This is page numbers 1353 - 1408 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.

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. Richard Nerysoo, Mr. Ningark, Mr. Patterson, Hon. John Pollard, Mr. Pudlat, Mr. Pudluk, Hon. John Todd, Mr. Whitford, Mr. Zoe

---Prayer

Item 1: Prayer
Item 1: Prayer

Page 1353

The Speaker Michael Ballantyne

Good afternoon. Before we commence with orders of the day, I would like to recognize in the visitors' gallery the former Deputy Commissioner of the Northwest Territories, Ann Hansen.

---Applause

Orders of the day. Item 2, Ministers' statements. Mr. Allooloo.

Minister's Statement 76-12(3): Municipal Lands Policy
Item 2: Ministers' Statements

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Titus Allooloo Amittuq

Thank you, Mr. Speaker. As most northerners know, land is a valuable and scarce resource which must be managed by all governments, in trust for the present generation and future generations of our people. The importance of this resource to communities has been recognized in the Nunavut final claim agreement, which calls for all Commissioner's land -- land held by the Government of the Northwest Territories -- in the built-up areas to be transferred to the municipalities of Nunavut within three years after the agreement is ratified. Claims under way or being implemented in the Dene/Metis claims settlement area in the western Arctic may also be expected to promote greater community control of municipal lands.

Up until now, the role of many municipalities, especially of the hamlets, in land management has been limited. Hamlets would give the GNWT advice on who should receive a parcel or parcels of Commissioner's land, and often the hamlets would act as the GNWT agent for purposes of receiving applications for land from local residents.

Now -- as the claims process is completed in each area and in response to wishes of communities to seek more authorities under initiatives such as the community transfer initiative -- municipal governments will be able to take on direct management and control of complex land administration programs, which require technical and legal expertise and are tied in with the community planning and zoning processes.

In order to assist municipal governments of the NWT in getting ready for major new authority and responsibilities in municipal land management, Cabinet has approved a revised municipal lands policy. This policy is based on principles which emphasize the following: municipal lands as a valuable resource; the need for government to use fair and consistent practices when selling or leasing municipal lands; that when municipal land is sold, it should normally be sold at a price which only recovers the costs of government to develop the land; and, that land speculation should be discouraged.

Some of the major features of the new municipal lands policy include the following: the Minister of Municipal and Community Affairs and each municipal council would sign a land administration agreement which would outline the conditions for transfer of Commissioner's land to the municipal corporation; municipal councils would pass by-laws to adopt their land administration agreements with the Minister. The land administration agreement will be a public document and the community residents will know how the municipal government intends to price municipal land for lease or sale; municipal governments would be expected to set the price for new land lots on the basis of the costs to territorial and municipal governments of developing the lots. This should ensure that the public, especially new home owners and small businesses starting up, pay reasonable prices for lots.

Mr. Speaker, I believe that this new municipal lands policy clearly places community governments on the road to exercising autonomy in the management of public lands in their communities. The department has developed draft legislation intended to support this policy further and place even more authority in the hands of municipal governments. I will table this draft legislation with the Assembly today.

The municipal lands policy is being translated and will be sent to mayors and councils as soon as possible over the next month. Thank you, Mr. Speaker.

Minister's Statement 76-12(3): Municipal Lands Policy
Item 2: Ministers' Statements

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The Speaker Michael Ballantyne

Item 2, Ministers' statements. Mr. Kakfwi.

Minister's Statement 77-12(3): Community Justice Conferences In Inuvik And Iqaluit
Item 2: Ministers' Statements

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, I would like to take this opportunity to inform this House of two recent conferences sponsored by the Department of Justice in Inuvik and Iqaluit. While these conferences were held at opposite ends of the territories, their messages were the same: the community must become involved in the justice system so that the needs of victims, offenders and public may be met.

The first of these conferences was held in Iqaluit during the first week of this month. It brought together local delegates, leaders and justices of the peace from all of the communities in the Baffin region. There were two parts to this conference. First, the training sessions for justices of the peace to help them better serve their communities. Second, and most important, the discussions about the idea of community-based justice. They included topics such as the use of diversion or alternative measures to deal with crime and disputes, the experiences of victims, the area of addictions and increased roles for elders. Finally, delegates from each community put together a draft plan to improve the delivery of justice in their community. At this time, I would like to commend Judge Beverly Browne and Ms. Marylou Sutton-Fennel, the two organizers of this conference, for their efforts in making this conference a success.

