This is page numbers 751 - 777 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.

Members Present

Hon. Titus Allooloo, Mr. Antoine, Mr. Arngna'naaq, Mr. James Arvaluk, Hon. Michael Ballantyne, Hon. Nellie Cournoyea, Mr. Dent, Hon. Stephen Kakfwi, Mr. Koe, Mr. Lewis, Mrs. Marie-Jewell, Hon. Rebecca Mike, Hon. Don Morin, Hon. Richard Nerysoo, Mr. Ningark, Mr. Patterson, 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 morning. Orders of the day. Item 2, Ministers' statements. Madam Premier.

Nellie Cournoyea Nunakput

Mr. Speaker, last September there was a great deal of debate in this Assembly about the need for a public inquiry into the administration and quality of medical services at the Fort Smith health centre.

The debate was prompted by a review of medical services at the health centre in June of 1992 by two doctors from Saskatchewan and the subsequent report of those physicians, the Saskatchewan Report.

Much of the discussion in the Assembly was initiated by concerns over: the suspension of Dr. Uma Viswalingam's privileges to practice medicine at the Fort Smith health centre; the referral of the Saskatchewan doctor's report by the government to a medical board of inquiry established under the Medical Profession Act; and, public concern over the future status of Dr. Viswalingam's practice in Fort Smith.

After a lengthy debate, a motion was passed in the Assembly requesting a public inquiry into the issues surrounding the administration and quality of medical services provided by the Fort Smith health centre to the residents of Fort Smith.

In considering the motion passed by the Legislature and the debate that took place in the House, the government came to the decision that a public inquiry would be established. It arrived at this decision because of the growing demand that a public procedure would help to resolve various issues surrounding Dr. Viswalingam and the operation of the health centre.

As a result, the Honourable Ted Hughes accepted a Cabinet appointment to conduct the inquiry. He in turn appointed Mr. Brian Barrington-Foote as inquiry counsel. Together they undertook the preliminary investigations and organizational planning required to begin the public inquiry Monday of next week.

Mr. Speaker, there has been a recent and significant turn of events that places the need for the inquiry into question.

Earlier this week the government, the Fort Smith health centre and Dr. Viswalingam resolved a number of outstanding issues and have signed a settlement agreement that has resulted in Dr. Viswalingam's resignation as an employee of the Fort Smith health centre. He has been paid a sum of $195,000 which is consistent with his years of service with the government and his professional status.

In return, Dr. Viswalingam has agreed to undergo the assessments recommended in the Saskatchewan Report. The assessments will be conducted by McMaster University in accordance with its physician review and enhancement program. They will include both a medical competency and psychiatric assessment.

Following the assessments, Mr. Speaker, the medical board of inquiry will conduct its investigation under the authority of the Medical Profession Act.

Upon successful completion of the McMaster's assessment and compliance with any treatment and upgrading that may be required, and subject to the results of the medical board of inquiry, the doctor will be allowed to practice in Fort Smith as a private practitioner.

Mr. Speaker, with the settlement of these issues, the government believes that one of the primary reasons for establishing a public inquiry has been satisfied.

In addition, there have been problems associated with introduction of the Saskatchewan Report as evidence before the public inquiry because it falls under the protection of the Evidence Act.

As Members know, we were invited by Mr. Hughes to consult with his inquiry counsel about the Evidence Act, and have done so.

Mr. Speaker, when the inquiry was established it was hoped the events surrounding the preparation of the Saskatchewan Report could be introduced into evidence with the consent of all counsel involved. It was subsequently learned that this simply was not possible without an amendment to the Evidence Act.

In addition, as Mr. Barrington-Foote conducted his investigation and gathered evidence, it became increasingly apparent that a significant portion of proposed evidence would be inadmissible as a result of the protection afforded by the Evidence Act.

This is something that would have been difficult to determine at the beginning of the inquiry as, at that time, we did not know what the evidence would be.

After careful and serious consideration, Mr. Speaker, the government is not prepared to amend the act in order to gain access to the report for the purpose of the public inquiry. That would be a dangerous precedent.

