This is page numbers 1311 - 1340 of the Hansard for the 12th Assembly, 7th 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 education.

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Supplementary To Question 601-12(7): Status Of Northern Accord Negotiations
Question 601-12(7): Status Of Northern Accord Negotiations
Item 6: Oral Questions

Page 1317

Fred Koe Inuvik

There have been many comments, made not only in this House but by various people who are presently negotiating, about some of the issues that are impeding progress. Can the Minister outline to us some of the issues that are impeding progress at this time?

Supplementary To Question 601-12(7): Status Of Northern Accord Negotiations
Question 601-12(7): Status Of Northern Accord Negotiations
Item 6: Oral Questions

Page 1317

The Speaker Samuel Gargan

Mr. Todd.

Further Return To Question 601-12(7): Status Of Northern Accord Negotiations
Question 601-12(7): Status Of Northern Accord Negotiations
Item 6: Oral Questions

Page 1317

John Todd Keewatin Central

Thank you, Mr. Speaker. The major issue that appeared -- or maybe currently is; why knows? As I said, these negotiations are under way, so I don't want to make any comments that would jeopardize a satisfactory arrangement --to be a bit of a stumbling block in the discussions was the definition of the inherent right to self-government, et cetera. Indicated to the group who were negotiating that this responsibility lay with Mr. Kakfwi and Mr. Kakfwi, I believe, has dealt with that -- at least to the satisfaction of this government -- in an orderly and expeditious way.

Further Return To Question 601-12(7): Status Of Northern Accord Negotiations
Question 601-12(7): Status Of Northern Accord Negotiations
Item 6: Oral Questions

Page 1317

The Speaker Samuel Gargan

Thank you. Supplementary, Mr. Koe.

Supplementary To Question 601-12(7): Status Of Northern Accord Negotiations
Question 601-12(7): Status Of Northern Accord Negotiations
Item 6: Oral Questions

Page 1317

Fred Koe Inuvik

Thank you, Mr. Speaker. On June 2nd and 5th of this year, Minister Kakfwi did write letters to the aboriginal leaders about this government's position on inherent right to self-government. These letters were subsequently circulated to Members of this Assembly. What is this government's position in the current negotiations on the inherent right to self-government with respect to the collection of revenues from oil, gas and minerals within the respective claimant areas?

Supplementary To Question 601-12(7): Status Of Northern Accord Negotiations
Question 601-12(7): Status Of Northern Accord Negotiations
Item 6: Oral Questions

Page 1317

The Speaker Samuel Gargan

Mr. Todd.

Supplementary To Question 601-12(7): Status Of Northern Accord Negotiations
Question 601-12(7): Status Of Northern Accord Negotiations
Item 6: Oral Questions

Page 1317

John Todd Keewatin Central

It seems to me that that question should perhaps be addressed to Mr. Kakfwi. Otherwise, I would have to take it as notice, Mr. Speaker.

Supplementary To Question 601-12(7): Status Of Northern Accord Negotiations
Question 601-12(7): Status Of Northern Accord Negotiations
Item 6: Oral Questions

Page 1317

The Speaker Samuel Gargan

Thank you, Mr. Todd. The question was taken as notice. Item 6, oral questions. Mr. Koe.

Fred Koe Inuvik

Mahsi, Mr. Speaker. I have a question for the Minister of Intergovernmental and Aboriginal Affairs. On June 2nd and June 5th, he wrote letters to the aboriginal leaders stating this government's position on inherent self-government. Subsequently, copies of these letters were sent or distributed to Members of this Assembly. Have the aboriginal leaders indicated their positions in response to these letters which you sent?

The Speaker Samuel Gargan

Minister of Intergovernmental and Aboriginal Affairs, Mr. Kakfwi.

Return To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. The matter which is being questioned is supposedly under negotiation. I have great reluctance to try to word anything off the cuff because the precision of the wording, the choice of words we use to communicate our position, has been a matter of great debate between lawyers. You could almost make a career out of arguing about what phrases and terminology you should use in this communication. The fact is I was asked to provide some comfort to aboriginal groups with regard to our position on the inherent right, respond to whether or not this government should be a third party in self-government negotiations and provide some other comments. I have done that. They asked for a letter, so I worked with my officials to draft a letter I thought would provide comfort. The response was varied. I provided a second draft yesterday to the groups to ask if this provided any additional comfort and only one group thought there may be interest in receiving such a letter. However, for the most part, they were either indifferent or dismissive of such a letter. So I have not closed the door on it, but I am not inclined at this time to provide a letter to them since it seems to bring no general comfort to them at all. Thank you.

Return To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1317

The Speaker Samuel Gargan

Thank you. Supplementary, Mr. Koe.

Supplementary To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1317

Fred Koe Inuvik

Mahsi, Mr. Speaker. The issue of inherent right to self-government is not new and has been underriding various negotiations, not only in claims, but treaty negotiations and other negotiations across Canada. What consultation has been happening to promote this government's position on the inherent right of self-government?

Supplementary To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1317

The Speaker Samuel Gargan

Thank you. Mr. Kakfwi.

Further Return To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1318

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, this government has, since the early 1980s, taken the position that aboriginal people have the right to self-government. In the last eight years, we have taken the position that this government recognizes the inherent right of aboriginal people to govern themselves. We

took that position in the negotiations leading up to the Charlottetown accord.

