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some aboriginal peoples as a safeguard for their self-government interests, and thus, as something that should not be repealed...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 With division, the Electoral Boundaries Act was repealed, as it was only intended to govern the transition to two territories.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.