The Member is using the letter for his preamble, but the direct question to the Minister was normal. I will ask Mr. Gargan to repeat his question. Mr. Gargan.
Debates of Nov. 19th, 1992
Topics
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
The Speaker Ludy Pudluk
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
Samuel Gargan Deh Cho
Mr. Speaker, the whole question of big game hunting on the Mackenzie Highway between Fort Providence and Fort Simpson should not apply to aboriginal people. The Renewable Resource personnel indicated that it is a good regulation but you cannot enforce it on aboriginal people because it is not enforceable. It is based on a court decisions under section 35 of the Constitution. Having a regulation as such does not make any sense to aboriginal people. Perhaps it does make decisions for non-aboriginal people, but it is not enforceable and the regulation may as well not exist. I am asking the Minister whether that is correct?
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
The Speaker Ludy Pudluk
Thank you. Mr. Kakfwi.
Return To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
Stephen Kakfwi Sahtu
Mr. Speaker, there are some regulations which are made by this government for reasons of conservation and public safety to ensure there are some laws by which the public will conduct themselves, particularly in relation to the harvesting of wildlife. The easiest, best, surest and cleanest way to answer the question is to go to court if you feel the regulations do not apply to you. Legal opinions are not for me to give. There are a lot of opinions which say they are good laws and they will stand the test of the courts. You will find many legal opinions that will say the opposite, that they will not stand the test of the courts. I do not have a legal opinion, personally, on that. Thank you.
Return To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
The Speaker Ludy Pudluk
Supplementary, Mr. Gargan.
Supplementary To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
Samuel Gargan Deh Cho
Thank you, Mr. Speaker. I would like to ask the Minister whether any aboriginal people have been charged with hunting within the corridors.
Supplementary To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
The Speaker Ludy Pudluk
Thank you. Mr. Kakfwi.
Further Return To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
Stephen Kakfwi Sahtu
Mr. Speaker, my understanding is aboriginal people have been charged under these laws.
Further Return To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
The Speaker Ludy Pudluk
Thank you. Second supplementary, Mr. Gargan.
Supplementary To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
Samuel Gargan Deh Cho
Thank you, Mr. Speaker. So if aboriginal people were charged then there must be a court opinion on the hunting corridors and the aboriginal people's hunting. I would like to ask the Minister whether he has looked at the results of those decisions?
Supplementary To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
The Speaker Ludy Pudluk
Thank you. Mr. Kakfwi.
Further Return To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
Stephen Kakfwi Sahtu
Mr. Speaker, if there are court cases, I have not personally reviewed them. There is no difficulty with making the reasons for decisions available to people. I think they normally are, and I would be quite happy to share them. Thank you.
Further Return To Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Question 15-12(3): Hunting Corridor Restriction Enforceable On Aboriginal People
Item 6: Oral Questions
Page 27
The Speaker Ludy Pudluk
Thank you. Item 6, Oral Question. Member for Thebacha.
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 27
Jeannie Marie-Jewell Thebacha
Thank you, Mr. Speaker. I have a question for the Minister of Transportation. Mr. Speaker, on June 29 of this year I put forth a motion in this House that was passed asking the Minister to negotiate with Wood Buffalo National Park to keep open and maintain the winter road between Fort Smith and Fort Chipewyan. Parks Canada has advised the community of Fort Smith that this winter road will be closed.
Mr. Speaker, on September 9 the Minister sent me a copy of the letter he sent to the Minister of Environment of Canada. I know since then the Minister has had a meeting with the Minister of Environment regarding this road. I know he has not been able to successfully convince Wood Buffalo National Park to keep this road open. Therefore, I would like to ask the Minister, what are the options that he is considering to assist the community of Fort Smith in keeping this winter road open through Wood Buffalo National Park? Thank you.
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 27
The Speaker Ludy Pudluk
Thank you. Mr. Whitford.
