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

Page 136

Stephen Kakfwi Sahtu

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

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

Page 136

The Chair John Ningark

Thank you. Janis Cooper.

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

Page 136

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.

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

Page 136

The Chair John Ningark

Thank you. Mr. Koe.

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

Page 136

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?

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

Page 136

The Chair John Ningark

Thank you. Mr. Mark Aitken, director of legislation.

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

Page 136

Aitken

Thank you, Mr. Chairman. The definition "common-law spouse" provides that a common-law spouse means either of a man and a woman. This means that it only includes a relationship between a man and a woman, it would not include a relationship between two men or between two women. Thank you, Mr. Chairman.

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

Page 136

The Chair John Ningark

Thank you. General comments from the floor. Mr. Arvaluk.

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

February 16th, 1995

Page 136

James Arvaluk Aivilik

Mr. Chairman, in the area of limitation -- I don't know my law very well -- does this two years also apply to married couples?

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

Page 137

The Chair John Ningark

Thank you. Mr. Minister, you can use your discretion if you want one of your witnesses to answer.

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

Page 137

Stephen Kakfwi Sahtu

Ms. Cooper will answer that.

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

Page 137

Cooper

Mr. Chairman, when people divorce, most of the time they're going to be looking for support payments under the Divorce Act, which is a piece of federal legislation. Those provisions would apply to people who are divorcing and have divorced. Married people could still apply under this act for support, but they can only apply under this act instead of the Divorce Act until the time when they are no longer spouses because once they're no longer spouses, they wouldn't come under this act.

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

Page 137

The Chair John Ningark

Thank you. I'd like to apologize to Mr. Dent. I'll recognize Mr. Arvaluk and then when he's finished, I'll go to Mr. Dent. Mr. Arvaluk.

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

Page 137

James Arvaluk Aivilik

Thank you, Mr. Chairman. I guess I see the difference: In the area of common-law spouse, from the time they separate up to two years, these limitations would apply; however, in the case of married couples, not the separation but the divorce would apply. I guess my point here is if you were married, it seems to give you more time because sometimes divorce takes years and not right after the separation. Am I correct in that?

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

Page 137

The Chair John Ningark

Thank you. Mr. Minister.