In the Legislative Assembly on October 3rd, 2003. See this topic in context.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
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Jim Antoine Nahendeh

Mr. Speaker. I move, seconded by the honourable Member for Thebacha, that Bill 34, Tlicho Land Claim and Self-Government Agreement Act, be read for the second time.

Mr. Speaker, this bill approves, gives effect to and declares valid the Tlicho agreement, which is a land claims and self-government agreement among the Tlicho, the government of the Northwest Territories and the Government of Canada.

This bill also gives effect to the Tlicho tax treatment agreement which is in agreement, in relation to the tax treatment of the Tlicho government, Tlicho corporations and the Tlicho capital trusts.

This bill provides a mechanism for the transfer of personal property to the Tlicho government. It also provides for the legal recognition of the Tlicho agreement. The Tlicho tax treatment agreement and the laws made by the Tlicho government. Thank you, Mr. Speaker.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Minister. You have a motion. The motion is in order. To the principle of the bill. The honourable Member for Range Lake, Ms. Lee.

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Speaker. Mr. Speaker I just want to make a very brief statement in support of the principle of this bill. I do believe that this is a project that has been in the works for a very long time. I know that the members of the Tlicho government and their people are anxious to get this bill in the House.

I will be supporting the second reading of the bill in support of having the bill in the public domain for the public input and consultation process. I just want to state that I support the principle of this bill and that I look forward to having discussions about this bill. Thank you, Mr. Speaker.

---Applause

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The Speaker

The Speaker Tony Whitford

Thank you Ms. Lee. To the principle of the bill. The honourable Member for Hay River North, Mr. Delorey.

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Paul Delorey

Paul Delorey Hay River North

Thank you Mr. Speaker. I, as well, would like to speak to the principle of the bill. Mr. Speaker, I am glad to see the second reading of this bill come to the House.

I look forward to going home this weekend and having consultation on this bill with my constituents. I think that it is very important that the public know what is going on. I look forward to the debate coming up over this bill and as much public input as we can get into it. Thank you, Mr. Speaker.

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The Speaker

The Speaker Tony Whitford

Thank you Mr. Delorey. To the principle of the bill. The honourable Member for the Great Slave, Mr. Braden.

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Bill Braden

Bill Braden Great Slave

Mahsi, Mr. Speaker. I, too, stand here to indicate that I will be supporting this bill. It is the next step, Mr. Speaker, in what has really become a proud history legacy of northern Canadians and Canada as a whole that has seen land claim and self-government process events over time. In most of my life here in the Northwest Territories, Mr. Speaker, and some nine or ten years in the Yukon, I have lived through the evolution of the whole notion that aboriginal people deserve to have these things.

It really is a matter of restoring what they had and how they lived and went about making their own decisions before the arrival, of course, of European culture. The acceptance of land claims and self-government is really becoming part of the North's psyche. It is part of our environment, it is part of how we live, how we work with each other and, very much, Mr. Speaker, it is part of the way we are looking forward in planning for the future. We cannot do these things without factoring in the significance of land claims and self-government. That is why we are here as legislators; to see this through and to be the eyes and the ears and the hearts of our constituents and to lead and guide the laws and programs through to completion.

As my colleague, Mr. Delorey, said he looks forward to seeing this through and to the broadest and fullest possible inclusion as our process and our rules have it, that this is given the fullness of time and exposure to all people of the North to have a look at these laws. To see that they are indeed the right thing to do, see that they meet the expectations and merit the respect that we bring to them, Mr. Speaker. I want to say again that I stand in full support of this bill and look forward to the public discourse and the passage of it in due course. Thank you, Mr. Speaker.

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The Speaker

The Speaker Tony Whitford

Thank you Mr. Braden. To the principle of the bill. The honourable Member for Tu Nedhe, Mr. Nitah.

