This is page numbers 581 - 608 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 communities.

Topics

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The Speaker Samuel Gargan

Thank you. To the point of order, Mr. Pudlat.

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Kenoayoak Pudlat Baffin South

(Translation) Thank you, Mr. Speaker. I rarely table documents in this House, and when I do, I prefer to table documents that are signed. I'm sure this will be a great task for you, Mr. Speaker, to make a ruling on this. As my colleague, Ludy Pudluk, said, it's very difficult to support the people when they request support if they don't have their names on the document.

We have to represent our constituents the best we can because we were elected by them. Even though I've been here only a little over three years, many times we don't pinpoint one particular person. This, we rarely see in this House when we table documents. I think we have to set up a policy for what kind of documents we should be tabling, whether they'll be signed or not. Just as my colleague said, in the newspapers there are a lot of unsigned letters that are published.

Maybe we should be reminded that we think the letters tabled in this House should be signed in this House. From listening to the comments that are being made by my colleagues, I think that would be the appropriate procedure. I think we'll have to set up a policy as to what kinds of documents, whether they be signed or unsigned, we should table. We have to be careful that it's not aimed at one particular person in the public. I think we'll have to give this more consideration so we won't encounter so many problems. Thank you, Mr. Speaker.

---Applause

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The Speaker Samuel Gargan

Thank you, Mr. Pudlat. To the point of order, Mr. Pollard.

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John Pollard Hay River

Mr. Speaker, thank you very much. Good morning. Mr. Speaker, over the course of time that I've been in this Legislative Assembly, we have all, at one time or another, received letters that are unsigned and it has usually been that this issue has been discussed amongst Members or with the government, but I don't believe that I've seen one of those anonymous letters tabled in this House.

Mr. Speaker, the person writing that letter is not known to us or to the general public, or even to the person who they may be maligning, and I don't think that that practice should be allowed in this House.

Mr. Speaker, in the past, we've governed ourselves and we've done things as we see they should be done in a decent fashion. Unfortunately, an occurrence has happened, a document has been tabled that has caused an employee of the Department of Public Works, of which I'm Minister, some great discomfort.

Mr. Speaker, I'm also the Minister responsible for the public service, through the FMBS, and there are fears amongst our employees that this kind of thing, if it becomes a practice, could hit on anybody. Anybody could send in a letter that's unsigned, and if you can get a Member to table it, you could experience darts thrown at not only the public service of the Government of the Northwest Territories but anybody else who lives up here who may have annoyed somebody in the Northwest Territories. So I think, Mr. Speaker, that that practice should be stopped.

And I think, Mr. Speaker, taking a little bit of latitude on the point of order that you have before you right now, you should examine the points that Mr. Kakfwi made about whether or not we should be allowed to say damaging things about people in this House, whether it be a signed document or whether it be verbally. I think there needs to be some guidance given to Members in that particular regard.

Again, I'll repeat what other Members have said and that is that we could malign somebody in here, safe and secure, knowing that nobody could get back at us, and yet we can cause people in the Northwest Territories and their families much pain and suffering. We could cause them business losses, we could cause them to lose face in communities. There's no end to the damage that we could do to people if we don't rein ourselves in to be given some direction so that we conduct ourselves in what I would call a decent fashion, where we respect the views of other people, and we deal with these issues that cause frustration and may cause embarrassment in some other way. It can be done by meeting one on one with Ministers, or it can be done by meeting with the Premier, it can be done in Caucus if it has to be done. But, Mr. Speaker, it should not be done on the floor of this House.

Mr. Speaker, with regard to unsigned letters as opposed to anonymous letters, the government did table a document that had a number of unsigned letters in it last week, but those letters did have the names of the people on the bottom who had composed those letters and were responsible for them.

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An Hon. Member

Hear, hear.

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John Pollard Hay River

So you should also look at that particular aspect, Mr. Speaker, because when we table a document that has a name on it, the government is accepting full responsibility even though it may not be signed.

