Debates of May 30, 2023 (day 157)

Date
May
30
2023
Session
19th Assembly, 2nd Session
Day
157
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Mr. Edjericon, Hon. Julie Green, Mr. Jacobson, Mr. Johnson, Ms. Martselos, Ms. Nokleby, Mr. O’Reilly, Hon. R.J. Simpson, Mr. Rocky Simpson, Ms. Semmler, Hon. Shane Thompson, Hon. Caroline Wawzonek, Ms. Weyallon Armstrong
Topics
Statements

Question 1535-19(2): Land Claims

Thank you, Mr. Speaker. As committee has been dealing with its UNDRIP legislation, I think it's fair to say there are some fairly high expectations about what the government is willing to change and there are some fairly tall asks being made of the government, and I think it is in everyone's interest that the GNWT be transparent about what it is and isn't willing to do. The GNWT, in that legislation, commits that Indigenous rights are not frozen in time; they are capable of evolution and growth. We have heard that if that is true, then cede and surrender language in agreements is not appropriate and that it should be removed.

My question is, is this the position of the GNWT, that if an Indigenous government wants that language removed from their agreement that we are willing to do that? Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Yellowknife North. Honourable Premier.

Thank you, Mr. Speaker. The GNWT is being very transparent about how we feel about that issue. We publicly stated it's or interests parties. Mr. Speaker, I think that not all agreements have the cease and surrender. The ones that do, there are issues with it. I know that I get concerns on both sides. Sometimes Indigenous governments say, you know, you're taking too long, we want to have it general, and make it broader and we can look at it later.

But I've learned from reading agreements, and I've learned the problems that happen when you don't have clarity in agreements. So I've been a real stickler, Mr. Speaker, that to try to make the agreements as plain language as possible so that there aren't the misunderstandings that I've seen happen in previous agreements. So, yes, Mr. Speaker, I think that clause it's a federal government clause my understanding, the cease and surrender is not appropriate in this time and day. But I also believe, Mr. Speaker, that agreements need to be as clear as possible in as plain language as possible so that all parties, not just the lawyers, understand the meaning of these agreements. Thank you, Mr. Speaker.

Yeah, thank you, Mr. Speaker. I'm glad to hear that. You know, I think we all know there's a lack of trust and there's still a narrative of the government going up and down the valley, and you know, putting those cede and surrender clauses in, and I think it would be a symbolic win to get them out and to show that we are willing to move on.

We've also heard that for truly free and prior informed consent to exist, perhaps the current regulatory system, although, you know, a great madeinthe North solution, is not one truly built on consent. There is a number of things in agreements where GNWT or federal Ministers still have the last say. I'm wondering if the GNWT has a position on reopening existing agreements on some of those larger questions around consent? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Again, like I said earlier, all agreements are a little bit different in terminology. Some of the agreements actually have it that they can be opened at any time. I do think that if agreements I think that an agreement that's signed at any time should actually be looked into it. It should not be something that is one time, if you made a mistake you're stuck with it forever. However, in saying that, Mr. Speaker, I'm also very conscious of the amount of agreements that we want to get across the table and so, therefore, Mr. Speaker, I've been really focusing on getting the unsigned agreements done but still being flexible and working as much as possible with the existing agreements and the Indigenous governments applicable. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. Yesterday in this House, the Premier referred to a number of agreements that I believe they were in draft stage and going out for consultation. I'm just wondering when and if, at all, those will be available for the public to see or myself to see? You know, it's been about 20 years, I think, since you can see whether the GNWT's negotiating position has changed on these matters. There's not a lot of documents out there that shows where we are currently where we have been negotiating for decades. So I'd be very interested to see where we're at and what's changed in the last couple decades. Are any of those going to be public any time soon? Thank you, Mr. Speaker.

Thank you, Mr. Speaker. I think in this term of this government we've done a lot in regards to land claims, selfgovernment agreements. In fact, we had two years of COVID that people don't would rather not remember, including myself, and that often I've said you can't talk about that. But the amount of work that this government has done in the two years after COVID with these agreements has been phenomenal, Mr. Speaker. As I said yesterday, we have three agreements in draft. They're not called draft because they're not done or proposed. They're called draft, Mr. Speaker, because part of the process of actually doing agreements is that we have to consult with all the other Indigenous governments to make sure that they don't have concerns, that we're not impeding on their rights. So they're called draft, Mr. Speaker, because once we get that consultation process done, which usually takes between four months to eight months, then we have a final agreement. But in that time, if an Indigenous government says, whoa, you're stepping on my rights, I'm not okay with this, then we may have to change that agreement and that's why they're called draft, Mr. Speaker. So I am hopeful that at least one of them the Norman Wells SelfGovernment Agreement I am hopeful that we'll be able to sign it off final agreement in this government. At that time, it would be public.

In saying that, Mr. Speaker, if it's not done, all three in this government, I would say in very early in the next government that that agreement will be the first one to cross the line. And once they're done, I believe they're public. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Madam Premier. Final supplementary. Member for Yellowknife North.

Yeah, thank you, Mr. Speaker. You know, unfortunately, this is an area where, you know, doing a lot doesn't really count until it's signed and the ink is dry. It's unfortunate. We've been doing a lot for 20 years. I know many negotiators who have poured their entire careers into this, and I'm not you know, I don't want to take away from their work. But it's tough work. I guess, you know, if this is the path we're on where we have three draft agreements, maybe one in the life of this Assembly. I'm wondering if the Premier has any kind of direction on how we can speed this up, or is it just the reality that we're every Assembly will maybe get one, and that's the pace we're on, in which case I think we have got another hundred years before we're done. Thank you, Mr. Speaker.

Thank you, Mr. Speaker. As stated, right now all those agreements are in the final stage of them; they are in the consultation phase. I have sent letters to the Indigenous governments applicable saying here's the agreements. They are in confidence, let me know if you have concerns. I can't speed up I'm not willing to push them on that. But if the Member thinks that he should that we should, then I would invite the Member. I'll give the list of the Indigenous governments. He's more than willing to write a letter to them and say he wants it done by this Assembly. But, Mr. Speaker, I've been firm all through this Assembly, and I've stated that with the United Nations Declaration, if we respect Indigenous governments, then it cannot be on the timeline of this Assembly so that Members here can take glory. It has to be done right. And that means that the Indigenous governments have to be ready to sign on. I'm ready to sign today. But I respect them, and I will wait until they have done their process. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Madam Premier. Oral questions. Member for Monfwi.