This is page numbers 3981 - 4022 of the Hansard for the 16th Assembly, 4th 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 caribou.

Topics

Jane Groenewegen

Jane Groenewegen Hay River South

Mr. Speaker, I would like to ask the Minister: what would get obesity to the point, as she says -- I suppose they call it morbid obesity -- where it affects the well-being of the person? What would set that apart in the department’s policy guidelines from any other illness that someone could have? I don’t understand why this thing would be treated any differently than any other disease people have. Maybe some people are overweight because they are addicted to food, but if we were going to start telling people they couldn’t receive services

because they had an addiction, that we wouldn’t be providing service, people with substance addictions or tobacco. There is no end where it would end. Does the Minister concur that obesity can be a medical condition that should be covered by this government? Thank you.

Sandy Lee

Sandy Lee Minister of Health and Social Services

Mr. Speaker, perhaps one day we can have a big debate on that.

Mr. Speaker, wellness includes a lot of things. It includes healthy eating, healthy lifestyle. Our program does not… Canada Health Act, for example, does not support alternative medication, herb medication, acupuncture. I think there are a whole slew of things that our people would like us to cover, because definitely it would include their wellness, also probably their medical condition. The fact is, weight loss reduction services are not part of our Canadian health insurance system. It is not covered anywhere or in any part of the country. Obviously there is an exception that can be made. It could be established that it is life threatening. That is why there is always that exception in the rule. So we are reviewing that. I will get back to the Member on that, because we are hard pressed to cover those programs that are covered under the Canada Health Act where the programs are delivered by hospitals and doctors. We can’t continue to add without putting guidelines and some programs here first. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Ms. Lee. The honourable Member for Sahtu, Mr. Yakeleya.

Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Mr. Speaker. My question is to the Minister of Aboriginal Affairs, Mr. Roland. In terms of meaningful consultation and with the very important government that we have with the aboriginal governments, in terms of this issue going forward and a nation-to-nation-to-nation trust building relationship, from October 19th to 23rd there was a Dene leadership meeting here in Dettah. A motion was moved by Chief Edward Sangris of the Yellowknives Dene and seconded by the grand chief, Joe Rabesca, of the Tlicho Government, talked about the importance of this issue of the caribou here. They talked about having the discussions on the government-to-government basis with our government here in terms of looking at this herd and how to deal with it. I want to ask the Minister of Aboriginal Affairs in terms of this type of serious motion that was passed by the chief in terms of raising the issue to a government-to-government relationship, did the Minister act on this motion from the Dene Nation?

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Yakeleya. The honourable Minister responsible for Aboriginal

Affairs and Intergovernmental Relations, Mr. Roland.

Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Speaker. The process that we use at Aboriginal Affairs and Intergovernmental Relations when we become aware of these motions is we work with the appropriate departments to see their responses and how they would respond and work with the First Nations government or the Metis or the Inuvialuit, for example. There’s a process that is involved that we bring forward and work with them to try and work with the groups when it comes to the motion. In fact, in this particular case the Wekeezhii process is in place. Part of the Tlicho Self-Government Agreement that we work with and, as the Minister has pointed out, is a process that we undertake, as well as meetings we would have one-on-one with the affected groups and governments.

Norman Yakeleya

Norman Yakeleya Sahtu

Again I would ask the Minister of Aboriginal Affairs, in regard to the Dene Nation leadership motion that was passed, did the Minister act on this motion as the leadership wanted some work to be done in regard to the caribou?

Floyd Roland

Floyd Roland Inuvik Boot Lake

As a result of the motion and motions prior to that, in fact as early as 2007, the importance of caribou was raised that we as a government from those motions worked with the First Nations aboriginal governments to come up with, number one, the accounts that were in dispute initially. We worked with them to get that information together using traditional knowledge and modern science and supported them with resources to help do the accounts. As well, that then set in place the initiatives that were undertaken by governments by reducing some of the earliest, when it came to tags or else those that qualified for resident harvesting, right up to the point where the last group affected were the aboriginal harvesters and we’re doing work to accommodate. So, yes, we have worked with those motions.

