This is page numbers 97 - 123 of the Hansard for the 13th Assembly, 6th 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 aboriginal.

Members Present

Honourable Jim Antoine, Honourable Goo Arlooktoo, Mr. Barnabas, Honourable Charles Dent, Mr. Erasmus, Mr. Evaloarjuk, Mrs. Groenewegen, Mr. Henry, Honourable Stephen Kakfwi, Mr. Krutko, Mr. Miltenberger, Honourable Don Morin, Honourable Kelvin Ng, Mr. Ningark, Mr. O'Brien, Mr. Ootes, Mr. Picco, Mr. Rabesca, Mr. Roland, Mr. Steen, Honourable Manitok Thompson, Honourable John Todd.

Oh, God, may your spirit and guidance be in us as we work for the benefit of all our people, for peace and justice in our land and for the constant recognition of the dignity and aspirations of those whom we serve. Amen.

Item 1: Prayer
Item 1: Prayer

Page 97

The Deputy Speaker John Ningark

Thank you, Madam Groenewegen. Before we get into orders of the day. Due to an illness in his family, the Speaker will be out of the Legislative Assembly for an indefinite period of time. As Deputy Speaker, I have been asked to assume the Speaker's duties in his absence. It is hoped that the Speaker will be able to return to the Chair before this sitting of the session ends.

Also, I ask Members to join me in wishing the Member from Iqaluit, Mr. Picco, a very happy birthday. He is 47...I mean, 37 years old today.

--Applause

Thank you. Orders of the day. Item 2, Minister's statements. Mr. Ng.

Kelvin Ng Kitikmeot

Thank you, Mr. Speaker. I would like to take this opportunity to talk about the prevention of child abuse. On August 27, 1998, Sheldon Kennedy, the former NHL hockey player who was abused by his junior coach, visited Yellowknife as part of his cross Canada campaign to stop child abuse. Yellowknife Mayor Dave Lovell proclaimed August 27th Child Abuse Awareness Day in honour of Mr. Kennedy during a luncheon barbecue at City Hall.

During his one-day stay in Yellowknife, Sheldon spoke at St. Patrick's High School and visited Ndilo and the Territorial Treatment Centre. In addition, he was able through a teleconference set up by NorthwesTel to speak with people in Iqaluit, Rankin Inlet, Cambridge Bay, Inuvik and Whitehorse. Mr. Speaker, I believe that Sheldon's campaign had an impact here in the Northwest Territories as I am sure it has in the rest of Canada. Speaking out and standing up against child abuse takes courage and conviction of purpose. Sheldon's visit is to facilitate change in attitudes toward abuse, and to change in the way that we respond to abuse. He has started the Sheldon Kennedy Foundation. Its objective is to make a major contribution to the prevention and treatment of child abuse, through awareness, education and action. I believe that one of the most powerful tools we have in the fight against child abuse is awareness. By making people aware of the horrors of abuse and by supporting people in their healing, we can reduce the suffering that results from child abuse. Mr. Speaker, the prevention of child abuse can only be achieved if we work in partnership with individuals, families and communities. We all have a duty and a responsibility to protect our children from abuse by teaching and educating them. Children need to know when they are being treated inappropriately. They need to know that they do not have to put up with inappropriate behaviour. They need to know that there is somewhere they can get help. Further and just as important, we need to provide, by example, an abuse free life style.

Children can also be protected by creating an atmosphere in our communities where they feel safe enough to come forward if they are being mistreated or abused. When children do come forward we need to take action. We need to provide support and protection services, as well as legal and counselling services for those who have been victims of abuse. Mr. Speaker, the Department of Health and Social Services, in partnership with the Status of Women, has produced a brochure called Help Stop Child Sexual Abuse. We distributed this brochure at the sessions held with Sheldon Kennedy. This brochure states what child sexual abuse is, where to report abuse and provides the names of agencies that can provide assistance to those who have been abused. Additional copies of the brochure are being distributed across the NWT to boards, local offices, counselling agencies and shelters. I have distributed copies to all Members of this House.

