This is page numbers 6185 - 6244 of the Hansard for the 16th Assembly, 5th 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 aboriginal.

Topics

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

February 27th, 2011

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chair. In regard to comments made by the Premier in regard to his opening remarks, and more importantly, the Department of Aboriginal Affairs. Again, I think the whole objective of the Aboriginal Affairs is to bring together our northern partners, especially the Aboriginal community and Aboriginal leadership and work with them to basically include them in our processes as government, not only from the Aboriginal claims perspective but the responsibilities we have as a government and as the Department of Aboriginal Affairs and Intergovernmental Relations, but I think sometimes we lose sight of the Aboriginal Affairs component of this department. I think that because we do now have constitutional obligations, regardless if it’s under Section 35 of the Canadian Constitution, the

land claims agreement that has been ratified and signed, but more importantly, the motion that we passed in this Legislative Assembly acknowledging the Government of Canada’s reluctance to sign in regard to the UN Declaration in recognition of the Aboriginal indigenous rights of people in the world, and now that agreement has finally been signed by Canada. I think, from what we’ve seen here in the Northwest Territories, that we are not really living up to the obligation and commitments that we make either by motions that are passed unanimously in this House or even obligations we have under the land claims agreements, which clearly stipulate that this government has a right to consult and not simply saying that we had a meeting 10 times with northern leaders, but it’s clearly spelled out in the land claim agreements in regards to what the definition of consultation is.

I think that through the federal courts have shown that it’s got to be meaningful and it’s got to allow for full participation in the whole consultative process and not simply bilateral by way of someone coming to you saying this is what I’m going to do, I consulted with you, and walk out of the room. This process has to be meaningful, and more importantly, live up to the obligations under the land claim agreements.

For the life of me, I couldn’t understand why the Department of Aboriginal Affairs did not catch on to the land claim agreements, especially in the area where it clearly stipulates that the government has, and it’s very spelled out in the agreement, it says they shall include the Aboriginal governments on any discussion on Northern Accord and devolution agreements.

In light of the groups that I represent, especially the Gwich’in, in regard to a letter that was given to the Premier which outlined six elements of concern in regard to the devolution agreement, and then it took the department in responding to that letter almost seven months from the time that you got the letter from the president of the Gwich’in Tribal Council, which was initiated by the Gwich’in Assembly, in which basically those elements, again, are still outstanding, and more importantly, probably could have made for a better agreement by way of the devolution agreement.

But again, Aboriginal Affairs has an obligation to ensure that we are on top of our obligations either under treaties, land claims rights, Canadian Constitution, Section 35, and more recently, the UN Declaration on the Rights of Indigenous Peoples. For me, I think maybe it’s time that the Department of Aboriginal Affairs took a course in regard to cultural awareness of Aboriginal cultures in the Northwest Territories, but more importantly, the areas and affects of national or international obligations that we have as government to protect not only the rights of indigenous people but ensure

that they are able to carry out their rightful place in the northern social and economic society. I think it’s important that we do a better job of inclusion and not basically consider the role of government to work with the groups that you can work with and most groups you can’t work, well, push them off the table. For me, that is totally unbecoming of a government, but more importantly, unbecoming of a department who has an obligation.

The other aspect, I know, for years, as long as I’ve been here, is that the affirmative action numbers in this department is appalling. Not one Aboriginal person is in senior management in this department. Last time we checked you had a receptionist who was an Aboriginal person and that’s about as close as you got to affirmative action, and yet you call yourselves Aboriginal Affairs. I think, if anything, maybe you should change the title and really reflect what you really are. Again, I think it’s more important that maybe we need a thorough review of exactly where should the Department of Aboriginal Affairs fit in light of an independent department, should it be consolidated under the Executive. I think that discussion should be had as part of the transitional document that we put forward in regard to the upcoming government in regard to the 17

th

Assembly.

