This is page numbers 631 - 660 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 aboriginal.

Topics

Supplementary To Question 242-13(7): Protection Of Young Offenders
Question 242-13(7): Protection Of Young Offenders
Item 6: Oral Questions

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The Speaker Samuel Gargan

Mr. Dent.

Further Return To Question 242-13(7): Protection Of Young Offenders
Question 242-13(7): Protection Of Young Offenders
Item 6: Oral Questions

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, as I said, this is in response to the requirements of the Young Offenders Act. I know that those requirements set out that the facility must protect the interest of the young people who are incarcerated. It must be a facility that families can visit. There are all sorts of issues that will be considered while the facility is built, but it is largely being built in response to the requirement of the Young Offenders Act, those young people who are sentenced to attend such a facility by the courts. Therefore, the physical makeup of the facility is fairly strictly determined. Thank you, Mr. Speaker.

Further Return To Question 242-13(7): Protection Of Young Offenders
Question 242-13(7): Protection Of Young Offenders
Item 6: Oral Questions

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The Speaker Samuel Gargan

Question period is over. Item 7, written questions. Item 8, returns to written questions. Item 9, replies to opening address. Item 10, petitions. Mr. Morin.

Further Return To Question 242-13(7): Protection Of Young Offenders
Question 242-13(7): Protection Of Young Offenders
Item 6: Oral Questions

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Don Morin Tu Nedhe

Thank you, Mr. Speaker. I request to go back to written questions. I had my hand up, but not far enough, I guess.

Further Return To Question 242-13(7): Protection Of Young Offenders
Question 242-13(7): Protection Of Young Offenders
Item 6: Oral Questions

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The Speaker Samuel Gargan

The Member for Tu Nedhe is seeking unanimous consent to return to item 7. Do we have any nays? Mr. Morin, you have unanimous consent.

Don Morin Tu Nedhe

Thank you, Mr. Speaker. I have a written question to the Minister of Finance. Is the reason for the projected multi-million dollar deficit because of all the money being spent in Yellowknife on the Yellowknife Correctional Centre, the diamond mines, gold mines, and other capital projects in this city? Thank you.

The Speaker Samuel Gargan

Thank you. Written questions. Before we go to the next item, we do have some lengthy reports, so we will take a 15 minute break and be back here at 3:30 p.m.

-- Break

The Speaker Samuel Gargan

I will call the House back to order. We are on Item 11, reports of standing and special committees. Mr. Erasmus.

Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. The Standing Committee on Government Operations is pleased to report on its review of Bill 15, An Act to Amend the Legislative Assembly and Executive Council Act. Bill 15 was introduced for first reading in the Legislative Assembly on March 23, 1999, by the Honourable Jim Antoine, Premier. The bill received second reading on March 24, 1999, and was automatically referred to the Standing Committee on Government Operations for review. Under the rules of the Legislative Assembly, the standing committee had 120 days to review and report on the bill. The standing committee met on several occasions to discuss background research material and legal opinions commissioned by the committee. As well, the committee conducted public hearings on Bill 15 in Inuvik, Rae, Yellowknife, Fort Simpson, Fort Smith and Hay River, from June 14 to July 7, 1999, beginning with the presentation of the bill by the Premier in Yellowknife. Committee Members also met with the Chiefs and Council of the Yellowknives Dene First Nation on June 25, 1999, and attended the Dene National Assembly in Jean Marie River on July 8, 1999.

Prior to the hearings, the committee placed advertisements in every newspaper in the Northwest Territories informing the public of the committee's review, inviting oral presentations and written submissions and advising that applications for travel assistance would be considered by the committee. Public service announcements were also aired on CBC Radio, and notices were placed on the community television channels, where available. Media advisories were sent detailing the communities where hearings would be held. The committee also provided packages with boundary maps and other explanatory material about Bill 15 and an offer of assistance to appear before the committee to over 70 identified interested parties.

This committee report was prepared by those Members of the Standing Committee on Government Operations who participated in the public hearing process: Roy Erasmus, chair, David Krutko, Don Morin and James Rabesca. Members of the committee who participated support the views of the public that are expressed throughout the report. Jane Groenewegen, Seamus Henry and Jake Ootes did not participate in the public review of Bill 15 or the preparation of this report.

The Standing Committee on Government Operations would like to thank all of the individuals and organizations who made their views known to the committee at the public hearings or by written submissions. The comments and suggestions made were thoughtful and creative and were considered carefully by the committee during its deliberations.

Appendix 1 contains a list of witnesses who appeared before the committee. Copies of the written submissions received are attached as appendix 2.

Mr. Speaker, I will now turn the next portion of the report to my colleague, Mr. Rabesca.

The Speaker Samuel Gargan

Thank you, Mr. Erasmus. Mr. Rabesca.

James Rabesca North Slave

Thank you, Mr. Speaker. The Electoral Boundaries Commission. The creation of Nunavut on April 1, 1999 had a significant impact on the population balance among the electoral districts remaining in the western Northwest Territories. Since early in the life of the 13th Legislative Assembly, Members of the then Western Caucus had been considering the appropriate number and distribution of seats for the new western territory. On October 18, 1996, the Legislative Assembly enacted the Electoral Boundaries Commissions Act, which permitted the establishment of an Electoral Boundaries Commission for Nunavut and one for the new Northwest Territories, if the Assembly so chose.

