The motion is in order. All those in favour? Opposed, if any? The motion is carried.

--- Carried

Bill 16 has had first reading. First reading of bills.

Item 17, second reading of bills. Item 18, consideration in committee of the whole of bills and other matters. Tabled Document 9-12(2), Strength at Two Levels; Tabled Document 10-12(2), Reshaping Northern Government; Tabled Document 12-12(2), Plebiscite Direction; Bill 14, Appropriation Act, No. 1, 1992-93; Committee Report 3-12(2), SCOF Review of 1992-93 Capital Estimates; Bill 8, Elections Act; Bill 10, Local Authorities Elections Act; Bill 11, Plebiscite Act, with Mr. Pudluk in the chair.

The committee will come to order. On Friday we were dealing with Bill 14, Appropriation Act, No, 1, 1992-93. What is the wish of the committee? Mr. Nerysoo.

Thank you, Mr. Chairman. I would ask if we could consider Bills 8, 10 and 11 as the first item of business, with the approval of committee Members.

Does the committee agree that we

go to Bills 8, 10 and 11 today?

Agreed.

--- Agreed

Thank you. Before we get into that, we will take a 15 minute break.

--- SHORT RECESS

Bill 8, Elections Act

The committee will come to order. We are dealing with Bill 8,An Act to Amend the Elections Act. Mr. Pollard, would you like to make any opening remarks?

Thank you, Mr. Chairman. Mr. Chairman, if I might request the permission of the committee to bring in two witnesses: Mr. David Hamilton, the chief plebiscite officer, and Diane Buckland, legislative counsel.

Is the committee agreed?

Proceed, Mr. Pollard. For the record, please introduce your witnesses.

Thank you, Mr. Chairman. Mr. Chairman, on my right is Diane Buckland, legislative counsel; and to my left a gentleman that you well-know, sir, the Clerk of the House, Mr. David Hamilton, in his capacity as chief plebiscite officer. Thank you, Mr. Chairman.

Thank you. I think I heard that name before. Mr. Minister do you want to make any opening remarks?

Minister's Opening Remarks

Thank you, Mr. Chairman. With regard to Bill 8, Mr. Chairman, An Act to Amend the Elections Act, the purpose of this bill before you is to amend the Elections Act to lower the age at which a resident may vote at a territorial election for its Legislative Assembly, from 19 to 18 years of age.

Mr. Chairman, this amendment was a result of direction given to cabinet by Motion 31-12(1), which adopted the voting age at an election in the Northwest Territories be changed from 19 to 18 years of age. The motion was adopted unanimously by the Assembly, and it also requested that cabinet introduce the necessary amendments to the Local Authorities Elections Act and the Plebiscite Act. This is the reason for the amendment before you, as well as the amendments contained in Bills 10 and 11 which I understand we will be handling later, Mr. Chairman. Thank you, Mr. Chairman.

Thank you. Are there any general comments from the committee? Mr. Nerysoo.

Mr. Chairman, I will deal with my comments from the standing committee on legislation as we get into the specific bills.

My apology. Chairman of the standing committee on legislation, do you have any opening remarks?

As I indicated, Mr. Chairman, I will deal with making my general comments with each specific bill as we deal with them, and then with specific concerns that were raised in the standing committee on legislation that I believe the Minister may be prepared to address at that particular time.

Mr. Nerysoo, if you have any comments on Bill 8, now is the time. Mr. Nerysoo.

Comments From The Standing Committee On Legislation

Thank you. Mr. Chairman, the standing committee on legislation reviewed Bill 8 at its meeting on Thursday, February 27, 1992. Members of the standing committee appreciated the attendance of the Hon. John Pollard, his officials and the chief plebiscite officer, Mr. Hamilton, who introduced the bills and responded to any of the questions and comments that were raised by the standing committee Members.

Mr. Chairman, this bill is very straightforward. It would amend the Elections Act to lower the age at which a resident of the Northwest Territories can vote in a territorial election. Presently, the voting age is 19 years and this bill would change it to 18 years of age. Upon review, the standing committee on legislation voted to refer this bill without amendment to the committee of the whole for consideration today.

Mr. Chairman, I wish to note here that a concern was raised during the standing committee review which pertains to each of the bills which reduce the voting age. Honourable Members will be aware of the fact that less than a month ago a decision in the federal Court of Appeal drew attention to the constitutionality of legislative provisions which prohibit inmates from voting. Our Local Authorities Elections Act and Plebiscite Act all contain similar prohibitions. Particularly, given the impending date of the boundary plebiscite, Members of the standing committee on legislation were concerned about the implications of a Charter challenge related to the rights of inmates to vote. Such a challenge would affect all voters in the plebiscite, including people 18 years old, with which this bill is dealing. The standing committee wished to urge the government to complete its review of this matter at the earliest opportunity. Mr. Chairman, that concludes our introductory remarks with regard to Bill 8.

Thank you. General comments on Bill 8. Mr. Arvaluk.

Thank you, Mr. Chairman. This particular bill, or the subject at that time, was discussed during the Nunavut Leadership Summit in lqaluit. Historically, the voting age was 21, and then they lowered it to 19. First of all I should point out that the Tungavik Federation of Nunavut requested that the voting age -- the youth of the NWT requested the voting age be lowered to 16. However, we all know that this is a subject that cannot easily be drastically changed, in terms of lowering it or raising it. This is not only a legal question but it is a social question that is not easily, drastically changed. With that feeling of the people in general, especially the adult population, we felt that it was necessary to try to maintain the responsible decision rather than making a drastic change and lowering it to less than age 18. Thank you, Mr. Chairman.

Thank you. Are there any further general comments? Mr. Gargan.

Mr. Chairman, with regard to the statement that was made by Mr. Nerysoo, I would like to ask if there has been -- our legal counsel might know -- whether or not there has been an appeal launched by the federal government with

regard to the ruling by the federal court?

Thank you. Law Clerk.