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SOMBA K'E/YELLOWKNIFE - The government must forge ahead to develop a constitution that combines the powers of territorial and aboriginal governments, which would better represent the interests of everyone living in the NWT, according to Dene National Chief Bill Erasmus.

Chief Bill Erasmus: "Some things the premier couldn't do, the chiefs could do."- NNSL file photo

Erasmus spoke about the issue with Premier Floyd Roland last month at the Dene National Leadership Conference and said he hoped the territorial government would sit down with aboriginal groups to talk about combining authorities and powers.

The territorial government has powers under the NWT Act, while aboriginal groups like the Tlicho government hold powers under section 35 of the constitution.

"You could use all those authorities to protect the interests of the people to the North," Erasmus said. "Some things the premier couldn't do, the chiefs could do."

Erasmus said the NWT Act - the territory's quasi-constitution - is outdated. "In the act, it does not say legislative assembly. It says territorial council. It doesn't say premier," the Dene chief said.

"Those kinds of names have changed but authority hasn't been granted to the council for years and years and years."

Erasmus said every government since the mid-1980s has recognized the territorial government is a government in transition. "Generally, aboriginal people don't view it as their government," he said.

The Dene national chief said a central government could be established, and it could include MLAs sitting in the legislature with grand chiefs from each region. He said talks must advance to get the Inuvialuit and Metis on board as well, adding that the NWT has the opportunity to develop a unique style of government and increase its standing in Ottawa.

Roland said this issue has come up in the past. The 13th assembly created a constitutional working group that considered developing the territory's own constitution. This group found the territory's present "constitution" was a myriad of legislation, including the NWT Act, the DIAND Act, treaties, aboriginal land claim agreements and territorial legislation. Territorial legislation can be overridden by federal acts if they are overlapping.

Following recent criticism of consensus government, discussions in the legislative assembly last week turned to the issue of constitutional development in NWT.

Roland acknowledged Erasmus had approached him to suggest the legislative assembly look at developing a constitution. The premier said this was not a priority of the government.

"The topic right now has only been one of discussion," he said. The territorial government, he added, had no position on the issue. But Roland said he was prepared to sit down with MLAs to see whether they wanted to pursue constitutional development further or put it on the agenda of the next assembly.

"With all the concerns about consensus government, is it time to take that into consideration?" he asked.

Sahtu MLA Norma Yakeleya expressed interest in constitutional development and said if a motion were passed by the Dene Nation urging the government to look at the issue, the premier should take it seriously.

Erasmus said the government needs to do what Nunavut did - establish a fixed date to establish a constitution and start working toward it. He said Roland had committed to working with the Dene Nation to get people together to talk about the issue.

Both Roland and Erasmus said it was far too early to know what the territorial government could look like once a constitution is put in place. On Thursday last week, Roland said if MLAs wanted to look at new forms of government, there would be plenty of opportunity to do so.