Debates of Feb. 3rd, 2010

This is page numbers 3911 - 3944 of the Hansard for the 16th Assembly, 4th 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 health .

Topics

Oral Questions

Members Present

Prayer

Minister’s Statement 52-16(4): Erecruit

Minister’s Statement 53-16(4): Recognition Of Education Leaders

Minister’s Statement 54-16(4): Drop The Pop Month

Consultation On Caribou Conservation Measures

Acknowledgement Of Executive Council And Legislative Assembly Accomplishments

Disruption Of Phone Service In Nunakput

Ban On Cell Phone Use While Driving

Absenteeism In NWT Schools

Best Wishes To Mr. Tom Makepeace On His Retirement

Consultation On Caribou Conservation Measures

Aboriginal Languages Funding

Clarification Of Energy Issues

Consultation On Caribou Conservation Measures

Implementation Of GNWT Consultation Framework

Consultation On Caribou Management Measures

Caribou Management Measures And Land Claim Agreements

Absenteeism In NWT Schools

Disruption Of Phone Service In Nunakput

Caribou Management Measures

Coordination Efforts For NWT Energy Initiatives

Legislation To Ban Cell Phone Use While Driving

GNWT Recruitment For Foreign Workers In The NWT

Ministerial Energy Coordinating Committee Work To Date

Recognition of Visitors in the Gallery (Reversion)

Tabled Document 63-16(4): NWT Hospital Satisfaction Report Tabled Document 64-16(4): Community Health Services Satisfaction Report

Tabled Document 65-16(4): Federal Order-In-Council C.r.c., C.1236 Regarding Game Declared In Danger Of Becoming Extinct

Bill 10: Exemption Act

Consideration in Committee of the Whole of Bills and Other Matters

Establishment Of A Full-Time Nursing Position In Tsiigehtchic

Establishment Of A Permanent Long-Term Care Facility In Fort Mcpherson

Report of Committee of the Whole

Orders of the Day

The House met at 1:31 p.m.

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---Prayer

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Prayer

Prayer

The Speaker

Paul Delorey

Good afternoon, colleagues. Welcome back to the House. Orders of the day. Item 2, Ministers’ statements. The honourable Minister of Human Resources , Mr. Bob McLeod .

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Minister’s Statement 52-16(4): Erecruit

Ministers’ Statements

Yellowknife South

Bob McLeod

Minister of Human Resources

Mr. Speaker, the Department of Human Resources launched eRecruit on January 4, 2010. Implementation of eRecruit is being managed in a three-phase process. The first phase of eRecruit allows individuals who are interested in employment opportunities with the Government of the Northwest Territories to view job postings and apply for jobs on-line from anywhere in the world.

In the initial two weeks of eRecruit being launched, we had approximately 8,000 visitors to the site. These visitors came from across the Northwest Territories, Canada and a total of 76 countries across the world. From these visits, almost 800 people have registered on-line which led to 587 applications for the 112 Government of the Northwest Territories’ job openings that had been posted to date.

As Members, we identified an effective and efficient government as one of our goals and priorities for action during the 16th Legislative Assembly.

Efficiencies are achieved through use of automated and technologically current business practices.

Making use of existing government technology, eRecruit provides access to browse employment opportunities as well as apply and manage applications on-line. Other immediate benefits for the government and the Department of Human Resources are reductions in paper-based processes and competition processing time.

Mr. Speaker, key features for applicants are immediate confirmation through e-mail that their

application has been received, the ability to declare their status under the Affirmative Action Policy and the ability to track the status of competitions they have applied on through the entire recruitment process.

The Department of Human Resources is encouraging all applicants to apply via eRecruit but has maintained flexibility for applicants so that applicants are still able to fax, e-mail, mail or drop off their applications to the applicable Human Resource Service Centre. Applicants who choose to submit their applications through fax, e-mail or mail can still check their application status with the Human Resource Service Centre.

Phases two and three of eRecruit will provide a comprehensive job candidate application platform for managers and the Department of Human Resources to allow more work and interaction with applicants be done electronically are scheduled for implementation during the 2010-11 fiscal year.

Mr. Speaker, when fully implemented, eRecruit will transition the Government of the Northwest Territories from a paper-based recruiting system to an on-line electronic recruitment system, allowing for a more streamlined, efficient process of recruiting.

Our investment in strengthening and improving the efficiency of the recruitment process is an investment in the government’s ability to provide services and programs to Northerners through a qualified public service. An efficient recruitment process enables the Government of the Northwest Territories to have the right people in the right jobs at the right time.

Mr. Speaker, I invite all Members and the public to empower your future by visiting eRecruit on the Government of the Northwest Territories’ website at

www.gov.nt.ca

. Thank you, Mr. Speaker.

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Minister’s Statement 52-16(4): Erecruit

Ministers’ Statements

The Speaker

Paul Delorey

Thank you, Mr. McLeod. The honourable Minister of Education, Culture and Employment , Mr. Lafferty .

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Minister’s Statement 53-16(4): Recognition Of Education Leaders

Ministers’ Statements

Jackson Lafferty

Monfwi

Mr. Speaker, February marks an important time to recognize education in the Northwest Territories.

Later in this session I plan to update Members about Education Week that is being celebrated from February 22 through February 26. Across the Territory, there are many people who are passionate about education and training at all levels of our system. Their efforts don’t go unnoticed as their contributions are important for building success.

On the front lines, teachers and college instructors continue finding innovative ways to teach course material,; support staff in our schools are helping students reach their full potential, and department staff are working with education authorities, developing programs that help students achieve their goals. In addition, Mr. Speaker, parents volunteer in our schools and we have industry and community partners who make valuable contributions to our education system.

I am pleased to advise Members that this year we will be introducing a new way of recognizing people who make a difference in Northwest Territories education. I’m excited to announce the creation of an education Hall of Fame to stand as a lasting symbol of our gratitude.

This spring we will honour 12 leaders in education, as they are inducted into the Hall of Fame at a ceremony held here at the Legislative Assembly. Many people deserve this honour, from teachers and literacy coordinators, to volunteers and elders and administrators. While the final list of nominees is not confirmed, this year’s recipients are people who go above and beyond in their support of education. Mr. Speaker, I will be consulting with Members of this House as well as with education authorities, Aurora College and others in identifying people who are making a valuable contribution to education so we can recognize their efforts.

I would like to take this chance to thank our partners in education at the aboriginal governments, at Aurora College, in the communities and everybody who is dedicated to improving education for our people. I believe if we continue fostering partnerships like these, we can look forward to even more success in 2010. Mahsi, Mr. Speaker.

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Minister’s Statement 53-16(4): Recognition Of Education Leaders

Ministers’ Statements

The Speaker

Paul Delorey

Thank you, Mr. Lafferty . The honourable Minister of Health and Social Services , Ms. Lee .

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Minister’s Statement 54-16(4): Drop The Pop Month

Ministers’ Statements

Range Lake

Sandy Lee

Minister of Health and Social Services

Mr. Speaker, the health of our Northerners begins with each individual choosing to live a healthy lifestyle. An essential part of one’s lifestyle is deciding to make healthy food and beverages a part of everyday life.

The Drop the Pop challenge, now in its fifth year, is a positive way for the Department of Health and Social Services to encourage healthy choices and

to raise awareness about the negative effects of too much sugar in one’s diet. Since the inception of the campaign in 2004, we have increased school participation from 13 schools to 40 schools registered this year. I would encourage the remaining schools to visit

www.dropthepop.ca

and

register for this year’s campaign.

February is Drop the Pop month in the Northwest Territories. This year we are partnering with Nunavut and Yukon in a pan-territorial initiative to help people make the choice to “Drop the Pop.” This year’s theme is Strong Bones 2010.

We are strongly encouraging schools across the North to participate in this year’s challenge to promote foods high in calcium and practice healthy eating. This can be achieved by consuming/harvesting traditional foods.

Health and Social Services is also pleased to be working with Education, Culture and Employment (ECE) and grocery stores across the NWT to provide education about drinking too many sugar sweetened beverages. Sugar sweetened beverages are not only linked to weight gain in children, but they are also being linked to weak bones in adults. Too much sugar also results in poor oral health and tooth decay.

Mr. Speaker, this initiative helps maintain a very important goal in the Foundation for Change action plan to ensure health promotion is delivered effectively across the NWT through resources that help Northerners make healthy choices. This initiative has also resulted in the Legislative Assembly “dropping the pop” and that is a move in the right direction.