So, Mr. Speaker, your wise judgement is required, and your counsel and your guidance. Thank you very much.

---Applause

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The Speaker Samuel Gargan

Thank you. To the point of order, Mr. Todd.

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John Todd Keewatin Central

Thank you very much, Mr. Speaker. I just merely want to add my voice to what has already been said by colleagues around the table, that this kind of behaviour is inappropriate and some guidance should be given to us post-haste. Thank you.

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An Hon. Member

Hear, hear.

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The Speaker Samuel Gargan

Thank you, Mr. Todd. To the point of order, Mr. Patterson.

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Dennis Patterson Iqaluit

Just one very small additional point, if I may, to assist you, Mr. Speaker. I know that several Members have referred to the practice of a newspaper printing unsigned letters, and I think they may be referring to the practice of Nunatsiaq News which is published in my constituency. I would just like to clarify for Members that Nunatsiaq News' policy is that a person may write a letter to the editor, sign it and identify themselves, but request that their name not be published. So the newspaper does have a policy of publishing those kinds of letters. But I would like to emphasize that they only publish letters where an individual signs the letter and makes their name known to the editor, for reasons of exposure to the employer or in another sensitive situation, request their name not be published. So I don't think they're actually publishing unsigned letters. They're publishing signed letters where people request that their names not be publicized. I would just like to make that point to assist you further, Mr. Speaker. Thank you.

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The Speaker Samuel Gargan

Thank you. To the point of order, Ms. Mike.

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Rebecca Mike Baffin Central

(Translation) Thank you, Mr. Speaker. I would like to make a comment to the point of order. I feel, too, that the letters that are tabled in this House that are not signed should not be tabled, whether they come from the government or anybody else.

I feel that letters from government departments, if they're not signed by individuals, don't follow the law. If we're going to have a rule in this House that we only accept tabled documents that are signed, it would be appropriate. Thank you.

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The Speaker Samuel Gargan

Thank you. To the point of order. Mr. Nerysoo.

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Richard Nerysoo Mackenzie Delta

Thank you, Mr. Speaker. I don't want to take up too much more time, but I want to reiterate two points that have been raised already. On the matter of naming individuals, we have a long history in parliamentary democracy of protecting people from criticism or, at least, a situation where

their character could be called into question. It's interesting, Mr. Speaker, I know that Members don't want me to mention this, but the simple fact is, this issue is not simply an issue of one particular letter. In fact, the honourable Member for Thebacha was the one who, in fact, indicated that there are rules in this House that should have been followed. The fact is, she was under the impression -- after a number of responses -- that there were no rules. So, in my view, she was indicating there was a need to have rules.

The one other comment I want to make, Mr. Speaker, is simply this. We also have to be very careful about how and what we say about charges to personal characters. It is very important that we are careful, as Members of this House who represent the general public, what we say and how we affect the character of those who do not have -- as Mr. Patterson and Mr. Dent indicated -- the ability to defend themselves. The unfortunate situation, Mr. Speaker, is that oft-times maybe we forget that our responsibility is to the public good; and in doing our job, we have to make certain statements and make significant decisions that affect the lives of people.

So, Mr. Speaker, I want to ask one other thing. Upon your judgement on this issue, it is my belief that, at some time, the Rules, Privileges and Procedures Committee should establish guidelines, not necessarily rules, but guidelines on how we deal with the tabling of documents in this House. Thank you, Mr. Speaker.

---Applause

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The Speaker Samuel Gargan

Thank you. Are there any further comments on the point of order? I, first of all, would like to thank Mr. Nerysoo for bringing up the issue. When the issue of the tabling of unsigned documents came up I had concerns about it, but it had to be brought up by Members themselves. They have to raise a point of order. I would like you to remember that if you have questions about a Member bringing up an issue, your responsibility is to raise that right away. It should be dealt with at that time. I'm glad that this has been brought up. We are a consensus government and perhaps we have to look at this and what other jurisdictions do with regard to the tabling of documents. I appreciate the Members' comments and will reserve my ruling on it to a later date. Thank you very much.

