Debates of October 18, 2017 (day 2)

Date
October
18
2017
Session
18th Assembly, 3rd Session
Day
2
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 19-18(3): Northwest Territories Mineral Sector Review Report

Merci, Monsieur le President. My question is for the Minister responsible for mining. My statement described a recently released study that reviewed the NWT sector and compared it against international standards. The GNWT Commission Study says that we mostly failed or there is room for significant improvements. Can the Minister tell us when this study was completed and why it was released well after any of the public engagement meetings on the Mineral Resources Act? Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Minister of Industry, Tourism and Investment.

Thank you, Mr. Speaker. Mr. Bauer was hired as a consultant to assist ITI with pre-scoping interviews and benchmarking exercise for the Mineral Resource Act. That was done prior to us coming out with the Mineral Resource Act. Based on what we have heard from public engagement, the department decided to release its report. I think what it does is provide background information to add a more detailed discussion, was the request, and that's why we have put this report out there.

The nice thing about this report is it gives us a critical view of the current situation around the Mineral Resource Act in the Northwest Territories. One thing that I must say is that the report is based on his viewpoint, but I think it gives us a clear view of what can be changed and what should be changed in a Mineral Resource Act moving forward. Thank you, Mr. Speaker.

Thanks to the Minister for that, but I didn't actually get an answer about when it was completed. It is just very curious that they would hold on to this study until after all of the public engagement meetings were finished. As the government's discussion paper on the Mineral Resources Act is actually devoid of any presentation of alternatives, options, analysis, or even recommendations for change, it is very curious how this study on NWT mineral sector was released so late in the public engagement process.

Can the Minister tell us what studies or reviews his department has prepared for the Mineral Resources Act, and if those will be released as part of the public engagement processes?

The only other things that we have going on around the Mineral Resource Act is a comprehensive research on policy, jurisdictional scans, and best practices. That will assist in the development of the Mineral Resource Act moving forward.

Thanks to the Minister for that. This other work that is being done, why is it not being released now so that we can actually a meaningful and engaged public discussion about this? Holding onto this until after the public engagement meetings are already done, that just doesn't seem to make any sense. It is very important to properly research alternatives and options, present them to the public for an informed and meaningful input in order to get the new Mineral Resources Act right.

Is the Minister prepared to release more of the department's internal work and extend the consultation on the new Mineral Resources Act to get it right and include the public?

I will have to have a check with the department on what we can all release here that is public information. I don't think we would have a problem with, you know, we are doing a jurisdictional scan of best practices across the country. That is open to everybody, but I am sure we have it all gathered up. We can share that with all people in the Northwest Territories.

The Mineral Resource Act is one of the most important pieces of legislation, I think, going forward in this Legislative Assembly, as it drives the biggest part of our economy, and we want to make sure we get it right. We have been out to all of the regional centres to hear what they have had to say. We have a comprehensive online survey that everyone can participate in the Northwest Territories. Those of us in the House who haven't had a look at it, I suggest that you go to the website and have a look at it. It is a very good process to put in to have what you have to say about it. We will continue to do that to try to make this the best Mineral Resource Act for the residents of the Northwest Territories.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Frame Lake.

Merci, Monsieur le President. Thanks to the Minister for that. Well, we will agree that it is important to get it right, but without having any information out there, how can we have a meaningful and informed debate around this and for the public to meaningfully engage in it?

There is obviously a lot of work that needs to be done to improve our "paltry corporate income taxes" from the mining sector and our world's "most charitable fiscal regime" for the mining sector. Those are quotes from the Bauer study. There are no options, modeling, or analysis on this important issue and any of the materials put forward to date by the department. When does the Minister intend to make such information public? How will the public be engaged and how can he possibly meet the ambitious schedule of having a new Mineral Resources Act for this House in 2018? Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. There have been several questions there, so I will allow the Minister to answer all of them or one of them. Minister of Industry, Tourism and Investment.

Thank you, Mr. Speaker. I would like to address the Member's question. He is concerned about consultation and how we are reaching out. As we said, we are going out there. We are going to put out a document on what we have heard. I think we are actually going to do the key elements paper outlining the policy potential changes that could be out there. We are also probably going to go out, I imagine, for a second round of input. There is going to be a lot of time for people to have their say in this. Like I said, we need to get this right, and it is one of the more important ones that we need to do in this government. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Hay River North.

