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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The Chair Ludy Pudluk

We will take a 15 minute break.

---SHORT RECESS

Now, this committee will come back to order. Are there any further general comments? 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

Mr. Chairman, I have a lot of questions, and I am not sure who I should be addressing these matters to. If I could ask, Mr. Chairman, a question. Over the past few days, Mr. Chairman, there has been much talking about the absence of a legal text on the current political agreement. In fact, just this weekend, it was reported that a legal text may or may not be available prior to the referendum.

I believe that it was Premier Wells who used the analogy that you cannot buy a house without seeing the terms and conditions of the mortgage when he was describing the absence of a legal text.

Perhaps, the chairman of the special committee could comment on this first, and then each of the panel Members. Will you continue to support this agreement, if the legal text cannot be prepared, and agreed to, prior to the referendum?

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. 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, I think it should be clearly understood that when we are expecting the Members of the Legislature to endorse the Consensus Report, the Charlottetown Consensus Report, we are asking this Legislature, based on what they can read in that report, are they prepared to endorse it. That is exactly what it is, and communities and our constituents will take our lead in saying that in the view of the Legislature, Members of this Legislature, this government, what they have read and understand to have been agreed to in the Consensus Report warrants support.

That is quite in line with Mr. Well's analogy, that when you make a deal to buy a house, you make a deal, it is based on certain terms of reference, certain terms being agreed to. Of course, the lawyers have to go off and write up your agreement in legal document, and the deal is subject to an acceptable legal text. This endorsement that we are asking the Members to support today, in no way suggests that they will also be automatically bound to support the legal text.

The legal text has to reflect clearly what we understand to be the agreement reached, and reflected, in the Consensus Report. The legal text will be dealt with in a new recommendation by this Legislature. The special committee has drafted a new recommendation to deal with the legal text, when it comes out, to make sure that the endorsement today does not mean that the legal text will automatically be accepted. 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. 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 want to make one point, though, I think that earlier today, when there was a matter of concern that was raised about a number of issues related to the matter of the text, that there was some suggestion that people in the communities are not all lawyers. I want to inform my colleagues that does not mean that the people in the communities do not understand the words in the document. I want to make that point. I can say to people, from my experience, and I know the Inuit Members will

probably agree, after their process is done with their claim approval, people have begun to understand the details of their agreement.

I can say even from my experience with the Gwich'in comprehensive agreement, that all the elderly people began to understand. They knew what the words were, and they understood the details. The intent of an information session was in fact to give them an ability to understand. I just want to make that point. I think there is some suggestion, earlier, that we do not all have to be lawyers to appreciate or understand what is written in legal terms.

Another point, Mr. Chairman, I want to say that I am concerned about the implications if consensus cannot be reached on the legal text in the political accord, because if there is no arrangement reached, then we are back to square one again. We are all the way back, having approved, in fact having approved the agreement, even in a vote, then there is no agreement on the legal portions, then what are the contingency plans. In other words where do we go from here. If the legal text is done, the vote is "yes", what then.

Maybe that has not been considered, but I am wondering if the Minister or the special committee has thought about that and is, in fact, preparing plans to address that particular matter, including the potential of the legal text not reflecting our concerns.

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. 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, in response to the concern that the Member raised earlier, and again, just now, the recommendation will say that the legal text would be brought here for the Members consideration, as soon as it becomes available, and the Members will then discuss the legal text.

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

General comments? Mr. Lewis.

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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Brian Lewis Yellowknife Centre

Thank you, Mr. Chairman. I do not want to cut off discussion, or debate, because that is going to continue as long as Members want to do so. I think it is important, since we have been talking all around the subject, that in order to put it in the context, we may as well have a motion, so that we can debate a motion, rather than just the issue surrounding the motion.

With your permission, Mr. Chairman, because I believe that a motion is in order at any time, during committee of the whole, I would like to move one of the recommendations of the special committee, if that is all right?

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

We are still on the general comments. When we finish the general comments, we can start debating those recommendations. Mr. Lewis.

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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Brian Lewis Yellowknife Centre

I believe, according to our rules, Mr. Chairman, that it is in order for a motion to be introduced at any time during committee of the whole, but I do not want to challenge 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

A point of order, 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

No, Mr. Chairman, I was going to ask if the honourable Member was challenging your ruling, but he indicated that he was not.

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. Mr. Bernhardt.

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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Ernie Bernhardt Kitikmeot

Thank you, Mr. Chairman. I too, like my colleague from Natilikmiot, will be endorsing the recommendations. I think that it is good for all the aboriginal peoples of the Northwest Territories. We will have an inherent right to self-government. We all know that we are a distinct society, and therefore, I think that I am going to be going along with my colleague.

I think that it is about time that we show our support on this, because we are going to finally have a rightful and meaningful place in Canadian society. For too many years, we have been tossed around like a caesar salad, it just is not fair that we continue in this kind of a manner. If we look at our country, and compare it to other countries in the world, I think that Canada is a world leader, an envy of many industrialized countries that try to understand and to make native peoples a part of the mosaic of Canadian society.

When I hear belabouring about this and that, and how it is going to be done, let us just give our government and the people of Canada a chance to say, hey, this is good for us. When we question anything and everything, it confuses the situation a lot more and people sort of die by the wayside.

I really will be endorsing this because I feel that, finally, we have something to be proud of, especially this government, where the honourable Stephen Kakfwi and Madam Premier have worked so hard. Sure the final context is not yet done, but it will be shortly. With their knowledge of how the aboriginal peoples in the territories are struggling, we could put our trust in them to get us where we want to go, and what we want to achieve. 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. Mr. Pudlat.

