Bill 34, Deh Cho Land Claim Self-Government Agreement Act, clause 1.
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 1388
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1388
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 1388
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1388
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. Mr. Chairman, can the Minister inform us what the Tlicho tax agreement means and what does it mean for citizens that are non-Tlicho and residing in the Tlicho area when this comes 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 1388
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1388
Jim Antoine Nahendeh
Thank you, Mr. Chairman. Mr. Chairman, there is a Tlicho tax agreement that is in place and recognizes the power of the Tlicho to enact laws for the Tlicho government proposed in relation to direct taxation of Tlicho citizens on Tlicho lands and in Tlicho communities. That's the clause you were referring to, I believe. The government tacks powers on the Tlicho agreement, clause 7.4.5. If that's the question, the Tlicho final agreement recognizes the power of the Tlicho government to enact the laws the Tlicho government proposed in relation to direct taxation of Tlicho citizens on Tlicho lands and in Tlicho communities. Tlicho in clause 7.5.11 clarifies for greater certainty that these powers are concurrent with the powers of the federal and territorial governments. 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 1389
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. Mr. Chairman, I didn't catch the last part of what the Minister said in reference to that. Did he refer to the fact of the impact? Now I understand that initially this tax agreement on clause 1 refers to giving the government status. For example, this government doesn't have to pay GST, for example, and can be registered along those lines, but I guess what I am looking for is does this tax agreement allow for any other taxation to occur and if it does, what impact does that have on non-Tlicho citizens residing in the area? 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 1389
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Jim Antoine Nahendeh
Thank you, Mr. Chairman. Mr. Chairman, the tax treaty agreement that was entered between the Tlicho and the Canada and GNWT, sets out tax treatment of the Tlicho government and the Tlicho corporations for federal and territorial income tax and the federal GST. That's the way that is. It also sets out the treatment for the Tlicho trust, which will receive the capital transfer from Canada. I think the final question was does it have an impact on non-Tlicho citizens. I understand it does not have an impact on them. 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 1389
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. I thank the Minister for that response. In clause 1, it talks about the Tlicho government means the government of the Tlicho First Nations established in accordance with the Tlicho agreement. I think that refers to the actual Tlicho, not the community governments but more like the regional type government, the actual head of the organization. How would that be established?
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Jim Antoine Nahendeh
This clause defines the Tlicho government in accordance with the Tlicho agreement. The details of the Tlicho government including structure and authorities are found in chapter 7 of the Tlicho 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 1389
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. As the Minister referred to chapter 7 of the agreement -- and I am just referring to the plain speak that all Members have had a copy of -- is the understanding that that government will be made up completely of Tlicho citizens? Will there be room for non-Tlicho citizens, whether they are aboriginal or non-aboriginal, but residing on Tlicho land?
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Jim Antoine Nahendeh
In chapter 7, it's explanatory in 7.1.3 where the government body of the Tlicho government exercises law-making powers and the primary executive function will include at least the grand chief, elected at large. They have to be an eligible Tlicho citizen and the chief of each Tlicho community government will also make up this government and at least one representative from each of the Tlicho communities elected by residents of that community. I take it that at least one representative from each Tlicho community elected by residents of that community, so there's a possibility perhaps there that it might be a non-Tlicho in that position. 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 1389
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Floyd Roland Inuvik Boot Lake
That would be very different from what I initially understood, that that level of government would be made up of only Tlicho beneficiaries or citizens as they enroll. Is that accurate? I know the community government level, which we will not be dealing with, but the next government will be, the chief will be a Tlicho citizen and at least half of the council will be made up of Tlicho citizens, but for this one, there's not a whole lot to that. I guess I asked this because I want to ask the Minister, as Cabinet signed this document, initialed and then signed it officially, were they satisfied that their legal people reviewed this and felt that there was no derogation as responsible for other public citizens, that their rights were not going to be infringed upon as being able to be represented at this level of 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 1389
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Jim Antoine Nahendeh
Thank you, Mr. Chairman. Mr. Chairman, all these different chapters, particularly chapter 7 on the Tlicho government, yes, we've gone over it. The Department of Justice has gone over it thoroughly and we are quite satisfied in the way that it's developed. In this governing body of the Tlicho government, we must understand that this is a government, Tlicho government, that will have jurisdiction over the Tlicho citizens and over the Tlicho land. It's therefore designed as such. 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 1389
Bill 34: Tlicho Land Claims And Self-government Agreement Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1389
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. Is the Minister then saying at that level of government, the Tlicho government will have no authority or law making over non-Tlicho citizens at that level? 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 1389