This is page numbers 6721 - 6786 of the Hansard for the 19th Assembly, 2nd 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 know.

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Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

The Chair

The Chair Lesa Semmler

Thank you, Madam Premier. Member for Frame Lake.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Madam Chair. Yeah, no, I appreciate that. And the Minister has confirmed that the only specific role in here is about getting notice about authorization for a Cabinet Minister to go off and negotiate a shared decision-making agreement. But, you know, we're supposed to be a consensus government system, and this is not any regular kind of bill. This is a bill to implement Indigenous rights and has the potential to very significantly change the way the Legislative Assembly operates, the way the legislative agenda's formulated, what happens in committees.

And to exclude Regular MLAs from that process, not good. Not good. And it's not within keeping of how consensus government is supposed to work in my humble opinion. And you know, the committee tried to build in ways for Regular MLAs to be direct observers, dare I say, in some of this. And that was rejected by the Premier. And we're going to get so some of that a little bit further.

But the other two other issues, if I can get to them quickly, is I want the Premier to confirm that there was no engagement with Regular MLAs about the statement of consistency on a Private Member's bill. And a simple yes or no will do. Thanks, Madam Chair.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

The Chair

The Chair Lesa Semmler

Thank you, Member. Madam Premier.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

Caroline Cochrane

Caroline Cochrane Range Lake

Thank you, Madam Chair. We agreed to work with Regular Members on developing the statement of consistency. Thank you, Madam Chair.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, that's good to hear. But I asked whether there was any work with Regular MLAs about including Private Member's bill within the scope of this bill before it was given to us. Thank you.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

The Chair

The Chair Lesa Semmler

Thank you, Member. Madam Premier.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

Caroline Cochrane

Caroline Cochrane Range Lake

Thank you, Madam Chair. I'd like to pass it to Martin Goldney.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

The Chair

The Chair Lesa Semmler

Mr. Goldney.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

Martin Goldney

Thank you, Madam Chair. And I believe the question is: was there work prior to the bill being shared with committee around certain features including the requirement of the statement of consistency for Private Member's bills. And there was not pre-engagement with Regular Members on that. We anticipated that will would be part of the conversations that we had after the bill was provided to Members. Thank you, Madam Chair.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

The Chair

The Chair Lesa Semmler

Thank you. Member for Frame Lake.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Yeah, thanks for that confirmation. I do want to thank the committee for its work. You know, and there's some good features in here. Don't anybody characterize me as trying to stop or oppose this. The action plan is a good idea.

The idea of doing a review, the shared decision-making agreements-in-principle, all good things, and certainly consistent with the declaration. The issue is none of that was going to be public. Absolutely nothing. No public information about it, no opportunity for public engagement. I just -- one of the most frustrating things I found, certainly in this Assembly, is I want to give the Premier and Cabinet lots of credit. They did a great job in engaging and working with Indigenous governments. Maybe not all of them. But they have completely forgotten that they're actually supposed to be a public government. Committee had to fix this up. Committee shouldn't have to fix that up. So I want the Minister to tell me how they actually considered the open government policy in putting this bill together. Thank you.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

The Chair

The Chair Lesa Semmler

Thank you, Member. Madam Premier.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

Caroline Cochrane

Caroline Cochrane Range Lake

Thank you, Madam Chair. I'd like to start and then pass it to Martin Goldney for additional comments.

The role of the executive -- so within consensus government system, Madam Chair, Regular Members, all of us 19 Members, determine our Cabinet. And the reason we pick Cabinet is so that the Cabinet can take oversight of the government programs, developing legislation, etcetera. What was --

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

The Chair

The Chair Lesa Semmler

Do you want to repeat your question, Member for Frame Lake

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

Kevin O'Reilly

Kevin O'Reilly Frame Lake

I don't want the clock to be run out. I want to know how specifically the open government policy was used in drafting this bill. I don't want to hear about the roles of Cabinet. I don't want to hear about roles of Regular MLAs. I want to know how the open government policy was implemented in the drafting of this bill. Thank you, Madam Chair.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6737

The Chair

The Chair Lesa Semmler

Thank you. Madam Premier.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Caroline Cochrane

Caroline Cochrane Range Lake

I will pass that question to Mr. Goldney. Thank you.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Martin Goldney

Thank you, Madam Chair. So with respect to the open government policy as it applies to the development of the bill, what we considered is once the bill informs the work of government, we do anticipate that policy continuing to apply and those principles to be considered in the ongoing work of government under this bill.

One thing that was considered when we were drafting this bill in collaboration with Indigenous governments is the need to sometimes balance openness and transparency with the ability for discussions and collaboration free and frankly with our Indigenous government partners. Thank you, Madam Chair.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6738

The Chair

The Chair Lesa Semmler

Thank you. Are there any other general comments on this? Member for Thebacha.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

October 4th, 2023

Page 6738

Frieda Martselos

Frieda Martselos Thebacha

Thank you, Madam Chair. I support the bill because I think the majority of the people of the Northwest Territories are of Indigenous. I just -- I want to talk about a couple things.

The IGC is with three governments. Okay, I mean, with the federal and territorial government and the government that signs on. And it's not necessarily that -- I want to make this very clear because I think clarity is very important.

When you sign on, that means you have a say in land and resources now that we're actually doing some of the work with -- especially with the process convention. You have to realize the different things that have to happen when -- and it's only happening now in this Assembly. It never happened before. Even though they signed on and a lot of times there was -- there wasn't -- the dialogue was not there. And because a couple of groups are not signed on doesn't mean that they didn't have the opportunity to sign on. They chose not to sign on because they're in negotiation of their land claim, and they want to make sure the lands are available of what they wanted in the claim before -- and they still have an opportunity to do just that. The door is always open.

