Thank you, Mr. Speaker. Political Solutions

The standing committee heard many expressions of legitimate concern among people in the regions about the role of the courts and the legislature. Debates are occurring in many parts of Canada surrounding decisions in which unelected judges have overruled express choices of elected representatives. Many presenters felt strongly that the courts in this case have gone too far in taking over the role of elected legislators.

The standing committee also heard that while Bill 15 may be one legal solution, it creates political chaos. Better solutions can be devised through consultation and cooperation. From the views expressed by presenters, the committee is convinced that the vast majority of people, from Yellowknife, the other larger centers and from the regions want a political solution and new ways developed for governing the North.

It was also pointed out that the court decisions did not specifically recommend Bill 15. The NWT Supreme Court did lay out parameters for the government to follow, but the particular boundaries created by Bill 15 were chosen by the government. The courts also made it clear that effective representation issues require political solutions.

The standing committee is disappointed that the government did not display more creativity in devising solutions to the boundary issues in consultation with aboriginal people. Bill 15 will have a deep and lasting impact. This government spent money and effort trying to convince Northwest Territories residents that we had a "new" Territory after the creation of Nunavut. This was an opportunity to truly develop a new Territory "owned" by all residents.

The committee did attempt to find ways to make Bill 15 more acceptable to the leadership and residents of the rural Northwest Territories, and to address the concerns of aboriginal governments that Bill 15 reduces opportunities for First Nations to participate in public government. Committee members questioned all presenters on their thoughts on other issues relating to governance that had come to the attention of committee members.

Most presenters expressed their preference for maintaining the status quo of fourteen seats. As Norm Prevost of Fort Simpson said, it would be better to "start small, stay small and build according to our needs". Presenters also questioned the cost associated with an increase in the number of Members, saying that this money is needed for education and health, not MLAs.

The standing committee notes that the Honourable Michael Miltenberger, MLA for Thebacha, recommended that a Legislative Assembly of 15 Members could be accomplished within the rules set down by the NWT Supreme Court if some of the smaller constituencies were amalgamated and some residents moved to different constituencies. The committee cannot support this suggestion. Members feel strongly that it is essential that the small constituencies be retained, and that the redistribution of voters into different constituencies should only be done in consultation with the people affected.

Generally, presenters understood that the standing committee was painted into a corner and had little scope to change Bill 15. However, if Bill 15 is to come into effect, presenters wanted accompanying changes. People felt that there were positive steps that could be taken now and in the long term to partially address the political impact of Bill 15.

Sunset Clause.

Many presenters and committee Members were concerned that once Bill 15 was passed, this would be the end of any meaningful constitutional development or discussions in the Northwest Territories.

Committee Members sought presenters' opinions on the inserting of a time limit for Bill 15. A time limit or "sunset clause" could allow the legislation to exist as law for only a certain period of time. The vast majority of presenters questioned by the committee Members were in favour of a "sunset clause" being included in Bill 15.

For example, Gary Bohnet, President of the Metis Nation - NWT, thought that the addition of a "sunset clause" would make it clear that Bill 15 was a temporary fix and would be useful in ensuring that other types of solutions were looked at.

If Bill 15 were in force for only the life of the next (14th) Assembly, the GNWT, aboriginal governments and all Northerners would have a target date to work towards in the formulation of a new constitution for the Northwest Territories. This is something that has not occurred before.

Cabinet Composition (2-2-2) Proposal.

Committee members were interested in hearing the views of presenters on a proposal that had been suggested to ensure regional representation on Cabinet. The "2-2-2" proposal calls for Cabinet membership to comprise two Members from northern NWT constituencies, two from southern constituencies and two from Yellowknife.

The 2-2-2 proposal is based on the previous convention that existed under which four Ministers were selected from the east (Nunavut) and four Ministers were selected from the west (the present Northwest Territories). This practice, while not formalized in law, did provide some assurances to the residents of both east and west that their needs would not be forgotten in Cabinet deliberations.

The 2-2-2 balance could be achieved through political convention, as was the case before division. Alternatively, it could be formalized, either in the Rules of the Legislative Assembly or in legislation.

This proposal received widespread support during the public hearings. The majority of presenters from all regions of the Northwest Territories felt that the proposal might provide some measure of assurance to the smaller rural regions that their voices would be heard and their needs recognized in relation to all NWT issues.

However, not all presenters agreed that the proposal should be embodied in legislation. Gary Bohnet, President of the Metis Nation - NWT did not favour mandated regional representation on Cabinet. Mr. Bohnet raised the question of what the Legislative Assembly would do if none of the Members elected from a particular region were suitable Cabinet material. In further discussions, Mr. Bohnet indicated that he did not object to regional representation through political convention.

Similarly, Robert Slaven of Yellowknife felt that the suggestion for regional representation was reasonable, but that legislation would be too inflexible and the proposal should be restricted to political convention.

Constitutional and Electoral Reform Commission.

While the addition of a "sunset clause" to Bill 15 may provide some comfort to territorial residents, it is only a temporary measure to obtain more time. Committee members also realized that there must be a process in place to establish a new constitution or form of governance for the Northwest Territories, and discussed options to ensure that a process be instituted.

Gary Bohnet of the Metis Nation - NWT proposed that the committee develop legislation providing for an independent body that reports to the aboriginal leadership as well as to the Legislative Assembly to settle electoral and constitutional issues. Committee members agreed with Mr. Bohnet's assessment that the commission should have a relatively broad mandate. As well, there must be a commitment to the process by both the GNWT and aboriginal governments and there must be time constraints placed on the commission.

Several presenters emphasized that any recommendations or proposals from a commission must not be restricted to the approval of MLAs. There must be a process established to allow ordinary residents of the Northwest Territories to vote on the recommendations of the commission.

Additional Issues.

Many other issues were brought to the attention of the Standing Committee on Government Operations during their public hearings. These included such issues as changing the name of the riding of Nahendeh to reflect its inclusion in the Deh Cho region, changing the names of constituencies to include "territory" to more clearly recognize aboriginal governments, creating a separate constituency for Rae-Edzo and creating constituencies in Inuvik with members elected at large. As well, presenters suggested creating constituencies reflecting traditional land use, creating aboriginal or cultural constituencies and establishing guaranteed aboriginal and/or regional representation.

Most of these requests cannot be accomplished at the current time, within the limitations imposed by the NWT Supreme Court decision and the federal Northwest Territories Act. However, Committee members agree that these are valid and worthy of consideration within the scope of further constitutional and electoral reform.

Mr. Speaker, I will now turn the reading of the report over to my colleague, Mr. Erasmus. Thank you.