Debates of November 4, 2010 (day 30)

Date
November
4
2010
Session
16th Assembly, 5th Session
Day
30
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, 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

MOTION 27-16(5): NORTHERN MANAGEMENT REGIME FOR LAND AND RESOURCES, CARRIED

WHEREAS the people of the Northwest Territories share common values and aspirations, including the belief that the authority to govern stems from the people to their institutions of government;

AND WHEREAS aboriginal governments are intrinsically linked as partners in designing, implementing and participating in the development of government institutions;

AND WHEREAS respect for the Northwest Territories’ diverse cultures and the desire to live in balance with the land are cornerstones of our future and those of our governments;

AND WHEREAS the recent draft Agreement-in-Principle on Devolution of Lands and Resources underscores the need for public and inclusive consultation on a northern management regime for lands and resources;

AND WHEREAS the early establishment of a northern management regime for lands and resources is integral for a seamless transition when the final devolution agreement is ultimately implemented;

AND WHEREAS this would be an important step toward constitutional development in a united Northwest Territories;

NOW THEREFORE I MOVE, seconded by the honourable Member for Yellowknife Centre, that this Legislative Assembly strongly recommends that the Premier immediately commence a public consultation process, in partnership with the Standing Committee on Priorities and Planning, to determine the shape of a northern management regime for land and resources;

AND FURTHER, that recommendations on the proposed implementation of this regime be included in transition documents and planning for the 17th Legislative Assembly.

Speaker: MR. SPEAKER

Thank you, Mr. Yakeleya. To the motion. The honourable Member for Sahtu, Mr. Yakeleya.

Thank you, Mr. Speaker. The people of the Northwest Territories, from my stories from the elders, have traditionally been self-reliant and have governed themselves for thousands of years. More recent arrivals in the Territories have been fiercely independent also. All of us believe that our government should be of the people and who can work out things together. Our system of government has grown, Mr. Speaker, and it has taken on more authority over the last 50 years. Aboriginal peoples have settled land claims and have actually set up their own governments based on both tradition and the needs of today’s world. The various levels of governments in the Northwest Territories are now partnerships working together on unique systems built in the North for all northern people.

Mr. Speaker, we have always lived in balance with this land. People from many cultures have been drawn to the Territories, have fallen in love with our pristine land, largely unscarred and free of pollution. People of the various cultures in the Northwest Territories have had differences from time to time, but we learn to respect each other and take the best of all and forge on with our future together.

The draft agreement-in-principle on land and resources could be a very serious step towards becoming masters in our own land. We all want to take the authority that is rightfully ours that has long rested with the federal government in Ottawa. It is an issue that concerns every person in the Northwest Territories and every level of government. The people must be informed about this process. The people must have a say in how we manage our land and resources. So far there has been no real process to consult with the people of the Northwest Territories on this and this needs to be done.

We know that the AIP calls for the existing system of managing lands and resources to simply be moved from the federal government to the Territories under similar legislation. This is the first step so things run smoothly. But in the long run, Mr. Speaker, we want better management of lands and resources. We want a system that is made in the North, taking the best parts of the old system and improving on it. If there is a final agreement on devolution of lands and resources, we should know where we’re going. We should have the plans of our own for a better system of management that works at all levels, including the aboriginal governments.

Unfortunately, this work could be a big step towards constitution development in the Northwest Territories. Many of us in this room remember the work done in the past decades by the Western Constitutional Forum, the Constitution Alliance and the Bourque Commission for constitution development. There have been a lot of good ideas but very little has been done to implement them. I hope we will now start the process of building on the best work in the past. We can, and should, work on the system in which aboriginal governments and public governments can work together.

These are some of the reasons, Mr. Speaker, I am asking the Premier to start a public consultation process working with all Regular Members through the Standing Committee on Priorities and Planning. The goal is to determine the shape of our future management regime for land and resources. Mr. Speaker, we need to do this if this AIP is to produce an acceptable final agreement that works for all Northerners.

Mr. Speaker, all Members of the next Legislative Assembly will have to work hard on these issues. That is why we need to get started and make recommendations for the next Assembly. Mahsi cho, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Yakeleya. To the motion. The honourable Member for Weledeh, Mr. Bromley.

Thank you, Mr. Speaker. I want to speak briefly to this motion. I think, first of all, I want to thank my colleagues for bringing this forward. I think the House knows that I have spoken a number of times on this issue, so I will be voting in support.

Mr. Speaker, this is really all about values and capturing those values as we go forward in our development as a jurisdiction. We need a comprehensive process, a process that is of the people, for the people and by the people and that strives to get at those values and capture them in a way that shows how they will be incorporated into our management regimes in the future.

Hopefully this can be done in a process once the AIP is signed and before final agreement. That is what we are calling for here. If not, if we don’t sign an AIP now, then this should be the basis for a new AIP as negotiations proceed.

