This is page numbers 1147 - 1190 of the Hansard for the 12th Assembly, 2nd 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 chairman.

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Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

September 29th, 1992

Page 1178

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, I am pleased to introduce the Act to Amend the Young Offenders Act. The purpose of this bill is to amend the Young Offenders Act to give the Minister of Justice authority for the entire act.

The Young Offenders Act currently provides that the Minister of Social Services has authority for some matters under the act, and the Minister of Justice has authorities for other matters. With the transfer of corrections services from the Department of Social Services to the Department of Justice, it is now necessary that the Minister of Justice have full authority for administering the Young Offenders Act. This amendment would have that effect. Thank you.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

Thank you. Chairman of the Standing Committee on Legislation, Mr. Arngna'naaq.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. The Standing Committee on Legislation reviewed Bill 32 at its meeting on September 23, 1992. Currently the responsibility for the administration of the Young Offenders Act is shared by the Minister of Justice, and the Minister of Social Services. The bill will amend the Young Offenders Act to remove responsibility for the administration of corrections services for young offenders from the Minister of Social Services.

The bill will make the Minister of Justice responsible for the entire act. The act applies to young persons between the ages of 12 and 18 years, who are charged with offenses. Specific areas of responsibility transferred to the Minister of Justice would include the designation of facilities as place of custody for young offenders, the establishment of a review board for the review of dispositions, the appointment of a territorial Director, youth workers, and a Youth Justice Committee to assist with the administration of the act, and to provide programs and services for young offenders.

Mr. Chairman, the Standing Committee on Legislation remains committed to a process which involves ready public access and input to proposed legislative amendments. However, this bill reflects a straightforward administrative change which is necessary to give effect to the prior decision of this government to transfer responsibility for corrections services from the Department of Social Services to the Department of Justice.

Although there may be differing philosophies with respect to this transfer, the decision has been public for some time. Accordingly, the Standing Committee on Legislation did not hold public hearings on this amendment. However, we wish to affirm our commitment to the principle that the public should have a voice with regard to the principle, and substance, of any proposed law. As a rule, we will continue to give effect to this principle in the future.

Members of the committee expressed some concerns respecting the extent to which the Department of Justice is prepared to take over corrections services, and the associated responsibilities to youth. Members may wish to comment on these as we proceed with today's review of Bill 32 in committee of the whole.

Generally, however, the standing committee found the amendments, and passed a motion on September 23, to report that this bill is ready for consideration for committee of the whole.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

Thank you. What is the wish of the committee, that we go clause by clause?

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

Some Hon. Members

Agreed.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

The Chair Richard Nerysoo

Clause one.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

Some Hon. Members

Agreed.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

The Chair Richard Nerysoo

Clause two.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

Some Hon. Members

Agreed.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

The Chair Richard Nerysoo

Clause three.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

Some Hon. Members

Agreed.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

The Chair Richard Nerysoo

Thank you. That concludes Bill 32. Is it the wish of the committee that we agree that Bill 32 is ready for third reading? Agreed?

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

Some Hon. Members

Agreed.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

The Chair Richard Nerysoo

Mr. Koe.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

Fred Koe Inuvik

I am not sure where a Member is allowed to make comments if they do not really apply to any of the clauses.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

That probably was my mistake. However, is it the wish of the committee that we allow Mr. Koe some general comments? Unanimous consent? Agreed?

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1178

Some Hon. Members

Agreed.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

Thank you. Go ahead, Mr. Koe.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

Thank you. As the Chairman of the Standing Committee on Legislation mentioned, Members of the committee may wish to make comments, and as a Member of the committee, I wish to make a few comments.

One of the concerns that was raised in the discussions at committee level regarding, not necessarily this act, but the transfer of responsibilities from Social Services to Justice, involve the people in the communities, and in the field, who are responsible for young offenders. Currently the workers, the social services workers, or parole officers, whatever their titles are for dealing with young offenders, have the responsibility, in the field, to deal with the act regarding the Young Offenders Act.

Now, with the transfer from the Minister of Social Services to the Minister of Justice, my concern is who is responsible For the workers who deal with the youths that fall under the Young Offenders Act? The Minister of Justice has no responsibilities for our social workers in the communities. I just raise this, because it is something that some of us had concerns about, it was not covered in this amendment, but I assume that it is a concern for future legislation, or the old act involving the Minister of Justice, and the involving the Department of Social Services.

Again, you have parole officers, or young offenders officers, whatever their titles are, having to report to Ministers in some cases, and I raise it as a concern.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

Thank you. Any other comments? No? Mr. Ningark, I apologize.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Ningark Natilikmiot

Thank you, Mr. Chairman. Personally, I do not have any problems with the proposed Bill 31, so long as the community justice will be involved. I think we should make every effort to enhance community justice. I understand that, in some communities, Mr. Chairman, we have a justice committee. If this new bill becomes an act, approved by the House, we should try and make sure that community justice committees, or whatever you call it, is involved during the process, whatever the process may be, in dealing with young offenders. That is my concern, Mr. Chairman.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Richard Nerysoo

Thank you. Any other comments? Mr. Gargan.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Samuel Gargan Deh Cho

Thank you, Mr. Chairman. Just with regard to section 28, 41, 89 and 92, the Minister responsible for Social Services is changed to the Minister of Justice, but in section 28, Mr. Chairman, the Minister shall designate, by order classes, or places of facilities, that in the opinion of the Minister, are suitable for open custody.

We do not have justice personnel in the communities. So, how are we dealing with this issue? I think it was discussed, Mr. Chairman, in length in the Standing Committee on Legislation. I will refer to 41, too, but I just want to know how, exactly...

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1179

The Chair Richard Nerysoo

Thank you. Mr. Kakfwi.

Bill 31: An Act To Amend The Young Offenders Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1179

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, as the Members know, I have the comfort of having a Deputy Minister sit with me when we are having a discussion on the budget, and that is one of the items that is up for discussion. I know when we are dealing with open custody and corrections in general, and justice issues, we will continue to keep working with social workers and the Department of Justice, particularly seeking their input and advice on issues like this. There is, as the Member knows, an increased interest in many communities to become much more involved in the administration of justice in areas of what would be considered suitable open custody, which will be given a broad and liberal interpretation. Thank you.