Thank you. Item 13, tabling of documents. Item 14, notices of motion. Mr. Koe.

Mahsi, Mr. Speaker. Mr. Speaker, I give notice that on Monday, June 5 1995, I will move the following motion: I move, seconded by the honourable Member for Baffin Central, that this Assembly recommends that the following 12 draft principles approved by the CDSC be used as the basis to guide the western constitutional process:

1. The CDSC is working towards establishing an innovative constitution and structure of government for a western territory;

2. The new government will represent and serve all residents of the western territory.

3. There will be community, central and regional government institutions.

4. The constitution of the western territory will be consistent with the constitution of Canada, including the Charter of Rights and Freedoms.

5. The constitution of the western territory will recognize and affirm, and accommodate to the maximum extent possible, existing aboriginal and treaty rights, including modern treaties and aboriginal peoples' inherent right of self-government;

6. The new system of government will include aboriginal government institutions as well as public government institutions;

7. The new government will recognize self-government agreements negotiated by aboriginal peoples and Canada;

8. A division of powers will be developed with a view to allowing authority to be exercised by the level of government which is able to deliver a service most effectively and efficiently;

9. Based on public involvement and direction, and the support of aboriginal governments and the Legislative Assembly, the CDSC will continue to guide the constitutional process to its conclusion;

10. The public will be involved through information distribution, community meetings, regional workshops and constitutional conferences, and residents of the western territory will have the opportunity to ratify a final constitutional package;

11. The CDSC is committed to having a new constitution and structure of government for the western territory in place for the division of the Northwest Territories planned for 1999;

12. The federal government will enact legislation to implement the territorial constitution and aboriginal self-government agreements, and therefore, it must be involved in the western constitutional process;

And further, that this Assembly:

1. Recommends that the principles for the structure of government for the new western territory identified in the consensus emerging from the first constitutional conference be used as the basis for continuing the CDSC process;

2. Endorses the continuation of the CDSC process to ensure ongoing public consultation and discussion and progress on the development, ratification and implementation of a proposal for a constitution and structure of government for the new western territory; and

And further, that this Assembly recommends that the Government of Canada and the Government of the Northwest Territories consider providing an appropriate level of funding to the CDSC to conclude the western constitutional process.

Mr. Speaker, at the appropriate time, I will be seeking unanimous consent to deal with my motion today. I made an error on my seconder; the seconder should be the honourable Member for Baffin Central. Thank you.

---Applause

Thank you, Mr. Koe. Item 14, notices of motions. Item 15, notices of motion for first reading of bills. Mr. Kakfwi.

The Minister is seeking unanimous consent to return to item 13, tabling of documents. Do we have any nays? There are no nays. Mr. Kakfwi, proceed.

Thank you. Item 13, tabling of documents. Item 15, notices of motions for first reading of bills. We'll take a 15 minute break.

---SHORT RECESS

We're on item 16, motions. Motion 18-12(7). Mrs. Marie-Jewell.

Thank you, Mr. Speaker. I'd like to ask your indulgence to defer this motion. I know it can't be deferred because it is the second day of being on the order paper, but I would prefer to put forward this motion in June when we reconvene. Thank you. It is just due to the cold that I have.

Thank you. Your motion will be dropped from the order paper. Item 16, motions. Mr. Koe.

Thank you, Mr. Speaker. Mr. Speaker, I seek unanimous consent to deal with my motion on the western constitutional process today.

Thank you. The Member for Inuvik is seeking unanimous consent. Are there any nays? There are no nays. Please proceed, Mr. Koe. There are no nays. Mr. Koe, proceed.

Thank you. Do we have unanimous consent? We do. Mr. Koe, continue.

Thank you, Mr. Speaker.

1. The CDSC is working towards establishing an innovative constitution and structure of government for a western territory;

2. The new government will represent and serve all residents of the western territory.

3. There will be community, central and regional government institutions.

4. The constitution of the western territory will be consistent with the constitution of Canada, including the Charter of Rights and Freedoms.

