Debates of September 20, 2017 (day 77)

Date
September
20
2017
Session
18th Assembly, 2nd Session
Day
77
Members Present
Hon. Glen Abernethy, Mr. Beaulieu, Mr. Blake, Hon. Caroline Cochrane, Ms. Julie Green, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. McNeely, Hon. Alfred Moses, Mr. Nadli, Mr. Nakimayak, Mr. O’Reilly, Hon. Wally Schumann, Hon. Louis Sebert, Mr. Simpson, Mr. Testart, Mr. Thompson, Mr. Vanthuyne
Topics
Statements

Question 831-18(2): Nahanni Butte Court Injunction

Thank you, Mr. Speaker. This past winter a situation occurred when one of the communities that I represent, and we all heard it in the news, the Nahanni Butte Dene Band were doing some work on an old logging road. Unfortunately, the situation led to them being taken to court. Mr. Speaker, can the Minister of Lands explain what arrangements were made to have this injunction lifted? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Minister of Lands.

Thank you, Mr. Speaker. I can advise this House that currently there is no injunction in place because the Nahanni Butte Dene Band has stopped work voluntarily. The Government of the Northwest Territories did initially file an application for an injunction, but the matter was removed from the court docket by mutual consent and on the understanding that the band would not conduct any further work without a land use permit issued by the Mackenzie Valley Land and Water Board.

The matter may be brought back to court to get an injunction if the band begins work without the necessary permits in place. I won't be commenting further on the merits of the case, which might possibly be before the court again, but it appears that the two parties are working together through their lawyers. Thank you.

I thank the Minister for his answer. Can the Minister confirm if he spoke to the chief directly any time before or during or after this situation to discuss it and come up with a possible solution before it has to go to court?

This issue has been managed from the beginning by the regional office in Fort Simpson and the support from headquarters. The Member opposite will know that I was in the community in April and again in July and listened to concerns raised. I certainly heard the concerns of the chief and the SAO. I made no comment or made no negotiation with respect to this matter, which would been inappropriate, as the matter was before the court. Again, I think the matter has been dealt with by legal counsel on both sides.

I thank the Minister for his answer. I was actually quite disappointed that the Minister didn't actually talk to the chief before this got out of hand, but we're happy to hear that it's moving forward. With this situation taking place, has the department learned anything from this situation so we don't have to take a local government to court in the future?

The department is always learning from its experiences, and our strongest desire is to have voluntary compliance with our laws and regulations. We only go to court as a last result if all the measures have failed.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Nahendeh.

Thank you, Mr. Speaker, and I thank the Minister for his answer. Mr. Speaker, in speaking with the communities, they were talking about the permitting process and challenges they were having. Can the Minister commit to having his department work with the community to get the necessary paperwork done so they have a permanent place so they can do work in the near future?

The department does not issue land use permits in the Mackenzie Valley; that is, of course, the responsibility of the Mackenzie Valley Land and Water Board. I understand the department has provided assistance in the past to the band to assist with the necessary paperwork, and we would certainly be hoping to do so again, to provide that assistance so that the permitting process can be properly followed. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Nunakput.