This is page numbers 3805 – 3850 of the Hansard for the 17th 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 health.

Topics

The House met at 10:00 a.m.

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Prayer
Prayer

The Speaker Jackie Jacobson

Good morning, colleagues.

Speaker’s Ruling
Prayer

The Speaker Jackie Jacobson

Colleagues, I will now give my ruling on the point of order raised by Mr. Hawkins on February 17, 2014, respecting comments made by Premier McLeod on February 13, 2014, in speaking to an earlier point of order.

Premier McLeod stated, on page 4 of the unedited Hansard for February 13th in reference to Mr.

Hawkins, “…the Member has acknowledged the breach and he’s now trying to use process to not withdraw his remarks.”

In speaking to his point of order, Mr. Hawkins, at page 1 of the unedited Hansard for February 17th ,

stated that he was “personally offended by the Premier’s comments were an attempt to put words into my mouth which I did not say.” He also stated his concern that the Premier violated Rule 23(i) by imputing false or hidden motives to him with respect to his use of procedural arguments in response to the point of order.

Colleagues, I am not going to make a determination of whether the Premier mischaracterized Mr. Hawkins’ comments on February 13th . Every day in

this House I hear Members on both sides paraphrasing and interpreting each other’s remarks during the course of debate. I am sure that the accuracy of those interpretations could often be called into question. If there was any doubt about Mr. Hawkins’ intended meaning after the February 13th exchange, Mr. Hawkins has since clarified his

comments on the record in raising his point of order.

Mr. Hawkins did make some procedural arguments in speaking to the point of order, as is his right. I do not find that the Premier violated Rule 23(i) by sharing his observations on comments made by Mr. Hawkins. I do not find that the Premier was imputing false or hidden motives to Mr. Hawkins.

There is no point of order.

I would, however, take this opportunity to make Members on both sides of the House aware that in considering points of order, I find it most helpful when your comments clearly outline your own views rather than critiquing those of others. I would ask you to keep that in mind as we conduct our affairs in this Chamber in a respectful fashion, on behalf of our constituents.

Speaker’s Ruling
Prayer

The Speaker Jackie Jacobson

Colleagues, I will now also provide my ruling on the point of order raised by Mr. Miltenberger on Thursday, February 13, 2014, regarding comments made by Mr. Hawkins the previous day.

The question of whether a point of order has been raised at the earliest opportunity is decided on a case-by-case basis. In this instance, I find that it was reasonable for Minister Miltenberger to wait to consult the unedited Hansard prior to making his point of order, and that the point of order was, therefore, raised at the earliest opportunity. There are many precedents for this finding.

Minister Miltenberger’s point of order, at page 2 of the unedited Hansard for February 13th , is that in

his comments on February 12th Mr. Hawkins

“clearly accused deputy ministers of deliberate criminal behaviour.”

Freedom of speech in debates and proceedings is one of the cornerstones of parliamentary privilege. It is there to ensure that Members have the liberty to speak in this Chamber without, for example, the threat of being subject to legal proceedings under defamation laws. However, with that privilege comes a responsibility to govern ourselves in a way that befits the dignity of this House and respects the rights of others who do not have a direct voice in our proceedings.

This view is consistent with the rulings of Speaker Gargan and Speaker Delorey quoted by Mr. Miltenberger in speaking to his point of order. As stated in O’Brien and Bosc’s House of Commons Procedure and Practice at page 617: “Members have a responsibility to protect the innocent, not only from outright slander, but from any slur directly or indirectly implied.”

In speaking to the point of order, Mr. Hawkins quoted Beauchesne’s Parliamentary Rules and Forms at paragraph 75. I would draw your attention,

colleagues, to paragraph 77 of the same text, which states: “Freedom of speech does not mean that Members have an unlimited or unrestrained right to speak on every issue. The rules of the House impose limits on the participation of Members and it is the duty of the Speaker to restrain those who abuse the rules.”

Colleagues, parliamentary immunity was never intended to serve as a wall Members can hide behind to hurl insults and accusations at persons who are not Members of this House and cannot reply in their own defence. To use our freedom of speech in this way violates both common courtesy and the rules of this House.

