Debates of October 20, 2017 (day 4)

Date
October
20
2017
Session
18th Assembly, 3rd Session
Day
4
Members Present
Mr. Beaulieu, Mr. Blake, Hon. Caroline Cochrane, Ms. Green, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. McNeely, Hon. Alfred Moses, Mr. Nakimayak, Mr. O'Reilly, Hon. Wally Schumann, Hon. Louis Sebert, Mr. Simpson, Mr. Testart, Mr. Thompson, Mr. Vanthuyne
Topics
Statements

Mahsi, Mr. Speaker. Mr. Speaker, my questions are for the Minister responsible for the Northwest Territories Housing Corporation.

In announcing the decision to Concept Energy Services to supply modular housing units, the Minister indicated that the units could be provided at a cost 25 to 48 per cent lower than by stick-built construction. Contracts are now being let to complete construction of modular units at additional costs. Can the Minister tell this House what the additional costs for completion of the units delivered unfinished to communities will be, and:

whether modular construction will in fact be cheaper than community-based stick built construction, given the need to pay contractors to complete the buildings;

whether the original calculation of construction cost savings included the payment of a cash advance to Concept Energy Services;

the amount of any advance and the contract conditions to be met in return for the advance; and;

given that providing cash advances to contractors is not the normal practice of the Housing Corporation, why it was included in this contract.

Mahsi, Mr. Speaker.

Tabling of Documents

Tabled Document 31-18(3): Towards Level Ground: Addressing Persistent Core Need in the NWT

Tabled Document 32-18(3): NWT Housing Corporation Annual Report 2016-2017

Mr. Speaker, I wish to table the following two documents entitled "Towards Level Ground: Addressing Persistent Core Need in the Northwest Territories" and the "NWT Housing Corporation Annual Report 2016-2017." Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Tabling of documents. Minister of Education, Culture and Employment.

Tabled Document 33-18(3): Aurora College Corporate Plan 2017-2018

Mr. Speaker, I wish to table the follow document entitled "Aurora College Corporate Plan 2017-2018." Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Tabling of documents. Minister of Infrastructure.

Tabled Document 34-18(3): Yellowknife Airport Five-Year Business Plan 2017-2018 to 2021-2022

Mr. Speaker, I wish to table the follow document entitled "Yellowknife Airport Five-Year Business Plan 2017-2018 to 2021-2022." Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Tabling of documents. The Honourable Premier.

Tabled Document 35-18(3): Follow-Up Letter for Oral Question 770-18(2): Mental Health and Homecare Funding

Mr. Speaker, I wish to table the follow document entitled "Follow-Up Letter for Oral Question 770-18(2): Mental Health and Homecare Funding." Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Tabling of documents.

Tabled Document 36-18(3): Office of the Northwest Territories Languages Commissioner Annual Report 2016-2017

Tabled Document 37-18(3): Annual Report of the Equal Pay Commissioner of the Northwest Territories for the Period July 1, 2016 to June 14, 2017

Tabled Document 38-18(3): Summary of Members' Absences for the Period September 19 to October 18, 2017

Notices of Motion

Motion 8-13(3): Expression of Gratitude to Deputy Clerk Douglas Schauerte for Dedicated and Exemplary Service

Thank you, Mr. Speaker. Mr. Speaker, I give notice that on Tuesday, October 24, 2017, I will move the following motion: now therefore I move, seconded by the Honourable Member for Yellowknife Centre, that this Legislative Assembly expresses its sincere gratitude to Mr. Douglas Schauerte for his dedicated and exemplary service to the House; and further, that this Legislative Assembly designate Douglas Schauerte as an honorary officer of this Legislative Assembly with an entry to the Chamber and a seat at the table.

Mr. Speaker, at the appropriate time, I will be seeking unanimous consent to deal with this motion today. Thank you, Mr. Speaker.

---Applause

Motions

Motion 5-18(3): Apology and Compensation to the Yellowknives Dene First Nation Relating to Damages from the Giant Mine, Carried

Marsi cho, Mr. Speaker. Mr. Speaker, I have a motion "Apology and Compensation to the Yellowknives Dene First Nation Relating to Damages from the Giant Mine."

