Debates of Oct. 10th, 2003
This is page numbers 1397 - 1454 of the Hansard for the 14th Assembly, 6th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was tlicho.
Topics
- Members Present
- Item 1: Prayer
- Minister's Statement 111-14(6): Department Of Executive
- Minister's Statement 112-14(6): Tourism Marketing Campaign
- Minister's Statement 113-14(6): Departmental Achievements
- Minister's Statement 114-14(6): Rwed Achievements
- resources
- wildlife
- environment
- economic Development
- conclusion
- Minister's Statement 115-141(6): Departmental Successes
- early Childhood
- kindergarten To Grade 12
- adult And Post-secondary Education
- training And Employment
- income Support
- culture, Heritage And Language
- Development Of The NWT Tourism Industry
- Reflections On The 14th Legislative Assembly
- Acknowledgment Of Mackenzie Delta Constituents
- Honouring Commitments To The North Slave Region
- Recognition Of Youth, Family And Constituency Assistant
- Passing Of Elders In Tu Nedhe
- Fairness To Income Support Recipients
- Appreciation For Colleagues, Constituency Assistant And Family
- Education And Training For Northerners
- Significance Of The NWT Tourism Industry
- Appreciation For Colleagues, Staff And Family
- GNWT Daycare Subsidy Program
- Appreciation For Colleagues, Staff, Constituents And Family
- Item 4: Returns To Oral Questions
- Item 5: Recognition Of Visitors In The Gallery
- Question 424-14(6): Proposal For Tl'oondih Healing Program
- Question 425-14(6): Clawback Of Impact Benefit Agreement Payments
- Question 426-14(6): Aurora College Academic Appeal Process For Students
- Question 427-14(6): Impacts Of Auditory Ailments In Young People
- Question 428-14(6): Subsidy Payments To Daycare Operators
- Question 429-14(6): Increase Funding For Tourism Marketing Initiatives
- Question 430-14(6): Amendments To The Wildlife Act
- Question 431-14(6): Invitation To Attend Grey Cup Festivities
- Question 432-14(6): Gwich'in Wildlife Harvesting Rights
- Item 9: Replies To Opening Address
- Tabled Document 106-14(6): Letter From President Of Kapami Cooperative Regarding Power Rates In Colville Lake
- Motion 21-14(6): Censure Of The Minister Of Health And Social Services, Defeated
- Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
- Bill 34: Tlicho Land Claims And Self-government Agreement Act
- Committee Motion 144-14(6): To Amend Clause 13 Of Bill 34, Carried
- Item 20: Report Of Committee Of The Whole
- Bill 34: Tlicho Land Claims And Self-government Agreement Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
October 10th, 2003
Page 1413

David Krutko Mackenzie Delta
Thank you, Mr. Speaker. Mr. Speaker, my question is to the Minister of Resources, Wildlife and Economic Development. We're hoping that there would have been some sort of tabling of the draft legislation for the Wildlife Act provisions but, as we all know, it's probably not going to happen.
This government has expended some $1.375 million since 1999-2000. Mr. Speaker, a lot of those dollars have been expended on drafting consultation and whatnot. Yet, Mr. Speaker, one of the concerns that is apparent, especially from the Inuvialuit Game Council and the Gwich'in Tribal Council, is that there's no intervener funding on behalf of those organizations to have their own drafters or lawyers look at the implications of what's in their land claims agreement and drafting that legislation along with the government. Right now, you're basically stating that you're consulting with those groups by way of the consultation process.
Mr. Speaker, I raised this issue last week in the House about what exactly consultation really means. Consultation under the land claims agreements is pretty clear. It's that consultation is to provide the party with consultation and notice that the matter of discussion is significant in form and detail, and allow the party to prepare its views and matters.
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1413
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1413

David Krutko Mackenzie Delta
Mr. Speaker, in regard to that statement, it's clear to me that it means more than just sitting down and talking. I'd like to ask the Minister, have you considered the Inuvialuit request that they do get intervener funding so they can have their own drafters make amendments to the Wildlife Act and bring it forth to this government?
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1413
Return To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1413
Jim Antoine Nahendeh
Mr. Speaker, the Department of Justice is drafting the wildlife legislation. We're working with them in RWED. The land claims organizations and the wildlife co-management boards are required to integrate the wildlife harvesting management provisions of their land claims agreements into the draft legislation. So you have a number of them. You have the Inuvialuit, you have the Gwich'in, you have the Sahtu and now you have the Tlicho that all want to take their wildlife harvesting management provisions of their claims and have it put into the draft legislation. There's a difference of opinion on how to do it. The land claims organizations have requested that further consultations not be undertaken until initial draft legislation is complete. That's what we're trying to do. Each of the land claims organizations have received funding to assist with the cost of the legal review of the proposed legislation. That is the approach at this time. Thank you.
Return To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1413
Supplementary To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1413

