Mr. Chairman, the Standing Committee on Legislation has completed its review of Bill 3, Guardianship and Trusteeship Act. The committee held public hearings in May 1994 in Fort Smith, Iqaluit and Yellowknife, and received four presentations on this bill, which offered opposing views of the proposed legislation.
The need for legislation to protect "dependent adults" in the Northwest Territories was identified by Social Services field staff in the early 1980s. Following extensive consultation with northerners and experts in the field, and based on new dependent adult legislation in other parts of Canada, the Guardianship and Trusteeship Act was developed.
During the public hearings, the committee heard from Anne Crawford, Lynn Hirschman, the Yellowknife Association of Community Living and the Aven Seniors' Centre. The opinions expressed ranged from complete support for the bill to eliminating the legislation entirely. Their views are presented in more detail in the committee's report on the review of Bill 3, Guardianship and Trusteeship Act.
In an effort to address these concerns and compare the bill with new legislation elsewhere, the committee conducted an extensive survey of other Canadian jurisdictions. It is apparent to the committee that Bill 3 is firmly based on the accepted principles of providing, where necessary, for the care of the represented person in the least restrictive manner possible, and only where that care is of substantial benefit to, and in the best interests of, the individual. In addition, this bill encourages, wherever possible, the involvement of the represented person in decision-making, which is consistent with the principle of "supported decision-making."
During its review, the committee explored all the concerns expressed by the public. It is the opinion of the committee that the proposed legislation addresses most of the concerns in one manner or another. However, it is the understanding of the committee that the Minister of Health and Social Services will introduce a motion to amend clause 8 of Bill 3, that would give special consideration to family members becoming the appointed guardian. The Standing Committee on Legislation would support such an amendment.
Although this legislation will require constant for effectiveness, the committee feels that it is among the most progressive legislation of its kind in Canada at this time. Thank you, Mr. Chairman.