WHEREAS the Yellowknives Dene First Nation abused and occupied the lands and waters around Yellowknife Bay for thousands of years and continue to do so;

AND WHEREAS the workings of Giant Mine were located in their territory without compensation or permission from the Yellowknife Dene First Nation;

WHEREAS the operation of Giant Mine contaminated the lands and waters surrounding the water to the extent that some traditional activities including hunting, fishing, and gathering by the Yellowknives Dene First Nation had been harmed and potentially will never again be possible;

AND WHEREAS the massive stockpiles of arsenic created by the Giant Mine threatened to cause a major environmental catastrophe that could prevent Yellowknives Dene First Nations' usage of its traditional lands and water;

AND WHEREAS the treaty entitlement and lands right agreement has yet to be completed with Yellowknives Dene First Nation and that the impact and damages created by Giant Mine are an extraordinary and exceptional nature;

AND WHEREAS on July 1, 2017, the Prime Minister of Canada publicly stated that "Indigenous peoples of this country have faced oppression for centuries and as a society, we must acknowledge and apologize for past wrongs and chart a plan forward for the next 150 years;"

AND WHEREAS the Giant Mine oversight board in its 2017 establishment report recommended that in the interest of reconciliation, "the decisions and actions of past governments are acknowledged and that an apology is made for the impacts of these decisions and actions have had on the Yellowknives Dene First nation;"

NOW THEREFORE I MOVE, seconded by the honourable for Frame Lake that the Legislative Assembly calls upon the government of Canada to make a formal public apology for the damage done by Giant Mine, and more specifically to the Yellowknives Dene First Nation;

AND FURTHER that the Assembly call upon the government of Canada to enter into negotiations with the Yellowknife Dene First Nation to provide compensation for these damages and loss.

AND FURTHERMORE that the Premier of the Northwest Territories convey this motion without delay to the Prime Minister of Canada with a letter requesting a reply.

Thank you, Mr. Speaker. Mr. Speaker, I would like to request a recorded vote.

Speaker: MR. SPEAKER

Masi. There is a motion in order. To the motion. Member for Tu Nedhe-Wiilideh.

Thank you, Mr. Speaker. A short addition to this: to speak to the motion, we have known that the issue of the arsenic at Giant Mine and all of the other contamination damage around the area has caused problems for many years. For the Yellowknives First Nation, I know that the elders had spoken previously about when they were fishing right in the bay. I remember when the Ndilo was a smaller community at the time. Right in the front, the elders would fish right in the bay back there until they started to see lesions and other types of problems with the fish and so on.

Now that they're saying there is some contamination in all the birds and all the fish in the area, and I think we all know that the vaults of arsenic that are underground, frozen underground around the Giant Mine property has potential for great catastrophe, if there should be anything going wrong in there. So we felt that there was a time for the federal government to discuss their responsibilities with what occurred at Giant Mine. When the mine was first created, it was done without a thorough consultation with the people from Yellowknives Dene First Nation. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. To the motion. Member for Frame Lake.

Mahsi, Mr. Speaker. I've been at a lot of meetings about Giant Mine over the last 30 years, and certainly whenever I've been at meetings where there have been elders from the Yellowknives Dene First Nation, they've raised this issue of an apology and compensation. They've been waiting a long time for that to happen, and unfortunately some of them are no longer with us.

How do you explain to somebody who used to be able to go to the lake and take water out of it that they actually now have to pay to get safe water delivered to their house? So why is this motion before us today? I think the Giant Mine Oversight Board erased this issue in their first report, and I asked the Minister of Environment and Natural Resources in this House whether our government had a position on this, and he said, "Well, not really. We haven't thought about it very much."

This motion, I think, is an expression of our collective will, moving forward, and to get this on the federal radar. An apology and compensation is important. It's very significant, an unfinished piece of business, and this needs to be done in the spirit of reconciliation. There's nothing in legislation that would prevent another Giant Mine from happening. There are a lot of lessons that we still need to learn, and we need to implement those lessons through our post-devolution legislation.

This issue will continue to give the mining industry a black eye, but there are progressive people in the mining industry. They recognize that, and they want this issue dealt with, as well. That's what this motion is about, is helping put this issue on to the federal radar and getting this issue dealt with properly and the way that it should be. I look forward to the support of all Members of this House. Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. To the motion. Member for Kam Lake.

Thank you, Mr. Speaker. I stand in support of this motion and I'd like to commend the honourable Member for Tu Nedhe-Wiilideh for bringing this forward. A reconciliation is more than words. It requires real action from governments; not just ours, but governments across Canada and, of course, the federal government. We've seen a lot of movement towards repairing the relationship between Indigenous and non-Indigenous peoples in the country. It's a long road ahead. It may take hundreds of years to get us to a place where we have healed the wounds of colonization, and restored the balance in this country. For this motion in particular, it speaks to something that's very near and dear to the hearts of Yellowknives Dene First People, their traditional territory that has been severely impacted by the Giant Mine facility.

Yes, it is a historical incident, but it has forever changed the history of the Northwest Territories. If we're going to speak to reconciliation, if we're going to talk about building strong partnerships with Indigenous nations of the Northwest Territories, we have to do more than just make Members' statements on it. We have to put it into practice with formal motions like these that call on specific actions, and I encourage all Members, all honourable Members of this House, to stand up in support when the vote is called. Thank you, Mr. Speaker.

