This is page numbers 6187 - 6288 of the Hansard for the 18th Assembly, 3rd 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 public.

Topics

Some Hon. Members

Question.

The Chair

The Chair R.J. Simpson

Question has been called. All those in favour? All those opposed? The motion is carried.

---Carried

Thank you, committee. To clause 1 as amended. Does committee agree? Mr. Thompson.

Shane Thompson

Shane Thompson Nahendeh

Thank you. Can I get clarification from the law clerk on where land claims where the settlement is not done would be fitting into this? Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Madam Law Clerk.

Law Clerk

Thank you, Mr. Chair. The definition of settlement area in this motion would allow for those claims to be included through regulations that would be adopted under the act. You can see that in sub (e) of the definition of settlement area, which allows for other areas prescribed as settlement areas. Prescribed is lawyer's language for "by regulation."

The Chair

The Chair R.J. Simpson

Thank you, Madam Law Clerk. Anything further, Mr. Thompson?

Shane Thompson

Shane Thompson Nahendeh

Just to clarify, when it gets to regulations, then they can bring it forward to make an amendment to this act to include those prescribed areas that we were talking about? Thank you.

The Chair

The Chair R.J. Simpson

Thank you. Madam Law Clerk.

Law Clerk

Thank you very much, Mr. Chairman. An amendment would not be necessary, as the settlement areas could be added by regulation, and that would have the same effect as if they were listed in this legislation. However, if he thought it would be more helpful to have a complete list right in the act, the Minister could also choose to amend the act at the appropriate time to include any future land claim settlements.

The Chair

The Chair R.J. Simpson

I will note that, as we are discussing clause 1 as amended, you can direct questions to the witnesses, meaning the Minister. Mr. Thompson, anything further?

Shane Thompson

Shane Thompson Nahendeh

No. Thank you, Mr. Chair. We've clarified what I was trying to understand. Thank you.

The Chair

The Chair R.J. Simpson

Thank you. To clause 1 as amended. Mr. Nadli.

Michael Nadli

Michael Nadli Deh Cho

Thank you, Mr. Chair. I would like to seek clarity from the law clerk as well. Just an observation, fundamentally, I think it goes to the heart of this proposed legislation that there is distinction between settlement areas and areas that don't have a land claim that could be perhaps referred to as regions or treaty areas. My question is: would settlement areas also mean treaty areas? Thank you.

The Chair

The Chair R.J. Simpson

Thank you. Madam Law Clerk.

Law Clerk

Not as the definition is current set out, Mr. Chair. The definition includes the four claims that are set forth in (a) to (d), and then anything else that might be added by regulation. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Mr. Nadli.

Michael Nadli

Michael Nadli Deh Cho

Thank you, Mr. Chair. This is supplementary. Why is it, then, we put a lot of effort in terms of formalizing recognition of settlement areas, but we don't also, in the same effort, recognize unsettled areas, say, like the Dehcho region or the Akaitcho region and their communities? Thank you.

The Chair

The Chair R.J. Simpson

Thank you. That is a question for the Minister. I will direct it to the Minister. Mr. Nadli.

Michael Nadli

Michael Nadli Deh Cho

Just for the record, if maybe the law clerk could clarify for me that point, I think that it is a legal question. In my own mind, I want to understand the certainty of the language. Mahsi.

The Chair

The Chair R.J. Simpson

Thank you. Madam Law Clerk.

Law Clerk

Thank you, Mr. Chair. I am happy to do so. The use of the word "settlement area" in the Mineral Resources Act is used in a very specific context throughout the act, and it is often used to refer to issues and occasions where notice is required to be given. As a consequence, it is very important to know where notice is required to be given, and it is in that context that the definition of settlement area is used.

I also note that, and again, being aware of not jumping ahead too much, but section 3 of the act does provide a statement that the act is not meant or is to be interpreted in a fashion consistent with the recognition of Indigenous and treaty rights.

Of course, there is also the usual conflict provision saying that Indigenous and treaty rights would prevail over this act if there is an inconsistency, because we are not able to detract from Indigenous rights. They are constitutionally guaranteed rights. However, in this context, the use of the word "settlement area" is often used to allow for the decision-maker to know to whom notice must be given under the act of various steps that are taken throughout the mineral process.

I hope that helps the Member, Mr. Chairman. It may also be that the Minister would be able to further elaborate on why the Minister wanted to amend this bill to include this specific definition. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you. Further, Mr. Nadli?

Michael Nadli

Michael Nadli Deh Cho

Yes, it's concerning that unsettled areas are not recognized. There have always been aspirations of First Nations of being recognized. There are always challenges in recognition of committees or First Nations, and this legislation basically spells that. That is, perhaps, the next step. Maybe the Minister could clarify for me, at least, my concerns that I have, perhaps he could maybe clarify in those regions, like in the Deh Cho and the Akaitcho, because they're not explicitly recognized in this legislation. It doesn't mean that the legislation will never apply to their lands. Mahsi.

The Chair

The Chair R.J. Simpson

Mahsi. Ms. Faryna.

Faryna

Thank you, Mr. Chair. Just to clarify, this definition only defines settlement areas, those under the land claim agreements as listed. However, every provision in MRA that refers to settlement areas in terms of engagement or notice also has a similar accompanying parallel provision for unsettled areas in terms of traditional territory. There is no difference in what this bill discusses. It's just a technical term in how to refer to the different areas, and should those lands have a settled agreement as we previously discussed, it could be add to this list, but effectively, this bill treats all those areas the same way. Thank you, Mr. Chair.