Debates of June 1, 2009 (day 32)

Date
June
1
2009
Session
16th Assembly, 3rd Session
Day
32
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, Mr. Jacobson, 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 370-16(3): CONFLICT BETWEEN FERRY OPERATIONS AND SUBSISTENCE HARVESTER

Thank you, Mr. Speaker. In regard to my Member’s statement, I raised the issue of conflicts between harvesters to subsistence and also government operations. In particular, the ferry operations on the Mackenzie in regard to the Nazon fishing camp, which is on the Inuvik side of the river and has been located there long before the highway was even built.

In the Gwich’in Land Claim Agreement there is a conflict resolution section, which is 12.4.13. I think it’s important that this government maybe consider reading that, because I think this government has to either resolve this dispute with the individual and try to avoid this conflict regarding traditional right to harvest, but more importantly work with the community’s renewable resource council to avoid this conflict.

I’d like to ask the Minister, in light of the letters that he’s received and I’ve received and the discussions we’ve had on this over the last couple of months, has he considered the possibility of moving where the conflict area is back to the location where the ferry always landed so that this conflict can be resolved and the Nazon family can continue to fish in their traditional fishing area, where they fished long before this ferry operation was located there?

Speaker: MR. SPEAKER

Thank you, Mr. Krutko. The honourable Minister responsible for Transportation, Mr. Michael McLeod.

Mr. Speaker, in all our projects and operations within Transportation and other departments across the government we always worked towards ensuring that our constituents and residents across the Territories have the benefit of operating and living their traditional and cultural lifestyle without any disturbance. Setting up operations in this instance, such as the ferry operations, has involved a lot of people, including a lot of the elders and incorporating traditional knowledge. It’s been an area that we’ve used for operations for quite a few years. In the last while we had an instance where, I think due to certain conditions, the ferry had landed close to an individual’s camp. We also had some correspondence from the same individual raising concern that the operation was still fairly close to where she practised her cultural living. There was greater possibility that there could be a collision between our ferry and her boats, and interference with her ability to set a net. We are responding to her. We had not planned to move the operations, but we’d like to have the discussions to ensure that this doesn’t interfere with her ability to catch fish, and also that the ferry landing close to her camp was a one-time occasion and that we’ll take all steps to ensure that doesn’t happen again.

Again, Ms. Nazon is not asking that they move the complete ferry operations away from that site. We know it’s a physical fixture there. All we ask is that the Department of Transportation’s marine operations consider moving the ferry where the conflict area is down 50 feet. The ferry has four engines. It moves back and forth. Their ability to land...If you’re a captain on that vessel you shouldn’t have a problem with that. So all we’re asking is would you consider moving away from this conflict area and establishing your landing and approaching area in a more reasonable location so this conflict doesn’t exist in the future?

I think there are two issues that are tripping over each other in this situation. One is being the ferry operation utilizing the site that’s been in place since the 1980s might be somehow interfering with the individual’s traditional lifestyle practices and also an occasion where the ferry did land practically at her camp. I’m going to need to find some clarity as to what the real issue is and we’ll have our staff meet with the Member’s constituent to clarify what the actual request is and look at what the 50 feet would entail to move the landing, if that’s possible.

Like the Minister mentioned, this issue has been around for a couple years now. It’s not like it just happened yesterday. This issue has come to this House about three or four times, as long as I’ve been here. They basically requested that when the last permits were issued for the department’s marine operations with regard to landing at those locations, they requested that a study be done a number of years ago regarding this particular issue.

So I’d like to ask the Minister, in regard to the Gwich’in Land Claim Agreement 12.4.13 where it talks about these type of disputes and the mechanisms that are there to resolve it, and the option to go to arbitration, is that what this government wants? Are they willing to follow the Land Claim Agreement in regard to this type of conflict between harvesters and developers?

I’m becoming more and more familiar with the Gwich’in land claim as the Member provides us quotes almost on a daily basis of where the issues are raising concern.

The issue may have been around for many years. I’ve only recently been brought into the fold and been asked to take a look at it. I am responding to the Member’s constituent. I’d be glad to look at the site and the proposal that the Member is bringing forward and respond accordingly.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. Final supplementary, Mr. Krutko.

Thank you, Mr. Speaker. I look forward to this issue being resolved soon. Fishing season is coming before us. I think that we’re hoping to have this, I believe in the letter it states, in July. I’d like to ask the Minister if he can have a resolution to this issue within the next two weeks, prior to the fishing season in July.

I think in this situation we certainly have to look at the long term. As I mentioned earlier, this has been a site that has been used by our department, by our ferry services for roughly 30 years. In that part of the country there is erosion of the soil, there is erosion of the riverbanks, and it has moved our landing so that it’s becoming a concern for some of the people who are utilizing the area for traditional harvesting of fish. I think we need to sit down and make sure that if we’re going to make any changes, it has to be a solution that’s going to be acceptable for many years to come. I would be prepared to do that. We are responding to the Member’s constituent. We’ll have that letter out in a day or two. However, I think a long-term solution has to be looked at. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The honourable Member for Frame Lake, Ms. Bisaro.