This is page numbers 5943 - 6022 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

Paulie Chinna

Paulie Chinna Sahtu

Thank you, Mr. Speaker. Housing has been working very strongly with the Indigenous governments throughout the territory. We were able to acquire distinction-based funding. We do have working tables with specific Indigenous groups and governments throughout the Northwest Territories that welcome us to be working with them hand-in-hand. And also housing is not afraid of the declining CMHC funding is there. The opportunity oh out there for us to get new builds on the ground. We're looking for strategic new innovative ideas. We are working at the local housing authority level as well too with the smaller communities. And we do have strong representation at that level. We just finished our strategic renewal that invites all opinions, ideas that we have taken throughout the Northwest Territories to work more strongly with our tenant and is to work more strongly with our communities. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Oral questions. Written questions. Returns to written questions. Oh sorry, Member for Yellowknife Centre.

Julie Green

Julie Green Yellowknife Centre

Thank you, Mr. Speaker. I seek unanimous consent to return to item four on the order paper, recognition of visitors in the gallery.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Yellowknife Centre. The Member is seeking unanimous consent to return to item four. Are there any nays? There are no nays. Recognition of visitors in the gallery. Member for Yellowknife Centre.

Recognition Of Visitors In The Gallery(reversion)
Recognition Of Visitors In The Gallery(reversion)

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Julie Green

Julie Green Yellowknife Centre

Thank you, Mr. Speaker. Mr. Speaker, today we have a group of visitors from the Registered Nurses Association of the Northwest Territories and Nunavut. We have Vivian Silverio-Chua who is the president of the association; Denise Bowen, the executive director; Anna Tumchewics, who is one of my constituents and she's the lead on the Nursing Profession Act; and Jan Inman, director of professional conduct. Thank you for coming.

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The Speaker

The Speaker Frederick Blake Jr.

Recognition of visitors in the gallery. Member for Inuvik Boot Lake.

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Recognition Of Visitors In The Gallery(reversion)

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Diane Archie

Diane Archie Inuvik Boot Lake

Thank you, Mr. Speaker. Mr. Speaker, I'd like to recognize Cora Lenore who is a band member with Liidlii Kue in Fort Simpson. Thank you for being here.

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Recognition Of Visitors In The Gallery(reversion)

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The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Inuvik Boot Lake. Recognition of visitors in the gallery. Member for Inuvik Twin Lakes.

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Recognition Of Visitors In The Gallery(reversion)

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Lesa Semmler

Lesa Semmler Inuvik Twin Lakes

Thank you, Mr. Speaker. I'd like to recognize Jan Inman and Denise Bowen. Both were my past nursing instructors, so they got to teach me all my good skills but now I'm fighting on this end. Thank you, Mr. Speaker.

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The Speaker

The Speaker Frederick Blake Jr.

Recognition of visitors in the gallery. Replies to the Commissioner's address. Petitions.

Colleagues, we will return after a short recess.

---SHORT RECESS

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The Speaker

The Speaker Frederick Blake Jr.

Order. Tabling of documents. Minister responsible for Northwest Territories Power Corporation.

Diane Archie

Diane Archie Inuvik Boot Lake

Mr. Speaker, I wish to table the following three documents: 2022-2023 Northwest Territories Hydro Corporation Amended Capital Budget;
2022-2023 Northwest Territories Power Corporation Amended Capital Budget; and, 2023-2024 Corporate Plan Northwest Territories Hydro Corporation and
Northwest Territories Power Corporation. Quyananni, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Minister. Tabling of documents. Member for Frame Lake.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Merci, Monsieur le President. I wish to table the following two documents: March 28th, 2023, CBC News story, "Nunavut flips stance on caribou protection again, now supports development ban on calving grounds; and, February 24th, 2023, Government of Nunavut Response to Final Written Submissions on the Nunavut Land Use Plan. Mahsi, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Frame Lake. Tabling of documents. Member for Hay River South.

Rocky Simpson

Rocky Simpson Hay River South

Thank you, Mr. Speaker. I'd like to table the following two documents: Guidelines for the Disaster Financial Assistance Arrangements, Public Safety Canada; and, Public Safety Canada, DFAA Interpretation Bulletin Number 8, dated July 2017, Innovative Recovery Solutions. Thank you.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Hay River South. Tabling of documents. Notices of motion. Member for Hay River South.

