Debates of March 9, 2023 (day 149)

Date
March
9
2023
Session
19th Assembly, 2nd Session
Day
149
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Mr. Edjericon, Hon. Julie Green, Mr. Jacobson, Mr. Johnson, Ms. Martselos, Ms. Nokleby, Mr. O’Reilly, Ms. Semmler, Mr. Rocky Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek, Ms. Weyallon Armstrong
Topics
Statements

Thank you, Mr. Speaker. I'd like to clarify and state that no, I am not downplaying the issue and I am not passing it off to a Minister. Ministers have jobs. The relationship is direct Minister to Minister, Premier to Premier. And if the Minister does not get through within the next while, then I will be bringing this forward. I would like to give benefit of the doubt to the Alberta Premier. I know that she hasn't been elected for very long. I am hoping, although not foolishly, but I am hoping that she just didn't get the proper briefing, that there is no transboundary agreement with Imperial Oil; the transboundary agreements are between the Alberta government and the Government of the Northwest Territories. So as stated, I will bring this forward if the Minister does not get proper resolution and I'd be more than pleased to invite the Alberta Premier to come meet with the Council of Leaders, the Indigenous governments of the Northwest Territories. I can commit to doing that. Thank you, Mr. Speaker.

Mahsi, Mr. Speaker. And mahsi to the Premier for that. It's very imperative that, you know, I want to reiterate that we need as you're the Premier of the Northwest Territories, you're our biggest leader in this government, you need to engage the Alberta Premier who's never met the Indigenous people of the Northwest Territories. And we need to extend that invitation. You can do it how well you want to do that but extend that invitation to meet all Indigenous leaders of the Northwest Territories, not just the Intergovernmental Council, not just the NWT Council of Leaders, but everyone because there's three claimant groups that are excluded from those tables.

Mr. Speaker, the Premier of Alberta mentions the 2015 agreement in which the Alberta government does not need to inform the Government of the Northwest Territories of any spills or leaks because the leaks from the tailing ponds do not reach tributaries nor our drinking water. Yeah well, tell that the residents of the Northwest Territories. Tell that to the people of Fort Chipewyan who have been fighting the Alberta government for decades with no success.

Mr. Speaker, will the Premier approach the Alberta Premier to have frank discussions in redrafting the agreement to honour the voices of our First Nations people in the ultimate protection of our waters? Mahsi.

Thank you, Mr. Speaker. I stated before I have no problem, in fact I think it's a good idea, to invite the Alberta Premier to come to the Northwest Territories to meet with our Indigenous government leaders. Another clarification, Mr. Speaker, the Intergovernmental Council does have some Members that didn't sign on to devolution that are excluded. The Council of Leaders includes all Indigenous governments. Some don't attend but they're more than welcome. If there's any groups that are not part of that that the Member feels should be invited, then I'm more than willing to listen to the Member and invite those Members as well to that. So yes, Mr. Speaker, I do think it's important that these conversations happen. It's not only important, it's critical. And both the Minister is working diligently on this, and if there's no satisfaction then I will be addressing it further. This cannot be acceptable to any of us. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

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

Question 1462-19(2): Prohibition Creek Project

Thank you, Mr. Speaker. My questions are for the Minister of Infrastructure. It's my understanding that this week alone there have been two incidents on the exorbitantly overpriced Prohibition Creek Access Road, including the rollover of a tractortrailer vehicle. This is also the same contractor who cut the fibre optic line in January. Can the Minister provide this House with information on what is happening on this project? Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Great Slave. Minister responsible for Infrastructure.

Thank you, Mr. Speaker. Mr. Speaker, the Member is correct, there was an accident. We had we have Workers' Compensation looking into the matter. That's where we're at right now. Thank you.

Thank you, Mr. Speaker. That's great that WSCC is looking into it, however I'm wondering what the Minister and her department is doing. Does the department have an inspector out on this project regularly ensuring that safety protocols are being followed? Thank you.

Thank you very much, Mr. Speaker. Mr. Speaker, as I mentioned, this is under investigation by the workers WSCC so it's really hard for me to comment at this time. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. I don't really understand why the Minister can't answer about whether or not there's an employee from the Department of Infrastructure that has been out inspecting and watching this project for the last two months, given especially the fact that they cut the fibre optic line, and I still have not seen the locator reports from that time that I asked for ages ago. Thank you.

Thank you very much, Mr. Speaker. So I do want to first talk about the traffic accident that happened at the Prohibition Creek. So I do want to say that no one was seriously injured at either incident. And we take health and safety very seriously, Mr. Speaker. So the department is undertaking an investigation at the contractor's site, including review of the contractor's health and safety plan as well as the traffic control plan. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Final supplementary. Member for Great Slave.