In January, 1998, Western Caucus indicated that the majority of western MLAs agreed with members of the Aboriginal Summit that the 14th Legislative Assembly general election should be based on the existing 14 western seats, given that negotiations for the development of a new constitutional structure for the new NWT had not been finalized.

However, MLAs also recognized that the 14 electoral boundaries remaining in the west after the creation of Nunavut could be subject to challenge under the Canadian Charter of Rights and Freedoms, because of the uneven distribution of population among the ridings. In light of this, the Legislative Assembly decided to form a NWT Electoral Boundaries Commission. The Commission was established on June 1, 1998.

The NWT Electoral Boundaries Commission was composed of NWT Supreme Court Justice Virginia Schuler as chair, Ms. Lucy Kuptana of Tutktoyaktuk and Mr. Nick Sibbeston of Fort Simpson. The commission conducted a review of the western electoral boundaries through a community consultation process in August and September of 1998.

Under the Electoral Boundaries Commissions Act, the commission's task was to review the area, boundaries, name and representation of the existing electoral districts and make recommendations for new electoral districts. Section 11 of the Act required the commission to take into consideration factors including:

I.geographic and demographic considerations, including the sparsity, density or rate of growth of the population of any part of the Territory and the accessibility, size or shape of any part of the Territory;

As well, the Legislative Assembly directed the commission to strive to maintain a balance between urban and rural populations, and to take into consideration the cultural and linguistic interests of the Territories and the present land claim boundaries.

On October 23, 1998, the commission submitted its report to the Legislature. The commission recommended that two seats be added in Yellowknife, bringing the total number of seats in the Legislative Assembly to 16. The commission explained that it was recommending minimal changes at this time. The Legislative Assembly is still undergoing change, the political landscape of the western Territory is changing, and the commission felt that the uncertainty was a good reason to be cautious.

The commission noted, at page 12: We feel that if significant changes are to be considered, they should wait until the current processes have resulted in a constitutional framework and structure of government which can be expected to last for some time. We recognize and indeed we recommend that a further boundaries commission should be established when that government is in place. That commission will be able to assess the situation as it exists at that time B a more realistic and useful exercise than trying to anticipate now what that situation will be.

The commission's report was debated in the Legislative Assembly. A motion based on the recommendation for two additional seats for Yellowknife was defeated, as was a subsequent motion for one additional seat for Yellowknife. As a result, the composition of the Legislative Assembly remained at 14 seats.

NWT Supreme Court Decision. On November 25, 1998, a group of Yellowknife residents called "The Friends of Democracy" filed a notice of motion in the NWT Supreme Court. The group sought an order declaring the provisions of the Legislative Assembly and Executive Council Act that establish the 14 seats in the Northwest Territories to be unconstitutional and of no force and effect, because they violate the protection of the right to vote under section 3 of the Canadian Charter of Rights and Freedoms.

The Government of the NWT opposed the action and argued that the existing boundaries were valid. This position was supported by five aboriginal organizations who collectively were granted full intervenor status: the Metis Nation-NWT, the Dene Nation, the North Slave Metis Alliance, the Sahtu Secretariat Incorporated and the Lutselk'e Dene Band. These organizations are members of the NWT Aboriginal Summit, a forum of aboriginal governments and organizations which have been actively involved in discussions with MLAs and the GNWT toward the constitutional development of both public and aboriginal government structures in the NWT. The Aboriginal Summit had participated with the Western Caucus in the Constitutional Working Group, tasked with developing proposals for a new constitution and structure of government for the new NWT.

Both the GNWT and the intervenors argued that nothing should be done to affect the status quo in the distribution of seats at this critical stage in NWT constitutional development. The intervenors submitted that the current number of seats should not be changed until aboriginal land claims and self-government negotiations with the governments of Canada and of the Northwest Territories are resolved. They urged that section 3 of the Charter must be read together with, and subject to, section 25 of the Charter and section 35 of the Constitution Act, 1982, which recognize aboriginal and treaty rights, and the process rights implicit in those sections.

On March 5, 1999, Mr. Justice de Weerdt held that the boundaries of three ridings violate the right to vote guaranteed by the Charter: The ridings of Hay River, Yellowknife North and Yellowknife South. The population of these ridings are each more than 25 percent higher than the average population of all of the ridings. The court declared that the parts of the Legislative Assembly and Executive Council Act that establish these ridings are invalid, "being wholly inconsistent with" section 3 of the Charter.

Mr. Justice de Weerdt rejected the arguments put forward by the intervenors that the status quo should be maintained until self-government and land claim agreements are concluded. He said that the right to vote is a right of citizenship that should not depend upon the leave of a government or be withheld during government negotiations. He did not accept that in these circumstances, section 3 of the Charter is qualified by section 25 of the Charter or by section 35 of the Constitution Act, 1982.

