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.

Jane Groenewegen

Jane Groenewegen Hay River

Thank you, Mr. Speaker. Mr. Speaker, with only six days left to division I would like to set the record straight. Putting aside the issues of whether to appeal or not to appeal, the decision of Justice de Weerdt on the matter of our Electoral Boundaries and the aboriginal rights issue, I believe that we, the 14 Members who on April 1st will be the NWT Legislative Assembly, will not be unconstitutional. I believe that Justice de Weerdt would never intend for the Legislative Assembly and its duly elected Members to be put into a constitutional vacuum. I believe that a clarification should have been sought of his decision on the matter of the April 1st deadline. Mr. Speaker, I am of the opinion that, in declaring the three electoral districts of Yellowknife North, Yellowknife South and Hay River to be invalid and without force or effect in law, that Justice de Weerdt, knowing that the next general election was to be held in October, 1999, set the April 1st date to meet a six-month implementation provision in the Elections Act.

Mr. Speaker, Justice de Weerdt wanted the Legislative Assembly to fix the problem of representation in time for the next election and that any changes that were made to our boundaries would normally not come into effect until after the dissolution of this Assembly. So, Mr. Speaker, I feel we should seek clarification from Justice de Weerdt that this is what he meant. I also suggest we do indeed seek an extension of the time as this Legislative Assembly has, in good faith, introduced Bill 15 that is before a standing committee of this House. This will allow for constructive input by all residents and will be brought back for consideration of the Assembly. In the meantime, it is my understanding that on Monday morning at 11 o'clock legal counsel for our government will meet with Justice de Weerdt with a request to vary his order to allow us more time. Pending his decision, if we are unsuccessful, an appeal, not on the merits of the ruling, but regarding the timing of the judgment, will be immediately filed with the Appeals Court.

I want to make it clear that neither Bill 15 or the granting of a variance will affect the ability of the Aboriginal Summit to seek leave to appeal this ruling, and our advisors tell us that this opportunity would in all likelihood be granted. If we as legislators fail to show any movement on this court ruling, I think we could be judged by our electorate as being less than responsible. By failing to act, we would be allowing ourselves very little latitude to enact a political solution and will allow our options to be dictated by the courts. I do not believe that we should be abdicating our responsibility to the courts. Thank you, Mr. Speaker.

The Speaker Samuel Gargan

Thank you. Members' statements. Mr. Henry

Seamus Henry Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, I wish to give my sincere apologies to my constituents for my absence from the House during Wednesday's vote on the motion put forward by the Member for Tu Nedhe. Mr. Speaker, I spoke to the motion on Wednesday, and my constituents know that I strongly opposed the motion. I intended to vote accordingly. Unfortunately, in this Assembly, many things are uncertain, and not the least of these is timing. I knew after my comments that there were Members who had yet to speak. As well, under our rules, the Member who moves the motion has the right to conclude the debate, and that Member can speak for up to 20 minutes. Therefore, I fully expected that once I finished my comments the debate would still be lengthy.

Mr. Speaker, unfortunately, when I stepped out of the Assembly for a few minutes I missed the vote. My constituents know my position, but I do apologize to them that I was not able to be counted with the other Members who opposed this motion. Thank you, Mr. Speaker.

--Applause

The Speaker Samuel Gargan

Members' Statement. Mr. Antoine.

Jim Antoine Nahendeh

Thank you, Mr. Speaker. Mr. Speaker, on behalf of the people I represent in the six communities of Nahendeh, since it will be the last time we sit together in the 13th Assembly with our colleagues from Nunavut, with division coming around on the first of April, I want to express my appreciation. I have been here eight years with some of the Members here and I think that it has been a very good learning experience for me, learning from the Members from Nunavut, working with them, with the amount of dedication and work that they put into representing their own constituents. It is with mixed feelings today that I stand here and say thank you to the Members that have represented the constituency and the territory of Nunavut now.

I want to say, mahsi (translation, translator not available). I do not have a translator today even though it is aboriginal language month. I am just saying in my own language that we are going to continue to be neighbours, that we will continue to see each other and we will be working with each other for the years in the future. Your Premier-elect was here last week, Paul Okalik. We already had some discussions about how we should work together, so I think there is opportunity in the future that even though division is going to happen that we will continue to be neighbours and will continue to work together. With that I would like to thank you. Mahsi, Mr. Speaker.

The Speaker Samuel Gargan

Thank you. Members' statements. Mr. Morin.

Don Morin Tu Nedhe

Thank you, Mr. Speaker. Yesterday in this Legislative Assembly was an opportunity to say goodbye to a lot of our good friends from the Nunavut Caucus so we left it as that day. Also yesterday in the Legislative Assembly the Honourable Goo Arlooktoo, the Deputy Premier, had a Minister's statement on the Northwest Territories Electoral Boundaries.

I just wanted to say to the public out there, so they fully understand, so no one can pass the buck in this Legislative Assembly. Advice you get, as a Cabinet, advice you get from the staff and your lawyers is strictly that. Advice. The decision not to appeal strictly falls in the hands of Cabinet and the political leaders that are elected to represent all of the communities in the western Arctic. They are responsible for that decision. No one else. Lawyers can advise you, bureaucrats can advise you, but when you go to bed at night, you made that decision. When you get up tomorrow morning, you made that decision. So later on today, Mr. Speaker, I will be questioning the Premier on the decision he made to abandon the aboriginal governments of the western Arctic. Thank you.

