Mr. Speaker, I appreciate the opportunity to rise to speak to the bill. I know this legislation is of great import not only to the Northwest Territories but also to the first nations of that area of our country. As the House is well aware, there has been considerable support across the Northwest Territories for the first part of the bill, which is, finally, the devolution of additional powers to the Northwest Territories government and to the first nations to be shared.
In Canada's north, there are not just two jurisdictions, there are three jurisdictions: the territorial government, the federal government, and the first nation governments. In this place, we always have to keep that in mind when legislation is coming forward that may impact on each of those three orders of government.
I understand there is a high level of support by the first nations. They like the fact that the north is finally moving toward a jurisdiction of independence and self-government. There are probably still some issues to be worked out between the federal government and the other two orders of government. I know from when I was assistant deputy of resources in the Yukon that it was one thing to negotiate and reach agreement on the legislation which would devolve these authorities, but it was another thing to reach agreement on the person years and the resources that would transfer from the federal government to the territorial and, potentially, to the first nation governments.
We in this place can only hope that with this devolution also comes the fair transfer of resources so that those orders of government can effectively and efficiently deliver those responsibilities in the same way that the federal government previously might have, even if it had shared those responsibilities. That is always something to keep in mind. It is one thing to debate and bring forward legislation, but it is another thing to make sure that there is appropriate transfer and sharing of resources to ensure that this occurs in an effective way.
When I spoke to the bill in the previous reading, I made it clear that those I heard from in the north, the concern that they hold is in the second part of the bill. There are many in the north who had implored the government to separate these bills and have them debated and voted on separately. That would have made it much easier for all members of this place to say resoundingly, absolutely, that it is up to the territorial government to decide how it resolves these issues. We could have looked at this closely, with careful scrutiny, and decided that, yes, we are in favour of this.
Regrettably, the government, in its stubborn will, has again chosen to combine two matters that really merit separate discussion.
As some of my colleagues in the House have mentioned, there is a strong likelihood that the passage of this legislation may trigger litigation by all three first nations in the Northwest Territories: the Sahtu, the Gwich’in, and the Tlicho, all of whom have first nation final agreements, self-government final agreements, that were not only negotiated and signed off among those three first nation governments but also with the territorial government and the federal government. Those agreements, as with all the first nation final agreements, are constitutionally entrenched. Therefore, deservedly, these first nations are raising clear, well-grounded issues.
By what right does the federal government have to unilaterally reopen a first nation final agreement without sitting down and discussing the procedures set forth in that agreement? It is my understanding that the real contention is in the second agreement, which has to do with land use, land use development, land use planning, and land use approvals.
The legislation that stands right now, prior to this bill, established three separate land use regimes for the Northwest Territories, one for each first nation, because there is a clear recognition that each of those first nation governments has the right of governance. The people of each of those first nations have the right to a direct say in decisions about land use and water management in their regions.
It is my understanding that even within those first nation final agreements, where the separate water boards, the separate land use boards, and all the provisions are set out, there is allowance for discussion about moving toward a more consolidated approach. That allows for the beginning of the discussion, the negotiations, and the consent by those first nations, none of which, as I understand, has occurred to the satisfaction of those three first nation governments.
We have here what appears to be strong allegations of a violation of the existing legislation, the requirement for advanced consultation and agreement from that negotiation process. We are hearing from those three first nations that should this legislation go through, they will clearly contemplate litigation.
I have to attest to the fact that an analysis has recently come to my attention that of all the legal actions coming forward by first nations dealing with resource management, almost every one of those cases is won by the first nations. What we are foreseeing is, if not an overthrow eventually, or an order of the court to go back and take a second look, at least considerable delay.
If we go back to successive speeches from the throne by the government, it has said over and over again, not just for the north of Canada but across Canada, that its objective is to streamline, in other words, to fast-track resource extraction, development, and export.
The government has heard the message from those first nations that should this legislation go through, they will contemplate litigation against it and, given that we know from experience that in all cases, the government proceeds at all appellate levels, we can foresee there will be a lot of delay in the eventual implementation of this legislation.
The last thing we need for investment and development in the north is uncertainty. That is one thing that investors do not want. Wherever they look around the globe, they question where they should invest their dollars. They do not want to invest those dollars where there is uncertainty. Certainly, this uncertainty must be hanging over the three to four diamond mines proposed in the Tlicho territory.
It is a complete puzzle to me and to my colleagues why the government did not, first of all, separate out these bills, to allow for much deeper consultation, perhaps provide an option such as moving toward a superboard, and if there were a superboard, how we would ensure that each of the three first nations would be similarly accommodated and heard.
If we look at the provisions in the Gwich'in first nation final agreement, under section 24, “Land and Water Regulation”, it clearly states that “Legislation shall provide for co-ordination of the activities of the boards…”, that “Each of the boards...shall be established…”, and “may establish its own rules of procedure…”.
Most particularly, and this was the concern of these first nations, it states:
The legislation implementing the provisions of this chapter shall provide for a method of monitoring the cumulative impact of land and water uses on the environment in the Mackenzie Valley, and for periodic, independent, environmental audits which shall be rnade public.
All of these provisions relate to the terms of reference and the operation of these distinct land and water boards and authorities for these first nations. Is the baby being thrown out with the bathwater?
I hope that all members of the House will give due consideration to voting for the amendment that the official opposition put forward. We think it is a reasonable amendment. It will not hold up the rest of the legislation, which is welcomed by those in the north, and Canadians and investors across the country. We ask that this amendment be accepted.