This is page numbers 1053 - 1090 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 chairman.

Topics

Members Present

Hon. Titus Allooloo, Mr. Antoine, Mr. Arngna'naaq, Mr. James Arvaluk, Hon. Michael Ballantyne, Hon. Nellie Cournoyea, Mr. Dent, Mr. Gargan, Hon. Stephen Kakfwi, Mr. Koe, Mr. Lewis, Mrs. Marie-Jewell, Hon. Rebecca Mike, Hon. Don Morin, Hon. Richard Nerysoo, Mr. Ningark, Hon. John Pollard, Mr. Pudlat, Mr. Pudluk, Mr. Whitford, Mr. Zoe

---Prayer

Item 1: Prayer
Item 1: Prayer

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The Speaker Michael Ballantyne

Good afternoon. Orders of the day. Item 2, Ministers' statements. Mr. Kakfwi.

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, today I will be tabling the report of the ministerial working group on family law reform. This was first tabled on October 2, 1992. I would like to take this opportunity to update you on our progress with the report.

The eight member family law review working group was established in 1988, by the Honourable Michael Ballantyne, then Minister of Justice, and the Honourable Jeannie Marie-Jewell, then Minister of Social Services. The group was made up of representatives of the Dene Nation, Native Women's Association, Metis Nation, Inuit Tapirisat of Canada, Pauktuutit, Inuvialuit Regional Corporation, advisory council on the Status of Women, the Law Society and the Departments of Justice and Social Services.

A contractor was engaged and the working group had three researchers to help them in collecting information about customary family law. The researchers conducted extensive consultations in communities in all regions across the Northwest Territories.

The contractor did not finish the project. This led to some delays. The members of the working group took over the completion of the project. Their original roles had been to give direction to the contractor. The working group members were people who already had full-time commitments, so it was even a greater challenge for them to complete the report.

The report itself is made up of 256 working group recommendations. These recommendations are, to a large extent, based on background material contained in a lengthy appendix one, but for many of the recommendations there is no back-up material on which to proceed. A number of the recommendations have not received the consensus of the working group. Some members propose one course of action and other members propose a different solution. That leaves the Departments of Justice and Social Services with an even greater task to complete.

The report calls for the replacement of many of the current statutes with entirely new legislation. It also recommends the establishment of aboriginal justice councils to hear family law matters so that communities are able to control and govern their own lives according to the values and priorities of the communities themselves.

Since we received the report in late September, the Departments of Justice and Social Services have been reviewing the recommendations. Some of them have been identified as giving rise to constitutional issues and a legal opinion is being prepared on these. Members will have noted that one of the 1993-94 definitive objectives for the Department of Justice is to complete our consultation with interested organizations in preparation for drafting revised legislation.

Between now and the fall sitting of the Legislative Assembly the Department of Justice, working with the Department of Social Services, plans to analyze the recommendations and conduct the further legal research required to produce a consultation document for Members of the Legislative Assembly and the public.

By the end of the 1993-94 fiscal year we expect to have completed consultation and to have a drafting plan ready for legislative drafters. This will be a major drafting project and we have not yet determined the drafting time that will be required. This will not prevent us from dealing more quickly with some areas of the law which require immediate attention. During this process minor amendments can still be made to existing legislation.

The Status of Women council has reviewed the family law review report and has forwarded their remarks to the Department of Justice. Generally, the remarks are positive about the report. I encourage others to review the report and respond to it. Thank you.

The Speaker Michael Ballantyne

Thank you, Mr. Kakfwi. Item 2, Ministers' statements. Madam Premier.

Nellie Cournoyea Nunakput

Mr. Speaker, the Honourable John Todd will be absent from the House today as he is attending meetings with the Keewatin Inuit Association. Thank you, Mr. Speaker.

The Speaker Michael Ballantyne

Item 2, Ministers' statements. Item 3, Members' statements. Mr. Gargan.

Samuel Gargan Deh Cho

Thank you, Mr. Speaker. It is with heavy heart that I rise today ...

