Thank you, Mr. Speaker.
WHEREAS the Supreme Court of the NWT ruled on March 5, 1999, that the boundaries of three constituencies located in the western Arctic are unconstitutional;
AND WHEREAS there are compelling reasons for the Government of the NWT, as the respondent in this case, to appeal this decision, including:
-Concern for the constitutional future of the Western Territory and its place in the Canadian Federation;
-Safeguarding of the Western Territory in the context of treaty, land resources and governance negotiations and discussions;
-The fiduciary duty of the Government of the NWT as an agent of the Crown towards aboriginal peoples and aboriginal governments in the Northwest Territories;
-The duty of the Government of the Northwest Territories to ensure respect for the spirit and intent of Crown aboriginal treaties and Crown undertakings under those treaties;
-Important principles of constitutional interpretation, including the matter of the appropriate balance between individual rights as reflected in section 3 of the Charter of Rights and Freedoms and collective rights as reflected in section 25 of the Charter and section 35 of the Constitution Act, 1982;
-The appropriate role of the courts in ensuring that nothing be allowed to transpire that would frustrate the ability of the Crown to honour its commitments towards aboriginal people, to negotiation in good faith with aboriginal governments and to honour its treaty commitments.
AND WHEREAS it is imperative that issues relating to electoral boundaries be determined within the political sphere and not be decided by the courts;
AND WHEREAS the western NWT Aboriginal Summit, a forum for aboriginal governments in the new Western Territory, a partner with the Western Caucus of MLAs in developing constitutional proposals for the west, has urged the Western Caucus and the Premier to support the Government of the Northwest Territories appealing this decision;
AND WHEREAS it is imperative that a political decision on this issue be reached in consultation with, and with the concurrence of, the aboriginal governments of the western NWT;
NOW THEREFORE I MOVE, seconded by the honourable Member for Mackenzie Delta, that the Legislative Assembly recommends to the Executive Council that they immediately file an appeal of the March 5, 1999, decision of the Supreme Court of the Northwest Territories in the matter of Friends of Democracy et al, vs. the Commissioner of the Northwest Territories et al, and take all steps necessary to ensure that the decision of the Supreme Court of the Northwest Territories is stayed pending the hearing of an appeal. Thank you, Mr. Speaker.