Assembly Vote
19th Assembly, 2nd SessionFebruary 28, 2023
Motion Sponsor
Topic
Motion Text
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An example of activities overhauling an outdated Canadian negotiation approach is British Columbia's 2019 treaty negotiation policy, co-developed by the federal and provincial governments and the First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.