainty on how land in the Northwest Territories can be used for economic development, conservation, recreation, and traditional activities. The Government of the Northwest Territories remains committed to doing its part to finalize land, resources, and selfgovernment agreements as quickly as possible, in a manner that is fair, balanced, and continues to promote workable and affordable agreements that respect Aboriginal rights. Thank you, Mr. Speaker.
Masi. Ministers' statements. Minister of Municipal and Community Affairs.
Minister's Statement 146-18(2): Western Canada Lottery and Sutcliffe Report
Mr. Speaker, I rise to provide an update on plans to move the operations of the Western Canada Lottery Program within government and the Department of Municipal and Community Affair's response to the Sutcliffe Report.
In April 2015, the department commissioned the Government of the Northwest Territories: Sport, Recreation and Physical Activity Review Report, also known as the Sutcliffe Report, to review the sector and provide advice on potential improvements. The Sutcliffe Report was tabled in November 2016.
The report included 18 recommendations for improvements. Of these, 12 were accepted, four were accepted with modifications, and two were not adopted. As part of the department's priority to strengthen relationships and improve communications with organizations and groups, we will be reviewing all of these recommendations with the appropriate partners. In addition, the department is actively working with our partners to respond to several of the recommendations through the development of a Northwest Territories Sport, Recreation and Physical Activity Policy.
This new policy describes how Municipal and Community Affairs can most effectively fund its partner organizations in sport and recreation with Western Canada Lottery funding beginning in 201718. We will also proactively support the objectives and priorities set territorially by the Legislative Assembly and nationally by the Canadian Sport Policy, the Framework for Recreation in Canada, and Active Canada 20/20.
In response to feedback received from our partners on the draft policy, Municipal and Community Affairs has agreed to support the development of an additional sectorwide policy which will describe in more detail the activity which will take place among the partner organizations to support the mandate goals and objectives of the Government of the Northwest Territories. Work to develop this sectorwide policy will begin in April 2017 and will support the development of the Northwest Territories Physical Activity Strategy, which is currently under development.
One of the other key areas of focus for the department has been moving the Western Canada Lottery Program into Municipal and Community Affairs. It is important to note that the department has committed to ensuring that all proceeds from the lotteries will continue to be directed towards sport and recreation programming. The department is close to the completion of a legislative proposal that will set in motion the legislative amendments required to enact this change.
Municipal and Community Affairs is working hard to ensure that the recommendations included in the Sutcliffe Report are incorporated into the business of the department and the way we support our partners in sport and recreation to the benefit of all residents of the Northwest Territories. To this end, the department intends to present a comprehensive update on the implementation of the recommendations and the Western Canada Lottery Program funding framework to the Standing Committee on Government Operations. Thank you, Mr. Speaker.
Masi. Ministers' statements. Minister of Justice.
Minister's Statement 147-18(2): Department of Justice Progress Report on Governance Access and Privacy
Mr. Speaker, our government has committed in its mandate to improve access to information and the protection of privacy, which includes taking a number of steps. Today, I would like to provide an update on this work, starting with information on the comprehensive review of the Access to Information and Protection of Privacy Act.
The main purpose of the Access to Information and Protection of Privacy Act is to make government departments and other public bodies more accountable to the public and to protect personal privacy. The act gives all members of the public the legal right to request information held by public bodies and to request a correction of their personal information. The legislation sets out when a public body may collect, use, and disclose personal information and when refusals to disclose records can occur. Finally, under the act, the NWT Information and Privacy Commissioner has the independent authority to review decisions that are made, including how a public body has collected, used, or disclosed personal information.
Since the act came into effect in 1996, there have been a number of changes in Canadian policies, practices, and legislation related to access to information or protection of privacy. Changes were made to the act in 2004 and again in 2005 to respond to issues that had been raised either in our Assembly, by the Privacy Commissioner, or by those who use this legislation in their daytoday activities. However, the environment in which our access and privacy regime operates continues to evolve, and it is clear that further changes are required to the act to respond to changes in technology and a variety of other issues.
In the initial phase of the comprehensive review of the Access to Information and Protection of Privacy Act, the Department of Justice conducted extensive research into access and privacy legislation in other provinces and territories and undertook a detailed examination of our current legislation. Based on this research and considering the issues previously raised, the department reached out to other government departments, public bodies, the Information and Privacy Commissioner, and the public to get their views. The results were consolidated in the What We Heard report, which was released last November. These results, along with our research, are informing the development of a proposal for amendments to the act. This proposal will be completed this spring.
Our mandate commitment to improve access and privacy rights includes the creation of a GNWT privacy framework. The purpose of this framework is to provide government departments with the tools and structure that they need to administer the privacy protections in the Access to Information and Protection of Privacy Act consistently and fairly. The framework builds on existing work, bringing together tools, practices, and policies that we already have.
This spring, in collaboration with other GNWT departments, the Department of Justice will complete the development of the framework. Once the framework and management programs are completed, they will be rolled out to all staff. Staff will receive training so they are aware of privacy requirements in the legislation and understand their role in protecting personal information.
The GNWT has also made a mandate commitment to create online access to information and protection of privacy training. This training is aimed at employees in GNWT departments as well as other public bodies. Upon completion of this short online course, staff will have a better understanding of the act, their obligations in relation to protection of privacy, the rights of residents to make an access request, and a number of simple steps that employees can take to protect the records and personal information they handle.
The Department of Justice currently provides this level of training face-to-face. The online course will not replace that training entirely, but it will make the information more accessible. It will also build awareness of privacy requirements in anticipation of more detailed training during the implementation of the privacy framework. The Department of Justice is currently testing this training, and plans to launch it on the justice website in March.