---Applause

Item 2, Ministers' statements. Mr. Ng.

Kelvin Ng Kitikmeot

Thank you, Mr. Speaker. Mr. Speaker, I have the pleasure of advising Members that new policies for operating and capital assistance for settlements and other small communities have been approved for implementation April 1, 1995.

The capital and operating assistance provided by the department to settlement corporations, settlements and unincorporated communities has evolved over the last 20 years, without a framework to ensure the necessary level of funding and the consistent and equitable distribution of this funding.

The settlement operating assistance policy and the settlement capital assistance policy, known commonly as SOAP and SCAP, will ensure fair and equitable distribution of funding to smaller settlements and communities. With the introduction of SOAP, operations funding to eligible communities will be based on a formula that accounts for the basic services and programs which a community government is expected to provide. The formula is similar to that used to distribute funds to hamlets, with appropriate modifications to fit the generally smaller communities.

Mr. Speaker, SOAP and SCAP will not only eliminate any real or apparent discrepancies between communities eligible for assistance, but it will harmonize the funding approach for settlements with that of hamlets. These discrepancies have long been a concern for MLAs with small communities and, in particular, in the Fort Smith region where the majority of settlement corporations, settlements and unincorporated communities are located.

It is generally acknowledged that the communities eligible under the new policies, that are generally characterized as small and relatively undeveloped, have previously lacked the resources to fully maximize their potential. It is with pleasure therefore, Mr. Speaker, that I can confirm SOAP will result in just over $700,000 in extra funds to these communities, allowing them to provide the essential levels of municipal services and good government that residents expect. These funds have been reallocated from within the department's budget, reflecting the commitment we have to this priority need.

Capital assistance under SCAP, Mr. Speaker, will harmonize the department's approach to the communities under SCAP with our approach to hamlets, charter communities and tax-based municipalities under the municipal capital assistance policy. The standards and criteria for capital are now generally based on the size and ability of communities to contribute, rather than the incorporated status of communities.

In the next few weeks, department staff will be contacting each of the eligible communities to explain the policy provisions, review the funding details and work with the community on an agreement for funding and accountability. This preparation work will be completed prior to implementation of the policies on April 1, 1995.

I am particularly pleased that, even with the difficult financial conditions we face, we have been able to address one of the priorities identified by many Members of this House. That is, we have established policies aimed at providing adequate funding to our settlements and small communities. Thank you, Mr. Speaker.

The Speaker Samuel Gargan

Thank you, Mr. Ng. Item 2, Ministers' statements. Mr. Kakfwi

.

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, I wish to report on the progress of a program in the Department of Justice, first introduced in 1989. I am happy to report that it is a success story.

The maintenance enforcement program was introduced to ensure that persons who had been ordered by the courts to support their spouse and children lived up to their obligations. Maintenance orders, or support orders, as they are often called, are ordered in circumstances when a family has broken down, but the financial obligation to support one's spouse or children continues.

In the past, the person or persons entitled to support, usually the children of the marriage represented by the mother, often had difficulties in realizing the support they were entitled to, because the person ordered to pay -- the "debtor" -- refused to live up to his or her obligations. In the more difficult cases, the debtor was often in a different jurisdiction.

Since 1989, it is possible for the creditor to register the maintenance order with the administrator of the maintenance enforcement program, who will pursue the enforcement of the order on behalf of the creditor. As I said earlier, the creditor is usually seeking to enforce the order on behalf of the children.

The administrator of the program has power under the legislation to attach any money owing to the debtor by third parties, such as employers or governments. In this way, children dependent on the support of their parents are now receiving support which previously was evaded all too often by debtors.

