Thank you, Mr. Bell. Mr. Krutko.

Thank you, Mr. Chairman. Mr. Chairman, in regard to the Human Rights Act, I do not disagree that we need such legislation, but I do not think we are going far enough to protect the interests of the aboriginal people, and also protect the rights and privileges that First Nations people have arrived at through treaties, land claim agreements, and also the special protection that they have under section 35 of the Canadian Constitution. Yes, there is a Charter of Rights and Freedoms, but there is also a section that clearly identifies that First Nations people have a unique interest in Canada, but also an interest by way of being a collective organization, which is made up of the collective, and also by way of the organizations they are associated with, and also the special privileges that they received through land claim agreements, and also through treaty commitments that have been made some time ago.

I for one feel that the committee should have dove a little deeper into this issue and ensured that we do ensure that special interest that aboriginal and First Nations people have in Canada but also in the relationship between governments through long-term treaty obligations, which were negotiated back in the 1800's and also early 1900's. Also, the modern treaties that we have out there today.

I strongly believe that those interests, if not anything, have put higher stature under section 35 than they do under the section dealing with the protection under the Charter of Rights and Freedoms.

I note from looking at the Minister's opening comments that he did not touch on that, and looking through the legislation, there is very little wording by way of ensuring that protection exists. I think that for myself, as someone who has been involved in land claim negotiations and also the fight for First Nations governments to ensure that those protections are out there through what we are trying to accomplish through self-government agreements and what we were able to accomplish through land claim agreements, which are presently protected under section 35 of the Constitution.

I for one strongly feel that with the uniqueness of the Northwest Territories and the population distribution, and the traditional lands and traditional relationship that these First Nations governments and people have with Canada, that we have to ensure that their protections in regard to their cultures and also their unique associations with the Crown, the Government of Canada, has to be looked at.

In regard to this human rights legislation, I for one feel that it does not go far enough to ensure those protections are in there. Yes, it is great to establish a commission. But at the end of the day, if the commission does not agree that special relationship does exist with the Government of Canada and also through modern treaties, that we somehow will eventually lose out as First Nations people who have been fighting for years to ensure that those protections are there, to recognize that there is that inherent right, and also to ensure that we do have the fundamental principles through land claim agreements and other agreements to have these unique arrangements privy to First Nations by way of being appointed to a specific body, working out economic agreements or social benefit agreements, and also ensuring that there are those opportunities that we see clearly undermined to date by way of policies of this government.

I am talking about the Affirmative Action Policy here today. Yet these policies and procedures were there to ensure that those protections were in place, but yet, we definitely can see that they have not done anything to improve the lives and the circumstances of the First Nations people here in the Northwest Territories.

Again, I would just like to reiterate that I am dissatisfied that this legislation does not go far enough, and that basically for myself, if you are having legislation in place that is overriding special interests of groups, especially aboriginal people and the rights that they have by way of section 35, that has to be encompassed in any legislation, but not be burdened by new legislation, such as the Human Rights Act.

I for one would like to state for the record that I feel we have not gone far enough in that area, to protect the unique relationship that aboriginal people have. I think that we always talk about individual rights and we do not really look at the collective rights that aboriginal people have by way of their treaty associations or land claim arrangements that they have, where their rights are shared collectively by way of rights that flow from different arrangements that they have with Canada, and with the obligations to commitments they have made over a period of time, talking about treaties and modern treaties by way of land claim agreements, and now self-government agreements.

I would like to ask the Minister, what are we doing to ensuring that we do not overlook this aspect in regard to aboriginal rights in the context of the Human Rights Act?

Thank you, Mr. Krutko. Mr. Allen.

Thank you, Mr. Chairman. First of all, I would like to convey on behalf of my colleagues that we concur that this was a dual effort from both sides to try to reach the objectives, and I see that we will agree to the majority of the proposed subject matters before us in the bill. The importance of Mr. Krutko's comments is that there is, from our perspective, and we state the importance of promoting respect for and observance of human rights in the Northwest Territories while at the same time promoting respect for an observance of the aboriginal treaty rights of the aboriginal peoples. Perhaps I am going to ask the Chair if my colleague, Ms. JanisCooper, can respond to that more in the legislative detail.

Thank you, Mr. Allen. Ms. Cooper.