Before I complete my remarks today, I want to mention the GNWT Activity Report on the Administration of the Access to Information and Protection of Privacy Act. This annual report provides statistical information on the volume of access requests received by the GNWT departments, the timeliness of the responses, and other matters related to administration of the act. For those who are interested, the 2016 version of this report is currently available on the Department of Justice website.
Mr. Speaker, in closing I just want to say that progress on these initiatives is a strong indication of this government’s commitment to improving access to information and protection of privacy. I look forward to providing further information as these projects advance. Thank you, Mr. Speaker.
Members' Statements
Member's Statement on New Behchoko Sports and Recreation Complex
Merci, Monsieur le President. This past weekend I had the pleasure of playing hockey on the ice surface at the new Ko Gocho Complex in Behchoko. The WIMPs, or Weekly Improvement for Mediocre Players league, was invited to play a game on the new ice surface on Saturday evening with a team of young players from Behchoko. Special thanks to Dolphus Nitsiza and Chris Hunt for organizing the game. The WIMPS have been around since the early 1980s, and I am proud to say that I have been playing with them for 30 years. Yes, after 30 years I can still occasionally push the puck into the net, but more seriously, I say to young people, if you are still playing hockey at my age, that is a success story.
How about that Ko Gocho Complex in Behchoko? MLAs had a tour when we held a meeting in the community in January, but having tested the ice now, I can truly attest to its excellence. The original sports plex closed in 2007. Unfortunately, plans to renovate the building fell through. In 2013, the community voted in favour of borrowing $9 million for a new complex. With contributions from the Tlicho and federal governments and the diamond mines, construction on the new complex started in August 2014. The $15 million facility officially opened in November 2016. It is 50,000 square feet and includes a fitness centre, a youth centre, a kitchen, full gymnasium, ice surface, and offices. It employs 20 people. It hosts judo classes, movie nights, cooking lessons, and traditional sewing classes. The community is now positioned to host tournaments and events of territorial significance.
I cannot say enough good things about this facility and, quite frankly, it is the best all-in-one facility in the NWT. Congratulations to the chief and community of Behchoko for this fantastic facility, and I look forward to more opportunities to visit and play hockey.
I am pleased to say that I have no questions for the Minister of Municipal and Community Affairs today, but congratulate the department's efforts on supporting with this tremendous asset for the community of Behchoko and the whole NWT. Masi, Mr. Speaker.
Masi. Members' statements. Member for Yellowknife Centre.
Member's Statement on Fortieth Anniversary of Northern United Place
Mahsi. Mr. Speaker. Mr. Speaker, today I am going to talk about Northern United Place. Every day, hundreds of people walk its halls -- tenants in affordable housing, students in student housing and Aurora College classrooms, the staff of Yellowknife United Church, and residents from across the city who attend workshops, film screenings, meetings, and social events in the auditorium. Northern United Place is the heart of my riding, and in November the community came together to celebrate its 40th anniversary as a Yellowknife landmark.
Mr. Speaker, Reverend Jim Ormiston of Yellowknife United Church had a vision of creating a building that would serve the religious, housing, educational, and recreational needs of the growing community. He gathered support from the federal and territorial governments, and Northern United Place was built at a cost of just over $5 million and officially opened in November 1976.
The block of units that faces toward downtown provides 84 affordable housing apartments for people or families who earn less than $33,000 a year. Tenants pay 30 per cent of their gross household income on rent. Seniors are priority renters, along with people with disabilities. The people at Northern United often stay for years, even decades, because they are offered safety and community. The GNWT rented the commercial space that faces 54th Street, and that is now home to Aurora College.
Mr. Speaker, on the other side of the building, the YWCA of Yellowknife occupied the floors of the tower that face the main street. For 20 years they provided transitional housing and a shelter for women fleeing violence, along with their offices. When the Y moved out, 42 housing units were allocated to Aurora College for their students. The main floor on this side includes the United and Lutheran churches, church offices, and the public gathering spaces that Yellowknifers know well. Northern United Place auditorium is the go-to, affordable gathering place for the community. If those walls could talk, the stories of community service, volunteerism, citizen engagement, and democratic opportunity our ears would hear.
Mr. Speaker, Northern United Place has been well served by its board, especially long-time chair Larry Elkin. It maintains the balancing act among tenants that keeps Northern United economically viable. The revenue from the commercial tenant makes affordable housing possible for low-income individuals and families, as well as low-cost rental rates for the public spaces. Mr. Speaker, I seek unanimous consent to conclude my statement.
---Unanimous consent granted
Mahsi, Mr. Speaker. Mahsi, colleagues. Mr. Speaker, congratulations to the board that operates Northern United Place, and best wishes for many more years of serving the community. Yellowknife would not be the same without you. Mahsi.
Masi. Members' statements. Member for Yellowknife North.
Member's Statement on Unified Vision and Strategy for the Northern Territories
Thank you, Mr. Speaker. Mr. Speaker, historically speaking, Canada doesn't put a lot of thought into what the three northern territories want. Over time, there have been a lot of decisions made for us, as Northerners, by the Government of Canada. Often we are not asked and are not even included in the conversation. The recent moratorium on exploration in the Beaufort is an example of a decision made about our own back yard, in Ottawa, with no consultation with us.
