Whitehorse, Yukon

Monday, December 14, 1992 - 3:00 p.m.

THE FIRST SESSION OF THE TWENTY-EIGHTH LEGISLATIVE ASSEMBLY OF YUKON CONVENED IN THE ASSEMBLY CHAMBERS AT 3:00 P.M. ON MONDAY, DECEMBER 14, 1992

Proclamation

Clerk:   “To all to whom these presents shall come or whom the same may in any wise concern

Greetings

A Proclamation

“Know ye that under and by virtue of the power and authority vested in the Commissioner of the Yukon Territory, the Assembly of the said Territory is summoned to meet for dispatch of business in the Yukon Legislative Assembly Chambers, Territorial Administration Building, Whitehorse, Yukon Territory, on Monday, the fourteenth day of December, A.D., 1992, at the hour of three o’clock in the afternoon.

“All of which all persons concerned are required to take notice and to govern themselves accordingly.

“Given under my hand and seal of the said Territory, at Whitehorse, this 1st day of December, A.D., 1992.

J.K. McKinnon,

Commissioner of the Yukon"

REPORT ON MEMBERS ELECTED

Clerk: Pursuant to the provisions of the Elections Act , the Commissioner has been informed of the receipt of Returns to Writs for the general election conducted on the 19th day of October, 1992. These returns show that the following members were duly elected: Faro-Trevor Harding; Klondike-David Millar; Kluane-Bill Brewster; Lake LeBerge-Mickey Fisher; McIntyre-Takhini -Piers McDonald; Mayo-Tatchun-Danny Joe; Mount Lorne-Lois Moorcroft; Porter Creek North-John Ostashek; Porter Creek South-Alan Nordling; Riverdale North-Doug Phillips; Riverdale South-Bea Firth; Riverside-Jack Cable; Ross River-Southern Lakes-Willard Phelps; Vuntut Gwitch’in-Johnny Abel; Watson Lake-John Devries; Whitehorse Centre-Margaret Joe; Whitehorse West-Tony Penikett.

Signed by Patrick L. Michael, Clerk of the Yukon Legislative Assembly.

Commissioner Ken McKinnon enters the Chambers accompanied by his Aides-de-Camp

Clerk: I am commanded by the Commissioner, in his capacity as Lieutenant-Governor, to state that he does not see fit to declare the causes of the summoning of the present Assembly of this Territory until a Speaker of this Assembly shall have been chosen according to law, but today at a subsequent hour he will declare the causes of the calling of this Assembly.

Commissioner McKinnon withdraws from the Assembly

Clerk: Would you care at this time to proceed with the election of the Speaker?

Some Hon. Members: Agreed.

Clerk: Hon. Members, nominations are invited for the office of Speaker of this Assembly.

Motion No. 1 - Election of Speaker

Hon. Mr. Ostashek: I move, seconded by the Member for Riverside:

THAT Alan Nordling, Member for Porter Creek South, do take the Chair of this Assembly as Speaker.

Clerk: It has been moved by the Government Leader, seconded by the Member for Riverside:

THAT Alan Nordling, Member for Porter Creek South, do take the Chair of this Assembly as Speaker.

Some Hon. Members:    Agreed.

Clerk: I think the ayes have it. By direction of the Assembly, I declare that Alan Nordling is duly elected as Speaker of this Assembly.

Motion No. 1 agreed to

SPEAKER’S ADDRESS TO THE ASSEMBLY

Speaker:   I beg to express my grateful thanks and humble acknowledgement of the high honour the Assembly has been pleased to confer on me.

Mr. Clerk, will you please advise the Commissioner, in his capacity as Lieutenant-Governor, that the Assembly is now prepared to hear the Speech from the Throne.

Speaker:   We are now prepared to hear the Speech from the Throne.

Commissioner McKinnon enters the Chambers accompanied by his Aides-de-Camp

SPEAKER’S ADDRESS TO THE COMMISSIONER

Speaker: Sir, the Legislative Assembly has elected me their Speaker, although I am but little able to fulfill the important duties thus assigned me. If, in the performance of those duties, I should, at any time, fall into error, I pray the fault may be imputed to me and not the Assembly, whose servant I am and who, through me, the better to enable them to discharge their duty to their Queen and country, humbly claim all their undoubted rights and privileges, especially that they may have freedom of speech in their debates, access to your person at all seasonable times, and that their proceedings may receive from you the most favourable construction.

RESPONSE BY THE COMMISSIONER

Commissioner: Thank you, Mr. Speaker. I am pleased to declare to you that I freely confide in the duty and the attachment of the Assembly, and not doubting that the Assembly’s proceedings will be conducted with wisdom, temper and prudence, I grant, and upon all occasions will recognize and allow the Assembly’s constitutional privileges. I assure you that the Assembly shall have ready access to me upon all seasonable occasions, and that the Assembly’s proceedings, words and actions will constantly receive from me the most favourable construction.

