Mr. Minister.
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 1390
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1390
Jim Antoine Nahendeh
Mr. Chairman, the public had an opportunity to review and comment on the Tlicho agreement on a number of different occasions. There have been information periods that were held by the chief negotiators in October and November of 2002 and they met with a number of different groups. I take it that from the list here, most of the meetings probably occurred in Yellowknife. There have been some teleconferences with the Deh Cho representatives, as well as the Akaitcho First Nations. I think consultations took place in all four of the Tlicho communities as well, but the majority has been in Yellowknife. There was one public session in Yellowknife. They made different presentations in different forums and different conferences. 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 1390
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1390
Michael McLeod Deh Cho
Mr. Chairman, as a follow-up to the response by the Minister, it appears there were meetings held in Yellowknife. I am just wondering if the North Slave Metis Alliance had made a presentation at that juncture.
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1390
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1390
Jim Antoine Nahendeh
From the information I have, they had two meetings with the North Slave Metis Alliance.
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1390
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1390
Some Hon. Members
Agreed.
Clause By Clause
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1390
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1390
Some Hon. Members
Agreed.
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1390
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
Michael McLeod Deh Cho
Mr. Chairman, 2.7 covers specific guarantees. Would the Minister explain to me whether that covers the Metis concerns by the Fort Providence Metis and the North Slave Metis Alliance?
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
Some Hon. Members
Agreed.
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
Some Hon. Members
Agreed.
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
Michael McLeod Deh Cho
Mr. Chairman, I understand this is the clause that covers 2.7 in the agreement where it refers to specific guarantees. I would like to ask that same question and if it does cover the same issues raised by the Metis.
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
Thank you, Mr. Chairman. In clause 4, I would make reference to the agreement itself to 2.7.1(b) that states that no provisions in the agreement shall be construed to effect any treaty right of any aboriginal people other that the Tlicho where the right exists before the provision of the agreement was in effect or any aboriginal rights of aboriginal people other than the Tlicho. I believe that from our legal advice, this provision covers the concern, but for a more specific explanation, Mr. Chairman, I would like to refer to our legal counsel, 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 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. It's the Department of Justice's view that clause 2.7.1 does address the substantive concerns of the North Slave Metis Alliance. As we understand those concerns, it does. Essentially, 2.7.1(b) provides that if another aboriginal peoples establish an aboriginal right or a treaty right, the Tlicho agreement cannot operate to effect that right. So if any court finds that the Tlicho agreement impacts any other aboriginal rights, any party to the agreement can give notice. The agreement is itself flexible if it is established either through negotiation or through litigation that an aboriginal right of another aboriginal peoples is affected by the Tlicho agreement. There are also provisions in the Tlicho agreement to amend the contours of the Tlicho agreement to make room for that right. Again, in first instance, if the right is established and the Tlicho agreement in any way affects that right, the provision of the Tlicho agreement that affects that right isn't operative to the extent that it offends or somehow denigrates or affects the rights of other aboriginal peoples. Quite considerable care was coming to this arrangement and a lot of attention was given to it.
We could also point out that clause 2.7.1 was considered by the federal Court of Canada in the North Slave Metis Alliance's mitigation. You may recall, the North Slave Metis Alliance, as part of their mitigation, sought an injunction from the court that would prevent the governments of Canada and the GNWT from taking any further steps to conclude the agreements and the federal Court of Canada ruled that it was satisfied that 2.7 adequately addresses the concerns of other aboriginal peoples, including the North Slave Metis because if the North Slave Metis establish aboriginal rights, and it has shown that these aboriginal rights are affected by the Tlicho agreement, then 2.7.1(b) comes into play.
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
Michael McLeod Deh Cho
Further to that, I am trying to get the comfort here that this clause covers all existing rights, all future rights. For example, since this agreement has been signed, we've seen the Powley case settled. Can the Minister tell us if the rights arising from that will be covered and accommodated through this agreement?
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