Mr. Chair, I’ll leave it at that. Thank you.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Thank you, Mr. Krutko. Next on my list is Mr. Menicoche.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you very much, Mr. Chair. I just wanted to speak a little bit about some of the frustrations from the Dehcho First Nations in the Deh Cho. I guess one of the biggest frustrating things, well, actually, one of the other frustrating things that keep happening, like, devolution was something that they did not need at this time because they just have to dedicate extra resources to find their way around that. But I think the biggest thing and the barrier of the Dehcho First Nations moving forward right now is the subsurface rights that was released by the federal government on the Edehzhie. I think that anything that our government or this department can do in urging Indian Affairs to reconsider this would go a long way in goodwill towards the Dehcho First Nations. Perhaps I can get the Premier to explain a little bit about how he heard of it as well, because I think a general feeling is that they would have advised us first before they advised the Dehcho. Maybe I can get the Minister to explain that a bit in his reply.

As well, recently the Dehcho First Nation has asked about having a role in the new chief federal negotiator. I don’t know if they’ve got applications yet, but who that new person would be they would certainly like to have a role and if there’s any way this Minister can also influence the federal government in trying to address this concern.

Also, I’m very pleased that my riding of Nahendeh will have a role in the Western Premiers’ Meeting that’s going to happen this June. I’ll be pleased to help work on that and I think also I have spoken with the chief and he’s very excited. He sees his role as a host and as soon as we involve the LKFN in the planning and assisting in the planning, I think, the better. It’s quite exciting to have our western leaders and a huge opportunity as well to utilize it to the best of our ability.

Just quickly some quick opening comments there for the Minister, Mr. Chair. Thank you.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Thank you, Mr. Menicoche. Comments. Is committee agreed that we have concluded general comments?

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Okay, I will now go to Premier Roland for a response to the general comments.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. The role of Aboriginal Affairs and Intergovernmental Relations is one where we’re, in a sense, and I think the Member may have touched on this, but in a roundabout way we’re the face of our role when it comes to working with both Aboriginal governments and organizations, and with the federal government and with our provincial colleagues, with our communities, quite a gamut of things. In fact, we’ve now stretched ourselves to also deal with the federal government, Foreign Affairs, for example, on intergovernmental issues when it comes to Arctic Council and those areas.

The work that we have done, for example, some of the frustration that’s shared by some of the Members in the files we’ve worked on, it is not Aboriginal Affairs in a sense dictating to departments what has to be done, but through our mandates where we’ve gone through this in the time of this government and are coming forward with those mandates, renewed mandates, that sets the degree of negotiation that can happen, and I must say that we’ve been operating on some very old mandates. I’m glad to see we’re starting to bring those forward for renewal and I believe some of our Aboriginal partners will in fact like the results coming forward on that.

On the consultation piece, I must say that that is one where the Department of Aboriginal Affairs and Intergovernmental Relations became directly involved because of the many concerns we’ve heard about consultation and the different levels between departments. So we’ve got that work done and, in fact, working with the Department of Justice we have implemented the training modules. As I pointed out in my comments, we have identified or we have worked with 70 individuals all across the North in that package. The Department of Justice will be taking on the training modules and that part

of it as of April 1

st

on that side now that it’s been

identified and we have used court cases, we have used the land claims documents, we have used many resources that talk about Aboriginal rights and how they get defined, whether that is an agreement signed by governments or how the courts have added further clarification on that. So we have used that and that is what we continue to use. In fact, that applies to even the AIP process that we’ve undergone.

In fact, on the other side of it, implementation, we can show with records and minutes of meetings through implementation that from a GNWT side we’ve been honouring the intent of those discussions as well.

Within some of the frustrations I guess shared by Mr. Menicoche, we share very similar frustrations at times. The Edehzhie process was one of those where in fact the parties were informed the GNWT was supportive of the decision made by the federal government and we quickly reacted to that and in fact had their key staff person go back to the Dehcho and tell them that in fact that was not the case. In fact, we directed the Minister responsible to write a letter to the federal government and the Minister responsible to tell him that in fact we are absolutely not supportive. What we are supportive of was the existing process being extended until the final work that was done, because we felt that we were close to a decision point on Edehzhie and on that process felt that it should have been extended like many of the other agreements were. That’s what we continue to hold and support. In fact, I contacted the Dehcho grand chief, Mr. Gargan, on that.

On the chief negotiator process, we’re not involved in that. The federal government is key to that and we have no influence on that process of their selecting a chief negotiator.