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Steven Nitah Tu Nedhe

Mahsi cho, Mr. Speaker. Mr. Speaker, I would like to rise in favour in principle of the Bill. Mr. Speaker, the Tlicho agreement is one part of many parts toward constitutional development in the Northwest Territories. We have the aboriginal framework, the Government of the Northwest Territories and the federal government are currently negotiating devolution. This is just one part of it, Mr. Speaker. The Tlicho people have been negotiating for a number of years through different governments. Our government, the 14th Assembly, is the one that finalized that agreement, along with the federal and the Tlicho governments. I think as the 14th Assembly we have to take ownership of that reality. I think I would like to see the Tlicho agreement have third reading while we are still in office as the 14th Assembly of the Government of the Northwest Territories to give it legal effect and to demonstrate not only to the Tlicho people, but to the people of the Northwest Territories and especially to the people of Canada, through their government in Ottawa, that the Northwest Territories is ready for devolution and this is one way and just another way of rubberstamping our position that, yes, we want to take control of the Northwest Territories, its resources and many of the laws and applications of the non-renewable resources in the Northwest Territories.

Like I said, the Tlicho agreement is just another part of constitutional development. If we don't give that agreement legal effect in this Assembly, we not only send a negative message saying that we're careful, et cetera, et cetera. The agreement is a negotiated agreement, it's a final agreement between three levels of government. We could give it as much public process as possible but, at the end of the day, that's still a final agreement. If we don't give it the legal effect while we're still in office, we send a message not only to the Government of Canada, but to the aboriginal governments that are currently negotiating other agreements of a similar nature, saying that the Government of the Northwest Territories is not too serious about it.

So I suggest, Mr. Speaker, and I encourage my colleagues to ensure that the Tlicho agreement is given legal entity by giving it third reading while we're still in office, and I encourage my colleagues to do so. Thank you, Mr. Speaker.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Nitah. To the principle of the bill. The honourable Member for Mackenzie Delta, Mr. Krutko.

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David Krutko

David Krutko Mackenzie Delta

Mr. Speaker, it's a great honour today to speak on the Tlicho agreement. It has been some 20 years of negotiations to the tune of $28 million being expended on these negotiations, which the Tlicho people will have to pay back. I think as a people in the Northwest Territories who have seen the development of land claims, the political process in the Northwest Territories, it has been a long, drawn out process. For people to say they weren't aware of negotiations or not aware of what's in the Tlicho agreement, I find it totally unreasonable to realize that negotiations have been going on for this long and no one knows what's in it.

I've been involved in negotiations of the Dene/Metis claims negotiations process and then also the Gwich'in agreement and the Sahtu agreement. The most cumbersome group of people to negotiate with is the Government of the Northwest Territories. The most challenging issues that you have at the negotiating table are with the Government of the Northwest Territories negotiators. You have to negotiate with the federal government and the Government of the Northwest Territories and all the other people out there. I think for people to sit here and say that we need more time, we've had 20 years. We've spent almost $30 million on negotiating the Tlicho agreement.

The same thing applied to the Inuvialuit, the Gwich'in, the Sahtu and now with the Tlicho agreement. I've spend going on eight years in this House, always bringing the Gwich'in land claim agreement with me because there are a lot of elements of this agreement which haven't even been implemented, and it's over 10 years since the Gwich'in agreement was negotiated. A simple thing like amendments to the Wildlife Act; we've served four years and this has been one of our issues and it hasn't been dealt with. We have establishment of protected areas in this agreement such as territorial parks. It's almost 10 years since these parks were established. It has taken so long to implement our land claim agreement it's pathetic. Yet people say well, they're getting all these things. You get a land claim agreement, but it doesn't mean anything unless it gets legislative assent.

I think that's what the Tlicho agreement is asking for us to do here today. As legislators we have a responsibility to uphold our commitments to First Nations people that have taken the time to negotiate their agreement and also have taken the time to make that expenditure, and negotiations are a two-way street. The federal government has their positions, the GNWT has their positions, and the First Nations people have their positions. But at the end of it all, we have an agreement that basically has been signed by the Prime Minister of Canada, the Government of the Northwest Territories and the First Nations people.

