Thank you, Mr. Speaker. Mr. Speaker, my question is to the Minister in regard to the whole area of the land claims rights that this government, as a third party to those negotiations, have signed on to these land claim agreements. There are certain obligations that the Government of Canada has made, an obligation that this Government of the Northwest Territories has made, along with the aboriginal people, to uphold those land claim agreements. I would like to ask the Minister, has he considered looking at the implications of this court decision that presently is being dealt with and how it may jeopardize those inherent rights that flow from these land claims agreements under section 35?
Question 49-13(7): Land Claim Agreements Implementation
In the Legislative Assembly on March 29th, 1999. See this topic in context.
Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
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Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
Page 152
The Speaker Samuel Gargan
The Minister responsible for Aboriginal Affairs and Northern Constitutional Affairs, Mr. Antoine.
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Jim Antoine Nahendeh
Mahsi, Mr. Speaker. Mr. Speaker, as Minister responsible for Aboriginal Affairs, we do work in the whole area of implementing the claims that have been negotiated, the land claims through the comprehensive Land Claims Agreements and yes, we are as a government a signatory to the agreement and we have an implementation committee consisting of the Government of the Northwest Territories along with the federal government and the claimant groups. For example, the Gwich'in Nation are also a claimant
group so they are also part of it, so like the Innuvialuit have similar arrangements along with the Dene, Metis from the Sahtu; so, yes, we are a third party to these Land Claims Agreements and the agreements are such that if anything is going to happen to the claims, then all the three parties have to be included. So, I do not think there is any danger of any changes at all to the agreements as they have been signed today. Thank you.
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Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
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The Speaker Samuel Gargan
Oral questions. Supplementary, Mr. Krutko.
Supplementary To Question 49-13(7): Land Claim Agreements Implementation
Question 49-13(7): Land Claim Agreements Implementation
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David Krutko Mackenzie Delta
Thank you, Mr. Speaker. In regard to the de Weerdt decision, he made reference that the Charter of Rights basically does not fall in line with the rights that flow from section 25 and section 35 of the Canadian Constitution. Section 35 is the section that the Land Claims Agreements flow through, but also it recognizes the distinct right of aboriginal people to establish certain regimes through their Land Claim Agreements. I would like to ask the Premier, in regard to Justice de Weerdt's decision, of considering the Charter of Rights over and above the constitutionally protected rights of aboriginal people under section 35...
Supplementary To Question 49-13(7): Land Claim Agreements Implementation
Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
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The Speaker Samuel Gargan
Thank you. I have to rule the question out of order. The Member is seeking a legal opinion of the Minister, which is not allowed. Would you like to rephrase your question, Mr. Krutko?
Supplementary To Question 49-13(7): Land Claim Agreements Implementation
Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
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David Krutko Mackenzie Delta
Thank you, Mr. Speaker. Can the Premier tell me if they have considered the implications of the de Weerdt decision in regard to the aboriginal land claim protection rights that flow from section 35 and the rights that all Canadians have under the Charter of Rights. Have you considered the implications of this decision on the aboriginal people that do have land claims under section 35?
Supplementary To Question 49-13(7): Land Claim Agreements Implementation
Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
March 28th, 1999
Page 153
The Speaker Samuel Gargan
Mr. Antoine.
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Question 49-13(7): Land Claim Agreements Implementation
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Jim Antoine Nahendeh
Thank you, Mr. Speaker. Mr. Speaker, the government did not look into that specific area that the honourable Member is making reference to. We are setting a course of action as a government in Bill 15 to try and find a political solution, but all these highly technical questions, I am going to have to take it as advisement and direct our legal assistant, our lawyers, to look at the questions and see what the connection is here. Thank you.
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Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
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The Speaker Samuel Gargan
Oral questions. Final supplementary, Mr. Krutko.
Supplementary To Question 49-13(7): Land Claim Agreements Implementation
Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
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David Krutko Mackenzie Delta
Thank you, Mr. Speaker. Thank you, Mr. Premier. Can the Premier give some thought to, in reviewing this, of considering a constitutional expert who does have a constitutional background in regard to considering implications of the de Weerdt decision and also the question of the Charter of Rights for aboriginal people under section 35? Will the Premier give me assurances that he will consider a constitutional expert in this field?
Supplementary To Question 49-13(7): Land Claim Agreements Implementation
Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
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The Speaker Samuel Gargan
Thank you. Mr. Antoine.
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Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
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Jim Antoine Nahendeh
Thank you, Mr. Speaker. Yes, we are seeking some help in the constitutional expert area and we will get back to the Member on that. Thank you.
Further Return To Question 49-13(7): Land Claim Agreements Implementation
Question 49-13(7): Land Claim Agreements Implementation
Item 6: Oral Questions
Page 153
The Speaker Samuel Gargan
Oral questions. Mr. Ootes.