Norman Yakeleya

Norman Yakeleya Sahtu

The motion speaks to a long-term plan with the GNWT on a government-to-government basis in terms of the basis to recognize the inherent right to hunt and the authority in terms of this issue here. Has this government here sat down with the Dene Nation leadership and talked about this issue as the motion dictated in terms of our saying this is what they wanted to do? Has this government done this in terms of answering to this motion that was passed on October 19th to 23rd ,

2009?

Floyd Roland

Floyd Roland Inuvik Boot Lake

The motions that are passed, whether it is by the Dene Nation or the regional leadership or the specific regional government that brings forward initiatives that we sit down and respond to those motions. We have agreements in place. For example, through the co-management boards, through the settled areas,

whether it’s the Inuvialuit, the Gwich’in, the Sahtu, and through the self-government process of the Tlicho. In the unsettled areas there was a number of discussions held. There were meetings, as well, around this issue as well as at the larger meetings at the Dene Nation itself talking about the importance. I believe the Minister of ENR has provided a list of meetings that were held around caribou, around their importance and the need to take some action around conversation. So, yes, I would say we have acted on those and continue to do so as well. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Roland. Time for question period has expired, but I will allow the Member a final supplementary, Mr. Yakeleya.

Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Mr. Speaker. Mr. Speaker, based on the government’s list in terms of consultation, he listed off a bunch of meetings. Mr. Speaker, the Minister has certainly done a lot of meetings. He’s shown me a very impressive list in terms of meetings. However, I believe that, Mr. Speaker, this will not stand up in the Supreme Court of Canada in terms of meaningful consultation. There is one process of doing meaningful consultation. The others tell him this is what we’re going to do and leave it at that. So, again, I ask the Minister in terms of building a relationship with the aboriginal governments on bigger issues that the Northwest Territories has to face, how is this going to ensure that the aboriginal governments should trust this government because of its own interest? How can we assure the aboriginal governments that we have their best interest at heart in terms of their rights and their culture and their way of life?

Floyd Roland

Floyd Roland Inuvik Boot Lake

Mr. Speaker, it’s our responsibility as a government to make sure we work with the partners in the Northwest Territories. In fact, the list of meetings the Member has shows our commitment to work with the aboriginal membership across the Northwest Territories, whether it is around water, land, caribou, the many examples that we’ve worked in partnership developing either legislation or implementation plans about how we can serve and regulate the use of wildlife in the Northwest Territories. So we continue to do that.

As for seeking my opinion about what would qualify as satisfactory engagement in front of the Supreme Court, I’m not a lawyer, but I know with what we have and the practice we’ve put in place as the 16th Assembly, we do engage, we do consult and we work to accommodate. In fact, Minister Miltenberger talked about the accommodation factor with the Tlicho, and that’s been presented to the Akaitcho about harvesting outside this zone. So initiatives have been undertaken to try to make sure that we can serve and have caribou for the future generations. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Roland, Item 8, written questions, Item 9, returns to written questions. Item 10, replies to opening address. Item 11, replies to budget address, Item 12, petitions, Item 13, reports of standing and special committees, Item 14, reports of committees on the review of bills, Item 15, tabling of documents. The honourable Minister of Health and Social Services, Ms. Lee.

Sandy Lee

Sandy Lee Minister of Health and Social Services

Thank you, Mr. Speaker. I wish to table the following document titled Youth Smoking in the NWT: Descriptive Summary of Smoking Behaviour Among Grade 5 to 9 Students. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Ms. Lee. Item 16, notices of motion, The honourable Member for Frame Lake, Ms. Bisaro.

