This is page numbers 843 - 856 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 public.

Topics

Members Present

Hon. Titus Allooloo, Mr. Antoine, Mr. Arngna'naaq, Mr. Bernhardt, Hon. Nellie Cournoyea, Mr. Dent, Mr. Gargan, Hon. Stephen Kakfwi, Mrs. Marie-Jewell, Ms. Mike, Hon. Don Morin, Mr. Nerysoo, Mr. Ningark, Hon. Dennis Patterson, Hon. John Pollard, Mr. Pudlat, Mr. Pudluk, Mr. Todd, Hon. Tony Whitford, Mr. Zoe

--- Prayer

Item 1: Prayer
Item 1: Prayer

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The Speaker Ludy Pudluk

Come to order. I would like to take this opportunity to welcome you back to the continuation of the Second Session of the Legislative Assembly. I think the summer is over, and it seems to have been too short for some of us. I look forward to a productive session so that I can get back home again to enjoy the fall, before the snow comes to the Northwest Territories.

I have the honour of being Speaker for the next three days while the Honourable Michael Ballantyne is representing us at the International Meeting on Democracy in the province of Quebec. I would request that you be kind to me, and I will be kind to you.

Before proceeding to the orders of the day I would like to inform the House that I have received the following communication from Her Honour the Deputy Commissioner:

"Mr. Speaker, I wish to advise that I recommend to the Legislative Assembly of the Northwest Territories, the passage of Bill 33 - Appropriation Act, No. 2, 1992-93 during the second Session of the 12th Legislative Assembly." Signed, Helen Maksagak, Deputy Commissioner. Item 2, Ministers' statements. Mr. Kakfwi.

Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. The first Ministers and aboriginal leaders of Canada met in Charlottetown on August 27 to confirm the elements of the historic national constitutional reform package.

The package was negotiated over the last six months by federal, provincial, and territorial governments, along with the four national aboriginal organizations.

Because of the participation by the territories, the aboriginal peoples, and eventually Quebec, they found a package they believe truly represents the results of a Canada round of constitutional negotiations.

I wish to take this opportunity to thank Members of the Special Committee on Constitutional Reform, our team of advisors and officials for their dedication and assistance through these long months of negotiations.

Members will recall that the Northwest Territories participation in constitutional negotiations was based on five elements: one, constitutional recognition of an inherent right to aboriginal self government; two, eliminating the effects of the constitution amending formula on territories which want provincial status; three, ensuring territorial participation, public and private meetings, and conferences on constitutional, economic and aboriginal matters; four, recognizing territorial interests in proposals for the Canadian economic union and mechanisms for decentralization of the federation; and five, territorial involvement in the reform senate in Supreme Court nominations.

The inherent right to self government will be entrenched in the constitution, and, furthermore, aboriginal institutions will be recognized as a third order of government in Canada.

This element of the reform package is without a doubt the most remarkable and historic achievement, in that the Indian, Inuit and Metis communities of Canada will soon have the constitutionally recognized means to chart their future within confederation.

Mr. Speaker, for the past decade territorial governments have worked towards removal of the amending formula provisions which required the consent of existing provinces before a new province could be created. This part of the constitution will be changed to allow territories to deal directly with the federal government to establish a new province through an act of parliament alone.

With three exceptions, new provinces will enter confederation with full amending formula voting privileges. Existing provinces will have to approve giving new jurisdictions the ability to participate in votes under the general and unanimity provisions of the amending formula, and in initiating the constitutional amendment.

On the related amending formula issue of extension of provincial boundaries into existing territories, the section of the constitution dealing with this matter will repealed. A new provision requiring the consent of the territory affected will be included in the constitution.

The third element of our committee's terms of reference involves seeking assurances that the territories would be participants in future talks on aboriginal, constitutional and economic matters. On this matter, a political accord will guarantee that the territories will be invited to all First Ministers' Conferences on the constitution and the economy.

Territorial participation in negotiations and conferences on aboriginal matters will be entrenched in the constitution.

Mr. Speaker, the constitutional reform process did not just deal with high profile issues, like aboriginal self government and provincialism, it also addressed measures which are intended to improve the Canadian economic union, in particular, removing barriers to inter-provincial trade.