5. The constitution of the western territory will recognize and affirm, and accommodate to the maximum extent possible, existing aboriginal and treaty rights, including modern treaties and aboriginal peoples' inherent right of self-government;

6. The new system of government will include aboriginal government institutions as well as public government institutions;

7. The new government will recognize self-government agreements negotiated by aboriginal peoples and Canada;

8. A division of powers will be developed with a view to allowing authority to be exercised by the level of government which is able to deliver a service most effectively and efficiently;

9. Based on public involvement and direction, and the support of aboriginal governments and the Legislative Assembly, the CDSC will continue to guide the constitutional process to its conclusion;

10. The public will be involved through information distribution, community meetings, regional workshops and constitutional conferences, and residents of the western territory will have the opportunity to ratify a final constitutional package;

11. The CDSC is committed to having a new constitution and structure of government for the western territory in place for the division of the Northwest Territories planned for 1999;

12. The federal government will enact legislation to implement the territorial constitution and aboriginal self-government agreements, and therefore, it must be involved in the western constitutional process;

FURTHERMORE, that this Assembly:

1. Recommends that the principles for the structure of government for the new western territory identified in the consensus emerging from the first constitutional conference be used as the basis for continuing the CDSC process;

2. Endorses the continuation of the CDSC process to ensure ongoing public consultation and discussion and progress on the development, ratification and implementation of a proposal for a constitution and structure of government for the new western territory; and,

AND FURTHER, that this Assembly recommends that the Government of Canada and the Government of the Northwest Territories consider providing an appropriate level of funding to the CDSC to conclude the western constitutional process.

Mahsi.

Thank you, Mr. Koe. The motion is in order. To the motion. Mr. Koe.

Mahsi, Mr. Speaker. I would just like to make some comments on the background leading up to this motion and the process we've been following in the development of the constitutional process and principles in the western Arctic.

There has been a long history of support by the federal and territorial governments and this Assembly for the western constitutional development process. The Government of the Northwest Territories and Legislative Assembly supported the Constitutional Alliance, which included the Western Constitutional and Nunavut Constitutional Forums, from 1982 to 1989.

The Iqaluit agreement between the WCF and the NCF in 1989 was endorsed in the Legislative Assembly. The principles established in the Iqaluit agreement are consistent with the 12 draft principles approved by the CDSC in December 1993, and are consistent with the points of consensus which emerged from the CDSC's first constitutional conference last January.

Canada committed itself to division by initialling the TFN Act in 1990 and by signing the final agreement and passing the Nunavut Act. The federal and territorial governments and the Legislative Assembly support the principle for dividing the Northwest Territories, which resulted in the passage of the Nunavut Act in 1993. That committed Canada to division of the Northwest Territories into two new territories on April 1, 1999.

This means two new territories, each with its own system of government, including support for eastern and western constitutional processes leading to proposals for structures of government in each new territory. The Government of the Northwest Territories and this Assembly have reconfirmed their commitment to the western process by:

1. Helping to form and participate in a western committee of political leaders in March 1991;

2. Establishing and funding a Bourque Commission for constitutional development in 1991 and 1992;

3. The Legislative Assembly was a major proponent of expanding the committee of political leaders to become the now Constitutional Development Steering Committee in November 1992, and all the 14 western MLAs are Members of that committee;

4. The Legislative Assembly formally accepted the Bourque Commission report and referred it to the CDSC to serve as a starting point to develop a constitution and structure of government for the western territory in November 1992;

5. The Government of the Northwest Territories funded nine organizations involved in the CDSC process to research and propose means of implementing self-government in the context of a western territory; and, 6.The CDSC, including its majority membership of western MLAs approved a workplan and 12 principles to guide its efforts in December 1993. These principles are consistent with the Iqaluit agreement, the Bourque Commission report and the points of emerging consensus from the first constitutional conference.

There has also been considerable support from the federal Minister of Indian and Northern Affairs, the Honourable Ron Irwin, for the CDSC's activities in the past year and in the many statements that the honourable Minister of Indian Affairs has made to various groups across the Northwest Territories. I would like to quote some of the comments the Minister has made in his letters and statements which support the ongoing process.

On June 27, 1994, the Minister wrote a letter to the chairman of the CDSC, and I quote:

"I am fully supportive of the process that the committee envisions for the development of a structure of government and constitution for the new western territory." He also states: "Where the CDSC is vitally important is in ensuring the numerous parties in the north come together to shape a common vision of how their interests fit within the context of a single, effective and affordable territorial government structure within the western NWT."

