This is page numbers 205 - 225 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 ---agreed.

Supplementary To Question 128-12(7): Status Of GNWT Deficit
Question 128-12(7): Status Of GNWT Deficit
Item 6: Oral Questions

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Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Speaker. I thought last year we were sort of short because of this health billings dispute. Has this been resolved to the point now that we no longer are owed that kind of money? The total debt, if you were to take a cheque for $38 million it would make us...To simplify it best, $38 million...Is that the bottom line?

Supplementary To Question 128-12(7): Status Of GNWT Deficit
Question 128-12(7): Status Of GNWT Deficit
Item 6: Oral Questions

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The Speaker Samuel Gargan

Mr. Pollard.

Further Return To Question 128-12(7): Status Of GNWT Deficit
Question 128-12(7): Status Of GNWT Deficit
Item 6: Oral Questions

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John Pollard Hay River

Mr. Speaker, at the end of 1995-96, we're forecasting $38.3 million of deficit. Mr. Speaker, with regard to the health billings dispute, we've allowed for certain write-downs in our books. The outcome of this afternoon's negotiation which is, I believe, taking place now with regard to the health billings dispute will tell us whether we have to make any further write-downs, Mr. Speaker. Thank you.

Further Return To Question 128-12(7): Status Of GNWT Deficit
Question 128-12(7): Status Of GNWT Deficit
Item 6: Oral Questions

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The Speaker Samuel Gargan

Item 6, oral questions. Mr. Pudlat.

Kenoayoak Pudlat Baffin South

(Translation) Thank you, Mr. Speaker. My question is directed to the Minister of the Housing Corporation. As you are aware, people are gradually obtaining their own forms of housing. People seem to have very strict rules that they have to follow in order to obtain housing, such as home ownership and HAP. This is dependent upon their housing needs, of course, but they seem to have very rigid rules that have to be followed. What does the act say itself, when it comes to home ownership? Is there some freedom on the part of the clients who want to apply for housing? What is the criteria to have applications approved for HAP housing? Thank you, Mr. Speaker.

The Speaker Samuel Gargan

Minister of Housing, Mr. Morin.

Return To Question 129-12(7): Criteria For Hap Housing
Question 129-12(7): Criteria For Hap Housing
Item 6: Oral Questions

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Don Morin Tu Nedhe

Thank you, Mr. Speaker. Under the new Housing Corporation programs, there are many programs that people can access for home ownership units. If people are of lower income and are elderly, they can access alternate units, and other people with medium income can access units that are the three-bedroom, four-bedroom, five-bedroom units for bigger families. There is also the down payment assistance program, as well as a forgivable loan program and the direct lending program. There is also a program called bridge financing, where we can lend them the money until they secure their financing from banks. So there are all types of programs that people can access. If any of your constituents are having any problem accessing home ownership programs, if you can tell me about it I will be pleased to assist them. Thank you.

Return To Question 129-12(7): Criteria For Hap Housing
Question 129-12(7): Criteria For Hap Housing
Item 6: Oral Questions

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The Speaker Samuel Gargan

Thank you. Supplementary, Mr. Pudlat.

Supplementary To Question 129-12(7): Criteria For Hap Housing
Question 129-12(7): Criteria For Hap Housing
Item 6: Oral Questions

Page 214

Kenoayoak Pudlat Baffin South

(Translation) Thank you, Mr. Speaker. I am aware that in my constituency my people have not had any freedom of choice to select the kind of housing that they want. There were some people who were allowed to get a three-bedroom house and the reason I am asking that is I was wondering if they are all allowed to get the same kind of housing of their choice. Do they have the freedom to select how many rooms and all the other details? Is it up to the clients to decide what kind of housing is best suited for them? Thank you, Mr. Speaker.

Supplementary To Question 129-12(7): Criteria For Hap Housing
Question 129-12(7): Criteria For Hap Housing
Item 6: Oral Questions

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The Speaker Samuel Gargan

Mr. Morin.

Further Return To Question 129-12(7): Criteria For Hap Housing
Question 129-12(7): Criteria For Hap Housing
Item 6: Oral Questions

Page 214

Don Morin Tu Nedhe

Thank you, Mr. Speaker. The process is once a client does apply for a unit, staff from the Housing Corporation, project officers, will meet with that client to counsel that client. For example, if a client has two teenage children and one small child, then they will be eligible for a three-bedroom unit. But if a client has six children, then they will be eligible for a bigger unit. So it is all based on the client themselves. So, in some cases, we are building up to five-bedroom units and, in some cases, as small as two.

