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.