This is page numbers 5441 - 5516 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.

Topics

Caroline Wawzonek

Caroline Wawzonek Yellowknife South

Thank you, Mr. Speaker.

Enabling an NWT Constitutional Framework

Committee heard that an approach is needed to accommodate the rights of each Indigenous nation in the NWT in relation to the Canadian Constitution and consideration of the distinct circumstances of each nation's path to self-determination. Witnesses told committee that there is a need to reconcile the distinction between "the public" and "Indigenous peoples" because most of the NWT's public is Indigenous.

The need to reassess the relationship between public and Indigenous governments was felt by many. Witnesses told committee that together, we need to look at how the declaration is informed by the Constitution, on the one hand, and by the governance models used in the Northwest Territories on the other.

The Northwest Territories Act, a federal statute, creates the Northwest Territories Assembly and defines its legislative powers. This Canadian law may also need to be reviewed for consistency with the United Nations Declaration on Indigenous Peoples at a federal level.

UNDRIP does not override existing laws in Canada. Canada and British Columbia require their laws to be "consistent" with the declaration. UNDRIP can be seen as informing the Constitution. Committee heard that making Canada's legislation consistent with the declaration may require amending Land Claims Agreements. This concern refers to the federal resource management legislation governing the regulation of resources in the Northwest Territories, the Mackenzie Valley Resource Management Act.

UNDRIP has at its core the right to self-determination, which in turn requires a system that allows the diversity of political communities. UNDRIP also formulates Indigenous peoples not as a minority but as "peoples." A constitutional arrangement amongst all nations in the Northwest Territories would redefine our relationship with each other. As such, UNDRIP would help to strengthen existing co-governance and co-management approaches between the Northwest Territories and Indigenous governments.

The goal of shared decision-making means to advance the building of Indigenous nations and governments, to avoid the past "top-down" approach taken by public governments and to acknowledge that approximately half of the Northwest Territories population is Indigenous. Rebuilding our relationships will move us forward to agree on policies that will resolve conflict, encourage collaboration, and establish long-term working processes. Collaboration is the foundation to reach agreements for all groups and may include facilitated collaboration to re-establish, strengthen and maintain effective working relations and mutual trust.

The current forums and tables create relationships, enable the Members to respect each other's unique positions and accommodate the Northwest Territories diversity. The existing Northwest Territories tables are suitable for a Northwest Territories-specific approach. The Northwest Territories Council of Leaders, the Modern Treaty and Self-Government Partners Forum, and the existing Intergovernmental Council are three separate places for exchange. The Legislative Development Protocol, established in December 2020, is an effective model of attaining UNDRIP objectives and respecting the political realities of the Northwest Territories.

Recommendation 2: The Special Committee on Reconciliation and Indigenous Affairs recommends that the 20th Assembly establish a special committee on UNDRIP implementation.

Thank you, Mr. Speaker. And over to the MLA for Thebacha.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Yellowknife South. Member for Thebacha.

Frieda Martselos

Frieda Martselos Thebacha

Monitoring UNDRIP Implementation

Most witnesses favoured legislation as the mechanism to implement UNDRIP in the NWT. Committee heard that the Government of the Northwest Territories should pass a law to implement UNDRIP to adopt the declaration as the minimum standard for how the survival, dignity, and well-being of Indigenous peoples in the NWT will be upheld in Government of the Northwest Territories law and policy.

In other words, implementing UNDRIP in NWT law offers a solution that initiates the process of harmonizing and aligning Government of the Northwest Territories laws, policies, and practices with the declaration's minimum standards for recognizing and respecting Indigenous peoples' rights.

Choosing to implement a law obligates the Government of the Northwest Territories to work in consultation and cooperation with Indigenous governments and organizations when addressing legal and policy issues. The consequence would be that of the government is working under the same standards. Choosing a law to implement UNDRIP may create obligations for an action plan, independent monitoring and implementation of Free, Prior and Informed Consent.

