VII.

Government

The Northwest Territories has three levels of government: federal, territorial, and local. At the federal level, where national and international issues are debated, the territory has one member of Parliament in the House of Commons in Ottawa, Ontario. At the territorial level, elected representatives discuss and set policy on domestic issues in the Legislative Assembly of the Northwest Territories. This assembly has some, but not all, of the political powers assigned to Canadian provinces under the constitution. Since World War II the federal government has assigned more powers to the territorial government, including power over education, health care, housing, renewable resources, and social services. With these powers, the territorial government in Yellowknife governs inhabitants of the Northwest Territories. In 1988 discussions began regarding transferring power over nonrenewable resources to the territorial government, but this issue has not been resolved. Cities, towns, and settlements represent the local level of government.

A.

New Constitution

Because Nunavut became a separate territory in 1999, efforts began in the Northwest Territories to draft a new constitution that would share power between four levels of government: community, regional, indigenous, and territorial. The proposed Legislative Assembly would consist of a 14-member General Assembly, with representation by population, and an 8-member Indigenous Peoples assembly representing Indian, Métis, and Inuit inhabitants. The General Assembly would represent the interests of all residents, while the Indigenous Peoples Assembly would represent the interests of only the indigenous peoples. The powers of the Legislative Assembly would be similar to the powers of provincial legislatures, including power over nonrenewable natural resources, forestry, energy, and taxation of natural resources on public lands. Under this proposed government, passing laws would require a double majority, with a consensus on the first vote and, after due reconsideration, a two-thirds majority on a second vote.

This proposal has advantages and disadvantages. On the one hand, it would give new political power to indigenous peoples. On the other hand, by giving indigenous peoples a double vote—one for the General Assembly and one for the Indigenous Peoples Assembly—the proposal would diminish the democratic rights of nonindigenous peoples. Since the territorial government does not have the power to change its existing governmental structure, the federal government will have to agree to enact legislation to implement such a territorial constitution. However, negotiations regarding the proposal have stalled due to a lack of consensus and unresolved aboriginal demands for self-government.

B.

Executive

The premier of the Northwest Territories is the government leader. The executive council of the Legislative Assembly selects one of its members as the premier.

C.

Legislature

Before 1999 the Legislative Assembly of the Northwest Territories had 24 elected members. With the creation of Nunavut, the territory’s Legislative Assembly was reduced to 14 members. However, legal challenges to the Legislative Assembly’s new electoral boundaries resulted in the addition of 5 new members, raising the number of members to 19. These elected members have the power to make laws that affect the residents of the Northwest Territories. Before 1999 the Northwest Territories Legislative Assembly was the only jurisdiction in Canada that did not operate on a party structure; Nunavut has since adopted the same system.

D.

Judiciary

The territorial courts consist of a supreme court, a court of appeal, and a territorial court. The more serious criminal and civic matters go before the supreme court, while less serious disputes go to the territorial court. Territorial court rulings may be appealed to the court of appeal. There is also a small claims court. Justices of the peace are present in most communities and try violations of territorial statutes and municipal bylaws. The federal government appoints judges to the supreme court, and the territorial government selects judges and justices of the peace.

E.

Finances

In 1998 the budget for the Northwest Territories was C$1.2 billion. With the division of the territory in 1999, the new Northwest Territories’ budget was reduced to C$742 million. The federal government provided about 90 percent of the budget. This level of financial dependence is due to two factors. First, the government of the Northwest Territories has a small tax base. Second, the territory has limited tax powers. For example, royalties from resource development are not collected by the territorial government but by the federal government. One-third of the budget of C$742 million is used for education and health care.

F.

Social Services

The territorial government is responsible for social services and health care. The Department of Health and Social Services delivers these services to residents through its hospitals, nursing stations, and social services offices. Yellowknife houses the main headquarters of this government department; regional offices are located in Fort Simpson, Fort Smith, Hay River, and Inuvik.