Recently studies have shown that obesity is emerging as a major threat to public health. In 2008, Statistics Canada reported that 51 percent of adults were overweight or obese. The addition of excess sugar to one’s diet greatly contributes to this health problem. More children than ever are struggling with obesity, high blood pressure and high cholesterol, Mr. Speaker, and we fear that if these trends continue, it is entirely possible that we will see parents outliving their children, as many people are predicting.

The Department of Health and Social Services will continue to raise widespread awareness about the detrimental effects of consuming sugary beverages through our Drop the Pop campaign. We encourage all parents, schools, communities and others to join us in promoting healthy lifestyles by “dropping the pop.” Thank you, Mr. Speaker.

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Minister’s Statement 54-16(4): Drop The Pop Month

Ministers’ Statements

The Speaker

Paul Delorey

Thank you, Ms. Lee . Item 3, Members’ statements. The honourable Member for Sahtu , Mr. Yakeleya .

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Consultation On Caribou Conservation Measures

Members’ Statements

Norman Yakeleya

Sahtu

Thank you, Mr. Speaker. Mr. Speaker, this morning about 5:00, I was reading a book...

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Consultation On Caribou Conservation Measures

Members’ Statements

Some Hon. Members

Oooh.

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Consultation On Caribou Conservation Measures

Members’ Statements

Norman Yakeleya

Sahtu

...Mr. Speaker, and the book is on the Sahtu. I was thinking about the discussions we’ve had the last couple of days about the caribou. In this section, page 46 or so, there’s a discussion about the caribou from the Sahtu perspective. In one of the stories the elders have told, there is a story about near Aklavik there was a discussion, the elders say, about some animals. It was a story about the wolf and the caribou that came together and they were discussing how they were going to live together, Mr. Speaker, and they came to an agreement that the wolf would allow the caribou to live, not wipe out the caribou.

That process, I looked at from the caribou and the wolves’ perspective and the elder’s story was a process of consultation where they come to discuss certain things and they come to an agreement. That’s the process of consultation in the old days, Mr. Speaker.

Today we have different versions, different

definitions we use in terms of consultation. The aboriginal leaders have their definition, the federal government certainly has their definition of consultation, the territorial government has their view of consultation and the aboriginal elders have their view of consultation. Mr. Speaker, even the courts have weighed in regarding consultation. There is the Sparrow test in terms of certain rights that aboriginal people have.

Mr. Speaker, what I want to say in terms of consultation and going forward with this type of issue that is before us in the House here, it has brought forward many passionate views, different views on how we look at things on the land. It’s good because this important issue is being discussed during the House and gives the people an opportunity down the Mackenzie Valley how we need to work together amongst ourselves, what things need to come together for the survival of this herd, also survival of the aboriginal culture and people of the Northwest Territories.

Northerners are known for working out very important issues, issues that are very important, and the principle of the caribou and the people of the Northwest Territories. I wanted to ask the Minister some questions at the appropriate time. Thank you, Mr. Speaker.

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Consultation On Caribou Conservation Measures

Members’ Statements

The Speaker

Paul Delorey

Thank you, Mr. Yakeleya . The honourable Member for Frame Lake , Ms. Bisaro .

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Acknowledgement Of Executive Council And Legislative Assembly Accomplishments

Members’ Statements

Wendy Bisaro

Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, as I considered a subject for my Member’s statement today, I realized I have been taking the government to task for the past week, some might say too harshly. So I thought I would take a look around and see if I could find a few good things happening within the GNWT and the Legislative Assembly. It shouldn’t surprise anyone that I found lots of good results.

For instance, during last year’s budget debate I was very vocal about the millions earmarked for the Olympics, but the money was approved and now the work has been done and the value of the money spent is becoming evident. NWT performers and artists in Vancouver will have the eyes and the ears of people from across Canada and the world. Our Northern House will educate them about the NWT; who, what, and where we are. The NWT will be very visible in Vancouver and the planned activities will do a great deal to promote our Territory. Northern House especially has received rave reviews from visitors and the Vancouver media already.

Again, a few short days before Christmas I was contacted by a constituent with a human resource problem. My thanks go out to the Department of Human Resources for their quick action in solving the problem. I can’t argue with the 24-hour turnaround time.

Thirdly, the announcement in the budget address of a commitment to establish a heritage fund is good news.

The announcement by Education, Culture and Employment of the transfer of responsibilities for public housing subsidies back to the NWT Housing Corporation is also good news; long-awaited, but good news.

Minister Lafferty ’s announcement yesterday that the minimum wage will increase April 1st is music to my

ears. After two years of lobbying and pleading, I’m overjoyed that the GNWT finally saw the light.

The Standing Committee on Government Operations produced a comprehensive and valuable report on NWT official languages. I commend them for their excellent hard work.

The Standing Committee on Social Programs is in the middle of a comprehensive and thorough review of the Child and Family Services Act. Our staff are doing great work and the meetings held to date have been informative and exciting.

Lastly, as added proof that we live in a great place, the northern lights stretched across the sky over my

head two nights ago as I trudged home from work after a long day.

I’m told by my colleagues that the teacher in me comes out now and then. I guess you can take the teacher out of the classroom but can’t take the teacher out of the MLA. So using my teacher voice I say thanks to those responsible for creating these good things and may we all keep up the good work.

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Acknowledgement Of Executive Council And Legislative Assembly Accomplishments

Members’ Statements

The Speaker

Paul Delorey

Thank you, Ms. Bisaro . The honourable Member for Nunakput , Mr. Jacobson .

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Disruption Of Phone Service In Nunakput

Members’ Statements

Jackie Jacobson

Nunakput

Thank you, Mr. Speaker. Today I’d like to speak about telephone service in the North and the problems with the phone services in Tuktoyaktuk this week. Since early last week telephone service has been down. NorthwesTel has experienced problems with one of its frame relays. Technicians couldn’t get to the site until today due to high winds and extreme cold. They found the problem at the Parsons Microwave Site halfway between Tuktoyaktuk and Inuvik. The next day long distance completely failed.

On Friday tower crews were able to fly in with helicopters to repair the structural problem on the microwave tower. Local cell services are in operation, but long distance services are still out.

On Monday NorthwesTel sent in three cell phones to the hamlet office, the health centre, and the power station. More cell phones were sent in for the school, the college, and Aklak Air, but long distance services are still not working for the people of Tuk.

Today we find out that the technician has to wait for the weather. The blizzard warning has ended. I hope phones will be working soon.

Also, not everybody in Tuk has a cell phone, so you know families are not being able to phone in to see how their families are doing due to the weather. Not having operational long distance phone systems in the communities is unacceptable. What if there’s a major accident? Given the few cell phones available could make it difficult to calling Inuvik or Yellowknife for help. Would any other community accept this lack of service?

We need more reliable telephone services in Tuk and throughout the NWT. If telephone service is down, we need to be kept informed from NorthwesTel, the service provider, of what’s going on and what they’re trying to do to fix the problem. The community of Tuk has an FM station now, so they should be keeping the community informed via the radio station.

All this week people were not even able to use their debit card or credit cards to purchase food. These days everybody uses debit cards in the

communities and don’t carry money. So the lack of service and the lack of people able to go purchase food and stuff, the necessities for the family, there should be something...

I seek unanimous consent to conclude my statement.

---Unanimous consent granted.

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Disruption Of Phone Service In Nunakput

Members’ Statements

Jackie Jacobson

Nunakput

With NorthwesTel having the people bear the brunt of this weak service or lack of service in the community for the telephone system, I hope NorthwesTel and our telecommunications rep, our Minister should get a letter into NorthwesTel requesting a full investigation on how they can make better this problem.

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Disruption Of Phone Service In Nunakput

Members’ Statements

The Speaker

Paul Delorey

Thank you, Mr. Jacobson . The honourable Member for Yellowknife Centre , Mr. Hawkins .

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Ban On Cell Phone Use While Driving

Members’ Statements

Robert Hawkins

Yellowknife Centre

Thank you, Mr. Speaker. Mr. Speaker, today there’s still no cell phone ban legislation before this Assembly. There’s not even a legislative proposal coming forward that I’m aware of or anyone’s aware of, that I know. Mr. Speaker, the Minister still refuses to make the call on this issue. I’m not sure why; perhaps maybe just being stubborn. Mr. Speaker, the Minister’s leadership on this issue is so far behind I couldn’t even call him Johnny-come-lately. He just doesn’t care.

