It was important for the committee to consider how the current electoral districts were established and the issues that arose surrounding their establishments. Annex IV provides a chronology of these events.

The committee's terms of reference went beyond a study of the sunset clause and the development of a recommendation to the Assembly. The terms of reference required the committee to explain the issue and seek input and options from the public.

The committee prepared a brochure on the sunset clause, mailed it to all households and made a copy available on the Legislative Assembly's website. As well, a full-page open letter advertisement to the public was placed in all territorial newspapers to explain the work of the committee; and radio announcements were made, in all official languages, through the CBC, CKLB, CJCD and CIVR. This was done in November of 2001. The public was invited to send its views to the committee in writing or by e-mail, and the committee indicated that it would visit those communities that invited it.

The committee attended 22 meetings in 19 communities, as listed in Annex II. The meetings were held from late November, 2001 to the beginning of May, 2002. The Members for Deh Cho, Inuvik Boot Lake, Nahendeh, Nunakput, Sahtu, Thebacha, Yellowknife Centre and Yellowknife Frame Lake attended, and in some cases organized, the meetings held in their communities by the committee. The following MLAs also made presentations to the committee: the Members for Mackenzie Delta, Yellowknife Centre and Yellowknife Frame Lake.

In the material it prepared for public information and consultation, the committee outlined two options. As presented, these were:

Option 1:

Repeal or cancel the clause. With the sunset clause gone, the status quo will be maintained and the Assembly will no longer have to deal with a deadline. This will allow an election to be held at the end of the current term.

Option 2:

Extend the timeline on the sunset clause to allow the next Assembly to make decisions regarding the number of electoral districts in the North, and make other decisions as necessary in the future to address the progress of self-government negotiations.

The sunset clause is an unusual legislative provision. It is not surprising that a number of people remarked that they had not previously heard of the clause, or did not understand it, or said that they needed more information and time to consider it. Some attending the meetings in Colville Lake, Fort Good Hope, Fort Providence and Tulita expressed a desire to receive more information and a chance to discuss the sunset clause further before coming to a firm conclusion.

As a general rule, those who thought more consideration needed to be given to the issues favoured option 2. The president of the Sahtu Secretariat expressed this by saying that the sunset clause should be extended to give people the opportunity to sort it out.

On the other hand, many said they did not wish to see more time spent on this issue. A councillor in Tuktoyaktuk remarked that he did not like the idea of the government coming back to re-examine the sunset clause every four years. The mayor of Fort Smith referred to the cost, in time and money, of seeking public input on this question, and a speaker at Fort Good Hope drew attention to the need to deal with many other issues facing communities: "These other issues are taking so much valuable time from the real problems -- social challenges facing the community." The mayor of Inuvik summed up this train of thought bluntly: "The government should repeal the clause and get on with governing."

Varying interpretations emerged of the options presented by the committee. One speaker in Fort Good Hope described option 1 as the "do nothing" option and option 2 as "more proactive." Another speaker in Fort Good Hope thought the opposite. In Holman it was remarked that repealing the clause now, or extending it for some time in the future, were essentially the same: both were "status quo."

In Deline, a resident remarked that in addition to the two options presented, there was a third: to redraw the electoral districts. Others did not see this as a third option so much as a course of action closely related to the two options presented. The differences between these views of this subject may be a matter of sequencing. A speaker in Hay River asked: "Couldn't you simply repeal the sunset clause and put in an Electoral Boundaries Commission to deal with people's fear that there is no way to address electoral boundaries?"

The mayor of Holman expressed a very similar idea:

I think we would want the assurance that the Legislative Assembly would readdress the issue of electoral boundaries and not forget about it. Maybe a guarantee that this will be looked at again in the future, and go with status quo until then. Maybe have an Electoral Boundaries Commission.

Of course, a number of opinions were expressed on the current distribution of electoral districts. A few people thought that their region should have another representative in the Assembly, either because of its size (geographical extent) or because its population seemed large enough to warrant it. This view was expressed in Rae-Edzo with regard to the North Slave electoral district. Speakers in Nunakput, Sahtu and Nahendeh expressed similar concerns.

Some expressed the idea that Yellowknife did not need so many seats and was too dominant in the NWT governmental system. In Inuvik, the chief expressed this idea:

Yellowknife has everything, all the government departments and very easy access to the government. I think we should look very seriously at the number of ridings in Yellowknife.

The idea that Yellowknife has too much access to, control over, and benefits from government -- and therefore is over-represented in the Assembly -- was found in many communities. However, the consensus at most meetings appeared to be that the current distribution of electoral districts, if not perfect, is satisfactory and does not require change at the present. The idea of an Electoral Districts Boundaries Commission was mainly discussed in the context of an appropriate mechanism to be used at some future time, not as an immediate task to be undertaken during the life of the present Assembly.

The relationship between the distribution of electoral districts, the sunset clause and self-government negotiations was discussed at every meeting. In Deline, the former chief expressed his understanding that: "The purpose of the Sunset Clause was to force the GNWT to deal with self-government issues." Some presenters therefore expressed concerns that repealing the sunset clause at this time could affect self-government negotiations that are underway.