Mr. Speaker, we have three things that attract the nation's attention:
Resources; our economic base and often seen as our contribution to the federation;
Governance; strong systems and capacity to self-govern in our First Nations communities and as a territory with new powers under our devolution agreement; and
Sovereignty; the "North." Its pristine land, fresh water, and crisp, clean air is iconic to the rest of the country and our national identity as "the true North strong and free,"
Mr. Speaker, I think in our relationship with the national government, we need to do better. We owe it to Northern residents to have a unified vision, our own priorities, and to articulate them clearly and strongly to Ottawa. We need to fight to have our vision respected and appreciated when the federal government makes plans affecting our region.
We need a northern vision that represents a clear, coherent approach to our vision as Northerners. We need to commit to the relationships, conversations, and decisions that support it. This is work that will take commitment and energy and people power from all five NWT regions, along with our sister territories and the federal government, to make happen.
From that vision, we can advance a comprehensive Northern strategy that will recognize the national need for sovereignty. It will reflect the needs of our people for expanding economic opportunity and promoting good governance. It will respect our treaties and the First Nation governments, language, and culture. It will prioritize health and our systems for caring for our children and our elders. It will provide opportunity to our young people to get a solid education and become contributors themselves to the vision and values we have created as a society. It will enshrine our respect for the earth.
Mr. Speaker the North we want will be a healthier, more secure, and prosperous land that will benefit all Northerners, but to get there our government has to be the lead on a unified vision for a new, sovereign, independent North. We have to take action to ensure that vision comes to life -- for the benefit of all Northerners and Canada as a whole. Thank you, Mr. Speaker.
Masi. Members' statements. Member for Kam Lake.
Member's Statement on Small Business Incentives
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Thank you, Mr. Speaker. Mr. Speaker, small business is the life blood of our community. My riding of Kam Lake is home to many entrepreneurs and is as diverse as it can be when it comes to Northern-owned and operated businesses. Even while much of our economy struggles, Yellowknifers are seizing their own opportunities to open new businesses with nothing but a dream and I imagine a good credit score.
Even though Kam Lakers and Northerners will grind and grit through difficult times with perseverance and resolve, it cannot be stated enough that that this government must give greater priority to building confidence in our economy through tangible support to our industries and real investment in Northwest Territories' small businesses. Many of my constituents are the owners of these small businesses and they need real reassurance that this government's focus in not based solely on the big corporations who run the mines, but equally on the local suppliers who keep the mines running.
In the recent budget address, the Minister of Finance spoke of the need to create an environment that supports innovation and risk-taking for Northwest Territories residents and businesses to build a lasting economy, as well as the need to support the expansion and diversification of the economy.
I agree almost entirely with these aspirations, but I would also like to inform my honourable friend across the aisle that innovation, risk-taking, and diversity already exist in our economy, but will deplete over time unless we invest immediately in the Northerners, who already exemplify these qualities.
Mr. Speaker, we can start now by implementing my continued suggestion of lowering the small business tax and fulfilling our mandate commitment to lower the taxes on small business. Why stop there by merely lowering it 1 per cent, Mr. Speaker? We could follow the suggestions of the Yellowknife Chamber of Commerce, lower it by an additional 2 per cent, or what our neighbours to the Yukon have pledged to do and eliminate it entirely.
Mr. Speaker, our businesses are looking for that tangible symbol of support, and I say now is the time to deliver on that commitment and lower the taxes once and for all. It's imperative to the economic health of the Northwest Territories that we do not lose pace with competiveness and ensure that we continue to be the best place in Canada's North to invest. Thank you, Mr. Speaker.
Masi. Members' statements. Member for Nahendeh.
Member's Statement on Hockey Tournaments in Nahendeh
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Thank you, Mr. Speaker. In the past two months, the community of Fort Simpson held three hockey tournaments. Starting January 20, three teams from Fort Simpson faced off against teams from Hay River, Fort Providence, and Deline during the 30th annual senior men's hockey tournament.
The fans got to see some amazing hockey, with an ultimate win for the Hay River Huskies over the team from Deline in the final. The Huskies played Fort Providence in the semi-finals. After 60 minutes the game was tied; overtime didn't solve anything, so both teams went to a shootout.
Mr. Speaker, the Deline Braves had a slow start to the tournament because of travel delays. Due to the delays, they had to forfeit their first round robin game, but made up for it over the rest of the weekend by winning all their games except the final game.
The third and fourth games saw two rivals playing against each other. It was a great game that saw the play go back and forth. In the end, the Nahanni Inn Flyers won the game 20 against the Fort Providence Bulls.
The next weekend, January 27-29, saw some of the finest women's hockey players come together to battle for the annual Moosehide Mammas hockey tournament. The tournament saw teams from Yellowknife, Fort Nelson, and Fort Smith duke it out with the Mammas. As the weekend before, the fans were entertained with some of the best women's hockey. After the round robin, the Mammas were in fifth place. The semi-finals saw Fort Nelson win against Yellowknife Blue, and Yellowknife White won against Fort Smith. The final game saw YK White beat the Fort Nelson lcehawks to win the tournament, with YK Blue winning the third place consolation game.
Mr. Speaker, with these two tournaments completed, you would think that the community, fans, and organizers would be happy with all the hockey they witnessed these two weekends. No, this past weekend the community and the two hockey associations decided that they should host the first Dehcho Old-Timers Tournament.
The tournament saw two local teams and a team from Hay River play a double round robin starting February 24, and the playoffs on Sunday. After the round robin was completed, Fort Simpson Nogha's team ended up in first place, leaving Hay River and the Fort Simpson Flyers to battle it out for the right to play in the finals. After all the smoke cleared, Hay River ended up winning the tournament.
Mr. Speaker, I am proud to say that each hockey group, including Minor Hockey, worked together to organize and run these tournaments. It was great to see the groups come together to offer three great events. Mr. Speaker, I seek unanimous consent to conclude my statement. Thank you.