Mr. Speaker, I was watching TV the other day and Oprah Winfrey has even weighed in on this issue and she’s set up a blog and a website to show people she cares about this issue. She’s asked people to make pledges to show that they care about this issue, that they will not drive while using a cell phone.

Mr. Speaker, just this week Ontario and B.C. came forward with enforcement on their cell phone ban, which they had passed legislation some time ago. Mr. Speaker, we’re still behind Newfoundland, Nova Scotia, Quebec and Saskatchewan on this particular issue. The Yukon itself has had two people, one on each side of its house, recognize the importance of this issue, one from its government side and one from its opposition side. Mr. Speaker, the trend should be clear. Mr. Speaker, Alberta itself is starting to recognize that this is an important issue that they need to examine thoroughly and find a way and an approach that works for their province.

Mr. Speaker, I talked to the SADD rep the other day and talked about pledge forms. I think something is coming forward where we can start engaging the youth. Maybe the youth need to show the leadership on this particular issue if the Minister refuses to do it himself. I question why do the youth understand this and the Minister does not. Is it one

reason that he feels it’s a Yellowknife issue? Hopefully, he’s certainly come around to that by now. But the fact is it’s a safety issue, Mr. Speaker; a safety issue that at least 90 percent of the population of this country are protected by good legislation that speaks loud and clear. I only wish that Minister would answer that call too. Thank you, Mr. Speaker.

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Ban On Cell Phone Use While Driving

Members’ Statements

The Speaker

Paul Delorey

Thank you, Mr. Hawkins . The honourable Member for Tu Nedhe , Mr. Beaulieu .

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Absenteeism In NWT Schools

Members’ Statements

Tom Beaulieu

Tu Nedhe

Mr. Speaker, the students between grades 1 and 9 in the Northwest Territories, in small, aboriginal communities are missing a lot of school. Right now, about 20 percent, or 900 students across the Territory, aboriginal students, are missing 20 percent of the classes and 500 of those 900 are operating below grade level. Forty percent of those aboriginal students are missing… I’m sorry. Two hundred and eighty students, or 40 percent are missing more than 40 percent of their class and 80 percent of them are functioning below grade level.

Over 50 percent of the non-aboriginal students that miss between 20 and 50 percent are functioning below grade level. Some of them are functioning two or three grade levels behind. Some of them are even higher.

If you look at all of the stats across the Territories you’ll see that 66 percent of the non-aboriginal students that miss more than 50 percent are also functioning below the grade level. So the difference, Mr. Speaker, is that there are only six non-aboriginal students in the whole Territories that are missing more than 50 percent of their classes and less than 70 percent of the non-aboriginal students are missing 20 percent or more. So 50 percent of them are also functioning below grade level. So you can see, Mr. Speaker, that grade level is not associated with non-aboriginal or aboriginal students, but directly associated whether or not the student is attending class.

Mr. Speaker, the GNWT should be hiring people in the small, aboriginal communities to get students to go to school, I guess a little bit like some of the truant officers that they used to have but something a bit different. Mr. Speaker, these employees should be working directly for the Department of Education. We all know the benefits of at least having a grade 12 diploma. Without this diploma there would be very little or no chance of employment. We need employment to cure the social ills of the Northwest Territories. Thank you, Mr. Speaker.

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Absenteeism In NWT Schools

Members’ Statements

The Speaker

Paul Delorey

Thank you, Mr. Beaulieu . The honourable Member for Hay River South , Mrs. Groenewegen .

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Best Wishes To Mr. Tom Makepeace On His Retirement

Members’ Statements

Jane Groenewegen

Hay River South

Thank you, Mr. Speaker. Today I am pleased to recognize the career and dedication of a Hay River resident who has recently retired from the NWT Housing Corporation. Tom Makepeace devoted his career to working for the Government of the Northwest Territories.

For 26 years he provided excellent service and expertise in everything he worked at, from carpentry to administrative duties and the management of the NWT Housing Corporation district office in Hay River.

Tom completed the NWT Carpentry Apprenticeship Program in 1981. After being self-employed at his company called Makepeace Carpentry, Tom began working for the GNWT. From 1983 to 1988 Tom worked for the NWT Housing Corporation as a carpentry foreman in Fort Simpson in the Nahendeh region. He built public housing units and supervised a number of jobs where he was responsible for the completion of significant housing projects including training and supervising of staff.

From 1988 to 1993 Tom performed his duties as a project officer technical coordinator for the NWT Housing Corporation for the South Slave district. During this time he was responsible for inspecting HAP housing projects, public housing construction and home repair programs for homeowners.

From 1994 to 1996 Tom was the manager of technical services in the South Slave district. Communities he served included Lutselk’e, Fort Resolution, Fort Smith, Fort Providence, Enterprise, Kakisa Lake and Hay River. He provided maintenance management to five community-based housing authorities who maintained an inventory of 423 units.

In 1997 Mr. Makepeace advanced to the position of director of the NWT Housing Corporation for the South Slave district office located in Hay River. In his years of working for the NWT Housing Corporation, Tom acted in a professional and compassionate manner providing good judgment and management as well as having an insightful understanding of the people he was serving and their needs.

On a personal level, Tom Makepeace is a well known and respected member of the community who has spent countless hours volunteering. He was appointed to the position on the NWT Trade Qualification Board for carpentry and has served as president of the Hay River Lion’s Club being voted Lion of the Year in Hay River. He has played a

significant role in community, organizing and coaching minor ball and minor hockey as well as participating in these sports himself on a men’s team.

Mr. Speaker, I seek unanimous consent to conclude my statement.

---Unanimous consent granted.

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Best Wishes To Mr. Tom Makepeace On His Retirement

Members’ Statements

Jane Groenewegen

Hay River South

Besides these endeavours that I have mentioned, Mr. Makepeace was also a dog team racer for a number of years and enjoys gardening and reading, especially books and articles on northern history and energy-efficient housing.

Mr. Speaker, Tom Makepeace is a book of knowledge when it comes to housing and home construction in the South Slave. He is a dedicated and loving husband, father and grandfather. I wish him well in his retirement and hope he will now have lots of time to enjoy his hobbies and his family. I would like to thank Mr. Tom Makepeace for his service to the GNWT and wish him all the best in his retirement. Thank you, Mr. Speaker.

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Best Wishes To Mr. Tom Makepeace On His Retirement

Members’ Statements

The Speaker

Paul Delorey

Thank you, Mrs. Groenewegen . The honourable Member for Kam Lake , Mr. Ramsay .

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Consultation On Caribou Conservation Measures

Members’ Statements

David Ramsay

Kam Lake

Thank you, Mr. Speaker. I am going to speak today on the Bathurst caribou issue. Yellowknife has the largest aboriginal population in our Territory. It is home to over 8,000 aboriginal people. I, therefore, have many constituents that are of aboriginal descent and, given the proximity of the communities of Dettah and Ndilo to the City of Yellowknife, the decision to ban hunting in the North Slave region is having a tremendous impact on some of my constituents.

It is very clear the science on the freefall of the Bathurst herd is compelling, but how do over 100,000 caribou disappear in just over five years? One theory is that many have gone east and joined the Ahiak and

herds. For most of us,

what happened to the 100,000 caribou is certainly a mystery.

The fact is the Bathurst herd, as defined by ENR, is in serious decline. Decisions are required to conserve and protect the herd. However, the Minister of ENR has made a decision which directly impacts the Treaty rights of aboriginal people. My fear, Mr. Speaker, is that we are setting ourselves up for a protracted and costly court battle that will only benefit the lawyers that are involved. We need to stay out of court, Mr. Speaker. We need to have a meaningful consultation process with aboriginal governments and leaders. If the consultation

process was done the right way, a solution negotiated between the GNWT and aboriginal governments could have been found. My belief is that it’s not too late to do this.

The Minister has to absolutely take every possible step to ensure consultation contains proper representation from all potentially affected groups. Given the way that aboriginal leaders and people have reacted to the government’s decision, this would indicate, quite clearly, that we have not done the job necessary to both conserve the herd or respect treaty rights.

England’s Royal Proclamation of 1763 recognized the vast area of this continent as aboriginal hunting grounds. One enduring effect of that proclamation has been settler governments’ acceptance that harvesting fish and game is an integral feature of the aboriginal way of life. For aboriginal people, the implication is much stronger. For them the proclamation and treaties it inspired not only recognized but also protected their hunting and fishing privileges.

