Bill C-15 (Historical)

Northwest Territories Devolution Act

An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations

Part 1 enacts the Northwest Territories Act and implements certain provisions of the Northwest Territories Lands and Resources Devolution Agreement. It also amends and repeals other Acts and certain orders and regulations.
Part 2 amends the Territorial Lands Act to modify the offence and penalty regime and create an administrative monetary penalty scheme. It also adds inspection powers.
Part 3 amends the Northwest Territories Waters Act to make changes to the jurisdiction and structure of the Inuvialuit Water Board, to add a regulation-making authority for cost recovery, to establish time limits with respect to the making of certain decisions, to modify the offence and penalty regime, to create an administrative monetary penalty scheme and to make other changes.
Part 4 amends the Mackenzie Valley Resource Management Act to consolidate the structure of the Mackenzie Valley Land and Water Board, to establish time limits for environmental assessments and reviews and to expand ministerial policy direction to land use planning boards and the Mackenzie Valley Environmental Impact Review Board. This Part also amends the administration and enforcement provisions of Part 3 of that Act and establishes an administration and enforcement scheme in Part 5 of that Act, including the introduction of enforceable development certificates. Moreover, it adds an administrative monetary penalty scheme to the Act. Lastly, this Part provides for the establishment of regional studies and regulation-making authorities for, among other things, consultation with aboriginal peoples and for cost recovery and incorporates into that Act the water licensing scheme from the Northwest Territories Waters Act as part of the implementation of the Northwest Territories Lands and Resources Devolution Agreement.

Motions in Amendment

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I want to thank my colleague from Labrador for her discourse this morning. It was demonstrated at the hearings in Yellowknife that she actually listens to people and hears what they are saying. An important part of the work that we do in Parliament is to actually hear what the citizens of this country say. Quite clearly, in those hearings in Yellowknife, there was an overwhelming desire for people to leave the regional boards alone.

We have not put forward an amendment to delete all the sections within the changes to the Mackenzie Valley Resource Management Act. I think we all recognize that the federal government, in giving more powers to the territories, has a responsibility to hold on to some, and it has increased, in many ways, its powers within the Mackenzie Valley Resource Management Act.

Does my colleague think that the people, the citizens of the north, the first nations, would be satisfied with these amendments? Would they be completely satisfied if the regional boards were put forward as the way to go in the future?

[Yvonne Jones, Liberal, Labrador, NL]

Mr. Speaker, it is quite obvious to me that the aboriginal governments are not satisfied with the composition that is being proposed. They felt that under the current structure, as aboriginal governments, they have more say and more control over the lands upon which they live.

What they were asking and pleading for the government to do in that forum in the Northwest Territories was to listen to what they had to say and make the proper changes to the board composition to allow them to have what it was that they desired. In fact, they would have preferred if the board had been left as it is.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I am pleased to have the opportunity to speak to the bill, a bill that affects my life, the life of my children, the life of my grandchildren, and the lives of all my friends and relatives who live in the Northwest Territories. The bill is part of our life, and we are the only ones who really are affected by the bill. The bill is for us. Our point of view is very important.

I want to thank the leader of the official opposition for standing and speaking to the bill at what all have said in the House is a critical moment in the constitutional development of Canada. I am very pleased that he has taken the time to do that.

Devolution is well supported in the Northwest Territories. We do not have to argue about that. We do not have to work very hard on that section of the bill. We did get one or two amendments that help a little bit and make this bill more equitable throughout the three territories.

The contentious part is the changes to the Mackenzie Valley Resource Management Act. There is a clear consensus that the one thing that is not appropriate is the change from the regional boards to a superboard. It is inappropriate, counterproductive, divisive, and destabilizing, all the things that we do not want to have happen in the Northwest Territories. These are things that go much beyond the addition of a few extra people sitting on boards that decide the future of the Northwest Territories. This has massive consequences to all.

Our amendment today to restore regional boards is a matter that will strengthen Bill C-15. It will strengthen devolution. It will ensure stability. It truly is representative of the wishes of the people in the Northwest Territories. I urge the government to support this amendment. This amendment can only help to create a bill that will heap praise on the government's shoulders. By supporting the amendment, the government will show its humanity and its desire to do the right thing.

I want to review how we got here, as presented in testimony.