---Unanimous consent granted
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Thank you, Mr. Speaker, and I thank my colleagues. I would like to say the fans were entertained with some great hockey, especially the Old-Timers Tournament, where they got to witness those young gentlemen skate their hearts out.
Mr. Speaker, I would like to thank all the sponsors, community and regional businesses, for their support. I would like to say a big thanks to the referees from Yellowknife, Hay River, and Fort Simpson, who did a great job at all three weekends. As well, to the rec staff and the groups that ran the canteen. A+ job. Mahsi cho, Mr. Speaker.
Masi. Members' statements. Member for Tu Nedhe-Wiilideh.
Member's Statement on Supports for Priority Hiring Candidates Under the Affirmative Action Policy
Marci cho, Mr. Speaker. Mr. Speaker, today I'll do a follow-up to questions that I had asked the Minister of Human Resources about Affirmative Action some time ago.
Mr. Speaker, in this budget, the government is planning to incorporate the Department of Human Resource into the Department of Finance. The Standing Committee on Priorities and Planning has expressed its concern that the newly amalgamated department will not ensure that proper attention is paid to human resources.
Mr. Speaker, the government must look at different, more innovative ways to deliver on the Affirmative Action Policy. I believe that all GNWT departments need to complete a human resources development plan to accurately plan for and track the hiring of Aboriginal people into the public service. The purpose should be to produce concrete, measurable improvements to get more Indigenous Aboriginal people into the public service and advance those who are already employed.
Mr. Speaker, we should be doing all we can to hire and advance these Priority 1 candidates. We should be giving them support and encouragement to get them on board and give them the opportunities for growth. Unfortunately, all too many Priority 1 candidates feel like they're applying for jobs for a foreign government.
For the implementation of the Affirmative Action Policy to be successful, the government should know, on a department-by-department basis, how many Priority 1 and Priority 2 candidates each department has, and the potential for those individuals to move into senior-level positions with the GNWT.
The government should know where each of its priority candidates lives, and design its Human Resource Development Plan with targets appropriate for each community.
Let's take Yellowknife, for example. We know that the Aboriginal people with Priority 1 status make up 18.5 per cent of the total workforce in the capital, yet the number of Indigenous Aboriginal people employed in Yellowknife is only 16 per cent. In order for the GNWT to be representative of the people it serves, it needs to increase priority hires in Yellowknife by 50 or 55 people.
Knowing this, the GNWT should be working to identify those in the public service who can be supported to take on jobs with greater experience, opening up more entry-level positions for new hires. This kind of analysis and planning should be happening on a community-by-community basis. Mr. Speaker, I seek unanimous consent to conclude my statement.
---Unanimous consent granted
Marci cho, Mr. Speaker. Mr. Speaker, Aboriginal people represent 50 per cent of the population in the Northwest Territories, yet only 31 per cent of the GNWT's workforce is made of Indigenous Aboriginal people.
The bottom line is that the GNWT must know its human resource numbers. It must know the potential for each and every Aboriginal employee currently in the workforce in order to maximize their talents, and it must take steps to welcome new Aboriginal people into the public service. Only then can we resolve the issue of Aboriginal people feeling like they do not belong in the GNWT. Thank you, Mr. Speaker.
Masi. Members' statements. Member for Sahtu.
Member's Statement on
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Thank you, Mr. Speaker. Over the past weekend, Yellowknife hosted the Indigenous Volleyball and Traditional Games for members who participated. In the Sahtu, we saw three or four teams. This is an example of the many programs offered by this government to the rural and smaller communities, and in reality you really see the smiling faces when the children are playing ball or Indigenous games down by the bay, and one realizes that there is true value to the programs offered by this government.
I also want to thank the chaperones from Tulita, Don Witle and Lawrence Meneco, for taking the preparation efforts and fundraising for this event, which comes annually, and to the discount fares of Air North. Colville Lake has seen a team, and you also should have seen the children's faces when they did come to this large centre here.
The many offerings that this large centre has to offer is another example of the smaller communities enjoying the freedom of some of these reduced efforts and programming to visit the pretty lights of Yellowknife and come to enjoy the many diners offered to the children and youth.
Having said that, I have come to realize the many programs that this government has to offer and come to realize that we continue to try to better run efficient programs, even though we are going through our budget deliberations on reducing our fiscal position. I look forward to deliverance of the programs offered within this year's budget. Thank you, Mr. Speaker.
Masi. Colleagues, I would like to draw your attention to the public in the gallery. We have Mr. Jim Antoine. He is a former Premier, former Minister, former Member for the Nahendeh riding. Masi for joining us. Members' statements. Member for Mackenzie Delta.
Member’s Statement on Aklavik Road Repairs
Thank you, Mr. Speaker. Mr. Speaker, repairs are required to maintain one of the main roads in Aklavik. The biggest road is falling apart due to riverbank erosion. Funding is the main thing needed. Some work has been done in the past, but more is needed.
Mr. Speaker, this community road is important not just to residents, but to the Northwest Territories. In 1912, the Pokiak and Greenland families founded the small community around a remote Hudson's Bay trading post on a bend in the Mackenzie River.
With the increase in the price of furs around the turn of the last century, small Hudson's Bay Company posts were springing up across our vast region, establishing many of the communities that many of our residents call home today.
Mr. Speaker, within 10 years of being established, Aklavik had an Anglican church, an Anglican mission, and became the Western Arctic headquarters for the Royal Canadian Mounted Police.