I think we need to subscribe to the principles that we already established in the North, perseverance, patience and high standards as we go forward in our development, and particularly inclusivity. That is everybody at the table and in support. Mahsi.

Speaker: MR. SPEAKER

Thank you, Mr. Bromley. To the motion. The honourable Member for Yellowknife Centre, Mr. Hawkins.

Thank you, Mr. Speaker. I clearly support this motion and I think it is a good thing. I believe strongly that the public inclusion and collaboration on future development of land and resources and our management regime are critical.

Mr. Speaker, I think the public needs to be involved and we need to find a way that does involve them in the appropriate way that we do business. Mr. Speaker, that does not mean we advocate or I should say I advocate that we negotiate in public with our devolution agreements through our AIP being posted on the web or who knows how they get there, but the reality is that public consultation and collaboration needs to be done and enshrined in our process that we show and demonstrate that we are working towards a final outcome someday, representing their values and aspirations. That is what needs to be done. It can’t be soon, but it needs to be clearly demonstrated.

This motion speaks to the process of working towards a method that includes our public and showing that we don’t just care for them, we also hear their concerns. We are working with their dreams.

Mr. Speaker, again, I will be supporting the motion. I am not sure if the seconder usually asks for a recorded vote, but in case it gets missed at this time, I will make sure I request it this time. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Hawkins. To the motion. The honourable Minister of Industry, Tourism and Investment, Mr. Bob McLeod.

Mr. Speaker, we all want to make a better land and resource management regime for the people of the Northwest Territories. This is one of the reasons we support devolution efforts. This motion runs counter to the intent of the draft agreement-in-principle which proposes a Government of the Northwest Territories to aboriginal government relationship that contemplates a political forum related to resource management and its regulatory regime in the Northwest Territories that respects all governments’ authorities. It would be disingenuous of this government and the Assembly to launch out on a separate initiative. Further, the land claim agreements already provide for land use plans to be developed for claimant regions that will reflect the values and principles of the citizens of that region. In fact, as Members are aware, a number of plans are already in various stages of development and approval. We find the motion to be well intentioned but fails to consider the current negotiations and existing mechanisms related to land management.

The motion would also require an investment of significant resources that are simply not available. However, resources will become available as a result of devolution, which will lead to the overall review and renewal of the land and resource management regime in the Northwest Territories within the context of a government-to-government relationship.

We must also recognize that the transition of regimes under a federal system to a territorial system will have to be carefully managed to allow for as smooth a transition as possible. The fact that mirror legislation may be put in place as an initial step should not discourage anyone. Such a process would allow the Government of the Northwest Territories and aboriginal governments to collaborate with all stakeholders, and future legislators will be able to manage the necessary legislative changes as they deem best. The Member’s motion, inasmuch as it supports the goals of devolution, is positive; however, it is our view that it is not practical in this point in time. For this reason, Cabinet will be abstaining from the motion. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. I will go to the mover of the motion for his closing comment. Mr. Yakeleya.

Thank you, Mr. Speaker. I thought about this motion and due to the sudden developments of the draft AIP, I said there is something missing here. There is something seriously flawed with this process here. That is why I asked to have this motion come to the House for some discussion.

We need to look at a public consultation process. Mr. Speaker, I have been in the negotiations business for a bit before I became the MLA for Sahtu. Any type of drastic changes to our communities or the way we will run our communities, when we come to a process of putting an agreement together and having the people look at it and discuss it, we make sure that we have public consultation either be the Sahtu Dene-Metis claim or the Tulita Yamoria Secretariat self-government agreement. We do it in an open fashion. We talk about our values and how do we incorporate aboriginal community values, traditional values, Dene-Metis values into a government. We have our discussions with the parties, be it the federal government, territorial government that is there, and we come to an agreement. Then we have the public consultation that we go house to house to say, do you agree or not?

This is the farthest we have gone. This I did not see in this process here. We have to do that. I want to see this government here look at it. The AIP is also a constitution process, a process that we could have discussions with people in the Northwest Territories. People are going to be affected by it and get ready for the 17th and have the discussion also on the 17th.

Mr. Speaker, I want to know that this motion did not say no to the AIP. It says how do we go about going forward. Right now we’re kicking and screaming. Some of the aboriginal groups are kicking and screaming and saying come on, we’ve got something good for you. We’ve got to have some serious discussions on consultation and the process, because right now that is not happening. There are some significant changes that need to happen, significant changes that need to be discussed and, really, we need to talk about the values of working together in the Northwest Territories. If we cannot have this discussion, then really we’re truly fooling ourselves to say that we can work together on some issues.

This one is the big one. This one is the framework of the type of house we’re going to have in the Northwest Territories, and it’s going to be built by all people in the Northwest Territories, aboriginal and public government. We’ve got to have that.

This negotiation, certainly this draft AIP does not speak to that. There are some key components that are not in there in the framework. So I wanted to say that to the Premier and to Cabinet, that we really need to look at what we mean by partnership, and not to use that word very lightly in terms of developing the North together.