Rocky Simpson

Rocky Simpson Hay River South

Mr. Speaker, I give notice that on Thursday, March 30th, 2023, I will move the following motion: I move, seconded by the Honourable Member for Hay River North, that when this House adjourns on Thursday, March 30th, 2023, it shall be adjourned until Thursday, May 25th, 2023;

And furthermore, that at any time prior to May 25th, 2023, if the Speaker is satisfied, after consultation with the Executive Council and Members of the Legislative Assembly, that the public interest requires that the House should meet at an earlier time during the adjournment, or at a time later than the scheduled resumption of the House, the Speaker may give notice and thereupon the House shall meet at the time stated in such notice and shall transact its business as if it had been duly adjourned to that time. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Hay River South. Notices of motion. Member for Thebacha.

Frieda Martselos

Frieda Martselos Thebacha

Thank you, Mr. Speaker. Mr. Speaker, I give notice that on Thursday, March the 30th, 2023, I will move the following motion: Now therefore I move, second by the Honourable Member for Hay River North, that the Legislative Assembly express its sincere gratitude to Mr. Mercer for his dedicated and exemplary service to this House;.

And further, that the Legislative Assembly designate Mr. Tim Mercer as an honorary officer of the Legislative Assembly with an entree to the Chamber and a seat at the table. Thank you, Mr. Speaker.

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Thebacha. Notices of motion. Motions. Member for Inuvik Twin Lakes.

Lesa Semmler

Lesa Semmler Inuvik Twin Lakes

Mr. Speaker, WHEREAS the Territorial Land-Lease Only Policy states that the policy will be in effect in all areas where land, resources, and self-government agreements and treaty land entitlements have not been settled;

AND WHEREAS Indigenous governments have settled land, resources, and self-government agreements with rights to harvest and establish camps;

AND WHEREAS Indigenous people using a cabin for rights-based purposes should be exempt from lease payments for those rights-based cabins and camps;

AND WHEREAS the collection of arrears for rights-based cabins in leases by the Government of the Northwest Territories from Indigenous peoples should be considered an infringement of Indigenous rights;

AND WHEREAS Indigenous leaseholders should be allowed to surrender their leases if they choose so without extra costs or removal of any structures associated with their camps or cabins;

AND WHEREAS Indigenous people should be able to enter into a lease agreement at no cost, if they choose;

AND WHEREAS the Government of the Northwest Territories management of unauthorized occupants should not impact Indigenous rights.

NOW THEREFORE I MOVE, second by the Honourable Member for Yellowknife North, that this Legislative Assembly calls upon the Government of the Northwest Territories to forgive and pause the collection of current and new lease payments and fees of all Indigenous cabin leaseholders immediately;

AND FURTHER, the Government of the Northwest Territories complete a review of cabin and recreational leases to ensure that there is no infringement of Indigenous rights through the collection of taxes and fees;

AND FURTHERMORE, the Government of the Northwest Territories develop more consistent land use policies that are representative of completed land, resources, and self-government agreements and ongoing land, resources, and self-government negotiations;

AND FURTHERMORE, the Government of the Northwest Territories provide a response to this motion within 120 days. 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. Member for Inuvik Twin Lakes.

Lesa Semmler

Lesa Semmler Inuvik Twin Lakes

Mr. Speaker, I moved this motion for the following reason, and the most important reason I see to ensure is that our policies and legislation are consistent with final agreements, provisions, as well as the spirit and intent of those agreements. Those agreements I speak of, colleagues, were actually -- we are actually signatories to those agreements.

Mr. Speaker, an example of what I'm referring to is in my region. We have the Inuvialuit Final Agreement, an agreement that is constitutionally-protected, an agreement that provides for certain rights to Inuvialuit to access and establish camps as part of exercising their right to harvest, an agreement that we as the GNWT signed.

Some of the relevant provisions from the IFA include -- and I will be reading legislation because that's what we do in this House -- under section 14, wildlife harvesting and management,

Section 14.(6): This agreement provides the Inuvialuit with certain harvesting rights to wildlife in the Western Arctic region. The exercise of Inuvialuit rights to harvest is subject to laws of general application respecting public safety and conservation.

Then, in section 14.(23), the provision of subsection 12.(36), 12.(37), and 12.(38), and (40) apply with such modifications as the circumstances require to harvest of wildlife under this section.

Mr. Speaker, when we read these documents, like the land claim, we have to jump around to understand and clearly interpret what is being said in other sections. So let's skip to the section that's being referenced.