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I give notice that on Wednesday, February 10, 2010, I will move the following motion: now therefore I move, seconded by the honourable Member for Weledeh, that the government develop an anti-poverty strategy for the Northwest Territories; and further, that the Premier initiate discussions towards this strategy in partnership with business, organizations and those living in poverty; and further, that the government and partners start by developing a definition of poverty; and further, that the anti-poverty strategy identify specific, measureable targets, with clear, cross-departmental mechanisms for coordination and integration of actions; and furthermore, that the government provide a comprehensive response to this motion within 120 days. Thank you, Mr. Speaker.

The Speaker

The Speaker Paul Delorey

Thank you, Ms. Bisaro, Item 17, notices of motion for first reading of bills, Item 18, motions. The honourable Member for Sahtu, Mr. Yakeleya.

Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Mr. Speaker,

WHEREAS caribou have been a source of food and a means of survival for aboriginal people of the NWT since time immemorial;

AND WHEREAS caribou herds migrate across jurisdictions and across international boundaries;

AND WHEREAS the Government of the Northwest Territories has scientific studies that show a decline in caribou herds and deem it an emergency measure under the conservation process to ban all hunting of the Bathurst caribou herd within a specified geographical area;

AND WHEREAS Dene Nation Resolutions #10/11-003 and #09/010-014 propose a means by which all parties can get back on track and be respectful of aboriginal culture and all Northerners by recognizing:

“the Dene will enter discussions and develop a long-term plan with the GNWT on a government-to-government basis to recognize both the inherent rights of the Dene to hunt and their inherent authority to design and implement solutions that will protect, preserve and ensure the survival of caribou for future generations.”;

AND WHEREAS aboriginal people have deemed the GNWT’s recent actions in this regard to be an infringement on their aboriginal rights and treaty rights to hunt for survival and ceremonial purposes;

NOW THEREFORE I MOVE, seconded by the honourable Member for Nahendeh, that the Government of the NWT set a place and date to have an emergency meeting with the aboriginal people of the NWT to consider their consultative process and come to an agreement regarding the caribou;

AND FURTHER, that the Government of the NWT look at alternative measures to resolve the issue.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Yakeleya. There’s a motion on the floor, The motion is in order, To the motion, The honourable Member for Sahtu, Mr. Yakeleya.

Norman Yakeleya

Norman Yakeleya Sahtu

Mr. Speaker, I raise this issue due to the number of people I’ve been talking to in my region around this area here in terms of the importance of aboriginal people having access to their food such as caribou.

Mr. Speaker, I’ve talked to many people who know why it’s very important for us to have this food for our survival. People have said that we’ve been surviving for thousands and thousands of years. Mr.

Speaker, actually, I read in a book called “The Alpine Hunters.” There was an ice patch study done in the Mackenzie Mountains that showed evidence from our elders and from scientific data, that there were hunters hunting caribou 5,000 years ago in the Mackenzie Mountains. There was evidence that came back through the scientific analysis of what was found in these ice patches.

Mr. Speaker, I say that the aboriginal people have always hunted for caribou. It’s in our blood. It’s in our life. As one of the elders in Colville Lake said, if you take the caribou away, you are destroying our way of life. You are destroying our life, he said. So, he said, you should not let this happen. We should be working on this issue how we can work together on this important animal here, Mr. Speaker.

Caribou don’t know which jurisdiction is which jurisdiction. They migrate. People in Colville Lake locate themselves right on the migration route of their caribou. So one of the questions I ask is how do we know if this is the Bathurst, Bluenose-East or Bluenose-West? When did we start labelling the caribou? We don’t know, Mr. Speaker.

One of the things that I wanted to say in terms of this motion here is I think we need to really strengthen the consultation process; meaningful consultation. This is why a lot of people are angry. A decision was done in the middle of some good discussions. I am not too sure if a meaningful consultation process was carried out.

The other point, Mr. Speaker, is the labelling of our herds. When did we start classifying this is the Bluenose-East and this is the Bluenose-West?

How do you know if it’s Ahiak, Bathurst, Beverly, Porcupine? We start labelling different caribou.