Thank you, Mr. Speaker. So, Mr. Speaker, is it safe to say then that this project has been shut down, and if so, how much is this going to cost us, what penalties will be have been built into this contract to ensure that these costs are not borne by the people of the Northwest Territories? Thank you, Mr. Speaker.

Thank you very much, Mr. Speaker. Mr. Speaker, the contractor will resume work at the PCAR location this afternoon. The WSCC has reviewed the incident and has cleared us to proceed. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Inuvik Twin Lakes.

Question 1463-19(2): Rights-Based Cabins

Thank you, Mr. Speaker. Mr. Speaker, my questions are for the Minister of Lands. Can the Minister inform this House on what a rightsbased cabin is as this term is something that his department has continued to use. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Inuvik Twin Lakes. Minister responsible for Lands.

First of all, I'd like to thank the Member for the question. We've had this conversation numerous times so I can tell the people of the Northwest Territories she's doing her due diligence in trying to get this information out there.

The department is working with the Indigenous governments and Indigenous organizations to distinguish potential rightsbased cabins from unauthorized occupancy and to develop an approach to manage the rightsbased cabins on public land. The department will continue the discussions with Indigenous governments and Indigenous organizations that want to engage with us on this work. Engagement started in February and will conclude in August of 2023. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Can the Minister tell why does the GNWT charge fees for leases to Indigenous people to exercise their right to establish camps on public lands as those camps are directly linked to harvesting? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, the department regulates validation and pricing for all public lands. Leases are required where exclusive use of public land is required. Lease rents are charged to have exclusive usage. Indigenous people are encouraged to selfidentify with the Department of Lands that they are rightsbased land users and within their traditional area if they wish to maintain a camp or a cabin on public land without a tenure. Some Indigenous people prefer to maintain tenure for the benefit associated with such things as exclusive use, being able to sell the improvements and interests in the land or leave it to someone else in the estate. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. And I thank the Minister for the you know, I think what he's saying is something that might affect down here but when I speak to my region, you know, is the GNWT is it the GNWT's position that charging fees to Indigenous people for establishing camps is consistent with land claim and treaty rights, because in my Member's statement, Mr. Speaker, I did state in the IFA leases for fees, any type of fees that go along with harvesting, are to be there should be no fees. Thank you, Mr. Speaker.

Thank you. And, again, I appreciate the Member's passion on this, and we've had this conversation numerous times. Any land claims or treaty rights establish the process for use of public land, and the GNWT follows that claim. So that is our process, and we've been following that. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Final supplementary. Member for Inuvik Twin Lakes.

Thank you, Mr. Speaker. Mr. Speaker, this government has done some great work. Education for Indigenous people. Education has, you know, eliminated semesters to like, they can go to school longer. You know, the affirmative action is going out, being reviewed for Indigenous employment. So can this Minister commit to pausing all lease fees and collection actions against Indigenous people until a full legal review can be done on this issue because I know, Mr. Speaker, in my in my region, I spoke to even one of the leaders today, are you know, is that and this is not happening, we're not listening, and so this need to stop until there's a good legal review. So will this Minister commit to that? Thank you.

Thank you, Mr. Speaker. Mr. Speaker, as stated earlier, we have several processes underway working with Indigenous governments, including regulations for the Public Land Act. Until those processes are completed, the GNWT will continue to lease land in accordance with our Act and regulations. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Tu NedheWiilideh.

Question 1464-19(2): Federal Day School

Thank you, Mr. Speaker. All day schools and residential schools were transferred to the GNWT on April 1st, 1969. During the 1969 school year, there were 10,291 students, 541 teachers, in the Northwest Territories, including Nunavut. This jurisdiction change did not result in change in management, and the Catholic Church and the Anglican Church continued to operate each school year under a contract. And their intentions remained the same: The extinguishment of the culture and traditional way of life of Indigenous people.

The federal government has acknowledged this harm for students prior to 1969 and provided compensation from anywhere from $10,000 to $200,000. This compensation should be identical after 1969.

Mr. Speaker, I want to ask the question to the Premier of the Northwest Territories, and I brought this to her attention a couple times already, and I just wanted to ask what steps has the Premier taken to address the GNWT's role in the day school program to make amends for the harms done and compensate for survivors after 1969? Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Tu NedheWiilideh. Honourable Premier.

