Thank you, Mr. Speaker. The standing committee recognizes the legal constraints upon both the government of the NWT and the committee, particularly since the government's failure to appeal the Supreme Court decision or to request an extension of the Assembly's term and the recent denial of the intervenors' application for leave to appeal. While it is open to the intervenors to pursue leave to appeal to the Supreme Court of Canada, the standing committee has no choice at this time but to proceed within the parameters of the Supreme Court decision and the September 1, 1999, deadline.
The Northwest Territories Act requires that the NWT Legislative Assembly be composed of at least 14 Members. If amendments are not passed to revise the invalid electoral boundaries by September 1, the Legislative Assembly will be invalidly constituted and will have no authority to act.
The standing committee took a broad view of its mandate in relation to Bill 15. As committee Members pointed out during the public hearing process, we regret that the government chose not to appeal the Supreme Court decision and instead introduced Bill 15. We understand that the bill will fundamentally change the rural and urban balance in the Legislative Assembly. We know that many aboriginal governments and leaders are deeply concerned about how this change will affect their land claim and self-government negotiations. For example, leaders in the Beaufort Delta have said that the potential for greater control by the larger communities makes the need more urgent to establish local control over local affairs, resources and funding. We know that many community leaders and residents are also deeply concerned about how this will affect their communities.
However, given the very real legal and practical constraints, the committee asked witnesses at the public hearings for any proposals or suggestions that would help to alleviate their concerns, while meeting the guidelines of the Supreme Court ruling and allowing for orderly political and constitutional development in the Northwest Territories. Members were interested in hearing the public's views on governance issues not strictly within the scope of Bill 15. The urban / rural balance and the balancing of the rights of the individual with the collective rights of aboriginal people were issues of prime interest and importance to the committee.
The public hearing process reflected the nature and importance of the subject matter to northern people. The committee hearings were well attended in the smaller communities, where people felt that they had much to lose. The concerns expressed to the standing committee were deeply held and fundamental. Common themes were expressed by both aboriginal and non-aboriginal people.
Urban / Rural Balance. Bill 15 calls for the creation of five new ridings for the Legislative Assembly of the Northwest Territories. Three of those ridings will be in Yellowknife and one each will be in Hay River and Inuvik. People living in the smaller, predominantly aboriginal rural communities are concerned that the urban communities (Yellowknife, Hay River and Inuvik) with their combined eleven seats in a 19-seat legislature, would control the deliberations of the Legislative Assembly of the Northwest Territories.
Many people felt that the major effect of Bill 15 would be to consolidate power in the new western territory in the urban majority. For example, Dev Sharma of Inuvik felt that recent events demonstrate an effort to ensure that the power base is in Yellowknife after division. He said that the existing number of seats should remain in place until after self-government negotiations are concluded. Further, the greater economic, social and education opportunities of the urban centers and the greater mobility of urban residents should be taken into account in future decisions on electoral boundaries. There must be a greater focus on concluding self-government negotiations, as this will prove to the be the quickest way to achieve equality among all northern people. When self-government is achieved, the influence of the GNWT and the urban centers will decline.
Roy Scott of Fort Smith was concerned that with the seven seats in Yellowknife it would be possible, with two other MLAs, for the politicians from Yellowknife to control the results of any vote in the Legislative Assembly. He added "and that scares the living hell out of me".
The majority of people making presentations in Yellowknife agreed with the principle of one person -- one vote put into effect in Bill 15, as outlined in Justice de Weerdt's decision. However, in many cases, adherence to this principle did not mean that the presenters were wed to the specific solution presented in Bill 15. Presenters who supported the bill were willing to look at other solutions that did not violate the one person -- one vote democratic principle. For example, Bob Brooks of Yellowknife suggested that affordability should be a consideration, and as long as the court order is met, a 17 or 18 seat legislature might be workable. Presenters also were willing to work with people from other regions in an inclusive process to develop alternatives.
Similarly, Peter Shaw of Fort Simpson, supported the principle of equality of the right to vote, but added "Our voice over the years has been a cry in the wilderness... we're just not getting the word through from the communities".
Some presenters went further. Paul Harrington of the South Slave Metis Tribal Council sees "a conspiracy to take over our land and our resources, our programs, our services". He added "I have a problem with the concept that if you have a monopoly and you have a whole bunch of people living in that city, it can become a structure that is going to rule the whole Northwest Territories. I find that offensive and not the way to build the Northwest Territories. It is just not the way we should be going".
National Chief Bill Erasmus of the Dene Nation pointed out that "the imbalance we have always feared is upon us" and was disturbed that the terms of Justice de Weerdt's ruling and the introduction of Bill 15 left no opportunity for the Dene Nation to be involved in formulating a compromise solution.
Mayor Fred Behrens of Rae-Edzo asked, "Why should one community be in a position to veto or disallow the needs and aspirations of the rest of the Northwest Territories or a region ...". Mayor Behrens pointed out that "one MLA representing five communities in the North Slave will have to compete with Yellowknife, for example, with seven MLAs, for the same resources that are already hard to get". He went on to say that, "Members from urban ridings do not know what life in our smaller communities is like. Most have never ventured outside their communities. Government must be more sensitive to the needs of the smaller communities".