I seek unanimous consent to conclude my statement.

---Unanimous consent granted.

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Consultation On Caribou Conservation Measures

Members’ Statements

David Ramsay

Kam Lake

We do need to protect the caribou, but how can the Minister of ENR simply ignore the rights of aboriginal people? The failure to negotiate a solution is going to cost this government dearly. Our credibility is clearly in question.

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Consultation On Caribou Conservation Measures

Members’ Statements

The Speaker

Paul Delorey

Thank you, Mr. Ramsay . The honourable Member for Nahendeh , Mr. Menicoche .

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Aboriginal Languages Funding

Members’ Statements

Kevin A. Menicoche

Nahendeh

I would like to speak about aboriginal language funding. Last year, as chair of the Standing Committee on Government Operations and with my fellow Members, I was involved in the review of the Official Languages Act. Our research showed that many aboriginal languages are getting near to or at risk of disappearing.

When we visited communities, people expressed concern. One of the recommendations we made to the Legislative Assembly was to confirm government’s responsibility to support language communities in using, maintaining, revitalizing, protecting, and modernizing the respective languages.

Recently, one of my constituents raised the concern that government has not expended all the funding that is available for aboriginal languages. It turns out that last year 6 percent of ECE’s aboriginal languages budget was not used. That amounted to $645,000 and could have contributed to the

important work. We certainly don’t want to see funds for aboriginal languages go unspent. The previous year before this, $800,000 was unspent.

In November I supported a request on behalf of the Deh Cho Friendship Centre in Fort Simpson for funds to prepare a Slavey CD-Rom. I received a letter back in December from the Minister of ECE indicating there was no funding in the budget to provide for assistance. I was advised that all funding was allocated. I wonder if all these projects and programs are on track to be completed. I have heard that it is sometimes difficult to get contractors to complete these types of projects. I would be happy to hear that this year’s project will be fully expended, but it is a bit hard to believe, given the track record over the past couple of years.

I would like to ensure aboriginal language funding is flexible enough so that budgeted dollars can be used to good advantage towards protecting and revitalizing our aboriginal languages. I would also like to ask the Minister of ECE not to dismiss a unique proposal like this if they are going to lapse hundreds and thousands of dollars.

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Aboriginal Languages Funding

Members’ Statements

The Speaker

Paul Delorey

Thank you, Mr. Menicoche . The honourable Member for Weledeh , Mr. Bromley .

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Clarification Of Energy Issues

Members’ Statements

Bob Bromley

Weledeh

Thank you, Mr. Speaker. Today I’d like to clarify some discussion points on energy issues in a way that will help us move forward on the opportunities we have for developing these should we choose to do so.

At a recent opportunity I had to speak with consultants about energy issues I asked them whether northern utilities provided programs to help residents purchase appliances that would help reduce their energy cost. To my astonishment they responded that alternative energy was something that wasn’t feasible and went on about alternative energy. The response did not have anything to do with the question I asked. I’m concerned that might be a filter amongst others in the House preventing us from moving forward in a progressive way to take advantage of the opportunities we have; opportunities which offer job creation, environmental benefits and, of course, financial savings.

I rarely speak about alternative energy. The government may have a role in research and testing technologies. I speak about renewable energy; energy, forms of technology that are well proven, demonstrated in thousands to millions of homes and businesses around the world and, in fact, applicable here. In almost every case there is an instance or more in the Northwest Territories where these are in place.

When I talk about renewable energy I talk about hydroelectricity. This is off-the-shelf technology, especially run-of-the-river. The Yukon has had these in place for over four decades. We have opportunities and we have spent millions of dollars studying our opportunities, but not once have we put it in place yet.

I talk about solar water heating. We have solar water heaters in the Northwest Territories. They are saving us dollars and have reasonable payback time. This is not something to be tested and so on. These are demonstrated technologies.

I talk about biomass. We know there are millions of homes and tens of thousands of businesses that use this technology. In the Northwest Territories we are using it and in every case we have made big savings, created jobs, and been better off for the environment.

I ask that when we speak about these issues we don’t let these opaque filters slide over our faces, we actually must listen to the words that are spoken and realize that we’re talking here about real opportunities.

I seek unanimous consent to conclude my statement.

---Unanimous consent granted.

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Clarification Of Energy Issues

Members’ Statements

Bob Bromley

Weledeh

I started mentioning the consultants that I had talked to about energy issues. They mentioned that they had read my statement to the House on Monday and again went off on why the alternative technologies were not possible and feasible and so on, no role for research and that. Again that underlines to me the need to be clear when we are speaking about these issues, that we hear the words that are being spoken, realize that I am not speaking in the House... I don’t speak much, if at all, about alternative technologies. I speak about what is actually viable and proven.

These are real opportunities again that can provide us financial savings, provide us jobs, cleaner energy, and represent the responsible action that the world is expecting of everybody. There are individuals, businesses, communities, and entire jurisdictions that are taking this approach around the world and enjoying those benefits. I think we need to lead in that direction.

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Clarification Of Energy Issues

Members’ Statements

The Speaker

Paul Delorey

Thank you, Mr. Bromley . The honourable Member for Mackenzie Delta , Mr. Krutko .

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Consultation On Caribou Conservation Measures

Members’ Statements

David Krutko

Mackenzie Delta

Thank you, Mr. Speaker. I at this time would like to rein in regarding the caribou issue. I believe for one involved in the land claims negotiations going back 15 or 20 years, I think this

was the fundamental element of the Dene-Métis claim; realizing that they wanted more than just hunting rights. They wanted to have the ability to manage the wildlife, manage the forest, manage the resources through an instrument like a land claim to ensure that they do have the tools to be included, be able to consult with their members and, more importantly, to be involved in the decision-making of policies before government makes the final decision.

Allow them to work themselves into systems that allow for the renewable resources board, working with the community renewable resource councils, working with the harvesters, and working with the organizations that are out there. At the end of the day aboriginal people have been maintaining their lifestyle for 10,000 years because of caribou. The importance of caribou that there is on aboriginal culture in the Northwest Territories is important and critical to who they are.

I think it’s essential that this government looks at those instruments and those land claim agreements that have worked in the Inuvialuit Settlement Region, that have worked in the Gwich’in Settlement Region, that have worked in the Sahtu region, and now in regard to the Tlicho communities to ensure that those instruments, and those instruments that aren’t in those other regions, work with those harvesters, work with those aboriginal leaders to clearly demonstrate that we are a consensus government in the Northwest Territories.

We try to work things out, we talk things through, we find solutions to these problems, and not impose restrictive measures on people that get their dander up because they’re upset. If you’re going to take someone’s rights away, at least allow them to be consulted, be involved in that decision, so when the decision’s made we have unanimity, we have people onside, we have people knowing what are the options, what are the alternatives. We’ve done that in other areas.

We have the Bluenose situation in the Beaufort Sea area in regard to working out with the Bluenose Caribou Management Board from the Sahtu, the Gwich’in, the Inuvialuit, to come up with a regime where we have allowed for tags to be issued to communities in regard to that herd so you know how many tags are being used, making sure they have the ability to use those tags. But more importantly, Mr. Speaker, is to find a solution to this problem through dialogue, not enforcement of the powers of a Minister…

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Consultation On Caribou Conservation Measures

Members’ Statements

The Speaker

Paul Delorey

Mr. Krutko , your time for your Member’s statement has expired.

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Consultation On Caribou Conservation Measures

Members’ Statements

David Krutko

Mackenzie Delta

Thank you, Mr. Speaker. I seek unanimous consent to conclude my statement.

---Unanimous consent granted.

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Consultation On Caribou Conservation Measures

Members’ Statements

David Krutko

Mackenzie Delta

Mr. Speaker, as I stated, we cannot use the...(inaudible)...law of the land by way of having a ministerial decision made that is

imposed on the people that have depended on subsistence for years. Mr. Speaker, at the appropriate time I will be asking the Minister some questions around this matter in regard to the legal authority that he made this decision on, what legislative tool was used and exactly what instrument of law, of authority, of powers, where did it come from? Thank you.

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Consultation On Caribou Conservation Measures

Members’ Statements

The Speaker

Paul Delorey

Thank you, Mr. Krutko . Item 4, returns to oral questions. Item 5, recognition of visitors in the gallery. Item 6, acknowledgements. Item 7, oral questions. The honourable Member for Sahtu , Mr. Yakeleya .

