Debates of March 23, 2010 (day 5)

Date
March
23
2010
Session
16th Assembly, 5th Session
Day
5
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, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements

QUESTION 63-16(5): GNWT REFERRAL OF CARIBOU MANAGEMENT QUESTION TO THE SUPREME COURT

Thank you, Mr. Speaker. My questions today are for the Minister of Justice. I want to ask the Minister of Justice who Cabinet consulted with on the decision to refer the question of the Government of the Northwest Territories’ legal right to impose a ban on aboriginal people from hunting to the Supreme Court of the Northwest Territories.

Speaker: MR. SPEAKER

Thank you, Mr. Yakeleya. The honourable Minister responsible for Justice, Mr. Lafferty.

Mahsi, Mr. Speaker. Under the Legal Questions Act, as the Minister responsible for Justice I have the authority to seek or pose a question to the Supreme Court of the Northwest Territories. With that we felt that we needed to do that because there were several groups that were disputing the Government of the Northwest Territories’ authority to regulate caribou harvesting. So we just wanted to reaffirm our stance that we do have the authority as the GNWT to regulate those harvests. It has been brought to the attention of the Cabinet and we proceeded with that. We did consult with the aboriginal groups, as well, the posing of the question.

Will the Minister commit to discussing any future decisions to refer matters to the Supreme Court with the Regular Members?

When we first heard about this particular concern that was brought to our attention, we felt the need to react on the question that was thrown at our GNWT as the Department of Justice and GNWT wide. As the Minister responsible for Justice, I will certainly continue to work with the Members. On a going forward basis, there are other areas that we need to pose questions to the Supreme Court and I will continue to work with the Members.

Does the Minister anticipate the ruling of the court will have an impact on future discussions involving aboriginal groups and treaty rights?

This reference question is just to clarify our authority as the GNWT to regulate caribou harvesting, it does not have any impact on the land claim groups’ aboriginal harvesting. We just want to reaffirm that we do have the authority to regulate.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. Final supplementary, Mr. Yakeleya.

Thank you, Mr. Speaker. Will the Minister consider withdrawing the reference question to the court?

The reference question is currently underway before the courts. The process is already underway.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. The honourable Member for Mackenzie Delta, Mr. Krutko.