Thank you, Mr. Speaker. Over the last few years efforts to develop a new constitution for the Northwest Territories have been unsuccessful, because of the different visions of governance in the NWT. This variance of vision is now focused on the issue of representation in the Legislature, specifically on the discrepancy of representation between rural ridings and urban areas.
Proponents on both sides of the issue are asserting their legally constituted rights. On one side, people in urban areas such as Yellowknife feel the burgeoning population in their ridings is depriving them of their right to equitable representation in the Legislative Assembly. On the other hand, many aboriginal people are equally adamant that additional urban representation could take away from their rights. In the interests of creating a climate where we can live together in cooperation, it is important for people on both sides of this issue to stretch their perceptions and attempt to understand the opposing viewpoint.
However, because of the growth of urban areas such as Yellowknife in recent years, the discrepancy between the size of urban and rural ridings has become too great and now we are out of balance. To give an example that has been repeated many times, Yellowknife South has a population of 7,105, compared to the riding of Tu Nedhe with a population of 842.
What is complicating this issue are the self-government negotiations currently underway between the various aboriginal groups and the federal government. There is concern that self-government agreements should be in place before public government issues are dealt with. Aboriginal people want appropriate and fair representation. I can understand and appreciate that. It is everyone's desire to have a territorial government that represents aboriginal and non-aboriginal residents of the NWT on a fair and equitable basis.
In the summer and fall of 1998, the NWT Boundaries Commission conducted a review of electoral ridings through a community consultation process. This commission was composed of two people from rural NWT communities and one Supreme Court Justice from Yellowknife. Their review noted the unfair disparity between urban and rural ridings and in September, 1998, the commission recommended the creation of two additional seats for Yellowknife.
Unfortunately, this recommendation was defeated in the Legislative Assembly and a subsequent motion to create only one additional riding in Yellowknife was also defeated. In turn, the decision to keep the NWT down to 14 ridings was then challenged in court by the Friends of Democracy, an action that was opposed by intervenors, Northwest Territories Metis Nation, Dene Nation, North Slave Metis Alliance, Sahtu Secretariat Incorporated and Lutselk'e Band, all of whom are members of the Aboriginal Summit.
In early March, Justice Mark de Weerdt declared three of the NWT ridings, Yellowknife South, Yellowknife North and Hay River, invalid because the population of these ridings were more than 25 percent higher than the average population of all the ridings. Justice de Weerdt upheld the Friends of Democracy position that the under-representation of certain constituencies was contrary to Section 3 of the Canadian Charter of Rights and Freedoms. He rejected the position put forth by the Government of the Northwest Territories, and supported the intervenors, that Section 3 is subject to Section 25 which guarantees aboriginal and treaty rights. Justice de Weerdt noted that 20 percent of the voting population of Yellowknife consists of aboriginal people "whose right to effective representation in the Legislative Assembly is affected equally with that of the non-aboriginal population, by the existing maldistribution of seats in the Assembly."
Justice de Weerdt also concluded "that removing the basis for the existing gross numerical under-representation in the Assembly, of citizens of Yellowknife need not in any really significant way alter the existing balance of political power in the Assembly." Justice de Weerdt declared the three ridings of Yellowknife North, Yellowknife South and Hay River invalid but did not tell us how to fix the problem.
At first it seemed possible to solve the problem by splitting each of the invalid ridings to create three more seats. As soon as additional seats are created, the average population of each riding changes and other ridings come into dispute. Once we added two seats to Yellowknife and one to Hay River, then other ridings in Yellowknife and Inuvik were under-represented by more than 25 percent, so more seats had to be added there. Other configurations are possible, but the five seat option is the only one which maintains the cultural and geographic integrity of the ridings.
Where do we stand now? The decision by Justice de Weerdt originally carried a deadline of April 1, 1999, which was later extended to September 1, 1999. Cabinet has decided to follow legal advice not to have the Government of the Northwest Territories appeal Justice de Weerdt's decision. However, the Aboriginal Summit has applied to appeal and Cabinet has agreed to financially support the Aboriginal Summit and the Friends of Democracy in an appeal of Justice de Weerdt's decision.
The Appeal Court has indicated it will possibly hear the application for appeal between June 15th and June 17th. Meanwhile, Bill 15, the bill to revise the electoral boundaries to establish five additional seats, three in Yellowknife, one in Hay River and one in Inuvik, for a total of 19 seats, has received two readings by the Legislative Assembly and has been referred to the Standing Committee on Government Operations for review.
The committee has up to 120 days to review the legislation. This review period expires July 22nd, 1999. The Legislative Assembly is scheduled to sit again beginning July 26th and Bill 15 on the electoral boundaries situation can possibly be considered then. So this is where the current situation is at. I am still hopeful we can have a fall election. However, it is difficult to confirm an election date for two reasons:
1. The review of Bill 15 on the electoral boundaries is before the Standing Committee of Government Operations and could be referred back to the Legislative Assembly for consideration anytime between now up to July 22, 1999.
2. The Chief Electoral Officer requires up to six months to prepare for an election. This time can possibly be reduced by a month or so, but preparations cannot begin until the electoral boundaries bill is dealt with by the Legislative Assembly.
Members are hopeful that the consultative and legal processes can be accomplished in the next several months. I appreciate the situation is complex. I have tried to simplify it here for the benefit of constituents interested in understanding the issue. The public needs to know the factors involved in the situation in order to appreciate where this government stands as far as announcing the next election. Thank you, Mr. Speaker.
--Applause