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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Kenoayoak Pudlat Baffin South

(Translation) Thank you, Mr. Chairman. I will speak briefly, I will make a short comment. It is very clear by listening to the Members make their comments in regards to the agreement, and I am very well informed, I feel. I also had a concern today, as you are aware, regarding the referendum, and I feel that the Inuit of Canada should be well informed about what will be happening. That was my main concern, that Inuit should be informed.

There are a lot of concerns, that we have here during this Legislative Assembly. In the report, it is also written in regards to the process that we will be taking, and it is very informative for us. As Canadians, we should fight for our rights, so that we will be able to hold onto those rights once they are done. I know that everything in the document will not be supported by everybody, but I think we should go ahead and work together, and we should deal with the concerns that are being raised.

While I read the document, I have not come across too many things that I do not agree with. I am in support of it also because, as Canadians, we should try to fight for our rights. I would like to say that I am in support of the document, and I know not everybody will be in support, but we will vote for what we agree with.

In regards to self-government, we have to think of our young people, and work for them, so that they will have a better future. What we do today will have an effect on our young people. So, I would just like to say that I am in support of this, and I just wanted to speak briefly, so 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. 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 know that people are a bit anxious about proceeding as quickly as they can with this particular item, and I know that probably people are getting a bit annoyed, but the fact is, that I think the questions that are being asked are reasonable ones, and they are getting reasonable answers.

I indicated earlier that there is no doubt that, eventually, I will be supporting the report itself, but there are still a lot of questions. I think the important thing is, with great respect to my colleagues, the matter that is being put before our people is the report, the Charlottetown Consensus Report. It is not the legal text. The legal text is a document that is going to give detail to the report. I think the problem is that the report, itself, does not give substantive answers to the kinds of discussions that took place and the kinds of agreements that were reached at the table.

I want to say to my colleagues, I probably read every document that was prepared for the Special Committee on Constitutional Reform, trying to keep up to the work of the committee. I know that the clerk, or at least Mr. Schauerte, will probably be happy on the day that he does not have to give me copies of your reports, or copies of the works that have been done across the country. The fact is, I am interested. I take an interest in what is happening in our country, and I take an interest in what is happening in our Constitution, and how that Constitution affects not only aboriginal people, but the people of the Northwest Territories.

It incumbent upon us, as leaders, to be concerned. If we are not, then we are in the wrong business.

I want to say, Mr. Chairman, that I could probably sit here for another three days asking all these questions, but I will be proposing an amendment to the proposals that are being made, and when we get to them, if people want to vote against it, that is there business. I do have major questions, and I know that every M.L.A. is going to be asking these questions that I want to ask right now, but you do not know which questions they are. You do not want to sit here, either. The fact is Cabinet wants to get on with their budget, and Members here want to get on with their budget, and the fact is, that is the case.

So nobody wants to take the time, and what is sad about it is that it is probably going to be far more important in the long-term, the vote on October 26, is going to be more important, and its long-term consequences are going to be far more important, than the passing of our budget, and much more significant. We do not understand the details, or the agreements that were reached, and my view is the people of the north, the aboriginal people included, are no further ahead, I think what you will find is that there is a need to change policies, in our own government, to reflect the agreement. I have not heard yet from our own government, and maybe at sometime I will hear from the Government Leader, or Ministers, or the Minister responsible for Constitutional Development and Aboriginal Rights. Significant changes are going to occur in our Assembly, in government policy, that will, in fact, reflect the comments made by Mr. Kakfwi, and that is, there are no restrictions on aboriginal self-government. None. If you remove them from the concept, you will recognize them only within the framework of public government. That has to go, but that has not been stated in this House.

You have to leave it as I agree, and I support my colleague, that there are no pre-conditions. You, yourself, have to make those statements. Your actions will show to the aboriginal people how serious we really are in that matter. So, I think to accommodate my colleagues, so that we can get on with other things, I hope that during question period, I will be able to ask these questions of my colleagues, to deal with these matters, and to deal with other matters that people feel are more important. I will get on with concluding my general comments right now, because these questions are not important for the people.

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. Madam Premier.

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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Nellie Cournoyea Nunakput

I think the questions are very important. I do not want in any way to let it be known, or said, that we are not interested in sitting here, and listening to Members' comments. I do not want to be the person that says, "I think it is not important." I think it is darn important, so if there are other ways of doing it, by speaking on the question period, fine, but we are not here to limit debate.

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. General comments, Mr. Kakfwi.

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

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, I want to just state, again, what the Premier said. I want it understood that I do not want to curtail the debate either. I think it is necessary, especially if we can get the Members of the Legislature to come out with a very clear, strong motion of support for this report as it is reflected in the report we have tabled with you.

This is all that we have right now, and I think for all the complaining that we did about being left out of Meech Lake, all the complaining about not being able to achieve anything in the First Ministers' conferences in the early 1980s, we now have, I think in the view of the public, the national aboriginal leaders, and the governments across this country, historic significant achievements for aboriginal people. If this Legislature sends out so much as a subtle signal that we are only lukewarm about this particular document, then the signal will be picked up by many people, including those people that want to scuttle the whole thing, saying it does not seem that important, look at the Northwest Territories, where the population is overwhelmingly aboriginal people, where there is a majority population of Inuit in one jurisdiction, and a strong representation by the Metis and Dene people, and they are only lukewarm about it. Is it really so critical for aboriginal people? That is a concern I have, and I think Mr. Mercredi stated it very well yesterday, we do not want to overstate the case.

It is also equally important that we do not let it be understated, and so if it requires more time for questions to be answered, and the debate to continue, I would prefer that to trying to finish up early, and have Members who have too many questions unanswered in our minds to lend full support to this. 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. Minister. Further general comments from the floor. Mr. Arngna'naaq.