The first step in that was with the McCrank report. When Mr. McCrank stood in front of the committee, he admitted that the idea of a superboard was his idea. There was no one in the Northwest Territories who had suggested that to him. That idea came from him, from an Alberta person who ran the Alberta Energy and Utilities Board. Of course he thought that the structure should be similar to the one in Alberta, but that is not what we have set out to do in the Northwest Territories. We have set out to have regional governments and aboriginal governments, whether they are Inuvialuit—who are keeping their regional boards, by the way—or the Sahtu, the Tlicho, and the Gwich'in, who have made agreements.

My colleague across talked about contemplation of a single board within the land claims. Contemplation does not mean agreement. Contemplation does not mean that the government can go ahead without full negotiation to change a land claim just because something is contemplated within an agreement.

After the McCrank, report the government hired Mr. John Pollard to be its chief federal negotiator. It is interesting that the testimony from the Tlicho indicated that in 2011 they gave the government a protocol framework for negotiating changes to the Mackenzie Valley Resource Management Act. They were willing to work with the government to do the right thing, to make changes, to make the system more efficient. They set out a protocol. That protocol was shelved.

In testimony, Mr. Pollard admitted that it was just taken as information. Nothing was done with it. As a result, governments and Mr. Pollard held many meetings, but they were not in any framework that had been agreed upon by the two elements of the land claims, the first nations who have treaty rights and treaty responsibilities to their citizens and the Government of Canada representing the crown. There was no agreement on how to negotiate changes to these land claims.

That is where the government falls flat on its face.

In the fall of this year, departmental officials then presented bills to the first nations. They presented a separate bill for devolution and a separate bill for the changes to the Mackenzie Valley Resource Management Act. They were never taken together.

Bertha Rabesca Zoe, legal counsel for the Tlicho government, stated:

In that October session I asked the federal officials who were there doing the presentation whether those bills would be bundled as an omnibus bill, and we were never given a response....

Mr. Daryn Leas, legal counsel for the Sahtu, stated:

Never once were the federal devolution negotiators able to provide any substance or details about the Mackenzie Valley legislation in the proposed amendments.

That is the state of the consultation that was taking place on this act, Bill C-15.

The process on devolution has been going on for 20 years. The problem we had with devolution was getting first nations governments on side. Premier McLeod accomplished that for devolution. We have heard the testimony of Premier McLeod. He did not involve the first nations in discussions about the Mackenzie Valley Resource Management Act. He said that was not their business. Once again those regulation issues were designed to be kept separate.

Today, we have put forward an amendment to bring peace to this issue. Regional boards are working fine today.

I quote Mr. Tom Hoefer, executive director of the NWT & Nunavut Chamber of Mines, who stated:

We recognize that the aboriginal community is validly concerned by the loss of the existing regional panels. You should know that a number of industry members, especially those who have developed close working relationships with the regional boards, have likewise expressed reservations.

Does that sound like industry is offside on the regional boards? It does not.

How does this uncertainty serve anyone's purpose? We are likely to be caught up in litigation. We are likely to have a new government in a year and a half. Would members not agree? We will have to fix these mistakes that have been made here, because the Conservatives' attitude of ignoring the wishes of the people will eventually catch up to them, and they will be thrown out of office.

I would say to the Conservatives that they should do their job, listen to people, hear what they have to say, and hear what the people in the Northwest Territories have to say about the laws that affect only us, the laws with respect to how we want to develop.

We are asking the Conservatives to listen to us and hear us. Then, perhaps, if they follow that lesson with us, they may follow it with others and they may find that their political careers can be extended.

The north is a great adventure. I have been part of it my whole life. In the end, we will do the right thing. In the end, we will create a territory with a unique and powerful system of government. The Conservatives should join us in doing that. This is a simple amendment that does not change much at all but represents so much to us.

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, while I do not agree with much of what the member for Western Arctic said, I appreciate his passion.

He mentioned that there will be a change in government. I think there may be a change in the member for Western Arctic in a year and a half, but we will get on to the question that he talked about.

I know the NDP does not support responsible resource development. The member has made numerous comments in that regard.