In this section, it talks about the national park on the North Slope but let's remember 14.(23) said that in the section of that -- this applies to the section 14 that I just read, and then this section speaks to the Inuvialuit settlement region and historical harvesting areas.

12.(36): the right to harvest game includes the right to use present and traditional methods of harvesting and the right to possess and use all equipment reasonably needed to exercise that right subject to international agreements with Canada, is a party to the laws of general application respecting public safety and conservation.

12.(37): Subject to subsection (38), the right to harvest game includes the right to travel and establish camps as necessary to exercise that right.

12.(39): The Inuvialuit not need to obtain permits, licenses, or other authorizations to harvest game but may be required to show proof of status as Inuvialuit beneficiaries where, for the purpose of conservation, permits, licenses, or other authorizations are required by appropriate Ministers or on the recommendation of the Wildlife Management Advisory Council or the Porcupine Caribou Management Board. The Inuvialuit should have the right to receive such permits, licenses, or other authorizations from the local authority at no cost.

The Inuvialuit Final Agreement specifically states that the Inuvialuit need not pay fees to exercise their right to harvest, colleagues, including their rights to establish camps. We can't and should not be passing legislation or regulations that are inconsistent with final agreements and treaty rights.

Mr. Speaker, I also want to speak to the devolution agreement for lands and resources in the NWT. This devolution agreement is the father of our lands agreement as we did not have lands in the GNWT until devolution.

And in that agreement, the paramouncy 2.(4): Nothing in this agreement shall be construed so as to prevent an Act of Parliament from prevailing over territorial legislation to the extent of any conflict between them. It speaks to Aboriginal rights and interests. It also has a section where it states conflict with land claim agreements or self-government agreements.

2.(36): In the event of an inconsistency or conflict between this agreement and a settlement agreement or a self-government agreement or a land claim agreement within the meaning of the section 35 of the Constitution Act 1982, the settlement agreement, self-government agreement, or land claim agreement shall prevail to the extent of the inconsistency or conflict.

How much more clearer does this need to be for GNWT to recognize these rights already exist and apply? Why are we not following the final agreements and the devolution agreement; both agreements we have signed. Surely the people of the Northwest Territories and the Indigenous people of the NWT expect the government to follow and uphold them. I do, as an MLA elected to this legislature.

Mr. Speaker, the issue of fees being charged to Indigenous people to access lands and establish camps that they've been using for thousands of years is just plain wrong.

I understand the importance of land management. I understand the importance of knowing what is happening on public lands. What I don't understand or accept is why we are purposely going against negotiated and finalized agreement provisions. If people want to enter into leases, that is totally up to them. I'm not against leases. I'm against charging Indigenous people fees for those leases. In my view, if an Indigenous person wants to enter into a lease, that's totally fine, but it should be at no cost as per our agreement with Indigenous people.

Mr. Speaker, this is not a time for GNWT to try and renegotiate rights that have already been done.

Mr. Speaker, we need to ask ourselves when we are dealing with things of these nature, where are we going with this and when is this going to stop? While lease fees may seem like not a big issue, in fact it is. There's a larger question that we need to ask ourselves. Do we continue to go against final agreements and treaty to collect fees from Indigenous people? Do we continue to send Indigenous people to collection and threaten them with legal action for exercising their Indigenous rights? Why such a heavy hand, Mr. Speaker? Is charging of fees and going against agreement that we as government made as part of the definition of what GNWT thinks reconciliation is with Indigenous people? I think one way of starting on the road to reconciliation, a basic and easy way, is to simply follow these existing agreements, get rid of these fees for leases for Indigenous people. They were here long before us and have negotiated agreements and are in process of negotiating agreements within the spirit and intent of peace and friendship. We have to honour those agreements and treaty rights. This must apply across the North.

Mr. Speaker, whether this is just growing pains of devolution, and maybe it was unintentional, but it's time for us to fix this. And I hope my colleagues from across the floor hear me and have heard what I've had to say, and if not, and if they wish to discuss this further, I welcome all discussions and debate on this topic.

I also hope that Cabinet will ensure that if and when regulations for the Lands Act come before them to ensure that they are using the UNDRIP lens and ensure that they do not go against any current agreements and Aboriginal land rights.

I also ask for a recorded vote, and I ask you all to support this motion, and let's stop chipping away at Indigenous rights and start by stop charging fees for leases to Indigenous people of the North for exercising their right. 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. Member for Yellowknife North.