Air mail service arrived in 1929, when the famous Punch Dickins landed an airplane in Aklavik for the first time. In the early 1930s, the Mad Trapper, Albert Johnson, put Aklavik on the map in one of the most famous manhunts in Canadian history. The Mad Trapper's grave is prominently marked in the Aklavik cemetery and continues to attract significant interest to this day.
Mr. Speaker, at one time this busy little community had two hospitals, a Roman Catholic mission, a Royal Canadian Signal Corp station, and a small experimental farm that produced wheat, barley, and vegetables. It even had a small dairy herd.
Mr. Speaker, Aklavik has always had trouble with flooding and erosion. In 1953, the Government of Canada recommended moving the entire population of 1,600 people east to Inuvik. Mr. Speaker, I seek unanimous consent to conclude my statement. Thank you.
---Unanimous consent granted
Thank you, Mr. Speaker. Thank you, colleagues. By 1960, most of the people had gone, but some remained true to the community's motto: "Never say die." Mr. Speaker, once again, repairs are needed to build up areas of shoreline erosion that is threatening one of the main roads in Aklavik.
Mr. Speaker, we may ask: Is it worth it? When we consider all the things Aklavik has done for the NWT and for the Delta and all the things Aklavik is today, it makes sense to repair Bickish Road in the community.
Is it worth it, Mr. Speaker? Absolutely. Thank you, Mr. Speaker. I will have questions for the Minister of MACA later today. Thank you.
Masi. Members' statements. Member for Nunakput.
Member’s Statement on Federal Review of Laws and Policies Related to Indigenous Peoples
Thank you, Mr. Speaker. As part of Canada's commitment to a renewed nation-to-nation relationship with Indigenous peoples, Prime Minister Justin Trudeau recently announced a review of laws and policies related to Indigenous peoples.
A working group made up of six Ministers who have significant responsibilities for the relevant statutes and policies to be reviewed will examine federal laws, policies, and operational practices to help ensure the Crown is meeting its constitutional obligations with respect to Indigenous and treaty rights, adhering to international human rights standards, and supporting implementation of the Truth and Reconciliation Commission's calls to action.
The Minister of Justice and the Attorney General of Canada will chair the working group. The Ministers will work with Indigenous leaders, youth, and experts on various legal and policy questions relating to Indigenous peoples.
The group will develop a rigorous work plan and principles, which will reflect a whole-of-government approach to address all Indigenous peoples.
Mr. Speaker, this policy is important work to the Northwest Territories, where the majority of the Aboriginal population is Indigenous. We are negotiating and implementing land claim and self-government agreements and consulting with Indigenous governments as a first order of business when developing policy and legislation.
Mr. Speaker, the Northwest Territories can contribute significantly to the working group's goal of a complete renewal of Canada's nation-to-nation relationship with Indigenous Peoples. Thank you, Mr. Speaker.
Masi. Members' statements. Member for Hay River North.
Member’s Statement on Strategy for Revitalization of the Great Slave Lake Fishery
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Thank you, Mr. Speaker. Mr. Speaker, I usually stand up here and talk about what the government is doing wrong. The way I see it, that is my job. It is the job of the Ministers to stand up and talk about everything they are doing right. Mr. Speaker, today I thought I would give the government a break and actually celebrate the good work they are doing.
Yesterday, the GNWT released its strategy for revitalizing the Great Slave Lake commercial fishery in Hay River. It was unveiled by the Minister of ITI and the president of the NWT Fisherman's Federation. The unveiling was attended by local fishermen, both of Hay River's MLAs, and Town of Hay River councillors and representatives, representatives of the Chamber of Commerce of Hay River, the media, and local residents. The development of the strategy, which has been years in the making, has been a collaborative effort between the government and the Fisherman's Federation. The strategy forecasts sales to increase from about $1 million to $6 million over the five-year rollout, but that is just the beginning. If we consider the possibilities for secondary products, we could be looking at an industry worth tens of millions of dollars in the future.
I am usually not a fan of strategies or action plans, because I see them as an excuse to plan rather than to do. I am happy to say that I have seen the work that ITI officials are doing in the South Slave in conjunction with local fishermen, and although the strategy was just unveiled, the work is well under way. There is still much to be done, but I see sunny days ahead for the commercial fishing industry in Hay River and the NWT.
That is it, Mr. Speaker. No cheeky comments, just a bit of good news and a kudos to the department and my fellow MLA from Hay River. Thank you.
Reports of Standing and Special Committees
Committee Report 7-18(2): You are Standing for Your People: Report on the Review of the Members’ Conduct Guidelines
Merci, Monsieur le President. The Standing Committee on Rules and Procedures is pleased to provide its report on the review of Members' conduct guidelines entitled "You Are Standing for Your People."