While the reform package contains a commitment to the free movement of goods, services, people and capital in a political accord, the details of implementing the principle, including exemptions for developing jurisdictions and to the timing for phasing out trade barriers, will be addressed at a future First Ministers, conference.

Finally, the constitution will be changed to give the territories the same rule as provinces in recommending nominations for Supreme Court vacancies.

With respect to the senate, existing and future territories, including Nunavut, would be guaranteed one senator each in the reform senate. However, existing provinces and parliament will have to approve increasing the number of senators to six when a new province is created.

In conclusion, some significant achievements have been made for the north, for Inuit, Dene, Metis, but most important for Canada. However, these achievements and possibly Canada as we know it, would be lost if support for constitutional amendments cannot be attained from provincial legislatures and parliament as prescribed in the amending formula.

The same circumstances apply to support from the aboriginal community, for the package which their leaders have negotiated.

There will be a vigourous campaign in the coming months to educate the Canadian public on the merits of the reform package. Furthermore, all Canadians will have the opportunity to vote on a package in the national referendum on October 26. Today referendum questions are being debated in the House of Commons, and the Quebec National Assembly.

The proposed question for most Canadians will be, do you agree that the constitution of Canada should be amended on the basis of the agreement reached on August 28, 1992?

Reports from Quebec indicate that a similar straightforward question will be used in their October 26 referendum. Plans are already under way in the north to enumerate voters, establish offices for distribution of information on the reform package and referendum, and prepare for the vote on October 26.

Mr. Speaker, thank you for the opportunity to update the House on this matter. I will be tabling a more detailed special committee report later this Session. Thank you.

---Applause

The Speaker Ludy Pudluk

Thank you, Mr. Kakfwi. Ministers' statements. Mr. Pollard.

Ministers' Statement 83-12(2): Budget Address
Item 2: Ministers' Statements

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John Pollard Hay River

Thank you, Mr. Speaker. Mr. Speaker, I give notice that on Thursday, September 10, I will deliver the budget address. Thank you, Mr. Speaker.

Ministers' Statement 83-12(2): Budget Address
Item 2: Ministers' Statements

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The Speaker Ludy Pudluk

Thank you. Ministers' statements. Item 3, Members' statements. Member for Thebacha.

Jeannie Marie-Jewell Thebacha

Mr. Speaker, I would like to move that Ministers' statement, update on national constitutional reform negotiations, be moved into Committee of the Whole.

The Speaker Ludy Pudluk

Do you have a seconder?

Jeannie Marie-Jewell Thebacha

Sorry, Mr. Speaker. Yes, Member from Mackenzie Delta.

The Speaker Ludy Pudluk

Thank you. Motion in order. All those in favour? Down. Opposed? Motion is carried. That Minister's statement 82-12(2) will be put into the Committee of the Whole later on. Member's statements. Mr. Gargan.

Oil Spill On The Mackenzie River
Item 3: Members' Statements

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Samuel Gargan Deh Cho

Thank you, Mr. Speaker. On August the 26, around 5:00 p.m., a very serious incident occurred on the Mackenzie River. About a half mile downstream from Fort Providence a barge being towed by the N.T.C.L. vessel M.V. Jack MacNiven was observed by local residents as damaged and leaking oil.

Mr. Speaker, this could have been a serious environmental mishap. The barge was carrying a total of 830,000 litres of light fuel, diesel. At 11:00 a.m., on the morning of August 27, I chartered an aircraft and flew over the accident site. I was very concerned by what I saw. A crudely constructed containment boom had been placed around the damaged barge but was clearly ineffective in holding back the oil against the swift river currents. From my vantage point it was clear that the oil was dispersing quickly.

I observed evidence of the spill extending down several sub-branches of the Mackenzie as far as Millis Lake. The total dispersal of the oil seemed to me to cover an area approximately forty miles long. I have maps of the affected area and will make them available for honourable Members and interested members of the public to look at.

I was particularly concerned to see concentrations of oil in shallow and weedy sections of Millis Lake. Mr. Speaker, this was not only my concern. During the time I was in the air I saw no signs of any action from the federal agencies who have responsibility for the management of this sort of environmental problem. I understand that the accident was reported to the Government of the Northwest Territories spill line and promptly passed along to the Canadian Coastguard and the Federal Fisheries and Oceans personnel. However, it is my opinion that these federal agencies, from the beginning, took an approach that was less than serious.

