This is page numbers 711 - 742 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

John Ningark Natilikmiot

Thank you, Mr. Speaker. The standing committee engaged in extensive discussions on the issue of religion and spirituality in schools. By way of introduction to what is proposed in the draft act, the following is taken from the explanatory notes in the discussion paper:

"The current act provides that the school day may begin with the Lord's Prayer and provides for the delivery of religious instruction in public schools. These provisions were enacted before the Canadian Charter of rights and Freedoms became law in 1982, and should be considered now in light of the Charter.

"The draft act is proposing that teachers may make statements about spiritual or religious values or beliefs, if required to explain an aspect of a subject or a world view. The draft says teachers can make such statements providing that the statement is made in a manner that is respectful of the spiritual or religious values or beliefs of all the students.

"The draft act also says that a public denominational school may provide religious instruction up to 150 minutes a week, and may conduct religious exercises. It says that the religious instruction and exercises shall be provided in a manner that is respectful of the spiritual or religious values or beliefs of all the students."

Issues: Although the Charter does not permit religious instruction in a particular faith or denomination in public schools, committee Members felt that something should be done in schools to recognize the spirituality of our existence and which reminds us that we are human beings and we should be respectful of the values and beliefs of others.

The committee suggested that the department come up with some inclusive way to recognize spirituality that is respectful of all religions. A possibility suggested by Members was to allow some sort of universal expression of spirituality and goodwill that offends no one, yet recognizes a power greater than ourselves.

Further discussions progressed to the point where committee Members were clearly uncomfortable with the elimination of religious instruction in public schools. It was felt that such instruction imparted basic values and respect for others to our children, and should be allowed.

Some Hon. Members

Hear, hear.

Some Hon. Members

Agreed.

John Ningark Natilikmiot

Response: The Department considered the committee's position and looked at ways to address the issue within the boundaries of the Charter of Rights and Freedoms:

"What Charter decisions have shown is that instruction in religions within schools is permissible as long as it is consistent with the multicultural heritage of Canada."

In other words, as long as instruction in religion is offered in the context of other world religions, and is respectful of all faiths and their inherent values, it will not be considered in contravention of the Charter.

Therefore, the department proposed to add a subsection "enabling public schools to allow instruction in world religions and spiritual values in a manner that is respectful of the spiritual or religious values or beliefs of all the students."

Issue: Discussions on religion and spirituality led to a related issue which the committee felt should be addressed. Members noted that the draft act did not provide for expressions of patriotism in our schools. The once-common practice of singing the national anthem on a regular basis has faced from much of our institutional activity.

Members felt that this need not be the case if the department could propose some method of retaining such a practice.

Response: The department's response that a statement "will be added to the preamble referring to the multicultural heritage of Canada" was the result of a misinterpretation of the committee's concern. Further discussion with departmental officials on the issue served to clarify for the committee that the act would not prevent a district authority from including regular expressions of patriotism in schools as a matter of practice, but it need not be made a requirement in the legislation.

Mr. Speaker, I would like now to defer to the Member for Yellowknife South and the SCOL chairperson, Mr. Tony Whitford, to conclude this report. Thank you.

The Speaker Samuel Gargan

Mr. Whitford.

Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Speaker. With your permission...

PART III: Communities - Governance

Membership And Terms

Issue: In responding to a request from divisional boards for more continuity on education councils and committees in the communities, the draft act proposes that the term of office of members of a district education authority will be three years, except where the term of the municipal council of a district is two years. In this manner, the election of district authority members would coincide with municipal elections.

The committee felt that each community is different and should be able to decide for themselves how much "continuity" they require in their district education authority membership. It was suggested that this provision for determining the terms of members be flexible, perhaps within a range of one to four years, to allow more community control.

Response: The department responded by indicating that a provision will be added:

"allowing communities to petition the Minister for an alternate length of term for the members of the district education authority. One qualifier will be that the elections for the district education authority must coincide with the elections for the municipal authority in their district so that costs are not increased. Since most municipal authorities have staggered terms, and so have elections every year, this would allow a great deal of flexibility for most communities if they wished to change the terms of the members of the district education authority."

Issue: The draft act also proposes that the person who receives the most votes in the election and the person receiving the second-highest number of votes will be named the chairperson and the vice-chairperson respectively.

The committee did not agree with this method of selecting these positions and recommended that the department make a change.

Response: The department agreed to change the relevant sections to enable the district education authority to select is chairperson and vice-chairperson from among its members, rather than being determined by the number of votes candidates received during an election.

Coordination

Issue: In the general discussions on the role and responsibilities of district education authorities in the community, the committee felt that there should be more emphasis placed on the need for coordination of education planning and management with the governing authority of the municipality.

Response: The department made a commitment to add a provision in the responsibilities and duties of local authorities that requires the district education authority to inform the governing authority of the municipality or community of the development and use of school facilities to enable coordination with municipal planning.

Part IV: Finance And Administration

Public Denominational Finance

Issue: In the discussions on support for, and voting in the elections of, either public or public denominational schools, there was some confusion with respect to the options available to ratepayers.

Response: Upon closer examination of the relevant provisions of the draft act, department officials provided the following explanation:

"...those who support a public denominational district may vote for the district education authority of that district, and those who support the public district may vote for (that) authority. If a person sends contributions to both districts, they must choose the district in which they will vote, because they cannot vote for both the public and public denominational district education authorities. (In addition,) only those support the public denominational district through taxes can vote on issues dealing with the expenditure of money in that district."

