This is page numbers 127 - 170 of the Hansard for the 12th Assembly, 4th 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.

Topics

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 167

Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. Mr. Chairman, the term "zero tolerance" doesn't have a definite legal meaning per se. It is more of an expression and a statement of the attitude that society has towards a particular subject. I do know that the federal Department of Justice policy, with respect to spousal assault, has often been described as a zero tolerance policy. However, even within that zero tolerance policy, it does not mean that charges are automatically laid in every family dispute involving violence. Under the Criminal Code, an officer who lays a charge has to have reasonable and probable grounds to believe an offence has been committed. Accordingly, if the officer doesn't believe the person who is saying an offence has been committed, he would not be able to lay a charge because he wouldn't have the reasonable grounds that are necessary to have in order to go in front of a JP and say, "I believe this person committed an offence." Even within the federal government's own policy, it doesn't mean that all incidents automatically turn into charges.

Their policy is that if the investigating officer feels there are reasonable and probable grounds to believe that an offence has been committed as a result of a domestic dispute, that the investigating officer shall arrest the person committing the offence, unless public interest dictates otherwise.

So their policy is, in all cases where they have grounds to believe an offence has been committed, they will arrest. But there is a precondition that they must believe an offence may have been committed. I hope that helps the Member, Mr. Chairman.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

The Chair

The Chair Tony Whitford

Thank you, Ms. MacPherson. Mr. Gargan.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

Samuel Gargan Deh Cho

With regard to that again, just for clarification, where violence is against a woman or child does that take away from the impartiality of the courts -- by targeting specific groups?

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. Ms. MacPherson.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. I am not sure I understand Mr. Gargan's point. The spousal assault policy of the federal Department of Justice is phrased in gender neutral language. In other words, regardless of who the victim is, whether the victim is male or female or the victim is a child, the RCMP must lay charges if they have grounds to believe an offence has been committed. That policy is supposed to be gender neutral. If a man assaults a woman or a woman assaults a man, technically and theoretically it should not make any difference in terms of the officers forming the belief that an offence has been committed. Thank you, Mr. Chairman.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

The Chair

The Chair Tony Whitford

Thank you, Ms. MacPherson. Mr. Gargan.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

Samuel Gargan Deh Cho

So even in our own reports, we should be referring to violence against all people, as opposed to specific groups?

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. Ms. MacPherson.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

Law Clerk Ms. Macpherson

I think the issue of whether one would want to target a program towards women, men or all people is a political issue. It isn't a legal matter. The current federal government policy on the issue of violence is gender neutral, but other people may have more to say about the issue of violence in our society than I do from a legal perspective.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

The Chair

The Chair Tony Whitford

Thank you, Ms. MacPherson. Mr. Gargan.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

Samuel Gargan Deh Cho

You said that the policy is gender neutral, "While recognizing in most cases of spousal violence the man is the perpetrator. The policy seeks to ensure that full investigation and prosecution of spousal violence...It also seek to improve protection and assistance to victims..." When you refer to that is it because in all cases the perpetrator is always a man? Or is it because only charges are laid against men as opposed to women? Violence is caused against men also. It is reported and no charges are ever laid.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. Ms. MacPherson.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. I think that there are two very different issues here. The first issue is the gender breakdown of charges that are made in society and I think most people would agree that all of the statistics indicate that the vast majority of charges involve violence by a man against a woman. That's the first issue. The second issue is the reason for the disproportionate number of charges against men is because RCMP officers may discount violence that's committed by women towards men. I don't know the answer to that. I'm not sure if anybody knows the answer to that but there perhaps could be an argument that RCMP officers would be less likely to charge a woman with assaulting a man than vice versa. I have to say quite clearly, for the record, that I don't have any statistics on that particular theory.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

The Chair

The Chair Tony Whitford

Thank you, Ms. MacPherson. To the motion. Mr. Gargan.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

Samuel Gargan Deh Cho

Yes, Mr. Chairman. If it would be acceptable to the committee, maybe they could change their preamble to say, "to end all violence against all persons," or "everyone." I have no problem with the recommendation.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. I think this will be directed towards Mr. Dent. Mr. Dent, if you would care to respond?