The Department of Fisheries and Oceans was not on the scene until mid-afternoon of the following day and I am not sure how extensive their water sampling procedures were. I even understood that the Department's spill specialist was in Tuktoyaktuk. Again, as I surveyed the situation from the air, I observed no coastguard supervision of the site, even though the containment boom was clearly failing to retain the oil spill. I must say, Mr. Speaker.

Oil Spill On The Mackenzie River
Item 3: Members' Statements

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The Speaker Ludy Pudluk

Mr. Gargan, your time has been expired. You have to ask for unanimous consent. Mr. Gargan.

Oil Spill On The Mackenzie River
Item 3: Members' Statements

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Samuel Gargan Deh Cho

Mr. Speaker, I would like to get the unanimous consent to continue my statement.

Oil Spill On The Mackenzie River
Item 3: Members' Statements

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The Speaker Ludy Pudluk

The Member is asking for unanimous consent to continue on with Members' statements. Are there any nays? There are no nays. Mr. Gargan.

Oil Spill On The Mackenzie River
Item 3: Members' Statements

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Samuel Gargan Deh Cho

Thank you. Honourable Members, Mr. Speaker. I must say, Mr. Speaker, that the response from the territorial government official is to be commended. I contacted the Honourable Dennis Patterson, Minister of Health, around noon on August the 27, shortly after returning from air survey.

I was impressed with how quickly our cabinet swung into action as the acting government leader, the Honourable John Pollard, called a meeting of the Ministers to deal with this matter.

I was also glad my honourable colleague from Nahendeh was available to attend the meeting and participate in the coordination of this government's response. I am aware that the Minister of Renewable Resources, the Honourable Titus Allooloo and the Minister of Transportation, the Honourable Tony Whitford, acted swiftly to travel to the site and make observations of the damage. One thing has troubled me about our government's procedures in this regard, however. I was informed by the acting government leader that none of the Ministers were aware of the incident until after my August 25 telephone call to Mr. Patterson.

It seems that while there may be well-developed channels of communication information for environmental crises to agencies and officials, assistance for advising the responsible Ministers may have been lacking. I intend to explore the communications procedure both within the relevant territorial departments and with the federal agencies in question over the next several days.

Mr. Speaker, I would like to conclude my statement by commenting that, in my view, neither the federal agencies nor N.T.C.L. have given this matter appropriate attention over the days that followed. I am aware that there has been inadequate consultation with hunters and trappers from my region with respect to the observations made by the spill areas. I am also concerned that the attitude of both the federal agencies and the transportation company has been to purposely down-play the potential seriousness of the spill.

It seems that the company has tried to come across as saying it was only a relatively small spill and it will all evaporate. So it is no big deal. Wrong, Mr. Speaker. This is a big deal. Not only for this government, which will be faced with a series of difficult decisions about the approval of northern development of the years to come, but it is also a big deal for traditional aboriginal people who hope to rely on the land, waters and animals the Creator entrusted us to look after. We have been the custodians of this land for centuries before there was ever a transportation company or before there was a federal government.

The apparent lack of concern shown by these parties and their willingness to treat this matter as a minor everyday risk offends the role that we play as curators and defenders of our natural surroundings. I will be urging our government to follow up on this issue with additional testing and with the establishment of a firm agreement and regulations geared towards ensuring a more adequate response to such environmental crises. Thank you Mr. Speaker.

---Applause

Oil Spill On The Mackenzie River
Item 3: Members' Statements

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The Speaker Ludy Pudluk

Thank you, Mr. Gargan. Member's statements. Mr. Zoe.

Henry Zoe

Henry Zoe North Slave

Thank you, Mr. Speaker. Mr. Speaker, I rise today with exciting news of our recently signed joint agreement between the Dogrib Nation and the Northwest Territories Power Corporation. The intent of the commercial agreement is to explore opportunities for hydroelectric development in the Dogrib region comprising the communities of Rae Edzo, Lac La Martre, Rae Lakes and Snare Lake. Mr. Speaker, due to the continuing growth in electrical demand and potential industrial development in the North Slave region, the Dogrib Nation and the Power Corporation feel that there are some excellent opportunities now to explore hydroelectric supply options and thereby break the region's growing dependence on diesel generated electrical power.