However, in the event of joint property ownership, the draft act allows the two joint tenants "to send their contributions to different districts and each to vote for the district education authority of the district to which they send their contributions."

Conclusion

The Standing Committee on Legislation was very pleased with the draft of the new Education Act. Although it will likely require additional adjustments and minor revisions to meet the needs and concerns of northerners, the committee felt that the foundation and the necessary provisions are present. The committee especially supports the move reflected in the proposed legislation to vest communities with additional responsibility and authority for education. This will allow community and regional priorities and differences to be reflected in education programming throughout the north, while maintaining the quality and standards of the core curriculum.

The committee is aware that over the course of the last two months the department has endeavoured to present the draft legislation to the divisional boards of education across the Northwest Territories and engage in discussions aimed at further improving the new Education Act. When the education bill is introduced, it will likely reflect additional changes suggested by the education boards.

A new Education Act for the Northwest Territories has been years in the making. When the education bill is introduced in the Legislative Assembly, the committee is confident that all parties, including government, communities, education professionals, parents and students will give it the priority consideration it deserves.

Acknowledgements

The Standing Committee on Legislation gratefully acknowledges the considerable efforts of the Honourable Richard Nerysoo, and the staff of the Department of Education, Culture and Employment in assisting the committee with its review: Mr. Hal Gerein, the deputy minister; Mr. Eric Colbourne, the ADM of educational development; Ms. Gail Joyce, director of policy and planning; Ms. Janet Grinsted, senior policy advisor on legislation.

Their commitment to education in the north enabled the committee to gain a thorough understanding of the proposed legislation through their contributions to the committee's review of the discussion paper.

Mr. Speaker, that concludes the report of the Standing Committee on Legislation.

Motion To Receive Committee Report 6-12(7) And Move To Committee Of The Whole, Carried

I have a motion to make, Mr. Speaker. I move, seconded by the honourable Member for Natilikmiot, that the report of the Standing Committee on Legislation on its review of the draft Education Act be received by the Assembly and moved into committee of the whole.

The Speaker Samuel Gargan

Thank you. The motion is in order. To the motion.

An Hon. Member

Question.

The Speaker Samuel Gargan

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Item 11, reports of standing and special committees. Item 12, reports of committees on the review of bills. Item 13, tabling of documents. Ms. Cournoyea.

Item 13: Tabling Of Documents
Item 13: Tabling Of Documents

Page 731

Nellie Cournoyea Nunakput

Mr. Speaker, I wish to table the following document, Tabled Document 77-12(7), Annual Report of the Nunavut Implementation Commission for the Year Ending March 31, 1994.

Item 13: Tabling Of Documents
Item 13: Tabling Of Documents

Page 731

The Speaker Samuel Gargan

Thank you. Item 13, tabling of documents. Item 14, notices of motion. Item 15, notices of motions for first reading of bills. Item 16, motions. Motion 16-12(7), Setting of Sitting Hours by Speaker, Mr. Lewis.

Brian Lewis Yellowknife Centre

Thank you, Mr. Speaker.

I MOVE, seconded by the honourable Member for Hay River, that the Speaker be authorized to set such sittings hours as the Speaker, after consultation, deems fit to assist with the business before the House.

The Speaker Samuel Gargan

Thank you, Mr. Lewis. The motion is in order. To the motion.

An Hon. Member

Question.

The Speaker Samuel Gargan

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Item 17, first reading of bills. Mr. Lewis.

Bill 31: Recall Act
Item 17: First Reading Of Bills

March 29th, 1995

Page 731

Brian Lewis Yellowknife Centre

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Yellowknife South, that Bill 31, Recall Act, be read for the first time.

Bill 31: Recall Act
Item 17: First Reading Of Bills

Page 731

The Speaker Samuel Gargan

The motion is in order. To the motion.

Bill 31: Recall Act
Item 17: First Reading Of Bills

Page 731

An Hon. Member

Question.

Bill 31: Recall Act
Item 17: First Reading Of Bills

Page 731

The Speaker Samuel Gargan

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Bill 31 has had first reading. Item 17, first reading of bills. Item 18, second reading of bills. Mr. Pollard.

John Pollard Hay River

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Kitikmeot, that Bill 28, An Act to Amend the Legislative Assembly and Executive Council Act, be read for the second time.

Mr. Speaker, this bill amends the Legislative Assembly and Executive Council Act to provide that the Commissioner, on the advice of the Premier, may revoke the appointment of a Member of the Executive Council. Thank you, Mr. Speaker

The Speaker Samuel Gargan

Thank you. The motion is in order. To the principle of the bill.

An Hon. Member

Question.

The Speaker Samuel Gargan

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Bill 28 has had second reading. Item 18, second reading of bills. Mr. Pollard.

Bill 30: Deficit Elimination Act
Item 18: Second Reading Of Bills

Page 731

John Pollard Hay River

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Tu Nedhe, that Bill 30, Deficit Elimination Act, be read for the second time.

Mr. Speaker, this bill provides that the budget of the Government of the Northwest Territories must be balanced for the 1998-99 fiscal year. To meet that target, the bill provides that the deficits for the 1996-97 and 1997-98 fiscal years must not exceed $20 million and $10 million respectively. If deficit targets are exceeded in either the 1996-97 or 1997-98 fiscal years, the budget must be adjusted by an offsetting amount in the next fiscal year. Thank you, Mr. Speaker.

Bill 30: Deficit Elimination Act
Item 18: Second Reading Of Bills

Page 731

The Speaker Samuel Gargan

Thank you. The motion is in order. To the principle of the bill. Mr. Koe.