Please be seated.

SPEECH FROM THE THRONE

Commissioner:   Hon. Members, it is my pleasure to welcome you to the new Legislature and a new session.

We come together at a time of the year when as Yukoners we recall the many gifts we enjoy. We live in a land blessed by natural beauty, beauty we have a responsibility to protect. In contrast to many areas of the world, we enjoy a high standard of living and a quality of life that few share. Yukoners are a strong, self-reliant people, who possess the ability and talents to build a self-sufficient future for this territory.

With these gifts, we can meet the challenges we face here in the Yukon. In the coming months and years, my government is committed to working with Yukoners to realize our tremendous potential and to enhance the lives of residents of this territory.

It is committed to working toward positive social change that contributes to the well-being of Yukon families and Yukon communities, and to the well-being of both our aboriginal and non-aboriginal residents.

It is committed to working toward economic self-sufficiency. It will take steps to strengthen industries, such as mining and tourism, which must form the mainstay of our economy, as well as promote new opportunities to diversify the Yukon’s economic base.

It is committed to protecting our northern environment and conserving its abundant resources, which are key to our continued economic, cultural, and social health.

In meeting these challenges, my government will work, with diligence to provide good government to Yukon residents.

My government’s duty is to serve Yukoners responsibly. It must be accountable for its decisions, particularly its spending, while it is responsive to the needs of people. The recent review of the territory’s finances confirms the need to spend carefully and wisely. My government is responding to this challenge and placing tighter fiscal controls on government expenditures. During this session, it will be issuing a statement on the financial health of the government and interim measures to improve it.

My government recognizes that in these tight financial times government programs must operate more efficiently and economically. It will welcome input from both within and outside government to achieve this goal.

My government will, as well, enhance accountability for its spending by making greater use of this Assembly’s Public Accounts Committee. As this committee has recommended in the past, my government will implement measures to ensure that any new facilities are properly planned and built under strict financial controls. My government will also review programs it now delivers to ensure they properly reflect the needs and priorities of Yukon residents.

Advisory committees are an important means of giving Yukoners a direct voice in government decision making. It is also important that the membership of these committees is representative of Yukon society. To this end, my government will be bringing forward a motion during this session to create an all-party legislative committee to review appointments to major government boards and committees. It is equally committed to listening to and acting on the advice of these boards.

My government is also committed to listening to Yukoners when designing or reforming social programs. It will work with parents and teachers to ensure our school system is preparing our children for the challenges of the 21st century. Our college campuses must also address the needs of the Yukon by offering programs of relevance to the territory and its people.

My government recognizes the importance of social programs to assist people in need and will work to ensure our health care system is meeting the needs of Yukoners. It will make every effort to enhance these services for our seniors and elders and enable them to remain in their own homes as long as they are able. In conjunction with municipal governments and the private sector, it will take steps to meet community needs for adequate housing.

My government will work with First Nations and community groups aimed at eliminating violence against women and children. It wants to ensure there is an effective justice system in the territory. This system must be responsive to the needs of all residents. It must offer rehabilitative programs that address the root causes of crimes such as vandalism, while instilling a respect for the law.

My government will also raise with the federal government concerns it has with Canada’s Young Offenders Act. It believes more meaningful deterrents are needed to help reduce crime.

Next year will mark 20 years since Yukon Indians tabled their land claim with the federal government. Yukoners believe the time has come to complete the work started with the claim of Yukon First Nations as outlined in Together Today for Our Children Tomorrow, presented to the federal government by the respected Indian elder Elijah Smith.

During this sitting, my government will introduce legislation to ratify the Champagne and Aishihik First Nations land claim and self-government agreements. A select committee of this House will be established to review this legislation and ensure the opportunity for Yukoners to comment on and understand these historic agreements, before legislation is approved by this Assembly.

With the passage of this legislation, we will achieve a critical step toward settling the claims of Yukon Indian people, which have been outstanding for too long.

Through land claim and self-government agreements, the Yukon’s aboriginal peoples will gain control of their lands and their lives. They will be able to manage their own affairs, rather than have those decisions made for them by federal officials.

Through these agreements, Yukon Indian people will play a key role in working toward the goal of economic self-sufficiency for all Yukoners. My government is committed to working in partnership with Yukon First Nations to fully implement their agreements.

Just as Yukon First Nations want the ability to manage their lives, all Yukoners want more control over the affairs of this territory. My government will pursue this goal, as integral to its efforts to build a self-sufficient future for Yukon residents.

