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 11-12(4): To Adopt Recommendation 7, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 165

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. To the motion.

Committee Motion 11-12(4): To Adopt Recommendation 7, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 165

An Hon. Member

Question.

Committee Motion 11-12(4): To Adopt Recommendation 7, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 165

The Chair

The Chair Tony Whitford

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

---Carried

Mrs. Marie-Jewell, Member for Thebacha.

Committee Motion 11-12(4): To Adopt Recommendation 7, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 165

Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. Mr. Chairman, for us to achieve healthy communities we need to stop family violence. In spite of the GNWT policy against family violence, too many people are still being abused. In particular, we must increase our efforts to end the violence against women and children.

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

November 23rd, 1993

Page 165

Jeannie Marie-Jewell Thebacha

A policy of "zero tolerance" toward violence must be adopted by the government, and widely publicized.

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

Page 165

The Chair

The Chair Tony Whitford

Thank you, Member for Thebacha. We have a motion on the floor. To the motion. Mr. Gargan. Mr. Lewis.

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

Page 165

Samuel Gargan Deh Cho

Just with regard to the preamble, I have no problem with the recommendation. But, is there a reason why it's just women and children or should it be all persons?

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

Page 165

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. Member for Thebacha.

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

Page 166

Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. I believe the other recommendations in regard to the elders and to all of society...I agree with the Member that it shouldn't be specifically targeted to women and children but I believe that from statistics that we have received and comments that we received as a committee when we crossed the north, there was concern to recognize that every effort has to be made to end violence against women and children. Therefore, these are some of the reasons why the committee put it in this context. I will tell you that we certainly recognize elder abuse. We recognize that there is elder abuse. We recognize that there are many other forms of violence and abuse and have attempted to deal with them in other areas of this report. Therefore, this is why we have stated women and children, but we certainly would encourage Members that we have to make our effort to end the violence in our society. It's basically what it should have read. That's what we are trying to encourage. Thank you.

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

Page 166

The Chair

The Chair Tony Whitford

Thank you, Member for Thebacha. The Chairman recognizes Mr. Lewis.

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

Page 166

Brian Lewis Yellowknife Centre

Thank you, Mr. Chairman. The words "zero tolerance" have been used quite extensively over the last several months and certainly I believe that people accept the idea that this is a good way to describe what you would like to have as an attitude throughout your society, but when you use the word policy -- it's our policy -- policy normally means a commitment of a service to the public that you serve. So, whenever you enact any kind of policy you have to know what it means. What does that mean if you do that? Does it mean that it imposes something on the public service? We are talking here about the government adopting a policy so you are assuming, therefore, that it has to do with the way public servants within the public service behave.

Before we can vote on something like this, we have to have an understanding of what exactly a policy of zero tolerance means in active, real, concrete terms. What is expected to be done to those people that don't practice zero tolerance? I want to be sure we are adopting more than just nice sounding words. To me, and I used the example today, that we have zero tolerance towards violence in this Assembly. If somebody decides to strike somebody, they're history, they're out of here. That is zero tolerance. In this Chamber, there is zero tolerance towards violence; you know that if you practice violence something will happen to you. So what does it mean when the governments adopt a zero tolerance policy? Does it mean, for example, that if somebody strikes somebody in the workplace, in a government workplace, that they will be fired automatically? Or does it mean that they will be sent home for a week without pay? If we talk about words, they may sound good but are there any teeth to it? Does it mean anything? Is it more than just something that sounds nice and sounds right? I know that the public very often feels that words used in any kind of political arena are just that, unless you really put teeth into it. You must mean what it is that you are committing yourself to do, if in fact violence continues in the workplace or violence continues in communities or whatever. I would like to have an understanding from the committee chairperson or any other Member of the committee as to what is meant by it. What do we mean by zero tolerance adopted by the government? What does the government intend to do in the area of policy making on this particular issue?

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

Page 166

The Chair

The Chair Tony Whitford

Merci, Mr. Lewis. Mr. Kakfwi.

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

Page 166

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman. The wording of this recommendation is what I wanted to address. The government already has taken a policy of saying that it recognizes the problem of the continuing escalating violence against women and children in the north. We have set up programs and certain initiatives to show that as a government, we're addressing this problem and that we are putting some money and some effort into helping communities and organizations address the problems.

Members have raised the point that the more elderly citizens of the Northwest Territories are also victims of violence and that might be, and perhaps should be, referred to in this recommendation. The way I read it, when it says the government here, it should be more explicit that it's talking about the Cabinet and Members of the Legislative Assembly, that we must each individually adopt this policy as elected people. This is what I had spoke to earlier this week. I wanted to raise this because the recommendation is very short and I think it could be reworded with my suggestions in mind.

What zero tolerance means, implies I guess that there is some tolerance now for violence. There are people who suffer as victims of violence in the north and that as leaders, as a government and as people in authority and responsibility, we do allow the systems and the situation where many of these things are tolerated. We haven't taken a focused approach to addressing it and saying we must wipe it out. We must address it at the first instance possible. That's what the words zero tolerance mean. It means, those of us who accept this policy will not condone it, either from ourselves or from members of our family, our relatives, our communities or our leaders, and that we commit to addressing it in every instance and taking what measures are necessary following this commitment to addressing it.

