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Assembly divided
Environment protection motion sparks debate between MLAs and cabinet

Laura Busch
Northern News Services
Published Monday, February 18, 2013

NORTHWEST TERRITORIES
The GNWT cabinet defeated a motion in the legislature on Feb. 14 that would have forced the territorial government to inform Ottawa of its concerns over the perceived "diminished federal environmental and resource management regime," caused by Ottawa's two omnibus budget bills - C-38 and C-45.

"This motion takes issue with decisions made by the government (of Canada) that they had every right to make," said Premier Bob McLeod shortly after announcing cabinet would be voting against the motion. "It then calls upon the GNWT to take action in areas of federal jurisdiction - we cannot do that."

The motion, titled Federal Changes to Environmental Law, was introduced by Weledeh MLA Bob Bromley and seconded by Sahtu MLA Norman Yakeleya.

The motion's intent was to challenge the federal government for not consulting with, nor informing, the GNWT on the many changes imposed by the two federal budget bills.

"This is purely and simply about ensuring we have clean air to breathe, clean water to drink and safe food to eat," said Bromley. "Unfortunately, it was a fixed vote with the premier dictating how seven people voted."

Cabinet normally abstains from voting on motions that make a recommendation to the government, but it is common practice for the seven ministers to vote in solidarity on motions that direct government actions, said house leader Michael Miltenberger.

"It was a sweeping motion with, what we saw as, some confused information in there as to the role of the federal government and the role of the territorial government," said Miltenberger on cabinet's decision to vote against the bill.

Of particular concern was the fact the motion was made at a critical time during devolution negotiations, he said, and requesting more money from the federal government to deal with environmental stewardship would be in poor form.

The decision to vote against the motion does not mean cabinet minister's are not concerned with federal changes in environmental law, said McLeod during the debate.

"Our government is committed to sustainable development that balances economic development with concern for the environment," he said, adding the omnibus budget bills will not affect rights laid out in land claim agreements - a common misconception.

McLeod did acknowledge the federal government did not properly consult with the territory before making these sweeping changes.

Yakeleya said he was happy with the debate held regarding the motion because it is important constituents know their elected officials are listening to their concerns.

"We look at the land a little differently than Ottawa," he said, adding half of the territory's population is aboriginal. "We need to look at how these laws are going to affect our land and our people and our relationship with our environment."

All 11 regular members weighed in on the debate, as did McLeod and Miltenberger.

Nahendeh MLA Kevin Menicoche, who voted in favour of the motion, went on to say the motion's recommendations focus on assessing the impacts these bills will have on the territory, not repealing the new environmental laws outright.

However, Dene National Chief Bill Erasmus does not agree it's too late to stop the federal omnibus budget bills.

"First Nations have already taken them to court," he said. "I don't see them going anywhere. I think they're going to be bottle necked up in the courts for years."

The Dene Nation is in full support of the court case against the bills, and they are taking a hard look at the possibility of joining the suit, said Erasmus.

That said, what is most needed now is an informed public discussion about what the contents of the omnibus bills are and how exactly they will affect the territory.

Yakeleya agrees, saying that while he was disappointed with the results of the Feb. 14 vote, what is more important to him is creating a think tank of representatives from all regions in the territory to look at these bills in detail and determine the best way to move forward.

"Is our government mature enough to take on these new environmental laws?" he asked in an interview with News/North Friday.

Miltenberger says yes, adding it is time for the territory to take control of its own lands and resources.

"It's more than saying 'Just trust us.' We have a demonstrated record of taking over important portfolios," he said, adding the federal government has been falling down on the job of managing environmental impact of major projects in the NWT for decades.

"What we're saying is, take over these responsibilities, we're going to pay better attention and we're going to do a far better job," he said.

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