This is page numbers 1147 - 1190 of the Hansard for the 12th Assembly, 2nd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.

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Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I just wanted to make one further comment, and indicate that I give my support to the Special Committee's report. However, there are some concerns that I do have, and perhaps I could ask the Minister regarding the territorial representation in the House of Commons.

It shows in the report that smaller jurisdictions will be assured their existing number of common seats. Provisions allocating two House of Commons seats to the Northwest Territories, and one for the Yukon, will be retained. I wanted to get some clarification on that.

Under the assumption that Nunavut Territory will be created, will there be a representative of the Nunavut Territory? The other question being of the Senate representation for Nunavut territory. The report from the Special Committee on Constitutional Reform says the territorial government is pressing to ensure that a new territory will be entitled to the same Senate representation as existing territories. When you use the words "is pressing to ensure" that a new territory will be entitled to the same Senate representation that shows me that there will be no representation from the Nunavut territory, and that the territorial government today, is pressing to ensure that the new territory will have a Senate seat.

I would like that clarified, from the Minister, whether there will in fact be a seat for the Nunavut territory in the House of Commons, as well as in the Senate. Thank you, Mr. Chairman.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Kakfwi.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, on the issue of representation in the House of Commons for a proposed Nunavut territory, that was not included in this Consensus Report. Again, what we were trying for was a generic application, that each territory of Canada would be allocated at least one Member in the House of Commons. Right now, for instance, the Yukon is guaranteed one, the Northwest Territories is allocated two. So, it is our hope in the House of Commons, that simply we just split that at the time division happens.

On the question about Nunavut representation in the Reform Senate, as I tried to explain earlier to Ms. Mike, the understanding in the course of negotiations was that the legal text would simply say something generic, that each territory of Canada would be guaranteed at least one Senate seat. This was right up until it was understood politically and at the officials level, I do not know what day, but during the Charlottetown discussions, upstairs the Premiers were, our Premier was, locked into a meeting with the Prime Minister and the Premiers of the provinces, the territories, and the aboriginal leaders. They were finishing off discussions. In another room, officials were working on wording and legal text.

In the course of those meetings, some officials launched into saying the legal text has to be specific for each jurisdiction. The understanding that we had that it would be generic, is now one of the options, it is no longer the only option. It is our view that we will continue to try to get legal wording that will reflect that, and if not, to have a specific legal wording that would say, in the event that a Nunavut territory is created, that a Nunavut territory would also be guaranteed one Senate seat.

That is where it is. The discussions are carrying on right now by officials. They will continue even into the weekend. That is one of our objectives. I should note, as well, that the federal government had agreed with the provinces that the question of aboriginal representation in the Senate, which would be above and beyond what is presently allocated, to the federal government and the provinces will be discussed, and they will try to finalize that during October/November.

There again, the understanding is some of those Senators will be possibly allocated to represent Inuit and aside from the Northwest Territories, northern Quebec, and Labrador, there is no other jurisdictions that would be asking for representation there. I think we have done well in it, as I say, it would have been preferable if we had tied it down. We thought it was, and we keep working on it. Thank you.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Arngna'naaq.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. Just one last comment, from what I can understand of the Minister responding to my question, he is asking us then, as Members of the Nunavut Caucus or Nunavut Members to vote on an understanding that these will be in place. If we are using the word "endorsing" the recommendations of the special committee on the understanding that when the territory is created, that we will possibly have a representative in the Senate, and a representative in the House of Commons. Thank you, Mr. Chairman.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Qujannamiik. Mr. Minister.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, the Member is correct. I am going on the understanding that the new territory, if it is created, will not be denied representation in the Senate or the House of Commons. That is the understanding that I have, and if the Constitution does not reflect that, at this time, then the question comes up, then is it necessary to, is it useful to support, or reject, the package as a result of this.

I would argue Nunavut is not quite in the bag yet, we still have a few hoops to jump through, including the ratification of the T.F.N. claim, and our own process up here, to come to that realization. In my view, we have to press really hard, but I do not think we should let it develop into something that could constitute a deal breaker for us. That if, for instance, in a worse case scenario, that somehow there is no assurance that a Nunavut territory will, if it is created, be represented in the House of Commons and in the Senate, then my advice would still be that we should endorse the package and nail down the significance we have made, and press on to make the other gains that we see as shortcomings at this time. Thank you.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Qujannamiik. Further comments, Mr. Arngna'naaq.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

I would just like to make it clear, that in my mind, there will be a Nunavut territory, now whether it is in 1997 or 1999, or a hundred years from now, there will be a Nunavut territory. I have no doubt in my mind about that. What I am saying is that when it is created, at this point we are going to be voting on an understanding. That is the only thing I am trying to say, that we are voting on an understanding, rather than a definite "yes" or "no". There is no legal text. The only thing that we have are the documents that were created at Charlottetown.