We have to make a commitment to zero tolerance. It follows I guess, that it means for all people and we need to mention women and children and also the senior citizens of the Northwest Territories, then we should say that. It should not just be said to be adopted by government, but perhaps it should be more explicit by stating that it's the Members of this Legislative Assembly and the Members of this Cabinet who will adopt this policy. Thank you.

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

Page 166

The Chair

The Chair Tony Whitford

Thank you, Mr. Kakfwi. To the motion. Mrs. 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 166

Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. Just to attempt to answer Mr. Lewis' questions. Basically, as we travelled, there were many concerns with respect to family violence and there were many concerns and comments with regard to violence in itself. There were many expressions of what was acceptable to society with respect to violence and what should not be acceptable or tolerated. The concern that the public had was regardless of what type of violence we have out there, regardless of who it is against, whether it's elders, children, women, the disabled or any individual in society, that any form of violence should not be tolerated. Zero tolerance basically means that no violence should be tolerated in any way, shape or form, to put it quite clearly.

Mr. Chairman, it seems that there's some concern in the public that some types of violence are acceptable in some parts of society, or some places in society. Basically the public is saying that we have to make every effort to state to the public that no type of violence should be tolerated and that it should not be acceptable at all in our society. This is why we've recognized that the government has made some effort to deal with violence. We've recognized they've made an effort through providing shelters and to providing homes.

If you go across the territories, only some communities have safe shelters in the territories. When you look at stating that this type of thing should not be acceptable, we're basically saying that we agree, no type of violence towards any individual in society should be tolerated. Therefore, the government has to strive to develop a zero tolerance level of violence and it must be adopted and publicized and made every effort to get that message out to the public through their forms of programs and through their methods of communications. They have to let people in the territories know that they're serious in not tolerating any violence. Thank you.

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

The Chair

The Chair Tony Whitford

Thank you, Mrs. Marie-Jewell. The chair recognizes Mr. Dent.

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

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. I think Mrs. Marie-Jewell has made it abundantly clear that our recommendation does specifically say zero tolerance towards violence and we're talking about violence of any sort.

In answer to Mr. Lewis' question about what does this mean, we were aware when we were writing this report of the 1990 or 1991 policy that was adopted by this government on family violence. What we heard as we were travelling around was that it wasn't seen to have enough teeth. We were also aware at the time we were drafting the report that the Minister of Justice was working on a new draft policy for introduction in the House, which in fact he shared with us. That policy was tabled yesterday and it does contain answers to what should happen in cases where things happen. I think the committee was generally supportive of the direction the Minister of Justice was taking with that draft, and we look forward to debating it in more detail in the House. But we saw that as being something that would be adopted as a policy by the government to replace the current one, which people told us didn't appear to be having the effect that was expected.

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

The Chair

The Chair Tony Whitford

Thank you, Mr. Dent. 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 167

Samuel Gargan Deh Cho

Many Members did say that violence against any one should not be tolerated and I agree with them. But the other thing I would like to get clarification on is with regard to the meaning within the judicial system? Do we take away the rights of police forces? If a wife or a spouse reports that they have been hit, do we take away the RCMP's right of probable and reasonable grounds and say, violence has been reported and arrest this person, with no regard for circumstances. I don't know whether we are doing that. But I am sure if the police get the message that zero tolerance means exactly that, then that is the way they are going uphold the law. If a person decides her husband shouldn't go to the bar and reports it, they would automatically go to jail that night. I don't know what it means, but this is the way I look at it. Do we influence the judges to increase sentences for people who violate anyone?

I don't see as much senior citizen violence in Providence, but I do see a lot of men fighting amongst themselves. Those are the only exceptions to the zero violence? I have to look at it from that point of view. We don't have any RCMP, judges or lawyers here right now. I would appreciate it if Sheila were here to interpret it from a legal point of view.

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

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. 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 167

Samuel Gargan Deh Cho

Mr. Chairman, I am requesting that we get a legal opinion on that.

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

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. We are going to fetch the law clerk. This may be a good time to take a five minute break.

---SHORT BREAK

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

The Chair

The Chair Tony Whitford

The House will come back to order after a brief recess. Mr. Gargan, for the convenience of the Members and the law clerk, who is here with us now to answer your concerns, would you be able to restate your 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 167

Samuel Gargan Deh Cho

My question concerns the judicial system when we refer to zero tolerance towards violence. I know that when an offense is committed, normally police officers have probable grounds to arrest that person. If we were to adopt such a policy, does that compel the RCMP to not tolerate any violence? If violence is reported, then there are no questions asked? They arrest the person, investigate and if the report is frivolous -- regardless of whether the person did anything -- they are locked up in jail because of that policy being adopted. I would go further by asking whether the policy would have an impact on judgments being made by judges? That was my concern.

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

The Chair

The Chair Tony Whitford

Thank you, Mr. Gargan. The question is directed to the law clerk. Ms. MacPherson, would you be so kind to give us some advice?