Thank you, Mr. Chair. I did have issue with regard to the need for the abrogation and derogation clause. I think it’s important to realize that this type of legislation does have an overarching effect on land claim agreements. Lands have been designated for Indian branch lands or IAB lands, better known.
We have reserves in the Northwest Territories. We also have claims that have lands within the specific boundaries that were negotiated in comprehensive claims which are called municipal lands within the confines of municipalities. I think, as we have learned, it’s very difficult to try to imply or basically build a house in the Northwest Territories when it comes to IAB lands or, for that matter, block land transfers in communities to either expand your boundaries which will encroach on land claims lands adjacent to communities or along the boundaries of communities regardless if it’s in the Inuvialuit Settlement Region, 7(1)(a), 7(1)(b) lands, or rural and hinterlands in the land claim areas.
Mr. Chair, I think it’s imperative that we do realize that this legislation will have a direct effect on the land claim agreements, the Indian branch lands in those municipalities and the status that they flow through, through the Indian Affairs branch in Ottawa. We’ve realized through self-government and land claim arrangements that are in place, the Aboriginal people will have land management authorities within those municipalities and the lands they will use for self-government reasons. You can’t be short-sighted to assume we will put this in another act later on.
We are discussing the Wildlife Act in this House, hopefully in the next couple of days. In there, there is also an abrogation and derogation clause. Several other pieces of legislation have come through this House with abrogation and derogation clauses. So the reason that the Minister has given is not comforting to me, the people I represent or the claimant groups in the Northwest Territories. I think it’s very important that we ensure the legislation we pass through this House does recognize the constitutionality of Section 35 with regard to land claims, treaty rights, and Aboriginal rights in Canada.
As a Legislature, we have that obligation and we must ensure that that is implied in whatever legislation we put forward.
Mr. Speaker, I know we gave the Minister the opportunity and the benefit of the doubt to consider such an amendment in the drafting of this legislation and by going clause by clause, but it was refused by Cabinet. I will be requesting that we reinstate that wording at some point.
I would just like to ask the Minister, for the sake of time and consideration, that you do take into consideration all these elements that I’ve raised and mentioned regarding the land claims agreements, municipal lands in communities, IAB lands and a requirement for those lands in communities, if anything happens you have to have a band council resolution which has to be agreed to by the band council to have any activities take place on those lands. Also, that those lands are held with special types of protection under the treaties and under the Indian treaties and under the Indian Act in Ottawa.
I would just like to know why it is that you have not taken those considerations into effect when we decide to pass this legislation.