It is a priority of the 18th Legislative Assembly to promote and ensure, to the greatest extent possible, a high standard of personal and public conduct for current and future Members. To that end, Motion 6-18(1) was passed on December 17, 2015:
Whereas the Members of the 18th Legislative Assembly are mindful that it is an honour and a privilege to serve the people of the Northwest Territories as legislators;
And whereas the trust and confidence the people have placed in conferring this office upon us demands the highest standard of conduct, integrity and honour;
And whereas Members are resolved to do our utmost to hear the voices of all our people; preserve our traditions and bridge them with new ways to build our future; provide legislation, policies and services for the good of the people as individuals, families and communities; promote the equality of all our people; distribute resources fairly and justly; and respect and honour our land and all its inhabitants;
And whereas Members recognize that we owe to this legislature respect as well as dedication to ensuring the integrity of our government and to earning the confidence of the people;
And whereas Members recognize that we owe to our constituents our best efforts at effective representation as well as accountability, honesty, fairness and courtesy;
And whereas Members recognize that we owe to the public a responsibility to work for the well-being of all residents of the Northwest Territories;
And whereas Members recognize that we owe to our colleagues fairness and respect for differences, and the duty to work together with goodwill for the common good;
And whereas, Members are resolved not to act, nor condone others to act, in ways which are dishonest or which exploit, slander or discriminate against others;
And whereas Members acknowledge a vision and a responsibility to improve the lives of our people and to act in creative ways to overcome the hardships which destroy life and hope and the human frailties which fall upon us;
And whereas Members are resolved to respect and abide by the laws of Canada and the Northwest Territories and will not act in ways which will violate these laws;
And whereas paragraph 75(a) of the Legislative Assembly and Executive Council Act provides that each Member shall perform his or her duties of office and arrange his or her private affairs in such a manner as to maintain public confidence and trust in the integrity, objectivity and impartiality of the Member;
And whereas past Assemblies have seen fit to adopt principles to guide Members’ conduct;
Now therefore I move, seconded by the honourable Member for Nahendeh, that this 18th Legislative Assembly formally adopts the Members’ Conduct Guidelines as appended and which forms part of this resolution;
And further that each Member of the Legislative Assembly shall sign a copy of the Members’ Conduct Guidelines before the Clerk of the Legislative Assembly, who shall make all signed copies available to the public through the Legislative Library and by posting signed copies on the Assembly website;
And furthermore, that this Assembly refer the Members’ Conduct Guidelines to the Standing Committee on Rules and Procedures for a comprehensive and public review, including a thorough examination of conduct guidelines from other jurisdictions, both parliamentary and non-parliamentary organizations, all relevant legislation, and the Rules of the Legislative Assembly of the Northwest Territories, and that the Standing Committee report back to this Assembly during the fall sitting of 2016.
The committee notes that the referral motion directs a review of Members’ Conduct Guidelines as part of a broader framework governing Members’ behaviour. The purpose of this report is to recommend ways to strengthen that matrix, and through it, public confidence in the Legislative Assembly. The committee held public hearings in Inuvik on November 29, 2016; Hay River on December 1st; and Yellowknife on December 6th, preceded by an interim report presented on October 25, 2016. The committee also solicited written submissions. Eight were received and posted on the committee’s webpage. The committee heard repeatedly that Members of the Legislative Assembly must set and live up to the highest standards of conduct, and be accountable and available to their constituents.
Members’ conduct and eligibility for office are regulated by a matrix of laws and the Rules of the Legislative Assembly. These include Canada’s Charter of Rights and Freedoms and the Northwest Territories Elections and Plebiscites Act, as well as the Legislative Assembly and Executive Council Act, the Assembly’s Oath of Office, Members’ Conduct Guidelines, Rules of the Legislative Assembly, standards set by the Assembly’s Board of Management, and authorities established through parliamentary privilege. While this sounds complicated, the various rules apply through the linear course of candidacy, membership in the Assembly, and after a Member’s term ends. This report generally follows that chronology.
Canada’s Charter of Rights and Freedoms provides that every citizen has the right to vote in elections for members of the House of Commons or Legislative Assembly and to “be qualified for membership therein.” The right to run for office may only be limited in ways justifiable in a free and democratic society. Court decisions to date show that such restrictions, when challenged, are carefully scrutinized to determine if they are absolutely necessary to ensuring confidence in the electoral process.
Within those parameters, provinces and territories set qualifications for candidates running for election. In the Northwest Territories (NWT), the Elections and Plebiscites Act, and the Legislative Assembly and Executive Council Act define who is an eligible candidate for election and who may serve in the Legislative Assembly.
Generally, a person is eligible to be a candidate if he/she is a Canadian citizen, is at least 18 years old, and has been a resident of the Northwest Territories for at least 12 months.
Current legislation disqualifies candidates or Members convicted and imprisoned as a result of a criminal offence; the disqualification ends when the term of incarceration ends. The disqualification does not include offences that do not result in jail sentences. Such matters fall to the Legislative Assembly’s rules, conduct guidelines, and use of parliamentary privilege to discipline or expel its Members.
The Elections and Plebiscites Act also includes a five-year prohibition of anyone convicted of a major election offence from being elected or sitting as a Member, voting, or holding office appointed by the Commissioner or Legislative Assembly. These offences include such conduct as voting more than once, intentional miscounts, knowingly making false statements about a candidate’s character, attempting to intimidate or compel a person not to run for election, and others. This prohibition is consistent with other Canadian jurisdictions, including elections for Parliament. It is a very significant prohibition, as it is a mechanism to ensure both the integrity of elections and public confidence in them. The five-year prohibition takes into account the typical four-year election cycle and the seriousness of violations of the public trust in elections.
The majority of public submissions to the committee argued that these restrictions set too low a bar for candidates for the Legislative Assembly, too low a bar for leadership of our territory. People accurately pointed out that in our system of consensus government there is almost no screening of candidates as is carried out by parties in other jurisdictions. In the Northwest Territories, anyone who meets the basic qualifications for candidacy must also present a nomination paper signed by 15 elector residents of the district. Our minimal requirements for candidacy make our elections very open compared to other jurisdictions, but can also result in candidates who would likely be screened out as unsuitable by parties in other jurisdictions.
For example, the Liberal Party’s national rules for the selection of candidates require them to sign and comply with a code of conduct, to answer a lengthy questionnaire, provide a credit check, documentation of criminal record (if any), and consent to extensive background checks. All candidates are subject to party approval.