Mr. Justice de Weerdt essentially accepted the rule established in other cases that an electoral district's population should not be more than 25 percent above the average district population. However, he did not rule invalid those ridings whose populations were more than 25 percent less than the average. He noted that the application was directed at remedying the under- representation of voters in Yellowknife, rather than reducing overrepresentation in less populated ridings. He was satisfied that the overrepresentation in ridings which have populations below the average is probably justified, considering the factors of geography, community history and interests, language differences, difficulties in communication with remote communities and minority representation and the difficulties and expense of travel.

Mr. Justice de Weerdt suspended his declaration, giving the Legislative Assembly until April 1, 1999, to replace or amend the invalid provisions to comply with section 3 of the Charter.

The Government of the Northwest Territories, with the concurrence of the Friends of Democracy and the intervenors, requested an extension of the time frame to allow it to implement an acceptable solution prior to the next general election. Justice de Weerdt varied his order to give the Legislative Assembly until September 1, 1999, to amend or replace the legislation.

Bill 15. The Government of the NWT, as the unsuccessful party to the court challenge, had the right to appeal the Supreme Court decision to the NWT Court of Appeal. The intervenors did not have an automatic right, but required leave of the court to appeal.

The Aboriginal Summit, among others, urged the GNWT to appeal, and argued that it had in fact a fiduciary duty to do so in order to protect the rights and interests of aboriginal people. The summit pointed out that the issues involved included the integrity of constitutional negotiations with aboriginal governments in the context of treaty, land, resources and governance negotiations. As well, it involved the appropriate role of the courts in ensuring that nothing be allowed to transpire that would frustrate the ability of the Crown to honour its commitments towards aboriginal people. The Aboriginal Summit said that for the government to fail to appeal would be to break faith with Northwest Territories aboriginal people, and to abdicate its responsibility to ensure that constitutional development of the NWT goes forward in compliance with the constitution read as a whole.

Members of the Legislative Assembly and the Aboriginal Summit recognized that time was running out in the life of the 13th Assembly, and that this limited the opportunity to develop creative solutions in full consultation with northern people. However, the government did have the option of requesting the federal government to amend the Northwest Territories Act to allow for a one year extension of the Assembly. The Government could then have requested a longer extension of the deadline imposed upon it by the NWT Supreme Court.

The government was urged to request an extension of the term of the Legislative Assembly by several Members and by the Aboriginal Summit. This would have demonstrated leadership, and would have allowed northern people to participate in the development of a political solution to the constitutional questions raised by the NWT Supreme Court decision. In the committee's view, it would have been a much more productive use of time and resources than other recent costly initiatives, such as the Economic Strategy Panel.

Despite the direction of the Legislative Assembly, the GNWT chose not to appeal the Supreme Court decision nor to request an extension of the term of the 13th Legislative Assembly.

The government indicated that its legal advice was that there were no grounds to appeal the decision. However, the government did commit to support the intervenors' application for leave to appeal, if the intervenors chose to proceed, and to assist with the legal costs. The Premier also informed the House, on March 26, 1999, that the legal advice received by the government was that the intervenors would have a good chance of being granted leave to appeal.

The same offer of support and financial assistance with respect to an appeal was also made to the Friends of Democracy.

The Government then introduced Bill 15, An Act to Amend the Legislative Assembly and Executive Council Act, on March 23, 1999. Bill 15 proposes to amend the legal descriptions of the electoral boundaries that are appended as a schedule to the Legislative Assembly and Executive Council Act, to create five additional ridings. Three of these would be in Yellowknife, one in Hay River and one in Inuvik. The bill also revises the electoral district of Deh Cho to include the community of Enterprise, as requested by that community.

As well, Bill 15 proposes to eliminate the ten electoral districts that are now part of Nunavut and make minor amendments to other riding descriptions to change the wording "Nunavut Settlement Area Boundary" to "Nunavut - Northwest Territories Boundary" to reflect Nunavut's now official status as a territory of Canada. If passed, the amendments made by Bill 15 will come into force when the 13th Assembly dissolves in the fall of 1999.

NWT Court of Appeal Decision. On May 5, 1999, the intervenors in the NWT Supreme Court case filed an application for leave to appeal and a notice of appeal of Justice de Weerdt's decision. All parties supported the intervenors' right to appeal.

The NWT Court of Appeal heard the matter on June 16, 1999, and denied the application for leave to appeal. The panel judges indicated that they had read all of the appeal material and that the intervenors had not established that they had any right that was violated by the NWT Supreme Court decision. If bona fide negotiations with respect to self-government and/or treaty negotiations do not continue, and section 25 or 35 rights are infringed, remedies will be available through the judicial process at that time. The Court of Appeal also found that the intervenors did not have a reasonably arguable appeal.

Mr. Speaker, I will have my colleague, Mr. Krutko, read the remaining report. Thank you, Mr. Speaker.

The Speaker Samuel Gargan

Thank you, Mr. Rabesca. Mr. Krutko.

David Krutko

David Krutko Mackenzie Delta

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.

The Speaker Samuel Gargan

Thank you, Mr. Krutko. Mr. Morin.

Don Morin Tu Nedhe

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.

