Thank you, Mr. Speaker. Alienating the members of Treaty 8 and Treaty 11 from the signing of the devolution agreement undermines the fundamental basis of treaty rights in the Northwest Territories with treaty Indians.
The majority of the lands in the Northwest Territories are covered by two treaties: Treaty 8 and Treaty 11. In 1898 Treaty 8 was signed in the southern part of the Northwest Territories. In 1921 Treaty 11 was signed in the northern part of the Northwest Territories, which goes all the way to the Arctic Ocean.
In 1973 the Dene Nation led a court challenge, better known as the Paulette Case, which clearly defined that the Dene did not extinguish their rights under Treaty 8 and Treaty 11 to lands and resources. It clearly defined that they do have fundamental rights to lands and resources throughout Treaty 8 and throughout Treaty 11. There was also the Calder case in B.C. with regard to the Nisga’a which clearly defined that there has to be a comprehensive claims process to allow for those rights to be negotiated and defined.
Under the Dene/Metis claim, which took place during the ‘70s and ‘80s which clearly illustrated and identified the rights to lands resources, the management of land, water and resources, and also the fundamental rights in regard hunting, fishing and gathering. The Government of the Northwest Territories are not honouring their obligations under the modern day treaties or Treaty 11 and Treaty 8 with regard to the fundamental rights of indigenous people that are protected under Section 35 of the Canadian Constitution and also recognized under the UN Declaration for Indigenous Peoples.
That is the problem I see with devolution. You do not have the Dene people signed onto that agreement which affects treaty lands, Treaty 8, Treaty 11. The groups that have signed on do not have treaties. For me, that is the issue. The fundamental treaty rights of these indigenous people who are indigenous to the Mackenzie Valley which encompasses the largest portion of the Northwest Territories and who is going to be affected by this devolution agreement is being undermined by the government and is not fulfilling its obligations and ensuring that they will be full participants and that this shall be included in all negotiations that affect them.
I will have questions for the Minister of Finance later.
Thank you, Mr. Krutko. The honourable Member for Yellowknife Centre, Mr. Hawkins.