When we were in Yellowknife, we saw the chart of the exploration funding plummetting off the end of the table because of the uncertainty in the regulatory regime in the Northwest Territories. I know that resource development does not concern the NDP. However, he talked as well about the north and this being a decision for northerners. The Government of the Northwest Territories, a consensus government, voted 17 to 1 in favour of devolution. The premier has said

We need an efficient and effective regulatory system in the Northwest Territories that protects the public interest, allows us to manage our land and environment and promotes responsible development.

Can the member explain why his leader said that regulatory improvement is “holding devolution hostage”? Why does the NDP not stop holding this bill hostage and let us deliver to the people of the Northwest Territories what they are looking for?

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, those comments are not really worthy of my colleague across the way, who has shown himself to be quite a reasonable fellow most of the time. My colleague knows that is the only thing we are standing up on today. We are saying that if this amendment goes through, we would be very willing and happy to give the Conservative government accolades for what it is doing with this. This is the area of dispute.

When the territorial premier spoke about the Mackenzie Valley Resource Management Act, he said it was not his responsibility to inform anyone about the federal legislation. The federal legislation, being the changes to the Mackenzie Valley Resource Management Act, was never discussed at the territorial legislative assembly. It was never given air. Therefore, when my colleague suggests that the territorial premier has any mandate to speak about that legislation, quite clearly he said he does not have a mandate to speak about it.

The expression of this affair was what happened in Yellowknife in front of the standing committee, and the member knows very well that the people interested in the Mackenzie Valley Resource Management Act spoke up very strongly and said their piece. I hope he will continue to listen to them.

[Yvonne Jones, Liberal, Labrador, NL]

Mr. Speaker, I certainly want to thank my colleague for his speech today on this particular bill. I know it is very important to him and his constituents. He talked about what we heard in all of the presentations in the Northwest Territories, that being the concern over the regional boards and doing away with the process for the superboard, which would allow less representation for the aboriginal governments, especially for the Gwich’in, the Sahtu, and the Tlicho.

With the passage of this bill without any amendments to the water management board itself, what would be the impact on those three particular aboriginal governments in going forward with the work they have to do for the people in their particular areas?

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, the testimony in front of the committee was that through the regional boards, those three organizations were well represented and those regional boards had delivered environmental regulations in a very effective fashion. That was backed up by the 2010 NWT environmental audit. Those boards were working, and the people had capacity within their own regions to understand the issues surrounding development. That is absolutely the most important thing that can happen for people in a region: to understand what is going on with the development. When it is clearly expressed and understood by people they trust, that will lead to the efficient development of resources, and that is the case. It is not going to happen if they do not have that trust.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, it is an honour to speak to Bill C-15, an act to replace the Northwest Territories Act.

I want members of the House and people who are watching today, especially those in the Northwest Territories, to know that the member for Western Arctic has been a vocal advocate for the Northwest Territories. He is a native, and that shows in his commitment to the people of the Northwest Territories. He has been vocal in bringing their views into the House and addressing some of their concerns, unlike the Conservatives, who have failed to listen to all of the stakeholders that have voiced their concerns in regard to this legislation.

Bill C-15 would transfer more powers to the Northwest Territories. The provinces already look after their resources and their waters. This legislation would amend the Northwest Territories constitution to allow it to make decisions on local interests.

The Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development said that the bill is holding hostage the development of resources in the Northwest Territories. My question for him is: What has taken the government so long? The Conservatives have been in government for eight years. They are the ones who are creating this uncertainty. They could have brought in this devolution legislation a while ago, but they chose not to do that. We on this side of the House totally agree with the Northwest Territories on transferring power in regard to managing its own resources.

There is usually a little caveat in each bill that the Conservative government brings in. There is also a caveat in this legislation. This movie has been played over and over again. The government brings in a bill containing a few good things, but there are also a few poison pills in it. This legislation is similar.

People in the Northwest Territories want proper devolution. A lot of people in the Northwest Territories are not too pleased about the proposed changes to the Mackenzie Valley Resource Management Act. Of course they want devolution transfer of powers to make local decisions, and that makes sense. We agree with that. We agree with people in the Northwest Territories. We have been advocating for the transfer of more powers to the territories so it can make decisions with local input in its development.

Making one trip a year to the Northwest Territories does not mean the Northwest Territories are being looked after. The Conservatives have had the last eight years to bring this legislation forward, but they did not do that. We are glad that they have finally got it together.

