This is page numbers 94 - 112 of the Hansard for the 12th Assembly, 1st Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was age.

Topics

The Speaker Michael Ballantyne

That motion is stood down for today. Motion 28-12(1), Custom Adoption. Mr. Gargan.

Motion 28-12(1): Custom Adoption
Item 14: Motions

Page 107

Samuel Gargan Deh Cho

Thank you, Mr. Speaker.

WHEREAS custom adoption has been a fact of life for aboriginal people in the Northwest Territories for hundreds of years;

AND WHEREAS the Canadian Charter of Rights and Freedoms recognizes existing aboriginal rights;

AND WHEREAS case law in the Northwest Territories has recognized the validity of custom adoption;

AND WHEREAS the laws that govern the Northwest Territories should provide the same rights and protection afforded parents and children of legal adoption to parents and children adopted by custom;

NOW THEREFORE, I move, seconded by the honourable Member for High Arctic, that this Legislative Assembly requests the Minister of Justice to undertake a review of all territorial statutes to ensure that, where appropriate, the definition of "parents" and "children" will include custom adoptive parents and custom adopted children, so as to ensure that the parents and children of custom adoption will be afforded the same legal rights as currently exist between biological parents, parents by legal adoption and their children.

Thank you.

Motion 28-12(1): Custom Adoption
Item 14: Motions

Page 107

The Speaker Michael Ballantyne

Thank you, Mr. Gargan. Your motion is in order. Mr. Gargan.

Motion 28-12(1): Custom Adoption
Item 14: Motions

Page 107

Samuel Gargan Deh Cho

Thank you, Mr. Speaker. Most Members received a newspaper called the "Lawyer's Weekly," and in September there was a case in British Columbia where the adoptive parents were claiming compensation for a child who was in an accident. The adoptive parents were in their 90s, but the court in British Columbia made a ruling that because, under the Insurance Act, it identifies only the legally adoptive parents or the biological parents for benefits under the Insurance Act, this old couple were denied any kind of compensation.

I do have the copy of the case itself, but the case involves an application by the biological grandparents, who were also the custom adoptive parents, for compensation due to the death of their grandson by custom adoption. Under the regulations made pursuant to the Insurance Motor Vehicles Act, dependent parents could claim for compensation from the insurance corporation. The issue was whether the words "dependent parents" included those parents who were parents by custom adoption. The Supreme Court of British Columbia held that adoption by custom only provides moral rights or obligation. There are no legal rights or obligation. In other words, Mr. Speaker, under the present Insurance Act in BC, the custom adoptive parents could not claim compensation unless it was their natural child.

The elders themselves, under section 5 of the Charter of Rights, would have challenged that act on the basis that it was unconstitutional because custom adoption is like a customary practice and aboriginal right. However, Mr. Speaker, the elders have no money to challenge the act itself. The Insurance Act in BC is still a legal document, but in the NWT, where we do practise custom adoption, it is recognized. But in all the acts themselves there are a lot of places where it refers to parents and a child, and a "child" means a person who "in the absence of evidence to the contrary, appears to be under 18 years of age." Parents include a guardian except in part four. This is under the Child Welfare Act.

But in a lot of acts right now, the NWT Act, Education Act, Social Assistance Act, you have the definition of "parents" and you also have the definition of "child." But when those definitions are there, they do not necessarily refer to a custom adopted child. What I am asking the government to do is basically review all their statutory laws to ensure that where the definition of "parents" or "child" is written, then they include in there "custom adopted child" or "custom adoptive parents".

In the event that a ruling like this happened here in the NWT, I am sure it would be challenged. Basically that is the only reason I made the motion, just to ensure something like this does not happen, or in the event that there is an accident or a death of custom adoptive parents or child, that perhaps even the insurance companies do not use that excuse of denying the custom adoptive parents compensation, or the child compensation. Thank you, Mr. Speaker.

Motion 28-12(1): Custom Adoption
Item 14: Motions

Page 108

The Speaker Michael Ballantyne

Thank you. Seconder of the motion. Mr. Pudluk.

Motion 28-12(1): Custom Adoption
Item 14: Motions

Page 108

Ludy Pudluk High Arctic

(Translation) Thank you, Mr. Speaker. I was glad to second this motion. Mr. Gargan spoke very well on the motion. Aboriginal people believe in this. Our elders really believe in this; it is our culture. They would like to be able to adopt children when they want to. The aboriginal people in the NWT adopt children without going through the court system. This is our custom, and we believe in our custom. We would like to see this dealt with. If a baby were to be taken away from adoptive parents -- we do not believe this should happen. If parents are not treating their adopted children properly, they are able to talk to the people who adopted the child. This is the way it is in the NWT.