Return To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 27
Tony Whitford Yellowknife South
Thank you, Mr. Speaker. On the matter of the winter road to Fort Chipewyan, as the Member correctly points out, it is a matter within two jurisdictions that are not ours. First, it is through Wood Buffalo National Park, second, it is in the Province of Alberta. Historically, we have cooperated with Wood Buffalo National Park to put that winter road through to Fort Chipewyan, and Parks Canada had picked up the cost of it. We provided the service because we had equipment there doing other work. This year Parks Canada has said they would not continue. Since they have made that point, I have attempted to meet with Parks Canada and the Province of Alberta individually. At this point in time the door is not yet closed to the possibility that Parks Canada will change its mind on this road. I am expecting to hear the final decision from Environment Canada shortly. I regret not being able to have a reply to that today, but I was expecting something having met with the Minister last week. The options we have open to us are not broad. We have only a couple of things we can do. The first one is to attempt, again, to persuade Parks Canada to reconsider for this year so we can get a better assessment of what the use of this road entails: who uses it; how often they use it; for what reasons; and, when they use it. There are two other options, and one is to say no it is not our jurisdiction. I would leave that until last, Mr. Speaker, because we would like to see if there are other ways in which we can achieve this objective by talking to the Town of Fort Smith a bit more and continuing dialogue with the province and parks.
Return To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 27
The Speaker Ludy Pudluk
Thank you. Supplementary, Member for Thebacha.
Supplementary To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 28
Jeannie Marie-Jewell Thebacha
Thank you, Mr. Speaker. I recognize that it is the responsibility or total jurisdiction of the Department of Transportation, however I place forth the motion in anticipation and hope that the Minister of Transportation would be able to assist a community which is within his jurisdiction. I want to further note to the Minister that the roads which go through Wood Buffalo National Park, now currently from Hay River to Fort Smith, are not within his jurisdiction but he maintains them and takes responsibility for them.
Therefore I would like to ask the Minister when does he anticipate, seeing as there is snow on the ground and this road may be closed, to receive an answer and give the community of Fort Smith an answer as to whether he has the ability to assist in keeping that road open or not? Thank you.
Supplementary To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 28
The Speaker Ludy Pudluk
Thank you. Mr. Whitford.
Further Return To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 28
Tony Whitford Yellowknife South
Thank you, Mr. Speaker. I would like to give that answer today, but unfortunately I cannot. I am still waiting for Parks Canada to respond. I am waiting for them to come out and say their final no. I have not yet received that. I do not wish to close that door. The jurisdiction is theirs, it is within the National Park and added to that, this is in the province of Alberta and we have no jurisdiction to go in there to build a road. I do not want to give the answer of no today because I still have not concluded all avenues which may be open to us to get money for this road. We are working as hard as we can to get it done before Christmas.
Further Return To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 28
The Speaker Ludy Pudluk
Are you taking this question as notice? Supplementary, Member for Thebacha.
Supplementary To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 28
Jeannie Marie-Jewell Thebacha
Thank you, Mr. Speaker. I appreciate the efforts the Minister is making in trying to keep this road open. I want to know exactly when the Minister will be able to advise the community of Fort Smith whether or not Wood Buffalo National Park will maintain the winter road and keep it open? Thank you.
Supplementary To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 28
The Speaker Ludy Pudluk
Thank you. Mr. Whitford.
Further Return To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 28
Tony Whitford Yellowknife South
Mr. Speaker, I understand the concern which Fort Smith has with regard to this road and I am very sensitive to this concern. I will endeavour to, as soon as I get word from the Minister who is responsible, find out whether or not they are going to co-fund this or not fund it at all. I will let the Town of Fort Smith know before the end of the session.
Further Return To Question 16-12(3): Options For Winter Road To Fort Smith
Question 16-12(3): Options For Winter Road To Fort Smith
Item 6: Oral Questions
Page 28
The Speaker Ludy Pudluk
Thank you. Supplementary, Member for Thebacha.