Mr. Speaker, child abuse is a serious problem and we hope to raise awareness of this issue and the resources available to those in need. Children are our most important resource and we need to ensure that they grow up in a safe environment so that they have the opportunity to become contributing members of our society. Thank you, Mr. Speaker.

--Applause

The Deputy Speaker John Ningark

Thank you, Mr. Ng. Ministers' statements. Mr. Arlooktoo.

Goo Arlooktoo Baffin South

Thank you, Mr. Speaker. Mr.

Speaker, I rise today to provide the House with a status report on the success of the Northwest Territories Housing Corporation's initiatives to promote homeownership. In the early 1990's the corporation was spending over 70 percent of its budget on public housing, most of that money came from Ottawa. However, starting in 1992 the federal government began reducing and two years later eliminated funding for the construction of new public housing units.

Mr. Speaker, this meant the corporation had to shift its focus from building public housing to programs that helped northerners build their own homes. The corporation realized that many families living in public housing could afford the cost of running their own homes, but needed some help financing the construction. By assisting these families to move out of public housing, Mr. Speaker, public housing units could then be reallocated to those families who were in greater need.

Mr. Speaker, while the corporation has been successful in providing more NWT residents with new homes, these homes come with high price tags for the clients and cannot be afforded by everyone. The population of the NWT is young and growing, the need for lower cost single family homes is also growing. The corporation has identified this problem and is already working on innovative solutions to solve it. Thank you, Mr. Speaker.

--Applause

The Deputy Speaker John Ningark

Thank you, Mr. Arlooktoo. Ministers' statements. Mr. Dent.

Minister's Statement 22-13(6): Student Success
Item 2: Ministers' Statements

Page 98

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Speaker. Good afternoon. Mr. Speaker, I have some good news today about the growing number of high school graduates in the Northwest Territories. To date, this year we have graduated more high school students than ever before, a total of 325. We expect more before the end of the calendar year. This is an increase of nearly ten percent over the last year and nearly 100 percent since 1990 when Education, Culture and Employment put the grade extension policy in place.

Mr. Speaker, this policy is intended to improve student participation and success. I am pleased to say today that it has been effective. In 1990, only 60 percent of students had access to a high school education in their home community. That number has increased to 90 percent today. Students no longer have to leave the support of their families and communities to pursue secondary education. NWT participation rates in high school have also grown tremendously and today compare to the Canadian average. In 1990, about 45 percent of high school age northerners were enroled in school. Today, that number is close to 85 percent. By the year 2010, we expect that number to increase to 90 percent.

Many of our graduates are people who previously dropped out of school but returned when high school became available in their community. In most of Canada, the median age of high school graduates is 17 or 18; in the NWT as a whole, the median age is 19. In Nunavut, the median age of high school graduates is 20. Now that students can complete high school in their home communities, we find that students in their 30s, 40s and even 50s are returning to school and graduating. These students are to be commended for their efforts and success.

We know there is still a lot of room for improvement. Our graduation rate, even with recent increases, remains the lowest in Canada. However, I am confident that the number of high school participants and graduates will keep growing if we continue to improve access to and the quality of high school programs. We need to celebrate improvement and realize that as more people access and complete a secondary education the health and well-being of our northern society improves. A high school education opens up opportunities for jobs, for further education, for self-sufficiency.

I ask that we all acknowledge the commitment and support provided to our students by communities, families and educators across the Northwest Territories. I know I represent the Members of this House in wishing all the students in the NWT every success in this academic year.

--Applause

Minister's Statement 22-13(6): Student Success
Item 2: Ministers' Statements

Page 98

The Deputy Speaker John Ningark

Thank you, Mr. Dent. Ministers' statements. Mr. Arlooktoo.