It has been televised across the country. I would like to see this agreement given assent in this House during the sitting of this legislature. If people want to have a full debate, we can debate it on the floor of this House through Committee of the Whole and have it televised across the country so every community, every person in our community can see what the questions are, what the issues are, and as Members of this Legislature standing up to face your predictions and exactly what you stand for. If you have problems with an issue, let's do it on the floor of this House. With that, Mr. Speaker, I fully support the Tlicho agreement and I will encourage Members to also support the enactment of this agreement by bringing forward the legislation that's in front of us and passing it in the Chamber of this House as soon as possible.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Krutko. To the principle of the bill. The honourable Member for Inuvik Boot Lake, Mr. Roland.

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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Speaker. Mr. Speaker, the principle of the Tlicho land claims and self-government agreement is a good one. For years aboriginal people in the Northwest Territories and across Canada have been working to negotiate, along with their claims, self-government. Being that the principle is a good one, Mr. Speaker, is one thing, but our duty as legislators in this House I find myself in a bit of a predicament here because I know the wishes of this government to bring this to fruition, to bring it back in this House to third reading and pass it in the life of this government.

We know that dissolution happens on the 24th of October, and we're done. Mr. Speaker, we need to ask ourselves as legislators for all people in the Northwest Territories if the process we're going to step into, which has already been brought forward by our Cabinet, they've endorsed this and moved this and moved it ahead and taken all the considerations and concerns of Members, and in their wisdom thought that this is a step that needs to happen.

Mr. Speaker, there are questions we have to ask ourselves, and not only ourselves but on behalf of the residents we represent when it comes to this act. I believe that now that it is kicked into the public realm after first reading, and now after second reading it will go to committee and the committee will have to decide now as to what are the best steps for this bill. We've heard a number of Members already say we should bring it back and conclude it in the life of this session. We know our session ends on the 10th, unless we decided as an Assembly to extend those sitting days beyond the 10th up until possibly midnight, I guess, on the 24th.

It is a piece of legislation that is very significant, Mr. Speaker. Government may put this out as a small piece of legislation. There only are a small number of clauses in this bill, and that's true, but they are very significant and mean much, as we've talked about earlier, about the development of this Northwest Territories, the development of the people in the Northwest Territories, and what it means. Every agreement signed to date, there has been no piece to it that included a self-government provision. So this is a very big piece of legislation on that principle of self-government in the Northwest Territories.

Yes, we've heard that the federal government and the territorial government, that's our Cabinet, has signed off on this. The federal government's Cabinet has signed off on this and the Tlicho people have signed off on this and ratified it. This step, Mr. Speaker, that we are now coming to as a Government of the Northwest Territories is our government's way of bringing ratification to this bill. Is it appropriate that we take this and move it through at the pace that is being requested? In many minds, that is a very serious potential and outcome of this bill. Whether we have that debate amongst committee on a public hearing process, whether it's in the communities or have a very public debate in this House in Committee of the Whole, I think we have to give a full degree of attention to this bill and what it means to residents of the Northwest Territories. Once this is ratified, that means every agreement that has been signed to date, whether it was a self-government process or not or just a land claims process, those claims are going to have to have a clause in them that says anything given to one group, we shall benefit from as well. I know that's in the Inuvialuit one, that's in the Gwich'in one, and I'm sure that's in the Sahtu one.

As well, one has to say as a government, in our wisdom are we able to proceed to this stage and bring real effect to this bill, or is it a symbolic gesture, Mr. Speaker? I think as legislators we have to be sure that what we are doing is the right thing, not just for the sake of symbolism, but for bringing real legislation into this House and bringing it forward.