Recorded Vote

Speaker: Mr. Schauerte

Member for Tu Nedhe-Wiilideh. Member for Nahendeh. Member for Frame Lake. Member for Yellowknife Centre. Member for Nunakput. Member for Inuvik Boot Lake. Member for Range Lake. Member for Yellowknife South. Member for Inuvik Twin Lakes. Member for Hay River South. Member for Thebacha. Member for Hay River North. Member for Mackenzie Delta. Member for Yellowknife North. Member for Kam Lake.

Speaker: MR. SPEAKER

All those opposed, please stand. All those abstaining, please stand. The results of the vote: 16 in favour, zero opposed, zero abstentions. Motion carried.

---Carried

Speaker: MR. SPEAKER

Masi. Colleagues, at this time, I'm going to call a short break.

---SHORT RECESS

Speaker: MR. SPEAKER

Masi, Members. Members, we left off on the first motion, 5-18(3). That was completed. Motions. Member for Mackenzie Delta.

Motion 6-18(3): Action on the Alaska National Wildlife Refuge, Carried

WHEREAS the Porcupine caribou herd has sustained Gwich'in people for thousands of years;

AND WHEREAS part of the critical calving habitat for the Porcupine caribou is located within the Alaska National Wildlife Refuge that does not have permanent protection;

AND WHEREAS the Government of the Northwest Territories has actively supported previous efforts towards permanent protection of the Alaska National Wildlife Refuge;

AND WHEREAS the current United States Federal Government is making public statements about lifting the protection for the Porcupine caribou Heritage herd through the Alaska National Wildlife Refuge;

NOW THEREFORE I MOVE, seconded by the honourable Member for Inuvik Twin Lakes, that this Legislative Assembly calls upon the Government of Canada to make representations to the United States Federal Government opposing the removal of protection for the Porcupine caribou herd by allowing any industrial activities within the Alaska National Wildlife Refuge;

AND FURTHER, that this Assembly calls upon the Government of the Northwest Territories to actively support and assist Gwich'in governments and related organizations in the effort to prevent the opening of Alaska National Wildlife Refuge, and to seek permanent protection of this critical habitat for the Porcupine caribou herd.

AND FURTHERMORE that the Premier of the NWT convey this motion without delay to the Prime Minster of Canada with a letter requesting a reply. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. The motion is in order. I'll allow the mover to speak on the motion.

Thank you, Mr. Speaker. Mr. Speaker, like many First Nations throughout the Northwest Territories, the Gwich'in people have relied on the Porcupine caribou herd, along with other herds throughout the territory. Mr. Speaker, all Dene in the NWT are also part of the Porcupine caribou management agreement. Even though the Porcupine caribou herd is one of the healthiest herds in Canada and in the United States, as well, you know that future drilling, if allowed in 1002 lands is what this motion is speaking to.

It can have huge impacts on the Porcupine caribou herd. We see it throughout all the herds in Canada that are declining at the moment, yet the Porcupine caribou herd is healthy at the moment, but future drilling can have impacts on this, as well. That is the calving grounds of the Porcupine caribou herd, Mr. Speaker, and now is the time we need to stand up again. You know, this fight has gone on for many years in the Gwich'in, in the Yukon, Alaska, and the Northwest Territories have always been lobbying the Congress and senators in the United States to protect their calving grounds. I'd just like to read the latest update that I received.

"The Senate passed its budget resolution, which directs the Senate Natural Resource Committee, chaired by Alaska Senator Murkowski, to generate $1 billion in new revenues. This is expected to be found by removing the legislative barriers to drilling in the coastal plain, and counting highly speculative revenues from the future sale of oil leases. The Senate vote happened largely along party lines, with the budget resolution passing 51 out of 52 Republicans to 49, all 48 Democrats, and one Republican. Earlier in the evening, Democratic Senator Maria Cantwell tabled a proposed amendment to the budget resolution, which had passed. Whatever moved the direction to the Senate Natural Resources Committee and thus ending the drilling threat in the budget, it did not pass, with 48 votes in favour, democrats, and 52 against, republicans. Last week, the House passed its own budget resolution which also directed its equivalent of the Senate Natural Resource Committee to find $5 billion in new revenues, example, $4 billion more than the Senate budget resolution. Most of these budget resolutions are not legally binding. They are also substantially different budget resolutions."

As I understand the archaic U.S. political process over the course of the next few weeks, the House and Senate will begin negotiations to reconcile the two budget resolutions in a single bill, which will have to pass in the Senate before becoming law, 51 votes required.