Goo Arlooktoo Baffin South

Thank you, Mr. Speaker. On August 20th the Supreme Court of Canada delivered its opinion in the Quebec Secession Reference. I will make a few comments on the legal issue and Mr. Kakfwi will speak about the national unity dimensions of this decision.

Three questions were put to the court which essentially asked:

- Under the Constitution of Canada can Quebec unilaterally separate from Canada?

- Under international law does Quebec have a right to unilaterally separate from Canada? - If the Constitution of Canada and international law conflict, which one is paramount?

The decision is about 80 pages long. But there are some points of particular interest to the people of the Northwest Territories and Nunavut which I would like to mention.

The Minister of Justice of the NWT intervened in the reference in November, 1996. Yukon, Manitoba, Saskatchewan, Makivik, the Cree of Quebec, the Chiefs of Ontario and a number of other parties also intervened. The Government of Quebec refused to participate in the reference, so in July 1997, the court appointed a Quebec lawyer called an amicus curiae or friend of the court, to put forward any legal arguments that Quebec would probably have used if they had participated.

For the past 30 years there have been indications that the Parti Quebecois and other Quebec governments have wanted to expand into the marine areas and islands in Hudson Bay, James Bay, Ungava Bay and Hudson Strait. In December 1994, and again in September 1995, the Government of Quebec tabled sovereignty bills in their legislature which appeared to indicate that Quebec intended to unilaterally extend their jurisdiction into parts of the NWT and Nunavut. This was one of the reasons the GNWT intervened in this reference case. We do not believe Quebec has a valid claim to these areas, nor do we think that it was legal for Quebec to annex lands and waters in the NWT and Nunavut.

Intervenor aboriginal organizations argued that the Constitution, treaties/land claims agreements, aboriginal rights and international law required aboriginal consent before aboriginal peoples and their territories could be taken out of Canada. The federal government was evasive on the issue of protecting aboriginal rights in the event of separation. The federal government's legal arguments contended that aboriginal issues were important, but outside the scope of the three questions posed in the reference. The decision made by the Supreme Court confirms that Quebec does not have a right under the Constitution of Canada to separate unilaterally. The court said that Quebec must obey the law, which includes the amending formula in the Constitution of Canada.

Typically in complex court decisions, everyone can find some support for their own position. In this decision, the court said that if a clear majority voted yes to a clear referendum question, Canada would be obliged to negotiate with Quebec. In these negotiations, virtually everything would be on the table. For example, boundaries would be on the table. The rights of aboriginal peoples and minorities would have to be taken into account. There would be no presumption that Quebec could keep all of its present territory, and certainly there would be no presumption that Quebec could annex areas in Nunavut or Labrador. So Quebec might be diminished or expanded depending on the outcome of the negotiations. Mr. Speaker, we are continuing our assessment of the legal implications of this important decision, particularly of its relevance to aboriginal peoples and to the new territory of Nunavut. Thank you, Mr. Speaker.

--Applause

The Deputy Speaker John Ningark

Thank you. The Minister for National and Constitutional Affairs, Mr. Kakfwi.

Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. Mr. Speaker, my colleague, the Minister of Justice has provided a summary of some of the highlights of the Quebec Secession Reference. I would like to make a few comments about the political implications of this discussion. This decision essentially says that negotiations will be required if Quebec gets a clear yes vote on a clear question, in a referendum on separation. The decision also stresses that things will get very complicated in the event of a yes vote. But we are not on the brink of a referendum at this time. The Premier of Quebec, Mr. Bouchard, still must call an election. The outcome of the next provincial election in Quebec will be a very important indicator of what we can expect in the coming years. If Mr. Bouchard cannot produce a convincing win, including a substantial majority of the popular vote, the likelihood of a referendum in the near future is not great.

