I am awaiting the arrival of officials. We need a few minutes.
Debates of Feb. 21st, 1995
Topics
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 216
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 216
The Chair Brian Lewis
Okay, we will take a short break then, and I mean "short." Thank you.
---SHORT RECESS
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 216
The Chair Brian Lewis
I will call the House back to order. Is it the wish of the committee to call in the witnesses?
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 216
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
Page 216
The Chair Brian Lewis
There being no objection, Mr. Sergeant-at-Arms, would you show the witnesses where they have to sit please?
Thank you, Sergeant-at-Arms. We have the Minister, Mr. Kakfwi, with us and his witnesses. Would you like to introduce your witnesses for the record, Mr. Kakfwi?
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 216
Stephen Kakfwi Sahtu
I have with me on my right, Mr. Gerald Sutton, director of policy for the Department of Justice; and, Mrs. Carol Whitehouse, legislative counsel for the Department of Justice. 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
Page 216
The Chair Brian Lewis
Thank you, Mr. Kakfwi. General comments. Do Members have any general comments on this bill? Would you like to proceed to detail then? Mr. Whitford.
General 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
Page 216
Tony Whitford Yellowknife South
Mr. Chairman, I think we have perhaps good support for this legislation. I think there were some concerns expressed, although it is good and is for good reasons, about how long this can go. We've removed the two-year limitation. Just for the record, I would just like to ask the Minister, is this endless? Can it go for 40, 50 or 60 years? Something like this is happening with actions against war crimes. It is a very serious thing and not to be played down, but does this mean there is no twilight section in here, where it fades out after a period?
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 216
The Chair Brian Lewis
Mr. Kakfwi.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
February 20th, 1995
Page 216
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 216
Whitehouse
Thank you, Mr. Chairman. The presumption is correct. The limitation period regarding persons who have had an intimate relationship does not exist and the limitation period for persons in an other-than-intimate relationship would commence once the victim was capable of starting that action and that could also run as long as that person is not capable. So, there is no end to the potential length of time that would take for an action to be started.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
The Chair Brian Lewis
Thank you very much, Mrs. Whitehouse. Is that satisfactory, Mr. Whitford? Mr. Whitford.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
Tony Whitford Yellowknife South
Thank you, Mr. Chairman. I just want to clarify again for the record that intimate relationships could mean a parent, as well as a school teacher or guardian, where there is some direct connection other than just an acquaintance. Am I correct?
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
The Chair Brian Lewis
Mrs. Whitehouse.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
Whitehouse
Thank you, Mr. Chairman. Yes, the category of person involved in that limitation period are those in an intimate relationship, a relationship of trust and someone upon whom the person was dependent, so all of the people who fall in those categories.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
The Chair Brian Lewis
Thank you, Mrs. Whitehouse. Have you concluded Mr. Whitford? Okay, we've concluded general comments then. Are we ready to go clause by clause? Mr. Antoine.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
Jim Antoine Nahendeh
Thank you, Mr. Chairman. People in my constituency were confused about this bill, Bill 4, An Act to Amend the Limitation of Actions Act. Somehow, they were mixed up with criminal lawsuits and civil lawsuits. Somehow the message that came out to the public had to do with criminal lawsuits rather than civil, so there is a lot of misunderstanding about this act. I had this thing cleared up and discussed it with my constituents. My final analysis of this bill, from my constituents' point of view, is that it is a good bill and I will be supporting it as it goes through today. Mahsi.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
The Chair Brian Lewis
Thank you very much, Mr. Antoine, for your comments. Are we ready to go clause by clause?
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
Some Hon. Members
Agreed.
---Agreed
Clause By Clause
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
The Chair Brian Lewis
Bill 4, An Act to Amend the Limitation of Actions Act. Clause 1.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
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
Page 217
The Chair Brian Lewis
Clause 2.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
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
Page 217
The Chair Brian Lewis
Clause 3.
Bill 4: An Act To Amend The Limitation Of Actions Act
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 217
Some Hon. Members
Agreed.
---Agreed