The Speaker Samuel Gargan

Thank you. Members' statements. Item 4, returns to oral questions. Item 5, recognition of visitors in the gallery. Mr. Todd.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

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John Todd Keewatin Central

Thank you, Mr. Speaker. I rarely do this but I would be in real difficulty the rest of my life if I did not recognize these people today. I would like to recognize my two nephews, Dustin and Jackson Talbot. Are you going to stand up, boys? And of course I would also like to recognize my sister, my huge sister, and I mean huge, Ann Todd. Thank you.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

Page 139

The Speaker Samuel Gargan

Welcome to the Assembly. Recognition of visitors in the gallery. Mr. Henry.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

Page 139

Seamus Henry Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, today it gives me great pleasure to recognize in the gallery two groups. The first group, Mr. Speaker, is a group of national and international students sponsored by Rotary Club of Yellowknife who come from British Columbia, Alberta, Saskatchewan, Quebec, South Africa, Australia and France. They are accompanied by Mr. John Fenton, who is a member of the Rotary Club of Yellowknife, and Chairman of the committee which organizes this event called, Northern Experience. These

students are here to learn our northern culture and lifestyles and are extremely interested in our form of government structure.

The second group I wish to recognize, Mr. Speaker, is a group of grade three students from Ecole St. Joseph School, within my constituency. They are accompanied by their teacher, Mrs. Petra Ribbink, and parents, Ms. Margo Grayston and, as Mr. Todd the Finance Minister, recognized, his sister, Ms. Ann Todd, who as I mentioned is the Minister of Finance's sister. Thank you, Mr. Speaker.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

Page 140

The Speaker Samuel Gargan

Welcome to the Assembly. Recognition of visitors in the gallery. Mr. Antoine.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

Page 140

Jim Antoine Nahendeh

Mahsi, Mr. Speaker. Mr. Speaker, in our communities we have community health representatives and this past week there was a conference here, the first one in about ten years I am told. Thirty CHRs attended, and today as visitors in the gallery, I would like to recognize two of them, Alizette Tatsiechelle from Lutselk'e, Northwest Territories, and a very special visitor for me, my aunt, Mary Louise Norwegian of Fort Simpson.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

March 25th, 1999

Page 140

The Speaker Samuel Gargan

Welcome to the Assembly. Recognition of visitors in the gallery. Mr. Kakfwi.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

Page 140

Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. It is a rare occasion for me to recognize visitors, however we have in the gallery, a former chief from Walpole Island, Bill Tooskenig, a friend of mine, a friend of Titus Allooloo, and many other people sitting in the gallery. Thank you.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

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The Speaker Samuel Gargan

Welcome to the Assembly. Recognition of visitors in the gallery. Mr. Erasmus.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

Page 140

Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. I would like to recognize a constituent of mine from Yellowknife north, Ms. Courriveau, in the gallery. Also I would like to recognize, Mr. Craig Shenher, and from Edmonton, Mr. Rod Domoslai.

Item 5: Recognition Of Visitors In The Gallery
Item 5: Recognition Of Visitors In The Gallery

Page 140

The Speaker Samuel Gargan

Thank you. Welcome to the gallery. Recognition of visitors. Item 6, oral questions. Mr. Morin.

Question 41-13(7): Cabinet Decisions
Item 6: Oral Questions

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Don Morin Tu Nedhe

Thank you, Mr. Speaker. My question is for the Minister of Justice. Mr. Minister, here when, at any given time in the past, where you have had advice from the Department of Justice as a Cabinet, where the Cabinet has made any decision to make a decision other than the advice that you received from the legal department? Thank you.

Question 41-13(7): Cabinet Decisions
Item 6: Oral Questions

Page 140

The Speaker Samuel Gargan

Thank you. The Minister of Justice, Mr. Arlooktoo.

Return To Question 41-13(7): Cabinet Decisions
Question 41-13(7): Cabinet Decisions
Item 6: Oral Questions

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Goo Arlooktoo Baffin South

Thank you, Mr. Speaker. As the Member noted in his Member's statement, Cabinet does seek and receives advice from many knowledgeable people; technical staff, legal staff, and others; and as the Member also noted, it is a prerogative of Cabinet to take or not take that advice and follow through with it. To varying degrees we have made decisions that follow or do not follow that advice, but generally speaking we do have very good and competent legal advisors, and in most cases I would say that we tend to follow that advice. Thank you.

Return To Question 41-13(7): Cabinet Decisions
Question 41-13(7): Cabinet Decisions
Item 6: Oral Questions

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The Speaker Samuel Gargan

Oral questions. Supplementary, Mr. Morin.

Supplementary To Question 41-13(7): Cabinet Decisions
Question 41-13(7): Cabinet Decisions
Item 6: Oral Questions

Page 140

Don Morin Tu Nedhe

Thank you, Mr. Speaker. Our government is, I believe, presently, if not today then in the past, been involved in the legal challenge of the federal government's gun registration law. Can the Minister of Justice please advise this House and the public what type of advice they got from the Department of Justice, from the legal people, to Cabinet on that court case. Thank you.

Supplementary To Question 41-13(7): Cabinet Decisions
Question 41-13(7): Cabinet Decisions
Item 6: Oral Questions

Page 140

The Speaker Samuel Gargan

Mr. Arlooktoo.

Further Return To Question 41-13(7): Cabinet Decisions
Question 41-13(7): Cabinet Decisions
Item 6: Oral Questions

Page 140

Goo Arlooktoo Baffin South

Thank you, Mr. Speaker. Unfortunately I was not the Minister of Justice when the original case was decided by Cabinet, therefore I cannot comment on it. Thank you.