Are there going to be any changes in the amendment with regard to the number of signatures? As you know, in the north there are different communities of different sizes; from 15,000, 1,000 or anywhere in between. And 20 signatures in Yellowknife to trigger a plebiscite, in a community of 15,000, is kind of unreasonable. Has the Minister looked at that situation?

Mr. Nerysoo.

Those are part of the discussions that are now taking place in terms of the overall amendments to introducing a new Liquor Act to the House. That is the process that is now taking place. We are trying to change the situation where we are going to allow plebiscites in areas where communities already have licensed establishments. That situation doesn't exist right now. There have been a number of requests made in communities that have liquor establishments. That is the issue we are trying to address at this particular juncture.

The overall issue, or the larger picture of the total number of signatures that can be submitted for a plebiscite, can be a matter of discussion in the consultation process.

Thank you, Mr. Nerysoo.

(Microphone turned off)...with regard to the sale of liquor to 19-year-olds and that a strict liability offence will be made if liquor is sold to people of 19 years of age or less. What is the strict liability offence? Is it currently in place or is this strict liability something new?

Thank you. Mr. Nerysoo.

If I could ask Mr. Flynn to address that technical issue.

Mr. Flynn.

Thank you, Mr. Chairman. Currently, section 85(1) of the Liquor Act requires the element of pre-knowledge in the dispensation of liquor. A bartender must know that the person he is serving is under age in order for prosecution to proceed and be successful. We are proposing to remove the requirement of "knowingly," and when that word is taken out, the offence provision becomes what is known in law as a strict liability offence provision. It means that it is not an intended crime, but one of negligence. It means that they didn't fulfil the duties, those reasonable precautions that anyone knowing the requirements of being a proper bartender knows. They didn't ask for proof of age, or they didn't see that the person looked very young and didn't ask questions. Prosecution can then proceed saying prima facie, we've established that you've sold to this person and now the onus is on the individual to prove that they took reasonable measures to find out the person's age and so on. Thank you, Mr. Chairman.

Thank you. We have Mr. Patterson and then Mr. Ng. Mr. Patterson.

Thank you, Mr. Chairman. On the matter of local plebiscites, I would like to ask the Minister whether the establishment or non-establishment of a liquor store is something that is governed by the Liquor Act, or is it something that can be the subject of a community plebiscite? Thank you.

Mr. Nerysoo.

Thank you, Mr. Chairman. Liquor stores are under the jurisdiction of the Minister and no plebiscite is required. The Minister has complete jurisdiction in that particular area.

Thank you. Mr. Ng.

Thank you, Mr. Chairman. This bill is going to deal with providing more effective enforcement of some of the provisions of the current act. When is the department going to look at further amendments and the placement of additional enforcement clauses to counter the bootlegging that occurs in the communities?

Mr. Nerysoo.

Thank you, Mr. Chairman. There are a number of issues. I was hoping that I would get an opportunity to deal with the whole matter of the liquor law review process that is now occurring. Many of the issues that you are addressing right now are issues that can be addressed under the new legislation. What I was hoping to do was to address that separate issue, which is not part of this legislation now, in a Minister's statement where I can outline the process, the consultations that have taken place and the additional consultation that is going to take place.

From the liquor law review, will come a legislative action document that will be available to the public to ensure it responds to the concerns that you have raised, dealing with such issues as unlawful sale of liquor and the issue of greater community control. Those are issues that I would like to make a statement about because I think it is important that Members of the Assembly and the general public get an idea of the process to date and where we are going to go with this. It is a separate issue. We are going to develop a whole new Liquor Act as a result of those consultations.

Thank you, Mr. Chairman. Mr. Chairman, I'm glad my colleague from the Kitikmeot, the honourable Mr. Ng, raised the issue of bootlegging, which is a concern especially in dry communities. I live in Pelly Bay which has been dry for many, many years. Time and time again the elders, the hamlet council and concerned residents of the community have brought up the issue of having strict enforcement of liquor prohibition. People bring in liquor from non-dry communities. Is there any way that the enforcement agency can help the community?

We have met with Justice people and enforcement agencies such as the RCMP time and time again but we are told that, because of the Canadian Individual Charter of Rights, there is no way an enforcement officer could check incoming aircraft to see if people are bringing liquor into the community. Any dry community is only a technically dry community. There is no such thing as a community being totally dry. Part of the problem, Mr. Chairman, happens to be that there is need for more strict enforcement in the community. How we propose to deal with that matter, I don't know. I hope there will come a day when we will be able to see a dry community be a dry community. Thank you.

Agreed.

---Agreed

Clause By Clause

Agreed.

---Agreed