Chairman of the Financial Management Board, Mr. Pollard.

Thank you, Mr. Speaker. Mr. Speaker, yes, there are agreements with our employees through their respective unions and we have to abide by those particular agreements. We raised this issue of casual summer student positions with the UNW before and haven't had any success in resolving it. As I said in the House, if we were seen as syphoning off some of those jobs and contracting them out at a lesser rate, I'm sure the union would file a grievance with us. However, I'll go back and talk to the legal beagles. I'll ask them the question Mr. Allooloo has asked me, through you, Mr. Speaker, and provide him with an answer. Thank you.

Supplementary, Mr. Allooloo.

Mr. Speaker, I would appreciate the work that will be done by the Minister to find out whether more students could be employed at lesser rates by way of contracting out the work to the private sector, such as co-ops, housing associations, or hamlets. Mr. Speaker, how long does the Minister think it will take to answer the question about whether they can contract out this work or not? Will it be before the end of session, since the work that is going to be required by the GNWT for these students will be coming through very soon? Thank you.

Mr. Pollard.

Thank you, Mr. Speaker. I'll deliver the answer on Tuesday of next week. Thank you.

Thank you. Item 6, oral questions. Mr. Patterson.

Minister of Health and Social Services, Madam Premier.

Mr. Speaker, any document that's tabled in the Legislative Assembly can be moved into committee of the whole for discussion. That's the privilege of the Members of the Legislative Assembly, if they wish to discuss any document. Mr. Speaker, the document has been put together for discussion in the areas of social reform, community wellness and community involvement and I believe

the document has also been very well circulated outside the Legislative Assembly in communities.

In a number of communities that I've visited recently, that document seems to be very well-received in terms of what people want to talk about. They want to discuss the wellness of their communities, what they are going to do about social well-being, who is going to do it, and how they can get together to have healthy communities. It has taken on a life of its own because it seems to be speaking the language that communities want to speak. Often it is referred to at the same time the income reform document is being discussed in forums. A lot of individuals who discuss community well-being talk about social welfare reform, community involvement and use the income support and community wellness documents as support for those discussions.

It is well-received by the communities and it is being talked about. I, Mr. Speaker, would have no objection to having the document moved into committee of the whole for discussion if any Member wishes to do so. Thank you.

Thank you. Supplementary, Mr. Patterson.

Thank you, Mr. Speaker. I certainly will be encouraging that kind of a debate in this Assembly. I would like to ask the Minister in light of what she said about the good response this document is getting in communities, would the Minister agree that the community wellness strategy represents quite a fundamentally different approach on the part of this government, having communities rather than government bureaucrats solving their own social problems? Thank you.

Ms. Cournoyea.

Mr. Speaker, I realize that over the years the establishment of government in the Northwest Territories has occurred along the lines of programs that were federal programs offered to any provincial jurisdiction, Northwest Territories and the Yukon territory. Those programs were predesigned in one package. If you wanted to access those programs, the access were with the guidelines and the criteria that have been established. Clearly, from the community discussions over a number of years, communities have objected to having to take programs that already have guidelines that really didn't fit into the community. We've heard that message for a long time now, not just in the last couple of years. It's not a revelation, it's something that has been haunting many of us for the last 15 or 20 years on how do you make those changes and how do you give and empower the communities with the necessary tools to look after themselves; and how do you build individual self-esteem, dignity and pride; and how do you help community leaders guide the community into a healthy community?

Certainly, that type of flexible approach has not been awarded to the community. It has not been awarded to the GNWT because the programs have been designed at the federal level with the anticipation that it could suit anybody anywhere and not have the problems of trying to be flexible.

Mr. Speaker, I believe that it has been with the protests that have come from the aboriginal organizations and from Northwest Territories communities and leaders, of how much destruction has been done to communities and community well-being by creating dependence on a welfare system that really was a negative system and really didn't support growth and well-being. The community wellness strategy -- as the honourable Member for Iqaluit has indicated -- does lead to discussion away from the bureaucratic approach to how programs and services have been applied in the past and looks to giving more to the community. The communities certainly want to take a hold of the issues that arise in their community, they want to resolve problems; but they want the tools and the flexibility to do so.

This document is really a document that has come out of a lot of discussions over the last number of years in trying to empower the communities to take on that responsibility and that accountability. It's going to be a major change. Recently, with the meeting with the group that has been set up under Mr. Nerysoo's responsibility on income reform, it was clearly stated that while communities were very excited and really looking forward to getting the show on the road, they were a bit apprehensive that we'll get the kick-start, people will get excited, then the ball would be dropped. So we had to make a commitment on behalf of all the Legislative Assembly Members and Cabinet that we're behind this initiative, we want it to work. And the communities are the ones that will have to grapple with the issues at home, and we have to try to provide the tools so they can resolve and set direction and priorities to resolve their problems.

