This is page numbers 135 - 148 of the Hansard for the 13th 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 decision.

Topics

Supplementary To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

The Speaker Samuel Gargan

Mr. Antoine.

Further Return To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

Jim Antoine Nahendeh

Thank you, Mr. Speaker. Mr. Speaker, it is a political decision that the Cabinet took.

Further Return To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

The Speaker Samuel Gargan

Oral questions. Supplementary, Mr. Morin.

Supplementary To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

Don Morin Tu Nedhe

Thank you, Mr. Speaker. In addition, in the Deputy Premier's statement yesterday he stated in the last paragraph of the first page:

This is not to say that other groups involved with this case should not appeal, if they think they have the grounds to do so. The Aboriginal Summit, for example, may have a good legal argument that should be heard by the Court of Appeal. If the summit wishes to take that argument to an appeal court, then the government will support their application to be heard and will assist them with the legal costs.

Also, Mr. Speaker, all the western Members were in a briefing with the Department of Justice yesterday. During that briefing the deputy minister of justice stated not once, but twice, during that briefing that if this Legislative Assembly were to pass legislation for 19 seats it would rule out the ability for the aboriginal governments to appeal the court's decision. Is that not correct, Mr. Premier? Thank you.

Supplementary To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

The Speaker Samuel Gargan

Mr. Antoine.

Further Return To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

Jim Antoine Nahendeh

Thank you, Mr. Speaker. Mr. Speaker, unfortunately I was not at the Western Caucus meeting yesterday. My understanding of the situation right now is that Bill 15, An Act to Amend the Legislative Assembly and Executive Council Act, is to put three seats in Yellowknife, one in Hay River, one in Inuvik. I am not trying to pass the buck here, but it seems to be the only course of action we could take at this time. It is a political decision and it is into the standing committee. In the standing committee there are rules of this House that say that they have so many days, about 120 days, I believe, to deal with this issue. We feel that this would be the best place to deal with this issue, through a political solution through this avenue.

On the other hand, we are hampered that we have to make these changes by April 1st. There will be a phone call this afternoon, I believe, between the different parties to try to take it further with Justice de Weerdt to see if we could have some stay and have some extension so that we have some more time to try to deal with this issue. That is the course of action that we have set out to do.

Further Return To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

The Speaker Samuel Gargan

Oral questions. Final supplementary, Mr. Morin.

Supplementary To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

Don Morin Tu Nedhe

Thank you, Mr. Speaker. I do not think you will find anybody to argue against coming to a political decision on this issue rather than having the courts decide. An appeal would give us that time. My question is, to anybody over there capable of answering it, if this Legislature were to pass 19 seats, the legislation for Bill 15, how would that affect the aboriginal governments right of appeal of this judge's decision? Thank you.

Supplementary To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

The Speaker Samuel Gargan

Can I ask the Member to rephrase the question? It is hypothetical. We do not know whether or not the legislation is going to pass and the Minister is not a lawyer to give a legal opinion on what impact it would have on the aboriginal people. Mr. Morin.

Supplementary To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 144

Don Morin Tu Nedhe

Thank you, Mr. Speaker. Can anyone on the

other side, the Cabinet, the Premier or anyone, please inform this House what advice they are getting from the Department of Justice on the likelihood of the aboriginal governments having any success at all when they apply for an appeal, right of an appeal.

Supplementary To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 145

The Speaker Samuel Gargan

Thank you. Mr. Antoine.

Further Return To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 145

Jim Antoine Nahendeh

Thank you, Mr. Speaker. Mr. Speaker, my understanding of this situation is that, like we said here, we have indicated that we will support the Aboriginal Summit in their right to appeal, and will provide financial assistance. We are in support of that, and my understanding is that there is a course of action that we undertook to try to accommodate the court order.

There is a political process that is in place; however, on the appeal, because of the timing, it is difficult to say what may happen. The advice that we have is that the Aboriginal Summit, if they do appeal, they have a pretty good chance of having their appeal heard. That is my understanding at this time, and we will do everything we can to support it; however, our earlier understanding was that - I think there is a process in place long enough that we will have some time to maybe figure out a political solution. If that does not happen and if we do pass Bill 15, I think it will be an academic exercise and they may not be able to be heard, their appeal, but we have enough time, I think, with the course of action that we set that will allow us to try to find some political solution even before we pass this Bill 15. Thank you.

Further Return To Question 46-13(7): Cabinet Position On De Weerdt Decision
Question 46-13(7): Cabinet Position On De Weerdt Decision
Item 6: Oral Questions

Page 145

The Speaker Samuel Gargan

Thank you. Oral questions. Mr. Morin.

Question 47-13(7): Intervenor Appeal Application
Item 6: Oral Questions

March 26th, 1999

Page 145

Don Morin Tu Nedhe

Thank you, Mr. Speaker. I think I heard the Premier correctly when he said that the legal advice that the government is getting today is that if aboriginal governments apply for an appeal, they have to apply for an appeal first, is my understanding, they stand a very high percentage of chance of getting the right to an appeal; then they also stand a very high percentage of chance of winning an appeal, they have a very good argument? Correct me if I am wrong, Mr. Premier, when you answer me, but that is what I heard. If anything changes, will they still have the same percentage of chance to have a right to an appeal? Thank you.

Question 47-13(7): Intervenor Appeal Application
Item 6: Oral Questions

Page 145

The Speaker Samuel Gargan

I would like to remind the Members when you put an if or what-if kind of a question, then it is difficult for any Minister to make those predictions and I would like the Members to realize that. Mr. Morin, could you rephrase the question.