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

Norman Yakeleya

Sahtu

Thank you, Mr. Speaker. Mr. Speaker, my question is to the Minister of Aboriginal Affairs . I want to ask the Minister: does the Minister have a government-wide consultation guideline policy when it comes to aboriginal people in the Northwest Territories?

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Yakeleya . The honourable Minister of Aboriginal Affairs and Intergovernmental Relations , Mr. Roland .

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

Floyd Roland

Inuvik Boot Lake

Thank you, Mr. Speaker. Mr. Speaker, the Department of Aboriginal Affairs and Intergovernmental Relations has worked on a consultation framework and worked with departments on our processes and how we interact on business as it involves the aboriginal governments across the Territory. So, yes. Thank you.

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

Norman Yakeleya

Sahtu

Mr. Speaker, the framework that the Minister has made reference and about working with the other departments in terms of a government-wide consultation process, I want to ask the Minister, in terms of this consultation guideline, has this guideline been used in terms of dealing with this issue here that we’re talking about in terms of the caribou and the issues surrounding the banning of the caribou in this particular area?

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

Floyd Roland

Inuvik Boot Lake

Mr. Speaker, the consultation framework that we have been working on and continue to work on implementation plans with departments, it’s up to each department to go through that process and determine the responsibility and the level of responsibility based on the claims that are out there, existing claims. So that’s in place. We provide that and we have some reference material and a consultation resource guide and some training modules that we’re starting to roll out there. But it’s the responsibility of each department, and that goes around the existing frameworks we have in place. As we heard earlier

during the Member’s statements around some of our existing claims and the resource councils and the hunters and trappers councils, for example, those are part of our practice. There is a set difference, though, when it comes to some of the responsibilities that we have when it comes to emergency measures as well. Thank you.

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

Norman Yakeleya

Sahtu

Mr. Speaker, in terms of the consultation framework and the various departments that interpret, I’m trying to think if this is what the Minister is saying, that each department interprets their own process of consultation. Can the Minister then provide to this House in terms of how does the Minister of Aboriginal Affairs monitor and evaluate if this is the process that we’re going to use in terms of lessons to be learned through this exercise.

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

Floyd Roland

Inuvik Boot Lake

Mr. Speaker, the process we have established to clearly define our processes is one where we’re working on an implementation plan. What we do have in place right now, each department is responsible for determining whether a duty exists depending on the claims that are in place, self-government agreements that are in place, the decisions made across Canada that have affected aboriginal rights and responsibilities and responsibilities of governments that have jurisdiction. So that’s in place and each department then, within their authority, has that information available to them.

But we are working on an implementation to make it clear. We’ve been working with the Department of Justice on this and we are working on the implementation plan and prepared to come to Members once we have that plan ready to go. Thank you.

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Roland . Final supplementary, Mr. Yakeleya .

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

Norman Yakeleya

Sahtu

Thank you, Mr. Speaker. Mr. Speaker, one of the legal court cases, I think it’s the Delgamuukw court case that puts the issue of government-wide consultation guidelines in terms of affected parties such as the aboriginal peoples and their rights. The Minister has indicated the implementation plan and possibly this side of the House will see some discussion paper on policy in terms of the consultation. I’m very surprised that we have not yet seen, to date, the implementation plan or just how they’re going to be used by this department.

I would ask if the Minister would share that with the House as soon as possible in terms of having some good discussions as to how we can go forward on this issue such as the one with the caribou.

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

Floyd Roland

Inuvik Boot Lake

We have presented to committee the initial work that we are going to do on consultation. The framework, we’re working on an implementation plan. But that does not mean we have not been in a consultative framework. We, across the government, have a process watching

our claims and trying to ensure departments pay attention to that as we make any decisions around government programs, services, delivery and so on and so forth. But we realize we need to have a clearer framework and that’s what we’re doing. As soon as we have our implementation plan ready, we’ll be scheduling time with committees. Thank you.

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Question 243-16(4): Implementation Of GNWT Consultation Framework

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Roland . The honourable Member for Nahendeh , Mr. Menicoche .

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

Kevin A. Menicoche

Nahendeh

Thank you very much, Mr. Speaker. I led off last week talking about a caribou issue and I’d like to continue with my support for the aboriginal communities and leadership with regard to that. I just wanted to ask the Minister of ENR about how he came to exert his authority over aboriginal treaty rights.

I’ve got in front of me here, Mr. Speaker, a portion of our Northwest Territories Act, which is actually federal legislation under subsection 18. The Commissioner in Council -- which references our Executive Council -- can make ordinances with respect to preservation of game, and as well as the same thing under 18(2), preservation of game in the Northwest Territories. However, under 18(3), Mr. Speaker, hunting for food: nothing shall be construed as authorizing the Executive Council to make ordinances restricting or prohibiting Indians and Inuit from hunting for food.

So how can the Minister exert that kind of authority to restrict Indians and Inuit from hunting food under his powers? Can the Minister tell me that, Mr. Speaker? Thank you.

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Menicoche . The honourable Minister of Environment and Natural Resources , Mr. Miltenberger .

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

Michael Miltenberger

Thebacha

Thank you, Mr. Speaker. When you look at the act in its entirety, and I think

section 16, as well, informs this particular issue. As well, there was an amendment made by an Order-in-Council change made in 1960, which added four species -- the barren land caribou, the muskox, polar bear and the bison -- to a list of being in danger of extinction, which was further translated to become operationalized through the Wildlife Act giving us that authority. Thank you.

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

Kevin A. Menicoche

Nahendeh

Mr. Speaker, the Minister is acting on an Order-in-Council in 1960, Mr. Speaker. That is archaic. That is the middle of the last century, Mr. Speaker. How can he do that? The whole issue is that aboriginal court cases today in the current day here, Mr. Speaker, do recognize subsistence harvesting even if there are low

populations in terms of the cod fishing in the east and the west coast. Once again, I would like to ask the Minister, I’m not questioning his ability to ban caribou, but I am questioning his authority to ban aboriginal people from subsistence harvesting. Thank you, Mr. Speaker.

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

Michael Miltenberger

Thebacha

Mr. Speaker, the reality for us as a territorial government, as Members opposite well know, many of our pieces of legislation, including the Wildlife Act, are very old and need an updating. Our Forestry Act is another act as a case in point. We are not prohibiting subsistence hunting. We are saying yes, the North Slave is a vast area where subsistence hunting is available. In this particular area in the middle, because of the particular herd that winters there, we want to protect that herd because the numbers are low, but there are other opportunities to hunt.

We are fully prepared and willing to work and are, in fact, working with the aboriginal governments to take advantage of the other opportunities that are there recognizing the full right to subsistence hunting, not just Treaty rights but aboriginal right to harvest, because we also have many Metis as well that make use of that right as well. Thank you.

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

Kevin A. Menicoche

Nahendeh

Mr. Speaker, I am still not clear on the powers that he does have to limit aboriginal subsistence hunting. He references an Order-in-Council from 1960 which also references muskox, polar bear and woodland bison which we do hunt, Mr. Speaker, so how can he pick one over the other? I think the case has to be made that the process in his decision-making is about protecting extinct animals, threatened species or endangered species, but he has never given the case to this House or anybody that that is what he is doing. He is only saying low numbers, Mr. Speaker. I would like to ask the Minister on what legal basis is he making this decision. Thank you.

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

Michael Miltenberger

Thebacha

Mr. Speaker, flowing from the Northwest Territories Act, of course, is the Wildlife Act, which another piece of antiquated legislation is being redone but still the tool that we have. It gives us the authority when you put all the pieces together to make those decisions when it comes to responding to conservation issues. Every land claim recognizes that fact. There is a clause in there that entitles the Minister, under very clear, unique circumstances related to conservation emergencies and safety issues, to be able to act in the best interest of conservation.

In this case, we have taken that authority, looked at the numbers. We have extensive science to back it up. In the issue of preservation and conservation, we have made that decision. Thank you.

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Miltenberger . Final supplementary, Mr. Menicoche .

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

Kevin A. Menicoche

Nahendeh

Mr. Speaker, like my colleague Mr. Ramsay said in his Member’s statement, we

are going to end up going to court if this continues. We have the national chief of the Northwest Territories AFN as well probably looking at this legally. At the same time, we’ve got precedence setting court cases. We’ve got protection in our Charter rights, and even in our own NWT Act, Mr. Speaker, it says we cannot prevent aboriginal people from hunting anywhere, any herds. It is not about lifting a ban, it is about allowing aboriginal people to continue to do what they’ve been doing for hundreds and thousands of years, Mr. Speaker. Thank you.