The decision in the reference case is not likely to end the national unity debate. I think it is safe to say that the PQ will try to do things indirectly, if they cannot do them directly. The social policy reform talks, for example, provide Quebec and other provinces, with an opportunity to reduce federal influence in their jurisdictions. Quebec can be expected to incrementally increase its autonomy and bide its time. At the moment Mr. Bouchard has picked a fight with the Prime Minister to try to increase Canada's influence in international affairs. In his foreign travels he often adopts the vocabulary of statehood as though Quebec were already an independent country.

On the other hand, if the conditions for a yes vote do materialize in Quebec in the near future, the fact that northern Quebec is the homeland of aboriginal peoples, with constitutionally protected rights, will be a very important factor in any negotiations. Aboriginal peoples in northern Quebec have consistently and overwhelmingly voted against separation. They want to stay in Canada. There will probably be strong forces at work to keep these areas within Canada.

On the issue of aboriginal rights the Supreme Court said:

"The promise of s.35 of the constitution...recognized not only the ancient occupation of land by aboriginal peoples, but their contribution to the building of Canada, and the special commitments made to them by successive governments. The protection of these rights, so recently and arduously achieved, whether looked at in their own right or as part of the larger concern with minorities, reflects an important underlying constitutional value."

The court clearly stated that aboriginal interests would have to be taken into account in any negotiations concerning separation. The constitution guarantees the rights of aboriginal peoples and they cannot be ignored by Quebec or Canada.

When the GNWT intervened in the reference and raised the issue of Quebec attempting to annex certain islands, some people asked what all the fuss was about over a few isolated islands. More than a few islands are at stake. The area in question is quite extensive. To put it bluntly, Quebec believes these islands would give it a better claim to potentially resource-rich marine areas such as Hudson Bay, James Bay and Ungava Bay. Quebec separatists want these islands because of the very important role they could play in drawing maritime boundaries in international law. I wrote to the federal minister and the Quebec government in 1995 to say that it would not be in the interest of northerners or Canadians generally to let these islands be spirited away by a separatist Quebec.

Many commentators, including some political leaders, have stated repeatedly that the federal government was wrong to take this reference to the Supreme Court. They argued that the matter was purely political. But all politics must operate within the limits of the law and that is one of the basic conclusions the court reached.

Along with our colleagues in the other provinces and territories, and the national and regional aboriginal organizations, we will have to take a careful look at this decision and its political ramifications in the weeks and months ahead.

Some obvious questions are:

- What constitutes a clear referendum question:

- What constitutes a clear majority?

- If there is a yes vote, who negotiates for the north and for aboriginal peoples?

- What process is used to make that decision?

- How will any deal be ratified by the Canadian people?

In closing, I believe it was important for the GNWT to intervene in this case and to bring to the attention of Canadians some of the issues which have been on the margins but which affect the north in very important ways. We must now be prepared to make sure that these unique interests are not forgotten or traded away with out our consent, in any dealings or negotiations surrounding Quebec separation. Thank you.

The Deputy Speaker John Ningark

Thank you, Mr. Kakfwi. Ministers' statements. Item 3, members' statements. Mr. Evaloarjuk.

Mark Evaloarjuk Amittuq

(Translation) Thank you, Mr. Speaker. I rise today to make a statement regarding heavy workload experienced by the two nurses in Igloolik. There are only two nurses in Igloolik, and within the past 21 days, they have seen 435 patients. There was one particular person who has had a major surgery and had to be visited by the nurses while he is at home recovering. This patient just had heart surgery. During question period, I will be asking the Minister of Health regarding this situation. Thank you, Mr. Speaker. (Translation ends).

The Deputy Speaker John Ningark

Thank you, Mr. Evaloarjuk. The honourable Member for Iqaluit, Mr. Picco.