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 168

Charles Dent

Charles Dent Yellowknife Frame Lake

Mr. Chairman, in fact, the recommendation -- the part that we're voting on -- does say a zero tolerance towards violence. It doesn't say anything about gender or age. It just says that all violence is unacceptable. We didn't put in the recommendation anything like that and in the preamble we do say that we need to stop family violence. That is what we heard when we were travelling around. People said for us to have healthy communities, we have got to stop family violence. We heard that people were still being abused. We also heard in every community that the problem was particularly bad for women and children. That's not to say that we didn't hear, as Mr. Gargan has pointed out, that sometimes violence goes the other way. You will also notice that in recommendation 19 in this report we specifically single out elder abuse. We heard that was a big problem too.

I must say that, as well as statistics which support that the vast majority of acts of violence are against women and children, that is what people say in the communities too. They told us that they expected our committee to come out and say that, in particular, we had to try and do something to address this sort of violence. Our recommendation doesn't say that there isn't all types of violence and it doesn't say that we see any type of violence as being less offensive than any other.

In fact, any type of violence is wrong and that's why the policy says "zero tolerance towards violence," against all persons. Just the way it's phrased, it's a policy of zero tolerance towards violence. That means no tolerance at all towards violence of any sort. That's what that recommendation means. It doesn't mean just women and children. It doesn't mean that at all. It means that any act of violence is one that we condemn. We want to see a policy in place which says that this government condemns it as well.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 169

The Chair

The Chair Tony Whitford

Thank you, Mr. Dent. To the motion, Mr. Zoe.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 169

Henry Zoe

Henry Zoe North Slave

Mr. Chairman, I agree with the general tone of the motion and particularly with regard to zero tolerance towards violence but I have problem with the wording of the policy. We're directing the government to develop a policy of zero tolerance. I have difficulty with that; I don't know how the government would develop such a policy in regards to this. I'm just wondering, if they do develop this type of policy, who is going to enforce it? That is the main problem, I think. Maybe the wording should have been something to the effect that the principle of zero tolerance towards violence should be adopted by our government and widely publicized.

I think that would be more appropriate than requesting the government to put it in the form of a policy. I would strongly suggest to the mover of the motion that my suggestion could be incorporated. I can't see how the government can incorporate the wishes of the Chairman of the Standing Committee on Health and Social Services.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 169

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. In order to do that an amendment would have to be made to the motion but we are speaking to the motion that a policy of zero tolerance towards violence must be adopted by the government and widely publicized, as it reads. To the motion. Question has been called. To the motion. Mr. Gargan.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 169

Samuel Gargan Deh Cho

Mr. Chairman, last Wednesday, Stats Canada came out with a report on violence against women. They interviewed approximately 12,300 women over the age of 18, but they excluded the Yukon and the Northwest Territories in the interviews. Mr. Chairman, I have no problem with the motion but I would also hope that when such publications come out that we look at them objectively. I'm afraid that if something like this is adopted then naturally the first reaction is that the men are the ones who are causing all the violence. I hope that is not going to be the intent of the publication. Just like the courts, this Assembly should be neutral and say that violence against all persons is unacceptable. I hate being slapped, you know.

The other thing, Mr. Chairman, is that in my own background, my own experience is that I have been violated quite a bit by women who were placed in trust. I won't bring it up and a lot of people choose not to bring up these things. We talk about the healing process and when we do that, when we develop those areas, you also have to look at disclosure. Alkali Lake is a good example of that. When the healing process happened, charges were laid and a lot of people went to jail. I suppose that's all part of the process. Once you sober up, you could very well end up being alienated within your own community. It happened in Alkali Lake. When the healing process happened, people became enemies.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 169

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. To the motion.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 169

An Hon. Member

Question.

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 169

The Chair

The Chair Tony Whitford

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Do you wish to continue, Madam Marie-Jewell?

Committee Motion 12-12(4): To Adopt Recommendation 8, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 169

Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. Mr. Chairman, current policies against domestic violence do not provide enough protection for women and other victims. Treatment, counselling, mediation, conciliation and follow-up services are also required. Relocation, housing and other programs must be reviewed to ensure that victims are not placed at a disadvantage in the community through no fault of their own. In particular, housing policies should be changed so that leases in family situations require two signatures in order to protect both parties. Leases could also contain a provision that the offender should be the one to leave the home following an act of violence.