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

Michael Miltenberger

Thebacha

Mr. Speaker, of course, we agreed we are not limiting or restricting or taking away any aboriginal right to harvest. We are just indicating there is a conservation issue and we have to adjust where we hunt to protect the herd. We believe we have the full authority when there are conservation issues that are emergency in nature, which we consider the Bathurst herd to be where the precipitous drop in numbers indicate to us that, if something isn’t done, that herd will in all probability cease to exist. That is the rationale. We have the legislation and we believe we have made the right decision.

I would also point out that we have very strong support from the Northwest Territories Metis Nation and the North Slave Metis. The Tlicho Government has been in support of the intent to conserve and protect the herd. We have some unresolved issues with the Yellowknives. We are, I believe, in the process of and still talking towards sorting those out. Thank you.

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Question 244-16(4): Consultation On Caribou Management Measures

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Miltenberger . The honourable Member for Mackenzie Delta , Mr. Krutko .

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

David Krutko

Mackenzie Delta

Thank you, Mr. Speaker. Following up on my statement earlier, the main estimate in regards to managing wildlife in the Northwest Territories is no longer the Government of the Northwest Territories. It is the Wildlife Boards which have been established under land claim agreements. For those areas where there are no land claim agreements, they still have the right under National Resources Agreements with Ottawa to ensure their fundamental rights are there.

Mr. Speaker, I also want to follow up on questions from my colleague Mr. Menicoche . He mentioned certain sections. Is there a specific

section that you can provide to this House on exactly how the decisions were made and under one section, made reference to an amendment or basically Order-in-Council which was passed in 1960. It does talk about certain species in that act in regards to the barren-ground caribou, muskox, polar bear, wood

buffalo, but yet, Mr. Speaker, the question has to be asked. If that is the Order-in-Council you are following, why is it that this government has been licensing outfitters and allowing major mining development to take place in this herd’s habitat and do nothing about it? Thank you.

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Krutko . The honourable Minister of Environment and Natural Resources , Mr. Miltenberger .

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

Michael Miltenberger

Thebacha

Thank you, Mr. Speaker. Let me restate once again that we do have the authority and we acted on it with very great care and, in our belief, a very measured way. The issue that the Member talks about, resource developments have gone through full environmental assessments, permitting and the regulatory process and have received their approval to operate. While there is some broader issue coming to light as people look at the affects of cumulative impacts that is yet to be dealt with.

But all those projects went through a process that fully engaged all Northerners, all the aboriginal governments and we followed that every step of the way. The outfitters and the time when the numbers were higher were in business but, at this point, there is no harvest but aboriginal harvest in the North Slave. With the Tlicho that covers the area of the Bluenose-East, the Bathurst and with the Ahiak as well are present.

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

David Krutko

Mackenzie Delta

Mr. Speaker, in the land claim agreement, it is pretty clear that prior to any government actions, they have to allow the management authorities to look at those requirements or look at the proposal that the Minister wants to put forward and allow them an opportunity to oversee that proposal, look at the proposal, have public hearings and meetings, have workshops or whatever they have to do to consult with their members.

I would like to ask the Minister exactly under the land claim agreements where it clearly stipulates that the review of proposal of wildlife management actions have to be passed through the management authorities. Did the Minister follow that authority knowing the Wekeezhii board has not had an opportunity to take a full consultation on this matter, is not going to make a decision any time soon, but yet that process has not been enacted? I would like to ask the Minister, have you used that land claims process to come up with a workable solution before you made that decision?

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

Michael Miltenberger

Thebacha

Mr. Speaker, the normal course of events where co-management boards are in a place, that is fully functioning, that is the practice. Every agreement has a caveat or clause in there that, in case of emergency or situations related to conservation and safety, the Minister has the authority to act, to be used very carefully and judiciously but it is there. In the Tlicho, the Wekeezhii process is starting up. In the

Akaitcho, there is no land claim, so we have a complex situation here. The Northwest Territories Metis don’t have a settled claim either.

So we have a very complex process here, a complex political arrangement. The Wekeezhii process was to be completed prior to the hunting season. It wasn’t. We have a gap where we have numbers telling us the herd is in great decline and in serious need of protection. That if something wasn’t done and we had another hunting season of 7,000 to 10,000 animals being taken out of this herd, that it would be putting it very close to the brink of extinction. Therefore, we were of the opinion that we had to act with the band for this very short period.

We had the support of the Métis, the Tlicho, and the Northwest Territories Métis, and we’re working with Yellowknives to resolve the outstanding issues.

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

David Krutko

Mackenzie Delta

One of the main components of the land claim agreements is that we knew at some point we were going to come to this situation. In the future, going forward, under the land claim agreements there’s a

section that talks about the total allowable harvest that has to be considered before you make a decision to take anyone’s harvesting rights away. There is a certain process of who gets excluded first, second, third, fourth, but the last person that you exclude is the aboriginal harvester in those authority areas. Has this government done an evaluation regarding the allowable harvest levels in this region that is being affected?

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

Michael Miltenberger

Thebacha

We have followed that process, that priority list. The only hunting and harvesting that is left in the North Slave at all is the aboriginal harvest. We have indicated that the numbers tell us that the one herd, the Bathurst herd, is in great serious danger of almost extinction if we don’t do anything. We’ve made the decision to help protect the herd to give it a chance to recover. We’ve indicated there are two other herds in the region that have greater capacity to sustain some more harvest, those being the Bluenose-East and the Ahiak.

We’re working with the aboriginal governments to in fact take advantage of that harvest opportunity and to ensure that we still honour the aboriginal right to harvest, and we do once again have the support of the Métis, the Tlicho, and we’re working with the Yellowknives, as we speak, to try to resolve the outstanding issues with them.

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Miltenberger . Final supplementary, Mr. Krutko .

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

David Krutko

Mackenzie Delta

Again I’d like to ask the Minister if he can give us documentation before this House on exactly what decision was made. Finally, was the Cabinet directive given to make that decision?

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

Michael Miltenberger

Thebacha

Cabinet was apprised. The discussion was had. As Minister with

the authority to make that decision after that, I proceeded to in fact carry out with the actions that have happened since then.

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Question 245-16(4): Caribou Management Measures And Land Claim Agreements

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Miltenberger . The honourable Member for Tu Nedhe , Mr. Beaulieu .

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

Tom Beaulieu

Tu Nedhe

Thank you, Mr. Speaker. Earlier I spoke of absentee rates of aboriginal students and how that was directly linked to the functional grade level. I’m going to ask questions of the Minister of Education, Culture and Employment . Can the Minister tell me what he intends to do to deal with this huge problem?

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Beaulieu . The honourable Minister responsible for Education, Culture and Employment , Mr. Lafferty .

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

Jackson Lafferty

Monfwi

Mahsi, Mr. Speaker. There is a challenge that is before us on the enrolment issue. It impacts most of the schools in the Northwest Territories. Clearly we are making substantial changes in that area. There have been numerous meetings undertaken. On the Aboriginal Student Achievement Initiative that’s been undertaken since last April there has been discussion on how we can improve in those areas.

We have an initiative whereby we’ve given funding to school boards, education councils, so they can focus on specific areas of initiatives such as, if I can share the South Slave region where the Member’s school is part of, it will be a Get Real Program: Return, Earn, and Learn. It is an alternative high school program to keep or attract high-risk students, earning industry recognized certificates. Students will work on high school courses at their own pace, evening courses. Those are just some of the examples that have been provided to the regional education boards.

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

Tom Beaulieu

Tu Nedhe

The absenteeism rates may be coming down a bit across the Territories, but absenteeism rates in Tu Nedhe are still fairly high; higher than the average. Will the Minister agree to look at the possibility of hiring parent support workers in some of these smaller communities where absenteeism rates are the highest? Perhaps part of the Building Our Future since this problem impacts the social programs departments.

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

Jackson Lafferty

Monfwi

I agree this could be part of the discussion that the education council could have within their mandate. We have given them additional funding to what we provide on an annual basis, so that could offset the costs of dealing with absenteeism and the enrolment issues that we’re faced with as a challenge. We are making progress. As we started since September to today, we are making slight progress and positive steps. The enrolments are starting to climb again.

