Thank you, Mr. Speaker. Once again, this House is debating the Government of the Northwest Territories' land tenure policies for municipalities. And, once again, many find the policies of the GNWT coming up short to meet the moment where there is an opportunity for unprecedented federal investment at our doorstep.
Now unlike other motions, Mr. Speaker, in this sitting this motion is squarely targeted at Yellowknife. Admitted fully. But there is good reason, Mr. Speaker, because Yellowknife has been identified as a forward operating location to receive a massive infrastructure expansion to host the Royal Canadian Air Force's new F-35 stealth fighters. Upgrades include new and repurposed hangars, aprons, taxiways, ammunition compounds, and expanded accommodations.
This investment, along with a $230 million investment to extend and modernize Inuvik's airport main runway, will allow both of the communities of Yellowknife and Inuvik to serve as anchor points for the logistical web of northern operational support hubs.
I want to commend Yellowknife's Mayor Ben Hendrickson and the hardworking city councillors for being such strong advocates for the urgent need to prepare for these investments. And not only that, but also the hard work they've done to collaborate with other governments and communities, like the Yellowknives Dene First Nation, North Slave Metis Alliance, the GNWT's Department of Environment and Climate Change, the Town of Inuvik and, most recently, a trade mission has been announced to the Town of Hay River.
These efforts have stirred me to once again rise to advocate for their collaborative vision of a territorial capital that supports all communities and will play its part to ensure the NWT doesn't miss out on one of the most important economic development programs in the history of our modern territory and certainly in the history of our country.
This government must take action to deliver results on land supply, and fast. Prime Minister Carney has delivered on this Assembly's wish list of major projects, and now we must deliver on the needs of our communities. Unfortunately, Mr. Speaker, I continue to hear excuses for delays in land transfers and just as the Government of the Northwest Territories continues to seemingly find more layers of red tape, our federal counterparts have rolled out solutions to take immediate action on the needs of Canadians, like the One Canada Economy Act and the major projects office. They are not afraid to implement new policy solutions and legislations that move projects forward quicker.
So let's get into that, Mr. Speaker.
We are often told that when it comes to the management, lease, or sale of public lands in the NWT, the government's hands are tied. We are told that every routine decision, every low impact disposition, must enter an indefinite loop of consultation that stretches on for years without end. This is a myth, Mr. Speaker. This is a fundamental misinterpretation of Canadian constitutional law, and it is a disservice to the people of the Northwest Territories who elected us to govern with decisive action.
To be clear, I agree, as do we all, that Indigenous land rights are non-negotiable as is the Section 35 duty to consult. Unfortunately, all too often these legal and moral requirements to meaningfully consult and collaborate with Indigenous governments seem to be used as excuses for bureaucratic inertia and weak decision-making. Indigenous governments ought not to bear the responsibility for the land tenure decisions of this government. While that is not being said directly, the implication cannot be ignored.
Today, in support of this motion, I want to lay out a clear, legally sound, and plain language case for why this government has the absolute jurisdiction to build efficient land policies that can help our friends at Yellowknife City Hall and why the law does not require us to stay trapped in a perpetual application process. This argument relies on three principles: Authority, finality, and certainty.
First, let's be absolutely clear about our jurisdiction. Since the historic milestone of Premier McLeod's devolution deal in 2014, the final administration and control of public lands and resources were transferred directly from the federal government to the Government of the Northwest Territories. Under the NWT Act, this Assembly holds the statutory authority to make laws regarding territorial lands. No longer a mere delicate of the great powers that be in Ottawa, the NWT holds the sole mandate to manage our lands in the interests of all Northerners. The legal authority to write policy, establish rules, and make land dispositions, belongs right here in this chamber.
Second, let's take a look at what the Supreme Court of Canada actually says about Section 35 rights and the duty to consult. In the landmark Haida Nation ruling, the court was explicit, consultation is a process, not a veto. It requires meaningful dialogue and appropriate accommodation, but it does not require absolute consensus. In the Little Salmon Carmacks decision, the Court affirmed that the Crown retains the ultimate right to manage public lands and make final decisions, emphasizing that consultation must be balanced with the public government's democratic mandate to govern. And perhaps most critically, in the Rio Tinto decision, the court clarified that the duty to consult is only triggered when a specific government action threatens a direct, adverse impact on an Indigenous right.
We aren't all lawyers, Mr. Speaker, but what that means is the GNWT has the full legal room to establish clear policy thresholds for land tenure. Routine land decisions, like municipal land transfers and certainly recreational cabin leases for that matter, do not automatically trigger exhaustive multi-year reviews. Northerners have been clear, both Indigenous and non-Indigenous, that land disposition processes must have a defined beginning, middle, and end.