The second conference, which I attended, was held last week in Inuvik and brought together 80 community members and leaders from all Inuvik region communities for two days. Like the Baffin conference, the message was simple: "Without community involvement, justice will remain outside the community." This message was presented during an opening play by young people which dramatized community justice issues. Throughout the conference delegates discussed different ways of getting involved with the justice system, including involving elders and the use of alternative custody homes. The conference ended with a panel discussion between local delegates and officials from federal and territorial departments involved in the justice system. Mr. Speaker, I would like to congratulate the two organizers of this conference, Mr. Gary Beattie and Ms. Debbie Walter, as well as all the participants who together made it a successful and inspiring conference.

Mr. Speaker, the Department of Justice supports the concept and practice of community-based justice reform. Local people, leaders and elders must become involved in determining the best way to deal with crime and violence. The sharing of information and ideas at these two conferences must be followed by a large amount of hard work by leaders and government officials working as partners. I intend to see this partnership begin. Thank you.

---Applause.

Minister's Statement 77-12(3): Community Justice Conferences In Inuvik And Iqaluit
Item 2: Ministers' Statements

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The Speaker Michael Ballantyne

Item 2, Ministers statements. Mr. Kakfwi.

Minister's Statement 78-12(3): New Commanding Officer For Rcmp "g" Division
Item 2: Ministers' Statements

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, I wish to inform the House of the appointment of a new commanding officer for the RCMP of the Northwest Territories. Last Tuesday, RCMP Commissioner Inkster announced the retirement of Chief Superintendent Ed Wilson and the promotion of Superintendent Brian Watt as the new commanding officer.

---Applause

Chief Superintendent Wilson is retiring from the RCMP after 38 years of service, of which the last four and a half years were served in Yellowknife. At this time, I would like to express our appreciation and best wishes to Ed and Agnes Wilson in their retirement.

The new Chief Superintendent Brian Watt has served in the Northwest Territories for the last two and a half years of his 28 years with the RCMP and brings many positive attributes to his new position. They include a sensitivity for the peoples and communities of the Northwest Territories. Chief superintendent Watt has demonstrated a strong commitment to community-based policing and aboriginal justice initiatives.

An example of this commitment is seen in his work with the Department of Justice to start an RCMP reserve pilot program in two northern communities, which will allow local people to join the RCMP on a part-time basis to meet community policing needs.

With the challenges facing northerners in the areas of justice reform, Chief Superintendent Brian Watt brings the type of commitment and dedication which is needed in the north today and for tomorrow.

On behalf of this government and the Department of Justice, I would like to take this time to congratulate Brian Watt and wish him well in his new post.

---Applause.

Minister's Statement 78-12(3): New Commanding Officer For Rcmp "g" Division
Item 2: Ministers' Statements

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The Speaker Michael Ballantyne

Item 2, Ministers' statements. Mr. Kakfwi.

Minister's Statement 79-12(3): Tabling Of The Personal Property Security Act
Item 2: Ministers' Statements

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Stephen Kakfwi

Stephen Kakfwi Sahtu

On to more dry stuff. Mr. Speaker, I am pleased to announce that later today I will table the proposed Personal Property Security Act.

Mr. Speaker, very soon after becoming Minister of Justice, last summer, I announced that this government would embark on a program of commercial law reform.

The existing commercial law of the territories has not kept pace with changing business practices and law reform elsewhere in the country.

The proposed bill is to replace the present law, set out in a number of very old statutes and many complex judicial decisions, with a comprehensive and modern regulatory framework for lenders and borrowers.

The input of members of the law society, financial institutions and consumer groups was sought in the preparation of this bill and the comments received have been taken into consideration.

A modern law, Mr. Speaker, will remove some of the existing obstacles to investment in the territories. Lenders in Canada and now used to working with laws similar to the proposed bill which provides certainty to their dealings.

Most importantly, automation will eventually allow for searches of the registry from anywhere in the territories and will allow registration by the lender from remote locations. Service to borrowers and lenders will be improved.

I look forward to the support of the Members for this proposed bill and would be pleased to respond to any concerns or comments of the Members at the appropriate time. Thank you.

Minister's Statement 79-12(3): Tabling Of The Personal Property Security Act
Item 2: Ministers' Statements

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The Speaker Michael Ballantyne

Item 2, Ministers' statements. Mr. Allooloo.

