Debates of February 4, 2011 (day 33)

Date
February
4
2011
Session
16th Assembly, 5th Session
Day
33
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, 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 375-16(5): DEVOLUTION AGREEMENT-IN-PRINCIPLE

Thank you, Mr. Speaker. I have questions for the Premier on the AIP. The devolution AIP is a roadmap that sets out the course of negotiations for the final agreement that the final agreement will follow. Five Aboriginal governments have already indicated some portions of the AIP are not in their best interest. Aboriginal governments have reiterated their substantive concerns with the AIP to the GNWT. The Premier wishes to include Aboriginal in the final agreement and if this requires a departure from the existing terms of the AIP to accommodate the interests of the Aboriginal, will the Premier agree to alter the course that the AIP currently sets for negotiation of the devolution agreement in order to make devolution work? In other words, is the Premier prepared to deviate from the terms of the AIP if that’s what’s required to accommodate the interests of the Aboriginal?

Speaker: MR. SPEAKER

Thank you, Mr. Beaulieu. The honourable Premier, Mr. Roland.

Thank you, Mr. Speaker. We’ve been through the process of working up to the AIP. We’ve heard some of the concerns. We’ve tried to address it through, for example, chapter 4, where we talk about protection of Aboriginal rights as concerns about those groups that have land claims and self-government that are in the negotiation process. We’ve incorporated the language in the signed AIP that sets out the protection and the wording and with the input of the representatives of the groups at the table to put in the language that protects Aboriginal rights. Certainly the fact that the Constitution itself stands and we respect all of those rights as we go forward. We’ve incorporated the language. I could go clause by clause to do this, but we’d use up all the time of the Assembly on this. We’ve incorporated the language to try to bring comfort to the groups that we will not take away any rights that are established out there. In fact, through this and chapter 6 we think we can grow together.

As for saying we will alter the agreement that has been signed, that is not the position of the Government of the Northwest Territories. We believe we can accommodate some of the issues as we go forward in setting our mandates for negotiations towards a final agreement in that. Again, that is why it is so important that the groups come back into the tent and join those that have been there and look at a way forward on this.

I’d like to thank the Premier for that answer. I think a deviation of the AIP is needed, but it’s apparent the government is not prepared to do that. According to the history, Aboriginal people are the true landowners of the Northwest Territories. Does the Premier acknowledge that the Aboriginal people are the true landowners and also landowners of the resources in that land?

The Canadian Constitution is clear about the agreements that have been signed and settled, and those that are... In fact, this agreement-in-principle goes clearly even into the areas where there are negotiations ongoing. The fact that both ourselves and the federal government have heard from the groups that are in negotiations, the clause that’s in there that the federal government can come back in and reach into those Crown lands that have been transferred to the GNWT and alter that so that the groups negotiating aren’t squeezed into a box that has been predetermined. It leaves that open for future negotiations as we go forward.

As the Government of the Northwest Territories, the agreements that have been signed, the language in this agreement-in-principle clearly states that we recognize those rights and authorities that are established.

On January 13, 2011, Aboriginal governments presented a protocol agreement to the Minister. The Premier had made some changes and presented it back to the Aboriginal governments. The Aboriginal governments didn’t accept that. Is the Premier prepared to go back to Aboriginals and seriously consider the protocol agreement that was sent to him in its form on January 13, 2011?

The protocol agreement that we helped in the process -- mind you, we were given a final draft copy late and let’s realize that a protocol is worked on with all partners -- we helped and supported the protocol work of the regional groups. I’d asked at a number of meetings if we would be provided an early draft so that we could respond, if there were concerns with the language that was in there that would not work with us. Unfortunately, we were given a final draft, we had to respond quickly. As I was open with the leaders that I met with and the technical staff that they had that I met with on January 6th saying that it was the last week of January that we were aware that Minister Duncan was coming up and we were planning to work on an agreement-in-principle signing and hopefully we would have the protocol at least initialled by the groups and a way forward. Clearly, the protocol that was written had language in it that said if we signed it, we would not sign an agreement-in-principle, that there needed to be some of the key issues, as they felt, negotiated first; which was the Constitution, which was resource revenue sharing, which was power sharing, which all have their place but have their place in a negotiation process.

Speaker: MR. SPEAKER

Thank you, Mr. Roland. Final supplementary, Mr. Beaulieu.

Thank you, Mr. Speaker. Just to shift gears a little bit and recognizing that the Premier covered some of this in response to Ms. Bisaro, when will the Premier start a communication strategy to begin dialogue with Aboriginal governments and consider their input in the AIP?

We are working at a very fast pace since the signing to begin to put plain language, number one, householder in there and then to have Aboriginal languages do the interpretation, and we’ll provide that to homes across the North as well as through the radio. As well, the communications with the regional leaders, we’re picking up and getting back to them to say are they ready to sit down with us, and looking at going into communities with information sessions to have all of that information ready.

In the Executive side, devolution, we’re a small team now. We’ve returned much of our money, previous years’, because things were not moving ahead. We’ll have to revamp and look at how we get into those communities with those information sessions so that we can provide that. We’re working at that now. I can’t give you an absolute date but, for example, I’ll be looking at material this weekend so that we can hopefully get something out to the firms that could print this information and get it out to households as soon as possible. The Aboriginal language piece we’re working with Education, Culture and Employment on the language side as well as looking to communities for interpreters that could help us in this work.

Speaker: MR. SPEAKER

Thank you, Mr. Roland. The honourable Member for Hay River South, Mrs. Groenewegen.