In reference to deputy ministers, Mr. Hawkins stated, at page 18 of the unedited Hansard from February 12th , “My view is they are actually

breaking direction laid out by the Legislature. In essence, it’s tantamount, in my view, of breaking the law.” He later stated, “I’d like to ask what the Finance Minister is going to do if we know that deputy ministers are signing off human resources money that is designated, protected and passed in this Legislature by a duly elected body when they go behind the scenes and re-appropriate the money for their pet projects.”

The category of “deputy ministers” refers to a small, easily identifiable group of individuals. Mr. Hawkins clearly called the personal integrity of these individuals into question by suggesting they have broken the law and re-appropriated money for “pet projects.” Mr. Hawkins’ use of the phrase “in my view” may make his allegations slightly less direct, but does not lessen their impact or significance.

There is a point of order. I will now ask Mr. Hawkins to withdraw his remarks and apologize to the House. Mr. Hawkins.

Speaker’s Ruling
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Robert Hawkins Yellowknife Centre

Mr. Speaker, I cannot compromise and I must hold fast to my principles based on my passion and belief. I am…

Speaker’s Ruling
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The Speaker Jackie Jacobson

I’m asking you to apologize to the House. I’m not going to be listening to what you have in your hand. Apologize and withdraw your remarks. Mr. Hawkins.

Speaker’s Ruling
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Robert Hawkins Yellowknife Centre

I’m fighting for the fair and honest opportunities for Northerners, Mr. Speaker, and because of the real situation of the scandal is my perspective…

Speaker’s Ruling
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The Speaker Jackie Jacobson

Mr. Hawkins, I draw your attention to Rule 25(3) of this Assembly, which states, ”A Member be named by the Speaker for disregarding the authority of the Chair…” and Rule 25(4), which states, “A Member named under Rule 25(2) or (3) shall be suspended from the Assembly for the remainder of the sitting day. A motion without notice may be moved to increase the length of suspension of the named Member and shall be decided without amendment or debate.”

Mr. Hawkins, do you understand the consequences by not withdrawing your remarks as instructed? I will ask you again; do you wish to withdraw your remarks? Yes or no.

Speaker’s Ruling
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Robert Hawkins Yellowknife Centre

Mr. Speaker, I feel that this is a distraction and, as such, I cannot withdraw my remarks to my earlier comments because I felt they were made with honest intention.

Speaker’s Ruling
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The Speaker Jackie Jacobson

In that case, Mr. Hawkins, in accordance to Rule 25(4), I must suspend you from this Assembly for the remainder of the sitting day and I ask you to leave the House.

Item 2, Ministers’ statements. The honourable Premier, Mr. McLeod.

Minister's Statement 33-17(5): Milestones Achieved At Aboriginal Rights Negotiations
Ministers’ Statements

Bob McLeod Yellowknife South

Mr. Speaker, concluding land, resources and self-government agreements is an essential element of the political evolution of the Northwest Territories and the foundation for our future economic and political stability.

The Government of the Northwest Territories is an active party to these negotiations as we support the settlement of all outstanding Aboriginal rights in the Northwest Territories. We know, from experience, that those who have settled agreements have the necessary tools to fully participate in the Northwest Territories and Canadian economies, to strengthen their communities and to create new business, investment and job opportunities. Strong relationships with Aboriginal governments are a priority for the 17th Assembly and a key part of

building a strong, sustainable future for our territory.

Thirty years ago this June, the Inuvialuit Final Agreement became the first comprehensive land claim agreement settled in the Northwest Territories. This milestone was followed by the Gwich’in Comprehensive Land Claim Agreement, the Sahtu Dene and Metis Comprehensive Land Claim Agreement, the Tlicho Agreement and the Salt River First Nation Treaty Settlement Agreement. Collectively, these agreements have resulted in almost 200,000 square kilometres of land under direct Aboriginal ownership and financial settlements from Canada in excess of $650 million.

Today Aboriginal rights negotiations, including self-government, are underway in all regions of the Northwest Territories as we continue along the journey of shaping the framework for land and resource management and the future governance structure of communities and regions for decades to come. With several sets of negotiations nearing critical milestones, we are seeing firsthand how

partners working together can achieve significant results.