Mr. Speaker, this is not only about the Dene in this area. There are over 1,000 Inuit in Yellowknife. There are Metis in Yellowknife. This is an assault on the culture, on a way of life, on people. There are lots of aboriginal people in Yellowknife, lots in the Sahtu, in Yellowknife. That’s down the region here. This animal was brought up with us. It’s part of our life. It’s in our blood. Traditionally, elders have talked about this animal. There’s no argument from this side here to say yes, we need to look at it, because it shows that we need help.

I haven’t yet seen evidence in terms of the mining, what they have done to this herd. The calving ground is north of the mines. There are big diamond mines up there, three of them that pour billions and billions of dollars. Thousands and thousands of trucks that go up there to those diamond mines, six minutes apart at one time. That’s incredible that we have, in the name of the big dollar to support our economy. That is incredible. I wonder what those poor, poor animals are thinking. How they can survive up there with all that blasting, blowing up the rock, the ground, the vibrations that go across this land. It scares them.

What happened to all those herds in those years? One year they’re up to 1,000; next four or five years they’re down to a few hundred. So should we trust the government in terms it’s in their best interest?

Mr. Speaker, there were motions on this in terms of this issue here. The last point I want to say, Mr. Speaker, is that, yes, we do like food. Caribou has given itself to us. Elders teach us how to use it. But, really, the issue for me is about our culture, our way of life, our values and beliefs that caribou has given us. That’s what the issue is. It brings a lot of unresolved issues when you tell a nation of people you cannot do this, you cannot do that, we want you to do this. We have heard this for so many years in our communities. And all that they say is: how can they tell us we can’t hunt caribou? That’s what they’re telling us. They’re crazy to tell us we can’t hunt caribou. We should be working out a process.

Mr. Speaker, I bring this motion because the bigger picture is no matter who wins on this issue here, how are we going to continue building a relationship with our most important partner, the true people of this land, the aboriginal governments who own this land? How are we going to go forward on some big issues like devolution and resource revenue sharing? I think we’re going to have to restart. With this motion I hope it gives an opportunity for the government to look at this again, look at this issue again and look at the consultation process that was rolled out. I’m happy this motion is on the floor. I’ll allow other Members to speak on it. Thank you, Mr. Speaker.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Yakeleya. To the motion. I’ll go to the seconder of the motion, the honourable Member for Nahendeh, Mr. Menicoche.

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you very much, Mr. Speaker. I, of course, support this motion. I believe that we didn’t have to be here today. I still stand firm in the belief that had our leadership, our Premier, our Minister of ENR, attended the Dene national leadership meeting in Fort Simpson, we would have come a long way to resolving this issue. But because of the attention, or by the inattention of our government, we have to give it attention, Mr. Speaker.

For me it has always been critical, the fact that aboriginal people are not allowed to hunt. I respect the need for preservation and conservation, but, at the same time, Mr. Speaker, aboriginal people have the inherent right to hunt for food. In fact, our NWT Act says it loud and clear that nothing in the NWT Act, the ordinances, can be made to restrict and prohibit Indians and Inuit from hunting for food, Mr. Speaker. This is the case that we are here today. I believe that the Minister could have… There was a need for a ban. There was a need for a no-hunting zone, but there was no need to restrict aboriginal people from hunting.

I think the government and I think the Minister is wrong in this case. We’ve got precedents all across our great land of Canada, even with depleted species. Aboriginal people go to court and they win all the time, Mr. Speaker. It’s not because they want a wholesale slaughter and make animals extinct, Mr. Speaker, but there is an allowable harvest level that can be achieved for most herds or most species.

I believe that the Minister acted in haste. I don’t think he made the case to myself or to the aboriginal leadership that this is a case where this herd is extinct. In fact, thinking out loud, for myself, for some of the chiefs, I think that 25 caribou per community was something that even that bare minimum is something that the communities were looking at. That’s subsistence hunting, and that’s all the people asked for, Mr. Speaker.