But we have changed the Housing Corporation program since we got elected. There used to be approximately 30 different designs you could choose from, we got rid of all of those and we made three basic designs: a two-bedroom unit, a three-bedroom unit and a four-bedroom unit. But all of those designs can be expanded on; for example, if you had two children and you moved into a two-bedroom unit and your family got bigger, then you could add two more bedrooms on or one more bedroom very easily, at a later date, and a partition could come out to make the living area bigger. If a client did not want, for example, the screw jack system for a foundation, there would be a dollar amount in his budget. So if he is allowed $4,000 for a foundation system and he wanted to put a basement instead, that would be allowable as long as he picked up the extra dollars.

Also what we made very clear is because we have restricted the designs now to a minimum of three, clients can also choose to build their own designs, as long as it is CMHC approved and it falls within their need. In that way, clients have a lot of ability to do what they want with that unit. But it has to be brought in for the same amount of money and it has to be brought in on time, the construction time. Thank you.

Further Return To Question 129-12(7): Criteria For Hap Housing
Question 129-12(7): Criteria For Hap Housing
Item 6: Oral Questions

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The Speaker Samuel Gargan

Thank you. Question period is now over. Item 7, written questions. Mrs. Marie-Jewell.

Jeannie Marie-Jewell Thebacha

Thank you, Mr. Speaker. I have two written questions for the Premier.

1. Would the Premier advise this House whether or not there are any universal government definitions on what constitutes a community-based organization?

2. Are there any processes in place for a community to sanction the establishment and/or existence of community-based organizations? Thank you.

The Speaker Samuel Gargan

Thank you. Item 7, written questions. Item 8, returns to written questions. Mr. Clerk.

Return To Written Question 4-12(7): Nursing Training
Item 8: Returns To Written Questions

February 20th, 1995

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Clerk Of The House Mr. David Hamilton

Mr. Speaker, Return to Written Question 4-12(7), asked by Mr. Patterson to the Minister of Education, Culture and Employment concerning nursing training.

There are two components to the nursing program offered by College West in Yellowknife, a nursing access year and the nursing diploma program. Currently, there are 32 students registered in the access year, of which 31 are from the Northwest Territories and one from the Yukon territory. There are 25 students registered in the nursing diploma program. All of them are from the Northwest Territories.

A total of 10 students from the Nunavut regions are registered in this program. Five are registered in the access year, two each from Baffin and Keewatin and one from the Kitikmeot region. Another five students are registered in the nursing diploma program. Again, two each are from Baffin and Keewatin and one from the Kitikmeot region.

The existing nursing diploma program is available to all residents of the Northwest Territories. There are no plans at this time to offer the program in the Nunavut regions.

Return To Written Question 4-12(7): Nursing Training
Item 8: Returns To Written Questions

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The Speaker Samuel Gargan

Item 9, replies to opening address. Item 10, replies to budget address. Item 11, petitions. Item 12, reports of standing and special committees. Item 13, reports of committees on the review of bills. Item 14, tabling of documents. Item 15, notices of motion. Item 16, notices of motions for first reading of bills. Item 17, motions. Item 18, first reading of bills. Item 19, second reading of bills. Item 20, consideration in committee of the whole of bills and other matters: Bill 1, Appropriation Act, No. 2, 1995-96; Bill 4, An Act to Amend the Limitation of Actions Act; Bill 6, An Act to Amend the Petroleum Products Tax Act; Bill 8, An Act to Amend the Dental Mechanics Act; Bill 9, An Act to Amend the Legal Profession Act; Bill 10, An Act to Amend the Liquor Act; Bill 11, An Act to Amend the Income Tax Act; Bill 12, An Act to Amend the Judicature Act, No. 2; Bill 14, Miscellaneous Statutes Amending Act, 1994; Committee Report 2-12(7), Report on the Legislative Action Paper on the Office of Ombudsman for the Northwest Territories; and, Committee Report 3-12(7), Report on the Review of the Legislative Action Paper Proposing New Heritage Legislation for the Northwest Territories, with Mr. Lewis in the chair.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

I would like to call the committee to order. What would the committee like to do today? Mr. Dent.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: 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 would like to recommend that we consider bills in the following order: Bill 4; Bill 11; Bill 12; Bill 10; and, who knows, if we are really moving, we may get a start on Bill 8.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Okay, that is the proposed order then. Does the committee agree with that proposal?