So, yes, it does answer that one question. It's a long answer, but I think it's a pretty exciting thing when people say this is what we've been saying all along, now can we get on and get it done. Thank you, Mr. Speaker.

Question period is over. Item 7, written questions. Item 8, returns to written questions. Item 9, replies to opening address. Item 10, petitions. Before we get into item 11, we'll take a 10-minute break.

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The House will come back to order. We're on item 11, reports of standing and special committees. Mr. Whitford.

Mr. Lewis.

Part I: Students And Parents

Access To Education

Thank you, Mr. Speaker. Issue: The committee expressed a concern with the wording contained in the draft act with respect to the age for starting kindergarten, where a child would have to be five years old as of December 31st to be eligible. It was felt that the act should be more flexible in this regard, particularly when taking into account the flexibility proposed for the school calendar.

Response: Department officials agreed with the suggestion and responded with a proposal to change the wording in the appropriate sections to state that "the child must be five years old within five months after the start of the school year."

This would take into account the more flexible school calendar by clarifying that regardless of when the school year started, if the child turns five prior to the half-way point they will have the opportunity to start kindergarten. For example, if the school year started on September 1st, the child would be eligible to enter kindergarten if they were to turn five by the 31st of January rather than December.

Inclusive Schooling

Issue: It was noted by the committee during the review that the current act states the Minister shall provide special needs programs to students who require them, but the draft act says that such support services shall be provided in accordance with the direction of the Minister where practicable.

The committee was concerned that, regardless of the fiscal position of the government, the parents of special needs students must be assured that their children will have access to the special services that are required.

Response: The department indicated that in the absence of the precise legal wording of an education bill, it would be premature to debate this issue. Officials felt that if Members were not satisfied that the present wording did not adequately express the intent to provide special needs services, it may be more appropriate to address the issue after the bill has been introduced in the Legislative Assembly.

Home Schooling

Issue: During the review the committee engaged in discussions on the relative merits and drawbacks of the home schooling program and there was a general concern that high standards of education be maintained through monitoring and evaluation.

Response: The department responded by referring to provisions in the draft act which require the district education authority and divisional education council to "evaluate and provide support to home schooling programs in accordance with the regulations." In addition to regulations on home schooling, the draft act includes provisions which require the superintendent to "review, approve, reject, monitor and terminate programs to be used for home schooling" and the principal to "perform the prescribed duties relating to the support and monitoring of home schooling programs."

The department further stated that:

"Through regulations, we intend to establish procedures which will require the programs used for home schooling to be comparable to those used in the public schools of the Northwest Territories, and require the progress of students in home schooling programs to be regularly evaluated to ensure that the program is meeting their educational needs."

Issue: In home schooling discussions, there was also a concern that the proposed provision for reimbursing parents for home schooling program costs was too open to interpretation and could conceivably lead to requests from home schooling parents for unauthorized financial support.

Response: The draft act states that home schooling education program costs must be approved by the district education authority. Department officials stressed that the draft act:

"allows district authorities to determine which program costs they will approve, and which they will not, even for a home schooling program that has received their approval. The home schooling regulations will also clarify the kinds of program costs a district authority can expect to pay, such as correspondence course fees, texts and other learning materials."

Private Schools

Issue: During discussions respecting private schools, it was noted by the committee that the draft legislation was not clear that private schools were those providing programs for students to whom compulsory attendance applies, specifically children aged six to 16.

It was suggested by the committee that the definition of private schools be reworded to clarify that schools which must register as private schools are those offering programs for students (aged six to 16) to whom "compulsory attendance" applies.

Response: The department agreed with this recommendation and has undertaken to facilitate the required changes.

Issue: The committee also noted that the legislation should include a penalty for private schools that remain open in violation of a suspension or cancellation of their registration.

Response: The department has committed to address this concern by adding a section which would make it a duty of a private school providing educational programming to compulsory-aged students to register with the Minister. Another section will be added to allow for the charging of a fine to those private schools that operate without being registered or that continue to operate after their registration has been cancelled or suspended.

I would now like to ask, Mr. Speaker, if my colleague from Baffin South, Mr. Kenoayoak Pudlat, would continue with the reading of this report. Thank you.

Mr. Pudlat.

(Translation) Thank you, Mr. Speaker.

Attendance

Issue: Committee Members questioned departmental officials on provisions in the draft legislation which affirm that education is a "right" for those between the ages of five and 21, by stating that they have an "entitlement" to an education program. However, the draft act goes on to refer to "compulsory attendance" for those between the ages of six and 16 and places a burden of duty on the parents to ensure compliance.

The committee's concern stemmed from the apparent contradiction that a "right" must be enforced. While the committee understands that a child's entitlement to receive an education must be recognized, it is unfortunate that the parents' duty to ensure that right must also be legislated. It was felt that the more government legislates this kind of responsibility, the more they are telling people that they are not competent to make such decisions respecting the health and welfare of their children.