David Krutko Mackenzie Delta
Thank you, Mr. Speaker. Mr. Speaker, the request I'm making to the Minister is, will the Minister allow for the First Nations organizations that do have land claims the ability to have their own legal drafters at the table to present their comments and provisions to the legislation so that they can feel a part of this process, and not simply give them funding to have consultation with no legal presence at the table? Will he allow the First Nation groups with land claims agreements, who we're obligated to work with, to have their own legal drafters at the table when drafting this legislation?
Supplementary To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1414
Further Return To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1414
Jim Antoine Nahendeh
Mr. Speaker, as I indicated, the Department of Justice is the one that is drafting this legislation. Even though RWED is involved, this is the drafting procedure of this government. The request from the aboriginal governments is that they want to have their own lawyers actually sit with the Department of Justice lawyers to actually draft the document themselves. The approach that Cabinet has directed us to do is to do the normal process of drafting legislation, whereas the Department of Justice is drafting it and we're working with the aboriginal groups as we come up with the provisions. So at this point in time, it's a Cabinet decision for us to continue drafting legislation the way that we normally do it. Thank you.
Further Return To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1414
Supplementary To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1414

David Krutko Mackenzie Delta
Thank you, Mr. Speaker. Mr. Speaker, my understanding of the process that is used in the Yukon, the Yukon government allows the First Nation government to have their own drafters work on drafting the legislation with the government drafters. I'd like to ask the Minister, if this practice is being done in the Yukon, why can't we do it in the Northwest Territories?
Supplementary To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1414
Further Return To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1414
Jim Antoine Nahendeh
Mr. Speaker, in the Yukon they have one umbrella claim that encompasses all the 14 First Nations. The wildlife provisions are contained under one umbrella agreement. In our case in the Northwest Territories, we have the Inuvialuit land claims agreement, we have the Gwich'in, we have the Sahtu and now we have the Tlicho. We have the Deh Cho who are negotiating their own and Akaitcho, then the Northwest Territories Metis Nation and the different First Nations. It's a different scenario in the Yukon where they have one entity that they have to deal with. It's simpler and easier for them to do that. Likewise, in Nunavut they have just one organization. It's easier. In our case, we're going to have legal representation from the Inuvialuit, the Gwich'in, the Sahtu, the Dogrib, perhaps the Deh Cho and Akaitcho. You're going to have about seven other aboriginal lawyers sitting with the Department of Justice drafting the legislation. It makes it very difficult. The approach that Cabinet has directed us to do -- it's a Cabinet decision, not mine alone -- is to continue to do the legislation the way we would normally do it through the Department of Justice. We draft it and we have close consultation with the aboriginal governments so they are aware of what we're doing. There's lots of information and communication back and forth. Until Cabinet makes a decision on allowing lawyers from the aboriginal governments to actually sit down and draft legislation, then this is the approach we're going to take. Thank you.
Further Return To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1414
Supplementary To Question 430-14(6): Amendments To The Wildlife Act
Question 430-14(6): Amendments To The Wildlife Act
Item 6: Oral Questions
Page 1414

David Krutko Mackenzie Delta
Thank you, Mr. Speaker. Mr. Speaker, one of the largest sections of the land claim agreements with the Inuvialuit, the Gwich'in, the Sahtu and the Tlicho is the wildlife provision section. It's a large section. You're looking at almost 24 pages. I think for the government to say, well, it's the system they use in the Yukon. The system they used in the Yukon included the Inuvialuit. The Inuvialuit were able to get their own drafters and lawyers to draft the legislation and present it to the Yukon government. What we're seeing in the practice of this government is that this is a fundamental component of the land claim agreements. It's not something the Department of Justice alone should sit in the back room and deal with. I'd like to ask the Minister, will you meet with the First Nation aboriginal groups that have concerns about this process we're using, especially regarding the Inuvialuit Game Council and the other land claim organizations, to allow them the opportunity to present their case and have their own drafters at the table?
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