The section of the Evidence Act in question is in place to foster candid disclosure of information in quality assurance activities by hospitals. These statutory provisions are not unique to the Northwest Territories and similar provisions can be found in the Evidence Acts of other jurisdictions for the same reasons.

In discussing this matter with Mr. Barrington-Foote, he confirmed that exclusion of the Saskatchewan Report would make it extremely difficult for the inquiry to fulfil its terms of reference. He added that evidence he had collected indicated there was no conspiracy or wrong-doing in the preparation of the report.

Mr. Speaker, the settlement with Dr. Viswalingam and our position in respect to the Evidence Act leaves little, if anything, to examine under the auspices of a public inquiry that could add a further $400,000 to the estimated $80,000 in costs that we have incurred to date.

As a result, I am informing Mr. Hughes that the government does not intend to proceed with the public inquiry. The Minister of Health and the Member for Thebacha will meet with the residents of Fort Smith and, if requested, the government will use a more conventional process to settle any remaining concerns about the quality of health services and its administration in that community. Thank you, Mr. Speaker.

The Speaker Michael Ballantyne

Item 2, Ministers' statements. Item 3, Members' statements. Mrs. Marie-Jewell.

Public Inquiry Into The Fort Smith Health Centre
Item 3: Members' Statements

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Jeannie Marie-Jewell Thebacha

Thank you, Mr. Speaker. I wish to briefly comment on the Government Leader's statement with respect to the public inquiry into the Fort Smith health centre. Mr. Speaker, when this issue was first raised in this House my constituents had a great deal of concern with respect to all of the events surrounding Dr. Viswalingam and the Fort Smith health centre. These concerns were communicated over and over to me in many forms. At that time, Mr. Speaker, I believed that the only way this matter could be fully and completely resolved was by way of a public inquiry. Over the past few months I have been involved in the events leading up to the inquiry.

Because of this, I wish to rise and state for the record that I concur with the Government Leader's decision that a public inquiry is no longer required. I concur with this decision for two reasons. Firstly, it has become increasingly evident that a critical piece of evidence, the Saskatchewan Report, and the events leading up to the preparation of this report, cannot be entered into evidence at the inquiry. Mr. Speaker, the report and the events leading up to the report were fundamental to the successful conclusion of an inquiry. Without the report the inquiry loses a great deal of its focus and direction, and I do not believe the Evidence Act should be amended to allow this report to be received into evidence. The social policy concerns surrounding the Evidence Act are simply too important to be lightly swept away.

Secondly, Mr. Speaker, my constituents' concerns, with respect to the way Dr. Viswalingam was treated have been adequately addressed through the government and Dr. Viswalingam reaching a voluntary agreement. This agreement was reached on Dr. Viswalingam's own volition and I believe that my constituents would be satisfied that Dr. Viswalingam has now been treated fairly. For these reasons, Mr. Speaker, I concur with the Government Leader's statement and I welcome the opportunity to discuss this matter further with the Minister of Health and my constituents in a public forum in Fort Smith. Thank you.

Public Inquiry Into The Fort Smith Health Centre
Item 3: Members' Statements

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The Speaker Michael Ballantyne

Item 3, Members' statements. Mr. Arvaluk.

Inadequate School Facilities In Coral Harbour
Item 3: Members' Statements

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James Arvaluk Aivilik

(Translation) Thank you, Mr. Speaker. In Coral Harbour the community education council, parents and young people have a great concern regarding the size of the school. Last year I stated that the students, particularly kindergarten students, have been doing their schooling in a gymnasium. They also have to use the adult education centre for students because there is no room in the school. I am concerned that the kindergarten students, who will be starting this fall, will have inadequate schooling. They will also have a grade 11 extension in the school. Looking at the situation in the school in Coral Harbour and the grade 11 extension, there will be a lack of space for all the students in the school. I have been in contact with the community education council to discuss improvements or plans for the school year, and the council indicated they were in the planning process, however, they have not come up with a solution to this problem as of yet. (Translation ends)

At the appropriate time, I will be asking the Minister of Education questions regarding the issues I have just raised. Also, I will be tabling a document on the ten year plan of the Keewatin divisional board of education, 1993-2003, stating exact requirements of the Keewatin.

