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 1392

The Chair

The Chair David Krutko

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 1392

Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. So, in fact, today as we sit, we are going through this as more of a formality because we don't have the legislative authority to actually bring this into effect?

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

The Chair

The Chair David Krutko

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 1392

Jim Antoine Nahendeh

Mr. Chairman, the amendments to provide the Government of the Northwest Territories with authority is something that is in question, but our information is that the Yukon territory had brought settlement legislation in prior to receiving any federal authority to do so. Subsequently an amendment was made to the Yukon Act to provide that authority. So to date, the Yukon settlement legislation has not been challenged, I understand. We have been in contact and discussions with the federal government to have this similar type of arrangement done so that even if we do pass our legislation, then the amendment that the federal government will make to the NWT Act to put this into effect could be retroactive. 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

The Chair

The Chair David Krutko

Clause 4. Mr. Nitah.

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

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Steven Nitah Tu Nedhe

Thank you, Mr. Chairman. Mr. Chairman, clause 4(3) speaks to third parties. I know this question has been asked already, but I would like to get more certainty. I would like to ask the Minister what effect will this agreement have on other aboriginal governments who want to come to similar arrangements with the federal and territorial governments within the Tlicho settlement area? 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 1392

The Chair

The Chair David Krutko

Mr. Minister.

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

Mr. Chairman, there have been several third party obligations that were negotiated in this settlement claim. This confirms that basically the negotiation was that the third parties were bound by other obligations and they can rely on provisions within this agreement to have that. As for other First Nations, other aboriginal governments, I think there are provisions in the Tlicho agreement to work with the other aboriginal governments. In this Tlicho land claims and self-government agreement, they are defining their own rights. They are not defining anybody else's rights. I think the rights of other aboriginal people, like we said earlier, are protected through the different provisions in this agreement. 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

The Chair

The Chair David Krutko

Mr. Nitah.

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

Steven Nitah Tu Nedhe

Thank you, Mr. Chairman. Mr. Chairman, outside of the individual rights of the people who are non-Tlicho citizens, the question I am referring to is specific to land. I represent a constituency that is Treaty 8. I know Treaty 8 has negotiated their boundary agreements with the Tlicho citizens. I just want to get reassurance from the Minister that this agreement would recognize and honour that overlap agreement. 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 1392

The Chair

The Chair David Krutko

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 1392

Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, I just wanted to reassure the Member that it was at great length that the overlap agreements were reached with the Akaitcho. As a result of consultation, that agreement is part of this claim here and will be there the way it was agreed 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 1392

The Chair

The Chair David Krutko

Mr. Nitah.

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

October 9th, 2003

Page 1392

Steven Nitah Tu Nedhe

Thank you, Mr. Chairman. Mr. Chairman, specific to the North Slave Metis Alliance again, I know the Powley decision was recent. We don't understand the full magnitude of that decision yet, but it is a Supreme Court decision and normally it's been demonstrated through history that any Supreme Court decision has a national implication. Would the North Slave Metis have the same ability without a formal agreement with the Tlicho, similar to that of the Deh Cho and Akaitcho have with the Tlicho, have the same ability to come to terms with Canada and the Northwest Territories on a similar agreement within the settlement area? 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 1393

The Chair

The Chair David Krutko

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 1393

Goldney

Thank you, Mr. Chairman. The Powley decision, as I stated earlier, provides the test for Metis claimant groups to establish their rights and if the North Slave Metis Alliance were successful in pursuing their rights through litigation, the agreement would operate to make room for those rights. I think the Member is asking whether or not it would be available for the North Slave Metis Alliance to negotiate those rights and that's certainly another way of establishing the North Slave Metis Alliance's rights. To date, however, Canada has not recognized the North Slave Metis Alliance as a distinct aboriginal peoples. That might change as their aboriginal rights are established and maybe further defined through the courts. But at present, there are no negotiations with the North Slave Metis Alliance. That willingness may change on the part of Canada and if it does, and the North Slave Metis Alliance have their aboriginal rights established in a treaty and have treaty rights, then 2.7(1) will allow for the accommodation of those rights.

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

Page 1393

The Chair

The Chair David Krutko

Clause 4. Ms. Lee.

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

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. Seeing as section 4 addresses the whole Tlicho agreement, I have a question with regard to the requirement for consultation. I have the plain speak version of the agreement. Section 7.5.13 says, before enacting a law in relation to the matter set out in 7.4.2, the Tlicho government shall consult with government, and it's plainly interpreted here and I read that to mean that there is a certain requirement for consultation where Tlicho government is making new laws that may affect the laws of Canada.

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

Page 1393

The Chair

The Chair David Krutko

Ms. Lee, could you have your question based on clause 4 and refer to that clause, not refer to different sections of the agreement? Just the clause that we're discussing now. Clause 4.

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

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Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. I thought I was doing a good job explaining that, Mr. Chairman. Mr. Chairman, section 4 says the Tlicho agreement is approved giving effect and declared valid and has the force of law. This clause gives effect to the agreement. That means that we are ratifying the whole agreement with this clause. I have a question about something in the agreement which deals with the requirement for consultation. I'd just like to put it on record as to what the requirements are. What are we envisioning in terms of the requirement on the part of Tlicho government to do consultation when they're setting up new laws that affect Canada and the NWT? I just want the Minister to simply describe what the consultation process might look like. 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 1393

The Chair

The Chair David Krutko

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 1393

Jim Antoine Nahendeh

Thank you, Mr. Chairman. Mr. Chairman, the clause that the Member is referring to makes reference that the Tlicho government shall consult with government. I think it's specifically making reference to 7.4.2 and in that particular 7.4.2, the Tlicho government has the power to enact laws in relation to the use, management, administration and protection of Tlicho lands and the renewable and non-renewable resources on there. There are a number of different points there that make reference specifically to those different provisions in there. In that aspect they will be consulting with the government on how they're going to do it in terms of granting interests in Tlicho lands, land use plans, business occupation activities on the lands, control or prohibition of transportation, sale and manufacturing provisions, use of weapons, dangerous substances on Tlicho land and so forth. I think the provision the Member is referring to deals with how Tlicho government will be consulting with government when they start dealing with the powers they have to enact laws in these particular areas on their lands and resources. 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 1393

The Chair

The Chair David Krutko

Ms. Lee.

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

Page 1393

Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Chairman. That's how I read it and my question is, has the government planned for how this kind of consultation would take place? Because the way I read it, there is a legislated requirement for consultation. So I thought I would hear from the Minister on that. 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 1393

The Chair

The Chair David Krutko

Mr. Antoine.