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.

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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

Mr. Chair, I would just like to make it clear for the record, it does not say shall be involved, it says shall involve. The “be” isn’t there. Again, I think that it’s pretty clear from a letter that was sent to the Premier as Minister of Aboriginal Affairs and Premier of the Northwest Territories which was April last year before the agreement was

even contemplated being signed off, which was five months prior to the signing. It clearly stipulated six areas of contention that they had in the devolution agreement. The Gwich’in claim is a comprehensive claim. The president, the board of directors cannot endorse anything until it’s endorsed at the Gwich’in assembly. They can’t remove any lands, they can’t open up any lands, they can’t make a decision unless it’s approved by the collective at the Assembly. A decision that was made previous by the previous leader knew before he could sign off on anything it had to receive that approval. This issue was discussed at the Gwich’in assembly before the letter was even submitted to the Premier. Again, that letter was never taken to the table to recognize those areas of contention.

It’s important to realize that the one clause you read in the agreement regarding the area of devolution included the understanding that the devolution process was contingent on the 1988 agreement signed between the federal government, the Government of the Northwest Territories and the Aboriginal groups regarding the Dene/Metis claim. You can’t have one without all those elements put together to come up with a devolution agreement that includes those elements so that people can negotiate and be involved fully. Simply because you received a letter from a group that they do not have the mandate or that they have a contention with an issue, that’s the whole area of negotiation and consultation.

I find it kind of odd that you will read one section but not realize the fundamental element of the land claim agreements are the surface rights resources section of those agreements that clearly illustrates that before any lands, resources or before any powers are transferred, that those elements have to be taken into consideration and built into those agreements and arrangements.

Again, I could sit here and argue all day with you, but that is the problem we are facing here today. The consultation aspect of how the Government of the Northwest Territories consulted by simply saying sorry, you’re not at the table, we’re not going to deal with you, yet you know what their issues are but you don’t take those issues to the table and try to resolve them or respond within a reasonable time frame and not wait seven months for a letter that would have made a difference in the devolution talks. It’s not only the Gwich’in who are saying that, but other Aboriginal groups, whether it’s the Tlicho or other regions are having the same aspects, yet it’s pretty clear from the groups that were signed and the information that was provided that they were fully involved in those tables and the other groups weren’t.

So we talk about a working relationship, collaboration and cooperation with regard to the implementation of those agreements, the elements

of those agreements, but you have to be clear as a department that you are implementing the obligations that you have under the different land claim agreements and carrying out those obligations that you have to involve those groups with regard to the devolution and Northern Accord process.

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. Minister 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

I agree with the Member; we could be here not only all night, but we could be here all year debating one word or two words. That’s how some folks have made a living on negotiations, decades of discussions and no decisions to move forward. We have looked at that. In fact, by signing the agreement we are bound to the terms. For example, under claims obligations, the Tlicho Agreement, an example, 222.5.1, “the Government of the Northwest Territories shall involve the Tlicho Government in the development and implementation of any northern accord on oil and gas development in the Northwest Territories, which is negotiated in accordance with the enabling agreement dated September 5, 1988, between the Government of Canada and the Government of the Northwest Territories, or any other agreement under which jurisdiction over minerals other than specified substances may be transferred from the Government of Canada to the Government of the Northwest Territories.” Yes, that language is in there and, in fact, by coming to the table, they could absolutely be involved.

But one point of correction, Mr. Chairman, the Member stated that only the groups that signed were directly involved and that is not a fact. The Member knows, because we provided documentation that every group was involved in one form or another right from 2001 to 2009 and they received funds, they hired staff, they hired lawyers, they hired negotiations and the last round of agreements, it was the Gwich’in that made it clear when there was re-engagement at the table last April, last January, that they did not want to be involved anymore. I hope that at some point as we work our way around this and we go forward, that there might be some avenue that they would accept coming forward on, but there are some key principles to shall involve, yes. Does it mean you have to agree? No. We have examples of that all across the North, all across the country of Canada. To be involved, yes, the door is open. Thank you.