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

We are on Bill 4, as agreed, An Act to Amend the Limitation of Actions Act. All right, who is introducing this bill? Mr. Kakfwi.

Minister's Introductory Remarks

Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Chairman. The purpose of the Act to Amend the Limitation of Actions Act is to address a shortcoming in the legislation with respect to limitation periods imposed on actions arising out of sexual assaults. The Limitation of Actions Act sets out the time period in which civil suits must be commenced. Law suits for assault, including sexual assault, must be brought within two years of the incident. Sexual assaults are unlike other wrongs for which a civil suit may be undertaken. In the case of sexual assaults, it has been shown that victims are often so traumatized that they are unable or unwilling to consider bringing a law suit for damages against an assailant for years after the events, if ever. Victims often cope with a sexual assault by disassociating themselves psychologically and emotionally from the event. When the victim has finally overcome this impediment, the two-year limitation period acts to prevent legal action. In this manner, a sexual offender is more likely to avoid civil consequences for the assault where the victim is most severely traumatized. It is not in the public interest to extend immunity from liability to sexual offenders.

Mr. Chairman, these amendments address this problem by proposing that the running of the limitation period be delayed until the victim was capable of commencing the proceedings. A presumption would be set out in the amendment that the victim was incapable of commencing proceedings earlier than the time they were commenced.

In cases where the perpetrator of the assault was in a position of trust or authority in relation to the victim, or where the victim was dependent on the assaulter, sexual assaults are likely to be even more traumatic than otherwise. The assault almost always causes various psychological and emotional harms to the victim, the damage, for the most part, being hidden and often debilitating. When the damage begins to become apparent, the connection between the assault and the present psychological injuries is often unknown to the victim. For these cases, the amendment would propose that the limitation period be removed altogether. A determination of whether a victim was in a relationship of dependence or trust would be made by the court.

Mr. Chairman, the proposed amendments are consistent with the recommendation of the special advisor on gender equality in her report The Justice House, May 1991, and are part of the government's ongoing commitment to address issues of violence in our society.

Mr. Chairman, I am now ready to proceed with the review of this bill.

Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Thank you, Mr. Kakfwi. Now we will hear the report from the Standing Committee on Legislation. Mr. Whitford.

Standing Committee On Legislation Comments

Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: 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 am pleased to present this report on behalf of the Standing Committee on Legislation. The Standing Committee on Legislation has completed its review of Bill 4, An Act to Amend the Limitation of Actions Act.

Bill 4 amends the Limitation of Actions Act by adding a new section to the legislation that deals with acts of injury of a sexual nature. The bill proposes to eliminate the limitation period for civil proceedings in actions based on injury of a sexual nature if a relationship of trust existed between the parties.

Bill 4 would also amend the legislation to allow that, in those cases where an injury is caused by a sexual act, but where no prior intimate, dependent, or trust relationship has been established, the limitation period will not begin until the victim is capable of bringing about the action.

Lastly, Bill 4 proposes to amend the Limitation of Actions Act to provide that the law of the territories shall overrule the limitations governing other jurisdictions if the action is commenced in the NWT and the court is satisfied that the laws of the other jurisdiction are not applicable.

The committee supports the amendments proposed in Bill 4 to extend or eliminate the limitation period for civil action in cases where the actions arise out of sexual assaults. The committee agrees that in cases where a victim is severely traumatized, the sexual offender, under the current two-year limitation period, is more likely to avoid civil consequences. The proposed amendments would permit adequate time for the victim to be reasonably capable of discovering the causal relationship between the injuries and the abuse and, therefore, sue the offender for the wrongdoing.

On January 10, 1995, the standing committee passed a motion that Bill 4, An Act to Amend the Limitation of Actions Act, be referred to the Legislative Assembly as ready for consideration in committee of the whole. This concludes the Standing Committee on Legislation's report on Bill 4, An Act to Amend the Limitation of Actions Act, Mr. Chairman. Thank you.

Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Brian Lewis

Thank you, Mr. Whitford. Mr. Kakfwi would you like to proceed with review of his bill? Would you like to do it from your seat, Mr. Kakfwi, or will you need help?