Inadequate School Facilities In Coral Harbour
Item 3: Members' Statements

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The Speaker Michael Ballantyne

The allotted time for your Member's statement has elapsed. Mr. Arvaluk.

Inadequate School Facilities In Coral Harbour
Item 3: Members' Statements

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James Arvaluk Aivilik

(Translation) Thank you, Mr. Speaker. I wish to seek unanimous consent to conclude this statement.

Inadequate School Facilities In Coral Harbour
Item 3: Members' Statements

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The Speaker Michael Ballantyne

The honourable Member is seeking unanimous consent. Are there any nays? There are no nays. Please proceed, Mr. Arvaluk.

Inadequate School Facilities In Coral Harbour
Item 3: Members' Statements

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James Arvaluk Aivilik

(Translation) Thank you, Mr. Speaker. I am trying to say in reviewing the 1993-94 Main Estimates and

plans, there seems to be an imbalance regarding education funding as well as the staff housing policy, they seem to be contradictory. These are the main problems which are created within the schools. The government has to seriously consider that students are a priority. If they can work well together, the problem will be solved. I will be pursuing this matter further in the House. Thank you, Mr. Speaker.

Inadequate School Facilities In Coral Harbour
Item 3: Members' Statements

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The Speaker Michael Ballantyne

Item 3, Member's statements. Mr. Pudlat.

Safe Haven For Boats In Lake Harbour
Item 3: Members' Statements

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Kenoayoak Pudlat Baffin South

(Translation) Thank you, Mr. Speaker. I will be making a statement regarding DPW. Every year, in my constituency, there are boats anchored in the harbour which have sunk due to bad weather. We are requesting a safe haven for boats be built in the harbour. They are in the planning process of this safe haven. There can be very rough waters in that particular harbour. We sometimes get gale winds. So, we are requesting that a safe haven for boats to be built. Perhaps the Minister of MACA or DPW can look into this matter because this is a very great concern to the people of Lake Harbour. Thank you, Mr. Speaker.

Safe Haven For Boats In Lake Harbour
Item 3: Members' Statements

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The Speaker Michael Ballantyne

Item 3, Members' statements. Mr. Patterson.

Nunavut Business Conference And Trade Show
Item 3: Members' Statements

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Dennis Patterson Iqaluit

Thank you, Mr. Speaker. I am pleased to inform the House that the Nunavut business conference and trade show will be held in Iqaluit March 18, 19 and 20. Mr. Speaker, the theme of this year's conference is Nunavut and business, identifying the economic opportunities in Nunavut. This year's business conference and trade show is promising to be a great success. The Baffin regional chamber of commerce, which has organized this conference, had originally set aside 65 booths. They have been forced to expand to 72 booths, due to the high degree of interest, and there is still a waiting list. Over 100 delegates are confirmed to attend.

They include senior people from the Toronto Dominion Bank, who are coming to look at banking opportunities in Nunavut. The president-elect of the Tungavik Federation of Nunavut, Mr. Paul Quassa, will also be making a key-note address. Senior representatives of Nunasi Corporation, the NWT Development Corporation, the Workers' Compensation Board, the Federal Business Development Bank and the Canadian Imperial Bank of Commerce will be among the territorial organizations represented.

MLAs are also very welcome to attend. I am also hopeful, Mr. Speaker, that our Minister of Economic Development and Tourism can find a way to attend this very important event. I would like to congratulate the Baffin regional chamber of commerce for their hard work in organizing what promises to be the largest meeting of its kind ever held in Nunavut. Qujannamiik.

Nunavut Business Conference And Trade Show
Item 3: Members' Statements

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The Speaker Michael Ballantyne

Item 3, Members' statements. Mr. Antoine.