On the western Premiers, I hope to, as I was saying in my opening comments, be able to showcase the North from around the North and our cultural events and try to get as much of our vast Territory in and highlight that to the western Premiers. I think probably even more importantly is the fact that we have the pen on the agenda to help get our subject matters on the table, a little more prominence of doing that. In fact, we’ll have a delegation team from there going in to Fort Simpson to meet with the chief and the mayor to go over some of the initial work that’s been happening on this.

I know there’s been many frustrations over the years on Aboriginal Affairs. For example, on our representation it’s highlighted, I guess I would put it this way, we’ve both been blessed and cursed. The fact that we’ve initiated some of the work that’s ongoing overall in the Government of the Northwest Territories, it was Aboriginal Affairs that first put in place setting up associate directors where we

would bring key P1 employees to the table to begin direct training in a number of areas so they could look at advancement. In fact, by doing that we’ve had some key individuals now move on and take roles, for example, we’ve had one of our key representatives go to Education, Culture and Employment. Our most recent person that we’ve brought on has now been scooped up by the Department of Environment and Natural Resources and these were key positions in moving forward. We were hoping that we’d be able to, I think we’ve set the example, in fact Human Resources adopted that associate director role and are now using that more government-wide. So in one hand we’ve done a good job, but on the fact of it when you look at it, it’s hard to show that advancement without going into the people who have come into our system who have stepped up and gone on to move to higher places in the government overall.Thank you, Mr. Chairman.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Thank you, Mr. Premier. Committee, are we agreed to proceed with detail on Aboriginal Affairs and Intergovernmental Relations?

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Consideration of detail begins on page 4-7, but it’s a summary page. So we’ll defer this until we’ve actually considered detail. So let’s turn to page 4-8. Committee agreed?

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Okay, 4-8, Aboriginal Affairs and Intergovernmental Relations, information item, infrastructure investment summary.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Moving along to 4-9, Aboriginal Affairs and Intergovernmental Relations, Mr. Krutko.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chair. Can we get a breakdown on all those positions based on P1s, P2s, senior management levels in regard to disabled and women in this department? So can I get a breakdown by affirmative action?

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Thank you, Mr. Krutko. Premier Roland.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. Out of total employees of 40, we have 13 that are P1, 14 that are P2 and the remainder are P3. The combined that would fit into our Affirmative Action Policy is 67 percent. We have no one self-identified as disabled.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

David Krutko

David Krutko Mackenzie Delta

Could you give us what levels they’re at regarding entry positions or middle management or senior management?

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Floyd Roland

Floyd Roland Inuvik Boot Lake

In directorate, for example, we have one at P2, one at P1, and both

are female. In policy and planning we have a number of P2s and a P1 in our system. Negotiations is where I think we’ve done a fair bit of work that we’ve stepped up at negotiator and chief negotiator positions where we have in negotiations one chief negotiator P1, we have a senior negotiator P1, another senior negotiator and four assistant negotiators P1s that we’re hoping to be able to move up as we’ve put this program in place. Implementation, same thing. We have three in P1 category and three in the P2 category. Intergovernmental relations we have one P1 and three P2 positions.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Thank you, Mr. Roland. Mr. Krutko? Alright. We’re on page 4-9, Aboriginal Affairs and Intergovernmental Relations, department summary, information item, active position summary.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Pages 4-10 and 4-11, Aboriginal Affairs and Intergovernmental Relations. Mr. Bromley.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Bob Bromley

Bob Bromley Weledeh

Thank you, Mr. Chairman. I just want to understand this department’s role in negotiations on devolution, such as the AIP. It was covered in the general remarks of the Premier under Executive. I’m assuming this department plays a big part in these negotiations. At least the information states they play a major role in all lands and resources negotiations. Could I just get that confirmed?

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Glen Abernethy

Thank you, Mr. Bromley. Mr. Roland.

Consideration in Committee of the Whole on Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. Earlier in Executive there is a devolution file that holds the resources. For example, hiring chief negotiators and assistant negotiators as well as supplementing some of our legal issues. Our role as Aboriginal Affairs and Intergovernmental Relations in the work, as the Member has highlighted, with our key role in many of the negotiations around the Northwest Territories is a key one. We have a committee of deputies that are involved in the devolution discussions and Ms. Sparling sits as part of that group and ensures that as we go through that work that, for example, the consultation framework that we have in place and our obligations under the land claims and the Constitution work are all followed and made sure that everybody is aware of the positions.