Debates of October 20, 2020 (day 40)

Thank you, Mr. Speaker. Yesterday, I asked a series of questions of the Minister of Lands, and he rightfully said some of them should go to EIA. I apologize for my often frustration with the Minister of Lands, but it is a mandate issue. They often do not have the tools they need to resolve issues. Mr. Speaker, one of the responses from the Department of Lands was that an Indigenous government can get land outside of a formal land claim process by a lease application. I think the idea of asking an Indigenous government to lease their own land from us is insulting. My question for the Premier is: can we develop a process to transfer land to Indigenous governments that is outside of the formal land claim process, a process I know we only plan on settling two agreements in in the life of this Assembly? Thank you, Mr. Speaker.

Thank you, Member for Yellowknife North. Honourable Premier.

Thank you, Mr. Speaker. I will start by saying that we did put in the mandate to settle two land claims in this government, but if we can get two, that is not where we are stopping. I just want to make sure they are clear with that. That is a goal. It does not mean the end. Yes, you can get land outside of the formal land claim process. Land is transferred from lease to fee simple sometimes. However, you need to be careful because there may be conflict in interests. Land withdrawals are there for a reason. They are there to make sure that the land is guaranteed so that, when Indigenous governments sign their land claims, they have that land there and it's not a whole bunch of cabins all over the areas, that it's already given out for fee simple. There is an application process that people can do, but it really indicates the need to bring forward these land-claim negotiations so that everybody knows where they stand. Thank you, Mr. Speaker.

I imagine such a process requiring the consent of the Indigenous governments presently in negotiation. To me, that is how we would implement UNDRIP; that is how that would best work. However, this is an issue even in settled areas. There are Indigenous governments up in the Gwich'in and Inuvialuit region where we have settled the claims, who want access to land and they cannot get it because we go, "No, no. We settled those claims." Going forward, the relationship with Indigenous governments should be the same as municipal governments: we will give them land when they access it, when they want it. What I am asking for the Minister of EIA is to develop a process guide of how we could do this, much the same to what we were doing for municipal affairs. Will the Minister or the Premier develop such a process?

Land withdrawals have a purpose, like I said. They are reviewed every time that they expire. The goal of the land withdrawals is to preserve the encumbered land for eventual identification and selection in the land use process. I am not going to commit to developing a strategy, Mr. Speaker, because there is kind of an unspoken strategy. There are three areas that are usually talked about with Indigenous governments and the Governments of Canada and the NWT, and it usually goes around royalties, land, and cash. Those are the three areas. That is the strategy, and Indigenous governments, as they move forward, they choose and pick what works best for their people. If you want that written out, I can write that out.

I believe we are in a massive trust deficit with our Indigenous governments, and as we in Canada negotiate how much land, how much royalties, how much cash they get, this process drags on for decades. Then, little issues such as small parcels come up, and we have no method for resolving those and building the trust, such that we will never settle the claim. We are just stuck in this cycle where we can not build the trust. Mr. Speaker, I think this is also reiterated in the lease-only policy. We administer leases; they are very costly, but we do not reach out to Indigenous governments and say, "We want to get rid of this land. We will give you the money for it if you want it. We will completely accept your consent." Is the Minister willing to look at the lease-only policy?

I know that the Minister of Lands is looking at the lease-to-own policies within his department. However, I do want to say that, in regard to land leases, we have to recognize that the priority is on resolving the outstanding negotiation. That is the priority and has to be the priority, but I am willing to listen to the Member more if the Member wants to come and meet with me at any time to hear what his issues or his concerns or his recommendations are. However, again, my priority is on the land claims and the rights of Indigenous governments.

Thank you, Honourable Premier. Oral questions. Member for Great Slave.