  • Action Plan: An action plan, committee notes, needs to be mandated so that the responsible Ministers collaborate with Indigenous governments in bringing existing laws and policies in compliance with UNDRIP. The NWT UNDRIP MOU in process under the Northwest Territories Council of Leaders UNDRIP working group could require the Government of the Northwest Territories to prepare a joint action plan in collaboration with Indigenous partners.
  • Monitoring: An action plan can provide for accountability in the implementation through reporting against key indicators. The law must include a mechanism that will monitor how the law is being implemented so that we can work together to adjust if needed. For example, Ombuds are created to hold the respective government accountable and Auditor Generals exist in provinces for the same purpose.

In Canada, no independent bodies are tasked to monitor how governments implement and apply the declaration. It has been said that this absence may lead to interpretation gaps in UNDRIP implementation.

The Truth and Reconciliation Commission asked for an independent agency to hold the government accountable for its commitment to implementing the UNDRIP. (Truth and Reconciliation Commission, Calls to Action 43 and 44).

  • FPIC: Operationalizing consent is the most important mechanism for implementing UNDRIP and realizing reconciliation. Any UNDRIP legislation and attached action plan should enable shared decision-making and delegation between the Government of the Northwest Territories and Indigenous governments in areas of shared responsibilities. Consent would be built into policy and legislation, as is the case with the NWT Mineral Resources Act and Protected Areas Act. The principle of consent must permeate and apply to all activities.

The Government of the Northwest Territories may choose to adopt the approach taken by Canada and BC and require its existing laws to be consistent with the principles and objectives of UNDRIP to strengthen the ongoing co-governance.

The goal is to enable innovative, consensus-based modes of collaborative governance, where Indigenous and public governments operate cooperatively and in a spirit of consensus to confront shared problems and address shared interests.

Committee recommends that the Government of the Northwest Territories develop its approach, including identified measures for progress and begin at the very start by including performance measurement principles in the UNDRIP work plan proposal of the NWT UNDRIP MOU for developing the UNDRIP law.

Recommendation 3: The Special Committee on Reconciliation and Indigenous Affairs recommends that the work plan proposals to be suggested by the Government of the Northwest Territories under the NWT Council of Leaders UNDRIP Memorandum of Understanding should include:

  1. Description of who or what entity will monitor progress.
  2. Identification of who or what entity will be accountable for progress.
  3. A dispute resolution mechanism other than the Government of the Northwest Territories for disputes between Indigenous governments over the implementation of UNDRIP, land access, land exclusivity and other inter-jurisdictional disputes.
  4. An established process or determined place to ensure the implementation of existing self-government agreements or land claim agreements is consistent with the principles and objectives of UNDRIP.

I will now turn it over to Yellowknife North.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Thebacha. Member for Yellowknife North.

Rylund Johnson

Rylund Johnson Yellowknife North

Thank you, Mr. Speaker.

Making GNWT Policies Consistent with UNDRIP

The committee has received multiple recommendations that the GNWT must systematically review existing policies to ensure compliance with UNDRIP and that policies are consistent.

Harmonizing and aligning GNWT laws, policies, and practices with the declaration's minimum standards for recognizing and respecting Indigenous peoples' rights is crucial to the reconciliation process. Some urged to expedite the harmonization process, seeing the need to ensure policies are consistent and effective for the timely completion of land agreements. Others want to see opportunities for interim and incremental measures.

The benefits of updating and aligning policies with UNDRIP principles mentioned include:

  • Facilitating the finalization of land claim agreements.
  • Empowering the public service to act in accordance with UNDRIP.
  • Facilitating the implementation of UNDRIP.
  • Advancing reconciliation.
  • Establishing, maintaining, and improving government-to-government relationships.

Committee agrees that advancing reconciliation requires ensuring all GNWT policies are consistent with UNDRIP principles and suggests a systematic review of the GNWT policies issued on the authority of the Executive Council and ministerial policies. The Executive Council is responsible for the overall management and direction of the GNWT and authorizes long-term policies and policies guiding the establishment of departments. Currently, 49 policies are under the authority of the Executive Council, and 43 are ministerial policies.