So, Mr. Speaker, in principle, it is a good bill. It will change the Government of the Northwest Territories and evolve to the next step, and we know there are many other claims in that process. I come from an area, the Beaufort-Delta, that is working on something in the area of self-government, as well, Mr. Speaker. So it is important that we deal with this as legislators in an open and transparent way. The residents of the Northwest Territories expect accountability from this government, and making sure that what we do is in the best interest of all people in the Northwest Territories. I know we'd like to do this and do it quickly for the benefit of the Tlicho people, and that's a very plausible thing. We need to look at that and see that in the light that it should be in. But, Mr. Speaker, I have a duty as a Member of the Legislative Assembly to all residents that I represent from my constituency, and until we have that public debate on this to the provisions of this and what it actually means...For example, what does clause 4 mean to the Government of the Northwest Territories, to the people of the Northwest Territories that I represent?

With that, Mr. Speaker, I would encourage that we get it to the public process. Committee, at this point, will have to decide if it's an on-the-road campaign in the sense of taking it out, or if we decide to bring it to this House for a review in Committee of the Whole. We must all be ready for the next stage to do due diligence. It's only what's expected of us by residents.

So in principle it's a good bill, and I would support getting this to the next stage, but I would have some serious questions that I hope the Cabinet, the Minister sponsoring this would have the appropriate answers as we go through that public process. Thank you.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Roland. To the principle of the bill. The honourable Member for Frame Lake, Mr. Dent.

Bill 34: Tlicho Land Claims And Self-government Agreement Act
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Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I, too, support the principle of the bill. I think as the Member for Mackenzie Delta has pointed out, this represents years of work and a significant amount of effort and undertaking by the Tlicho. I understand it to be the first agreement of its kind, bringing claims and self-government together.

I have to say that I haven't had much time to examine the bill, so I do look forward to having some time to have a detailed look at it. But from what I do know of the bill so far, Mr. Speaker, it probably changes the face of governance in the North. In many ways it might have been de facto by constitution making.

One thing I would like to do is compliment the Tlicho on their effort to make this agreement accessible. They've certainly raised the bar when it comes to making a complex legal document like the agreement available in plain language, and I would encourage my constituents to make sure that they have an opportunity to have a look at these documents. I look forward to discussing this bill with Members of committee and hopefully members of the public as it proceeds through the House. Thank you.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Dent. To the principle of the bill. The honourable Member for Yellowknife South, Mr. Bell.

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Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Speaker. I won't take long, we'll have a lot of chance to discuss this bill in detail, but I will rise here today to offer my support for the principle of this legislation, to the principle of this bill.

As Members have said, this will recognize the self-government and land claim aspirations and dreams of the Tlicho people. I acknowledge and admit that four years ago when I was elected, I had very little knowledge about the dreams and aspirations of this First Nation. I can say that I know a heck of a lot more today than I did four years ago, and that's due in large part to the tireless efforts of Leon Lafferty who has been quite an advocate, I must say, for this legislation and for the Tlicho people over the last four years, and has continually been down the hall to discuss progress and their aspirations and dreams with me in my office, and try to encourage me to support the legislation and to work to understand the agreement.

It's very important legislation. It is, in fact, constitutional development. I hope that this legislature and our committee will give it the respect and the full consideration that I believe it deserves, and I look forward to that process. Thank you, Mr. Speaker.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Bell. To the principle of the bill. The honourable Member for North Slave, Mr. Lafferty.

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Leon Lafferty North Slave

Thank you, Mr. Speaker. I stand to support this bill. I think this bill is something that the Tlicho people are looking forward to. They've worked on it for a long time. As you know, there was a ratification vote in June where over 80 percent of the people wanted this, and that's the majority that wanted this self-government legislation to go forward. I know it's unfair of me to ask my colleagues to push it through as fast as they can, but still this is the wish of the people.

The other thing that I'd like to add is that there has been a lot of consultation out there over the 12 years. There have been draft documents that were shared with the Cabinet. Cabinet has full knowledge of all those documents that have passed through them. We've seen some of them. I've shared some of the documents with the Special Committee on Self-Government so they know what we're going to be looking forward to. But those were all just drafts. They couldn't discuss it or make decisions on it because they were just a special committee on the sunset clause, which sort of affected the self-government area, and that was one of the reasons it was put there.