The Speaker Samuel Gargan

Thank you, Mr. Morin. Mr. Erasmus.

Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. Mr. Speaker, Members of the standing committee echo the words of the Premier in his statement in the House of March 24, 1999:

Given the unique opportunities that we have, it is unfortunate that we have become sidetracked in a divisive debate over electoral boundaries. This debate has the potential of setting back everything we have been trying to build for the last 30 years, derailing the hard work of trying to frame joint priorities and to assert our independence from DIAND's rule. No one northern group can win at this debate but we can all lose.

Members of the standing committee regret that it has come to this. It is shameful that issues so central to the development of the North and the future of all Northerners -- aboriginal and non-aboriginal -- are being decided by the courts. They should be decided by northern people. The government had the opportunity to demonstrate true leadership and chose not to do so. In the words of one presenter "We feel betrayed".

The Constitutional Working Group had been working on the development of constitutional and governance arrangements that would be acceptable to Northerners and that would allow us to move forward as a strong and united territory. Consultations were put on hold in late 1998 pending further progress in the self-government arena. However, there is now a more urgent need to develop a principled means for public and aboriginal governments to work together, and to find a balance between individual and collective rights.

The NWT Supreme Court decision, the introduction of Bill 15 and the impending dissolution of the Assembly in a few short months combine to have serious consequences. Unrealistic time frames and pressures have been placed on all parties. The standing committee is very concerned about the long-term effects of this situation. The potential is very evident for relationships to be permanently impaired, trust destroyed and communities pulled farther apart.

As a result, it is the view of committee members that Bill 15 must be considered a temporary, stopgap measure only. It may be a necessary step in light of the current legal dilemma faced by the Legislative Assembly, the lack of action by the government and now the lack of time available. However, it should remain in place only until a more workable and acceptable long-term solution can be developed. Further, this Legislative Assembly must ensure that a process is set in motion so that a workable solution is reached soon, in partnership with all northern people, within the life of the 14th Assembly.

The committee has several recommendations which, taken together, will help to provide some assurance that the voices of people in the regions will be heard in the 14th Assembly, and ensure that momentum is carried through the next election and work on resolving these issues carries forward.

This Assembly cannot shrink from its responsibilities and hide behind court decisions. It must make responsible political decisions now for the future. We do not have the luxury of postponing these issues for the deliberations of a future Assembly. The committee's recommendations will institute a process so that work may begin on constitutional and electoral reform issues immediately after the upcoming election and so that some resolution may be achieved during the life of the 14th Assembly.

Sunset Clause.

Committee members feel strongly that Bill 15 must be an interim measure only, to allow time for a satisfactory solution to be developed. A sunset clause would provide that the electoral districts put in place by Bill 15 would be repealed on dissolution of the 14th Legislative Assembly. With no boundaries to take their place, the government would be required to act. The sunset clause would send a clear message to the Government of the Northwest Territories that it is urgent that it work with aboriginal and community governments and other stakeholders to reach agreement on governance in the NWT during the 14th Assembly.

The Committee is aware that constitutional questions may be raised if a sunset clause is implemented and the possibility exists for a constitutional "vacuum" at some point in the future. However, this is an area of the law that is far from clear. There is no need for an unconstitutional situation to arise, as the committee intends, and fully expects, that action will be taken to resolve governance issues in a manner satisfactory to northern people during the life of the 14th Assembly. In the committee's view, legislatures have a duty to act boldly when necessary.

The committee also recognizes that a legislature cannot bind itself. If a new system is not established through legislation before the end of the 14th Assembly, the government would have the option of introducing a bill to remove the sunset clause. The boundaries established by Bill 15 would then remain in place for the election of the 15th Assembly. However, this would at least be a very public action, and subject to public debate. The government would be accountable to the residents of the Northwest Territories for its failure to resolve these issues and introduce reforms.

Members raised the concept of the sunset clause with the Premier during the clause by clause review of Bill 15 on July 26, 1999. The rules of the Legislative Assembly allow Bills to be amended during a standing committee review if the Minister sponsoring the bill concurs with the amendment. However, committee Members felt that it would be more appropriate for such an amendment to be dealt with on the floor of the House, during the review of Bill 15 in committee of the whole. This would allow a full public debate to occur, in which all Members could participate.

Therefore, Mr. Speaker, the committee recommends that Bill 15 be amended in committee of the whole to provide that section 2 and schedules A and B of the Legislative Assembly and Executive Council Act are repealed upon the dissolution of the 14th Legislative Assembly.

Political Accord

Mr. Speaker, western MLAs and the Aboriginal Summit concluded over a year ago that a political accord on western territory issues is urgently needed. On June 4, 1998, the Legislative Assembly passed a motion "that the Government of the Northwest Territories begin discussions with the Government of Canada and elected leaders representing all the western Northwest Territories regional aboriginal governments as may be represented by the Western NWT Aboriginal Summit, to negotiate a political accord which would set out the ongoing relationship between the parties". The Assembly also requested that the parties make every effort to reach an agreement on a political accord by October 30, 1998.

