Mr. Speaker, I have a return to written question asked by Mr. Yakeleya on February 1, 2010, regarding caribou management measures.

Consultation is a duty that obligates the GNWT to discuss, consider and, where appropriate, accommodate the concerns of aboriginal peoples when the GNWT undertakes actions that might adversely affect established and asserted aboriginal and treaty rights. Consultation is a process with the objective of ensuring that aboriginal and treaty rights are protected and that any negative impacts are avoided, minimized or mitigated. Consultation also assists with reconciliation between aboriginal and non-aboriginal peoples and their respective claims, interests and ambitions. The GNWT has developed departmental process guidelines to assist us in taking a consistent and coordinated approach when discharging the GNWT’s duty to consult. The following provides an overview of the process followed:

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The duty is triggered whenever the GNWT

considers carrying out a government action that has the potential to affect an asserted or proven aboriginal or treaty right.

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The scope and scale of the duty varies on a case-by-case basis and is directly tied to the strength of the asserted or proven aboriginal or

treaty right being affected as well as the potential impact of the government action on this right(s).

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In other words, the duty to consult and

potentially accommodate lies on a spectrum, with the requirements of the duty becoming more stringent with the strength of the right(s) being affected and the potential impact of the government action on the right(s).

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Consequently, the GNWT carries out the duty through subjective case-by-case analysis whenever its actions may infringe upon an asserted or proven aboriginal or treaty right.

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The GNWT engages those aboriginal

governments and organizations that have the authority to represent particular groups of aboriginal peoples in order to satisfy its consultation and potential accommodation obligations.

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Aboriginal governments and organizations also have a reciprocal duty to engage in consultation efforts and cannot frustrate the consultation process by refusing to participate or by imposing unreasonable conditions. This duty does not provide an aboriginal government or organization with a veto over the proposed GNWT government action. Instead, the duty provides an opportunity for an aboriginal government or organization to express its concern(s) with a proposed GNWT government action, and provide the GNWT with an opportunity to reconcile the proposed GNWT government action with the expressed concern(s).

While the GNWT does not have a general, all-inclusive definition for consultation, there is a specific definition of consultation in each of the settled lands, resources and self-government agreements in the Northwest Territories. These definitions were developed at the negotiating table and represent the agreement of all parties to those agreements. Whenever the GNWT wishes to carry out a government action in settled areas, GNWT departments refer to these agreements and the specific instances in which they identify the need for consultation.

The GNWT commenced engagement and consultation on the implementation of recovery action for the Bathurst caribou herd shortly after the Department of Environment and Natural Resources’ June 2009 photographic survey showed that the herd was in rapid decline. These surveys were conducted with observers from affected aboriginal governments and organizations. Official counts were released on September 24, 2009, through a press release. At that time, the GNWT indicated that recovery actions would be required. A workshop in early October 2009 was held with

various groups to discuss options for herd recovery. The Tlicho Government and the GNWT used information from the workshops to complete a joint management proposal for submission to the Wekeezhii Renewable Resources Board (WRRB). The joint proposal was submitted to the WRRB in early November 2009. A subsequent press release by the WRRB indicated that these recovery options were significant enough to warrant a public hearing, which was initially scheduled for January 2010, although it has now been scheduled for late March 2010.

The following factors influenced the need for interim emergency measures:

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The rapid rate of decline from over 100,000 to 32,000 in three years.

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Model projections that at current harvest levels of 5,000 to 7,000 caribou the herd may no longer exist within five years.

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The majority of the harvest occurs in winter. The Bathurst caribou herd has the lowest proportion of bulls in the NWT, and at this low population level it is also critical to conserve cows.

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Receiving recommendations from the WRRB and implementing a decision would not occur until after this winter’s harvest.

The interim emergency measures were developed to conserve the Bathurst herd and address hardships. The WRRB, Tlicho Government and the Yellowknives Dene First Nation were all informed at meetings in November and December 2009 about the proposed measures. ENR has been working with the Tlicho Government to implement the interim emergency measures. ENR continues to work with the Yellowknives Dene First Nation to address concerns.

With respect to the dates of caribou calving, it has been documented that annual variation in peak calving times can occur within herds. Late calving can occur in herds subject to poor environmental conditions, including situations in which females in poor condition conceive on later estrus cycles or go through an extended period of gestation. In 2009, the Bathurst caribou herd’s peak calving period was between June 6th and 9th , suggesting that the

Bathurst caribou herd’s peak calving period is actually shifting back to earlier calving peaks. For instance, peak calving in 2005 was between June 14th and June 20th . Peak calving in 2003-2004 was

between June 8th and 14th and peak calving in 1996

was between June 4th and 10th . Thank you, Mr

Speaker.