Minister's Statement 80-12(3): Lack Of Support From Federal Government
Item 2: Ministers' Statements

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Titus Allooloo Amittuq

Thank you, Mr. Speaker. As the Minister of Renewable Resources I am responsible for maintaining the health of renewable resources in one third of Canada. To accomplish this task, I have always tried to work in partnership with the federal government. By pooling resources and working jointly, we have accomplished a number of tasks that would have been impossible alone.

Lately, though, Mr. speaker, I have heard that our federal partners are considering or have made funding cuts to a number of northern programs relating to renewable resource management. As with other federal cuts, there has been no consultation with our government. I find this very disturbing.

The proposed funding cuts that we are aware of include:

1. the humane trap research program which is also jointly funded by all other jurisdictions. This research is vital to developing new harvesting methods prior to 1995 when the European legislation takes effect to ban the import of furs from any country not using humane traps;

2. core funding to Indigenous Survival International which has promoted the northern life-styles and the northern fur industry in Europe;

3. the rabies vaccine program which has provided protection to our working dog teams that are used for harvesting and sport hunting in remote communities where there is no access to veterinarians; and,

4. a partial cut to funding promised to maintain the bison free zone south of Fort Providence and to help operate the Hanging Ice Bison Ranch. Until the diseased bison issue in Wood Buffalo Park is resolved, the corridor is the only way to keep healthy bison in the Mackenzie bison sanctuary and the Liard area from contacting diseased bison. The Hanging Ice Bison Ranch is an option being considered by the northern buffalo management board for raising bison for restocking. Federal support is needed to keep the ranch active.

I will be writing to each federal Minister to request that we be advised of potential cuts to renewable resource programs, and that we be involved in establishing priorities.

Renewable resources are very important to the life-styles and future economic options for our residents. We must do all we can to ensure that these resources remain healthy and abundant. Thank you, Mr. Speaker.

Minister's Statement 80-12(3): Lack Of Support From Federal Government
Item 2: Ministers' Statements

Page 1355

The Speaker Michael Ballantyne

Item 2, Ministers' statements. Mr. Kakfwi.

Minister's Statement 81-12(3): Tabling Of Domestic Relations Act And Maintenance Act
Item 2: Ministers' Statements

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, yesterday I tabled a proposed bill to amend the Maintenance Act, and a proposed bill to amend the Domestic Relations Act. The proposed bills would implement some recommendations of The Justice House - Report of the Special Advisor on Gender Equality, and the Family Law Review report. Both of these reports have been of considerable interest to Members and the public.

The proposed bill to amend the Maintenance Act would allow the courts to order the payment of non-monetary support such as country food or firewood in an order for alimony or where a spouse is entitled to a judgment of judicial separation. This amendment was proposed in The Justice House report.

The proposed bill to amend the Domestic Relations Act would extend support obligations to persons in common-law relationships, and would allow for the making of non-monetary support orders for goods such as country food or firewood.

The amendment respecting support obligations for common-law couples is consistent with the Family Law Review report and The Justice House report.

The amendment respecting non-monetary support was recommended in The Justice House report. Thank you.

---Applause

---Laughter

Minister's Statement 81-12(3): Tabling Of Domestic Relations Act And Maintenance Act
Item 2: Ministers' Statements

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The Speaker Michael Ballantyne

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

Off-loading Of Federal Responsibilities To GNWT
Item 3: Members' Statements

Page 1355

Jeannie Marie-Jewell Thebacha

Mr. Speaker, I rise to express the concerns shared by the Members of the Ordinary Members' Caucus regarding the off-loading of federal responsibilities to this government. Over the past ten years we have seen a number of federal responsibilities transferred to this government, including inter-territorial highways, Baffin health services, NWT health services, forestry and fire suppression, Arctic B and C airports and a northern scientific resource centre.

Mr. Speaker, along with these responsibilities came resources. We had facilities, program services, person years and, of course, finances transferred to us. We understood that what we were given represented the amount that the federal government had required to run the programs. It seems that when this government inherited these program responsibilities, it also inherited the program deficiencies.

We receive funds each year from the federal government, and these monies are escalating or increased annually in a form of monies received under the formula financing agreement. Are these funds actually adequate to operate the program? The Members of the Ordinary Members' Caucus do not believe so. Just look at the dilemma this government is in with respect to northern highways. Northerners rely heavily on air transportation and to a lesser extent on road travel. Yet since taking over responsibilities for highways and Arctic A, B and C airports we do not have a proper transportation infrastructure in place.