A political accord would set out the roles and relationships between the parties, and set a framework for ongoing cooperation on constitutional and governance issues and major GNWT policy initiatives.

The political accord contemplated in June, 1998, was not developed, for various reasons including the withdrawal of the federal government from the discussions. However, during the past several months, members of the Aboriginal Summit and Western Caucus had agreed that work on a political accord should be renewed between the two parties and agreement reached as soon as possible.

Committee Members had expected that with the issues raised by the electoral boundaries court decision, the government would make increased efforts toward reaching a political accord that could be presented as a companion document to Bill 15. That has not happened. At the pace at which discussions are proceeding, an accord may not happen for a very long time.

A political accord could provide a structured mechanism for aboriginal governments to have meaningful input into GNWT decisions that affect aboriginal people. A political accord will eventually be overtaken by governance reforms, but until they are in place, an accord should be a key component of governing in the new western territory.

Committee Members believe, however, that the GNWT must demonstrate some real commitment, effort and resources to the process. The standing committee has been asking for a GNWT workplan with respect to the political accord since early June, 1999. If the GNWT is not going to focus its efforts on concluding an accord, Cabinet should make that clear.

If the GNWT is committed to the process, negotiations should take into account the recommendations of this committee later in this report for legislation establishing a Constitutional and Electoral Reform Commission. The political accord process would be an appropriate mechanism for the GNWT and aboriginal governments to develop terms of reference for the commission for implementation in legislation this fall.

Mr. Speaker, the committee recommends that the Government of the Northwest Territories develop a workplan with clear timelines for the negotiation of a political accord with NWT aboriginal governments for review by the Standing Committee on Government Operations by September 1, 1999.

Legal Reference

Committee members feel strongly, as outlined earlier, that issues as fundamental as the governance of the new Northwest Territories must be decided by northern people. However, there is now a Northwest Territories Supreme Court decision suggesting that the right to vote protected by section 3 of the Canadian Charter of Rights and Freedoms is not to be read together with the sections which protect and guarantee aboriginal and treaty rights. This is of great concern to aboriginal people because of the significance placed on the inclusion of these rights when the constitution was repatriated in 1982. All sections of the Charter must be given equal weight.

Leave to appeal was not granted to the intervenors, and the government chose not to appeal. This decision is therefore binding in the Northwest Territories, and will colour all future discussions and negotiations with aboriginal people.

The interpretation of section 25 of the Charter and section 35 of the Constitution Act, 1982 is central to the relationship between governments and aboriginal peoples. This is as true in the rest of Canada as it is in the Northwest Territories. Committee members believe that this issue must be clarified. Since the government did not appeal the court decision, it has no further avenue in this case. However, the question should be referred to a higher court. A reference to the Supreme Court of Canada would clarify the legal principles involved for aboriginal people and all levels of government throughout the country.

Mr. Speaker, the committee recommends that the Government of the Northwest Territories urge the federal government to commence a legal reference without delay before the Supreme Court of Canada; and further, that the Court be requested to clarify the interpretation of section 25 of the Canadian Charter of Rights and Freedoms and section 35 of the Constitution Act, 1982, in relation to the other provisions of the Charter and the Constitution of Canada, and in particular, section 3 of the Charter; and furthermore, that the Government of the Northwest Territories provide the Standing Committee on Government Operations with a proposed question to be provided to the federal government by October 1, 1999.

Regional Voice

Mr. Speaker, one of the consistent messages heard by the committee in communities outside Yellowknife was that if Bill 15 passes, there must be new mechanisms developed to ensure that the messages and issues specific to people in the regions are duly considered by the next Legislative Assembly.

Cabinet Composition (2-2-2) Proposal

As discussed, committee members heard views from many presenters on the 2-2-2 proposal, which would ensure regional representation on Cabinet. The proposal has also received support from some Cabinet Ministers. This balance could be achieved through political convention, or it could be formalized, either in the rules of the Legislative Assembly, or in legislation, in the Legislative Assembly and Executive Council Act.

Some individuals preferred that the proposal be implemented through convention, so that flexibility is maintained. However, Members of the standing committee feel strongly that the 2-2-2 proposal must be embodied in legislation if it is to provide some degree of assurance to residents in the regions that they will be adequately represented on Cabinet. Both political conventions and the rules of the Assembly are too easily changed, and such changes might more easily escape public notice. Legislation is not completely inflexible; it can be changed by the Assembly when necessary. However, to do so, a bill would have to be introduced, ensuring a level of public debate on the issue.

Two Cabinet Ministers should be selected from the constituencies of Nunakput, Inuvik West, Inuvik East, Mackenzie Delta, Sahtu and North Slave. Two should be selected from the constituencies of Nahendeh, Deh Cho, Hay River South, Hay River North, Thebacha and Tu Nedhe. The remaining two would be selected from Yellowknife.

The standing committee also considered the size of Cabinet in a 19 Member Assembly, if Bill 15 is passed. It is the committee's view that the size of Cabinet should remain at six. The Legislative Assembly and Executive Council Act should be amended to ensure that the number of Members on Cabinet does not increase. In the opinion of committee members, this will provide a better balance between Cabinet and Ordinary Members, and the workload for six Ministers will be manageable. Those Members who feel that the duties are too onerous are not required to put their name forward for selection for Cabinet.