A related process is the reciprocal enforcement of maintenance orders, whereby a debtor who has moved to another jurisdiction can be compelled to provide maintenance to a family residing in another part of the country. Reciprocal enforcement of these orders can even be enforced in other countries, if both countries are reciprocating jurisdictions.

New measures are constantly being introduced to ensure that orders are enforced. Recently, the maintenance enforcement administrator was given access to a computer database of all registered vehicles across the country. An absconding debtor's location can now be determined at electronic speeds.

The effectiveness of the program has grown dramatically. The number of cases affecting NWT creditors has grown from zero in 1989 to 411 in the fiscal year ending January 31, 1995. The enforcement of orders from other jurisdictions has grown from 105 to 458 in the same period.

Interestingly, there were 13 cases in the past year when debtors voluntarily registered with the program, which is an indication that debtors increasingly are becoming aware of the effectiveness of the program, and see an advantage to themselves in living within the discipline that it imposes.

Mr. Speaker, it gives me great pleasure to inform the House that we have programs which are working to ensure that children are receiving the support they are entitled to.

---Applause

The Speaker Samuel Gargan

Item 2, Ministers' statements. Ms. Cournoyea.

Minister's Statement 42-12(7): Languages Agreement
Item 2: Ministers' Statements

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Nellie Cournoyea Nunakput

March is Aboriginal Languages Month in Canada, and I want to take this opportunity to announce that the government will be signing a new language agreement on Tuesday.

The agreement with Heritage Canada will provide about $18 million in federal funding over a three-year period to support and strengthen aboriginal and French languages in the Northwest Territories. In conjunction with the agreement, a further $2 million is being made available by Parks Canada for initiatives, such as oral histories that support aboriginal culture.

Mr. Speaker, I also want to announce the creation of a community language leader awards program.

The purpose of the program is to recognize individuals and organizations, at the community level, who promote the use of official languages. Nominations for the first awards will be sought in the next few months, after details on the selection criteria have been finalized.

The first recipients of the award will be announced at the beginning of the aboriginal languages month next March.

Mr. Speaker, the government recognizes that use of official languages is fundamental to the operation of good government in the Northwest Territories, by making it possible for the public to understand and benefit from government activities, programs and services.

The establishment of this award program is one way of recognizing the value we place on use of languages in the territories. And the recognition of individuals and organizations is an indication of our belief that language development and revitalization must begin at the community level.

Mr. Speaker, I would like Members to join me in acknowledging the individuals and organizations who have worked hard to promote the use of languages in the Northwest Territories, as well as our interpreters who make it possible to conduct the business of the House. Thank you, Mr. Speaker.

---Applause

Minister's Statement 42-12(7): Languages Agreement
Item 2: Ministers' Statements

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The Speaker Samuel Gargan

Thank you. Item 2, Ministers' statements. Mr. Nerysoo.

Minister's Statement 43-12(7): A New Education Act
Item 2: Ministers' Statements

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Richard Nerysoo Mackenzie Delta

Mr. Speaker, I am very pleased to announce that I will be introducing a new Education Act in this House later today.

---Applause

It is an accomplishment in which the public, school boards, and Members of the Legislative Assembly have participated.

This proposed new law for education gives authority to communities for the delivery of schooling. It provides the flexibility we need for future constitutional development. It focuses on students, promotes parental and community decision-making, and enables communities to develop a vision for their schools and for their children's learning.

The Education Act which now governs the system was approved in 1977. The organization of local education authorities in this act provided for a progression from advisory committee, to society, and finally to a decision-making board. Although some committees did become societies, societies did not evolve into boards. The system the 1977 act put in place recognized the importance of local control and culture, but it retained most of the authority for program delivery with the Minister and the department.

In 1982, the Special Committee on Education reviewed the system and introduced a new structure to give more local control to communities -- divisional boards of education. The Education Act was amended to provide for divisional boards in 1983 and, since then, has been amended many times. Eight divisional boards were established across the north, from 1985 with the Baffin Divisional Board of Education, to 1990 with the South Slave Divisional Board of Education. These changes were significant. Communities, through divisional boards, began to make more decisions about schooling.