Finally, let's look at a unique advantage here in the NWT. Much of our land is governed by modern treaties, comprehensive land claim agreements that are constitutionally-protected contracts between sovereign Indigenous nations and Canadian governments. The Supreme Court has repeatedly ruled, notably in the Na-Cho Nyak Dun case, that modern treaties like these are intended to bring certainty to who owns the land and how it can be used. They already contain the agreed-upon rules for land management, land use planning, and co-management boards. Where a modern treaty exists, the treaty is the law of the land. If the GNWT follows the explicit consultation steps and timelines written into those agreements, then its Section 35 obligations are legally fulfilled. The GNWT ought not to require a separate, open-ended consultation process outside of the frameworks; the frameworks they themselves signed and agreed to.
Now, Mr. Speaker, this motion reflects a need for land supply in a region of the NWT where final modern treaties are still being negotiated. The government will look to the Akaitcho process, the Yellowknives Dene First Nation, and the North Slave Metis Alliance, and other Indigenous groups, and they will no doubt argue that because these comprehensive claims are not yet finalized, the NWT is paralyzed and must enter an endless consultation loop for every single square inch of unceded land. But our own laws and our own negotiated frameworks say the exact opposite. I am, of course, speaking of interim land withdrawals.
Through negotiations with the Akaitcho and Metis governments, the GNWT has formally withdrawn massive tracts of public land around the city of Yellowknife. Within the municipal boundaries of the city of Yellowknife alone, over 1,000 hectares of Commissioner's land has been frozen. As City Hall has keenly pointed out in their presentation to the Standing Committee on Economic Development and Environment, quote, the City owns less than 1 percent of potentially developable land within its own municipal boundaries.
Mr. Speaker, what is the legal purpose of those withdrawals? Immediate and uncontested certainty. By taking these lands out of play, we have given our Indigenous partners a guarantee that their potential treaty lands are protected and will not be sold off while negotiations take place. Furthermore, with the federal government's recent formal recognition of the North Slave Metis Alliance's Section 35 rights, we have a clear path to bring everyone to the table under the same predictable rules. But here is the crucial policy point for this government.
We must confidently assert that the boundaries go both ways. Interim land withdrawals draw a definitive line in the sand. Inside the withdrawal, land is unavailable for any kind of development or disposition until land claim negotiations are finalized. Outside the withdrawal, on the other hand, regular governance and economic development must continue, whether in the city of Yellowknife or any other community in the Northwest Territories. The Supreme Court of Canada cases I spoke of earlier still hold sway on these public lands. The GNWT, as the Crown, retains its authority to manage them, and the existence of an ongoing negotiation does not strip the GNWT of its statutory authority to do so. The government has already legally protected that space for future claims. Outside of those specific boundaries, however, the GNWT has the full authority to implement streamlined land disposition policies over lands that negotiating parties explicitly chose not to withdraw.
We can and must respect Section 35 rights where direct adverse impacts are proven and provide accommodation when determined, but this government cannot trap the rest of our public land base in a perpetual loop of red tape driven by insecurities around a government exercising its own legally justified authorities.
Mr. Speaker, reconciliation does not mean policy paralysis. It means meaningful nation-to-nation relationship building with Indigenous Peoples and nations who have called the lands of the NWT home since time immemorial. It does a disservice to those bilateral relationships and ongoing project of real reconciliation if this government is reluctant to act decisively when our own very economic future, not to mention the future safety and security of the Arctic, is on the line, and this government points to reconciliation as a reason why we can't move quickly. Through many rulings that have evolved over time, the Supreme Court of Canada has laid out a framework that respects Indigenous rights while protecting the Crown's ability to get things done.
And, Mr. Speaker, it's past time this government got municipal land transfers done. We have the jurisdiction via devolution. We have the procedural finality backed by Supreme Court decisions. And we have the certainty provided by our modern treaties with Indigenous nations, including interim land withdrawal measures, while outstanding land rights agreements are negotiated. It's time for this government to confidently exercise its legal authority. We can, and we should, implement robust, predictable land disposition policies that set firm timelines and clear boundaries. We can fulfill our constitutional duties faithfully without allowing our territory's economic future to be put on hold. It's time to move forward, to invest in our future, and empower local communities to realize their full potential. Let's help the City of Yellowknife close the land supply gap, build new homes, grow new businesses, and create shared benefits for the growth of the entire Northwest Territories. Thank you, Mr. Speaker.