So I have to say I support this and that later on today I will be seeking unanimous consent to move it into Committee of the Whole so we can speed it up as much as we can to the wishes of the Tlicho people. Thank you.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Lafferty. To the principle of the bill. The honourable Member for Sahtu, Mr. Kakfwi.

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. Mr. Speaker, the Tlicho people have invested years of work and literally millions of dollars of their own money to get to where we are today. They have, on their own free will, chosen to be partners with us; partners in a public government. They could have gone exclusively aboriginal, but they chose not to. It's a choice that I think all of us should celebrate. It's an offer that we cannot refuse.

Today, every day for the next few months, the next few years we have to be conscious that we're working with partners and the Tlicho are one of our strongest partners, economically and politically. They are also partners with the Gwich'in, with the Sahtu, with the Deh Cho, with the Akaitcho and the Gwich'in people, with the Metis. They have chosen to work with us on the very same agenda that we're trying to advance, whether it's diamonds, pipeline, oil and gas, devolution or revenue sharing. These are the people that we are partnering with to advance our agendas, and we need them to continue the work that we've started.

Some of us are not as well briefed or haven't taken the time to try to understand the issues of aboriginal people, and some of us haven't taken the time to read the documents that are in front of us, the offers that are made to inform us. We have an obligation as MLAs to be well informed and to make sure that our constituents are informed as well.

I also want to remind Members that every major aboriginal initiative that has come here to this legislature has always been met in the same way. Some were supported, some of us don't know, some of us are afraid and not quite sure what it means. All of us share one need. We need to know what this government, this territory, is going to look at like in two years and in 10 years. That is something singularly lacking with all of us. Some of us think we know. Some of us admit we don't know. It's a need. Unless we develop them, unless we are able to tell our people this government is going to change, there are emerging regional governments, there are aboriginal governments, there are aboriginal people negotiating their rights as part of this aboriginal government and here's how it has changed to date and here's where we are going, people are going to be afraid. People are going to ask for time. People are going to be cautious. So the leadership that we should provide and need to provide can start right here. We can't stop what is going on. Too much has passed away.

The Inuvialuit people, over the objections of this legislature, in fact ignored the Territorial Council of the day when it went ahead and was ratified and implemented. The Gwich'in claim went and there was some caution and concern, but it went ahead and so did the Sahtu claim.

Now the Tlicho claim is in front to us. The Deh Cho process is a process that embraces public government as well. There are a lot of difficult issues to face there, but it's a process that I welcome because they choose to find a way to be part of this government. We have to believe that people out there who want to be governed are saying it's going to be even better. We in this House are part of what goes on in the communities. We have to reflect the will and the aspirations of people out there. Sometimes we do have to take a leap of faith.

We have lawyers and we get advice, we pass legislation all the time. We are not quite sure of what it all means, but we go on the faith of what we are advised. I know that everything is tied together; devolution, revenue sharing, self-government, the Tlicho agreement. People out there are watching us and wondering how we are going to treat it. I have to say I believe that we are going to do it right. This piece of legislation here is one that's gives effect, so it has already been agreed to by the Tlicho, by the Government of Canada and this government. So we do hope that the Members will recognize that people are waiting for us. We are asking the Aboriginal Summit to advance significant issues that are of great concern to revenue sharing, devolution. We are asking them to take a leap of faith. Although we don't know the answers, we don't know the specifics, we are asking to partner with us and take a leap of faith. That's the challenge.

We can't afford to slow things down because we don't know. We can take a reasonable amount of time to inform ourselves and make that judgment. It's a political judgment that may be called on for some of us and I, for one, have no difficulty at all to support and I wish to deal with this as quickly as we can. Thank you.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Kakfwi. To the principle of the bill. The honourable Member for Hay River South, Mrs. Groenewegen.

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Jane Groenewegen

Jane Groenewegen Hay River South

Thank you, Mr. Speaker. Mr. Speaker, I would like to speak to the principle of the bill. I am not going to speak to the process, but again as I have previously commended the Tlicho people for bringing this vision and dream that they have to the stage where it is now. I think anybody who has been part of development in the North, will have known for some time that this has been in the works and they have brought it to a reality and I would like to commend them for that and I will support the principle of the bill. Thank you.