Others saw the self-government relationship differently. In Holman there seemed to be a general consensus that to wait for self-government negotiations to be completed before repealing the sunset clause could take many years. A speaker in Fort Smith thought that this report should include an emphasis on the importance of progress in self-government negotiations.

A representative speaking for the Yellowknife Chamber of Commerce said that he did not understand how "the threat of extinguishing this Legislature" would speed-up self-government negotiations. A Yellowknife resident, who introduced himself as formerly one of the active members of the Friends of Democracy, said that the Assembly should repeal the sunset clause and the government should "get on with the business of figuring out about self-government."

The sub-chief for the Deninu Ku'e First Nation explained that the treaty negotiations in which her First Nation is engaged are with the federal government. The Government of the NWT is an observer at these negotiations. Her First Nation, however, wants to work out a relationship with the GNWT and does not want to see the GNWT dissolved, as the sunset clause may be taken to imply.

Overall, a range of views was heard. In some meetings the issues were discussed but the community presented no formal position. Some communities provided a letter or resolution setting forth their view. In other cases, this was communicated verbally by the mayor, chief or other representative. Some communities did not adopt a formal position.

The committee found the sunset clause difficult to explain or rationalize.

The sunset clause is perceived by some aboriginal peoples as a safeguard for their self-government interests, and thus, as something that should not be repealed... rather, it should be left for future deliberations, perhaps the next Assembly.

The legislation does not define the issues. It provides no useful tool or guidance. It is only a threat of dire consequence if something is not done. The committee's mandate requires that some constructive action be taken to resolve or at least address the issues. The committee also suggests that it would serve no purpose to defer the problem to the next Assembly.

The committee heard that it could help resolve issues related to over and under representation. Most evident were opinions that, with the 19 ridings as we know them today, Yellowknife is grossly over-represented, while ridings such as Nahendeh, North Slave and Sahtu had too many communities for one MLA to effectively represent.

The committee heard in almost every community that the status quo distribution of 19 seats is not problematic, and that there is no immediate requirement to address boundaries for the 15th Assembly, but the reality of Yellowknife having seven MLAs upset many. The committee agrees that the NWT can improve representation issues and should take steps to set up the terms and criteria by which this can be done. The obvious mechanism is in a modernized Electoral Boundaries Commission Act.

The last time there was an Electoral Boundaries Commission in the NWT was just prior to division. With division, the Electoral Boundaries Act was repealed, as it was only intended to govern the transition to two territories. Therefore the NWT and Nunavut are the only jurisdictions in Canada that currently do not have electoral boundaries commission legislation in place. The committee feels that this should be remedied and in place for the 15th Assembly to act and set in place a new boundary system for the election of the 16th Assembly and subsequent Assemblies.

The committee does not agree that the sunset clause should be dismissed without a thorough discussion of the causes that created it and what should be done to deal with them. The committee trusts that this report, and the community consultations that led up to it, satisfies the need for discussion and review.

If the sunset clause were allowed to legally come into effect it would not only seriously damage the status of the GNWT within Canada but could also affect self-government and even land claims negotiations. The committee cannot recommend retaining a law that nobody wants to see brought into effect.

To defer the clause for another Assembly to consider would be simply to put off the problem of dealing with it, with the same options once more to be considered. The strongest reason for its retention would be to allow more time for its consideration. The committee does not find this to be sufficient reason.

The accomplishments in self-government, land claims and treaty negotiations during the past three years have shown that we will continue to make progress together. The sunset clause, then, is something that we should put behind us as we move on, in a positive spirit, to grapple with changes in the arrangements for the governance of our Territory. It is in this spirit that we recommend its repeal. Mr. Speaker,

The committee recommends that the 14th Assembly amend the Legislative Assembly and Executive Council Act to repeal subsection 2(3).

The committee is aware of the absence of any Electoral Boundaries Commission legislation within the present Territory. The enactment of such legislation is required.

The legislation should be based, in part, upon that used earlier for this purpose in the NWT. Consideration, however, should be given to:

• • preparing and releasing an Electoral Boundaries Commission interim report to allow for public discussion before issuing a final report; and
• • establishing a definite time period for boundaries commission reviews, such as after every second territorial election.

Practices followed in other jurisdictions may be looked to for guidelines in this respect.

The criteria to be used by the commission for the purpose of recommending electoral district boundaries should provide the maximum flexibility possible. This is to ensure effective representation for the smaller communities, including non-tax-based municipalities and recognition of the responsibilities of MLAs as both ombudsmen and legislators.

The criteria contained in section 11 of the former Electoral Boundaries Commissions Act remain relevant and should be included:

11. The commission, in preparing its report, shall take into consideration:

(a) 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;

(b) any special community or diversity of interests of the inhabitants of any part of the Territory;

(c) the means of communication among various parts of the Territory;

(d) the minimum and maximum number of Members of the Legislative Assembly authorized by the Northwest Territories Act;

(e) any guidelines or criteria proposed for the consideration of the commission by resolution of the Legislative Assembly; and

(f) any other similar and relevant factors that the commission considers appropriate.