This includes the conclusion of a draft Deline Final Self-Government Agreement that was initialed by the parties this past December. The final agreement contains a wide range of powers that will give the Sahtu Dene and Metis of Deline more control over the decisions that affect their day-to-day lives, including how programs and services will be delivered. The Deline ratification vote is planned for March 10 to 12, 2014, in Deline and Yellowknife. When ratified, the Deline Self-Government Agreement would become the first self-government agreement to be negotiated in the Northwest Territories on a community basis.

Last week I had the pleasure of adding my signature to the Acho Dene Koe First Nation Agreement-in-Principle on a land and resources agreement on behalf of the Government of the Northwest Territories. When signed by all parties, negotiations will continue toward a final agreement that, once complete, will become the first community-based land and resources agreement in the Northwest Territories.

Our negotiators have also recently concluded a draft agreement-in-principle on self-government with the Inuvialuit and are close to finalizing an agreement-in-principle on land and resources with the Northwest Territory Metis Nation. Consultations with potentially affected Aboriginal governments are being conducted on both draft agreements. Once consultations are complete and the agreements are finalized by the parties, final agreement negotiations will begin.

Mr. Speaker, in addition to these significant milestones, I am pleased to report that we are continuing to see progress at all other Aboriginal rights negotiations throughout our territory.

I believe that partnership and mutual respect is the key to success. This is how we do things in the North and this is how we will continue to do things. This territory is built on partnerships and collaboration, and the Government of the Northwest Territories will continue to work effectively with its federal and Aboriginal partners to finalize and implement land, resources and self-government agreements in all regions of the Northwest Territories. Thank you, Mr. Speaker.

Minister's Statement 33-17(5): Milestones Achieved At Aboriginal Rights Negotiations
Ministers’ Statements

The Speaker Jackie Jacobson

Thank you, Mr. McLeod. The honourable Minister of Education, Culture and Employment, Mr. Lafferty.

Minister's Statement 34-17(5): A New Approach – Preserving And Revitalizing Aboriginal Languages And Culture
Ministers’ Statements

Jackson Lafferty Monfwi

Mr. Speaker, the Department of Education, Culture and Employment

is working with our Aboriginal government partners on a new approach to strengthen Aboriginal languages.

As you know, this government has sponsored two Aboriginal languages symposia. We meet regularly with Aboriginal leaders and their delegates. We have excellent ongoing relationships with language coordinators and elders. We have heard from all of them that Aboriginal governments and their language communities are best placed to deliver programs aimed at revitalizing their languages.

Mr. Speaker, in recognition of this, I am pleased to announce that beginning in April, this government will be providing a total of almost $3.5 million dollars to regional Aboriginal governments, based on their individual five-year language plans and budgets they have submitted to us. This will enable each of them to fund their regional plans they have drafted for their language communities. Further, Mr. Speaker, this will be three-year block funding, something Aboriginal governments have been requesting for some time.

As well, being mindful of the public purse and without jeopardizing full accountability requirements, we are cutting the red tape around reporting. We will ask for reporting annually, not quarterly, and a staff member will work personally with Aboriginal governments to assist with their reporting as required.

Mr. Speaker, the work Aboriginal governments are planning to carry out over the next five years is impressive. It includes a range of well-thought-out, practical activities to strengthen Aboriginal languages and create more language speakers over the coming years. Plans include both traditional learning and the adoption of new technology; they include emphasis on the overlapping nature of culture and language; and, Mr. Speaker, they provide job opportunities for local people through the hiring of regional language coordinators.

Mr. Speaker, Aboriginal governments have indicated they are very pleased with this approach and welcome this new partnership with the GNWT. We believe it is only by working closely and cooperatively with our Aboriginal government partners that our territory will blossom and grow. I look forward to reporting on the success of this approach in the future.

As March is nearly upon us, I wish everyone a happy Aboriginal Languages Month. Please take this special chance to use, learn or share your language. Mahsi, Mr. Speaker.

Minister's Statement 34-17(5): A New Approach – Preserving And Revitalizing Aboriginal Languages And Culture
Ministers’ Statements

The Speaker Jackie Jacobson

Thank you, Mr. Lafferty. Item 3, Members’ statements. The honourable Member for Deh Cho, Mr. Nadli.