Edward Picco Iqaluit

Thank you, Mr. Speaker. Mr. Speaker, because of the anticipated growth associated with the creation of Nunavut, the federal government allocated monies under the Nunavut incremental infrastructure envelope. These monies were targeted to the decentralized communities and Iqaluit, as outlined in Footprints 1 and 2. As part of that program, Iqaluit was scheduled for a new seven-classroom school. After reviewing the enrolment numbers and the unprecedented growth in the Tundra Valley and Happy Valley area of Iqaluit, it was quickly realized that the seven classroom facility as planned would be redundant at completion next fall. With support of the Iqaluit education authority and our departments of Public Works and Services, and Education, we began lobbying the federal government to come up with the extra money to expand the original seven classroom school to 11 classrooms. Needless to say, Mr. Speaker, that most officials and departmental staff were not very hopeful that new monies could be found, although the demonstrated need was there.

Mr. Speaker, I met with the Honourable Jane Stewart earlier this summer about the situation and the redundancy issue of the new proposed seven classroom school. Ms. Stewart also had an opportunity in early July to travel to Iqaluit to see the increased development and growth first hand. At the end of July, DIAND announced that they would increase the proposed new Iqaluit middle school from seven to 11 classrooms. I would like to take this opportunity, Mr. Speaker, to thank the Honourable Jane Stewart and the Nunavut Secretariat, our departments of Education and Public Works and Services and the Iqaluit education authority for their support and encouragement over these past several months of hard work on behalf of the people of Iqaluit. Thank you, Mr. Speaker.

--Applause.

The Deputy Speaker John Ningark

Thank you, Mr. Picco. The honourable Member for Mackenzie Delta, Mr. Krutko.

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Speaker. Mr. Speaker, my statement today is regarding this government's obligation it made when land claims were settled as a signatory to those agreements, and also for this government to enact certain sections of the land claim agreements to bring it into effect. Mr. Speaker, what I am talking about is the whole area of the Wildlife Act of the Northwest Territories, where certain amendments have to be made to allow the Gwich'in and Sahtu agreements to take part in enacting those sections which will give the boards and agencies of this agreement the authority to carry out its work and activities. Mr. Speaker, in regard to the Inuvialuit, who settled their claim in 1984, it took almost ten years for them to implement certain sections of their wildlife agreement. The Gwich'in agreement, which was signed in 1992, six years to the day, nothing has been done to ensure that those agreements are enacted so that that section also can come into effect.

Mr. Speaker, I have asked this question to the Minister several times in regard to what is being done with the Department of Resources, Wildlife and Economic Development to ensure that this legislation is being carried out to its fullest, and the Government of the Northwest Territories is doing its part to ensure that legislation is drafted and passed through this House so those agreements can take effect. Mr. Speaker, I feel it is time this government stood up and stated exactly when these agreements will have the power they need to carry them forth and the legislation drafted, so that this House can pass the appropriate legislation to enact these agreements so they can be carried out as they were negotiated, and the aboriginal groups and this government could work along ensuring that our wildlife is being protected, and also that boards have the ability to carry that out. Thank you, Mr. Speaker.

The Deputy Speaker John Ningark

Thank you, Mr. Krutko. The honourable Member for North Slave, Mr. Rabesca.

James Rabesca North Slave

Thank you, Mr. Speaker. Mr. Speaker, over the summer I had the opportunity to travel in our southern regions of our great country. During our trip, I was able to take my time and enjoy the sights along the roads. We often stopped at the rest areas to get out and stretch, and I realized that the Department of Resources, Wildlife and Economic Development has over the years, developed some very nice campgrounds and picnic areas, all easily accessible from the highways. We have some very beautiful areas that provide residents and tourists great pleasure and relaxation. The department has done a very good job of developing and promoting the various parks and campgrounds it has. However, during my return to Rae-Edzo I looked at the picnic areas on the north side of the Mackenzie River and I found the picnic areas to be in fairly good condition. Between Fort Providence and Rae-Edzo we have two picnic areas for day use only; one at Chan Lake, and the other at North Arm. As I stated, both were in very good condition, but have had no real maintenance or expansion done to them in many years.