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

I might as well use up my three minutes, I guess. Again, I think the federal government has an obligation here to the treaty obligations and also the fiduciary obligations with regard to their obligation to protect the rights and interest of the indigenous people and First Nations people of Canada under Section 35 of the Canadian Constitution. They also have the right to

consult the existing organizations and also the band councils, the band organizations, ensuring their rights and interests are being protected. That is the issue that has to be resolved somewhere and probably it will end up in the courts. Is this government willing to go to court to have this issue settled? If it goes to court, does that mean that all discussions on the devolution process ends until the court case is settled through the Supreme Court or the Federal Court of Appeal, whichever route it goes? Has the government taken that into consideration that the legal costs associated with this government playing hardball knowing the legal ramifications of this agreement put in question under a federal court challenge? 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. That sounds like a little bit of a hypothetical question, but I’ll go to the Premier for his thoughts on the question.

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

Mr. Chairman, the decision to sign the agreement-in-principle was brought forward to Cabinet, was brought forward to Members of this Assembly. The facts were put on the table. Knowing that there would be concerns raised about going forward on an agreement-in-principle, knowing there was the potential for litigation, we took all precautions to ensure we did our work right. By signing that agreement, I believe in the work that has been done. I believe we have covered our bases. I believe in the issue of bringing Northerners the authority to make decisions over development and to benefit from that development. I believe in it so much that I signed the agreement with the acceptance of the Members of this Legislative Assembly. I believe that by doing this and having the door open to leadership to join and by extending again an arm and a hand to help fund a process to understand the agreement-in-principle, we have once again shown that we want to be inclusive. I believe what we have done is in the best interest of Northerners and that we have covered our bases and that we have done our work diligently. 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, Premier Roland. We are on page 4-19, 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

Mr. Chairman, just in case the media picks up on the Premier’s comments that he had full support of the Members here in the House, that is not true. I think he knows that. Unless you put it to a vote on the floor and see who is for and against, then you might get that assumption. I, for one, did not support this devolution agreement and I would like to put it on public record. I believe that this government basically did not include the Aboriginal groups involved, but more importantly, he may put us in a fiscal problem in the future by signing an agreement with a cap on it which has major financial implications in future years in light of

the developments that have taken place. I just want to make sure for the public record that whoever is listening out there, that the motion that was supported by this House, we never even had a chance to vote on it in this House. The other issue is that it was the Cabinet that approved the signing. Maybe just to clarify your comment, who gave you approval to sign? 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. Minister 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

Mr. Chairman, I think the Member, if he looks at Hansard tomorrow, will see I did not use the word full support. I talked about support of this Assembly. Now, yes, as is laid out clearly in policy, any Minister to sign an agreement with any government whether it is a provincial, federal, needs approval of Cabinet. We followed that process, but not without talking to Members of the Legislative Assembly. That wasn’t in this forum, but no one in this Assembly can say they were not informed of the process. Thank you.

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

Again, just for clarification, I believe he said he got the support of the House. So maybe he can clarify what he meant by “the House.” Is that the upper House or the lower House?

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

Well, the Member has been a Member for almost 16 years. He knows there is only one House in this Legislative Assembly. So for me to correct him with his experience here in the Legislative Assembly... As I pointed out in my last response, Cabinet gave me the authority to sign but not without having informed Members of the Legislative Assembly and all Members were aware of that. Yes, it is not unanimous, but in the interest of moving forward, we weighed all the considerations and the information before us and the decision was made on that basis. 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, Premier Roland. We are on page 4-19, Aboriginal Affairs and Intergovernmental Relations, activity summary, implementation, operations expenditure summary, $664,000.

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

Mr. Krutko, you raised your hand. Were you wanting to speak to page 4-19?

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

I would like to know what the number is under contract services.

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. We are still on page 4-19 and it is contract services, $10,000. He wants to know the details. Mr. Premier.

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

That is miscellaneous equipment; for example, copiers. 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, Premier Roland. Are there any further questions, Mr.

Krutko? We are on page 4-19, Aboriginal Affairs and Intergovernmental Relations, activity summary, implementation, operations expenditure summary, $664,000.

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

We are moving on to page 4-20, Aboriginal Affairs and Intergovernmental Relations, information item, implementation, active positions.

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

We are moving along to 4-23. Mr. Krutko.

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

Mr. Chairman, in regards to contract services, $145,000, could I get a breakdown of that?

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. Minister Roland.