Debates of February 26, 2010 (day 36)

Date
February
26
2010
Session
16th Assembly, 4th Session
Day
36
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, Mr. Jacobson, Mr. Krutko, Hon. Jackson Lafferty, Hon. Sandy Lee, Hon. Bob McLeod, Hon. Michael McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements

QUESTION 417-16(4): MUNICIPAL STATUS OF LUTSELK’E

Mahsi cho, Mr. Speaker. Mr. Speaker, in my Member’s statement I talked about the community status of Lutselk’e and their concern about having to convert to meet certain conditions in order to receive increased funding to deliver municipal services. I have questions for the Minister of MACA. Mr. Speaker, does the Minister and the Department of MACA recognize the inherent right of self-government as an existing aboriginal right under Section 35 of the Constitution Act 1982 in their day-to-day business? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Beaulieu. The honourable Minister of Municipal and Community Affairs, Mr. Robert McLeod.

Thank you, Mr. Speaker. We, as GNWT, recognize all communities’ rights to self-government, Mr. Speaker. Because of the Indian Act not allowing band communities to own real property, we have been working with band communities to form interim corporations so we can flow the capital and gas tax money to them. We view the interim corporations as a way to build capacity for their eventual transition into self-government. There’s nothing about the interim corporation model that would interfere with or go against the band communities’ self-government goals and objectives. Thank you, Mr. Speaker.

Mr. Speaker, does the Minister recognize the chief and council as a legitimate First Nation government of the community of Lutselk’e? Thank you.

We do recognize them as the First Nation government and there’s no reason that they couldn’t serve on the interim corporation. We’re asking the band communities to form the interim corporation. Currently, we have seven of the eight band communities who have formed, or are in the process of forming, an interim corporation, so they can own real property and the capital money can flow to them. We’re sitting on close to $3 million, Mr. Speaker, in capital and gas tax money for the community of Lutselk’e. So it’s in their best interest to form a corporation and take advantage of that money. Thank you.

Will the Minister affirm that recognition and direct his staff to begin discussions with the community with the end means of funding them at similar levels as other community governments created under the NWT Act as hamlets? Thank you, Mr. Speaker.

MACA officials have been meeting with Lutselk’e staff and council to try to see if they would be willing to form an interim corporation. Mr. Speaker, we’re not asking them to change status or anything along those lines. That would be a decision that they would have to make. We are asking them for the benefit of flowing money into their community, that the GNWT is holding for them. We are asking them to form an interim corporation so that they would be able to start using the money. We continue to have discussions with them. If it comes to where it needs to be a meeting between political leaders, myself and the chief, myself and council, I would be willing to do that, because this is an opportunity for the community to receive the money that’s due them. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. Your final supplementary, Mr. Beaulieu.

Thank you. The community recognizes that the Minister is not asking them to change status, but it’s asking for provisions into the NWT Act to accommodate them. Will the Minister commit to keeping me informed and the community when these discussions are to be taking place, so I can also keep the community abreast of the most recent things that are occurring in these discussions?

The NWT Act is a federal act that we don’t change. The bands are governed by the Indian Act, so we’re working with the band to try to get them to form an interim corporation so the money can go to them. But I will commit to working very closely with the Member and seeing if we can get the message to the leadership in Lutselk’e that this is a step that they should look at taking for the benefit of getting capital land gas tax dollars into their community. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The honourable Member for Frame Lake, Ms. Bisaro.