Those are discussions that can easily be undertaken at the education council level.

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

Tom Beaulieu

Tu Nedhe

The Minister sits on the Building Our Future strategic committee along with the Minister of Health and Social Services and the Premier . These are two important positions dealing with our social issues across the Territories. Would the Minister ensure that this item is a standing item on the agenda for this committee? The item I am referring to again is the absenteeism rates in small aboriginal communities.

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

Jackson Lafferty

Monfwi

Truly I am part of the committee that has been established. This is certainly one of the highest priorities that we have within our education department, working along with the education council and the Dehcho education authority to improve the enrolment, the absenteeism that’s before us, and to make that a successful project in the communities. We are making progress and will continue to discuss that as a priority item.

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Lafferty . Final supplementary, Mr. Beaulieu .

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

Tom Beaulieu

Tu Nedhe

Thank you, Mr. Speaker. Through this Building Our Future committee can the Minister commit resources or have the committee commit resources to the district education authorities in communities where absentee rates are the highest? I’m talking about resources so these people can maybe hire someone to help the parents get their kids to school.

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

Jackson Lafferty

Monfwi

This could be one venue that we can certainly stress to identify funding, but at the same time there has been huge success in the South Slave region, of which the Member’s schools are part of. We want to use that as a pilot project where they are almost meeting Canadian standards. So certainly those are the areas that we will continue to focus on and would like to use as a pilot project for the Northwest Territories. We’ll continue to make those a success.

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Question 246-16(4): Absenteeism In NWT Schools

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Lafferty . The honourable Member for Nunakput , Mr. Jacobson .

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

Jackie Jacobson

Nunakput

Thank you, Mr. Speaker. My Member’s statement today was regarding the phone lines being down in Tuktoyaktuk for six days. Was the Minister of telecommunications notified by NorthwesTel regarding the situation in Tuk?

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Jacobson . The honourable Minister responsible for Finance , Mr. Miltenberger .

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

Thebacha

Michael Miltenberger

Minister of Finance

Thank you, Mr. Speaker. While we have some involvement with

the telecommunications on the regulatory side, in the normal business operating issues we are not normally involved. So, no, I was not aware and I will have to check with the department to see if they received any correspondence of this particular outage that the Member refers to.

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

Jackie Jacobson

Nunakput

Thank you, Mr. Minister. In regard to the phone lines being down, you know it creates a lot of hardship on families just not talking to their loved ones or even your parents. Is the Minister willing to give his support to the community to make a complaint to NorthwesTel regarding their service?

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

Thebacha

Michael Miltenberger

Minister of Finance

If the Member would send me enough of the information, I would forward it to the department, through the office of the chief information officer, to see what option we have to, in fact, help them further their concern about filing their concern with NorthwesTel. Thank you.

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

Jackie Jacobson

Nunakput

Mr. Speaker, I’d really like to see if the department could also do an investigation in regard to what went wrong and what could be provided for better service, not only for this incident but other problems such as this that could happen in the future. Could we get the commitment from the Minister? Thank you.

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

Thebacha

Michael Miltenberger

Minister of Finance

We have some information that I can share with the Member that we just got though Public Works and other departments. So we can share that with the Member and we can have the discussion about necessary next steps to try to be able to be more responsive to this issue, if that’s possible. Thank you.

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Miltenberger . Your final supplementary, Mr. Jacobson .

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

Jackie Jacobson

Nunakput

Thank you, Mr. Speaker. Mr. Speaker, I look forward to seeing that information that the Minister has. The bottom line, Mr. Speaker, is the safety concerns of the people of Tuk and the people of the Northwest Territories in the remote communities if something like this was to happen. I know we can’t control the weather, but we had three days prior to the blizzard hitting the community of Tuk and the response to the community for the phone line system. Mr. Speaker, I mean, we have to hold NorthwesTel accountable in regard to their action in the service business.

We need to get NorthwesTel to come and meet with the community. Is the Minister willing to help me to ask NorthwesTel to come meet with the leadership of the community of Tuktoyaktuk? Thank you.

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

Thebacha

Michael Miltenberger

Minister of Finance

I understand that long distance service has been impacted but local service and cell phone service is still available. But, yes, I would be happy to talk to the Member. We’ll make sure he gets this information and we

can help him forward his concerns to NorthwesTel. Thank you.

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Question 247-16(4): Disruption Of Phone Service In Nunakput

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Miltenberger . The honourable Member for Kam Lake , Mr. Ramsay .

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Question 248-16(4): Caribou Management Measures

Oral Questions

David Ramsay

Kam Lake

Thank you, Mr. Speaker. Mr. Speaker, I find it hard to believe that as a government we still don’t have a firm consultation policy when it comes to dealing with aboriginal governments in our Territory, considering half the population here, Mr. Speaker, is of aboriginal descent.

Mr. Speaker, we have a duty to be fair. Successful consultation must include a process and a decision. Today across this country, governments are actively engaged with aboriginal peoples. This engagement undoubtedly includes a degree of accommodation and mitigation. Our government cannot continue to downplay the importance of inherent treaty rights. Consultation process needs to be fair, reasonable and transparent. I’d like to ask the Minister of ENR : how does the decision to ban all hunting in the North Slave region accommodate the rights of aboriginal harvesters? Thank you.

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Question 248-16(4): Caribou Management Measures

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Ramsay . The honourable Minister of Environment and Natural Resources , Mr. Miltenberger .

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Question 248-16(4): Caribou Management Measures

Oral Questions

Michael Miltenberger

Thebacha

Thank you, Mr. Speaker. Mr. Speaker, there’s the short-term need, because of the precipitous drop in numbers, for the ban. The long-term goal, to affect the rights of all aboriginal harvesters especially going forward into the future, is to make the right decisions now to make sure that there are caribou, in fact, available to be harvested and so that aboriginal people can, in fact, exercise that right to harvest. Thank you.

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Question 248-16(4): Caribou Management Measures

Oral Questions

David Ramsay

Kam Lake

Other Members have talked about this, but the Sparrow case in British Columbia and the Sparrow test, I wanted to mention this, as well, Mr. Speaker. Is there an existing aboriginal right? Most certainly there is. Under the Sparrow test, does it impose undue hardship? Undoubtedly, it does. Does it prevent the holder of the right from preferred means of exercising that right? Undoubtedly, it does. The Minister’s decision, he says that it was made on the basis of conservation. Now, in that Sparrow test, the government has to recognize a priority for First Nations harvesting. I’m wondering how the government has recognized First Nations as being a priority in harvesting, Mr. Speaker. Thank you.

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Question 248-16(4): Caribou Management Measures

Oral Questions

Michael Miltenberger

Thebacha

We have a clear priority and we have held to that and we have held to it consistently across the Northwest Territories. There’s no more outfitting. There’s no

more commercial harvest. There’s no resident harvest. The only harvest that’s permitted is aboriginal harvest. We’ve indicated that in this one area there’s a need to preserve the herd, but we’ll make an accommodation and we’ll provide the resources to go access and put to use the right to harvest in a carefully controlled circumstance with the Bluenose-East and the Ahiak.

So, Mr. Speaker, we are very aware of our obligation in everything we do and we can point to example after example of how we fully engage in consultation in the past, now, and we’re going to do it in the future. In the case of the caribou, we have done that and we’re going to continue to do that. We have support from the Metis, the Tlicho and we’re going to continue work to resolve the situation with the Yellowknives. Thank you.

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Question 248-16(4): Caribou Management Measures

Oral Questions

David Ramsay

Kam Lake

Mr. Speaker, the Minister talks about groups that are onside, but there are groups that aren’t onside, and I know he says we’re working on it. I’d like to ask the Minister today, how exactly is he working on bringing other groups onside with the decision to ban hunting in that area. Also, how is he going to accommodate the treaty right for aboriginal people to harvest caribou in that zone? Thank you.

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Question 248-16(4): Caribou Management Measures

Oral Questions

Michael Miltenberger

Thebacha

I want to speak first to the issue of, yes, there are some treaty right implications, but the aboriginal right to harvest, as well, includes those of the Metis, and we are very sensitive to those as well. I met with the Yellowknives last night. We’ve had discussions this morning. I met with the Tlicho acting grand chief today along with Minister Lafferty . There are discussions happening this afternoon.