A potential solution for this deficit in the NWT was offered at the committee’s hearing in Hay River, where a recommendation was made for an independent special committee to screen candidates, using set guidelines. A complementary option is for Elections NWT to require potential candidates to file information similar to what Canadian political parties require for candidates.
Another practice used by political parties is to require candidates to endorse a code of conduct covering the election period to the day a successful candidate takes his or her oath of office. This gap was identified as problematic in submissions to the committee, and Members agree. Implementation of these ideas would require amendments to the Elections and Plebiscites Act.
The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to provide that, during the election period, candidates declare compliance with a code of conduct including the duties to abide by the laws of the Northwest Territories and Canada; to conduct his or herself with honesty, integrity, and respect for others; and to refrain from actions that would upon election create or be perceived to create a conflict of interest as set out in section 74 of the Legislative Assembly and Executive Council Act.
Mr. Speaker, the next part of the committee’s report will be read by the honourable Member for Yellowknife Centre.
Masi. Member for Yellowknife Centre.
Mr. Speaker, some presenters to the committee pointed to jobs with higher standards, including requirements for criminal record checks, than those for candidates for our legislature. Others argued that anyone with a criminal record and who had not been pardoned should be denied the right to run for office for two to five years. Some suggested that only persons who had committed very serious criminal offenses should be subject to such a restriction, particularly those guilty of violent crimes. It was also recommended that persons convicted of criminal offenses involving violence or threats of violence against a person over whom the offender was in a position of “trust, authority, or intimacy” should be ineligible for office five years after completing their period of incarceration.
This advice was given with reference to epidemic levels of family violence in the NWT and its northern neighbours and high rates of crime in general. Some of this violence is the sad, long-term by-product of the last 200 years of our history, a history of colonization, and devastating outbreaks of influenza and tuberculosis, sickness, and alcohol addiction, suppression of culture and language, and residential schools rife with physical, sexual, and mental abuse. Healing has been held back by rapid changes in northern cultures, the historically transient nature of much of the non-Aboriginal population, lack of jobs in many communities, poor housing, and low educational achievement.
Our territory’s history is also one of transcendence, of harmony with the land and its lessons, and of determination to reassert Indigenous peoples’ rights and cultures. Visionary leaders have emerged and made remarkable contributions to a stronger, healthier NWT. For the past 40 years, a strong movement has grown to overcome addictions and mental health conditions born of a turbulent past and today’s social challenges. Today’s statistics show that this healing remains a work in progress across our society.
In a typical year, police in the NWT report more than 19,000 alleged Criminal Code violations, excluding traffic. While there are multiple violations alleged of some individuals, this is a large number for a population of 44,000. This figure includes approximately 2,500 reported assaults, about 200 of them sexual assaults. The rate of reported family violence is almost eight times the national average, exceeded in Canada only by Nunavut’s numbers. Notably, the numbers of official reported sexual assault allegations in the NWT is artificially low due to 30 per cent of complaints being judged as “unfounded” by RCMP, according to a recent investigation by The Globe and Mail covering the period from 2010 through 2016. The national average is 19 per cent. The rate in Terrace, BC, a northern community comparable in size and demography to Yellowknife, is 12 per cent.
Given the rates of violent crime in the NWT, what is the probability of being a victim at some point in one’s life? A five-year research project led by the YWCA found that intimate-partner violence “is pervasive and normalized” in the NWT. A map showing numbers of incidents reveals that intimate-partner violence is common in most of our communities and municipalities. In a 2007 survey by the NWT Bureau of Statistics, 88 per cent of respondents across the NWT were either very worried or somewhat worried about family violence in their community. The YWCA’s 2016 report, Hush Hush No More, documents the devastating impacts of this violence and the consequences of silence, and provides practical recommendations for change.
The NWT’s Chief Coroner has repeatedly called attention to the number of homicides involving domestic violence. Most recently in December 2016, Cathy Menard informed CBC News that four of five homicides in 2015 involved family or intimate-partner violence. “Whether I'm talking about homicides or suicides, family and domestic violence is part of a lot of our cases," Ms. Menard told the CBC.
In Canada, seven of 10 victims of family violence in 2014 were women and girls according to Statistics Canada’s General Social Survey, which also found that approximately three-quarters of all incidents of domestic violence are not reported. These are grave indicators of crisis in our society.
The YWCA and others suggest that the Legislative Assembly should lead “a departure from silence and a strong normative statement about leadership. We want family violence to become socially unacceptable. We want extended families to step in to stop violence and support their family members toward change, not silence or denial.” This is a clear call for help, a call for healing, a call for a healthier society in which families can prosper.
Committee members agree that violence, particularly family violence, is far too common in the NWT. Domestic violence causes family breakdowns and undermines communities; it is a tremendous burden on the victims and offenders. Family- and intimate-partner violence is a fundamental violation of trust -- the trust between people who most depend on each other. The damage to children who are direct victims or witness this violence is well-known and cyclical. Children from violent homes have higher risks of alcohol and drug abuse, post-traumatic stress disorder, and adult criminality. The damage often spans multiple generations, becoming a “fact of life” for far too many people.
On another level, family violence perpetuates and compounds historical wrongs, deepens societal inequities, and taxes our health and justice systems. Every Member elected to the Legislative Assembly hears a great deal about these issues from constituents and in carrying out their duties as Regular Members and Ministers, and must make decisions for the common good.
During the committee’s hearings, members of the public reminded us that there have been Members of the Legislative Assembly who had committed crimes. There is currently no impediment in law to anyone who has served his or her sentence to becoming a candidate, and this is generally the case across Canada. Some presenters to the committee also noted that a truly rehabilitated offender might be capable of exemplary leadership, and, if they became a candidate, their transformation should be assessed by the voters.