Therefore, Mr. Speaker, the committee recommends that the government introduce legislation to amend the Legislative Assembly and Executive Council Act to provide that the Executive Council of the Northwest Territories consists of six Members; and further, that the amendment to the Legislative Assembly and Executive Council Act require that there be regional representation on Cabinet as follows:

- two Cabinet Members selected from the constituencies of Nunakput, Inuvik West, Inuvik East, Mackenzie Delta, Sahtu and North Slave;

- two Cabinet Members selected from the constituencies of Nahendeh, Deh Cho, Hay River North, Hay River South, Thebacha and Tu Nedhe; and

- two Cabinet Members selected from constituencies in Yellowknife; and furthermore, that the government introduce the amendments to the Legislative Assembly and Executive Council Act to implement regional representation on Cabinet and to specify the size of Cabinet for passage before dissolution of the 13th Legislative Assembly.

Mr. Speaker, the standing committee also heard clearly that in addition to the Cabinet composition proposal and measures for regional economic development, models for governance should be examined that provide a measure of control to smaller populations outside of the major centres.

Various suggestions were made to the standing committee for further consideration. For example, an aboriginal or regional "Senate" like body could be created, to scrutinize proposed legislation and policy. Provisions could be put in place for a "regional veto" over actions that could be detrimental to a region.

There are many models that could be examined for adaptation to the Northwest Territories. For example, Australia's federal senate is composed of equal representation from the six states. There are 76 Senators, 12 from each state, regardless of the size, and two from each territory.

The Senate was constituted in this manner to ensure that the interests of less populous states would not be diminished in a parliament where the majority of the Members of the House of Representatives come from the two largest states. It gives the small states some protection from domination of the majority. Its main function is as a >house of review', and in practice, bills are amended frequently. The Senate also has nearly equal legislative powers to the House of Representatives, except that it cannot initiate or amend money bills.

Where a bill does not affect provinces, each delegate in the NCOP has one vote. Amendments made go back to the National Assembly for acceptance or rejection. Where a bill affects provinces, each province has one vote. In other words, there must be consensus within each province on the bill.

Members of the public expressed their conviction throughout the committee hearings that there is a vast range of possibilities to create a model of governance that truly fits the North. Members of the standing committee agree. The committee recommends broad constitutional and electoral reform later in this report, and detailed consideration should be given during this process to models for regional control appropriate to the North.

Mr. Speaker, early in the committee's review of Bill 15, the committee retained outside legal counsel specializing in aboriginal and constitutional issues to provide an opinion on the constitutionality of creating a separate aboriginal constituency within the city of Yellowknife. Members of the committee considered that separate representation may be necessary to ensure that the voice of aboriginal people in Yellowknife is effectively heard, particularly in relation to the development of self-government and how services to urban aboriginal people are planned, funded and delivered.

The idea of ensuring separate aboriginal participation in legislatures is not new. The Maori in New Zealand, for example, have had four guaranteed electoral districts since 1867. Aboriginal electoral districts have been suggested for many years in the federal system, and were recommended by the federal Committee for Aboriginal Electoral Reform and the Royal Commission on Electoral Reform and Party Financing (the Lortie Commission) in 1991.

In its report "Reforming Electoral Democracy", the Lortie Commission suggested that while aboriginal seats should not be guaranteed, aboriginal constituencies should be created by a process guaranteed in the Canada Elections Act. This would provide for the creation of aboriginal constituencies in provinces whenever sufficient numbers of aboriginal voters choose to register on an aboriginal voters' list. The commission made a series of recommendations detailing how the constituencies would be created. The commission commented that "the creation of aboriginal constituencies would build upon the Canadian tradition of accommodating both individual and collective rights".

The committee emphasizes, as did the Lortie Commission, and the Committee for Aboriginal Electoral Reform, that aboriginal representation is not to be considered as an alternative to aboriginal and treaty rights, including the inherent right of self-government for aboriginal people. Rather, effective representation in the NWT Legislative Assembly and self-government can be complementary forms of representation.

The committee's counsel, Mr. Kenneth Tyler, held the view that one of the proposals suggested by the committee could be implemented. The proposal would re-divide the existing four Yellowknife ridings into six constituencies with approximately equal non-aboriginal population, and permit aboriginal voters resident in the city to elect one member-at-large. Aboriginal voters would have the option of voting in either the aboriginal "at large" constituency or in the Yellowknife constituencies in which they reside.

Mr. Tyler provided a detailed letter to the committee. In his opinion, the Legislative Assembly of the Northwest Territories has the competence to implement the proposal under the existing Northwest Territories Act. Legislation creating an aboriginal constituency could be justified under the Canadian Charter of Rights and Freedoms if it could be shown that the special situation of aboriginal people in Yellowknife requires particular measures to ensure their effective representation.

Mr. Tyler also carried out some work on the committee's behalf examining the legislative amendments that would be needed, in particular to the Elections Act and the Legislative Assembly and Executive Council Act.