Question 20-18(3): Guthrie House Therapeutic Community

Thank you, Mr. Speaker. I also have questions for the Minister of Justice about corrections. I always say that we need to strive to be world-class in the territory, and the Minister's interest in the Guthrie House offers an opportunity to do just that. Guthrie House is based on a shift in traditional thinking, a shift from seeing correctional centres as a place to house inmates and instead seeing them as a place where we can help these inmates address their issues and ensure that they don't return to the prison system. I would like to first ask the Minister if he could just please describe to us what Guthrie House is. Thank you.

Speaker: MR. SPEAKER

Masi. Minister of Justice.

Thank you, Mr. Speaker. Guthrie House is a therapeutic community located on the grounds of the Nanaimo Correctional Centre in Nanaimo, British Columbia. That is a medium-security custody facility. It is a provincial institution, so I assume that it deals with inmates doing less than two years. Guthrie House is separate from the main jail, so the prisoners, who are called residents, actually, should they be accepted into the program, stay within that portion of the institution. They don't mix with the other prisoners. Thank you, Mr. Speaker.

I will add that it is not a jail where people go and do programs. The whole system is a program. It builds up people's confidence and helps them deal with the issues that led them there. It is more of a way of life than a simple program. What prompted the Minister's visit to Guthrie House?

The various issues that have been raised this afternoon by the Member. We have grave concerns about recidivism, and it is also well known that many of the inmates in our facility have some substance abuse issues. The type of person who is admitted to the program at Guthrie House has to be highly motivated, but they are medium- to high-risk offenders with documented substance abuse issues in the moderate to severe range. As the Member opposite mentioned, it is quite separate from the main facility and is filled. I had the opportunity to meet with senior staff there. Several staff came with me from the Northwest Territories. We were very impressed by the very high motivation by those in the program.

I know we can find a lot of motivated people here as well. No one likes staying in remand at NSCC; it is not a pleasant place for anyone to be. Given that, does it appear that this is a viable model to use in the territory even if we have to adapt it somewhat?

We think so, Mr. Speaker. We formed a committee with departmental officials to explore this option further. The committee will look into the program model and consider how it could be adapted to fit the context of the Northwest Territories, including changes to infrastructure, changes, or supports. According to all reports, the amount of recidivism of residents who complete this program is far less than the normal population, so we certainly do want to look at this program and see how we might be able to adapt it to the Northwest Territories, where clearly something is needed.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Hay River North.

Thank you, Mr. Speaker. I recommend that everyone look into Guthrie House. I think it offers a lot of possibilities for our territory. The Minister mentioned that there has been a committee struck. How far along is the committee in its work? When can we expect some more solid answers from the Minister?

We are at the steering committee stage, but I have directed that this study, this examination of the program, must be a priority for the department. Certainly, we were all impressed, very much impressed, by both the staff and the high motivation of the residents in the institution. If it leads, as it seems to do, to lessening recidivism, we should look at it very seriously. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Deh Cho.

Question 21-18(3): Funding of First Nations in the Northwest Territories

Thank you, Mr. Speaker. Mr. Speaker, my questions are in follow-up to the statement that I made. Treaties for the most part in the NWT and in Canada are bilateral in nature, involving two parties, Aboriginal governments and the Government of Canada. From a First Nations perspective, treaties take on the features of being peace and friendship or cooperation agreements. At times, through governments' measuring and ensuring that the level of accountability and transparency does prevail over those regimes, sometimes it takes on the face of being paternalistic. My question is to the Premier: does the GNWT engage in any discussions with the federal government about changing the way First Nations are funded in the NWT? Mahsi.

Speaker: MR. SPEAKER

Masi. The Honourable Premier.

Thank you, Mr. Speaker. The Government of the Northwest Territories has not formally engaged with Canada about changing the way First Nations are funded in the Northwest Territories, nor about how such changes would be reflected in the negotiations taking place under the Dehcho process. However, I can state that Canada, through its federal working group of Ministers on the review of laws and policies related to Indigenous people, did release 10 principles that Canada will be using to guide the relationships with Indigenous governments, and one of the principles talks about review of the fiscal arrangements with First Nations.

I would like to thank the Premier for his reply. Recently, a Parliamentary committee from the federal level was here in Yellowknife and had run consultations in preparation for the federal budget that we expect in the new year. Has the GNWT undertaken any analysis or discussions with Canada about financing for designated authority communities funded by the federal government? Will future arrangements continue the practice of treating these communities differently than other First Nations communities in the NWT?