Because I was with -- I sat with the Akaitcho territory for many years. And that was their argument when I'd ask them why they don't do this. And the same with -- and I'm sure that's the same with the Deh Cho. You know, there are reasons why people do certain things or why groups do certain things. I was in leadership and I sat with all these chiefs across the territories.

I think this bill is extremely important in the time of reconciliation and moving forward. There will be flaws. There will be challenges. There's always flaws and challenges. There's loopholes. There's always everything that will come with it. But we have to be able to move forward and work to make it better.

And if we work together as a group, as we're supposed to in consensus government, that's what's supposed to happen. Many times I don't agree with a letter that comes across the desk. I immediately run down the hall. I don't like this word. What does that mean? How is that going to affect my community? I mean, I do it all the time. People have got to be able to have dialogue, a lot of dialogue sometimes. Dialogue with who is putting it out or which department. And sometimes we don't always use that tool. And there are going to be flaws. There are some flaws. And even when the hearing was in Fort Smith, there were people -- a couple of chiefs were there and the Metis and some of these people are part of the drafters of this -- you know, had input into this. And I'd like to say that it's a start. Sure, there's going to be challenges but we have to work through them.

And, you know, many times it's easy to criticize, it's easy to blame someone else for other people's mistakes but taking onus for your mistakes and saying you made a mistake is very important. And I think that, you know, I have a lot of friends that are within the territories, especially in leadership, and people always, you know, are easy to criticize. As soon as one of them makes a mistake, they're easy to criticize. But you can't do that. You've got to see the reason why this happened. And, you know, this bill -- I think Bill 85 is extremely important to the Northwest Territories, to all people in the Northwest Territories, including the non-Indigenous population because many of them understand why we have to have this bill. It's a really -- it's not posing anything on anyone. It's a collaboration of ideas to make things better. And that's what the UNDRIP bill is all about. I don't have any questions but just for clarity. Thank you, Madam Chair.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6738

The Chair

The Chair Lesa Semmler

Thank you, Member for Thebacha. Are there any further general comments? Member for Hay River South.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

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Rocky Simpson

Rocky Simpson Hay River South

Thank you, Madam Chair. Just a quick comment, I guess. Madam Chair, Bill 85 is a start of a new relationship between this government and Indigenous people of the Northwest Territories. Is it a perfect start? Probably not. But it's a move -- but it is a move in the right direction. It provides the framework for the recognition of a cooperative relationship based on principles of justice, democracy, and human rights. Some, not all Indigenous governments we know, have signed on to this declaration. And in time, I believe that will happen as claims are settled. The Government of Canada, this government, and the people of Canada have talked reconciliation. And now we have an opportunity to make that reality through passing Bill 85. And I'll provide my support to make that happen. You know, we've talked enough. But at some point, we have to walk the talk, and I think we can start that by passing this bill. Thank you.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6738

The Chair

The Chair Lesa Semmler

Thank you, Member. Are there any further general comments to this? Member for Tu Nedhe-Wiilideh.

Committee Motion 500-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act - Guidelines for Statements, Carried
Consideration In Committee Of The Whole Of Bills And Other Matters

Page 6738

Richard Edjericon

Richard Edjericon Tu Nedhe-Wiilideh

Thank you, Madam Chair. I'll just keep my comments short. I guess the overall, I've been around for a while here in Aboriginal politics. And, you know, when we keep thinking about the early days of the Northern Accord in 1989, was more or less again another way of transferring a lot of these authorities from Ottawa to the GNWT.

And in 2004, they created the Aboriginal Summit and the Aboriginal Summit, again, was made of all these Aboriginal leaders in the Northwest Territories and trying to work on an arrangement with GNWT. And my colleague, Ron Bonnetrouge here from the Deh Cho, had talked about devolution 2014. And that was the beginning of the transfer of a lot of the responsibilities from Ottawa, even on leased land. At one time the Government of Canada used to provide those services for about $200 a year on leased lands and somehow it got transferred to the territorial government and the leases went up to, I don't know, $1,600, and if you're an elder it goes down to $800 and for those services. And it's really frustrating for the elders in my community. But at the end of the day, you know, when you really think about it, it's the GNWT is actually in the process of moving towards a provincial-like type of government or overall. So they have greater control on the lands and resources here in the Northwest Territories.

So when the devolution gave way, that's exactly what happened. But going forward, I'm just wondering, like, there's going to be a set of check boxes with the GNWT as to how we can get to that where we are to the point where we're an actual province of Canada, you know. And right now as it is, there's still hurdles in the way though, that we need to talk about, and I keep mentioning it over and over again, is that we have section 35 constitutional rights. We got claims. We got self-government agreements. Sooner or later, this government here is going to have to deal with that. And it may have to be done through a constitution that be created between the GNWT and Indigenous governments. And that needs to be talked about. So we just want to make sure that, you know, this bill that's going forward doesn't impede -- and we already know it doesn't impede on those constitutional rights. But overall, you know, I keep thinking about this and when I hear the discussion around the table, you know, at the end of the day, you it's -- this government here, the ultimate goal and mandate of this government is going to be become a province.

And when that happens, then the authority's going to be here. But we need to figure how we're going to work together and co-exist and what kind of relationship we're going to have. So it's more or less a comment because, as a former leader, I mean, I've been around -- I've been to all these meetings as a former leader. And I seen it. So anyway it's just going to be -- Madam Chair, it's just a comment. But the thing is that I guess overall this bill, there's some issues there that we could take a look at but we'll get it sorted out. Thank you.