Thank you, Mr. Speaker. Thank you, Mr. Jacobson.

Concerns Expressed During The Review

Concern About The Impact Of Federal Legislation On NWT Species At Risk

Many people who participated in the public hearings raised concerns about whether the federal Species at Risk Act would supersede the proposed NWT legislation. For species in the NWT that are listed under the federal legislation, the Government of the Northwest Territories must show that its laws are providing effective protection for those species. The Species at Risk (NWT) Act will establish the mechanisms to assess the status of a species at the territorial level -- which could differ from the national level -- identify the threats facing the species in the NWT, and identify what actions are necessary to protect, conserve and recover that species. This would fulfill the NWT’s commitment under the national accord and meet the obligation to provide effective legal protection.

It will also allow for the assessment of species that may be at risk in the NWT but are not at risk nationally, and provide the appropriate protection and conservation measures to address threats in the NWT. The proposed NWT legislation will also provide protection to species at risk in the NWT in a manner that recognizes the unique circumstances of wildlife co-management in the NWT.

Concern About Aboriginal And Treaty Rights

Throughout the standing committee’s public review process, many questions were raised by presenters about how aboriginal and treaty rights were protected under the proposed legislation. The committee members are confident that the proposed legislation makes the paramountcy of aboriginal and treaty rights over the legislation clear. Clause 2 of the bill ensures that aboriginal and treaty rights cannot be infringed upon by the Species at Risk (NWT) Act. The act also makes it clear that if there is an inconsistency between the act and a land claim agreement, the provisions of the land claim agreements prevail to the extent of the inconsistency. In addition, the preamble to the act also specifically recognizes the constitutional duty of the Government of the Northwest Territories to consult with aboriginal peoples.

Under the act, aboriginal groups with unsettled land claims are not recognized as management authorities because they do not have the same accountabilities established with respect to species management until their land claim or self-government agreement is settled. However, the preamble of the act recognizes that “future agreements with aboriginal peoples whose land

claims are not yet settled are likely to address authorities and processes for the management and processes for the management and conservation of species” which thereby allow for a future role as a management authority. However, whenever the interests of these groups are affected, the Minister is bound to consult and accommodate as established in current case law and under section 35 of the Constitution Act.

Concern About Complex Structures

Management of wildlife resources in the Northwest Territories is shared by three levels of government -- federal, territorial and aboriginal -- and by co-management boards established by land claims agreements. The protection, conservation and use of wildlife resources in the NWT are also bound by case law and aboriginal and treaty rights.

The proposed species at risk legislation establishes a Conference of Management Authorities which will set out a formal process of collaborative decision-making among co-management boards established under land claims and self-government agreements and the Governments of the NWT and Canada which will guide the identification and management of species at risk.

Members of the Species at Risk Working Group who made presentations to standing committee see the concept of the Conference of Management Authorities as the best approach to accommodate the complex decision-making that would be required for species that cross boundaries of two or more land claim areas and allow for coordinated action among the various wildlife co-management structures that exist in the NWT.

The standing committee members agree with the proposed structures to manage and assess species that may be at risk in the NWT. The conference builds on the existing co-management processes and authorities established for wildlife management in the NWT.

Thank you, Mr. Speaker. At this time I would like to turn it over to my colleague from the committee, Mr. Krutko. Thank you.