There is active work with the Yellowknives and with the Tlicho to make sure that we can keep moving forward, keeping in mind the primary function and focus of the ban and the purpose of the ban is conservation so that, in fact, for the coming generations there are, in fact, animals to be harvested so that the traditional right and aboriginal right to harvest can, in fact, be put to use. Thank you.

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Question 248-16(4): Caribou Management Measures

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Miltenberger . Your final supplementary, Mr. Ramsay .

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Question 248-16(4): Caribou Management Measures

Oral Questions

David Ramsay

Kam Lake

Thank you, Mr. Speaker. Mr. Speaker, there were two motions recently passed, one in October of last year and another one late last year, pertaining to caribou by the Dene Nation. I was wondering if the Minister is aware of those two motions that were passed and the fact that they show goodwill on behalf of the aboriginal leaders and governments in this Territory. Why is it that we’re in the predicament that we’re in today? Why couldn’t a solution be found to this situation? The goodwill was out there and now we’re left, again, our credibility is suffering because we cannot come up with a solution to this, Mr. Speaker. Thank you.

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Question 248-16(4): Caribou Management Measures

Oral Questions

Michael Miltenberger

Thebacha

I think the Member is over-generalizing. That, in fact, if you look, the Inuvialuit, Gwich’in, Sahtu and the Tlicho, the Metis, we have worked through our arrangements with any decisions on wildlife. Where there are settled claims, we have very solid, productive working relationships on very difficult circumstances. In the North Slave, with the Tlicho and the Metis, and we’re working on the Akaitcho. I think the Member, this is a case of where I believe our glass is about 80 percent or 90 percent full, and we’re working on the final 10 percent with the Yellowknives to come to an accommodation.

I think we should be celebrating the success we have working with aboriginal governments in a whole host of areas, including co-management boards. Thank you.

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Question 248-16(4): Caribou Management Measures

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Miltenberger . The honourable Member for Frame Lake , Ms. Bisaro .

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

Wendy Bisaro

Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I’d like to ask questions again today in regard to an NWT-wide coordinated energy plan. I’m going to direct my questions today to the lead Minister for the Ministerial Energy Coordinating Committee to see whether I can get some more full answers, perhaps.

Yesterday, the Minister of Finance , in answer to my questions, implied that we have a coordinated approach to energy across the NWT. So I would like to ask the Minister for MECC if he can identify for me the one document which outlines all the NWT energy activities for both the government and our residents. Thank you.

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

The Speaker

Paul Delorey

Thank you, Ms. Bisaro . The honourable Minister responsible for the Ministerial Energy Coordinating Committee, Mr. Bob McLeod .

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

Bob McLeod

Yellowknife South

Thank you, Mr. Speaker. I guess I can point out a number of different documents. I can also tell her that the previous two governments created energy strategies that cost about a couple of million dollars apiece both in the 14th Assembly and the 15th Assembly, so we do

have a benefit of those documents. We have a number of different departments that have different responsibilities. I guess a good place to start would be the business plans of this government. Thank you, Mr. Speaker.

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

Wendy Bisaro

Frame Lake

Mr. Speaker, I thank the Minister but, again, I have to ask the same question. I am asking for one document. Does this government have one document which talks about all the energy activities that we do? He’s mentioned that there are a number of documents. I don’t dispute that. There are way too many documents, in my

view. He has also talked about strategies which we paid for many millions of dollars. Where are those? Why aren’t we using them? Is there one document which coordinates all our energy activities? Thank you.

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

Bob McLeod

Yellowknife South

Mr. Speaker, like a well oiled machine, we have a number of different charts and a number of different connections. We do have a number of different departments that are responsible for a number of different things. We have a number of coordinating committees that ensure that all of the provisions that have been identified and the different strategies are provided for. The Department of ENR deals with energy conservation, energy efficiency. We also have ITI that has the energy planning unit. We have the Executive and the Premier responsible for the Northwest Territories.

In our commission, we have the Ministerial Energy Coordinating Committee. We make sure that all aspects of energy are dealt with. As far as having a separate department that would house all of these different responsibilities, well, that is something that is a decision that is made when you look at the structure of government. Up until this point, it has been seen that it can work very well through Ministerial Energy Coordinating Committee. Thank you, Mr. Speaker.

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

Wendy Bisaro

Frame Lake

Mr. Speaker, I guess I have to take from the Minister’s answer... That was a simple yes or no question. I don’t think I heard either yes or no in that answer. So I have to assume there is no one document. I didn’t ask for a new department. I asked for a document.

Mr. Speaker, the GNWT has a Greenhouse Gas Strategy. I believe that we have a target within that strategy. It is probably outdated, but I believe that we have one. I would like to know what our government is doing to include our communities and all of our residents as individuals in setting and meeting their own greenhouse gas targets. Thank you.

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

Bob McLeod

Yellowknife South

Mr. Speaker, as my colleague indicated, we do have a Greenhouse Gas Strategy. It is one that needs to be reviewed and updated. Every community in the Northwest Territories has a sustainable energy plan. It has been provided for through different levels of government funding. Like the Minister of Environment has indicated, it is very difficult for us to go on our own. We have to know what the United States is doing with regards to climate change and greenhouse gases. Here in the Northwest Territories, we only provide for a very small

part in the whole world in terms of greenhouse gas emissions. Although we are the highest per capita as emitters of greenhouse gases, but we do have a process. We do have a Greenhouse Gas Strategy, and we will be updating that strategy. Thank you, Mr. Speaker.

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. McLeod. Final supplementary, Ms. Bisaro .

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

Wendy Bisaro

Frame Lake

Mr. Speaker, I guess I just have to say to the Minister that I have a really hard time with the argument that we need to wait for what the U.S. does or we need to align ourselves with the United States. I am sorry, but we are a Territory in and of our own right. We should be doing our own work and setting our own targets. The fact that it is only a small bit in the environment of the world has nothing to do with the fact that we should do it.

I would like to ask the Minister if he can identify, and this is again in terms of energy initiatives, what the GNWT is doing to educate our residents and our staff about energy initiatives that they can, as individuals, take

part in to better our environment. Thank you.

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

Bob McLeod

Yellowknife South

Mr. Speaker, I did say that, although we are only a small part, we are doing a greenhouse gas review. We will have a Greenhouse Gas Strategy where we will be doing more than our share. I agree with the Member; education is very important to anything that we do. We have the Arctic Energy Alliance, which is funded by a number of government departments. This is something that we focus on continually in the Department of Environment and Natural Resources. There is a whole conservation education department. This is one of the priorities for this government.

Also through the $60 million of Alternative Energy Initiative, we have identified the need for education and we will make sure that we differentiate between energy efficiency and alternative energy. Thank you, Mr. Speaker.

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Question 249-16(4): Coordination Efforts For NWT Energy Initiatives

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. McLeod. The honourable Member for Yellowknife Centre , Mr. Hawkins .

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Question 250-16(4): Legislation To Ban Cell Phone Use While Driving

Oral Questions

Robert Hawkins

Yellowknife Centre

Thank you, Mr. Speaker. Mr. Speaker, I’d like to raise the issue I was discussing in my Member’s statement today and it’s my concern that there is still no legislation, that I’m aware of, on the legislative agenda coming forward in this Legislature’s term.

Mr. Speaker, we have a little more than a year and a half left, and the question keeps getting asked to the Minister of Transportation , where is this legislation, where is the department on this legislation, where is the department on this issue.

So, Mr. Speaker, to the Minister of Transportation : does he expect any legislation coming forward in this term to deal with banning cell phones while people are driving? Thank you.

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Question 250-16(4): Legislation To Ban Cell Phone Use While Driving

Oral Questions

The Speaker

Paul Delorey

Thank you, Mr. Hawkins . The honourable Minister of Transportation , Mr. Michael McLeod .

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Question 250-16(4): Legislation To Ban Cell Phone Use While Driving

Oral Questions

Deh Cho

Michael McLeod

Minister of Transportation

Thank you, Mr. Speaker. Mr. Speaker, the Member is starting to sound like a broken record. Every time he doesn’t get his way, he’s starting to say the Minister doesn’t care, the Minister doesn’t care. That’s a very strong statement to make, given that I take very seriously what the Members raise in this House and outside of this House and what the residents of the North bring forward.

I also have to say where was he when I did make the response on what we were doing with cell phones. Either he doesn’t know what I made in my statement, or he doesn’t care to know what I made in my statement, or he’s totally confused about what I said in my statement. I would certainly be glad to share that s