Committee suggests that the GNWT establish a process for the systematic review that includes Indigenous governments and Members of the Legislative Assembly in the review cycle.

Committee suggests starting with GNWT "Policy 11.51 - Aboriginal Land Claims" (effective May 16, 1998).

Committee suggests the GNWT consider the objectives of the NWT UNDRIP MOU on implementing UNDRIP in legislation in its systematic policy review.

Recommendation 4: The Special Committee on Reconciliation and Indigenous Affairs recommends that the GNWT systematically review GNWT policies against the principles of UNDRIP and in consideration of purposes and objectives established by the NWT Council of Leaders UNDRIP Memorandum of Understanding,

  1. Beginning with the review of policy 11.51 "Aboriginal Land Claims;"
  2. Continuing with the review of the policies listed under the authority of the Executive Council and ministerial policies;
  3. While at the same time, establishing an understood process to ensure a "check in" with Indigenous governments and Members of the Legislative Assembly before final versions are concluded.

I will now pass it over to the MLA for Inuvik Twin Lakes.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Yellowknife North. Member for Inuvik Twin Lakes.

Lesa Semmler

Lesa Semmler Inuvik Twin Lakes

Thank you, Mr. Speaker.

Moving Agreements to Conclusion

Repeatedly, committee heard from Indigenous nations the desire to develop mechanisms and processes to move land and self-government agreements forward. We also heard that change is needed immediately and that, at the same time, agreements need to work on the ground and also have legal complexities that require more time for the negotiation process.

Finding innovative ways to meet practical goals requires the parties to have exploratory discussions with each other. The current negotiation tables are where all parties meet: The Government of Canada, the GNWT, and the Indigenous nation. The negotiation tables offer an opportunity to encourage brainstorming and identification of new ideas to build solutions. All parties can take this opportunity to be informed to the same degree, work together and co-develop a rights-based approach to negotiation.

The need for policies encouraging approaches to negotiating and concluding land and self-government agreements is imminent. The GNWT provides some guidance with the NWT Core Principles and Objectives; however, to address the concerns that have troubled NWT negotiation processes, a co-developed policy framework would open paths for a renewed relationship.

An example of activities overhauling an outdated Canadian negotiation approach is British Columbia's 2019 treaty negotiation policy, co-developed by the federal and provincial governments and the First Nations Summit. The policy replaces the previous settlement language with a rights-based negotiation approach and removes extinguishment clauses. Canada changed the federal negotiation approach by adopting the British Columbia negotiation policy principles, established Discussion Tables for negotiations and created the Collaborative Self-Government Fiscal Policy. The federal government put forward the realization that it requires flexibility to not only complete agreements but also to provide the means so that Indigenous parties strive for self-determination. Canada acknowledges that the concept of the 1980s and 1990s agreements is entirely different from today and that the needs have evolved since then.

Changing the status quo of the NWT negotiation process may require co-developing a process that will allow specific mechanisms borne out of the self-determination of Indigenous nations without land agreements. Canada's Mackenzie Valley Resource Management Act (MVRMA) established a regulatory regime in the NWT's Mackenzie Valley that resulted from negotiations of comprehensive land agreements. Committee heard the MVRMA was considered the basis of governments' resource management regime for all NWT, including areas without completed land agreements.

Committee suggests the GNWT take the existing negotiation tables as an opportunity to co-develop a policy framework for negotiating and concluding land agreements and potentially other agreement processes.

This GNWT policy framework would:

  • Commit governments to co-develop a land agreement and self-government policy framework.
  • Ensure that the negotiation process respects the inherent rights of all Indigenous nations.
  • Develop approaches recognizing the rights of participating Indigenous nations to choose different paths to resolve land, water and resources issues.
  • Ensure that governments remain connected and equally informed at the negotiation tables.
  • Facilitate alignment of policies.