If they are successful in their negotiations with the N.W.T. Power Corporation, and I have every reason to believe they will be, the Dogrib Nation will not only be the first aboriginal group to construct and own a hydroelectric utility in Canada, but to our knowledge, in the world. On behalf of the Dogrib Nation, I want to personally thank the Government Leader, her officials and the Board of Directors of the Power Corporation for the support they have provided the Dogrib Nation toward their goal of economic growth, more jobs and better standard of living. In short, self-sufficiency, particularly with respect to this very unique project, not only for the Dogrib region, but the Northwest Territories as a whole. In saying this, Mr. Speaker, the Dogrib people also know that access to capital is not necessarily a panacea for the alleviation of poverty. Our research, and experience, inform us that access to financial capital is more often the consequence of successful political development. This is why they are embarked on a mission to negotiate a self government and land claim agreement with the federal government. Mr. Speaker, I would like to say in closing that the hydroelectric project we are discussing here is purely a commercial venture, and should not take away from a critical necessity of government infrastructure...

The Speaker Ludy Pudluk

Mr. Zoe, your time has been expired. You have to ask for unanimous consent, Mr. Zoe.

Henry Zoe

Henry Zoe North Slave

Mr. Speaker, I seek unanimous consent to conclude.

The Speaker Ludy Pudluk

The Member is asking for unanimous consent to continue on with Member's statements, are there any nays? Proceed, Mr. Zoe.

Henry Zoe

Henry Zoe North Slave

Mahsi. In particular, a renewed winter road program and air strip for Snare and Rae Edzo, health, housing, education, and both traditional and industrial economic development activities necessary to alleviate that unemployment situation in the Dogrib regions. Mr. Speaker, I want to close by again, thanking the government leader for her visionary thinking, and support she has demonstrated with respect to the discussions under way with the N.W.T. Power Corporation, and the Dogrib Nation, over hydroelectric development in the Dogrib region. Mahsi.

The Speaker Ludy Pudluk

Thank you, Member for Slave Lake. Members' statements, Member for Nahendeh.

Oil Spill On The Mackenzie River
Item 3: Members' Statements

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Jim Antoine Nahendeh

Mahsi, Mr. Speaker. I am concerned about the Northwest Transport Company Limited barge that spilled over 12,000 litres of diesel fuel into the Mackenzie River on August 26 as well, this is a serious matter to me and my constituents since we live down the river from that spill, and the communities of Jean Marie River, Fort Simpson, and Wrigley. Mr. Speaker, the short term damage to the environment in these particular cases is unknown to me at this time. Hopefully, there will not be any adverse long term damage from this spill. Mr. Speaker, this accident could clearly be much worse since the barge was carrying over 830,000 litres of diesel. However, this accident clearly illustrates the need for territorial watch strategy to deal with the transport of dangerous goods on waterways throughout the north. Many of our northern communities are located on major waterways. Our

people still rely heavily on the resources from these waterways for food, water, and transportation. The spillage of oil, and other dangerous goods, threaten the delicate ecological balance that exists on many of our rivers and lakes. It is time for this government, and the federal government, to initiate a review of the current policies dealing with environmental accidents. The development of a comprehensive policy, or strategy, for the transportation of dangerous goods on waterways throughout the Northwest Territories should be a priority. This strategy should be developed in close consultation with all effected communities, and should include a review of current regulations to insure that they are strong enough to minimize the possibility of accidents, to develop an emergency response action plan to deal with environmental accidents in an efficient and effective manner. In closing, Mr. Speaker, I would like to commend the honourable Member from Deh Cho for his prompt response to the spill on Mackenzie River. I am sure that the actions of this Member, and the Members of the government at that time helped to minimize the effect of the potentially dangerous and tragic situation. Mahsi Cho.

Oil Spill On The Mackenzie River
Item 3: Members' Statements

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The Speaker Ludy Pudluk

Thank you, Member for Nahendeh. Members' statements. Mr. Pudlat.