The committee, while reviewing provincial and territorial practices in other Canadian jurisdictions, observed that some provinces have allowed through legislation for some deviation for exceptional circumstances from the 25 percent rule. The committee is of the view that the new legislation dealing with establishing electoral districts should allow for some deviation under exceptional circumstances.

The above criteria should be reviewed for comprehensiveness and to ensure that the following are included:

1. transportation arrangements;
2. cultural and linguistic relations;
3. total population and population of voting age;
4. the boundaries of municipalities;
5. the boundaries of self-government agreement areas;
6. the boundaries of land claim settlement areas; and
7. information obtained through public hearings.

The committee did not receive any definite requests for an immediate Electoral Boundaries Commission and therefore does not recommend that one be established before the election of the 15th Assembly. The committee considers, however, that a commission will likely be required before the election of the 16th Assembly.

The committee recommends that the 14th Assembly enact electoral districts boundaries commission legislation similar to that previously in force, but with such changes as may be desirable to maximize public involvement and to ensure the effective representation of all communities.

The special committee is now ready to undertake the second phase of its mandate, which is to consider how the Legislative Assembly and the Government of the Northwest Territories may be impacted by the implementation of self-government. The committee is mindful that its role is not to interfere with ongoing self-government negotiations but will focus on the implications once agreements are finalized and the impact agreements will have on Legislative Assembly operating structures and procedures in such areas as legislation and appropriations.

During the second phase of its mandate, the committee will also consider how self-government may impact the Government of the Northwest Territories with respect to the functions of policy, programs, services, financing and administration over the immediate and long term. The committee looks forward to engaging in this part of their mandate, which will culminate with the committee making recommendations on transitional measures that could be implemented to prepare for the implementation of self-government agreements.

Mr. Speaker, that concludes the report of the Special Committee on the Implementation of Self-Government and the Sunset Clause.

THEREFORE I MOVE, seconded by the honourable Member for Nahendeh, that the Report on the Sunset Clause be received by the Legislative Assembly and moved into committee of the whole for consideration. Thank you, Mr. Speaker.

Thank you, Ms. Lee. We have a motion. The motion is in order. To the motion. Question has been called. All those in favour? Thank you. All those opposed? The motion is carried. The report is now moved to committee of the whole.

Item 4, reports of standing and special committees. The honourable Member for Frame Lake, Mr. Dent.

Thank you, Mr. Speaker. I am pleased to report the Standing Committee on Accountability and Oversight's Report on the Review of the Languages Commissioner's Annual Report, 2000-2001.

The Official Languages Act was passed by the Legislative Assembly of the Northwest Territories in 1984. The act guarantees equal status for the use of Canada's two official languages for members of the public using government programs and services. The act also officially recognized the aboriginal languages spoken in the Northwest Territories.

In 1990 amendments to the act gave greater status to northern aboriginal languages and recognized the need to protect aboriginal culture through the promotion of the use of aboriginal languages. The 1990 amendments also included the creation of the position of the Languages Commissioner to be appointed by the Legislative Assembly for a term of four years.

According to section 20(1) of the act, the duties of the Languages Commissioner are:

...to take all actions and measures within the authority of the Languages Commissioner with aview to ensuring recognition of the rights, status and privileges of each of the Official Languages and compliance with the spirit and intent of the act in the administration of the affairs of government institutions, including any of their activities relating to the advancement of the aboriginal languages in the Territories.

The Commissioner has the authority to investigate any complaints made to her office or may initiate an investigation, if it is warranted. The Commissioner may also issue opinions on complaints and make recommendations to institutions as she deems necessary. If, after a reasonable amount of time, the Commissioner's recommendations have not been acted upon by the institution, the Commissioner may make a report to the Legislative Assembly.

The Commissioner is also required to submit an annual report to the Legislative Assembly. Ms. Fibbie Tatti was appointed to the position of Languages Commissioner in July of 2000.

Ms. Tatti submitted her annual report for 2000-2001, which was tabled in the House on November 5, 2001. The Standing Committee on Accountability and Oversight met on March 4, 2002 with the Languages Commissioner and Ms. Shannon Gullberg from the Office of the Languages Commissioner.

During the review of the Languages Commissioner's 2000-2001 Annual Report, it was noted by the committee that the vision and mandate of the Office of the Languages Commissioner had been significantly altered. The previous vision/mission statement read as follows:

The Office of the Languages Commissioner works to assist in the preservation, promotionand protection of the official languages of the Northwest Territories, and to ensure that the Government of the Northwest Territories departments, boards and agencies comply with the spirit and intent of the Official Languages Act as legislated.

The new vision is as follows:

Each step we have taken in language revitalization has been taken with elders and many committed and dedicated persons. Each achievement has been made by working togethertoward the common vision of strong, healthy NWT official languages. The Office of the Languages Commissioner must follow this cooperative approach, working together withall language communities and NWT citizens in meeting their language needs and aspirations and upholding the Official Languages Act.

The standing committee did not wish to enter into a debate on the relative merits of each vision or mandate of independent offices of the Legislative Assembly. However, committee members did feel that the Languages Commissioner should have consulted with the Legislative Assembly before significantly altering the official vision of the Languages Commissioner's office.