We have engaged the federal government to try to determine what their future vision is for their fiscal relationships with Aboriginal governments, and we have not been successful. I, myself, have written twice to the chair of the federal working group of Ministers on the review of laws and policies related to Indigenous people, offering to make a presentation about how we have an integrated system of health and education and to try to determine what their future plans are, but we have not undertaken any analysis with Canada about financing designated authorities funded by the federal government. I cannot speak for Canada. It has been very difficult to determine where they are going with future funding arrangements. The Government of the Northwest Territories currently contracts designated authority communities to provide municipal services in their communities, and currently we do not see changing that approach.

My question is: can the Premier clarify whether the GNWT sees these designated authority communities as Aboriginal governments?

The Government of the Northwest Territories views any First Nations, Metis, or Inuit communities that have completed or are currently in or about to start Aboriginal land claim and/or self-government negotiations as an Aboriginal government.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Deh Cho.

Thank you, Mr. Speaker. Mr. Speaker, the region that I am strongly, of course, affiliated with is the Deh Cho region, and they are an unsettled region. Would this government, through the Premier's eyes, view the Deh Cho as an Aboriginal government?

I have said that the Government of the Northwest Territories views any First Nation that is involved in Aboriginal land claims or in self-government negotiations as an Aboriginal government, so it falls under that definition. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Nunakput.

Question 22-18(3): Sustainable Arctic Communities

Thank you, Mr. Speaker. Mr. Speaker, earlier I spoke about sustainable Arctic communities, and my questions are for the Premier. Mr. Speaker, we have just finished our Mid-Term Review and begun the third and final session of this Assembly. I would like to ask the Premier to describe his personal vision, as the leader of this government, for what a sustainable community means in the Northwest Territories. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. The Honourable Premier.

Thank you, Mr. Speaker. In all my discussions, I view a sustainable community in the 21st century as a community where its residents are physically and mentally healthy; are actively participating in the community, territorial, and national economies and expect to do so for the foreseeable future. The natural environment is also healthy and provides the foundation for economic, social, and cultural well-being. A sustainable community in the Northwest Territories is a community that is resilient and adaptable to climate change. We would like to see all of our 33 communities be healthy communities.

I appreciate the response from the Premier. Mr. Speaker, my second question is: how will the Premier engage in the newly revised government mandate in making that vision a reality?

Our government will continue to work with Regular Members through the legislative business planning and budget processes to continue to make progress on the implementing of the mandate that has been approved by the 18th Legislative Assembly. I truly believe that, by fully implementing the mandate, this Legislative Assembly will have made significant progress by making all communities sustainable over the longer term.

I appreciate the response. Mr. Speaker, coastal erosion accelerated by climate change is threatening both human-inhabited and human-uninhabited territory in the Arctic. Mr. Speaker, how will the forthcoming Climate Change Strategic Framework recognize this reality and lead the government to take action on it?

We have always said that the Northwest Territories has been the most affected by climate change. All you have to do is look at the Beaufort Sea, where for decades the Beaufort Sea was ice-free for five weeks a year and now it is ice-free for about 20 weeks a year. Consequently, it has very significant effects on coastal erosion. We are prepared to do our part in the Northwest Territories to combat climate change, and also we will be releasing new strategies so that our government's efforts to reduce our greenhouse gas emissions will continue, and also we will work very hard to reduce our reliance on fossil fuels. Also, we will be working with the Government of Canada. We will be negotiating a bilateral agreement as provided for in the recent federal budget and through the draft climate change strategic framework and also the draft energy strategy that are complementary, and we will be releasing them shortly. We expect we will be able to make significant progress in dealing with these challenges. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Nahendeh.

Question 23-18(3): Enforcement of Cannabis-Related Offenses

Thank you, Mr. Speaker. Today I was talking to the Minister of Justice about the legalization of cannabis here. Can the Minister advise this House: has the federal government set the legal consumption limit for driving while under the influence of cannabis? If they haven't, when will this be coming forth? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Minister of Justice.

Thank you, Mr. Speaker. As the Member opposite will know, not from personal experience, but from his experience as a JP, there currently is, under section 253, an offence of operating a motor vehicle when impaired by alcohol or a drug. What the federal government is attempting to do, as they have done with alcohol where you hear about the 0.08 limit, they are trying to impose a similar scientific limit on the amount of marijuana allowed to be in the system of someone operating a motor vehicle.

The proposed THC level for a summary offence is two nanograms per millilitre of blood, and for a hybrid offence, it is five nanograms. If it is a combination of alcohol and drugs, I think the alcohol limit would be 0.05, which is lower than the current legal limit, and the level is 2.5 nanograms. The 30-day public comment here for the proposed regulations is running until November 13, 2017, so I can't be very certain as to when this important piece of federal legislation will come into law. Thank you, Mr. Speaker.