Thank you, Mr. Chairman. Mr. Chairman, I would like to refer again to legal counsel, Mr. Goldney, please.
Debates of Oct. 9th, 2003
This is page numbers 1355 - 1396 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 1391
Jim Antoine Nahendeh
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1391
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1391
Goldney
Thank you, Mr. Chairman. The answer to that question is yes, 2.7.1 would apply to the rights of the North Slave Metis and if those rights occur as a result of the test established under the Powley case, it applies. Powley sets out, as an important landmark case, the test for Metis claimant groups to establish their rights in courts and the North Slave Metis Alliance were successful in meeting that test and if the court were to find that they had aboriginal rights, then 2.7.1 would apply.
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1391
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1391
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. Again with clause 4, the Tlicho agreement is proved, given effect and declared valid and has the force of law. We've heard that there are other pieces of legislation yet to flow from this agreement that the future government will have to deal with, but when you look at this whole agreement, it includes items such as community governments that are established in the agreement. I would like to know from the Minister in that area, there's a lot more detail in the community government section about how things will go, property tax and so on. So I would like to know from the Minister, by giving this effect and declared valid and has the force of law, are we already approving the next piece of legislation that would come forward? 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 1391
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1391
Jim Antoine Nahendeh
Mr. Chairman, before getting into the specifics, I will refer it to Mark Aitken.
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1391
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1391
Aitken
Thank you, Mr. Chairman. The Tlicho agreement contemplates there would be separate territorial legislation to implement the provisions of chapter 8 relating to Tlicho community governments. That, in fact, has been worked and will be brought forward during the 15th Assembly. Thank you, Mr. Chairman.
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1391
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1391
Floyd Roland Inuvik Boot Lake
Thank you. I thank them for that response. It clears up a lot. The other one is by passing this "by giving this effect and declared valid and has the force of law," my understanding is that even in this agreement when you look at ratification, it talks to the process being the signatures of all parties and ratification by the Tlicho and then through this government, the signage from the Minister that was given the authority by Executive Council and then coming into force, settlement legislation. Now we are in that process right now being c), the coming into force of territorial settlement legislation. Further on in there, it talks about the federal government and once the federal government passes their law, then the agreement is given effect. Is that not so? Just in response to clause 4, my understanding is that this law is not valid until the federal passage occurs.
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Jim Antoine Nahendeh
That's 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 1392
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. I am used to the Minister being quite lengthy in his responses and I wasn't prepared for that quick shot. So if he can give me that again.
---Laughter
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Jim Antoine Nahendeh
Yes, the Member is correct that when coming into force, all legislation will have to be in place. 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 1392
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. Is that settlement legislation by the federal government going to include the amendments to the NWT Act that would give us the authority to actually go through this process?
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Jim Antoine Nahendeh
Yes, Mr. Chairman. The federal legislation that will put this Tlicho Land Claims and Self-Government Agreement Act will contain subsequent amendments to the NWT Act to provide authority to pass laws to implement land claims and self-government. 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 1392
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. I thank the Minister for that clarification. I guess my next question is when do we expect the federal government to be able to put this through and bring it to passage?
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1392
Jim Antoine Nahendeh
Thank you, Mr. Chairman. We understand that the federal legislation is currently being drafted. Our government representative has been involved along with the Tlicho to try to get this legislation done. We understand that it will be introduced some time in December. That's our information. Thank you.