Mr. Chairman, my understanding of clause 4 and the intent of this is that we are the binding effect on persons is I understand a standard clause that is viewed in all land claims settlement legislation with the federal government involved. What we're doing here today is part of the ratification process to move the Tlicho land claims and self-government forward. The intention is to ratify this part of it. Thank you.
Jim Antoine
Last in the Legislative Assembly November 2003, as MLA for Nahendeh
Won his last election, in 1999, with 61% of the vote.
Statements in the House
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 10th, 2003
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 10th, 2003
This agreement establishes a Tlicho government in the Tlicho area, and it defines the Tlicho rights. So does it affect people in Yellowknife and the Delta or other places directly? No.
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 10th, 2003
Thank you, Mr. Chairman. Mr. Chairman, this is a Tlicho land claims and self-government agreement. It defines the rights of the Tlicho. Thank you.
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 10th, 2003
Mr. Chairman, the intergovernmental service agreement will be put in place before this agreement comes into effect. The ISA, as it is called, was negotiated and agreed upon. The initial term is for 10 years and it can be renewed as long as all parties agree. So this ISA requires this Tlicho community service agency to be established by our legislation in the territorial government, so the next term, 15th Assembly, will have this legislation in front of them to thoroughly examine it.
We are currently drafting a proposal on this one. What I indicated earlier said education and social services are going to be delivered to all residents, similar to what the Dogrib Community Services Board is delivering. So the funding and the way they've been doing the work is similar, it's just switching over from one agency to the other, and we anticipate the incremental cost to be minimal.
The legislation will have a list of programs and services that this agency will deliver, and these services must be delivered as a priority over other services. If there's an amendment, then it has to be done by the Tlicho government and GNWT. If there are additional programs and services to be delivered, then we must have consent on that, and the funding for additional programs have to be sought. If the additional programs and services are proposed by the Tlicho or Canada, then we have to look for the funding for these additional programs. As the Government of the Northwest Territories we must consult with the Tlicho government and Government of Canada before assigning additional programs and services for the agency to delivery. So, yes, there may be other programs and services that may be added to the duties of the Tlicho community service agency in the future, other than what is currently being provided in the Dogrib Community Services Board, but there is a process outlined on how that is to be done. Thank you.
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 10th, 2003
Mr. Chairman, the Tlicho community service agreement will deliver services to all residents; education and social services in the Tlicho communities, much like the Dogrib Community Services Board does now and it will be established under our legislation. The current cost to the GNWT to provide that will still be there, so the funding will be coming from the GNWT for that. We're saying that it will minimize any incremental costs to the GNWT. So there will be a very small extra cost other than what we're currently providing to provide that service. Thank you.
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 9th, 2003
Mr. Chairman, I think what the Member is talking about is that there is a 10-year agreement on the intergovernmental services that we have entered with the Tlicho as part of this agreement. So the current programs and services that the GNWT is providing plus others, there's an agreement through the negotiations that GNWT will continue to provide these programs and services for the 10 years. So there are other programs in there that if need be, will be negotiated. The intention here is that the Tlicho will have 10 years to build a capacity to run the programs themselves. So it's in the agreement and it will be dealt with through the other Tlicho community service agency legislation that will be coming forth. Thank you.
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 9th, 2003
Yes, this is setting up something unique with the Tlicho government and the territorial government providing programs and services. So the government and the Tlicho government will exercise their own powers to the extent practical in a manner where they will be coordinating the delivery of programs and services to the citizens in the Tlicho and, of course, to all residents of the Northwest Territories. So where there's a serious disruption in the delivery of programs or services on Tlicho lands or in the Tlicho communities, they will enter into discussions to reach agreement on how to deal with this disruption. Thank you.
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 9th, 2003
Mr. Chairman, the Tlicho agreement requires the Government of the Northwest Territories to get the consent of the Tlicho government before introducing a bill to amend community government legislation. The two different pieces of legislation that are forthcoming in the next Assembly, which are the Tlicho Community Government Act and the Tlicho Community Service Agency Act, these two packages reflect what has been negotiated in a lot of detail. So in order to do the work that the next Assembly is going to do in the standing committee in reviewing the bill, it will probably require a new approach, like you say, to look at this Tlicho legislation, because it's totally different and unique from other normal government developed legislation. So there will probably need to be a set of directions on what could be done. The substantial elements of these two pieces of legislation are more or less already agreed upon by the three parties. But this obligation probably applies to the Executive of our government first. But once the bill is introduced then, of course, all Members are entitled to know how they want to vote, and their authority to do this is not fettered at all.
So while we must obtain the consent for the introduction of any amendments, they do require Tlicho consent to make changes to amend bills once they're introduced. So it's different than our previous approach, so certainly there has to be a careful look at how the committees will probably have to view this bill the next time around. Thank you.
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 9th, 2003
Mr. Chairman, I think there will be opportunity to do some amendments in terms of structure. I think the main content of what is being agreed will probably be there and how we get it done. I think those types of amendments will probably be permissible, but we have to consult with our counterparts and get it done. Thank you.
Bill 34: Tlicho Land Claims And Self-government Agreement Act October 9th, 2003
Mr. Chairman, there are two other pieces of legislation that are currently being drafted. They are close to completion; stage one is more complete than the other. They are the Tlicho Community Government Act, as well as the Tlicho Community Service Agency Act. These two acts we're anticipating will go to the 15th Legislative Assembly early on, whenever the next sitting is, probably sometime in February or March, and they would be ready to be introduced in the House. These two pieces of legislation will go through the regular process.
I know there has been concern raised by almost all the Members that Bill 34, Tlicho Land Claims and Self-Government Act, is something that should have gone out to the public, but these other two pieces would give that opportunity to the public to view the whole Tlicho Land Claim and Self-Government Act because the two pieces are contingent and part of Bill 34, as well. So there will be an opportunity at that time to do the proper work that the MLAs are known to carry out. Thank you.