Both the Beatty report and the government's own transportation strategy point to this inadequacy. Although the federal government still has responsibility for construction of new roads, I have yet to hear any firm commitment from them to start building.

Look also at the problems this government faces regarding the provision of health care services. Taxpayer's dollars are now being spent on a legal dispute involving the interpretation of the health transfer agreement. Did the GNWT acquire the responsibility to pay this for the health care of the Indian and Inuit people? A clear federal responsibility in the bargain.

Off-loading Of Federal Responsibilities To GNWT
Item 3: Members' Statements

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The Speaker Michael Ballantyne

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

Off-loading Of Federal Responsibilities To GNWT
Item 3: Members' Statements

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Jeannie Marie-Jewell Thebacha

Thank you, Mr. Speaker. I seek unanimous consent to continue.

Off-loading Of Federal Responsibilities To GNWT
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, Mrs. Marie-Jewell.

Off-loading Of Federal Responsibilities To GNWT
Item 3: Members' Statements

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Jeannie Marie-Jewell Thebacha

Thank you, Mr. Speaker. How long is this battle going to go on? What will it cost us and what will it mean if we lose? At the least, our relations with Ottawa will be strained. Meanwhile, in the midst of that dispute, this government is spending $200 million on health care. Ordinary Members are very concerned with the chain of events to date and the current status of devolution. We wonder if this government can really handle all the program areas transferred to it, and can we afford to do so?

We ask this government to take a hard look at the whole process of devolution from its inception to the present day, including an examination of negotiations currently under way. One example of where to begin would be the northern accord.

Perhaps, we can learn from our past experiences. Mr. Speaker, the Members will be asking questions on this issue today. They are very concerned as to where the government is heading, particularly, in this area. Thank you.

---Applause

Off-loading Of Federal Responsibilities To GNWT
Item 3: Members' Statements

Page 1356

The Speaker Michael Ballantyne

Item 3, Members' statements. Mr. Whitford.

Member's Statement Congratulating Cnib's 75th Anniversary
Item 3: Members' Statements

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Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, 1993 marks a special year for the Canadian National Institute for the Blind. Mr. Speaker, it is not often that we see organizations celebrate 75 years of service. In the NWT, the official kick-off of the 75th celebration was on Tuesday last, with a dedication of the CNIB flag at city hall here in Yellowknife. The CNIB, which began in 1918, has changed much over the years as advances in technology emerged. Mr. Speaker, one thing remains the same, the CNIB is committed to providing quality service and care to blind and visually impaired Canadians. Mr. Speaker, the NWT has benefited greatly from CNIB services over the years. Members will recall that in the last Assembly one of our Members was visually impaired and was one of the beneficiaries of these services.

Last month, I, and several other Members of this Legislature, were involved in a very successful fund-raising activity here in Yellowknife through the bachelor auction where we raised money for local activities. Mr. Speaker, I rise today to congratulate CNIB's 75 years of dedicated service nationally and locally. I would also like to congratulate the dedicated volunteers. A heartfelt thanks to you for a job well done. Mahsi.

---Applause

Member's Statement Congratulating Cnib's 75th Anniversary
Item 3: Members' Statements

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The Speaker Michael Ballantyne

Item 3, Members' statements. Mr. Arvaluk.

Autonomy Of Divisional Boards Of Education
Item 3: Members' Statements

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James Arvaluk Aivilik

(Translation) Thank you, Mr. Speaker. When the Special Committee on Education completed its final report a little more than 10 years ago, it set the process in motion for development of autonomous boards to allow local administration of educational facilities, staff and programs.

Today there is much confusion about the degree of autonomy which divisional boards of education are allowed to exercise. There are mixed messages, Mr. Speaker. On one hand, the Government of the Northwest Territories has stated that it supports local and divisional control of education and, on the other hand, the Department of Education, Culture and Employment Programs continues to tie the hands of board officials with administrative directives that leave the real power in the hands of its bureaucrats. For instance, the Keewatin divisional board of education has been eager to exercise its rightful authority to appoint both the director of education and the supervisor of schools as its employees and to determine the terms of their appointments. Although the board is given this authority on paper, administrative directives exist which severely limit the board's flexibility in selecting the appropriate candidates in establishing terms and conditions of employment.

The department establishes what these terms will be. The board is supposed to merely be the signing authority. The directive even states...

Autonomy Of Divisional Boards Of Education
Item 3: Members' Statements

Page 1356

The Speaker Michael Ballantyne

Mr. Arvaluk, your allotted time has elapsed. Mr. Arvaluk.