Debates of February 3, 2010 (day 21)
QUESTION 243-16(4): IMPLEMENTATION OF GNWT CONSULTATION FRAMEWORK
Thank you, Mr. Speaker. Mr. Speaker, my question is to the Minister of Aboriginal Affairs. I want to ask the Minister: does the Minister have a government-wide consultation guideline policy when it comes to aboriginal people in the Northwest Territories?
Thank you, Mr. Yakeleya. The honourable Minister of Aboriginal Affairs and Intergovernmental Relations, Mr. Roland.
Thank you, Mr. Speaker. Mr. Speaker, the Department of Aboriginal Affairs and Intergovernmental Relations has worked on a consultation framework and worked with departments on our processes and how we interact on business as it involves the aboriginal governments across the Territory. So, yes. Thank you.
Mr. Speaker, the framework that the Minister has made reference and about working with the other departments in terms of a government-wide consultation process, I want to ask the Minister, in terms of this consultation guideline, has this guideline been used in terms of dealing with this issue here that we’re talking about in terms of the caribou and the issues surrounding the banning of the caribou in this particular area?
Mr. Speaker, the consultation framework that we have been working on and continue to work on implementation plans with departments, it’s up to each department to go through that process and determine the responsibility and the level of responsibility based on the claims that are out there, existing claims. So that’s in place. We provide that and we have some reference material and a consultation resource guide and some training modules that we’re starting to roll out there. But it’s the responsibility of each department, and that goes around the existing frameworks we have in place. As we heard earlier during the Member’s statements around some of our existing claims and the resource councils and the hunters and trappers councils, for example, those are part of our practice. There is a set difference, though, when it comes to some of the responsibilities that we have when it comes to emergency measures as well. Thank you.
Mr. Speaker, in terms of the consultation framework and the various departments that interpret, I’m trying to think if this is what the Minister is saying, that each department interprets their own process of consultation. Can the Minister then provide to this House in terms of how does the Minister of Aboriginal Affairs monitor and evaluate if this is the process that we’re going to use in terms of lessons to be learned through this exercise.
Mr. Speaker, the process we have established to clearly define our processes is one where we’re working on an implementation plan. What we do have in place right now, each department is responsible for determining whether a duty exists depending on the claims that are in place, self-government agreements that are in place, the decisions made across Canada that have affected aboriginal rights and responsibilities and responsibilities of governments that have jurisdiction. So that’s in place and each department then, within their authority, has that information available to them. But we are working on an implementation to make it clear. We’ve been working with the Department of Justice on this and we are working on the implementation plan and prepared to come to Members once we have that plan ready to go. Thank you.
Thank you, Mr. Roland. Final supplementary, Mr. Yakeleya.
Thank you, Mr. Speaker. Mr. Speaker, one of the legal court cases, I think it’s the Delgamuukw court case that puts the issue of government-wide consultation guidelines in terms of affected parties such as the aboriginal peoples and their rights. The Minister has indicated the implementation plan and possibly this side of the House will see some discussion paper on policy in terms of the consultation. I’m very surprised that we have not yet seen, to date, the implementation plan or just how they’re going to be used by this department. I would ask if the Minister would share that with the House as soon as possible in terms of having some good discussions as to how we can go forward on this issue such as the one with the caribou.
We have presented to committee the initial work that we are going to do on consultation. The framework, we’re working on an implementation plan. But that does not mean we have not been in a consultative framework. We, across the government, have a process watching our claims and trying to ensure departments pay attention to that as we make any decisions around government programs, services, delivery and so on and so forth. But we realize we need to have a clearer framework and that’s what we’re doing. As soon as we have our implementation plan ready, we’ll be scheduling time with committees. Thank you.
Thank you, Mr. Roland. The honourable Member for Nahendeh, Mr. Menicoche.