Thank you, Ms. Cooper. Mr. Krutko.

Thank you, Mr. Chairman. Mr. Chairman, in most modern treaties and land claim agreements that have been signed between the Government of Canada and First Nations governments, there is a clause that talks to derogate or abrogate from existing rights of aboriginal people under section 35. I am wondering, why is it that we as a government have not used such wording in the context of the Human Rights Act, knowing that those already exist under legislative agreements in regard to land claim agreements and other treaties that have been signed. I would like to know why such wording was not used in this case.

Thank you, Mr. Krutko. Ms. Cooper.

Thank you, Ms. Cooper. Mr. Dent.

Thank you, Mr. Chairman. I do not have any further general comments, but I just wanted to ask a question though, because the question was posed to me and I would just like it on the public record. This bill, once enacted will repeal the Fair Practices Act. I would like to know from the Minister is there anything, any section, any protection that is provided by the Fair Practices Act that will not be covered either under this new act or other acts that we have in force in the Territories already?

Thank you, Mr. Dent. Ms. Cooper.

Thank you, Ms. Cooper. Mr. Dent.

Thank you, Mr. Chairman. The concern was raised by someone who is not certain that protections that might be provided under the Fair Practices Act in an employee-employer relationship would also be covered by this bill. Are all the protections that are now provided to someone in an employee-employer relationship with an employer provided for either in Bill 1 or in other acts that we have in force in the Territories?

Thank you, Mr. Dent. Ms. Cooper.

Thank you, Ms. Cooper. General comments. Ms. Lee.

Thank you, Mr. Chairman. Mr. Chairman, I do not have a long statement to make except to say how happy I am to see us having reached this far in this legislation. As we are well aware this was a bill that was introduced as the first item of this Assembly and it has gone through some rough spots. I know that it has also gone through a lot of consultations, not only the one conducted by the Department of Justice staff but also we should remember the work of Sue Heron-Herbert who took the responsibility of consulting with communities before the bill actually was introduced or it got to the committee stage.

I also understand that the committee has done its hearings as well. I am aware there are some who feel that some of the items they wanted included were not included in this, but I know that this is a good piece of legislation. It is something that is a long time in the making. I know that when I was at law school not too far back that was when I learned that we actually did not have human rights legislation in the Northwest Territories and that we were one of very few.

The last attempt to do this 20 years ago was not successful. While I acknowledge that there are probably some shortfalls and I suppose we cannot have legislation that meets the approval of everyone, to everyone's satisfaction, I do not believe that takes away from the fact that this is a very important bill. This is probably one of the most important things that we are going to accomplish in this House and what the Minister's opening remark says about the fact that discrimination against people on any number of grounds is very much a part of our lives. We should never take it for granted. It happens.

Even though there is a law and lots of other things that keeps reminding every one of us, and not just in this House, but we as citizens that discrimination is not okay, discrimination does happen, sometimes without us even knowing about it. We all have our own backgrounds and biases and our beliefs and it is not easy sometimes to know that some of the things that we take for granted might be seen as something that is discriminatory in other people's lives.

This will provide a protection in situations of employment and commercial relations in renting places. We hate to admit it but in our society discrimination of all sorts happen and I am very proud to be a part of a Legislature and the history of the Northwest Territories that I am here now and that this bill is before us and that I will be part of the team that will have done our people a great service by deliberating, considering, introducing and enacting, hopefully, a Human Rights Act for all the people of the Territories.

That is just a general statement that I wanted to add to this debate on the bill. Thank you, Mr. Chairman.

Thank you, Ms. Lee. General comments. Mr. Roland.

Thank you, Mr. Chairman. Mr. Chairman, I have not had opportunity to go in great detail over this. Looking at a couple of areas I have a couple of questions, just to seek some clarity on the act and its coming into effect and what implications it would have on certain organizations that are established in the Northwest Territories.

One under clause 3, I believe it is denominational schools. I would like to know what this section is intended to do and what its impact will be. As well, I will be looking for clarification on subsection 6 of section 7 on the exemptions of an organization or society to give preference of employment to an individual or class of individuals. I would like to know what that exemption is intended to do, to get some clarity. Thank you.

Thank you, Mr. Roland. Ms. Cooper.