When you say that, the officials say, that it has to be definite, and others are saying that it will be generic, then it makes it difficult to say that I will give my support, or give my vote for "yes", on an understanding. Thank you, Mr. Chairman.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Qujannamiik. Any further general comments? Mr. Minister.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Just, perhaps as a trivial point, but, in the event that these amendments go through as it is, without any assurance to the Nunavut territory, there is one hypothetical situation that might be of interest to the particular member. The Nunavut Territory, as it is prescribed now, would constitute a territory of Canada.

If the western territory should make use of the provision in the amendments that would allow for the creation of aboriginal governments, that may not necessarily be constituting a territory of Canada, under the present constitutional definitions. I am not certain that this part of the territory would be assured representation in the House of Commons or Senate, but surely the Nunavut Territory would meet that particular definition more comfortably.

I raise that just because I think it has been mentioned to me by one interested observer.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Nerysoo.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Richard Nerysoo Mackenzie Delta

Thank you, Mr. Chairman. I wanted to indicate, as I did yesterday, Mr. Chairman, to the Government Leader and the Minister of Aboriginal Rights and Constitutional Development or Intergovernmental Affairs, and I think that Mr. Todd raised the point previously, that it has to do with the common market proposal that would extend the section of the Constitution Act, which prohibits provinces from imposing tariffs or duties on goods coming from other provinces.

Under the proposal, the provinces would also be prohibited from erecting trade barriers to the movement of services, capital and persons. I understand that the Ministers did not reach a consensus on the extent of the exemptions to the prohibition on trade barriers and that these issues would remain for further negotiation. Has there been any determination on exemptions to the prohibition on provincial trade barriers, that are being considered for discussion? Have we gone into any of those details yet, or is the government in the process of developing a position document in this area?

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. honourable Minister. Mr. Kakfwi.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, I am not aware that the government, at this time, is preparing a more definitive position than what we had going into these discussions earlier in the year. It is in our view that we have to protect the preferential policies that this government has in place at this time. The wide open policies were strongly sought by the federal government, in fact, at one point the federal government said this was the one element of the deal they absolutely had to have in order for a deal to be made.

It should be mentioned that the position of our government is that, as a small jurisdiction, as a developing jurisdiction, as a unique jurisdiction within Canada, we have to have exemptions. We have to have some protection for the kind of approach we take to developing our own economy, our own people, our own businesses. These are the types of exemptions we sought.

It has been the suggestion that should these constitutional amendments go through, then we will see, probably, a first Minister's conference on the economy fairly soon thereafter, at which time, if such an event takes place, it has been recommended by many of us that the Members of the Legislature should bring specific Members, who are very concerned and knowledgeable in the area of trade, goods and services and the business world, to come and assist the government in the course of these discussions. Mahsi.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Ludy Pudluk

Thank you. Mr. Nerysoo.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Richard Nerysoo Mackenzie Delta

Thank you. Mr. Chairman, I will not go on much longer, but I do want to point out that it was proposed that a provision be added to the Constitution, setting out the commitment to various policy objectives of the economic union, such as the goal of full employment and the free movement of goods, services, persons and capital.

Now, I am not going to, in any way, argue against the remarks made by Mr. Kakfwi. In fact, I support them. However, I do want to express concern about the lack of movement on our part, at least to do an analysis of those areas, that could be helpful to the Minister, to our Government Leader and to the Minister of Finance, in this area.

I would encourage the Minister and the Government Leader to bring forward, at least some indication in a statement or in a position paper, the issues and the concerns and the options that could be considered in addressing some of the economic concerns in the ongoing discussions. I doubt very much, Mr. Chairman, that we can get into the details, even though I have detailed questions to ask, if you do not have the actual position paper developed at this time.

I do think it is important for the people to know exactly where the government stands, and where this Assembly stands, on that matter. Thank you, Mr. Chairman.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Ludy Pudluk

Thank you. General comments, or do you want to respond, Mr. Kakfwi?

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Yes, I take the Member's comments, and accept that we can do something about putting together a paper that would describe the approach we took, and describe, at least in general terms, what we are developing at the negotiating table with all of the different participants, because, as dry as it might look, it is quite fascinating as the Member knows. Thank you.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Ludy Pudluk

Thank you. Further general comments. Are there any further general comments? Does this committee wish to go on to the recommendations now?

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Ludy Pudluk

Thank you. We are on the recommendations now. Mr. Lewis.

Committee Motion 178-12(2): To Adopt Recommendation No. 1 Of Committee Report 18-12(2)
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

September 28th, 1992

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Brian Lewis Yellowknife Centre

Thank you, Mr. Chairman. I would like to move the first motion of the committee, which was outlined in its report to the Assembly. I would like to move that the Legislative Assembly formally endorses the Consensus Report on the Constitution, concluded in Charlottetown on August 28, 1992.

Committee Motion 178-12(2): To Adopt Recommendation No. 1 Of Committee Report 18-12(2)
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Ludy Pudluk

Thank you. Motion is in order. To the motion. Mr. Nerysoo.

Committee Motion 178-12(2): To Adopt Recommendation No. 1 Of Committee Report 18-12(2)
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Richard Nerysoo Mackenzie Delta

Mr. Chairman, I would like to move an amendment. I move that recommendation one be amended by removing the word "endorses" and replacing it with the words "accepts and supports."