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

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Jim Antoine Nahendeh

No, this agreement cannot be changed by the Legislative Assembly.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Antoine. Mr. Dent.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Chairman. Again, I referred to this in my opening comments so I think I know the answer, but I would like to have it confirmed by the Minister. Is it also right that this is a new approach? Many similar agreements are entirely bilateral between aboriginal governments and the federal government, and the Tlicho probably could have insisted on a strictly bilateral agreement with the federal government. So a deal could have been made between the Tlicho and the federal government, without the Government of the Northwest Territories at the table. Is that correct?

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Dent. Mr. Antoine.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Jim Antoine Nahendeh

Yes, Mr. Chairman. Technically that bilateral arrangement could have been an approach that was taken to make this happen. Thank you.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Antoine. Mr. Dent.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Chairman. I think also we've seen that our tenure at these tables is not very strong. If I'm not mistaken, when the Government of the Northwest Territories wasn't prepared to sign agreements with the Saskatchewan Denesuline and the Manitoba Denesuline, those two parties went to the feds and got agreements signed on a bilateral basis, and we weren't involved in the signing even though we had been at the table. Is that not correct?

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Dent. Mr. Antoine.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Jim Antoine Nahendeh

Yes, the court case and the arrangement of the federal government are interim measures agreements, IMAs, and that's what is being currently worked on. Thank you.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Antoine. Mr. Dent.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Chairman. I really wanted to just get it on the record that the Assembly can't change the agreement and that this does represent a new approach, and that the Tlicho have agreed to have the Government of the Northwest Territories at the table, and I think we welcome that approach. I would have welcomed an opportunity, as I said earlier, to be able to, during public hearings, make sure that my constituents were aware of these provisions.

Another question about one of the clauses in the agreement, clause 2.10.1(b) in the agreement itself outlines the process for an amending agreement, and that it involves that all three parties have to agree. As I understand it, this is similar to First Nations Yukon Self-Government Act, but that provides that any amendment that the government agrees to must be tabled within the Legislative Assembly within 15 days, along with a Cabinet order giving approval to the amendment. There's no such provision in the act we're looking at today that we would see that happen, is there?

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Dent. Mr. Antoine.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Jim Antoine Nahendeh

No, the Member is right, it cannot happen. Thank you.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Antoine. Mr. Dent.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Chairman. Mr. Chairman, could the Minister advise whether the Department of Justice has provided a legal analysis of the constitutional validity of providing that future amendments to the agreement become law without consideration by this Legislative Assembly?

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Dent. Mr. Goldney.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Goldney

Thank you, Mr. Chairman. I can advise that the Department of Justice has reviewed the agreement quite thoroughly and is confident in its constitutionality and such matters were considered. Thank you.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Goldney. Mr. Dent.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Chairman. In that case, I guess what I'm looking for then is a political commitment and a public commitment from the Minister that in the future that if there are amendments to this that are agreed to by Cabinet, that Cabinet agree to table those in the House so that the public and Members are aware of those changes. I seek that from the Minister, please.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

The Chair

The Chair Paul Delorey

Thank you, Mr. Dent. Mr. Antoine.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1436

Jim Antoine Nahendeh

Yes, Mr. Chairman, we can table amendments in the House as they are made. Thank you.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1437

The Chair

The Chair Paul Delorey

Thank you, Mr. Antoine. Clause 4. Mr. Roland.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1437

Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. Mr. Chairman, part of clause 4(2), "For greater certainty, any person or body may exercise the powers, rights, privileges and benefits conferred on the person or body by the Tlicho agreement and shall perform the duties and is subject to the liabilities imposed on the person or body by the Tlicho agreement." Can the Minister inform us as to how that would impact on citizens who are non-Tlicho?

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1437

The Chair

The Chair Paul Delorey

Thank you, Mr. Roland. Mr. Antoine.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1437

Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, briefly this confirms that persons may exercise rights and liabilities contained within the Tlicho agreement, and binds the people and the bodies to follow all the obligations applied to them in the Tlicho agreement. Thank you.