---Laughter

... to state, for the record, that the MLA Sharks were narrowly defeated by the media Ravens hockey team. Yes, Mr. Speaker, the unthinkable happened last Saturday evening in front of more than 100 spectators. The unsinkable MLA Sharks were benched 8-6 by the Ravens. We can take some consolation, however, in the fact that our very own Sheila MacPherson was named the media's most valuable player.

---Applause

---Laughter

Ms. MacPherson also had the distinction of collecting the first penalty of the game, a shameful fact that will probably get our lawyer disbarred. The Sharks can also take consolation in the fact that they played a good solid, and most importantly, Mr. Speaker, clean hockey game. Since I consider myself a good sport, Mr. Speaker, I will not accuse the media of cheating, although that we all know they did.

---Laughter

---Laughter

The Sharks were also disappointed when the Government Leader, Nellie "The Puck Stops Here" Cournoyea was arrested by the caribou cops just seconds after the game began, another shameful act, Mr. Speaker.

On the positive side, Mr. Speaker, we would like to thank the following MLAs for their fine performance: Titus "Beebop" Allooloo, Rebecca "You Are Lucky I Am The Minister Of Health" Mike, Richard "Madtrapper" Nerysoo, Henry "Zorro" Zoe, James "Lee Van Cleefe" Arvaluk, and Jim "The Lynx River Trapper" Antoine. I would also like to thank the Assembly staff and the deputy ministers who helped strengthen the Sharks' roster.

In closing, Mr. Speaker, I would like to apologize to the general manager, David "Scottie" Hamilton, on behalf of the Sharks for losing. I promise Mr. Hamilton that next year the road dog will be carrying our flag around the arena. By the way, Mr. Speaker, you will have to do a much better job at juggling the lines if you want to be a coach next year.

---Laughter

The Speaker Michael Ballantyne

One observation as a coach, on other teams people who criticize the coach are sent down to the minors and can play the rest of their career for a federal government farm team.

Item 3, Members' statements. Mr. Koe.

Fred Koe Inuvik

Mahsi, Mr. Speaker. I rise today to speak about the annual meeting of the Gwich'in renewable resources council, which was held in Inuvik from March 17 to 19, 1993. Renewable resources councils, which have basically replaced the hunters' and trappers' association, have been established by the Gwich'in comprehensive land claim agreement. Clause 12.9.1 of the agreement states that there shall be a renewable resources council in each Gwich'in community to encourage and promote local involvement in conservation, harvesting studies and research and wildlife management in the local community.

Mr. Speaker, I was very impressed with the level of commitment and the participation of the 30 plus delegates of this meeting. Many issues were discussed and some of the resolutions dealt with the compensation for hunters and trappers, and the establishment of a trap manufacturing plant. Many issues related to the Porcupine Caribou Management Board. They wish to establish a fur auction house. They wish to establish a renewable resource management program in the Gwich'in settlement area. They wish to establish a tannery. They also set some restrictions on hunting of grizzly bears and caribou on the Dempster highway.

Mr. Speaker, I will be tabling copies of the resolutions which were adopted at this meeting, later today. Again, I wish to congratulate the organizers of the meeting, all the participants, and, especially, the chairperson, William Greenland and the co-chairperson, Morris Blake, who kept the proceedings moving and discussions on track. Mahsi cho.

---Applause

The Speaker Michael Ballantyne

Thank you. We have visitors in the gallery, the mayor and deputy mayor of Fort Simpson, Mr. Ray Michaud and Mr. Tom Wilson.

---Applause

The Speaker Michael Ballantyne

Item 3, Members' statements. Mrs. Marie-Jewell.

Jeannie Marie-Jewell Thebacha

Thank you, Mr. Speaker, and in particular, thank you for coaching the hockey game. Mr. Speaker, on Thursday, March 18, I questioned the Minister of Justice, the Honourable Stephen Kakfwi, on the government's plans to make the River Ridge facility, located in Fort Smith, an open custody facility for young offenders. As members of the public may know, this facility was originally planned and built

as a secure custody facility for young offenders. Mr. Speaker, I am cognizant of the government's desire to save money by designating this facility as an open custody facility. It is my understanding the secure custody facility is currently being under utilized. Nonetheless, I am very concerned that the government is making this decision rashly and without adequate consideration of the need for young offenders.