Once again, I do not believe that our GNWT had the power to restrict or prohibit aboriginal people from hunting for food. However, it’s done. But I believe it can be undone, Mr. Speaker, to salvage whatever’s left of the winter hunting season. It’s not lifting the ban, but to allow aboriginal peoples to hunt there, Mr. Speaker. I think the fact that the media, our North has a lot of attention on this issue and the reason why my colleagues have been speaking about this issue over the past couple of weeks is because it’s a very dangerous precedent what the Minister of Environment and Natural Resources has done. It’s something I cannot support. I said it right off at the start and I think that this decision has to be reversed when it comes to First Nations people. The ban should stay. The no-hunting zone should stay. But what should not stay is the right to restrict aboriginal people from subsistence harvesting, Mr. Speaker.

The motion calls for us sitting down, coming to... With willingness we can work towards a solution. But I’m still upset, Mr. Speaker, that we didn’t have to be here today. It could have been done a couple weeks ago. At the same time, I really appreciate Mr. Yakeleya for moving the motion forward. I stand firmly behind that and I’ve got no problems seconding it. I’m really happy about the support that we’re getting from our colleagues for this motion, Mr. Speaker. Thank you very much.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Menicoche. To the motion. The honourable Member for Tu Nedhe, Mr. Beaulieu.

Tom Beaulieu

Tom Beaulieu Tu Nedhe

Thank you, Mr. Speaker. The issue of caribou, this issue about the Bathurst herd is a very tough issue. I heard from people in Lutselk’e and Fort Resolution. I recognize that the inability for them to go in and harvest within the Wekeezhii area has had a really significant impact. However, what impacts them is the right to do so. You have to balance, I guess, an issue of rights and whether or not that is going to be fought in this type

of arena, or an issue of declining herd that, according to science, tell us is a potential for extinction.

The way I view this is there is a need for consultation. I think there is a need for consultation of all aboriginal persons that are impacted by hunting if it is one person that comes down from the Beaufort-Delta and chooses to hunt this herd, then the fact that they are moving their rights to go into that area and hunt it has some impact.

I agree with the motion that a consultation should occur. I have had an opportunity to speak to some of the people that have been involved in the decision; some of the Tlicho citizens. The Tlicho citizens, it appears to me, have a mixed reaction to the ban. The reaction seems to be that the Tlicho people are saying we want to go get caribou for food. Some are saying this is the Minister within the GNWT that is trampling on their rights of aboriginal people to be able to harvest food for themselves which, because the barren-ground caribou are not endangered, therefore, at this point they are not endangered. That is because we don’t have our own legislation. At this point, they are not endangered. So there is an issue of their rights and the hunting. Also, the Tlicho people are actually saying this is our area. This is what we choose to do. We worked with the Minister of ENR to impose a ban in this area because we want to protect the caribou. That camp is saying that if we continue to hunt and harvest the caribou, then the caribou will be extinct and then this won’t be a topic of discussion in the future because there will be no caribou.

I believe that there should be a consultation. I believe that is what this motion indicates, that there is a need for consultation with all the stakeholders and not just people that are opposed to the ban but also for the people who are seeing this as a way to conserve the caribou herd. I support this motion for the fact that it is asking the GNWT, Environment and Natural Resources, to go back and sit down with aboriginal people and come up with a solution that allows maybe some subsistence hunting that is necessary. I don’t know how that is going to all roll out, because I don’t know how you make a case to do subsistence hunting. For example, I am a Treaty Indian. I wouldn’t be allowed to hunt under a subsistence law, I suppose, because I could always go to the store and buy meat. However, that discussion has to occur. I guess this motion is one way of giving the government and the aboriginal people who are impacted by this decision an opportunity to sit down and move to the next level and make a decision on whether or not there is going to be some hunting in the Wekeezhii area. Thank you, Mr. Speaker.