This is page numbers 6245 - 6300 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 agreed.

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David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Speaker. Alienating the members of Treaty 8 and Treaty 11 from the signing of the devolution agreement undermines the fundamental basis of treaty rights in the Northwest Territories with treaty Indians.

The majority of the lands in the Northwest Territories are covered by two treaties: Treaty 8 and Treaty 11. In 1898 Treaty 8 was signed in the southern part of the Northwest Territories. In 1921 Treaty 11 was signed in the northern part of the Northwest Territories, which goes all the way to the Arctic Ocean.

In 1973 the Dene Nation led a court challenge, better known as the Paulette Case, which clearly defined that the Dene did not extinguish their rights under Treaty 8 and Treaty 11 to lands and resources. It clearly defined that they do have fundamental rights to lands and resources throughout Treaty 8 and throughout Treaty 11. There was also the Calder case in B.C. with regard to the Nisga’a which clearly defined that there has to be a comprehensive claims process to allow for those rights to be negotiated and defined.

Under the Dene/Metis claim, which took place during the ‘70s and ‘80s which clearly illustrated and identified the rights to lands resources, the management of land, water and resources, and also the fundamental rights in regard hunting, fishing and gathering. The Government of the Northwest Territories are not honouring their obligations under the modern day treaties or Treaty 11 and Treaty 8 with regard to the fundamental rights of indigenous people that are protected under Section 35 of the Canadian Constitution and also recognized under the UN Declaration for Indigenous Peoples.

That is the problem I see with devolution. You do not have the Dene people signed onto that agreement which affects treaty lands, Treaty 8, Treaty 11. The groups that have signed on do not have treaties. For me, that is the issue. The fundamental treaty rights of these indigenous people who are indigenous to the Mackenzie Valley which encompasses the largest portion of the Northwest Territories and who is going to be

affected by this devolution agreement is being undermined by the government and is not fulfilling its obligations and ensuring that they will be full participants and that this shall be included in all negotiations that affect them.

I will have questions for the Minister of Finance later.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Krutko. The honourable Member for Yellowknife Centre, Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Speaker. Today I’d like to talk about the GNWT’s Waste Reduction and Recovery Program expansion. This program has been part of Managing This Land Strategic Initiative to meet the 16

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Assembly’s goals on

sustainable environment. This is a program I support.

One month ago the government implemented the second phase of its Single-Use Retail Bag Program. This program applies not only to grocery stores but also to all retail stores in the Northwest Territories. Therefore, outside of a few prescribed examples, every bag will now be charged a 25 cent environmental fee.

The purpose of this program is very clear: it’s designed to discourage the use of needless bags. I support that principle. It makes a lot of sense. Clearly it will divert plastic bags from our landfill sites and reduce litter and waste on our land. Clearly it’s a good principle that I think we all stand behind. With this good principle, we should hope that this will reduce landfill costs and create revenue which will help bolster the GNWT’s Environmental Fund. It’s a fund I support that has good initiatives.

I’m hopeful that this summer, as well, we’ll certainly see a reduction of plastic bags flying around our community and certainly stuck in the trees and bushes. A side benefit that’s not accounted for, but will certainly be seen.

While these are well and good intentions for this program, I’m being asked by many why this levy applies to paper bags. This is a surprise to many of my constituents out there who were concerned that the 25 cent levy is applied to paper bags. Paper bags are both recyclable and biodegradable. Anyone who has a woodstove out there will certainly tell you they’re great for starting fires. What is the point of having a levy on such a product that is recyclable and biodegradable? The big question now becomes, is it just simply a bag tax or is it an environmental fee.

These products are going just a little too far for what people are wondering why the government penalizes them on what is considered a good bag.

Mr. Speaker, I will have questions for the Minister of Environment about the thoughts as to why they approached this matter in this way. Paper bags are environmentally friendly, they are biodegradable, and they’re certainly achieving good land stewardship, which I wholeheartedly believe in. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Hawkins. Item 4, returns to oral questions. Item 5, recognition of visitors in the gallery. The honourable Member for Yellowknife Centre, Mr. Hawkins.

Recognition of Visitors in the Gallery
Recognition of Visitors in the Gallery

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Speaker. I have a number of people that I’d like to recognize today. The first person I’d like to recognize is Chris Bassi. He’s in the front here. He’s a retired bridge engineer and, of course, he retired to Yellowknife where his daughter Sheila Bassi-Kellett works, as we all know. As well in the gallery, I’d like to recognize a constituent as well as a neighbour, Didier Bourgois, and he has, I believe, his cousin here from Paris, and her name is Dr. Elizabeth Dey. May I welcome her. The last person I’d like to make note, Mr. Speaker, while I have the floor, is I’d also like to acknowledge in the gallery our retiring or outgoing Sheila Fraser, who is our Auditor General. She is a giant among her peers and my wife happens to be her biggest fan. She will be dearly missed. Thank you.

Recognition of Visitors in the Gallery
Recognition of Visitors in the Gallery

The Speaker

The Speaker Paul Delorey

The honourable Member for Great Slave, Mr. Abernethy.

Recognition of Visitors in the Gallery
Recognition of Visitors in the Gallery

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Speaker. I’d like to recognize two constituents of the Great Slave riding: Mr. Mark Bogan and Mrs. Theresa Crane. Welcome to the gallery.