This particular bill would basically transfer administrative powers to control of public lands, resources, and rights in respect of waters in the Northwest Territories. There is huge support among the government of the Northwest Territories, first nations, and Métis groups. They wanted this transfer of powers many years ago, and we are glad the government is going to do that.

People in the Northwest Territories are concerned about the proposed changes to the Mackenzie Valley Resource Management Act. Their regional boards work very well and make local decisions. This bill would dissolve those local boards and put in a superboard that would look after the Northwest Territories.

I would like to quote from a number of people who have expressed concern about the proposed changes to the MVRMA.

Bob Bromley, MLA, in February 2012 pointed out, “The federal government’s proposal to collapse the regional land and water boards into one big board is disturbing, unnecessary and possibly unconstitutional”. He went on to say that “a single board does nothing to meet the real problem: failure of implementation”.

Again, we have seen over and over that when this House makes changes to laws, makes laws, or has legislation in front of it, our responsibility is to consult the stakeholders, to bring in experts and people who are going to be affected. We listen to them, and we make proper legislation that would have maximum benefit for Canadians.

We have seen over and over again where Conservatives fail to consult their stakeholders, people who are going to be affected by particular legislation, and that is the case with this legislation, especially in regard to the changes that would be made to the Mackenzie Valley Resource Management Act. Over and over we have heard from the hon. member for Western Arctic who has spoken up for the people of Northwest Territories, that the people on the ground were not sure whether the changes to this act were going to be made by two bills: to have the devolution bill, transfer of powers in regard to resources and management control over administration in one bill; and then look at changes to the Mackenzie Valley Resource Management Act separately. Yet, the Conservatives chose not to do that.

I have to hand it to the Conservatives here because they usually do not like amendments. I have seen thousands of amendments from the opposition parties being defeated in various different bills. With this particular bill, the Conservatives accepted two NDP amendments and that is because of the hard work of the hon. member for Western Arctic. As I have said, he speaks up for people from the Northwest Territories. We have seen the Conservatives not wanting to make changes that people on the ground want. We have introduced a couple of amendments at the report stage that we would like to see Conservatives support, so they can listen to the very people on the ground who are demanding these changes be made. I am hoping my Conservative colleagues will look at those changes.

There are others who have validated in support of devolution, and which we support and have encouraged the government to transfer these powers. Again, it has taken the Conservatives eight years to get to this point, to make these changes, and we support those because those changes would allow for decisions to be made at a local level, that will have local input, that will provide stability. Of course, it would provide stability for resource development in the Northwest Territories.

Here is a quote from Robert McLeod, the Premier of the Northwest Territories. He is supportive of devolution. He said:

This Assembly has a vision of a strong, prosperous and sustainable territory. Devolution is the path to that future. Responsibility for our lands and resources is the key to unlocking the economic potential that will provide opportunities to all our residents.

He said this in June 2013 in the legislative assembly. Of course this will provide for prosperity for the Northwest Territories, and the NDP has been advocating for the people of the Northwest Territories.

I encourage my hon. colleagues across the aisle to support the amendments that we are proposing so that the people of the Northwest Territories can see a change, can see sustainability, can see resource development, and can have their voices heard in this House.

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I would like to congratulate that northerner from Surrey North for his comments. However, there seemed to be a stunning lack of knowledge on the file, with his speech. The member for Western Arctic has told us to slow down, the Leader of the Opposition said to take it easy, and this member asked why we did not do it the first day we took office, that we should have just rammed it through.

In fact, just the act of moving this implementation one year forward was a herculean task that the department and the Government of the Northwest Territories and the Minister of Aboriginal Affairs and Northern Development should be congratulated for. To say we should have done it eight years earlier is just bizarre.

The member talked about how well the regulatory system is working in the Northwest Territories. Yes, there are some mines in operation, but the exploration dollars are falling off the end of the table. The investment dollars are drying up in that area, and we want to devolve a regulatory system that is efficient and effective.

Is the hon. member's opposition to responsible resource development so strong that he wants to keep in place a regulatory regime that actually discourages investment?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, there we go again. The Conservatives are making up more of their own facts and figures as to whether we are for or against development. I can assure the member that we are for responsible, sustainable development in the Northwest Territories.