As part of this effort, we are now negotiating transfers that would see the responsibility for forests and oil and gas rest in Yukon hands. This will enable Yukoners to develop environmentally sound industries based on these natural resources. My government will also be pursuing discussions with the federal government on gaining control over Yukon lands and resources as First Nation settlements are reached.

The Yukon cannot expect to continue to rely indefinitely on the federal government to fuel our economy. My government will intensify efforts to use money now received through the federal operating grant to invest in projects that will increasingly enable us to generate our own revenues.

Development projects are often hampered by a lack of adequate infrastructure and the high costs that result from this barrier. Improving our transportation and communication systems and enhancing job training will increase the viability of projects and generate wealth.

My government will also develop the Yukon’s energy potential. The mandates of the Yukon Energy Corporation and the Yukon Development Corporation will be changed so that profits go toward reducing energy costs and developing energy infrastructure. My government will also work with First Nations and other Yukoners to identify small and medium hydroelectric sites that are economically feasible and environmentally responsible. It will explore alternatives to the use of diesel as well as promote energy conservation.

Investments in our transportation system and increasing our energy infrastructure will help support our major industries, mining and tourism. At the same time, they will help build a positive climate for investing in the development of new economic opportunities here in the Yukon.

To encourage mining further, my government will promote the re-establishment of the flow-through share program and other tax benefits for northern CaInada. It will review programs it offers to make them responsive to the industry’s needs. It will work to ensure that regulatory processes fairly balance our economic and environmental needs. A climate of certainty for investment and a predictable, efficient regulatory process are essential to a strong industry.

Our mountains, rivers, lakes and wildlife attract tourists from around the world. My government will work with industry to enhance opportunities to enjoy the natural gifts of our territory. It will also seek to identify and promote new attractions that will give visitors a chance to experience more fully our rich history and culture.

Small business is an integral component of the Yukon’s economy. My government will be reviewing its business development programs to ensure they are a help, not a hindrance, to business people throughout the territory. It will be exploring new opportunities to support existing businesses and to promote new ventures in the Yukon.

In diversifying the Yukon economy, my government is mindful of the obligation it shares with the territory’s residents to protect the Yukon’s environment and its resources. To act on this responsibility, it will undertake management plans to conserve our wildlife and protect their habitat. Areas of critical habitat and those that are environmentally sensitive will be examined for their suitability as parklands.

Proper sewage facilities for communities are a priority, and my government will work with the federal government, municipalities and First Nations to correct problems with sewage treatment. It will also institute a year-round anti-litter program called “Yukon Pride”. By taking responsibility for our environment, we can protect it for the use and enjoyment by our children and their children.

Hon. Members, the Yukon is a special place. We are blessed with many gifts. We can strengthen our economy and support new and existing businesses, while conserving and protecting the resources that allow us to develop a stronger economic future. We can ensure that our schools, our health care facilities and our social programs meet the needs of residents here while recognizing the need to spend within our means. We can rely on the strong, independent spirit of Yukoners to build together a community that offers much to its individual members, to its families, and to aboriginal and non-aboriginal citizens alike.

My government stands ready to work with Yukoners to build a self-sufficient future for our territory.

Commissioner leaves the Chamber

Speaker: At this time, I will call the House to order. I would ask all Members to take a moment for silent prayer.

Prayers

Introduction of Pages

Speaker: It gives me great pleasure to introduce to the House the Pages who will be serving during the session. They are Andrea Edmunds, Kieran O’Donovan, Krissy Rodgers, Elizabeth Sullivan, and Morgan Toombs. The Pages, who have all served this House before, are from Christ the King Junior Secondary School. I would invite them to join us at this time.

Applause

INTRODUCTION OF BILLS

Bill No. 1: Introduction and First Reading

Hon. Mr. Ostashek: I move that a bill, entitled An Act to Perpetuate A Certain Ancient Right, now be introduced and read a first time.

Speaker: It has been moved by the Hon. Government Leader that a bill, entitled An Act to Perpetuate a Certain Ancient Right, be now introduced and read a first time.

Motion for introduction and first reading of Bill No. 1 agreed to

TABLING SPEECH FROM THE THRONE

Speaker: I wish to inform the Assembly that I have received a copy of the Speech from the Throne, which I will now table.

CONSIDERATION OF SPEECH FROM THE THRONE

Hon. Mr. Ostashek: I move that the Speech from the Throne be considered on a day following.

Speaker: It has been moved by the Hon. Government Leader that the Speech from the Throne be considered on a day following.

Motion agreed to

Hon. Mr. Phillips: I wish to inform the House, pursuant to the provisions of Standing Order 26(2), that consideration of a motion for an Address in Reply to the Speech from the Throne will take place on Tuesday, December 15, 1992.