Response: The department explained that the compulsory attendance provisions were phrased in a manner consistent with all other Canadian jurisdictions. They must first recognize the right of the child to receive an education and secondly, to ensure that right, parents must assume a measure of responsibility for the benefit of the child, at least until the age of 16.

Confidentiality Of Records

Issue: The committee examined the section on student records and noted that there may be instances where certain information contained in confidential student records must be accessible to health and social services professionals, given the appropriate consents, in order to meet the needs of the student. In addition to the health and welfare of the student in question, there must also be due consideration for the health and welfare of other students and staff.

In the interests of all parties, the committee felt that there should be a protocol for interagency information sharing between education, social service and health professionals so that all those who provide services for the student could have access to all relevant information.

Response: The department has agreed to address this concern by adding a section that will allow information from the student record to be shared with health and social services professionals. The department also assured the committee that such a provision will be consistent with access to information and protection of privacy legislation, and will include the necessary requirements for notification and consent.

Student Discipline

Issue: In its examination of the section dealing with student discipline, the committee was of the opinion that the act should specifically state that the use of alcohol, drugs and weapons should be specified as behaviours for which a student can be suspended or expelled. It was felt that the proposed approach of including specific offences and behaviours in a set of "rules" to be established by each district authority was not sufficient and fell short of the "zero-tolerance" philosophy.

Response: The department proposed to change the draft legislation to include the illicit use of alcohol or drugs as behaviours for which a student can be suspended or expelled. However, on the advice of legislative counsel, the department will not include a reference to "weapons" in the new provision.

"With regard to the use of weapons -- the term 'weapon' may limit rather than increase our ability to suspend under the current provision which states that the suspension can occur for conduct injurious to the physical or mental well-being of other students or school staff."

Also, in response to the committee's concern regarding zero tolerance for violence, the department proposes to add a provision to include in student records, documentation of any violent acts perpetrated by a student. This record will follow a student in the event that he or she changes schools.

I will now defer to the Standing Committee on Legislation Member, Mr. Allooloo.

Mr. Allooloo.

Part II: Educators

Teachers

Thank you, Mr. Speaker.

Issue: In reviewing the proposed provisions for the suspension of teachers where there is misconduct or incompetence, it was not clear to the committee whether such a suspension was with pay or without pay. In the interest of clarity, the committee felt that the act should specify whether a suspension is with pay or without pay.

Response: The department has agreed to reword the section that refers to the suspension of a teacher for misconduct or incompetence, to clarify that it is without pay.

Issue: The committee also noted that another section dealing with alleged misconduct or incompetence was worded awkwardly and should be made more clear.

Response: The department will undertake to reword the section that refers to the suspension of a teacher for alleged misconduct or incompetence to eliminate any confusion.

Issue: Committee Members expressed a concern from a community perspective that teachers must be familiar with, and sensitive to, the cultural environment in which they are teaching. It was suggested that teachers' performance evaluations, conducted every year, should include a cultural component to gauge each teachers' sensitivity and adaptability to their cultural environment.

There was also some discussion pertaining to the fact that, in the draft act, principals are responsible for evaluating teachers, giving the appearance at least of "peer evaluation." The committee was not entirely comfortable with the provision.

Response: Department officials explained that, under the new terms of the draft act, district authorities are considered the board of education management and the principal serves as a manager, taking direction from the local authority. Therefore, it would be the local authority that directs the evaluations conducted by the principal and sets the guidelines and standards for these evaluations. In order to address the cultural sensitivity requirements, these guidelines and standards could include knowledge and understanding of the culture of a community, as directed by the district education authority or divisional education council.

Part III: Communities - Cultural Diversity

Language Of Instruction/Program Language

Issue: The wording of a particular section on determining the language of instruction in a district caused the committee some concern. It was interpreted by Members to say that a district authority could choose a language of instruction only if approval of the Minister was secured. This seemed to contradict a basic objective of the draft legislation, which is to move more decision-making authority for education to the community level.

Response: The department agreed with the committee's assessment and responded by committing to create a new section: "which will state that the Minister will, by directive, give guidelines for the implementation of language of instruction programs to ensure that high standards of education are maintained." In addition, the present wording will be changed to eliminate "ministerial determination" as a prerequisite for the district authority's choice of language. These changes will ensure that the decision is in the hands of the local authority, but within prescribed guidelines to maintain standards of education.

Issue: Additional sections caught the attention of the committee with respect to their wording which seemed to give priority to the English language in Northwest Territories schools. The committee requested that changes be made to ensure that there was more of a balance between English and aboriginal languages.

Response: The department made the commitment that the section referred to: "will be reworded so that English and the official languages other than English are referred to in a more parallel manner."

Mr. Speaker, I will now ask the Member for Natilikmiot, Mr. Ningark, to continue the report. Qujannamiik.

Mr. Ningark.

Religion And Spirituality