Some MLAs still critical of Indigenous Employment Policy

Some regular MLAs remain critical of the NWT government’s impending Indigenous Employment Policy despite changes.

NWT officials announced the new hiring policy in December 2024, which aims to increase Indigenous representation in the territory’s public service. It is set to replace the territorial government’s affirmative action policy on April 1.

Following criticism from several members of the public and regular MLAs that the policy would fail to prioritize Indigenous northerners, among other concerns, finance minister Caroline Wawzonek proposed implementing a “two-tier system.”

Under that system, she said, the new policy will give first priority to recognized members or descendants of First Nations, Inuit and Métis people who are “Indigenous to the present boundaries” of the NWT.

Second priority will be given to Indigenous people who are recognized members or descendants of First Nations, Inuit and Métis groups within Canada but beyond the territory’s borders.

Minister defends policy

During a public briefing to a committee of MLAs on the amended policy on Tuesday, Wawzonek pushed back against suggestions that it will prioritize southern Indigenous people.

“One of the areas that I heard a lot during engagement … were that there are individuals living in the Northwest Territories who are Indigenous but who may not be members of groups who are within the present boundary,” she said, giving the example of Nunavummiut.

“This is to try to ensure we are capturing the fact that we want to prioritize Indigenous peoples broadly, and include anyone that may be found within the Northwest Territories and who is Indigenous, but recognizing that certainly Treaty obligations and nation-to-nation relationships suggest that tiered approach is appropriate.”

Wawzonek noted that while nearly half of the territory’s population is Indigenous, less than 30 percent of people who work for the NWT government are Indigenous northerners.

She said continuing to prioritize non-Indigenous northerners in hiring processes would violate mobility rights under the Charter.

The minister said the NWT government has other tools to support the hiring of all northerners, including requiring local knowledge in job descriptions and geographically limiting job competitions to NWT communities or regions.

She said “ordinary residents,” or people who regularly live in the NWT, will continue to be prioritized in the territory’s summer student and internship programs, which she called “a pretty significant pathway” to working in the public service.

Concerns about dropping priority groups

Not all MLAs are happy with the new policy.

Great Slave MLA Kate Reid said while she will back the new policy if it is supported by Indigenous MLAs, she was concerned that, unlike the affirmative action policy, the Indigenous Employment Policy will not prioritize people with disabilities.

“Diversity, equity and inclusion, or affirmative action, or whatever we want to call it, is fundamentally about prioritizing equity for underrepresented communities within the employer, especially underrepresented communities that have historical barriers to access employment,” she said.

During consultation on the policy, Wawzonek said, the NWT government heard that not everyone wants to disclose they have a disability during the hiring process. She added the territory still has a duty to accommodate employees with disabilities.

“We want to be in a position where people aren’t having to positively or proactively disclose but where accommodations can be available proactively by the department and by hiring,” she said.

Yellowknife Centre MLA Robert Hawkins added the new employment policy also drops women as a priority hiring group.

Tisha Heron, manager of diversity and inclusion, said the government recognizes there will be gaps once the affirmative action policy is rescinded. She reiterated there are other ways the territory can support the hiring of northerners and said the government will continue to research best practices.

Kieron Testart, the MLA for Range Lake, said the current prioritization of non-Indigenous northerners has not been constitutionally challenged in court. He characterized the new policy as “eroding the benefits northerners have come to enjoy and rely on.”

Wawzonek responded that non-Indigenous northerners are not an underrepresented or disadvantaged group within the territory’s public sector and have a low level of unemployment.

“There’s no benefit being eroded,” she said.

“We are changing the priority by which we hire for the public service, recognizing the gaps that have been around for a significant amount of time, and trying to take a step towards fundamentally altering that [by] actually filling the gaps in employment that we do see with those who are currently underserved by the availability of those positions.”

Some MLAs want more support for Indigenous hiring

At least two MLAs appeared supportive of the Indigenous Employment Policy.

Denny Rodgers, the MLA for Inuvik Boot Lake, said he was in favour of increasing Indigenous employment in the territorial government. To that end, he called for direct appointments and equivalencies.

Officials said finding equivalencies in job requirements is part of a “larger suite” of efforts the government is making, which includes the launch of an Indigenous recruitment retention framework.

Jane Weyallon Armstrong, the Monfwi MLA, said many Indigenous people are likely pleased the new policy will prioritize the hiring of Indigenous northerners. She also called for the territory to move jobs from Yellowknife to smaller communities to increase Indigenous employment.

Wawzonek said the territory’s remote work policy, which is currently being reviewed, is one way people can fill jobs based in Yellowknife or regional centres while remaining in small communities.

Some MLAs hope to halt policy

Shortly after the public briefing, the Department of Finance issued a press release stating it had approved the new Indigenous Employment Policy.

In the Legislative Assembly, Hawkins said he planned to introduce a motion, seconded by Testart, this Thursday that will call for an immediate halt to any further advancement or implementation of the policy.

He said the motion will also call on the finance minister to engage with MLAs on improving the existing affirmative action policy to support northern Indigenous people, long-term northerners, women, people with disabilities and other marginalized communities.

If cabinet members abstain from voting on the motion, as is usually their practice, and the motion passes, the government will have 120 days to respond. The motion would not have the effect of halting the policy’s rollout unless cabinet later chose to amend its approach.

Ollie Williams contributed reporting.