Once in office, an elected Member is subject to the Members’ Conduct Guidelines which require him/her, in part, to:
Hear the voices of all our people…promote the equality of all our people…respect our land and all its inhabitants…To the Legislature, I owe respect as well as dedication to my role in ensuring the integrity of our government and in earning, through my actions, the confidence of the people…To the public, I owe a responsibility to work for the public well-being of all residents of the Northwest Territories…I will respect and abide by the laws of Canada and the Northwest Territories, and I will not act in ways which violate these laws.
These guidelines clearly cover Criminal Code offenses, which include family violence and threats of violence. All Members of the 18th Assembly signed these guidelines upon taking office and unanimously agree that these standards must be met.
The committee heard that candidates for the Assembly should be held to similar standards. Such a proposal must pass legal muster as a justifiable limit on an individual’s Charter right to “be qualified for membership” in the Legislative Assembly. The committee proposes to meet this threshold by adding a reasonable and narrow qualification for candidacy for a five-year period, consistent with the length of current restrictions on those convicted of major offenses under the Elections and Plebiscites Act.
The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to include a five-year limit on eligibility for candidacy for anyone convicted of an offence of violence or threats of violence under the Criminal Code of Canada and who has not received a pardon or record suspension; and,
Where the offence was committed against a person over whom the accused was determined by the presiding judge to be in a position of trust, authority, or intimacy; and,
If applicable, that the limitation not apply to offences committed before the coming-into-force date of this amendment; and,
That a consequential amendment of section 6 of the Legislative Assembly and Executive Council Act ensure consistency of qualification of sitting Members and candidates.
The committee does not propose to retroactively apply the recommended limitation. While the limit may not deter any criminal offences, committee members feel strongly that no limit should be placed on the candidacy of a person as a result of offences committed before such a provision becomes law. Our report is focused on improving accountability into the future.
It was suggested during the committee’s hearings that a restriction of the type proposed may be discriminatory to Indigenous peoples due to their over-representation in the justice system. There is no doubt that a disproportionate number of offenders in the NWT are of Indigenous descent; it is another tragic consequence of northern history, outlined above. There are also allegations of racial bias in the justice system. However, no presenter at the committee’s hearings provided evidence showing that rates of domestic violence convictions are disproportionately higher among individuals of any ethnicity. No such statistics are readily available in the NWT or Canada. Domestic violence is an issue in our society as a whole and particularly in the NWT. It is the committee’s opinion that its proposed qualification for candidacy does not discriminate against anyone on the basis of ethnicity.
It is well-known that crimes involving domestic violence are heavily gender-weighted; those charged are predominantly male. According to RCMP G Division statistics provided to the Coalition on Family Violence men were charged in 1,897 of 2,316 or 82 per cent of cases involving domestic violence from 2008 through 2012. Note that these are the number of charges, not the number of individuals charged. However, this rate suggests that men are more likely to be affected by the committee’s proposed qualification for candidacy than women.
This is by no means evidence that the proposal is discriminatory; it is simply a fact that the offences in question are most often committed by men. Similarly, it is a fact that far fewer women than men run for territorial office; that only 10 of 60 candidates in the 2015 election were women; that the typical elected Legislative Assembly is comprised of two women among the 19 members. From these facts, one cannot conclude that the electoral process is discriminatory against women, although it may be, for various reasons. The committee is confident that its recommended qualification on candidacy would not result in an under-representation of men in the NWT electoral process.
Mr. Speaker, I will now ask the honourable Member for Tu NedheWiilideh to continue reading the committee's report.
Masi. Member for Tu NedheWiilideh.
Marci cho, Mr. Speaker.
Sworn oaths of office obligate Members to a standard of conduct. The Legislative Assembly’s oaths of office for Members and Ministers are set out in Schedule B of the Legislative Assembly and Executive Council Act. For example:
"I, (Member’s name), do solemnly and sincerely promise and swear that I will duly and faithfully and to the best of my skill and knowledge execute the powers and trust reposed in me as a Member of the Northwest Territories Legislative Assembly. So help me God."
Members’ and Ministers’ oaths are sworn before the Commissioner with due ceremony and gravity, generally with close family present, in a televised proceeding in the Chamber. This is an excellent practice that attracts considerable public attention; it can be better used to promote a high standard of conduct.
The committee recommends that a more substantial oath of office be adopted to increase Members’ focus and public attention to matters of conduct by linking the oath to additional duties, standards, and statutory requirements set out elsewhere. Newfoundland and Labrador’s Oath of Office is a good example, featuring specific links to the province’s Elections Act and the Assembly’s Code of Conduct. It is easily adapted for use in our system.
The Standing Committee on Rules and Procedures recommends that the Legislative Assembly’s Oath of Office be revised in Schedule B of the Legislative Assembly and Executive Council Act as follows:
I, (Member’s name) do swear (or affirm) that:
a) I am fully qualified to hold the office of Member for the district of ________ to which I have been elected;
b) I have not knowingly contravened the Elections and Plebiscites Act respecting any matter in relation to my election;
c) I will faithfully, to the best of my ability, perform the duties and responsibilities of my office and will not allow any direct or indirect monetary or other personal or private interest to influence my conduct or affect my duties in public matters;
d) I hereby affirm, subscribe to, and agree to follow the Members’ Conduct Guidelines (or Members’ Code of Conduct, if applicable) adopted by the Legislative Assembly. (In the case where the oath is sworn, add “So help me god.”)
Thank you, Mr. Speaker. Mr. Speaker, I will now hand this over to the honourable Member for Thebacha.