In the last two years since the election of the Liberal government and their promise in the red book that they will recognize the inherent right, we have all been waiting, rather impatiently, for the delivery of a policy; the federal position on what "inherent right" means and what they are prepared to negotiate. Having said that, it is our government's initiative to start circulating a draft protocol and mandate that spells out what our initial thoughts are with regard to self-government, and Cabinet has approved a draft paper for discussion purposes. We have sought to consult with aboriginal groups to get their initial thinking on it. Some provided a very detailed response to the paper and others were perhaps not dismissive, but deferred comment until the federal government came forward with their own paper. So we have tried to complete consultations and are presently formulating a response to the paper based on what we got back. We will be making suggestions or recommendations to Cabinet in the next few weeks. Thank you.

Further Return To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1318

The Speaker Samuel Gargan

Thank you. Supplementary, Mr. Koe.

Supplementary To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1318

Fred Koe Inuvik

Thank you, Mr. Speaker. One of the contentious areas is the position of the Northwest Territories when it comes down to the actual negotiations, and the various groups are active in various stages of negotiating self-government arrangements with the federal government. During the landclaims discussions, this government was a member of the federal government team. I would like some clarification on what this government's position is as it pertains to the self-government negotiations. Is this government a member of the federal team or are they a full participant in the negotiations?

Supplementary To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1318

The Speaker Samuel Gargan

Mr. Kakfwi.

Further Return To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1318

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, I have had this discussion with the aboriginal groups. It is the position of this government that we must be a separate party from the federal government on self-government negotiations. At this time, that is our position. We feel that we are presently funded and mandated to deliver programs and services and the public would expect and demand that the quality of service that we deliver must be protected in the course of negotiations. So we must have a direct hand in those areas in the course of negotiations that affect our present responsibilities; jurisdiction, you might say. I have advised the aboriginal groups and, as far as I know, no one has denied them their supposed bilateral relations with the federal government. For those subject matters that are exclusive to them, there is no argument from us and we feel they should have bilateral discussions. But for those areas that affect programs and services and responsibilities currently under the territorial government, we must be there. We believe the aboriginal people in the communities will understand, support and respect that position

If it is the unanimous view of all the aboriginal groups that, in fact, they want us to be part of the federal government or not in the room at all, I would be prepared to accept that and bring it to Cabinet, as well, for their consideration. But, in my view, it would not lead to expedient negotiations and it would impede any type of progress since the mechanism of negotiations would change dramatically. There will be, in any case, consultation between the federal government and ourselves and it would slow down what, otherwise, could be very dynamic and progressive negotiations. Thank you.

Supplementary To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1318

Fred Koe Inuvik

Mahsi, Mr. Speaker. The negotiations are currently under way on the northern accord, so I would like to ask the Minister, what is this government's position in the current northern accord discussions on the inherent fight to self- government, with respect to the collection of revenues from oil, gas and minerals within the respective claimant areas?

Supplementary To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1318

The Speaker Samuel Gargan

Mr. Kakfwi.

Supplementary To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1318

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, I think the question is the same one that was taken as notice by Mr. Todd just a little earlier, so I will take the question as notice as well. Thank you.

Supplementary To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1318

The Speaker Samuel Gargan

I would like to advise the Minister that the question is quite legitimate. There are two Ministers who are responsible for the question that has been asked. Mr. Todd doesn't know the answer, so he has taken the question as notice but still, as the Minister for Intergovernmental and Aboriginal Affairs, you also have that responsibility. Mr. Kakfwi do you wish to respond, or take the question as notice?

--- Applause

Further Return To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1319

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, what the aboriginal groups want to do is to start defining the inherent right, using the mechanism of the northern accord. That is where we raise our objections. We feel that the inherent right is more properly addressed through negotiations with the federal government and ourselves in self-government negotiations. We can, at this time, make some broad statements about the inherent right, but the specific elements of what may be within the scope of the inherent right are better left to negotiations.

That is because there is some difficulty with being specific and predetermining negotiations through forums like this Legislature. Having said that, this government has been prepared, for instance, to recognize that legislative and administrative capacity over aspects of oil, gas and other natural resources must, from our perspective, be determined to fall within the scope of the inherent right. What that means and the details of that, again, should be subject to negotiations. It is not for us to unilaterally dictate our positions because, for as well. one, in the event that a court case should be taken, the position of this Cabinet may be used and at that time, it may

not be of comfort to the aboriginal groups, who are seeking some clarification and specifics from this government. Further Return To Question 603-12(7): Status Of BIP The Deh Cho, for instance, have said that any statement we've come up with so far -- the first one, plus the draft that I've given them -- takes away from the inherent right; therefore, they don't want any statement from us at this time. The Sahtu is, as far as I understand it, the only one still interested in such a statement. There, again, we have a draft which I was prepared to give them but, because of the rejection by most of the groups, we're considering what to do with the draft we have placed before them. Thank you.

Further Return To Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Question 602-12(7): Position Of Aboriginal Leaders On GNWT Position On Self-government
Item 6: Oral Questions

Page 1319

The Speaker Samuel Gargan

Thank you. Item 6, oral questions. Mr. Dent.