This is page numbers 691 - 717 of the Hansard for the 12th Assembly, 3rd 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 justice.

Topics

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

The Chair Ludy Pudluk

Thank you. Police services, total O & M, $26.533 million. Mr. Whitford.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. I wanted to go back to an area which I was asking about in the House yesterday. It dealt with the services which the RCMP provide when it comes to administering the firearm acquisition certificate program. There seems to be an unwritten policy which the RCMP dictate to our government, or to the population, that we must not pay for these firearm acquisition certificates with cash, they must pay with cheque or money order. Although I asked the question yesterday, when I reflect back on it, I still have not received an answer which would stop me from wondering why they are doing this in this one program. As I said yesterday, is this the thin tip of the wedge which escalates into only having cash in the banks. You will not be able to carry it around and use it to buy products or services. Some of us do not like to use cheques or money orders. Some of us still want to pay in cash. If I wanted to go and get my firearms acquisition certificate and I have a nice crisp $50 bill, I want to use that. However, I would be told that I could not do it and that I would have to get a certified cheque, which would cost me $2.50, or as high as $7 in some cases, or a money order. I have to trudge down and get the bank draft. Who are we serving here? Is this a policy which was established in the north only because, as the Minister had pointed out yesterday, the RCMP do not like to have cash in the detachment? Is this practised in other provinces and territory, or is this something which was established here for some reasons other than the fact that they do not like have cash in the detachment?

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

The Chair Ludy Pudluk

Thank you. Mr. Minister.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, the policy which we have initiated has been adopted nationally by governments with regard to this particular program we are accepting responsibility for. We accept a fee for the service we are providing in the Northwest Territories for the federal government, carrying out the program of the firearms acquisition certificates. I understand what the Member is saying. Relatively speaking, you apply once and it is good for five years. It is not like having to run around after registration and insurance, which you have to do every year. It is not like many of the other inconveniences. This is once every five years. The RCMP has said across the country that they are not interested in handling cash or in doing the leg work for people who submit cash with their applications. The RCMP has to handle this money. No one likes to send cash through the mail. The RCMP has to run around and convert these cash payments into more acceptable forms such as bank drafts or money orders. It is down right inconvenient. We have supported them and said our policy will be the same as everywhere else in the country. We will take payments only in the form of certified cheques, postal money orders, or Northern store money drafts.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

The Chair Ludy Pudluk

Thank you. Mr. Whitford.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. It is just this particular program for the time being. Let us say I have to pay a small fine for something minor and I go up to the counter and haul out my wallet and I want to pay for this small fine, plus the victims' assistance tax. Can I still use cash, or next week can I expect to have someone look at me and say, "Sorry, we do not accept cash, it is only cheque or money order." Are there other programs you would be introducing to this system to only accept cheques and/or money orders? There is no other program in your department which only accepts cheques and/or money orders.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

The Chair John Ningark

Thank you. Mr. Minister.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, there is no intention to extend this to other areas. There is no problem in accepting cash for fines and other transactions which are carried on at this time. It is limited to the applications for firearms certificates.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

The Chair John Ningark

Thank you. Police services, total O and M, $26.533. Mr. Gargan.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

Samuel Gargan Deh Cho

Thank you, Mr. Chairman. During the Christmas holidays this past year, the community of Fort Providence ran into a situation where they were going to be short two RCMP. I expressed my concern to the Minister, which I am sure he will recall. In his response, he indicated they could not provide the community with any extra policing. So, we ended up during the holidays with one RCMP member being stationed in Providence. We did not encounter any difficulties during the Christmas or new year holidays, but I suppose many communities run into that type of situation in which the detachment members choose to plan their holidays around that time of year. I wonder whether your department is involved with the coordinating of when police should be here and when they should not be, or is it the detachment that does that? What are the rules for RCMP taking their holidays? They deserve their holidays, but I would like to see it done in a more timely manner so it does not leave the community in a difficult situation. Perhaps an alternative police force is the answer.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

The Chair John Ningark

Mr. Minister.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, the proposed budget we have here also has an allocation to address the base deficiency which has been plaguing the RCMP in the past few years. By addressing that and filling in the deficiency they have suffered, it gives them much more flexibility in not only meeting the needs of the communities which have been denied police services, but also the possible flexibility to respond to situations such as Fort Providence. I cannot say for certain it will be done, but I know this budget will give the RCMP that necessary flexibility to respond, if that is the direction we give them.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

The Chair John Ningark

Police services, total O and M, $26.533 million. Agreed?

