This is page numbers 679 - 714 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 community.

Topics

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

Page 694

The Chair John Ningark

Mr. Minister.

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

Page 694

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, if I could just summarize where we are as a result of discussions in the last week, suggestions made by some Members. As a result of these discussions, suggestions made in the Standing Committee on Legislation and in committee of the whole, our government is proposing a number of amendments to the bill. These amendments will change the bill in the following ways:

1)There will be a clause added to state that every adult is presumed to be capable of making decisions until the contrary is demonstrated.

2)The court will be required to give special consideration to family relations and the wishes of the person who needs assistance when considering who should be adopted guardian or trustee.

3)If a person is able to make a competent decision with the assistance of others, then there would be no appointment of a guardian or trustee.

4)The court will not make a guardianship or trusteeship order if there is an alternative course of action that is less restrictive of the decision-making rights of the person, and would provide the same benefits as a guardianship or trusteeship order would.

This is a summary of the proposed amendments we will be making during the course of 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, Mr. Minister. Clause 1. Mr. Minister.

Committee Motion 51-12(6): To Amend Clause 1 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

I move that the following be added after clause 1(3) of Bill 3 and before the heading "Guardianship":

1.1 For the purposes of this Act, every adult is presumed, until the contrary is demonstrated, to be capable of making decisions about his or her own health care, personal care and well-being and his or her own financial affairs.

Committee Motion 51-12(6): To Amend Clause 1 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 695

The Chair John Ningark

Thank you. There is a marginal note "presumption of capability" with that motion. The motion is in order. To the motion.

Committee Motion 51-12(6): To Amend Clause 1 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Committee Motion 51-12(6): To Amend Clause 1 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Question has been called. All those in favour? There is no quorum. I will call in Members.

Thank you. There is a motion to amend clause 1, and question was called. All those in favour? All those opposed? Motion is carried.

---Carried

Clause 1 of Bill 3, as amended.

Committee Motion 51-12(6): To Amend Clause 1 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Committee Motion 51-12(6): To Amend Clause 1 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Clause 2. Mr. Minister.

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, I have a motion for clause 2. I move that clause 2(3)(b) of Bill 3 be deleted and the following be substituted:

(b)the ability of the adult, by himself or herself or with assistance, to understand information that is relevant to making a decision concerning his or her own health care, nutrition, shelter, clothing, hygiene or safety, and to appreciate the reasonably foreseeable consequences of a decision based on this information or a lack of such a decision;

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Minister. The motion is in order. To the motion.

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Clause 2, as amended.

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Clause 3.

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Clause 4.

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Clause 5.

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Clause 6 of Bill 3.

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Committee Motion 52-12(6): To Amend Clause 2 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Clause 7. Mr. Minister.

Committee Motion 53-12(6): To Amend Clause 7 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

November 1st, 1994

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, I move that clause 7 of Bill 3 be amended by:

a) striking out "not able" wherever it occurs in clauses 7(1)(b)(ii)(A) and (B) and by substituting "not able, by himself or herself or with assistance;" and,

b) adding the following after clause 7(1):

(1.1) The Court shall not make a guardianship order under this section if it is satisfied that an alternative course of action is available that

(a) is less restrictive of the decision-making rights of the person in respect of whom the application is made; and

(b) will provide substantial benefits to the person in respect of whom the application is made that are comparable to those that would be provided by a guardianship order.

Thank you.

Committee Motion 53-12(6): To Amend Clause 7 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Minister. There is a marginal note, "alternative course of action." The motion is in order. To the motion. Mr. Patterson.