Mr. Speaker, I understand that there is still the ability for the language that puts the coastal plain at risk to be removed from the bill prior to the final Senate vote. Given the outcome of the capital amendment vote, however, this will require a shift in position of a minimum of three Republican senators. Mr. Speaker, in the worst-case scenario, the Senate will pass a budget into law in the coming weeks that removes the provisions from the federal legislation which currently prohibits exploration and drilling for oil in the coastal plain. So Mr. Speaker, more than ever, this motion is very important, and we need lobbying of our Prime Minister to meet with the President of the United States. I know that he is pro-development, but Mr. Speaker, I think we also need to send a contingent down to Washington to lobby the senators. Like I said, we only need three to change their position.

We have a lot of people who depend on the Porcupine caribou in the Northwest Territories along with the Yukon, I know they are doing their part to send people down to lobby. I just ask for your support, and Mr. Speaker, I will request a recorded vote. Thank you.

Speaker: MR. SPEAKER

Masi. To the motion. Member for Inuvik Twin Lakes.

Thank you, Mr. Speaker. I'm very happy to second the motion. There have been a number of motions over the past number of Assemblies on protection of the caribou and this is just another one, but I think now, more than ever, it is quite critical that we follow through on this one because as the Member pointed out, I had exactly the same stats on the amendment that was made that was defeated that would have taken the Arctic wildlife refuge, the last wildlife refuge, out of it.

As the Member pointed out, it failed, and so there are two more people who need to be convinced. I do know that there are some representatives from, I think, one of the northern Yukon communities who are going down to Ottawa to try and change the minds down there. I do know that in the past, there have been a number of efforts by people of the Beaudel and Alaska and the Yukon to go down and point out the fact that they need to protect that particular -- because it's a different country and the volatility of the present administration in the United States, it makes it more critical than ever that we increase our efforts to try and make them aware of exactly what kind of effect that it's going to have.

I agree with the Member: the caribou sustained the people of the North Slope and the Yukon and the Beaudel for years, and I've been a benefactor of the caribou, Members have been benefactors of the caribou, our children have been benefactors of the caribou, our grandchildren are starting to be benefactors of the fact that we have the ability to still harvest caribou, and we want their grandchildren to have that ability as well.

I have said before earlier in the House when I was responding to some questions that I give kudos to any Aboriginal government that shows leadership in protection of caribou across this country because that will ensure the survival of the caribou once the Aboriginal governments take it upon themselves and self-regulate themselves. The Tlicho government has done that and kudos to them. The seven Indigenous groups I spoke of earlier in Ungava Peninsula in around Quebec have taken leadership roles. I think it is extremely important that we continue to support this and we continue to try and get down and do some lobbying efforts and see if we can convince some people that this is an area that needs to be protected. I am very pleased again to the seconder of this motion. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

To the motion. Member for Frame Lake.

Mahsi, Mr. Speaker. Yes, I would like to strongly support this motion. I want to recognize the people who have done a lot of work on this. I am not going to name them all, but certainly the human faces. This has been a lifetime struggle for many of them, people like Norma Kassi, Joe Tetlichi, Charlie Snowshoe, the late chief Johnny Charlie. This has been a lifetime struggle trying to protect the caribou herd. I want to recognize their efforts and leadership on this issue. I know that our government is going to get behind this as well and provide support and assistance. I am sure it is going to get unanimous support in this House. Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

To the motion. Member for Nunakput.

Thank you, Mr. Speaker. Mr. Speaker, as a neighboring MLA for the Member from Mackenzie Delta, I support this motion as well too. Mr. Speaker, this is a good opportunity for the Gwich'in settlement region as well as the Gwich'in International which is in Alaska, the Aleutians, and the GNWT. I think we are all in the right place to partner up to bring this to the level of the Arctic Council as well as to the United Nations.

Mr. Speaker, all those avenues are key to slowing down a process like this that maybe moved by another government that is out of our control and out of our reach. We are working with the Government of Northwest Territories and the government of Canada. I think with all those avenues, we can have a strong voice together at that level. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

To the motion.

Speaker: SOME HON. MEMBERS

Question.

Recorded Vote

Speaker: Mr. Schauerte

The Member for Mackenzie Delta, the Member for Sahtu, the Member for Yellowknife North, the Member for Kam Lake, the Member for Tu Nedhe-Wiilideh, the Member for Nahendeh, the Member for Frame Lake, the Member for Yellowknife Centre, the Member for Nunakput, the Member for Inuvik Boot Lake, the Member for Frame Lake, the Member for Range Lake, the Member for Yellowknife South, the Member for Hay River South, the Member for Inuvik Twin Lakes, and the Member for Thebacha.

Speaker: MR. SPEAKER

All those opposed, please stand. All those abstaining, please stand. The results of the motion are: 16 in favour, zero opposed, zero abstentions.

---Carried

Masi. Motions. Member for Inuvik Twin Lakes.