Andrew Gaule of Fort Simpson emphasized that if the Legislative Assembly wishes to ensure the regions have a greater stake both politically and economically, there must be a strong regional development policy. This could be evidenced by locating more government institutions in the regions. Similarly, Henry Beaver of Fort Smith stressed that the GNWT must downsize government in the capital and put more jobs into the communities. These concerns were echoed by many others.
Many presenters expressed a common frustration that not enough attention is being given to the geographical size of the some of the constituencies with a smaller population. They emphasized the importance of land to aboriginal people. Paul Harrington of the South Slave Metis Tribal Council questioned why more consideration is not given to geographical area and land base, when one MLA must keep on top of resource development and land claims in a very large area.
Jeannie Marie-Jewell of Fort Smith noted that the Northwest Territories is a unique place in terms of diverse culture, languages and demographics, but that Bill 15 reflects population distribution only. She felt that people in the communities would not see a purpose in holding an election or voting, if the power is concentrated in Yellowknife.
Others noted that the boundaries are based on the 1996 census, and that Yellowknife's population has decreased since then, and since the creation of Nunavut. Ken Heron of Fort Smith wondered "Are they representing ghosts?".
Rift Among Northern People. Time and time again the committee heard that the passage of Bill 15 would create a rift among northern peoples. The majority of the presenters the committee heard, with the exception of those from Yellowknife, favoured maintaining the current 14 seat Legislative Assembly until such time as a constitutional compromise could be worked out between all governments, aboriginal and public, in the Northwest Territories.
Jean-Francois Des Lauriers of the Public Service Alliance of Canada, in Yellowknife sees Bill 15 as "one more shock to the system, when we should be looking forward to some stability". He pointed out that many of the larger centers have been subject to population fluctuations, especially in relation to resource development.
John Tees of Yellowknife was concerned that Bill 15 had the effect of setting up a government for people who move here from, and retire to, the south and that there was little concern for or relevance to the aboriginal peoples of the Northwest Territories. He added that it is time that we looked at innovative ideas for governing the north.
Several other presenters noted the transient nature of the larger centers. They noted that decisions with significant impact have made been made in the past by individuals who have come to the North for the economic opportunities but who do not have a long term commitment to the North. Some communities have experienced strong boom/bust cycles, with large numbers of people arriving and leaving in short periods of time. Similarly, the committee is aware of several former Members of the Legislative Assembly who represented ridings in the larger centers who have left the Northwest Territories. Michael Nadlii, Grand Chief of the Deh Cho First Nations, felt that Bill 15 favours Yellowknife and ignores the realities of regional governments to come that will become the mainstay of political development in the Northwest Territories. Dennis Helner of Fort Simpson questioned whether a commitment to aboriginal people would be a priority of any future government. Chief Ernest Cazon of the Liidlii Kue First Nation pointed out that "instead of working together, we are fighting already".
Many presenters expressed frustration that the government is promoting partnerships with aboriginal governments on one hand, and introducing legislation that is harmful to such partnerships with the other. The changes brought about by Bill 15 will be a major blow to the trust that is necessary for meaningful partnerships. Many felt that the government let northern people down when it decided not to appeal the NWT Supreme Court decision.
Clayton Burke of Fort Smith felt that justice has not been served. Combined with actions of the federal government over the last few years, the recent court rulings "disenfranchised people without a shot being fired". He pointed out that recent events will have a ripple effect, and that the GNWT should have learned from the Oka crisis in Quebec.
One of the most dramatic and immediate consequences of Bill 15 is the wedge that is being driven between aboriginal and non-aboriginal people. There is a lack of trust that the government will fulfil its responsibilities toward aboriginal people. The committee heard that Bill 15 will solidify the influence that the larger centers have over the indigenous inhabitants of the territory.
There was a strong sentiment that perhaps the GNWT should be bypassed, and that the expression of the inherent right to self-government through parallel governments may be the only viable option. If Bill 15 passes with no formal process for healing the rift in place, aboriginal governments can be expected to distance themselves more and more from the GNWT in the future.
In a more general sense, the committee cannot overemphasize the need for stability in the North. We need to create jobs for our young people. We need economic development opportunities if we are to be able to pay for our social programs and the support our elders deserve. Our society will not be healthy if our people are not working and productive. Achieving political stability is the first step toward creating a healthier economic and investment climate.
Members of the standing committee believe that it is still possible to bring aboriginal and non-aboriginal people together in a true partnership. However, if there is no clear commitment by the GNWT to do this, the committee was told that the consequences for the Northwest Territories will be serious. We agree. We believe that the political, economic and social fabric of the Northwest Territories is jeopardized by Bill 15 and the government's failure to act on these issues.
In addition to implementing the committee recommendations arising from the public review process, the government should place a high priority on resolving land claims and self-government negotiations in the Northwest Territories.
Mr. Speaker, I will now move the comments over to Mr. Morin to continue on with the statement.