Recognition of Visitors in the Gallery
Recognition of Visitors in the Gallery

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Abernethy. The honourable Member for Nunakput, Mr. Jacobson.

Recognition of Visitors in the Gallery
Recognition of Visitors in the Gallery

Jackie Jacobson

Jackie Jacobson Nunakput

Thank you, Mr. Speaker. I’d like to welcome Mr. Tony Whitford again, a past Member. I’d like to welcome Tony. It’s always good to see you. And Ms. Sheila Fraser and her staff Andrew Lennox. Good to see you, Andrew. The most important person in the building for me today is my wife, Jenny. She’s up...(inaudible)...and back home. She just flew down from a five-day blizzard so it’s good to have her in the House today watching us work. Thank you.

Recognition of Visitors in the Gallery
Recognition of Visitors in the Gallery

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Jacobson. The honourable Member for Kam Lake, Mr. Ramsay.

Recognition of Visitors in the Gallery
Recognition of Visitors in the Gallery

David Ramsay

David Ramsay Kam Lake

Thank you, Mr. Speaker. I’d like to recognize one of my favourite constituents, Ms. Joy Watt, who’s in the audience this afternoon. As well,

I’d like to recognize the former Commissioner, former Member for Kam Lake as well, Mr. Tony Whitford. As well, of course, the Auditor General, Ms. Sheila Fraser, and her staff as well. I’d like to welcome them and everyone that’s in the gallery today. Thank you.

Recognition of Visitors in the Gallery
Recognition of Visitors in the Gallery

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Ramsay. If we’ve missed anyone in the gallery today, welcome to the Chamber. We hope you’re enjoying the proceedings. It’s always nice to have an audience in here.

Item 6, acknowledgements. Item 7, oral questions. The honourable Member for Frame Lake, Ms. Bisaro.

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Mr. Speaker. My questions today are addressed to the Minister for Executive, and it’s quite convenient because he also happens to be the Premier and my questions go across several departments.

I mentioned in my Member’s statement that I think that there still is a need for an ombudsman office. I also mentioned that I have heard from another Minister that apparently they are working in conjunction with the Executive to consider options for an ombudsman office. I’d like to know from the Minister for Executive what action has his department taken in the last year with regard to the establishment of an ombudsman office. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Ms. Bisaro. The honourable Premier, Mr. Roland.

Floyd Roland

Floyd Roland Premier

Thank you, Mr. Speaker. The Department of Executive has worked with the Minister of Justice and his department in this area and looked at jurisdictions across this country as to where an office may be situated, an office of the ombudsman. The research shows that for a position of that nature needing to be arm’s length from government and not tied to a particular ministry, most jurisdictions have that position tied to their Assembly. Thank you.

Wendy Bisaro

Wendy Bisaro Frame Lake

Thanks to the Premier for those remarks. I didn’t really get any idea of whether or not there’s been any action over there, but I’d like to ask the Minister if he can explain to me and to this House just what priority an ombudsman office has in this government’s total priorities. Is there any hope that it might soon be on the radar? Thank you.

Floyd Roland

Floyd Roland Premier

As I was trying to say, in the research that was done, a position of that nature is not put in place by the government in the sense of the Cabinet. It is put in, in this case it

would be through the Assembly and the Board of Management, is my understanding. Thank you.

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you to the Premier. I now understand where he was going. Not in my backyard, I guess. I’d like to know from the Minister whether or not the issue of an ombudsman office is far enough to the forefront of this government that it might be included in transition documents to take us from the 16

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Assembly to the 17

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. Thank you.

Floyd Roland

Floyd Roland Premier

The government, at this time with the existing arrangement, we have one seat on the Board of Management and, I don’t know; we’d have to sit down and talk with members of the board to see if, in fact, it is on their agenda. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Roland. Your final supplementary, Ms. Bisaro.

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Mr. Speaker. I’m not too sure what I can ask at this point. I have no question, Mr. Speaker.

The Speaker

The Speaker Paul Delorey

Thank you, Ms. Bisaro. The honourable Member for Mackenzie Delta, Mr. Krutko.

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Speaker. My question is directed to the Deputy Premier, Mr. Miltenberger, in regard to my comments in regard to the alienating of the treaty and the people in the Northwest Territories which make up the Treaty 8 and Treaty 11 and includes the majority of the Mackenzie Valley in the Northwest Territories. In light of that, we do have some obligations.

I’d like to ask the Deputy Premier exactly what are we doing to mend the fences to accommodate the treaty people in the Northwest Territories who basically have fundamental rights under Treaty 8, Treaty 11 and the modern day treaties and also in Section 35 of the Canadian Constitution.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Krutko. The honourable Premier, Mr. Roland.

Floyd Roland

Floyd Roland Premier

Thank you, Mr. Speaker. As this question is directed, if I was not able to do the job then we would obviously go to the Deputy Premier in this case. As Premier I take direction from the Cabinet and Members of the Assembly in much of the work we do. In this area, the Member has raised a number of concerns and issues around the devolution agreement. As the devolution agreement is spelled out clearly, we look at the constitutional protection and rights of Aboriginal peoples throughout the Northwest Territories and that’s been incorporated. As for reaching out and looking towards working with the groups towards signing and joining us as we go down this path of negotiations, that door is open and we’re, as I have

pointed out in the review of Executive budget yesterday, that we would have to this Assembly in a supplementary appropriation to ask for additional resources and we’re prepared to do that once we have a framework and a budget put out. Thank you.