Regarding his question on speeding up or slowing down the process, New Democrats have always supported more resource management at the local level in the Northwest Territories. We have encouraged the government to do that. What we are not comfortable with right now, because of the voices raised at the local level, are the changes to the Mackenzie Valley Resource Management Act. It is very clear that these two different policy changes should have been debated separately so that the stakeholders and the people affected could have had their voices heard and their say regarding the changes they would prefer to the two pieces of legislation.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, as it is the first time I have taken the floor this morning, I would particularly like to pay tribute to the hon. member for Western Arctic for his leadership on this file. The Green Party was able to put forward a number of amendments in committee. They were also defeated. I would also thank the member for Thunder Bay—Superior North, who took the fight there.

I am very disappointed by this bill, as I know all members on the opposition benches are. We want to see devolution for the Northwest Territories and the rights and the process that have gone on for some years.

In response to the question asked of my colleague from Surrey North by the parliamentary secretary, of course they had eight years to bring forth the part that we all agree on. What we do not understand is why it is being shoved down the throats of first nations in the Northwest Territories: the Tlicho, the Sahtu, and the Gwich'in. Why on earth would the government take apart these regional boards? They have worked well.

My question for my hon. colleague is what is it that the Conservatives cannot understand about the numerous Supreme Court decisions that explain clearly that first nations have constitutionally enshrined rights that require the federal government not only to touch base, but also to engage in specific detailed constitutional consultations? What about the Supreme Court decisions in Delgamuukw, and Haida? What is it about them that the Conservative Party cannot understand?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, my colleague asks why the Conservatives do not respect the decisions made by the Supreme Court. It is not only that they do not respect these decisions, which we saw in the House during the last Parliament where they were making laws that constitutional experts said were unconstitutional, but also the very stakeholders the legislation would affect.

I agree with the member on the changes we do agree with. We agree with the devolution of powers to the Northwest Territories, but the Conservatives bring a poison pill in the changes to the boards under the Mackenzie Valley Resource Management Act without any consultation, or at least without hearing from the people on the ground in the Northwest Territories whether they want these changes or not.

The Conservatives fail to see the very changes they are proposing and how these are going to affect the ability of the local people to make their own decisions.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am very honoured to speak to the bill, an important bill for our team.

I also want to acknowledge the very hard work of my colleague and friend, the member for Western Arctic. I have had the opportunity to work with him for a number of years, in fact since I was first elected to this House just over five years ago. As a northerner myself, I have always admired his commitment to the people of his territory and, more broadly, to the people of the north. He and I have found common ground on many issues, or perhaps it is that the bond tying all of us from the north together is the recognition that northern people must have control over what is theirs, over their territories, over decisions that matter to them, over their government.

I know very well that this same notion has guided the work of the member for Western Arctic, day in and day out in the House, and also on this very important piece of legislation, Bill C-15. As a northerner and a northern member of Parliament, I know the importance of working with first nations, not just working with them in a symbolic way but respecting their rights, their treaty rights and inherent rights as aboriginal peoples, and that their rights, including their right to self-government, are instrumental in guiding the work of the federal government.

This is not simply something that we recognize on paper. This is someone we enact in our work, certainly in our party, and which guides us in our work on the ground. I know that to be the case in my province of Manitoba.

What it also means is speaking truth when legislation comes to the House that disrespects those very rights. I wish I could say that Bill C-15 was the first example of the federal government turning a blind eye to treaty and inherent rights, but it is not. We have seen piece after piece of legislation going after those rights, disrespecting them and the absolute centrality of consultation with first nations. Once again, unfortunately, we are seeing this unfold with Bill C-15.

The member for Western Arctic, our leader, and NDP members of Parliament have said that devolution is absolutely necessary. For years the Northwest Territories has worked for this goal. People have worked hard and the people of the Northwest Territories deserve what so many other Canadians and northern Canadians have, which is a say in their destiny, in their future.

However, Bill C-15, as it stands, also neglects a very important relationship between the crown and first nations directly. Unfortunately, if Bill C-15 passes, the treaty rights of first nations in the NWT, the aboriginal rights of aboriginal people in the NWT, would not have the same kinds of protection and recognition as others, and certainly as they ought to have.

