Debates of October 29, 2018 (day 45)

Date
October
29
2018
Session
18th Assembly, 3rd Session
Day
45
Members Present
Hon. Glen Abernethy, Mr. Beaulieu, Mr. Blake, Hon. Caroline Cochrane, Ms. Green, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. McNeely, Hon. Alfred Moses, Mr. Nadli, Mr. Nakimayak, Mr. O'Reilly, Hon. Wally Schumann, Hon. Louis Sebert, Mr. Simpson, Mr. Testart, Mr. Thompson, Mr. Vanthuyne
Topics
Statements

Question 465-18(3): Rights-Based Cabins in the Northwest Territories

Thank you, Mr. Speaker. Last week you heard me ask about rights-based cabins to the Minister of Lands. I am going to actually move my questioning to the Premier. Can the Premier advise what consultation has been done by the Department of Executive and Indigenous Affairs with Indigenous governments about the process of determining what cabins in their area are rights-based cabins? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. The Honourable Premier.

Thank you, Mr. Speaker. The Department of Lands is leading the Government of the Northwest Territories' efforts to identify legal rights-based cabins on public land in the Northwest Territories. Lands is currently engaging, on a government-to-government basis and at the working level with Indigenous governments, to discuss how rights-based cabins can be identified and managed in a way that is respectful of Aboriginal and treaty rights.

The Department of Executive and Indigenous Affairs is not directly conducting the consultation or engagement on this initiative but has provided advice on the approach used by Lands to ensure that it is consistent with the Government of the Northwest Territories' engagement principles, negotiations, efforts, and our processes for consultation. Thank you, Mr. Speaker.

I appreciate the answer from the Premier. Can the Premier advise this House if there has been any feedback from the Indigenous governments that is affecting the government's now proposed identifying of rights-based cabins?

The Government of the Northwest Territories recognizes and respects Aboriginal and treaty rights, including the rights of Indigenous peoples to build and use a cabin on public land that supports their rights to hunt, fish, and trap.

The Department of Lands is out engaging with Indigenous governments to discuss how best to identify and manage rights-based cabins. It is premature to say specifically how the feedback will affect any future process. The Department of Lands will use the feedback from the current engagement process to ensure that any future actions related to unauthorized occupancy will respect Aboriginal treaty rights and will not adversely impact rights-based cabins.

I appreciate the response from the Premier. Mr. Speaker, how, if at all, has the approach for identifying and registering rights-based cabins differ in regions with settled claims and unsettled claims?

The Government of the Northwest Territories is aware that some of these untenured structures may be associated with an asserted right in areas with unsettled claims or Aboriginal and/or treaty rights as established through a settled claim. In all instances, the Government of the Northwest Territories is respectful of Aboriginal treaty rights and wishes to develop a respectful approach to managing rights-based cabins in order to distinguish those cabins from untenured cabins.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Nahendeh.

Thank you, Mr. Speaker. Again, I thank the Premier for his answer. Mr. Speaker, can the Premier tell us what recommendation EIA has made about effective communications with people who have traditional cabins, and how is EIA making sure these guidelines are followed? Thank you, Mr. Speaker.

The Department of Lands participates actively in an interdepartmental Aboriginal consultation working group that is led by the Department of EIA and assists departments to implement best practices for engagement and consultation. The Government of the Northwest Territories' consultation approaches are intended to support respectful government-to-government consultation and engagement and to carry out effective communications with Indigenous governments.

The Government of the Northwest Territories values its relationships with Indigenous governments. Our doors are open. If an Indigenous government has concerns over this process or any other, they are welcome to come to us and identify those, either as a specific concern or during our bilateral government-to-government meetings. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Masi. Oral questions. Member for Yellowknife North.