Thank you, Mr. Speaker. Mr. Speaker, in my third year that I have been an MLA I find it rather frustrating that some of the issues that I initially raised as an elected Member remain unresolved. An example of this is how the government deals with the impact benefit agreements. These agreements exist in the Territories between First Nations groups and businesses such as BHP and Diavik.
Financial compensation is being given by these businesses to aboriginal groups to allow for their traditional use of the land. During the February sitting of this House, Mr. Speaker, my colleague Mr. Nitah questioned what other territorial groups or companies have negotiated impact benefit agreements with industry other than the aboriginal groups.
Mr. Speaker, it is my understanding that only First Nations groups have been recognized in these agreements. Obviously these agreements recognize that the territorial lands are the homelands of aboriginal people and with resource development and the loss of the traditional use of the land, First Nations should be compensated.
The reasoning behind IBAs is the same basis as to why treaties were created between First Nations and the Government of Canada. It is fair to say therefore that IBAs are modern treaties.
One of the pieces of legislation that we, as legislators are examining right now is related to the IBAs. It is the Human Rights Act. Some people have said that it is the most important piece of legislation that the 14th Assembly will deal with. In section 2 of the Human Rights Act it states that nothing in this act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada, by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982."
Mr. Speaker, impact benefit agreements have been created with First Nations groups on the basis that initial treaties were signed between the Government of Canada and the First Nations. As such, the territorial government needs to recognize that the monies received by First Nations from IBAs are constitutionally protected. Mr. Speaker, aboriginal people should not be discriminated against because of who they are when it comes to income support clawbacks. Thank you, Mr. Speaker.
-- Applause