Thank you, Mr. Speaker. Mr. Speaker, the GNWT is not a party to the class action suits that are going on with the federal government; therefore, we don't have a direct role in the litigation that's happening. However, ECE has worked with students who have come forward to get their historical records. We've also provided letters in support for students that might have missing or incorrect personal information. And I do encourage that any residential school survivor to visit the indiandayschools.com to find more information on what's happening with these class actions. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. The territorial government was born in 1967. Two years later, the Indian Federal Day School of Canada transferred that responsibility to the GNWT. And I understand what the Premier's saying that the GNWT's not part of the federal class action lawsuit prior to 1969. But after 1969, the abuse continued to happen to this day. So, again, is the government aware of the total number of days day home survivors in the Northwest Territories after 1969? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. I don't have on hand the information related to the number of residents who attended who were students in the Indian day schools on hand and how many of those were Indigenous versus Caucasian. I mean, there was also Caucasian people that went to the schools after that time. However, as stated, we're working closely with any students that need supports and we're trying to offer as many supports as possible to people that are facing intergenerational trauma. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Mr. Speaker, the scars of intergenerational trauma caused by residential day school continues in the present confining many Indigenous people to addiction, poor mental health, poverty. The day school program in particular has not been properly resolved and compensation is needed. Will the Premier ensure the day school survivors are compensated for trauma they suffered through day schools, in all the schools in the Northwest Territories, including my riding and also in the Tlicho region? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. We try to support students, as many as possible, as they come forward. I do want to say, Mr. Speaker, that I recognize the trauma, the intergenerational trauma that's happened from colonization from the beginning, residential school as well. And not only those two but just the ongoing societal judgements that are put on Indigenous people. And so I do think that we have a responsibility to try to make sure that the health and wellness of our residents is taken care of. We're trying our best. We have many programs to support people with mental health, trauma. But we can't do it alone, Mr. Speaker. And so from the beginning of this government, I've tried to focus as much efforts as possible with working with Indigenous governments. That's why we formed the Council of Leaders. And I think that it's important that we work with the Council of Leaders as we go forward to address the intergenerational trauma. And it's not going to be something that will be addressed fixed in this government. It took decades of abuse that happened to Indigenous people to get where we are today and it will probably take hopefully not, but as long to deal with the trauma. So I will do my part, Mr. Speaker. Thank you.

Thank you, Mr. Speaker. And thank you, Premier, for your answers. And I know this is a very sensitive subject, and it hits home to everybody here in the Northwest Territories. And I'm also probably one of those survivors as well. So, you know, we I guess going forward, we need to really start looking as to how we're going to start dealing with this issue as a government and start looking at how we're going to address these outstanding issues with survivors after 1969. So I'm will the Premier work with her also with her counterparts in Nunavut to ensure that all students receive adequate compensation for their time in day schools regardless of jurisdiction? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. We work with the northern territories, the Yukon and Nunavut, whenever possible. There's always strength in numbers; we realize that. I can make a commitment to the Member that I will bring this topic to the Premier of Nunavut, and that I can commit to. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Madam Premier. Oral questions. Member for Hay River South.

Question 1465-19(2): Hay River Harbour Remediation

Thank you, Mr. Speaker. Mr. Speaker, can the Premier confirm when the business plan for the Hay River Harbour remediation went into the federal government? Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Hay River South. Madam Premier.

Thank you, Mr. Speaker. An application was submitted under the Oceans Protection Plan for the Hay River Harbour restoration on February 17th, 2023, and the Minister of Infrastructure is seeking $35 million over four years under this program. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Can the Premier confirm if it was just the one department, or did it go to any other departments in the federal government? Thank you.

Thank you, Mr. Speaker. This was submitted to Transport Canada. Discussions have also been ongoing with CIRNAC regarding this project. Infrastructure continues to lobby the federal government and to stress the importance of this marine hub, including the action needed to reduce risk to equipment and the environment, avoid the interruption of the essential resupply activities, and maintain safe and secure commercial marine shipping operations in the Northwest Territories. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. I just got to run over and his questions.

Mr. Speaker, can the Premier confirm if any support for the application is requested from communities, Indigenous governments, businesses, or industry who rely on the services of MTS? Thank you.

Thank you, Mr. Speaker. I'd be okay if he ran over and got the questions because I got the answers from the Minister of Infrastructure, so. Yes, we have requested letters of support from several groups to attach to the application. We're still able to accept any letters of support, if any other groups want to extend their support for our funding application. This pertains it impacts a lot of people, and so the more letters of support we have the more likely that we'll be successful in our lobbying. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Madam Premier. Final supplementary. Member for Hay River South.

Thank you, Mr. Speaker. I was hoping that when I saw Mr. McLeod up in the audience there that he actually had a cheque for this project. But I see he's ran away.

Mr. Speaker, has application for permits required to remove silt from the channel in the harbour been submitted for approval, and if so, when can we expect to hear a response or approval for that? Thank you.

Thank you, Mr. Speaker. The Department of Infrastructure is in the engagement process right now and expected to submit the applications at the end of March. They're also in the process of engaging the federal government for funding support while the work proceeds on the regulation and permitting. Thank you, Mr. Speaker.