This is page numbers 1299 - 1351 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 shall.

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Committee Motion 155-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1344

Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. I would like to raise some areas of concern which were raised by some Members. Usually when an MLA speaks out with concerns from their communities they allude to businesses. However, my area has not been to concentrate on organizations or businesses, it is more to deal with the people themselves, individuals who have concerns. I would like to say at this point that right now MLAs do not have the power to order productions of documents to review confidential files that the government may have and then make an independent decision, which I think have the right to having access to information would have. When we were in the community of Iqaluit, we received a presentation from Maliganik Tukisiiniakvik, which is a legal group. Their concerns were that they deal with individuals, not businesses, every day where they are not able to access information on the individual's pension. The Tree of Peace, here in Yellowknife, were not able to receive information on the government. The Status of Women said they were not able to receive information on the government that they would like to see. So, there are areas that we, as MLAs, would not be able to access at this point.

To also address the question of costs of a bureaucracy, I think in the report, if you have read it or listened to what has been said, we indicated on page 23 "To extend the jurisdiction of right to information legislation through an additional statute to bodies such as local government bodies, self-governing professional bodies and organizations which receive a specific minimum level of government funding." I think if it were to be addressed in this way, then there would be minimal cost to the government to run this legislation. Thank you, Mr. Chairman.

Committee Motion 155-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. I have Mr. Arvaluk on the list.

Committee Motion 155-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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James Arvaluk Aivilik

In my campaign, I talked about the need to make it easier for ordinary people to get information so they can inquire about government programs et cetera, because I always thought it was almost impossible to get information from the government. After two years here, I find it is easier than I thought it was. Maybe someone was not pushing hard enough or trying to find out information as aggressively as I was.

I have no problem with the first part of the motion. However, for the second part, I am a little leery that we are hyped up right now in creating our own Nunavut government sometime soon. As my friend, Mr. Todd, stated this morning, I think in answer regarding one of the bills, because it is a revenue initiative, also it is done by other jurisdictions. With that kind of precedent setting, that when Nunavut is created we will probably have to include anything that a western Member or former NWT legislation has without Nunavut itself, through imaginative approach, creating their own legislation which is important to them. Mr. Patterson touched on a few of them: housing, social problems, anything that is important right now. I am not going to vote against this, but for the purpose of creating an ombudsman in the second part, I think we are being a little careless in not establishing this one by one. Let us go with the first part of the motion, and I will support it.

Perhaps sometime we could discuss again whether in fact the MLAs are not doing well enough and we need an ombudsman. Then, we could discuss that later, but right now we do not have any problem whatsoever with this present government or with our constituency in exchanging information or digging up information that people need. At least, I have not. I am a little leery about supporting the second part. Thank you, Mr. Chairman.

Committee Motion 155-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1345

The Chair John Ningark

Thank you. Mr. Gargan.

Committee Motion 155-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1345

Samuel Gargan Deh Cho

Mr. Chairman, there were quite a few people who did, as far as the witnesses go, represent different organizations which made presentations. Some people such as the Baffin regional health board made a presentation, the Baffin regional council, the women's resource centre, the media, the chamber of commerce, the Kitikmeot Regional Council, the Status of Women Council, Dene Nation and the Tree of Peace supported this legislation. So, we have a whole slough of people who made presentations that represent certain organizations.

The other thing I wanted to touch on is with regard to Mr. Patterson's concern about an ombudsman, that the ombudsman should be a lawyer, accountant or a professor, for that matter. What is wrong with elders in the communities who understand the principle of natural justice? There is nothing wrong with those kinds of people addressing the same kind of issue.

Mr. Chairman, supporting these motions does not necessarily mean we should create those positions. It only means we should be looking at it.

What are we talking about when we are talking about an ombudsman? Can that be an elder in the communities? Those are all open to discussion, but we should not restrict ourselves to lawyers and accountants. I think we should be open-minded about this whole issue and request the government to first of all draft legislation regarding access to information. That was a commitment made during the leadership debate and I think the government should move in that direction if that was a promise that was made.

Committee Motion 155-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. General comments? Mrs. Marie-Jewell.

Committee Motion 155-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. I did not intend to make any comments on the committee's report, however, there seems to be some concern with respect to legislation for access to information. Mr. Chairman, as MLAs, we generally do not have a problem with respect to obtaining information. We generally find ways to get the information we need. I am sure the public has a different problem. During the year of the election, access to information was one of the things which faced many of us and the need was expressed to us by our constituents for access to information legislation. I made a commitment to my constituents that I would have this addressed in addition to the ombudsman. I think an ombudsman would be more effective for the people of the north. Because there is not an independent body that people can go to sometimes when you want something to be looked at independently, to get reviewed by the government, the government's own department reviews what they have done wrong. There is not one person who can look at things independently. I certainly support the concept of an ombudsman. There is no doubt about that.

