Jack Iyerak Anawak

[Sahtu Dene And Metis Land Claim Settlement Act, April 25th, 1994]

Mr. Speaker, the attitude of the Reform Party reminds me of the story of Rip Van Winkle who slept for so many years that when he woke up things had changed drastically. I think Reformers are still sleeping with the attitude they have.

Their attitude is surprising when they say how generous the government is. I think the Sahtu Dene and Metis have been pretty generous by giving up 240,000 square kilometres of land to the Government of Canada and only retaining 41,000 square kilometres and 1,800 of subsurface and surface rights. I think that is pretty generous.

I would like to think that the Reform Party can see reason. However, that might be impossible to ask of such outdated thinking.

To the three speakers from the Reform Party, how would they feel if they woke up one morning and somebody said they can live on their land but laws are going to be proposed which they have to obey on how to live, where to live, outlawing their beliefs, taking away their dignity, taking away their hunting rights, not allowing them to vote, putting in a new justice system

that is totally foreign to them, and in the process infecting them with smallpox, tuberculosis and other communicable diseases?

How can they be so dense that they cannot understand that the Government of Canada and the people of Canada are now trying to correct a situation, an injustice that has been around for a few hundred years?

I will repeat my remarks from earlier. The Reform Party members talk as if the aboriginal people are invading their land. It is as if we are taking land away from them. They can record their history in hundreds of years. We can record ours in thousands and tens of thousands of years. The sheer audacity of this group-I am at a loss for words.

How would they feel if they woke up one morning and suddenly found themselves subject to a totally different kind of life than they had been used to for years and years?

Some of them make statements that they are all for aboriginal self-government, self-determination. Strip away that veneer and I think all we see is paternalistic statements from the Reform Party. It is like saying some of my best friends are Indians. It is good to say it but it does not really mean much, because the respect and the support have to be there from within rather than just saying it on the surface.

[Sahtu Dene And Metis Land Claim Settlement Act, April 25th, 1994]

As I said, we are basically colour blind in the Northwest Territories. All the residents will continue to enjoy that privilege.

[Sahtu Dene And Metis Land Claim Settlement Act, April 25th, 1994]

I am sorry I did not get that very important question.

[Sahtu Dene And Metis Land Claim Settlement Act, April 25th, 1994]

Mr. Speaker, in the Northwest Territories we are basically colour blind. The proposal in the Northwest Territories is to have two new territories which are public government concepts. However a large role is played by the aboriginal people in that area.

I answered the question on the basis that the hon. member asked it in terms of the constitution of the Government of the Northwest Territories as it relates to the British North America Act. I was using it in those terms because all the aboriginal people will have a large role in a public government as well as the self-government again because of their sheer numbers.

[Sahtu Dene And Metis Land Claim Settlement Act, April 25th, 1994]

Mr. Speaker, my answer to the first question is no.

In 1999 there is an agreement to divide the Northwest Territories into two. One part will be Nunavut which is the area I presently represent and hope to continue to represent after 1999. The western Arctic will be the area the Sahtu Dene and Metis land claims fall under.

I suspect there will be a lot of discussion on the constitution of the western Arctic portion of the Northwest Territories. It is pretty well settled as to who will define the constitution of the Nunavut area and that is us, the Inuit.

I think all the land claims groups in the western Arctic portion of the Northwest Territories will have a great role in defining the constitution of that western Arctic territory prior to 1999 in order to ensure proper implementation of the western Arctic territory.

Presently all the claimant groups in that western Arctic area are about equal to the non-aboriginal people in that area as well. Therefore I think the groups will have a large role in defining the constitution of the Government of the Northwest Territories in the western part.

[Sahtu Dene And Metis Land Claim Settlement Act, April 25th, 1994]

I rise to address the House on Bill C-16, the Sahtu Dene and Metis Land Claim Settlement Act.

I am extremely pleased to speak in support of the legislation. Bill C-16 fulfils one of the most important commitments made in the red book, a commitment to resolve outstanding land claims. As has been stated on a number of occasions this is a priority for the government.

In the speech from the throne the government made a more specific commitment to put before Parliament legislation to further the implementation of northern claim settlements. Bill C-16 is such legislation. It is an action to back up our words.

Bill C-16 completes some unfinished business. It is a result of governments and aboriginal people working together in a new partnership of trust and mutual respect to ensure more certain and prosperous futures for all northerners.

