Debates of February 4, 2010 (day 22)

Statements

QUESTION 257-16(4): CARIBOU MANAGEMENT MEASURES

Thank you, Mr. Speaker. Again I would like to raise the issue I raised yesterday in regards to the ministerial authority to take the action that he did and exactly where did that authority come from. We have the NWT Wildlife Act. We have the NWT Act. We have treaties. We have land claim agreements. We also have Section 35 in the Canadian Constitution that recognizes an inherence to aboriginal rights in Canada in regards to treaty rights and the rights of First Nations people. I would like to ask the question, under what authority did the Minister make the decision to move forward and the decision to impose this restriction?

Speaker: MR. SPEAKER

Thank you, Mr. Krutko. The honourable Minister of Environment and Natural Resources, Mr. Miltenberger.

Thank you, Mr. Speaker. The Member has basically listed the enabling legislation and subsequent authorities that we have used. The Northwest Territories Act, of course, is what gives us the ability to sit here in this forum to do the work of the people of the Northwest Territories. We have worked, and are working long and hard, to take over the decisions collectively as Northerners for the land and resources. Wildlife is one of the jurisdictions that we have authority over, as Minister Strahl confirmed when he was here last week. So the Northwest Territories Act and the Wildlife Act. Thank you.

Thank you. My understanding is that I tabled a document yesterday where I believe there was an Order-in-Council passed in 1960, which basically allowed certain restrictions on certain species in regard to barren-ground caribou, muskox, polar bear and the Wood Buffalo. Is that the authority you’re talking about when you talk about the NWT Act, the Order-in-Council that was passed in 1960, is that where you got the authority from?

Thank you. Clearly that document from 1960 that lists the barren land caribou and muskox, polar bear and bison, is one of the documents that enable us to do the work that we are doing. Thank you.

Aboriginal people have come a long ways since 1960. In 1960 they weren’t even able to vote.

Since then, Mr. Speaker, the aboriginal people in the Northwest Territories and Canada have progressed to a point where we’re finally recognized in the Canadian Constitution under Section 35, which recognized the right as aboriginal people and acknowledges their treaties, Treaty 8 and Treaty 11 in the Northwest Territories, and also upholds the land claim agreements that we negotiated. I believe by not finding the legal opinion on what grounds you made that decision on and not falling back on Section 35 and those land claim agreements, I believe you have not done due diligence by allowing due process in ensuring that you made the decision, you made the right decision and you allowed for due process to take place by consulting all affected parties in this matter. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Krutko. I didn’t hear a question there. The honourable Member for Nahendeh, Mr. Menicoche.