However, with respect to the legislation for access to information. I think there are a couple of reasons why there were not many people at the public meetings. First of all, all of the committee hearings were held during the day. I do not think they were held in the evenings, if they were held in the evenings I do not know what they coincided with. In some communities you cannot compete with bingos, no matter what type of meeting you are trying to hold.

Secondly, I think many constituents expressed to us that they want this type of legislation and they rely on us to make sure it is formulated. Therefore, they do not want to continually go to public meetings to give examples as to why it has to be done. I recognize, as an MLA, that we have many different concerns and priorities, and different issues to be addressed. I think all we are asking for is to look at it as one of the priorities. I am sure that by the time we are finished this term, we would like to see the legislation in place. I do not believe it is telling the government to start on it tomorrow and get it developed and that we would like to see it in November. However, we would like to have a commitment from the government for them to look at the legislation, look at developing it and to get back to us with regard to a schedule as to when we will see legislation for access to information. Thank you.

Committee Motion 155-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

The Chair John Ningark

Thank you. Are there any further general comments? Mr. Whitford.

Committee Motion 155-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. Prior to making the motion, while it may be true that there were not great numbers of people at the public meetings which we held, we did have to compete with local activities at the time. In the west we held our meetings in the evenings so that it would make it accessible to the public. One has to look at two things. You can either have quantity of people or quality of input. In most cases the input, we felt, was of a nature that we could repeat the comments and put them forward in this report which we have presented. All in all it was positive, Mr. Chairman. From that, the committee took and formulated these recommendations which I will now put forward.

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tony Whitford

Tony Whitford Yellowknife South

Mr. Chairman, I move that the Minister of Justice proceed on a priority basis with the preparation of a bill which would establish the right of access by the public to information held by government institutions.

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Whitford. The motion is in order. To the motion.

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

An Hon. Member

Question.

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

The Chair John Ningark

Mr. Koe.

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

Fred Koe Inuvik

I would like to request a recorded vote.

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

The Chair John Ningark

There is a request for a recorded vote. Question has been called. Mr. Clerk, would you call the recorded vote. All those in favour?

Recorded Vote

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

Clerk Of The House Mr. David Hamilton

Mr. Whitford, Mr. Lewis, Mr. Arngna'naaq, Mr. Patterson, Mr. Arvaluk, Mr. Pudlat, Mr. Dent, Mrs. Marie-Jewell, Mr. Gargan, Mr. Zoe, Mr. Koe, Mr. Antoine.

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

The Chair John Ningark

All those opposed? All those abstaining?

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

Clerk Of The House Mr. David Hamilton

Mr. Allooloo, Ms. Mike, Mr. Pollard, Ms. Cournoyea, Mr. Kakfwi, Mr. Todd.

Committee Motion 156-12(3): To Adopt Recommendation 1
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

The motion is carried with 12 in favour, none against, and six abstentions. Thank you.

---Carried

Mr. Whitford.

Committee Motion 157-12(3): To Adopt Recommendation 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

March 30th, 1993

Page 1346

Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. I move that this committee recommends that the Minister of Justice develop a legislative action paper outlining a proposal for the creation of an ombudsman for the Northwest Territories.

Committee Motion 157-12(3): To Adopt Recommendation 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. The motion is in order. To the motion.

Committee Motion 157-12(3): To Adopt Recommendation 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Committee Motion 157-12(3): To Adopt Recommendation 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Question has been called. Mr. Patterson.

Committee Motion 157-12(3): To Adopt Recommendation 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Dennis Patterson Iqaluit

Thank you, Mr. Chairman. I would like to ask the same question which I asked in my general comments. This committee has held extensive public hearings on a legislative action paper outlining a proposal for the creation for an ombudsman for the Northwest Territories. Why is the committee recommending that we do that all over again? What would the new legislative action paper do that the old one did not do? I fail to understand this. We should proceed with step one and see how it works, and that MLAs armed with the statutory right of access for their constituents to information, should exercise that right and see how it works. Institutions can exercise that right also if required. I wonder whether we should not take that first step and see how it works. Then in due course we could determine whether the legislation has eliminated any barriers that may not exist, and if so, we may not need to go further and create an ombudsman position. Frankly, Mr. Chairman, I believe we have a legislative action paper that we can dust off that outlines how an ombudsman would work if we decide to take that step. I understand clearly from Mr. Lewis, and other spokesmen for the committee, that it is a two-stage process that is envisaged. I am inclined to think that stage two should follow stage one and that we should give stage one a chance to work once the legislation is in place, then see if we need anything more.

Committee Motion 157-12(3): To Adopt Recommendation 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1346

The Chair Ludy Pudluk

To the motion. Mr. Lewis.