Debates of February 8, 2010 (day 23)

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Statements

MINISTER’S STATEMENT 57-16(4): REFERRING THE QUESTIONS OF AUTHORITY TO REGULATE CARIBOU HARVESTING

Mahsi, Mr. Speaker, Mr. Speaker, the government is concerned about the long-term health of the Bathurst caribou herd; so concerned, in fact, that my colleague the Minister of Environment and Natural Resources enacted an outright hunting ban in an area covering the herd’s wintering grounds.

Mr. Speaker, it is the view of our government that the authority to make such regulations is clearly held by the Government of the Northwest Territories; without that conviction, we could not have acted, It is also clear that the Dene Nation and some aboriginal governments do not believe that to be true. We have even heard some Members of

this Assembly express doubts about the legislative base of the government they are part of.

Mr. Speaker, even when the people do not agree with their government all the time, it is important that they should trust that their government acts in their interest and within its powers, This matter before us, the long-term health of the barren-ground caribou is critical and requires immediate action. In taking action, it is also important that we ensure the people of the Northwest Territories have the same clear understanding of which government holds the necessary authority to protect barren-ground caribou.

For that reason, Mr. Speaker, with the support of Cabinet, I will be referring a question to the NWT Supreme Court and the Legal Questions Act, asking it to rule on the Government of the Northwest Territories’ legislative authority to regulate aboriginal hunting of barren-ground caribou.

The question that I will refer to the court is about the authority the Government of the Northwest Territories holds to regulate hunting by aboriginal people of barren-ground caribou. This is about clarifying for the public and for aboriginal governments in the Northwest Territories, which order of government holds the authority to act, to ensure the long-term health of the barren-ground caribou herds in the Northwest Territories.

Mr. Speaker, at a later date, I will provide information for Members about the process that will be followed in addressing this question. While I cannot speak for how the court will act, or when, I believe the process will be inclusive and produce a timely result. Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. The honourable Minister of Health and Social Services, Ms. Lee.