Motion 28-12(1), Carried

Motion 28-12(1): Custom Adoption
Item 14: Motions

Page 108

The Speaker Michael Ballantyne

Thank you. To the motion. Question has been called. All those in favour? Opposed, if any? The motion is carried.

---Carried

Motion 29-12(1), Adoption of Statute Roll, Third Volume. Ms. Cournoyea.

Nellie Cournoyea Nunakput

Thank you, Mr. Speaker:

WHEREAS the statute roll of the third volume of the supplement to the Revised Statutes of the NWT, 1988, in the English and French languages, was deposited with the Clerk of the Legislative Assembly on December 2, 1991, pursuant to subsection 8(3) of The Adoption of the French Version of Statutes and Statutory Instruments Act;

AND WHEREAS the statute roll has been laid before the Legislative Assembly as required by subsection 12(2) of the Statute Revision Act and subsection 3(1) of The Adoption of the French Version of Statutes and Statutory Instruments Act;

NOW THEREFORE, I move, seconded by the honourable Member for Sahtu, that the Legislative Assembly hereby approves the statute roll, third volume.

The Speaker Michael Ballantyne

Your motion is in order. To the motion. Ms. Cournoyea.

An Hon. Member

Question.

The Speaker Michael Ballantyne

Question has been called. All those in favour? Opposed, if any? The motion is carried.

---Carried

Samuel Gargan Deh Cho

Mr. Speaker, my seconder is not in the House.

The Speaker Michael Ballantyne

We will leave this motion until Monday. Next is Motion 32-12(1), Adult Education Centre, Hay River Reserve. Mr. Antoine.

Jim Antoine Nahendeh

Thank you, Mr. Speaker. Can we stand this motion down too, please?

The Speaker Michael Ballantyne

We will stand down this motion until Monday. Motions.

Item 15, first reading of bills. Item 16, second reading of bills. Mr. Pollard.

John Pollard Hay River

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Amittuq, that Bill 1, Supplementary Appropriation Act, No. 2, 1991-92, be read for the second time. The purpose of this bill is to make supplementary appropriations for the Government of the Northwest Territories for the fiscal year ending March 31, 1992. Thank you, Mr. Speaker.

The Speaker Michael Ballantyne

Thank you. Your motion is in order. To the principle of the bill.

An Hon. Member

Question.

The Speaker Michael Ballantyne

Question is being called. All those in favour? Opposed if any? The motion is carried.

---Carried

Bill 1 has had second reading and will be put into committee of the whole. Mr. Pollard.

Second Reading Of Bill 2: Borrowing Authorization Act
Item 16: Second Reading Of Bills

Page 109

John Pollard Hay River

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Nunakput, that Bill 2, Borrowing Authorization Act, be read for the second time. The purpose of the bill is to provide authority to the Commissioner or the Minister or the Comptroller General acting for the Commissioner to borrow money up to a limit of $65 million to ensure that the Consolidated Revenue Fund can meet lawfully authorized disbursements; and to repeal the Temporary Borrowing Authorization Act, S.N.W.T. 1990, c.15 and the Borrowing Authorization Act, S.N.W.T. 1991, c.36.

Second Reading Of Bill 2: Borrowing Authorization Act
Item 16: Second Reading Of Bills

Page 109

The Speaker Michael Ballantyne

Your motion is in order. To the principle of the bill.

Second Reading Of Bill 2: Borrowing Authorization Act
Item 16: Second Reading Of Bills

Page 109

An Hon. Member

Question.

Second Reading Of Bill 2: Borrowing Authorization Act
Item 16: Second Reading Of Bills

Page 109

The Speaker Michael Ballantyne

Question has been called. All those in favour? Opposed, if any? The motion is carried.

---Carried

Bill 2 has had second reading and will be put into committee of the whole. Mr. Pollard.

John Pollard Hay River

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Natilikmiot, that Bill 3, An Act to Amend the Adoption of the French Version of Statutes and Statutory Instruments Act, be read for the second time. The purpose of the bill is to permit regulations in force on December 31, 1990, that have been repealed or repealed and replaced since that date, to be excluded from the revised regulations, 1990. It would also exclude the Supreme Court rules which are already in bilingual form. Thank you, Mr. Speaker.

The Speaker Michael Ballantyne

Your motion is in order. To the principle of the bill.