It is not our saying this. The member for Western Arctic is representing people in his constituency, people like Jake Heron from the Métis nation, who, speaking on the consultation process, said:

It’s very frustrating when you are at the table and you think you’re involved, only to find out that your interests are not being considered seriously.

Gabrielle Mackenzie Scott from the Tlicho government said:

Our key message to AANDC is that there is nothing wrong with the system, and it needs time to grow and improve.

Bob Bromley, an MLA, said:

The federal government's proposal to collapse the regional land and water boards into one big board is disturbing, unnecessary and possibly unconstitutional. ...a single board does nothing to meet the real problem, failure of implementation.

Mr. Speaker, we have heard people from the Gwich'in Tribal Council commenting on their opposition to the changes to the Mackenzie Valley Resources Management Act. They said:

We have a land-use plan. We have a land and water board. We have a claim. People know the process, and it works very well up here. It's only in the unsettled claim areas that there seems to be concern with the regulatory regimes and the speed with which they process applications, or lack of speed.

John B. Zoe, the senior advisor to the Tlicho government, also commented on the lack of consultation:

We’re saying we should have a deeper involvement and have a say and have our voices heard on what those changes are, because that’s a three-party agreement that was made in 2005.

It is clear that accepting the linkage of the two distinctly different legislative bills affecting the Northwest Territories betrays important first nations.

I want to relate a news story from the Northwest Territories yesterday. It notes that the agreement in this form betrays the Sahtu, Tlicho, and Gwich'in governments, who all worked with the government of the Northwest Territories until they had built the trust to sign onto devolution.

We have the power to stop that betrayal. We have the power and the federal government have the power to deviate from this pattern that the Conservative government has undertaken, that governments before it have undertaken, frankly, since colonization: that the federal government knows best and that the rights of first nations and aboriginal people are secondary, and that if they are disrespected, it is okay.

I am proud to be part of the NDP, which represents many northern people across our country. Our party believes that treaty rights and inherent aboriginal rights not only must be respected but also must guide our work every step of the way. Full consultation is key to coming up with any legislation that would affect indigenous people's futures. We do not tolerate the paternalistic approach of the Conservative government.

While we recognize that everyone in the House agrees that devolution must happen, and in a timely way given the tremendous amount of work that the leaders and people of the Northwest Territories have done, this cannot preclude the work we must do in respecting first nations and their inherent rights.

We are asking that devolution go forward with the exception of the parts of the bill that directly impose on first nations and their inherent rights. We should do better, help create a system of devolution, and support the kind of devolution that everyone in the Northwest Territories wants, and not just some people but everyone, including having first nations at the centre of this system.

I am very honoured to have been able to speak to the bill. I am very honoured to stand in this House and represent northern people who deserve nothing more than to be heard, to have their rights respected, and to have control over their destiny in our country.

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, the member for Churchill claimed that the NDP is in favour of devolution and pointed out that the people of western Arctic have worked for years on this goal. Yet in the next breath the NDP would use the premise of there not being enough consultation to try to derail and stall this very important piece of legislation. I want to point out that the amount of consultation undertaken is never enough for the NDP.

I wonder if the member is aware that the existing land claim agreements allow for a single board to serve the entire Mackenzie Valley and that the board restructuring was first recommended in 2008. Since 2010, this approach has been extensively discussed during negotiations with aboriginal groups and the chief federal negotiator, John Pollard. The restructured board would consist of 11 members appointed from candidates nominated by aboriginal groups from the settled and unsettled areas, the government of the Northwest Territories, as well as by Canada.

This bill has seen extensive negotiations with aboriginals and I would like the member opposite to comment please.

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, we have seen time and time again that the government does not actually know what consultation with indigenous peoples means, whether it is on Bill C-15 or other pieces of legislation that affect indigenous people directly.

What we are talking about here is preventing parts of a piece of legislation that directly disrespect first nations and inherent rights. This is not an issue that is secondary. If we are going to support a proper avenue to devolution, it must include respect for treaty and inherent rights, with respect to the Mackenzie Valley Resource Management Act and with respect to the position of first nations in the NWT vis-à-vis the federal government.

We in the NDP believe this is a critical point. It is a non-negotiable point. It connects to our principle, the principle that is very clearly not held by the Conservative government, which is that first nations and aboriginal rights must be respected.