In the Legislative Assembly on March 14th, 2002. See this topic in context.

Federal Court Ruling On Tax And Treaty Rights
Item 3: Members' Statements

Page 653

Steven Nitah Tu Nedhe

Mahsi cho, Mr. Speaker. Mr. Speaker, in his decision, Justice Campbell concluded, and I quote:

I find that the treaty term must be interpreted to provide to aboriginal people who are entitled to the benefits of Treaty 8 a treaty right not to have any tax imposed upon them at any time for any reason.

Mr. Speaker, that was the decision last Thursday.

As the House is aware, I represent the riding that is in the Akaitcho Treaty 8 area. Many people have questions about the relevancy of this court ruling to their own rights. There are questions coming from Treaty 8 citizens who are currently employed by the Government of the Northwest Territories. We need to bring some information to them and to the Akaitcho people as well, Mr. Speaker.

I would like to give a brief background on the issues as understood by the Akaitcho people. The Akaitcho First Nations became a party to a peace and friendship treaty with the Crown on July 25, 1900, at Deninu K'ue. The Crown considered that treaty to be a continuation to the making of Treaty 8, begun in 1899.

For the Akaitcho, the treaty is not a land surrender treaty but rather a stand-alone treaty consisting of the agreements and assurances made on July 25, 1900. The federal court in the Benoit decision said that the honour of the Crown required that Treaty 8 be interpreted as including a full treaty right not to be taxed, since this was believed by the First Nations parties to Treaty 8 at the time of the treaty.

The Akaitcho First Nations have the same general conviction that a treaty term of the 1900 treaty is the right not to be taxed at any time without explicit consent. Whether this right arises by virtue of the explicit promise made in 1900 or whether this right is recognized through the principle of the honour of the Crown, all Akaitcho citizens have their treaty right not to be taxed unless they consent.

The Akaitcho First Nations are currently in treaty implementation negotiations that include, among many other subject matters, Mr. Speaker, issues of taxation. The Akaitcho have stated on a number of occasions that they prefer a negotiated agreement on issues of taxation. At the same time, the federal court has affirmed our treaty right to be free of all forms of taxation and I, along with the Akaitcho chiefs, encourage our citizens to take advantage of this recognized...

Federal Court Ruling On Tax And Treaty Rights
Item 3: Members' Statements

Page 653

The Speaker

The Speaker Tony Whitford

Mr. Nitah, your time for your Member's statement is over. Mr. Nitah.

Federal Court Ruling On Tax And Treaty Rights
Item 3: Members' Statements

Page 654

Steven Nitah Tu Nedhe

Thank you, Mr. Speaker. Mr. Speaker, I seek unanimous consent to conclude my statement.

Federal Court Ruling On Tax And Treaty Rights
Item 3: Members' Statements

Page 654

The Speaker

The Speaker Tony Whitford

Thank you. The honourable Member is seeking unanimous consent to conclude his statement. Are there any nays? There are no nays. You may conclude your statement, Mr. Nitah.

Federal Court Ruling On Tax And Treaty Rights
Item 3: Members' Statements

Page 654

Steven Nitah Tu Nedhe

Mahsi cho, Mr. Speaker. Mr. Speaker, there are political accords signed by the GNWT and the Akaitcho chiefs to recognize that there are treaty issues which might arise in the course of the negotiations. Our government has undertaken to support the Akaitcho in these discussions on their treaty rights.

Mr. Speaker, unfortunately, one of the sad aspects of the Benoit decision has been a lot of negative language in the press and in the public regarding the treaty right to be free from taxation. The language has been fuelling negative comments that are hurtful. It would be prudent on the part of the Government of the Northwest Territories to undertake to implement a number of initiatives to mitigate this negative stereotyping of treaty rights.

Mr. Speaker, these negative words go far into the bureaucracy of the Government of Canada. Supreme Court Justice Beverly McLaughlin recently stated to a Canadian Club presentation that the First Nations people in Canada are conquered people. That is not the case and the Benoit decision reaffirms that particular assertion by First Nations that these treaties are peace and friendship treaties.

Mr. Speaker, I think our government could help mitigate some of these problems by developing curriculum that should be viewed with the objective of including materials related to the treaty making process in Canada and more importantly, in the Northwest Territories. All people have treaty rights within the Territory that are members of First Nations. It is by virtue of the treaty that people can live and share the resources of the Territory. These concepts of co-existence should be included in the curriculum. Any review should include the Dene people so that the product is an accurate reflection of their history and view of the treaty and history of the North.

As Judge Campbell has written that the oral testimony is an important component in this analysis of the materials placed before him, there needs to be an understanding and support for this work, Mr. Speaker, in our educational institutions. I will ask some questions of the appropriate Minister to try and clarify and ascertain the position of this government on the Benoit decision at the appropriate time. Mahsi cho, Mr. Speaker.

Federal Court Ruling On Tax And Treaty Rights
Item 3: Members' Statements

March 13th, 2002

Page 654

The Speaker

The Speaker Tony Whitford

Mahsi, Mr. Nitah. Item 3, Members' statements. The honourable Member for Yellowknife South, Mr. Bell.