This is page numbers 459 - 477 of the Hansard for the 12th Assembly, 6th 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 make.

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Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 474

The Chair John Ningark

Thank you, Mr. Lewis. General comments on the bill. Mr. Kakfwi.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 474

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, I just wanted to comment on the remarks made by Mr. Lewis. The suggestions or proposed amendments are always welcome. I hope that they have been done with some considerable thought and some work, so they aren't frivolous amendments; that is there is some opinion by some trained lawyer to suggest they are necessary and they add substance to the bill. That is the only suggestion I wanted to make. Thank you.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Any further general comments on the bill? Mr. Koe.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

Mahsi, Mr. Chairman. I have a few comments. I am very supportive of this bill. It has been a long time coming, not only for the people it is intended to protect, but also for other people who work with elders and disabled people. They are put into positions of trustees and guardians, but up until the passage of this bill, have no legal authority to act in those positions. In many cases, they are forced to because there is no one else around. They are either in a home or some kind of recovery place. Employees are forced to sign documents, either for medical or financial reasons. In many cases, it is not legal because they have no legal jurisdiction.

So I am very much in favour of this bill and look forward to seeing Mr. Lewis's amendments. I fully support the passage of this bill. Thank you.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. General comments. Mr. Kenoayoak Pudlat.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kenoayoak Pudlat Baffin South

(Translation) Thank you, Mr. Chairman. As Members of the Legislative Assembly we have dealt with this bill. I know the comments are true and with our elders, youth and people, we often forget who the real trustees and guardians are. I will be in support of the amendment to the act.

I know that elders and the young people need guardians. We have to administer it. We know they will need guardians. I know people will be more aware of this issue if this bill is to be enacted. For example, many people can't do anything because they aren't aware of what they should and shouldn't do. We have to take care of our people, especially our elders, and the people who can't take care of themselves. I just wanted to state that I will be in full support of this bill. I would also like to hear what Mr. Lewis will have to say about the amendments. Thank you, Mr. Chairman.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Mr. Zoe.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Thank you, Mr. Chairman. I, too, am in support of this bill. It is overdue. I have a number of constituents who fall into this guardian and trustee area. I believe this is a step in the right direction, but nevertheless, I agree with my colleague from Yellowknife Centre. The principle of trying to make one individual as independent as possible is the right way of looking at this legislation. I will be quite interested to see what type of minor amendments the Member is going to make to the bill. But, in general, I am in support of this particular bill. Mahsi.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Qujannamiik. Any further general comments on Bill 3? Mr. Patterson.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Dennis Patterson Iqaluit

I am going to say I am going to be brief and I am actually going to be brief. The bill is long overdue. Thank you.

---Laughter

---Applause

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. General comments. Mr. Antoine.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Mahsi, Mr. Chairman. This bill is a very important bill. The type of things this bill is intended to do are already being done, especially taking care of our elders in the communities. This bill will recognize the role of people who are guardians and have the trustee relationship with many of our elders. This is a very important bill.

I am just concerned that this bill might infringe on the rights of the elders. There are many of them who are very independently-minded people and there are a few elders I am aware of in the communities who we feel should come under this kind of help, but they refuse. If they refuse, I hope, under this bill, they will still be able to keep their independence even though some of us in positions of authority -- like leaders and chiefs and so forth -- might think they should have protection.

I hope this bill will allow the protection of their independence, even though some of us may think they may need protection. I just wanted to make sure that the rights of the elders under this bill are protected once it is in force. This is a new bill and once it is implemented, if it is passed, there is still room for amendments if we see that the independence of elders is being infringed upon in the future. Thank you. Mahsi.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Further general comments on the bill. Mr. Gargan.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Samuel Gargan Deh Cho

Mr. Chairman, one of the things that came out when we visited the Aven Centre in Yellowknife is that there is a certain group of elders who have, in their lifetime, experienced a lot of alcohol abuse. After a while, they can't distinguish between right and wrong and can't make the decisions required. So, a lot of elders are being looked after without any kind of act.

With regard to decisions about medication, and surgery, if that is required, I know the people who work at the Aven Centre have said that the act is required in order for them to make decisions when a situation arises that is life-threatening or when such decisions have to be made. It is difficult for them to make decisions without legislation like this. I think this addresses that.

There are 68 clauses in this. I would request that perhaps we start going clause by clause.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. If there are no further general comments, does the committee agree that we go clause by clause in review of Bill 3? Mr. Zoe.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Just before we go into clause-by-clause consideration, Mr. Chairman, I just wanted to make another point. To follow up on my colleague's comments, I understand that the bill in front of us would also give comfort to people who look after elders, like at the Aven Centre. Currently, if something goes wrong, they could be liable. This bill, if enacted, would assist people operating in elders' facilities.

Another point I wanted to make, Mr. Chairman, is with regard to family members. The current bill doesn't address this, but I note that in the special committee's report, it indicates that the government is planning to make amendments so that special consideration can be given to family members. I hope that is the case, and I am looking forward to the amendment that is coming forward from the government. Thank you.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Further general comments from the Minister? If not, does the committee agree that we go clause by clause?

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Clause By Clause

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Bill 3, reprint, Guardianship and Trusteeship Act. Clause 1. Mr. Zoe.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, in the definition of "adult" in the Interpretation Act, if I recall right, the age of majority is 19. But, the department has made the age of majority, in this specific act, the age of 18. Could I ask for the rationale of making it 18 years of age, rather than 19? Thank you.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 475

The Chair John Ningark

Thank you. Mr. Minister.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Shawn Flynn will answer the question.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Go ahead.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Flynn

Thank you, Mr. Chairman. The reason it applies to people who are 18 years and older, instead of 19, is the Child Welfare Act applies to people who are younger than 18. Thank you.

Bill 3: Guardianship And Trusteeship Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Zoe, does that answer your question?