As hon. members are aware, Bill C-16 implements the land claims agreement signed last September by Canada and the Sahtu Tribal Council, which represents some 2,000 Dene and Metis in the Sahtu settlement area of the Northwest Territories.

In the ratification vote held last July, 87 per cent of the Dene and 99 per cent of the Metis were in favour of the agreement. Voter turnout was very high.

As the Minister of Indian Affairs and Northern Development has stated, the House is now being asked to support the wishes of the Sahtu Dene and Metis as expressed in their ratification vote. I should say that the interests of the non-aboriginal people, northerners and all Canadians are amply protected in the agreement. The certainty of land ownership and rights provided

through the agreement will allow the major resource development projects to proceed. The moratorium on oil and gas exploration will be lifted. I remind hon. members that the government is committed to putting Canadians to work. This agreement will help us do that.

Because of the many benefits it will bring to the settlement area, the Government of the Northwest Territories is also a strong supporter of Bill C-16.

The opening sentence of the preamble in the Sahtu land claim agreement states:

The Slavey, Hare and Mountain Dene of the Sahtu region have traditionally used and occupied lands in the Northwest Territories from time immemorial.

The location of that statement as the first sentence in the preamble is significant. It is the reason we are here today.

The land claim agreement and the bill before us recognized that the Slavey, Hare and Mountain Dene as the original inhabitants of the Sahtu region have aboriginal and treaty rights. These rights have been translated and affirmed through negotiation into the rights contained in the land claim agreement before us. It is a fact that the rights of the original inhabitants of the Sahtu have not been adequately dealt with in the past. The agreement returns to the Sahtu some measure of control over what happens to land and resources in their homeland.

I draw the attention of hon. members to the objectives of the land claim agreement. The objectives stress the cultural and economic relationships which the Sahtu Dene and Metis have with the land. The preservation and the strengthening of these links, along with the clarification of land and resource rights contained in the agreement, provide the basis for a renewed partnership in a very important region of the western Arctic.

The Sahtu settlement area encompasses some 280,000 square kilometres of land in the Mackenzie Valley. Under the land claim agreement the Dene and Metis will own more than 41,000 square kilometres of that area, including the mineral rights of about 1,800 square kilometres. The Sahtu Dene and Metis will also own a wide range of specified substances under settlement land. These include carving and construction stone, gravel, gypsum, peat, sand and other substances.

Under the agreement there will be two categories of Sahtu land. The first category is settlement land, which will be outside municipal boundaries. Sahtu municipal land, the second category, will be those lands located within municipal boundaries. Certain special conditions will apply to settlement land to ensure that it is never lost to the Sahtu Dene and Metis.

For example, these lands may never be sold, mortgaged or seized under court order. They will enjoy special tax treatment. If any of the land is expropriated, the government guarantees that it will be replaced so that the initial amount of settlement land is never reduced. Sahtu municipal land will be treated like other privately owned municipal land in that it may be sold or mortgaged. However, if Sahtu municipal land is sold or granted to an individual, it will no longer be considered Sahtu land and the provisions of the agreement will not apply to it.

In this agreement third party interests will be protected and will continue. As I mentioned earlier, the certainty of ownership and rights this agreement will bring about are important for the non-aboriginal people of the Northwest Territories, as well as the aboriginal beneficiaries.

The settlement agreement should lead very quickly to new investments in the oil and gas sector, which in turn will mean employment and business opportunities for all northerners. Before any oil and gas developments can proceed, however, Canada must provide the Sahtu Tribal Council with an opportunity to present its views on the matter. This is a key principle of the land claim agreement.

As well, any operator proposing such activities must consult with the beneficiaries on such issues as environmental impact, potential impacts on wildlife harvesting, and Sahtu Dene and Metis employment opportunities. Similar consultations will also be required prior to the development or production of other types of minerals.

The settlement agreement also provides a fair and equitable financial settlement to the beneficiaries. Over the next 15 years the Sahtu Dene and Metis will receive payments totalling 75 million in 1990 dollars. They will also receive a share of the resource royalties from projects in the Mackenzie Valley. This will amount to 7.5 per cent of the first $2 million of resource royalties received by the government and 1.5 per cent of additional royalties.

Special efforts will be made to strengthen the traditional economies and economic self-sufficiency of the Sahtu Dene and Metis.

As the minister has already stated, governments are committed under the agreement to providing economic opportunities related to guiding, lodges, naturalist activities and commercial fishing.