This past summer, the department did some brushing at North Arm. It has been years since any capital work was completed at these sites, and what is most disturbing is the fact that we do not have a campground anywhere between Fort Providence and Yellowknife. I believe the department should make an effort to find a place along Highway 3 that is suitable for a campground. The North Arm day use area is the only spot on the 340 kilometre section of Highway 3 which has access to one of the world's largest lakes, Great Slave Lake. Yet, this government has not considered this spot to be considered for a campground. It is a very beautiful area, and I am sure tourists and residents alike would enjoy having a campground situated there. It has always been my understanding that in order to promote tourism, one must have facilities for tourists to stay and things for them to do. How can this be done when we lack

the most fundamental facilities to attract tourism, the campground? Thank you, Mr. Speaker.

--Applause.

The Deputy Speaker John Ningark

Thank you, Mr. Rabesca. The Member for Thebacha, Mr. Miltenberger.

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. Mr. Speaker, today I would like to briefly rise and talk about an issue which is very important to the people of Fort Smith and, I believe, the children of the Northwest Territories, and that is the state and future of our child care program in Fort Smith at a place called Trailcross. The program that is run there is geared to treat children between 12 and 18 with mild to moderate behavioural and/or emotional problems. This facility has been in Fort Smith since the 60's and has decades of honourable history and service to the people and children of the north. For the last number of years, given the fact that the building it is in is old and somewhat decrepit, the department has been studying whether, in fact, they should be renovating or replacing this building, and it started out with the need for possible minor renovations. Over the past two years this agonizingly slow at times review has not come to any conclusions. As we move into our final round of business plans as a territorial assembly, it is critical that this issue be resolved, that there be some

indication as to what is going to happen, how this very important program will be supported, and how this facility will be upgraded so that, in fact, we can continue to deliver an essential service to children in the Northwest Territories. Later, during question period, Mr. Speaker, I will be asking the Minister questions in regard to this very important program. Thank you very much.

The Deputy Speaker John Ningark

Thank you, Mr. Miltenberger. Member for Yellowknife South, Mr. Henry.

Seamus Henry Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, over the past few years we have heard of many worthwhile initiatives this government has implemented with some aim to assist northern businesses. Clearly this government is attempting to provide many avenues geared to the business community and to encourage investment and establishment of new businesses in the north. Recently, a local business person shared their concerns regarding a system of payment established by this government, and the problems associated with it. Amongst them were the regular glitches with computer systems, Christmas shutdowns and, of course, the occasional human error. Delays in receiving payments are frequent. This creates certain cash flow problems for businesses, especially when they rely solely on GNWT for revenue. This problem has a more dramatic effect on businesses in the smaller, isolated communities. Once a department receives an invoice, it is forwarded to the Department of Finance for processing. They in turn, will process a payment and issue a cheque via the mail system. We are lucky here in Yellowknife that the mail system is originating in Yellowknife, and we receive these payments in a few days. Other communities have to wait much longer. Mr. Speaker, the problem does not end there.

In some communities, there are no bank services and the businesses in turn must send their cheques to a larger community for eventual deposit. These delays all add up to a lengthy process. Mr. Speaker, I understand there is a policy in place for issuing payments and I appreciate the fact that this government has attempted to streamline their system. I am aware that the policy to issue payments to northern businesses provides for a three-week turnaround and, yes, this is a far better cry than the precomputer days. However, I believe we could do a great service to our northern business community by establishing a system of direct deposit or electronic payments where businesses can receive payments directly into their bank accounts. It is my understanding that the finance department does not have the current ability to provide this service because of a lack of software and manpower to establish such a system. We must look at the issue and give consideration to implementing a system whereby we can deposit the payments directly to businesses' bank accounts who provide services to this government. Mr. Speaker, I seek unanimous consent to conclude my statement.

The Deputy Speaker John Ningark

Thank you. The honourable Member for Yellowknife South is seeking unanimous consent to conclude his statement. Are there any nays? There are no nays. Mr. Henry, you have unanimous consent.