Economic Strategy For Nwt
Item 3: Members' Statements

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Jim Antoine Nahendeh

Mahsi, Mr. Speaker. I have been concerned lately with the comments the Minister of Economic Development and Tourism has been making in the House regarding the economic strategy of this government. Mr. Speaker, during the past three to four years the Government of the Northwest Territories and this Legislative Assembly have devoted a great deal of thought, time and money to the development of an economic plan for the Northwest Territories. There was a Special Committee on Northern Economy of the last Legislative Assembly which was established in 1988 to examine how a sound economic base for the Northwest Territories could be developed. The committee conducted extensive public hearings and workshops and, in October of 1989, outlined 30 recommendations for the implementation of a strategy designed to meet the needs of developed and underdeveloped communities. One of the underlying principles of the strategy was that economic development must be community-based. Following this, the Minister of Economic Development and Tourism of that time tabled documents which outlined the economic strategy of the government. This strategy was detailed and comprehensive. It was developed as a result of extensive consultation with communities and interest groups. The people of the Northwest Territories were told that this is the way the government is going to go and this will provide hope for the future.

Again, one of the core elements of the economic plan for the Northwest Territories was that there must be concentration on the needs and potential for development in the disadvantaged communities. There was a definite direction to development of our economy. We were going to build on our community strengths. Mr. Speaker, the development of communities is a future for our young people. Our youth are suffering from many social problems. The reasons for these problems are that there are no jobs and our people have lost hope. The communities have resources to draw upon, but this takes time. Already, this government seems to have lost its commitment to this solid, long-term development strategy in favour of boom and bust, mega projects that often do not benefit many northern people. Now, we hear from the Minister that this long-term strategy is only one of the documents we are using. The direction which was provided to this government by the people of the north is being ignored at this time.

Economic Strategy For Nwt
Item 3: Members' Statements

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The Speaker Michael Ballantyne

Mr. Antoine, your allotted time has elapsed.

Economic Strategy For Nwt
Item 3: Members' Statements

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Jim Antoine Nahendeh

Mr. Speaker, I seek unanimous consent to conclude my last sentence.

Economic Strategy For Nwt
Item 3: Members' Statements

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The Speaker Michael Ballantyne

The honourable Member is seeking unanimous consent. Are there any nays? There are no nays. Please proceed, Mr. Antoine.

Economic Strategy For Nwt
Item 3: Members' Statements

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Jim Antoine Nahendeh

Thank you. The commitment to our people must be a priority of this government. Mahsi, Mr. Speaker.

Economic Strategy For Nwt
Item 3: Members' Statements

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The Speaker Michael Ballantyne

Thank you, Mr. Antoine. Item 3, Members' statements. Item 4, returns to oral questions. Mr. Pollard.

Return To Question 351-12(3): Involvement Of Gwich'in Tribal Council In Establishment Of Park
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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John Pollard Hay River

Thank you, Mr. Speaker. I have a return to a question asked by Mr. Koe on February 25, 1993, regarding the involvement of the Gwich'in Tribal Council in the establishment of a park.

Mr. Speaker, regional officials are developing a work plan which will detail the tasks and priorities and will guide the development of a park management plan. In accordance with the memorandum of agreement, the park management plan will be reviewed and agreed to by the parks committee and then recommended for approval by my office. The parks committee is made up of two representatives of the Gwich'in Tribal Council, chief James Firth and Albert Adams. Two representatives from the department, regional superintendent Doug Doan and parks and visitor services manager, John Cournoyea, and is to be chaired by an independent party, Joe Benoit.

Once approved, the plan will be implemented. Where contracts are required in park development, the Gwich'in will be given every consideration, subject to price and performance, in accordance with the memorandum of agreement. With specific reference to Gwich'in Geographics, the department already has in its possession recent air photography and air photo mosaics from MACA, and topographic maps and satellite imagery from Renewable Resources. These resource materials are sufficient for the preliminary planning of the park. Future requirements for geographic information and mapping have yet to be determined. Thank you, Mr. Speaker.

Return To Question 351-12(3): Involvement Of Gwich'in Tribal Council In Establishment Of Park
Item 4: Returns To Oral Questions
Item 4: Returns To Oral Questions

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The Speaker Michael Ballantyne

Item 4, returns to oral questions. Ms. Mike.