These and other provisions will enable the five Sahtu communities in the settlement area to improve their social and economic opportunities to control their own destiny. It is they who will make the decisions. Promoting self-determination by aboriginal communities is a goal that is shared by all Canadians.

The settlement agreement accommodates the government's objective of increasing the participation of aboriginal peoples in the decision making process.

The Sahtu Dene and Metis will be full and equal partners in a renewable resources board that will be created to manage wildlife harvesting in the settlement area.

The board will also have the power to establish policies and propose regulations for all aspects of wildlife harvesting and commercial activities relating to wildlife.

The Sahtu Dene and Metis will also participate fully on boards responsible for land use planning, environmental reviews and the regulation of land and water use in the settlement areas. These boards will be institutions of public governments within the settlement area. The agreement will also provide constitutional protection of the special wildlife harvesting rights the Sahtu Dene and Metis will have in that settlement area, including the exclusive right to trap.

If for conservation reasons harvesting quotas must be set on certain wildlife species or populations or in certain areas, the harvesting needs of the Sahtu Dene and Metis will have first priority.

The wildlife harvesting provisions of the agreement are extremely important to the Sahtu Dene and Metis and other northerners. Each Sahtu community will establish a renewable resources council to manage the harvesting rights provided under land claim agreements.

I am pleased that Bill C-16 provides for the negotiation of self-government agreements with the Sahtu Dene and Metis. It guarantees them a role in any process to reform the constitution of the Northwest Territories.

I assure my hon. colleagues the agreement that will be put into force by Bill C-16 does not affect any aboriginal rights the Sahtu Dene and Metis may have to self-government.

A great deal of effort has been devoted to ensuring full and proper implementation of the Sahtu Dene and Metis land claim settlement agreement. In mid-1992, when the terms of the agreement were taking effect, a special working group was established to develop a 10-year implementation plan. This plan, which was signed at the same time as the land claim agreement, identifies all the obligations contained in the agreement, the activities required to fulfil those obligations and various other responsibilities, time frames and resource requirements.

The implementation plan however is an accord among the parties to the land claim settlement. It is not part of the settlement agreement and therefore will not receive constitutional protection. Nevertheless it is a vital document because the land claim settlement must be properly implemented in order to fulfil its aims.

The implementation plan is extremely detailed. It reflects the commitment of all parties to ensure that the letter and the spirit of the agreement are fulfilled. It sets out more than 100 separate obligations, some of which may involve up to 20 distinct activities. All parties to the plan have responsibilities to fulfil many of these obligations. This underlines the fact that the Sahtu Dene and Metis land claim settlement imposes obligations not just on Canada but on the aboriginal beneficiaries and the Government of the Northwest Territories. It also emphasizes the need for all parties to work together in implementing the agreement.

A key focus of the implementation plan is to give substance to the commitments in the land claim agreement that the Sahtu Dene and Metis will have genuine and meaningful participation in the institutions of government.

To further the goal of successful implementation of the agreement an implementation committee will be formed comprising representatives of Canada, the territorial government and the Sahtu Tribal Council. The committee will guide the implementation process for at least the first 10 years, monitor the status of the implementation plan and, if necessary, amend the plan. It will also report each year on the implementation of the Sahtu agreement.

One of the first orders of business will be to establish an enrolment board which will determine eligibility for benefits under the agreement. Eligible Dene and Metis living within or outside the settlement area may also enrol with the board as beneficiaries of the agreement. To be eligible they must be Canadian citizens and Sahtu Dene or Sahtu Metis as defined in the agreement.

An aboriginal person who is not Sahtu Dene or Metis but lives in the settlement area and is a Canadian citizen may also be eligible to enrol after the settlement is in effect. This will be achieved through a community acceptance procedure which will be decided by the Sahtu Dene and Metis.

The Sahtu claim is the second regional Dene and Metis claim to be settled. The first settlement with the Gwich'in in the Mackenzie Delta came into force in December 1992. This agreement is now being implemented.

With the co-operation of hon. members on both sides of the House we can ensure the Sahtu Dene and Metis will also soon be benefiting from their own land claim agreement.

I urge my hon. colleagues to support Bill C-16. This claim will benefit all Canadians.

[Sahtu Dene And Metis Land Claim Settlement Act, April 25th, 1994]

Madam Speaker,

[Editor's Note: Member spoke in Inuktitut]

Listening to the two members from the Reform Party one would think we were invading and taking over the land they have always occupied.