MOTIONS

Speaker: I would now ask if the House is prepared to elect a Deputy Speaker?

Motion No. 2 - Election of Deputy Speaker and Chair of Committee of the Whole

Hon. Mr. Phillips: I move

THAT Johnny Abel, Member for Vuntat Gwich’in, be appointed Deputy Speaker and Chair of Committee of the Whole.

Speaker: It has been moved by the Government House Leader

THAT Johnny Abel, Member for Vuntat Gwich’in, be appointed Deputy Speaker and Chair of Committee of the Whole.

Motion No. 2 agreed to

Motion No. 3 - Election of Deputy Chair of Committee of the Whole

Speaker: I would now ask if the House is prepared to elect a Deputy Chair of Committee of the Whole.

Hon. Mr. Phillips: I move

THAT David Millar, Member for Klondike, be appointed Deputy Chair of Committee of the Whole.

Speaker: It has been moved by the Hon. Government House Leader

THAT David Millar, Member for Klondike, be appointed Deputy Chair of Committee of the Whole.

Motion No. 3 agreed to

INTRODUCTION OF BILLS

Bill No. 2: Introduction and First Reading

Hon. Mr. Ostashek: I move that Bill No. 2, entitled An Act Approving Yukon Land Claim Final Agreements, be now introduced and read for a first time.

Speaker: It has been moved by the Hon. Government Leader that Bill No. 2, entitled An Act Approving Yukon Land Claim Final Agreements, be now introduced and read a first time.

Motion for introduction and first reading of Bill No. 2 agreed to

Bill No. 3: Introduction and First Reading

Hon. Mr. Ostashek: I move that Bill No. 3, entitled First Nations (Yukon) Self-Government Act, be now introduced and read a first time.

Speaker: It has been moved by the Hon. Government Leader that Bill No. 3, entitled First Nations (Yukon) Self-Government Act, be now introduced and read for a first time.

Motion for introduction and first reading of Bill No. 3 agreed to

Bill No. 13: Introduction and First Reading

Hon. Mr. Brewster: I move that Bill No. 13, entitled An Act to Amend the Liquor Act, be now introduced and read a first time.

Speaker: It has been moved by the Hon. Minister responsible for the Yukon Liquor Corporation that Bill No. 13, entitled An Act to Amend the Liquor Act, be now introduced and read a first time.

Motion for introduction and first reading of Bill No. 13 agreed to

Bill No. 83: Introduction and First Reading

Hon. Mr. Phelps: I move that Bill No. 83, entitled An Act to Amend the Employment Standards Act (No. 2), 1992, be now introduced and read a first time.

Speaker: It has been moved by the Minister of Justice that Bill No. 83, entitled An Act to Amend the Employment Standards Act (No. 2), 1992, be now introduced and read a first time.

Motion for introduction and first reading of Bill No. 83 agreed to

TABLING RETURNS AND DOCUMENTS

Hon. Mr. Ostashek: I have for tabling the Champagne and Aishihik First Nation Final Agreement and the Champagne and Aishihik First Nation Self-Government Agreement.

INTRODUCTION OF BILLS

Bill No. 98: Introduction and First Reading

Hon. Mr. Phelps: I move that Bill No. 98, entitled Miscellaneous Statute Law Amendment Act (No. 2), 1992, be now introduced and read a first time.

Speaker: It has been moved by the Minister of Justice that Bill No. 98, entitled Miscellaneous Statute Law Amendment Act, (No. 2), 1992, be now introduced and read a first time.

Motion for introduction and first reading of Bill No. 98 agreed to

NOTICE OF MOTION

Ms. Moorcroft: I would like to give notice of the following motion:

THAT it is the opinion of this House that the proposed federal government amendments to the Unemployment Insurance Act will cause undue hardship to working people in the Yukon, in particular, women in the workforce, who are the most threatened by unreasonable employers.

Hon. Mr. Phillips: I move that the House do now adjourn.

Speaker: It has been moved by the Hon. Government House Leader that the House do now adjourn.

Motion agreed to

Speaker: This House now stands adjourned until 1:30 p.m. tomorrow.

The House adjourned at 3:35 p.m.

The following Sessional Papers were tabled December 14, 1992:

92-1-1

Speech from the Throne (Speaker)

91-1-2

Champagne and Aishihik First Nations Final Agreement between the Government of Canada, the Champagne and Aishihik First Nations and the Government of the Yukon - June 19, 1992 (Ostashek)

91-1-3

Champagne and Aishihik First Nations Self-Government Agreement among the Champagne and Aishihik First Nations, and the Government of Canada, and the Government of Yukon - June 19, 1992 (Ostashek)

91-1-4

Maps comprising Appendix B of Champagne and Aishihik First Nations Final Agreement (Ostashek)