This is page numbers 429 - 460 of the Hansard for the 12th Assembly, 5th 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 chairman.

Topics

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 448

Some Hon. Members

Agreed.

---Agreed

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Mr. Minister, would you be so kind as to introduce your witnesses to the committee?

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Chairman. I have with me on my right, Diane Buckland, legislative counsel, Department of Justice, and next to her is Richard Denis, who is also a legislative counsel assigned to working on the French

text. On my left, Mr. Gary MacDougall, who is the director of legal registries.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Minister Kakfwi. General comments. Clauses. Does the committee agree we proceed clause by clause?

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Clause By Clause

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Clause 1.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 449

Some Hon. Members

Agreed.

---Agreed

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

February 28th, 1994

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The Chair

The Chair Tony Whitford

Clause 2.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 449

Some Hon. Members

Agreed.

---Agreed

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 449

The Chair

The Chair Tony Whitford

Clause 3.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 449

Some Hon. Members

Agreed.

---Agreed

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Clause 4. Mr. Zoe.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, with regard to clause 3, I have noticed that we are amending the French interpretation. I am not French, so I don't know the legal language that is used here. How am I assured that the written French version is correct versus the English version? What assurance am I given to make sure that it is correct?

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. Minister Kakfwi.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Denis

Clause 2, in its French version, of course, represents and corresponds exactly in terms of legal meaning to the English text. The only changes that have been brought here this time were correction of language use of clear terminology. There is no difference from a legal point of view between the French and English version of this clause.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Merci, Monsieur Denis. Monsieur Zoe.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Legally, Mr. Chairman, I wonder if they had an independent review of the interpretation that has been drafted by our legal division in our government. Did we do a legal opinion to see if it is the correct and legal wording? Perhaps I can pose my question to the Law Clerk and not particularly to the government. Can the Law Clerk assure me that the written French version is correct as the English version?

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. I shall direct that question to the Law Clerk. However, I believe it is still the

Minister's responsibility to ensure that this is correct in every way. Ms. MacPherson.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. No, we did not conduct an independent review of the French provisions of the act to determine whether they achieved what the English version achieved. It is not customary for us to review the French portions of the acts. Customarily, we rely on the government to ensure the accuracy of their translation. Thank you, Mr. Chairman.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Ms. MacPherson. Mr. Zoe.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, although it has been the customary practice to rely on the government, the Law Clerk of our Assembly should have had an independent review of the implications of these provisions. It is a legal document. I wouldn't want to go through amending this bill at a later date because of inaccuracies. That is why I am asking if the Law Clerk has checked this out to see if it is properly written.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. Mr. Minister.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, the Department of Justice drafts legislation for the government. It is our job to draft legislation as instructed by the Executive. There is a system within the department where we have a special division that is devoted strictly to drafting of legislation and we check with other jurisdictions to make sure our language is consistent with what is used in the courts and that the English and French text is consistent and clear. There is not just one lawyer doing all of this. There is a team. There are people checking each other's work. We don't need a second independent opinion to check on the work. When it comes out, it is from the best efforts and if it is ever challenged as to the wording and interpretation of the clauses, the courts will decide that. An independent opinion is an incredibly expensive suggestion to make on the work the Department of Justice makes. I don't understand what the Member is getting at, at all.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. In response to Mr. Zoe, it is not the responsibility of the chair or the Minister to interpret the language of the bill. If the Member has an issue with it, I think we can discuss that. But it is not the responsibility of the chair to ensure that the French language is accurate. Mr. Zoe.

Bill 5: An Act To Amend The Partnership Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

I asked the Law Clerk since she is the legal expert in the Assembly on legal matters such as the bill in front of us. There are legal implications that may arise out of this. I am not asking for a legal opinion. I am just asking if the Law Clerk has reviewed the bill and the accuracy of the French. I am asking for the service of our Law Clerk.