To ensure that mechanisms and processes will move land and self-government agreements toward conclusion, committee recommends the following:

Recommendation 5: The Special committee on Reconciliation and Indigenous Affairs recommends that the Government of the Northwest Territories work toward establishing a shared framework with the Government of Canada and Indigenous governments and organizations for the resolution of outstanding land and self-government agreements;

And further,

That the Government of the Northwest Territories make the option of an independent facilitator available to all negotiation tables.

Conclusion

It has been committee's privilege to be tasked to raise discussions on reconciliation, the UNDRIP, and the work on concluding land agreements in the NWT. Much has changed since the committee began work in December 2020, and committee members are hopeful that the collaborative efforts underway will continue and conclude with the desired outcomes. Committee found sincerity in the Government of Canada's new approach to negotiations and commitment to keep the flexibility to address the current needs.

Committee has learned of the Indigenous leaders' profound commitment, tirelessly representing their communities' interests over decades and persuading governments of the need for reconciliation just as tirelessly and long.

A collaborative approach looks at the interests of all parties, understands that it is about balancing rights and interests, and aims at crafting solutions that meet the groups' interests. Challenges may include overlaps and intergovernmental issues but must be dealt with. Getting better at collaborating will help overcome the obstacles.

Recommendation 6: The Special Committee on Reconciliation and Indigenous Affairs recommends that the Government of the Northwest Territories respond to the recommendations contained in this report within 120 days.

Mr. Speaker, I move, seconded by the Member for Yellowknife North, that Committee Report 44-19(2), Special Committee on Reconciliation and Indigenous Affairs Final Report: A Northwest Territories Approach to the United Nations Declaration on the Rights of Indigenous People and Negotiating Agreements, be received by the Assembly and referred to Committee of the Whole for further consideration. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Inuvik Twin Lakes. The motion is in order. To the motion?

Some Hon. Members

Question.

The Speaker

The Speaker Frederick Blake Jr.

Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. Committee Report 44-19(2) will be moved into Committee of the Whole for further consideration.

---Carried

Reports of standing and special committees. Returns to oral questions. Acknowledgements. Oral questions. Member for Hay River South.

Rocky Simpson

Rocky Simpson Hay River South

Thank you, Mr. Speaker. Mr. Speaker, will the Minister responsible for MACA tell me if funding has been accessed by this government, the Town of Hay River, or Indigenous governments, to the National Disaster Mitigation Program, or other programs, to address flood mitigation assessment planning and projects? Thank you.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Hay River South. Minister responsible for MACA.

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Speaker. Mr. Speaker, in the past the department has accessed national disaster mitigation funding. Example is the Tuk remediation community mitigation plan. Unfortunately in 2021-2022, that program got sunsetted and so it's not available. However, in saying that, MACA is working closely with leadership and administration of the Town of Hay River and the K'atlodeeche First Nation Reserve on community level mitigation. MACA's working closely with the town, the reserve, and the federal government to determine which mitigation options are eligible for federal funding, government funding.

Public Safety Canada's conducted an eligibility review of the town's Hay River list. And the Member talked about a number of items, and I believe the town submitted the majority of them, if not all. The intent is to provide certainty in the Town of Hay River on what projects will be funded through the DFA and other programs available. So we are working through this process. Thank you, Mr. Speaker.

Rocky Simpson

Rocky Simpson Hay River South

Thank you, Mr. Speaker. Mr. Speaker, we've had a number of floods over the last two years, and the Minister had mentioned on various occasions about lessons learned. So will the Minister tell me where the department is in developing a “lessons learned” report on flooding and when can we expect to receive it? Thank you.

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Speaker. Mr. Speaker, Municipal and Community Affairs started working on the first phase of the afteraction review for the 2022 flood, which is focused on preparedness and response. Feedback was sought through online surveys, which was open to the public from January 9th to the 23rd. MACA consultants held public engagement session in Hay River on January 19th. Consultants complied target interviews -- or going to interview key regional and territorial emergency management organizations in community, people in the community. We expect a summary of the final report of phase one on the after-action program to be available this summer. Then phase two will be after the completion of the recovery phase and it will undertake this winter -- or coming up winter. Thank you, Mr. Speaker.

