Thank you, Mr. Speaker. Last December the Yukon Court of Appeal issued a very important ruling on the duty of the Crown to consult with First Nations. The Ross River Dene case concerned the Yukon court’s Mining Act. This act provides for a free entry system by allowing an individual to physically stake a claim and then record it. The officials have no discretion to refuse to record a claim unless certain technical requirements are not met. The court found that the Yukon government does have duty to consult with First Nations when recording claims in asserted traditional territory. This decision calls into question the Yukon’s entire mineral rights system.
Others have also questioned the fairness of free entry systems generally. In the NWT we also have a free entry system which is now governed by the Canada Mining Regulations. The Yukon decision should make us ask whether the federal regulations also fail to reflect the duty to consult with First Nations.
It is my understanding that the Canada Mining Regulations will continue to apply in the Northwest Territories after devolution, possibly in the form of mirrored legislation. It concerns me that we could be taking on legislation that does not reflect Aboriginal rights.
It is critical that mineral development in the GNWT involve consultation with First Nations, by both government and industry. We need to make sure our legislation reflect this and this could mean we need to make some changes. I hope we are prepared for this.
Thank you, Mr. Nadli. The honourable Member for Frame Lake, Ms. Bisaro.