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The Speaker

The Speaker Tony Whitford

Thank you, Mrs. Groenewegen. To the principle of the bill. The House is ready for the question.

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Some Hon. Members

Question.

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The Speaker

The Speaker Tony Whitford

Question has been called. All those in favour? All those opposed? The motion is carried unanimously.

---Carried

---Applause

The motion is carried. Bill 34 has had second reading. The honourable Member for North Slave, Mr. Lafferty.

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Leon Lafferty North Slave

Mr. Speaker, I seek unanimous consent to waive Rule 69(2) and have Bill 34, Tlicho Land Claims and Self-Government Agreement Act, referred to Committee of the Whole.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Lafferty. Mr. Lafferty is seeking unanimous consent to waive Rule 69 and have Bill 34 referred to Committee of the Whole. Are there any nays? The chair has heard a nay. You do not have unanimous consent. Therefore, Bill 34 stands referred to a committee. The chair recognizes the honourable Member for Mackenzie Delta, Mr. Krutko.

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David Krutko

David Krutko Mackenzie Delta

Mr. Speaker, I seek unanimous consent to waive Rule 69(2) and have Bill 34, Tlicho Land Claims and Self-Government Agreement Act, referred to Committee of the Whole.

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The Speaker

The Speaker Tony Whitford

Thank you, honourable Member for Mackenzie Delta. Unfortunately, your motion to seek unanimous consent is too late. The bill has already been referred to a standing committee. Item 18, second reading of bills. The honourable Member for Mackenzie Delta.

Point Of Privilege

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David Krutko

David Krutko Mackenzie Delta

Mr. Speaker, on a Point of Privilege, I did make an attempt by raising my hand and you did not acknowledge me. I have shown that I did put the Table on notice that I was going to be doing a similar motion and I think that should have been passed on to yourself. So I have made the attempt and I think we should follow the procedure of the House to continue with the process and that I have an opportunity to move my motion.

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The Speaker

The Speaker Tony Whitford

The chair is concerned over what you're raising. Are you raising a Point of Order or a Point of Privilege? Please just state your Point of Order again.

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David Krutko

David Krutko Mackenzie Delta

Mr. Speaker, I am rising on a Point of Privilege on the assumption that not enough time was given to allow for notification if there were any other motions to be dealt with and to seek unanimous consent before the conclusion of Bill 34. There should have been enough submission time to acknowledge other Members who may have had a motion at the time. I did raise my hand, but you did not make the attempt to look around the room to see if there are other people to acknowledge. So I rise on the point that not sufficient time was given for notice.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Krutko. The chair did look around to see if there were any other issues to be dealt with and the chair did not recognize any other hands being put up. I am unaware of what else was done. In the chair's opinion, the procedure was followed. I was attempting to follow this systematically and I did check around and did ask twice I think Hansard will show. Then the chair had no option but to continue on with the Orders of the Day, which was seeking any further second reading of bills. That matter has been dealt with and was referred to a committee accordingly. So we will continue on. Item 18, second reading of bills.

At this time, before I proceed to the next item, I would like to ask my colleagues to direct your attention to the presence in the visitors' gallery of two very important people. The former Member for Tu Nedhe and Cabinet Minister and former Premier, Mr. Don Morin.

---Applause

I also would like to direct your attention to the presence in the Speaker's Gallery to a very important person in all of our lives, Mrs. Kate Hamilton.

---Applause

Item 19, consideration in Committee of the Whole of bills and other matters; Bill 21, Protection Against Family Violence Act; Bill 22, Waste Recovery and Reduction Act; Bill 24, Midwifery Profession Act; Bill 26, Youth Justice Act; and, Committee Report 18-16(4), Report on the Review of Bill 21, Protection Against Family Violence Act, Bill 24, Midwifery Profession Act, and Bill 26, Youth Justice Act, with Mr. Krutko in the chair.