This is page numbers 115 - 148 of the Hansard for the 12th Assembly, 7th 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 Maintenance 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. On behalf of the Standing Committee on Legislation, Mr. Koe has opening remarks. Mr. Koe.

Bill 5: An Act To Amend The Maintenance Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

Mahsi, Mr. Chairman.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Excuse me...

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Yes, Mr. Minister.

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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 am sorry, I haven't finished my remarks. Can I continue?

Bill 5: An Act To Amend The Maintenance Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Mr. Minister, you may conclude your opening remarks.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Can I continue?

---Laughter

That is what happens when you take your glasses off.

In March of 1993, I tabled a draft bill in support of common-law spouses. In the report of draft bills tabled during the third session, the Standing Committee on Legislation expressed agreement with the concept in the draft bill.

The one concern raised in the report on the common-law support provisions was that a two-year limitation period appeared to applies with regard to child support as well. The section on the limitation period has been changed so that it is clear that provision only apply for support for common-law spouses.

The draft bill tabled in March 1993 also contained provisions on non-monetary support. These provisions generated much comment and are being dealt with in the larger package on family law reform.

The bill that we have before us today was introduced in November of 1994. It was reviewed by the Standing Committee on Legislation in December. We wish to thank the Members of that committee for their consideration given to the bill at that time.

Now, Mr. Chairman, I am ready to proceed. Before I do, I would like the opportunity -- perhaps after comments -- for these anxious Members to invite another official to the table when we begin discussions, entertain questions. Thank you.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. At the appropriate time, with the permission of the committee, you will be able to bring in your extra witness. Mr. Koe, one more time, proceed, Mr. Koe.

Standing Committee On Legislation Comments

Bill 5: An Act To Amend The Maintenance Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

Thank you, Mr. Chairman. Again, through you, Mr. Chairman, it would be nice if we could get copies of the Ministers' remarks for all the bills that we are going to be dealing with before we proceed line by line.

Mr. Chairman, the Standing Committee on Legislation concluded its review of Bill 5, An Act to Amend the Maintenance Act, on December 13, 1994. In a 1991 Northwest Territories Supreme Court decision, the word "spouse" was interpreted to exclude common-law spouses. Bill 5 proposes to amend the Maintenance Act of the Northwest Territories to include a definition of "common-law spouse" therefore including common-law spouses in the eligibility to apply and receive maintenance support. There is a limitation period of two years on applications, as well as a provision to recognize exemption agreements.

The limitation period of two years, longer than in most jurisdictions in the country, was designed to allow for a sufficient period of time for those parties who will be dealing with many issues following the severing of a relationship.

The bill enshrines a legal obligation between partners in a relationship that has not been formalized. The Standing Committee on Legislation fully supports the intent of this bill. On December 13, 1994, the standing committee passed a motion that Bill 5, An Act to Amend the Maintenance Act, was ready for consideration in committee of the whole. Mahsi.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, honourable Mr. Koe. Before we get into general comments, Mr. Kakfwi has indicated that he wanted to bring in the extra witness. Do we have the concurrence of the committee? Agreed?

Bill 5: An Act To Amend The Maintenance Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Proceed with the witness.

Thank you. For the record, Mr. Kakfwi, you have already introduced Mr. Larry Elkin who is the director of...Pardon me, I can't read very well any more. Mark Aitken, director of legislation, on your immediate right. You have a witness who has just walked in. Would you introduce her for the record?

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Yes. On my left, Janis Cooper, legal counsel, Department of Justice.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Now we are in business. We are open for general comments on Bill 5, An Act to Amend the Maintenance Act. Do we have any general comments? Mr. Koe.

General Comments

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Fred Koe Inuvik

Not so much general comments, but a question that has been raised in committee, and I'm not sure we ever did receive a...Or, I didn't hear a satisfactory response and I'll ask it again. It's regarding the clause where you have the two-year limitation. The question is why was the two-year limitation put into this bill? Why not three years, why not one and a half or why not five years? Why was two years chosen?

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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. Thank you. Ms. Cooper.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Cooper

Mr. Chairman, two years was chosen as a limitation period because it was thought that that would be a sufficient period of time within which to bring a claim for support. It's hard to make a call sometimes to what's reasonable. Some spouses coming out of relationships are coming out of violent relationships and need a period of time to recover before they're able to settle other matters in their lives. At the same time, we have to balance the interest of a spouse for support who wants to get on with his or her life, and it was modeled after Ontario which appeared to us to be a reasonable period of time.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Koe.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

In our English language, I guess you're always trying to define or provide definitions with other very complicated words, and this is no different. The definition under the act "common-law spouse," you have to have "cohabited in a conjugal relationship." Can the Minister or his witness define what "cohabited" means and "conjugal relationship" means?

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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.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Yes, I think we should ask for a legal definition.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Janis Cooper.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Cooper

Mr. Chairman, to cohabit in a conjugal relationship would usually mean to live together in the same home in a marriage-like relationship. So it would be a relationship that would be similar to a marriage in all respects except for the fact that the people didn't go and get married. So it would have an element of a personal relationship between the parties, whether they have blended their finances, whether they share responsibilities around the home, whether they socialize together. So a court, first of all, would look to see whether the people are actually living in the same residence, then they would look to see whether the relationship that the people are in is like a marriage. Thank you, Mr. Chairman.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Koe.

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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

Thank you. Thank you for that explanation. Another question. Does this bill in our modern age here cover couples in a same-sex relationship; two males or two females?