Mr. Speaker, the federal Young Offenders Act has two very different definitions for open custody and secure custody. Open custody means custody in a community residential centre, group home, child care institution, wilderness camp or any other like place or facility. Secure custody means custody in a place designated or the secure containment or restraint of young persons. These two definitions suggest very different types of custodial facilities. The Minister has already indicated that there will be no renovations to the River Ridge centre which will remove the bars and other secure devices which makes this facility a secure custody facility.

Mr. Speaker, in a Prince Edward Island court case, the court held that the King's County Jail was a facility for adult offenders, a secure facility and also an open custody facility. Justice MacDonald, at the time, indicated the physical characteristics of a facility were relevant to a determination of whether the facility could be designated as an open custody facility. He indicated that the physical characteristics of an institution were not conclusive and that other characteristics such as the number of staff, the qualifications of staff, and the establishment of programs set for the benefits of offenders were also relevant for determining whether a place could be properly designated as an open custody facility within the meaning of the Young Offenders Act.

Similarly, in Nova Scotia's decision...

The Speaker Michael Ballantyne

Mrs. Marie-Jewell, your allotted time has lapsed.

Jeannie Marie-Jewell Thebacha

Mr. Speaker, I would like to seek unanimous consent to conclude.

The Speaker Michael Ballantyne

The honourable Member is seeking unanimous consent. Are there any nays? There are no nays. Please proceed, Mrs. Marie-Jewell.

Jeannie Marie-Jewell Thebacha

Thank you. Similarly, in Nova Scotia, the Nova Scotia Supreme Court held that the dual designation of a jail as both an open and secure placement was improper. In that decision the court focused on the lack of facilities and the lack of programs for guidance and assistance for young offenders in determining whether the designation was valid.

Mr. Speaker, the Young Offenders Act and judges in sentencing young offenders have made a very clear distinction between open custody and secure custody. I do not believe the Minister can simply wave his wand or his hand and without proper structural alterations and other personal modifications change a facility from open custody to secure custody. I will continue to pursue this issue with the Minister until such time as the concerns of my constituents as to the validity of the Minister's actions have been fully addressed by his department. Thank you.

The Speaker Michael Ballantyne

Item 3, Members' statements. Mr. Antoine.

High Quality Of Construction On Ingraham Trail
Item 3: Members' Statements

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Jim Antoine Nahendeh

Thank you, Mr. Speaker. Yesterday, I went for a drive on the highway out of Yellowknife. I thought at first this highway went nowhere. It is called the Ingraham Trail and 20 kilometres of it is paved. As I drove along the highway, I realized that this highway did go some place. At the end of the highway there is a mine and there is a great deal of transportation going back and forth. There are people taking advantage of that highway, they have cabins along the lakes, recreational facilities and people can ice fish and caribou hunt. This kind of highway is good for this community. As I was driving along, I realized if we had a highway down the Mackenzie Valley, there would be equal opportunity for us to enjoy the land as the people from Yellowknife enjoy their land.

---Applause

High Quality Of Construction On Ingraham Trail
Item 3: Members' Statements

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An Hon. Member

The eastern Arctic, too.

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Jim Antoine Nahendeh

The eastern Arctic, as well. The highway is important because people make use of the country. I was fortunate enough to run into a herd of caribou, so I took advantage of that as well.

---Laughter

High Quality Of Construction On Ingraham Trail
Item 3: Members' Statements

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An Hon. Member

A kilometre and a half off the road?

High Quality Of Construction On Ingraham Trail
Item 3: Members' Statements

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Jim Antoine Nahendeh

A kilometre and a half off the road, Mr. Speaker.

---Laughter

---Applause

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Jim Antoine Nahendeh

I also noticed that 20 kilometres of this highway was paved and I was thinking why could we not have the highway paved from Fort Simpson to the airport, which is only about 16 kilometres. If Yellowknife can have this, why can we not have this in Fort Simpson?

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Item 3: Members' Statements

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Some Hon. Members

Hear, hear.

---Applause