After listening to what they are saying it seems we are going in as aboriginal people and saying that they should excuse us but we are taking over the land. They never quite point out that the people they are talking about, the Sahtu, whose land claims we are discussing today, have been in that neighbourhood for 36,000 years.

One would think after listening to the previous speaker-I will get to the question-that the aboriginal people were just there to invite the Government of Canada to take over our land and say it is all yours. It was not quite like that. There were losses imposed whether it was renewable wildlife loss, or social loss like custom adoption or mission schools that were imposed on the aboriginal people.

We did not ask for any of that. We did not ask for a lot. Somebody told us that we could not hunt geese in the springtime which we have always done. We could not hunt muskox or whales any more because they were almost extinct because some hunters and whalers came along and hunted all the muskoxen, whales, and whatever else.

The member talked about mosquito infested areas and the hardships that his grandparents went through. We think it is a beautiful land. We do not talk about the mosquitoes infesting the land or cold and hardships. It is our land. We like it. It does not matter whether there are 10 million mosquitoes around. It is a beautiful land. We do not describe it as mosquito infested or cold and harsh.

The attitude of people like the member who just spoke and the other Reform member who spoke earlier, I repeat, is unbelievable. We are not asking him to accept the guilt. All we are doing through this legislation is trying to right the wrongs that were done to the aboriginal people of that area, in this case, the Sahtu. Words fail me because it is too unbelievable to even contemplate the attitude of the Reform Party.

I would ask a couple of questions. If we look back far enough, we will find that the lands that were occupied for the last 30,000 years were occupied by the Dene. If the member wants to trace his history in that area, he would go back no more than a couple hundred years, if that far.

Should there not be some justification in settling a claim with the people who have occupied that land and who can trace back their occupation in tens of thousands of years? Second, would he not agree that the right thing to do would be to recognize the aboriginal people's inherent right of self-government and that the aboriginal people deserve to have that recognition?

[Purchase Of Properties In Oka, April 22nd, 1994]

Mr. Speaker, no decision has been made with regard to the property south of highway 344, but the minister is willing to meet with these people and I am sure that will be forthcoming.

[Controlled Drugs And Substances Act, April 19th, 1994]

[Editor's Note: Member spoke in Inuktitut.]

I am pleased to respond to the question raised by the hon. member for Jonquière on March 18. The answer to his question about the federal government's strategy for implementing the recommendations made in the Human Rights Commission's report can be found in the red book, otherwise known as "Creating Opportunity: the Liberal Plan for Canada".

He has to understand that it took many years to get to the stage where we are now starting to discuss self-government issues with the aboriginal groups of Canada. It is going to take some time to get agreement from the different aboriginal groups whether they are Indian, Inuit or Métis. He has to understand it is going to take some time. It took us an awful lot of time to get to the stage of what he calls complete confusion. It is going to take a while to try to sort out that confusion. I ask the hon. member to be patient and assure him that we are working on those things.

The federal government's red book has identified many of the same issues as those outlined in the commission's report: the aboriginal right to self-government, land claims, the Indian Act and aboriginal justice. These are priority areas which the federal government has dedicated itself to working on in partnership with aboriginal people. Together we must find solutions that will lead to improvement in the economic and social conditions in First Nations communities.

The federal government is acting on the premise that the inherent right to self-government is an existing right in the Constitution. The Minister of Indian Affairs and Northern Development, as I said earlier, has initiated a discussion process with aboriginal leaders and leaders of the provincial and territorial governments.

Following these discussions the federal government intends to translate its policy intent into concrete action. When aboriginal people assume more control over their own lives, we will be in a much better position to make the kind of changes that will work best in our communities.

[National Aboriginal Languages Month, March 24th, 1994]

Mr. Speaker, March is National Aboriginal Languages Month. Today I want to honour these languages, the first languages in this country.

I encourage the members of this House and all Canadians to support aboriginal peoples in their struggle to preserve and promote their languages. Of the 53 aboriginal languages in Canada, only three have a good chance of surviving, one of which is Inuktitut which I just spoke.

The NWT is the only jurisdiction in Canada which recognizes aboriginal languages as official languages. Through the federal NWT Language Co-operation Agreement, aboriginal languages in the Northwest Territories receive protection and assistance.

This agreement is significant and I commend its objectives to all Canadians.