Indigenous and Northern Affairs Committee on March 31st, 2009

[Patrick Borbey]

I can't answer any questions on what the communities do to manage their waste. I know that's a problem and a concern.

In terms of participation, I can tell you that all the projects you see here involve quite developed relations with the aboriginals and, in particular, with the Inuit. Under the land claim agreement that gave rise to the creation of Nunavut, the Inuit, through an organization called NTI, are the biggest land owners in Nunavut. Based on available geoscientific information, they selected the best lands with regard to surface and subsurface rights. If all these projects are carried out, the vast majority of the benefits, in terms of royalties, will go directly to the Inuit.

Furthermore, the land claim agreement provides for an obligation to negotiate what are called impact and benefit agreements. So there can be no development without an agreement with the local aboriginal community concerning employment, business creation, contract and other benefits.

I also want to emphasize that, in all cases, the environmental regulatory agencies are co-managed with the aboriginals. They have a say in decisions that are made and when opinions are given to the minister on the appropriateness of implementing a project, under certain conditions. For example, in the case of a mine, conditions are set to ensure that the environment is restored. The situation will not be the one that prevailed in the past in the context of mining projects. The conditions I'm talking about here are very costly. In fact, bonds are held by the Crown to ensure that the companies are able to finance those costs. I think that, in such conditions, it will be much more possible to guarantee that the environment will not be damaged. We also have an inspection service that very closely monitors what goes on.

[The Chair, Conservative, Bruce Stanton]

Thank you, Mr. Borbey. Unfortunately, you don't have enough time left to answer Mr. Lemay's second question.

Now we'll go to Madame Crowder for seven minutes.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Thanks very much.

Thank you for coming before the committee today.

I have a number of questions. I'm going to start with land claims and negotiations.

I think it's probably no surprise to you that a number of us have heard from particularly the Council of Yukon First Nations, but certainly from the land claims coalition across the north, about the slowness of actually implementing land claims agreements once they've been negotiated. I wonder if you could comment on the status of implementation of land claims. Also, and you probably couldn't do this today, could you give us a list of the negotiations for land claims that are ongoing up north? I think it's very difficult to talk about economic certainty if you don't have those land claims in place and if they actually are not implemented.

[Patrick Borbey]

The questions are all very complex, and I'm sorry if I'm taking too long.

With respect to implementation, I know there's the Auditor General's report of last year. Also, the department made a pretty comprehensive report through the Senate, and I think that report might be helpful to understand what our strategies are for implementation. I am not the lead for implementation within the department. However, I do contribute to ensure implementation takes place. There are very complex issues related to implementation of those land claims. I know there are some differences of opinion between the department and first nations and other aboriginal groups.

In terms of current negotiations, we start in the west. With respect to the Yukon, there are three first nations in the Kaska region where there are no active negotiations right now. They have declined to participate in self-government negotiations at this time. In some cases they have made representations to have reserves established, which is not a model we are very fond of for the north. We are struggling a little bit to find a way to deal with those communities and their needs.

In the Northwest Territories there are three land claims that are under negotiation right now: the Dehcho, which has been under negotiation for some time, the Akaitcho process, and what they used to call the South Slave Métis.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Is the Akaitcho still under way?

[Patrick Borbey]

Yes.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

So the federal government hasn't withdrawn from that process?

[Patrick Borbey]

No, we haven't withdrawn. In the case of the Dehcho, we are negotiating a land-use plan, which is something that the Dehcho feel very strongly about. There are also in the Northwest Territories various tables where aboriginal governments that have land claims are now negotiating towards self-government status. Only the Tlicho have self-government status right now, but there are discussions involving the federal and territorial governments. In the case of Nunavut, we have settled land claims. However, there are some cross-border issues affecting Nunavut as well as other parts of the north, with Manitoba and other provinces.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

With respect to Nunavut, looking at the McCrank report, under recommendation seven, they're talking about board capacity, which you referenced. They have a whole paragraph on capacity. There was a commitment to employment for the Inuit in Nunavut, and they're falling short of the goals that were negotiated. The Berger report from 2005 was clear about what needed to be done to start achieving those goals. To my knowledge, there's been no formal response to the 2005 Berger report. McCrank has now re-emphasized the need for capacity for human resources and made some recommendations with respect to boards, but that's not going to help if we don't do the other work upfront.

Can you tell me if the department is working on any of the recommendations that were submitted by Berger? This affects the whole north. It was directed at Nunavut, but if we don't do capacity-building in NWT and the Yukon, it's not going to help.

[Patrick Borbey]

I agree that capacity-building is an important consideration, with regard to the regulatory system as well as the capacity of territorial residents to participate in all facets of the economy in public life. Certainly that's an important issue. A lot of what Mr. Berger was recommending had to do with reforms to the education system, which is a territorial responsibility, and some of those reforms have taken place.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Justice Berger recommended that the federal government put $20 million into education in Nunavut to take a look at some of the language issues. My question was not what the territorial responsibilities are, but rather what is the federal government doing in response to the Berger report?

[Patrick Borbey]

We have not yet responded to the Berger report.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

That was 2005. Do you know if there is any planned response to the Berger report? The government contributed to that report, so I would presume that we're going to respond at some point.

[Stephen Traynor]

I am involved in regulatory improvement, but I was previously in Nunavut in the department. After the Berger report, we had the Paul Mayer report, which looked at the receptivity for devolution. Within the context of those discussions, they struck some committee works and had some discussions on how to deal with capacity issues. NTI had discussions, along with the Government of Nunavut and the federals, to look at some of those capacity issues. I'm not sure where that is at this point, but they had discussions to sort through some of those issues.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Can you find out the status and let the committee know? That's an important aspect of that original work that Berger had done.

[Stephen Traynor]

Certainly. We can look within the context of the Paul Mayer report and the discussions that resulted from it.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Do I have time?

[The Chair, Conservative, Bruce Stanton]

You have 35 seconds.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

I want to make a comment about development. I notice that the development at Baker Lake is there. I've been approached by some women who want to know how women are considered in these developmental plans. There is mine development, and we recently heard that the food mail program review did not include women's voices. When you're looking at assessing impacts on the area, how are you including women in this conversation? Is there a gender-based analysis?

[Patrick Borbey]

The assessment of the project, whether Baker Lake or another project, has to go through the regulatory boards. It's their responsibility to ensure that there is a complete capture of the voices of all members of the community, all walks of life. That certainly needs to be built in as part of their process. I can't say whether it took place in the case of Baker Lake.

[The Chair, Conservative, Bruce Stanton]

Thank you, Madam Crowder.

We'll go to Mr. Duncan for seven minutes.

[John Duncan, Conservative, Vancouver Island North, BC]

Thank you, Mr. Chair.

Thank you for appearing this morning.

I have a question regarding the SINED funding. Is there a formula for allocation among the three territories of that funding envelope?

[Patrick Borbey]

I'll ask Mr. Gardiner to answer that.

[Timothy Gardiner, Director, Northern Economic Development Directorate, Northern Strategic Policy Branch, Department of Indian Affairs and Northern Development]

The plan at this point is to allocate the funding evenly among the three territories.

[John Duncan, Conservative, Vancouver Island North, BC]

That is, to divide it by three?