Rocky Simpson

Rocky Simpson Hay River South

Thank you, Mr. Speaker. Mr. Speaker, the reality is that we'll never be able to completely stop flooding, so we have to find a way to mitigate it and mitigate the damage it does. It's important that we keep our residents safe.

So will the Minister tell me what supports his department has provided to the Town of Hay River and surrounding communities to ensure an emergency preparedness and evacuation plan is in place prior to the upcoming spring breakup on the Hay River? Thank you.

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Speaker. This might be a little bit of a longer answer, and I apologize. Municipal and Community Affairs is reaching out to all community governments to offer updated community plan templates and community flood preparedness packages, community emergency planning workshops, tabletop exercises to practice and validate emergency plans. Municipal and Community Affairs has worked with the Hamlet of Enterprise to deliver a community emergency planning workshop. A workshop is scheduled for the reserve for early March. MACA's ongoing discussions with the town to provide support in updating the community emergency plan. The Be Ready for Flood campaign is being rolled out to residents and community governments of the importance of planning and prepared for flooding. We've also hired five regional staff that are working with all the impacted communities, or potential impacted communities, to work on their preparedness for this. And we have increased our staff at headquarters as well. So we've started working on this -- or enhancing our services to the communities. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Final supplementary. Member for Hay River South.

Rocky Simpson

Rocky Simpson Hay River South

Thank you, Mr. Speaker. Mr. Speaker, advanced warning of potential flooding is instrumental in keeping people safe. Any break in the warning system could result in damage to property or, worse, loss of life.

Will the Minister tell me what, if any, work has been done to ensure that there is an early flood warning, flood alert, and imminent flood warning system in place for this spring breakup along the Hay River? Because I know in the past some of the instruments that were on the river were damaged. Thank you.

Shane Thompson

Shane Thompson Nahendeh

Thank you, Mr. Speaker. And I thank the Member for these questions. Mr. Speaker, Municipal and Community Affairs will issue alerts on communities' requests and working with them on developing the process. We have also offered to work with the Town of Hay River, the reserve, and Enterprise to develop templates for alerts to assist with assistance of alerts required on urgency basis. We've also worked with ENR as well to get that information out to the residents as and when needed. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Oral questions. Member for Great Slave.

Katrina Nokleby

Katrina Nokleby Great Slave

Thank you, Mr. Speaker. Mr. Speaker, my questions are for the Minister of ITI who is responsible for the agriculture sector. As I said in my statement, it was really exciting to be at the conference last week and I noted that ITI was there. Not only was there a tourism component but there was also people attending the conference. So could the Minister speak a little bit about what she plans to get from her staff that attended, what sort of feedback were they giving, and how is that going to be incorporated into the department's work? Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Great Slave. Minister responsible for Industry, Tourism and Investment.

Caroline Wawzonek

Caroline Wawzonek Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, it was a pleasure to also be at that conference albeit in my case very briefly. I have, however, already received a summary from the department about their attendance. And immediately on my arrival on the Friday, I was very pleased to hear from them that they had been at the visioning exercise that took place the day before. I would share the comments earlier. There was a distinct sense of excitement and interest in the room because it did stretch across the entire food value chain from production and growing, harvesting, through to the commercial aspects of the food chain.

So with respect to some next steps, Mr. Speaker, there is a report coming back from the executive director of the agri-food organization, and I am quite confident that when we receive that, we'll be able to work with her and action some of the items that came through. I know they'll be -- I've also spoken to their president of the board, and he is also looking to sit down with myself and the department to see and map out where we can all work better and work together to move forward following this conference. Thank you, Mr. Speaker.

Katrina Nokleby

Katrina Nokleby Great Slave

Thank you, Mr. Speaker. And I thank the Minister for her response. And I'm actually not surprised to hear that she's already gotten a summary report because I did note that the people that were there from the department also seemed to be very keen and excited by the conference.

Mr. Speaker, I note that there has been an agricultural strategy for the Northwest Territories that ranged up to 2022. Can the Minister speak about the next step for that strategy and whether or not there's going to be a report on how well the last five years did? Thank you.