Now communities want to make decisions about schooling not envisaged in 1977 or 1982. They want to be able to make broad decisions about learning and have more authority and flexibility than they have through the current law. They want real authority to provide direction in education in their schools and in their communities. They want high standards of excellence in education and they want the Minister and department to ensure that these standards are consistent across the territories.

Immense changes have occurred in our country and in the Northwest Territories in the last 15 years. We have seen the Charter of Rights and Freedoms of Canada; new technology; changes in the age, values and skills of the population; and, increasing fiscal restraints, to name a few. In consultation with the people across the north, we have developed a strategy for Education, Culture and Employment programs to take us 15 years into the future, but we need a new Education Act to support and enable the kind of change envisaged for education.

People have been asked and have provided direction for the legislative change they think is necessary in education. In 1990, they provided general directions through a consultation process and in 1994, they gave us more specific direction about each section of the proposed act. Last November, we tabled a legislative discussion paper on the draft of the new Education Act. We presented and discussed it in detail with the Standing Committee on Legislation and with boards and divisional boards of education. Concerns about specific proposals have been raised and debated and, where possible, changes made in the legislation.

Education is a subject which is important to everyone and everyone has opinions on what they would like to see change or what they think is most important. Although we cannot hope to have consensus on every issue, the consultation so far has resulted in changes in the act which I believe address most concerns and respond to the directions we have received.

The new Education Act begins with students and ends with the administration of the system. It emphasizes partnership and enables students to be real partners in their learning. It continues to recognize language and culture as the foundation of the system and increases the responsibilities of educators, as well as students, parents and community authorities. Above all, it enables communities to make decisions together, in those areas where they can pool their resources and separately, when they are providing direction for the schools in their communities. It enables change and development in the education system.

This government has recognized the inherent right of aboriginal peoples to self-government. The changes proposed in this act will facilitate the development of a unique Inuit system of education in Nunavut and will facilitate change in the western territory to enable people to set their own education goals.

Mr. Speaker, this Assembly has stated that education is a priority, and I believe that introducing and considering the new Education Act now demonstrates that priority. This act is the result of considerable investment and consultation over the years. It will be seen as an accomplishment of the 12th Assembly. Thank you.

---Applause

Minister's Statement 43-12(7): A New Education Act
Item 2: Ministers' Statements

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The Speaker Samuel Gargan

Thank you. Item 2, Ministers' statements. Item 3, Members' statements. Mr. Whitford.

Federal Flight Investigation
Item 3: Members' Statements

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Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Speaker. Good morning. Mr. Speaker, a newspaper article published last Monday, March 6th, reported that a federal flight investigation is taking place regarding an incident reported from a northern community. This report claims that two airplanes passed within minimum distance safety standards earlier this year. The findings of this federal investigation will not be made public. The article states that a federal Transportation spokesman also said that no one's job is in jeopardy as a result of the investigation. The article concludes by saying that this investigation is being conducted in an effort to prevent future incidents.

It seems to me, Mr. Speaker, that if this incident has been correctly reported, the federal government is acting in a very patronizing manner by not making their findings of this investigation available to the public. In this case, the public represents the residents of the Northwest Territories and they are certainly the ones most likely to be impacted by this investigation's findings.

Regardless of what conclusion this investigation reaches, Mr. Speaker, surely the public has the right to know about the safety standards concerning aircraft flying within our borders. I believe, Mr. Speaker, that this could prove to be an unwise decision on the federal government's part. If the findings clear everyone concerned and it becomes evident that no safety standards were broken, would it not be fairer to the company and to the employees to make that publicly known?

On the other hand, Mr. Speaker, if safety regulations were broken, how can the federal government take it upon itself to keep those findings hidden from public knowledge? Either way, I think the people of the Northwest Territories deserve some kind of explanation as to why such an important investigation would be kept from public knowledge.

---Applause