Members of the standing committee were encouraged by the options available for the creation of an aboriginal constituency. Committee members recognize that widespread consultation would be required, and the proposal is not one that could be implemented in the short time left in this Assembly. The aboriginal constituency model has merit, however, and should be examined closely during the life of the next Assembly, within the context of broader electoral and constitutional reforms.

Mr. Speaker, it is clear to committee members that a process must be instituted to ensure that constitutional and governance issues are given full attention during the 14th Assembly. There is a great deal of work on the issue to build on. If we are creative, a model unique to the North can be designed and there is a vast range of experience throughout the world from which to learn.

At the moment, the Legislative Assembly is constrained by the authority provided to it in the federal Northwest Territories Act. However, if work on constitutional and electoral reform begins early in the life of the 14th Assembly, there should be sufficient time to have any necessary amendments to the Northwest Territories Act passed by the federal Parliament so that Northwest Territories legislation can be enacted for the 15th Assembly.

What the committee proposes is a large task. Other groups have made progress on developing these issues in the past, but there is now increased urgency. The 13th Assembly should pass a bill to establish an independent Constitutional and Electoral Reform Commission, to begin its work as soon as possible.

The objective of the Commission would be to develop a comprehensive constitutional and electoral reform proposal for consideration by the public at a constitutional conference. The basic elements of a formal constitution, as outlined by the Bourque Commission, are:

- The name and description of the geographic area to be covered by the constitution,

- A definition of the people to be governed by the constitution, together with a statement of their unique and shared experiences, values, interests and aspirations,

- Statements of any special rights and freedoms enjoyed by people governed by the constitution,

- A description of the orders of government, if any and the ways authority and responsibility are divided among the orders of government,

- The kinds of institutions which will make laws, decisions and settle disputes in these orders of government,

- How people are appointed or elected to serve in these governing institutions, and

- The way in which a constitution is amended.

The mandate of the commission should be broad and enabling. Much can be learned from the work that has been done on these issues to date by previous bodies. The commission would be expected to carry out public consultations and to keep the public informed of its progress. Some of the issues that the committee would expect to be before the commission for consideration include options for:

- regional and aboriginal representation in the NWT legislature,

- multi-member constituencies,

- aboriginal constituencies,

- guaranteed aboriginal representation,

- constituencies which reflect traditional land use,

- a regional government structure,

- the creation of an aboriginal ombudsman,

- providing a choice for aboriginal people resident in urban centers to vote in their home ridings, and

- structures for regional autonomy and the protection of regional interests, including options such as a regional Senate, weighted votes on money bills, requirement for regional approval on key legislation or policy affecting them.

Membership of the commission should reflect a fair representation of northern people, developed in cooperation by the GNWT, aboriginal governments and other stakeholders. The commission should comprise equal numbers of aboriginal and non-aboriginal people, with representation from women. It should be small enough to be a workable size. And I must stress, it must be properly resourced, and its members must be able to commit the time necessary to focus on such a large and complex task to its completion.

The standing committee recognizes that the work of the commission will entail costs, and that fiscal restraint will be a key theme of the 14th Assembly. However, this will be an investment in our future. The financial implications if nothing is done to resolve the constitutional gridlock are tremendous.

The committee heard during the public hearings, and it is public knowledge, that there will be no resource revenue-sharing arrangements if the rift caused by Bill 15 is not healed. Aboriginal people will not support any devolution to the GNWT under these circumstances. People in the communities and regions feel a great animosity toward Yellowknife, in particular. Never has it been more important to address these issues in a comprehensive and meaningful fashion. The risk lies in not acting.

In the past, when the GNWT has commissioned reports, after all the work has been completed and the recommendations made nothing is done. There is no process for moving forward.

Other jurisdictions have held binding referenda on questions of fundamental constitutional or electoral reform. For example, a binding referendum in New Zealand in 1993 resulted in the adoption of a mixed member proportional electoral system for the country. British Columbia, Alberta, Australia and Ireland each have legislation requiring a binding referendum to be held before any constitutional amendment is approved. The standing committee agrees with this approach.

The recommendations of the Constitutional and Electoral Reform Commission should be presented to the public at a broad-based constitutional conference. The main goal of the conference should be to develop a question or set of questions on constitutional and electoral reform to take to all Northwest Territories voters for approval in a binding referendum. The government should then be required to take steps to implement the results of the referendum as soon as practicable.

The commission should recommend, for resolution at the conference, the percentage of voters required to approve the referendum proposals. The commission may also wish to consider whether a mechanism for regional approval might be appropriate.

In the committee's view, the reform process should be able to be concluded within the life of the 14th Assembly with dedicated effort, adequate resources and a strict time frame. Members also feel strongly that there are too many ongoing strategies, forums, consultations and other >tables'. The Minister's Forum on Education recently completed its report and was followed by a Minister's Forum on Health and Social Services. An Economic Strategy Panel has been appointed to carry out consultations. There have been various formal and informal constitutional discussion tables. With a small population and a finite number of individuals available to participate, issues become fragmented and able people are pulled in too many directions. It is time for more focus. The committee encourages the government to scale down its initiatives wherever possible, and concentrate its attention over the next four to five years to resolving the critical constitutional questions.

