Thank you, Mr. Chairman. Mr. Chairman, I would like to make a few comments with regard to the report of the commission for constitutional development, Working Toward A Common Future. First of all I would like to add my thanks and compliments to those expressed by other honourable Members this afternoon. I certainly know the constitutional commission members devoted many hours to the task they were given by the previous Legislative Assembly. I particularly appreciate the conscientious approach that they took towards reaching out to different communities and different people across the Northwest Territories.
I think it is especially significant to note that they made a genuine effort, Mr. Chairman, to hear from the youth in our territory. I know the youth have really appreciated that and I, as a Member, have appreciated that. I commend you for that. Mr. Chairman, too often I believe our young people are overlooked and treated as though they have little or nothing to contribute to the development of our territory.
Mr. Chairman, I believe that the Bourque commission set a new precedent for future territorial tasks by making that special effort to hear from the young people across the territories. They spent many hours travelling as a group and the careful attention that they paid during the hearings and public consultation certainly reflects a commitment to constitutional development. I certainly hope we can build on that commitment in this House.
I would like to acknowledge this special work and thank Mr. Bourque, who chaired the commission, Ms. Allen, who represented the women, Mr. Paulette, who was also on the commission along with Mr. Carpenter, Mr. Braden and Mr. Hardy.
Getting into the report, Mr. Chairman, I would like to make a few comments on certain sections of the commission's report. First of all, I would like to comment on the section entitled "special rights", which begins on page 12 of the report.
Mr. Chairman, I generally support the comments of the commission of this section, but I would be interested in learning more about whether the commission feels strongly about the re-affirmation of the Canadian Charter of Rights and Freedoms and other recommendations regarding the entrenchment of rights. Now that we recognize the Charlottetown accord has passed into history, perhaps they can comment on whether the results of that referendum have coloured any of the recommendations that were developed within that particular context.
Special Rights
I would also like to comment on the area of special rights. I would like to express a bit of caution, like the commission does, that certain areas with respect to rights would be much better dealt with at the national level, than in a territorial constitution, particularly when you look at the entrenchment of women's rights to reproductive freedom, of individual rights to refuse medical treatment to prolong life, and of the rights of workers to bargain collectively and to strike. These certainly are all issues that are going to be impacted by ruling in the federal courts and with constitutional initiatives at the national level. It will be important to ensure that any territorial steps toward the entrenchment of special rights are made with a clear understanding of the national framework. Mr. Chairman, it may even be questionable as to whether these are things that are desirable for inclusion in a territorial constitution.
Social Rights
Further, I would like to comment briefly on the section entitled "social rights" which begins on page 16 of the report. This particular section refers to the concept of the social charter which states "that governments have responsibilities to make sure residents have access to health and social services, education and training opportunities, child care, adequate shelter, a safe work place, a safe home and community, economic equality, affirmative action programs to eliminate barriers to education and employment for disadvantaged groups, along with positive programs to eliminate drug and alcohol abuse, physical and sexual abuse and family violence. There is no doubt in anyone's mind that these are good statements and they are particularly fine statements to establish in a charter. However, we should be cautious that these not be entrenched in such a way as to limit the ability of the government to make decisions in the area of these key social areas that are vitally important to residents of the north.
The commission itself identified that the fundamental risk that occurs whenever a social charter attempts to establish a threat of basic social rights. I guess that is when the courts may be asked to determine whether government programs do, in fact, meet the so-called obligations for service delivery as set out in the social charter. I believe strongly that this should not be left to the courts. I recognize that the commission indicates that the issue of enforceability should be revisited in phase II of the constitutional development phase, but I would like to ask them
if they have any ideas as to how the enforcement framework of this particularly important issue could be developed.
Rights Of Treaty And Metis First Nations
As we go further into the report, Mr. Chairman, to page 21 with respect to the areas of rights of section 35 of the Constitution, the rights of the treaty First Nation and the rights of the Metis First Nation. There is certainly concern expressed that the treaty should be continued with the federal government, but there is also the support from the commission with respect to the recommendations of the treaties being upheld and protected. I certainly agree with that, but at the same time, I think it is critical and I cannot emphasize it enough, I strongly feel that the new western territory's constitution should also include commitments to the Metis First Nations. As stated on page 21, the Metis had a commitment on the new western territory, established when the Athabasca district half breed commission was established in 1899 and the Mackenzie River half- breed was established in 1921. It was further recognized by the acceptance of the claim in the Dene/Metis comprehensive claim.
I said earlier today, it is very important that the Metis, in order to be able to work collectively to ensure that the western constitution for the territories is accepted, be recognized. We can no longer deny aboriginal people, within our territory, fundamental rights which are taken for granted by the treaty First Nations and by the Inuit. The Metis also have to be recognized and given equal opportunity.
Right To Vote And Stand For Office
In addition to that, I just have a couple of further comments to make, Mr. Chairman, in regard to page 38 of the report. The right to vote and stand for office, in regard to particularly guaranteed representation. I want to say that I have always been on the record to opposing the concept of guaranteed representation. As I look into the future for the western territory, there is no doubt that we know out of the 13,000 people that aboriginal people will not be the majority in the western territory. We have to ensure that their homeland is protected and their rights are guaranteed. It is very critical that we somehow address that issue. In order to able to work towards a common future, we have to be on equal footing because of past injustices.
If you look at Treaty 8 and the different treaties, you know that many of the commitments in the treaties are not fulfilled today. As a native person, this is our homeland, and people are here to visit us, they want to share our homeland. We, as native people, have always been sharing. We have no problem with that, we have grown up with that concept. It is always a fundamental principle that we have grown up with, probably because we all --- I know I come from a big family but you always learn to share and to be able to work together. I certainly feel it is critically important that if this Legislative Assembly is going to develop a constitution which is going to work towards a common future, one of the elements to be able to make it successful is to share the land that we are working towards developing.
Types Of Government
Mr. Chairman, I wanted to raise a couple of other comments in regard to the approach to the types of government. I do not believe there has been enough clarification in respect to clear definitions on district government, regional government and central government. I certainly feel that the public is probably thinking in their mind, what are these types of governments? With that, I would also like to suggest that to avoid another Charlottetown accord, to avoid another Meech Lake type of process, it is fundamentally important that we look at a form of constitutional development for the territories by the people of the territories, not by only the politicians in this room, in order to make sure we have a constitution that I can live with, that my children can live with and my grandchildren can live with. It is critically important this development is not from the top down. Those are basically my comments in regard to some of the comments that I have made note of in respect to this commission's report. Once again, Mr. Chairman, I thank the commissioners for developing such a workable document for us to be able to use as we develop our territorial constitution for the western Arctic. Thank you.