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 713

Some Hon. Members

Agreed.

---Agreed Legal Aid

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

The Chair John Ningark

Thank you. Next page is legal aid. Total O and M, $4.619 million. Mr. Gargan.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

Samuel Gargan Deh Cho

Mr. Chairman, what is the present situation with regard to the delivery of legal aid? Have you put a cap on it so that there are only a certain number of hours allotted for certain cases? What is the situation? Is that flexibility still there or are we looking at putting some time limits or values on certain cases as they apply? I know that lawyers are interested and I am concerned about it. I would like to find out what the situation is with regard to legal aid.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

The Chair John Ningark

Thank you. Mr. Minister.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, what we have done with the legal aid is put a cap on the total amount of hours which lawyers can spend on each individual case. To make sure it is a workable arrangement, there are negotiations currently going on with the law society to figure out what is an acceptable arrangement in regard to fee schedules, the payments which are made for the type of services and capping would be acceptable in different areas.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

The Chair John Ningark

Thank you. Legal aid. Mr. Gargan.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

Samuel Gargan Deh Cho

Thank you, Mr. Chairman. I wanted to express my concern, for the record, with regard to that whole issue. I believe that while we are not tampering with judges' training, we are tampering with the application of justice for aboriginal people where we are assisting them if they get into trouble. If you start putting caps on certain cases based on a negotiated level, that does not mean the application of justice is being applied equally. There are cases which would require more work than others. The Minister, on countless occasions, has responded by saying that the circumstances are different, and for that reason you cannot treat every case the same. I am hearing you say that if you steal, this is the cap. This is the level you will be paid for this individual and I disagree with that. If the Minister is suggesting all circumstances are different, then it should apply.

Several years ago, a member of my constituency died as a result of an accident at the workplace. Through legal aid, she was able to get a lawyer to work on her case, but when the final results of the case came up with regard to her options, in one of the cases it specified that this government has been negligent by not checking out the standards of the equipment present and the result is that they had equipment which was not up to safety standards, but it was still being used. By the lack of monitoring by this government, a young man lost his life. For this case, legal aid stopped their services. It was the opinion of the lawyer that he should go after the government for negligence. I would like to know where this government draws the line for who they provide that aid to? If a native person cannot afford to take the government to task, then is that where it stops? I am interested in that, Mr. Chairman, because I believe that the mother was wrong and I could do nothing about it because she was not provided the necessary legal fees to pursue this further. Perhaps she could have been compensated or maybe it means having the government go to court for negligence or whatever the case may be. After the work was finished, it did look promising, but it was stopped right there and that was it for that woman. She never went beyond what was given to her with regard to the kind of action she could take.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

The Chair John Ningark

Mr. Minister.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, the Legislature is interested in how we spend and budget money. It is my understanding that it was widely supported for this government to look at the area of legal aid and try to establish some limitations on how we would negotiate a reasonable budget which we would give to the legal aid services board for them to provide the services. That is what we have done. The legal aid services board itself develops its own criteria on how it will provide and extend its services to provide legal aid to people in the public. The government has never been in a position to deny support to people who want to take legal action, even against the government. We have never been a position to do this.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

The Chair John Ningark

Thank you. Legal aid, Mr. Gargan.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

Samuel Gargan Deh Cho

For the record, Mr. Chairman, why was a woman who lost her son and husband recently denied legal aid? Her name is Louisa Denetre. I want the Minister to provide the reasons why she was refused legal aid to pursue further action. Thank you.

Committee Motion 77-12(3): To Adopt Recommendation 14
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 714

The Chair John Ningark

Thank you. Mr. Minister.