Debates of March 11, 2025 (day 53)

Date
March
11
2025
Session
20th Assembly, 1st Session
Day
53
Speaker
Members Present
Hon. Caitlin Cleveland, Mr. Edjericon, Mr. Hawkins, Hon. Lucy Kuptana, Hon. Jay Macdonald, Hon. Vince McKay, Mr. McNeely, Ms. Morgan, Mr. Morse, Mr. Nerysoo, Ms. Reid, Mr. Rodgers, Hon. Lesa Semmler, Hon. R.J. Simpson, Mr. Testart, Hon. Shane Thompson, Hon. Caroline Wawzonek, Mrs. Weyallon Armstrong
Topics
Statements

Question 632-20(1): Indigenous Employment Policy

Thank you, Mr. Speaker. I would like to pick up where some of the questions were left off with respect to the Minister of Finance and the Indigenous employment program. And one of the things she had mentioned how Indigenous Canadian summer students would be able to qualify. So I'm curious would they qualify above local P2s? Thank you.

Speaker: MR. SPEAKER

Thank you, Member from Yellowknife Centre. Minister of Infrastructure.

Thank you, Mr. Speaker. Mr. Speaker, under the summer student program you do need to be ordinarily resident so that right now persons who, as P2, would be born in the Northwest Territories. If they are not an ordinarily resident, then they would not. If they are a P2 because they have lived more than half their life and might be a student from that -- in that respect and if they're now still ordinarily resident, then they would qualify, Mr. Speaker. If under the Indigenous employment policy, you would have -- of course, again, it's related to persons who are Indigenous to the Northwest Territories or Indigenous Canadians but, again, would also still have to be ordinarily resident in the Northwest Territories. So, again, depends, I guess, what kind of P2 you might have under the current policy. But in any case, the individuals applying to the student program do all have to be ordinarily resident. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister of Finance, not infrastructure. Same person, but I apologize. Back to oral questions. Member from Yellowknife Centre.

Thank you, Mr. Speaker. Mr. Speaker, on the similar note, Mr. Speaker, in the committee just recently the Minister had said known the policy of -- the affirmative action policy to be clear -- was known to be unconstitutional. Now, I'm not asking her opinion. I'm asking for her facts. So what facts does she have in a legal opinion that state this, and would she be willing to share this secret knowledge to Members? Thank you.

Thank you, Mr. Speaker. Mr. Speaker, I know that there have been discussions in public and with myself and perhaps with other Members and perhaps with other Members or representatives from the Department of Finance with respect to concerns around Section 6 of the Charter which relates to the mobility rights of Canadians to be able to move between jurisdictions. It's obviously a hot topic right now as we are facing challenges with tariffs and a response to tariffs that includes removing mobility or encouraging mobility across jurisdictions.

With respect to legal opinions, Mr. Speaker, it should, I think, be fairly well known by most people that legal opinions are not the kind of document that get readily shared by anyone who is in possession of one, and I won't be doing that today. Thank you.

Speaker: MR. SPEAKER

Thank you, Minister of Finance. Final supplementary. Member from Yellowknife Centre.

Mr. Speaker, only for a sentence at most, really, Bill 21 in Quebec is used to protect them from their philosophical position. I don't necessarily agree with it, and I want to make that clear. But that said, that is a state which is protecting their objectives, culture, rights, whatever. I'll let them defend it, not me. That said, the affirmative action program was a way of recognizing the value that P2s provide, including the other areas of women and persons with disabilities. Mr. Speaker, how unconstitutional is it so bad that people don't even have a legal opinion but yet flog it and say well, it doesn't meet the rights. Like, in other words, why can't we just do it until we're challenged? Thank you.

Thank you, Mr. Speaker. It's not that the department doesn't have legal opinions over the last 35 years; however, I just won't be putting forward legal opinions that are subject to solicitor-client privilege here on the floor of the House. Mr. Speaker, certainly happy to sit down and engage further about the various risks that go into determining policy. I'm not going to speak to what Quebec may or may not do. And there is a significant difference in the application of, you know -- if where this was going was some suggestion around, you know, what kind of risk mitigation strategies one might go into, and you are concerned about having an unconstitutional policy, Mr. Speaker, there's, again -- the question was difficult, quite frankly, to follow. I'm not trying to cast dispersions. I'm just wanting to ensure that I'm not now told I'm not answering the question. We have legal opinions. Mobility rights are a live issue. It was quite clear based on the language within the former affirmative action policy that it would more likely than not be across the line of being against the Charter of Rights and Freedoms, Mr. Speaker. And I think I'll leave it there. And there's 11 minutes on the clock; I'm happy to take more questions. Thank you.

Speaker: MR. SPEAKER

Thank you, Minister of Finance. Oral questions. Member from Yellowknife North.