The committee recognizes that any significant proposals for change during the next Assembly will require the concurrence of the federal government, assuming amendments to the federal Northwest Territories Act would be required. If the commission can begin its work in early 2000, the public should be able to consider its recommendations at a constitutional conference by June, 2002. This would allow a referendum and necessary federal amendments to be completed before the following election.

Therefore, Mr. Speaker, the committee recommends that the government introduce legislation for passage during the 13th Legislative Assembly to establish a Northwest Territories Constitutional and Electoral Reform Commission; and further, that the legislation give the commission a broad mandate and require the commission to develop a comprehensive constitutional and electoral reform proposal for consideration by the public at a constitutional conference by June 30, 2002; and furthermore, that the legislation require that recommendations for reform be submitted for approval by all Northwest Territories voters in a binding referendum; and furthermore, that the legislation require that any electoral and constitutional legislative changes approved by Northwest Territories voters in a referendum be introduced for passage prior to the dissolution of the 14th Assembly.

The recommendations made by the standing committee in this report reflect the views and suggestions made by the public to the committee during the public hearing process. The recommendations should be made a priority of the 14th Assembly. Members of Cabinet have repeatedly said in the House that they want a political solution. To quote the Premier, "building understanding of the issues and reaching a political resolution is critical if we are to move beyond this issue as a unified new territory".

If the government chooses not to support the standing committee recommendations, it has a duty to all northern people to present other options now for a cooperative process to resolve the current crisis. If it does not, it risks seeing the territory break apart. There is a very real and present risk that the rift created by Bill 15 will widen and the political, social and economic harmony shared by all of the people of the Northwest Territories will be seriously jeopardized. Thank you, Mr. Speaker.

Mr. Speaker, that concludes the committee's report on Bill 15. I move, seconded by the honourable Member for Tu Nedhe, that committee report 2-13(7) be received by the Legislative Assembly and referred to committee of the whole for further consideration.

The Speaker Samuel Gargan

Thank you, Mr. Erasmus. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Mr. Erasmus.

Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. Mr. Speaker, I seek unanimous consent to waive rule 93(4) and have the report placed in committee of the whole as the first item of business for Wednesday, July 28, 1999. Thank you.

The Speaker Samuel Gargan

Thank you. The Member for Yellowknife North is seeking unanimous consent to waiver rule 93(4). Do we have any nays? There are no nays. Mr. Erasmus, you have unanimous consent. The report will be put into committee of the whole as the first item of business for Wednesday, July 28. Reports of standing and special committees. Mr. Erasmus.

Committee Report 3-13(7): Report On Bill 16: An Act To Amend The Supplementary Retiring Allowances Act
Item 11: Reports Of Standing And Special Committees

July 26th, 1999

Page 657

Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. Later today at the appropriate time the Standing Committee on Government Operations will be reporting on our review of Bill 16, An Act to Amend the Supplementary Retiring Allowances Act. The Standing Committee on Government Operations reviewed Bill 16 at several meetings over the past few months. The committee would like to thank the Honourable Charles Dent for presenting the bill on July 27, 1999, and responding to the committee's questions. Bill 16 would amend the Supplementary Retiring Allowances Act to terminate the payment of pensions under that act.

Members of the Legislative Assembly who are entitled to pensions under the act would be paid the actuarial equivalent of their pensions as of November 30, 1999. They would have the choice of a single lump sum payment or payments over 64 months. Mr. Speaker, while the standing committee is not unanimous, the majority of the committee recommends that Bill 16 not proceed. Some Members entitled to the pension support the bill. However, many others have arranged their financial affairs on the basis of continued pension payments to themselves or their families. Termination of the plan would have serious negative consequences for them. If the government wishes to proceed to terminate the plan, it is the committee's view that Members entitled to payments should have the option to choose a payout or to remain in the pension plan. The committee recognizes that an amendment to provide for this option would be outside the scope of Bill 16, and a new bill would be required to accomplish this.

This concludes the standing committee's substantive report on Bill 16, An Act to Amend the Supplementary Retiring Allowances Act. Although we will later report the bill as ready for consideration in committee of the whole, we recommend that the bill not proceed. Thank you, Mr. Speaker.

The Speaker Samuel Gargan

Thank you. Reports of standing and special committees. Item 12, reports of committees on the review of bills. Mr. Erasmus.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 658

Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. I wish to report to the Assembly that the Standing Committee on Government Operations has reviewed Bill 16, An Act to Amend the Supplementary Retiring Allowances Act, and wishes to report that Bill 16 is now ready for committee of the whole.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 658

The Speaker Samuel Gargan

Thank you. Reports of committees on the review of bills. Item 13, tabling of documents.

The Speaker Samuel Gargan

Pursuant to section 23 of the Official Languages Act, I would like to table the Annual Report of the Languages Commissioner of the Northwest Territories covering the fiscal year 1997-1998. Tabling of documents. Item 14, notices of motion. Item 15, notices of motion for first reading of bills. Mr. Kakfwi.