Also at the first constitutional conference, the honourable Minister made some comments, and I would like to quote some of these: "I am here with Jean Chretien's lifelong commitment. My mandate is simple: implement his commitment to the north." Another quote:

"Here in the western territory, the Government of Canada supports, as does the Government of the Northwest Territories, the concept of one territorial government, a government which reflects a relationship among aboriginal and non-aboriginal residents. It is my belief and that of the Government of Canada that a single territorial government in the west is the way to ensure effective government. A single government does not mean that people cannot have control over regional or local interests. I support decentralization when it is consistent with good government and fiscal responsibility."

The Minister also referred to the timing of the constitutional process and opportunities. He talked about windows of opportunity, and I quote:

"How long can we have this window? These windows disappear and we would be fools not to go through the window while it exists. I see this all over the country, the time to move is now. We are committed to building a new partnership with aboriginal peoples that is based on trust, mutual respect and participation in the decision-making process."

The Minister also stated: "I am confident that a unique arrangement will emerge that will meet the distinct needs of northerners. This conference is evidence of the commitment to harmonizing the interests of all northerners." And finally: "The CDSC process provides a great opportunity. It is an opportunity, and it is something that we have to make work.

It is an opportunity for all western NWT residents to help shape their new governments."

Mr. Speaker, those were a few excerpts from remarks made by the Honourable Ron Irwin in addressing the western constitutional conference and from some of the letters he sent to various groups in the north.

In conclusion, Mr. Speaker, I would like to say that the CDSC's first constitutional conference was very successful. It met its objectives and resulted in the identification of 22 major points of consensus, and it requires our continued support. Commitment to a western constitutional process linked to division goes back much further than the commitment to fund the CDSC in the past year. There has been a growing commitment by Canada, the Government of the Northwest Territories, and this Legislature, which began as far back as 1982.

Mr. Speaker, two acceptable territorial governments must be in place by April 1, 1999: Nunavut and the yet-to-be-named new western territory. This is an urgent matter and one of major political significance to not only the west but also to the east. Therefore, I seek the support of this Assembly for the continuation of the western constitutional process in order to ensure the development of a new constitution and appropriate structures of government for the western Northwest Territories by the April 1, 1999 deadline, and by supporting this motion, we in the Northwest Territories give direction to the Government of Canada to continue their support for the development of the new western territory. Mahsi.

---Applause

Thank you. Seconder of the motion, Ms. Mike.

Thank you, Mr. Speaker. The Members of Nunavut Caucus are pleased to support this motion...

---Applause

...in acknowledgement of the fact that the division of the Northwest Territories in 1999 not only creates Nunavut but a western territory as well. Many of the same issues and concerns that are facing the development of public government in the east are being dealt with in the west. Consultation, cooperation and consensus are key elements in shaping our governments. The Nunavut Caucus is pleased to endorse a process that employs these elements as the foundation for achieving a fair, equitable and representative public government in the west. When the process for division began, there was a commitment that east and west would work together in the spirit of cooperation and support. This spirit has endured and will endure as we move closer to our goals, Nunavut and the western territory. Thank you, Mr. Speaker.

---Applause

To the motion.

Question

.

Question has been called. All those in favour? All those opposed? Any abstentions? Motion is carried.

---Carried

---Applause

Item 16, motions. Item 17, first reading of bills. Item 18, second reading of bills. Item 19, consideration in committee of the whole of bills and other matters: Bill 13, An Act to Amend the Fair Practices Act;p Bill 16, An Act to Amend the Retirement Plan Beneficiaries Act; Bill 26, An Act to Amend the Jury Act; Bill 27, An Act to Amend the Land Titles Act; Bill 30, Deficit Elimination Act; Committee Report 2-12(7), Report on the Legislative Action Paper on the Office of Ombudsman for the Northwest Territories; Committee Report 3-12(7), Report on the Review of the Legislative Action Paper Proposing New Heritage Legislation for the Northwest Territories; Committee Report 5-12(7), Report on the Review of Rewriting the Liquor Laws of the Northwest Territories: A Legislative Action Paper; Committee Report 6-12(7), Report on the Review of the Legislative Discussion Paper on the Draft of the New Education Act; Committee Report 7-12(7), Report on the Second Annual Report, 1993-94, of the Languages Commissioner of the NWT, with Mr. Ningark in the chair.

The committee will come back to order. What is the wish of the committee? Mr. Koe.