Thank you, Mr. Chairman. Again, I think that regardless of what the agreement looks like, we are basically at an area of contention where we have a large majority of the Aboriginal groups, especially throughout the Mackenzie Valley which is basically covered by Treaty 8 and Treaty 11 who have the most at stake. I think a lot of people’s concept of devolution is not simply transferring positions from Ottawa to the Northwest Territories and basically taking over government responsibilities.
Think from the Aboriginal perspective. They look at it differently. It is basically the lands and resources that have sustained them for thousands of years again being threatened by oil and gas development. I think, because of that, the Aboriginal groups have concern because they have seen what the effects can be regardless of whether it’s Norman Wells or the effect on caribou and the effect on their livelihoods. I think that because the connection between the Aboriginal people and the land is so close, without the land and the wildlife, the water, without any of those elements being in place, it affects who they are. I think that is the risk that the Aboriginal groups are concerned about, because they are not at the table and they are being excluded from having so-called rights that are being undermined by this process.
Mr. Chairman, I think it is important to realize that on page 5 of the Northern Accord agreement, clearly it was an Aboriginal rights section that clearly stipulated what is trying to be said. You can say it in one sense by saying you have all these rights, but the rights don’t mean anything unless you are at the table to ensure that you are protecting those rights, you are speaking up for the people, the land and the resources that are under your feet. Again, that is the problem. The problem is that those groups are not at the table. They are not being able to illustrate their issues at the table. By not allowing them that opportunity to partake and have that say prior to the signing of that agreement, that undermines the whole fundamental aspect of
having the agreement that abrogates and derogates from any of the provisions in regards to Aboriginal self-government agreements or treaty rights. There is a whole list of items that you can look at.
In a letter that was submitted to John Todd from Ron Irwin, it clearly illustrates that his concerns even back then that Treaty 8 and the Dehcho Tribal Council were basically being told they are not part of the process so they will just cut them out of the picture and they would deal with those other parts of the Northwest Territories. In the agreement, it is clearly stipulated that by excluding those areas from this application on the devolution agreement, we cannot support any proposal which would have an effect on the transfer of provincial-like authorities imparted to the Northwest Territories and I would, therefore, encourage you to continue discussions with Treaty 8 chiefs and the Dehcho in order to seek their support. This is a federal Minister that wrote this letter. I don’t know what the difference between Ron Irwin or the existing Minister, but those groups still have the right to be heard.
Again, if the Aboriginal groups of the Northwest Territories take us out of this devolution picture, do not apply devolution to our particular region which include the regions of Treaty 8, Treaty 11, this agreement will only apply to those groups that have signed on, which is the Inuvialuit and the Metis.
Again, the Metis do not have a land base. Again, the issue is going to come down to which particular area will this devolution agreement apply to. I think it is fundamental to any process that we do ensure that we integrate those areas regardless if it is a Treaty 8 area, Treaty 11 area, land claim areas, regardless if it is the Inuvialuit, the Gwich’in, the Sahtu, the Tlicho and the Dehcho in anything that you do. Those governments, regardless if it is a self-government with the Tlicho Government, those are government bodies just like we are here at the Legislative Assembly. They have jurisdiction over lands and resources and management authorities in those settlement regions. The powers we are looking at taking over are the same areas that they also have a legal responsibility to uphold either through the land claims settlements to settlement legislation, Section 35 of the Canadian Constitution. I think we have to be clear on this that simply ignoring the problem is not going to go away.
I think that we do as a Legislature, as a government, have a responsibility to basically practice what we say we are going to practice and acknowledge our relationship government to government to government. There are three levels of government in the Northwest Territories, not two. I think that we have to be cognizant of the whole idea that whatever agreement at the end of the day we come out with, it should be for the benefit of all people of the Northwest Territories, not just some
groups that say we will sign up at the expense or the backs of other regions where a lot of these impacts and developments are already taking place.
Again, I think that we do have an obligation not only under the Canadian Constitution, under the land claims agreements that we signed, and more importantly, we passed a motion in this House recognizing the United Nations declaration for Aboriginal peoples. It is clear and no speculation that indigenous people have a right to be heard, but more importantly, to be protected in any sort of government regardless if it is a consensus government in the Northwest Territories or a country in other parts of the world.
Again, I think it is critical or crucial that this government continuing to play hardball will not do anything to improve the situation. We have to allow this process to be heard through a separate table regardless if it’s arbitration in regard to finding an area where we can sit down and discuss issues whether we agree to disagree, but at least let’s start those talks. I think it’s important to realize the issues being raised by the Aboriginal government do have a basis of being concerned. They do have a fundamental responsibility to be challenged.
Mr. Speaker, when we see what happened to Aboriginal people just in the last couple of years on the caribou issue, it scares them. When you have a Minister of Environment unilaterally making the decisions saying sorry, the numbers are down, you can’t hunt, for them it questions the viability of a government to really take into consideration Aboriginal rights and issues that affect them.
So, again, all I ask is let’s find a table to sit at, sit down with the Aboriginal governments, find a way to work out this impasse that we’re under and find an arrangement at the end of the day. We all win and there won’t be any winners and losers in regard to where we go with this devolution agreement. Thank you.