Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-15. I will not give the bill's full title because I only have 10 minutes, but essentially we are talking about Northwest Territories devolution and changes to the Mackenzie Valley Resource Management Act.
I want to acknowledge the work done by the member for Western Arctic. He has clearly outlined the NDP position on this and has indicated that the NDP is in favour of devolution and supports the Northwest Territories' taking over federal responsibilities in the north. As well, the NDP and the member for Western Arctic have acknowledged that the NWT knows best how its resources ought to be used, and that ultimate authority should rest with the Northwest Territories.
However, as we have heard, in typical Conservative fashion, instead having a straightforward, clean bill, we have one where they have inserted changes to the Mackenzie Valley Resource Management Act. That is where the most opposition in the NWT has come from. I am going to spend my brief time talking about the opposition to the Mackenzie Valley Resource Management Act and am going to refer to it as the MVRMA.
My colleague from Victoria has quoted from the article “Devolution dishonoured” from Monday, February 10's NWT News/North, so I am not going to quote from it extensively. However, I want to start my remarks with this. The article said:
While devolution is undeniably good for the NWT, what the GNWT is losing in return—regional input, trust and co-operation, not to mention political integrity—tarnishes the accomplishment.
It goes on to say:
The regional boards, by all accounts, worked with industry and bolstered public confidence that development was being done to the benefit of the people affected.
Those are critical comments because much has been made about the need to improve regulatory management, yet in the testimony before committee and in other comments submitted in written briefs, it appears that the regulatory management under these regional boards was working.
I want to refer to a letter of January 20 to the Minister of Aboriginal Affairs from the Tlicho. In their conclusion they say:
C-15 will unravel the advances in reconciliation that have been made between Canada and the Tlicho people over the past two decades. Canada has failed to recognize the unique constitutional reality in the NWT created by land claims agreements. It cannot legislate in a manner that is inconsistent with these modern treaties. This is not just about “consultation”. It is about ensuring that legislative choices are constitutionally sound and do not breach constitutionally protected treaty rights or undermine the purpose and intent of our Agreement.
When we see comments like this, we wonder about the section 35 analysis that may or may not have been conducted by the government and what that analysis might have indicated about potential breaches of agreements that have been signed. I was one of the fortunate people who was in the House when the Tlicho agreement was passed. It was a great day for Canadians. However, when we continue to see the spirit and intent of these agreements undermined by future legislation, it does raise some concerns about the government's attention to the spirit and intent of these agreements.
I want to read from the brief that was provided by Alternatives North and Ecology North on January 17. I want to read from it because it outlines very clearly the concerns about the proposed changes to the MVRMA. It talks about the legislative foundation and states:
The political and legislative base for the Mackenzie Valley Resource Management Act is co-management of the NWT's lands and waters, through an integrated regional- and territorial-level system of environmental planning and assessment and regulatory review....
This integrated co-management model arises from federal commitments made in the Sahtu and Gwich'in Comprehensive Land Claims Agreements in the early 1990s. The current version of the MVRMA (1998/2005) states in its preamble that “the Gwich'in Comprehensive Land Claim Agreement and the Sahtu Dene and Metis Comprehensive Land Claim Agreement require the establishment of land use planning boards and land and water boards for the settlement areas [i.e. regional boards] referred to in those Agreements and the establishment of an environmental impact review board for the Mackenzie Valley, and provide as well for the establishment of a land and water board for an area extending beyond those settlement areas....
It goes on to say that the following:
The relationship between the regional land and water boards and the territorial land and water board is clearly articulated in the land claims agreements and in the MVRMA. Section 24.4.6(b) of the Gwich'in Comprehensive Land Claim Agreement (1992), section 25.4.6(b) of the Sahtu Dene and Metis Comprehensive Land Claim Agreement (1993), and, subsequent to the enactment of the MVRMA section 22.4.3 of the Tlicho Land Claims and Self-Government Agreement (2003) all state that where a territorial board is established that also has jurisdiction within the respective settlement areas, the regional boards become 'panels' of the territorial land and water board, which is how the system currently operates.
The brief continues:
In essence, this integrated co-management model, since Its legislative inception, has embraced regional planning boards, regional land and water boards/panels, an environment impact review board, and a territorial land and water board through which the regional boards/panels operated. The model also includes an adaptive management component through section 148 of the MVRMA, which calls for an independent environmental audit every five years to assess environmental trends and the integrity of the environmental management system.
The integrated co-management system, founded in land claims agreement legislation in the MVRMA and actualized through public government institutions, has operated successfully for over a decade in the Mackenzie Valley, to the benefit of all NWT residents.
It goes on to outline a number of other issues. However, I know that my time is short so I want to touch on a couple of problems that were highlighted in this document. They are under the section entitled “Problematic Amendments to the MVRMA”.
The first issue it touches on is the board/panel restructuring. It states:
First, the proposed amendments to the Preamble of the MVRMA is a significant reinterpretation of the Gwich'in and Sahtu Land Claim Agreements, and therefore the Tlicho agreement, in that it drops a key phrase. Instead of stating that “[these Agreements] require the establishment of land use planning boards and land and water boards for the settlement areas...”...the amended Preamble states that the Agreements “require the establishment of land use planning boards for the settlement areas”.
Canada has essentially unilaterally reinterpreted the intent and scope of these agreements by reneging on its commitment to regional boards. This is an important point because it is where people are suggesting that there could be court challenges because of that unilateral attempt to reinterpret these agreements signed in good faith by all parties.
Second, the definition management area in section 51 of the current act where it refers to the respective land claim settlement area is being repealed on page 100. This amendment means that Canada and the MVRMA no longer recognize the distinct nature of settlement areas within the NWT. We often talk about how important local and regional control is, and this repeals that provision.
Third, sections 54 through 57(2) and 58 through 68 of the current act, which establish and define the role of the Gwich'in, Sahtu, and Wek'eezhii land and water boards, are replaced by sections that consolidate land and water management roles and authorities in a centralized Mackenzie Valley land and water board. These amendments dislocate land and water management authorities from their respective land claims regions and diminish the sense of ownership and engagement that aboriginal regions currently have in land and water use decisions.
Fourth, section 54(2) of the amended act establishes an 11 member central board, with one member each nominated by the concluded land claims regions, two members nominated by the unsettled land claims region, two members nominated by the territorial government, and three members, excluding the chairperson, appointed by the federal minister. It goes on to say that this grants the federal minister the right to unilaterally appoint the chairperson, which is not currently the case, where the board member is nominated chairperson for appointment.
Section 56 of the amended act calls for the project panels of three members to be determined by the federally appointed chair, which may or may not include a member from the region in which a project is to occur. In that very piece itself we could have decisions being made for a region without any representation from that region. That just does not seem a logical way to proceed, particularly when this act is being sold as involving more northern control.
Finally, one of the concerns raise is increased ministerial authority. It states:
Given that the MVRMA amendments are contained in Bill C-15, which has been put forward as a bill to implement the devolution of land and water management authorities to the [GNWT], it is baffling how certain sections of Part 4 of Bill C-15 result in increased authority for the federal government at the cost of territorial and Aboriginal government authority and/or the authority of northern boards! This appears to be devolution in name only, but not in practice.
That is a good place to conclude.
Although, as the member for Western Arctic has rightly pointed out, New Democrats support devolution, the MVRMA undermines that process by taking away the regional responsibilities that have been working well over the last decade.