This is page numbers 149 - 175 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 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Thank you, Mr. Antoine. Before asking for any response to the issue you raised, Mr. Antoine, I will recognize Mr. Whitford.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. Mr. Chairman, I also wanted to ask a question of legal issue of the witnesses on this matter, but Mr. Antoine had a question first. I have no more comments, I just wanted to clarify a point that was made. I will wait for my turn.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Mr. Pollard, do you have a response to Mr. Antoine's question?

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Pollard Hay River

Mr. Chairman, if this bill were to pass and there were no amendments to the Legislative Assembly and Executive Council Act, then I suppose somebody could run and be elected to this Legislative Assembly. But, the intent is, as I said earlier this afternoon, Mr. Chairman, if this bill passes today, it will not be given third reading nor would we ask for third reading until such time as the Legislative Assembly and Executive Council Act has been amended and brought before this House and they would both go to third reading together. There is no intention of taking this bill to third reading without the other bill being amended to prevent the concern that Mr. Antoine raised. Thank you, Mr. Chairman.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Thank you, Mr. Pollard. Mr. Antoine.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you for that explanation, Mr. Minister. I just want to say for the record that, according to statistics, a large majority of people who are in jails in the Northwest Territories are aboriginal people and the main reason they are in jail are for crimes related to misuse of alcohol and alcohol-related problems. Court documents in the communities are proof of this. The majority of the people who, as a result, are incarcerated are aboriginal people. We know that there are lots of social problems out there and, as a result, here in the Legislative Assembly we have passed legislation against societal violence.

Through the laws of this Legislature, we try to solve some of the problems in society and I'm sure people who are incarcerated are not all very bad people. In fact, I probably have a lot of relatives in there right now and so do a lot of people in here. Knowing these people, they have concerns and they would like to see some changes. They are part of society; they will always return to society after they do their time. This allows them to vote and they have an opportunity to vote for the people who will best serve them. Based on that, I have no reason to oppose this bill.

Like I said at the beginning of my comments, I will be supporting this bill and supporting the idea that inmates who are serving less than two years have the right to vote. Thank you.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Thank you very much. Is there anyone else who wants to say something? Mr. Whitford, do you still want to speak? Mr. Whitford.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tony Whitford

Tony Whitford Yellowknife South

I wanted to ask a question of the witnesses, Mr. Chairman. Mr. Chairman, I think some of the examples that were quoted dealt with federal elections. I want to ask, just for the record, if this would affect provincial elections or territorial elections, rather than federal elections. Federal is one thing, territorial is another. Municipal elections, as well, Mr. Chairman, may be affected by these amendments. Any elections that are taking place in the territories, plebiscites included. Would the Supreme Court's decision mean all elections or just of a federal nature?

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Mr. Pollard.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Pollard Hay River

Thank you, Mr. Chairman. Mr. Chairman, it affects all of the provincial jurisdictions, Yukon and ourselves. I don't know, and we don't know at the table, whether it would affect municipal elections. I can only say that there are such things as precedent, Mr. Chairman, but it certainly does affect the provinces. Thank you.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Thank you, Mr. Pollard. Have we finished this item at this stage? Mr. Koe.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

Mahsi, Mr. Chairman. I would just like to ask the Minister, I recall when there were indications that this bill was going to be revised, there was much discussion about the technical aspects of voting. For example, the ability to use proxies when voting, the possibility of voting by mail and also maybe the use of electronic voting. Can the Minister advise us as to the status of these issues? Has anything changed or is anything proposed to be changed in how people are able to vote in territorial elections?

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Thank you, Mr. Koe. Mr. Pollard.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Pollard Hay River

Mr. Chairman, proxies remain the same. There has been nothing done on voting by mail-in ballot, and the electronic voting was not discussed, Mr. Chairman. Thank you.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Thank you very much, Mr. Pollard. Are you ready to go clause by clause? Mr. Dent.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. Mr. Chairman, I appreciate that Mr. Pollard has advised that he would not proceed with third reading of this bill until we have before us a bill which would amend the Legislative Assembly and Executive Council Act to ensure that inmates could not be elected as Members of the Legislature. I think it would be better, though, Mr. Chairman, if we could consider both this act and that act at the same time. I think that is a very important aspect of this act being approved, Bill 15. I think it's important that we consider them both at the same time, therefore, I would like to make a motion.

Committee Motion To Defer Consideration Of Bill 15

Mr. Chairman, I move that we defer further consideration of Bill 15 until such time as we have a bill with amendments to the Legislative Assembly and Executive Council Act before us in committee of the whole to consider at the same time. That bill should include provisions to ensure that persons who are convicted cannot be elected to this House.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

It's a pretty long motion and I want to be sure that everybody understands your motion, Mr. Dent. But your motion is in order. I want to ask Members if everybody understands the motion, or would you like to have it written up? We'll take a break while that motion is written up and translated.

---SHORT RECESS

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

I will call the committee back to order. We have a quorum and now have a written and translated motion. It is a motion to defer so there is no debate or discussion.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

(Microphones turned off)

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

A point of order was made first by Mr. Koe.

Point Of Order

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

Mr. Chairman, I have a translated copy here in English and it looks like Inuktitut, but there is no Gwich'in translation, so I would like to request that we have Gwich'in translation of this motion, please.

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

We've heard one point of order and I believe I can only hear one point of order at a time. I will need to get some legal advice on the point of order made by Mr. Koe that this motion has only been translated into one language.

To your point of order, Mr. Koe, we do have an Official Languages Act and it is not tested that often, but you do have a point of order. You have a right to have this motion put into that language; so, therefore, to this one point of order, I would request that it get translated into Gwich'in, which is your request. I can't entertain other points of order until we deal with this one.

---SHORT RECESS

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Before I can recognize a point of order, there has to be something on which to raise a point of order. So I would like to ask Mr. Dent to read his motion into the record, please.

---Laughter

Bill 15: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Ballantyne Yellowknife North

We're going to give Mr. Koe a test.

Committee Motion 20-12(7): To Defer Consideration Of Bill 15, Defeated
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Mr. Chairman, I move that we defer consideration of Bill 15, An Act to Amend the Elections Act.