Thank you. Clause 4. Now, Mr. Zoe.
Debates of April 27th, 1995
Topics
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1103
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1103
Henry Zoe North Slave
Mr. Chairman, under clause 4 section 5...Where am I here? For 7.9, authority of order, I want to ask the Minister, once the order is made by the fair practices officer or parties, why is the onus on the parties to file with the clerk of the territorial court?
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1103
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1103
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1103
The Chair Tony Whitford
Mr. Zoe, we seem to have a bit of a problem because you hesitated and we switched so we lost you. Could you please repeat your question?
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Henry Zoe North Slave
Okay, rather than reading it...It's on page 4, the last paragraph. I would like to ask the Minister why the onus is on the parties to file with the territorial court. Thank you.
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
The Chair Tony Whitford
Thank you, Mr. Zoe. I apologize, it was at my direction that we switched. Mr. Minister.
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Whitehouse
Thank you, Mr. Chairman. The reason the onus is on a party to file the order or decision with the territorial court is because it is up to the parties to enforce that order themselves. It is the same as receiving an order in a civil matter in court. If the party wants to enforce it through the methods that are available, it is up to that party.
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Henry Zoe North Slave
Okay, so the fair practices officer is not going to be enforcing the decision that that person makes. Thank you.
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Whitehouse
Thank you, Mr. Chairman. That's correct. The enforcement provisions will continue as though it was an order of the court, and the procedure for enforcing an order under the court would be the procedure for enforcing an order under this act.
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Henry Zoe North Slave
Mr. Chairman, another question. If the onus is on the party, if I recall right, if you file with the territorial court, there is a fee prescribed. Who is going to pay that fee? Or is there going to be a fee prescribed for filing with the territorial court? Thank you.
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Whitehouse
Thank you, Mr. Chairman. There is no fee prescribed under this act. If there is a fee, it would be according to the rules of the court and that would be paid by the party who would be filing the order.
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Henry Zoe North Slave
Well, I have a problem with that, Mr. Chairman. Let me use a hypothetical situation. Say a decision was made in favour of an employee versus the employer; that means, in order to enforce the order, that employee would have to file with the territorial court to make sure the employer adheres to the order. And, in order for that individual to make the employer adhere to the order, my understanding is there is a substantial fee which has to be paid when you file these things.
I don't feel the onus should be on the poor individual the decision is in favour of. I think in those types of situations, we should make an amendment in the act to waive the fee or make the order from the fair practices officer automatically referred to the territorial court so it is deemed to be an order of the court. Thank you.
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Whitehouse
Thank you, Mr. Chairman. An order of the fair practices officer could address costs of the matter. Those costs are usually the costs that are incurred to that date, they are not pending costs because a person who is the subject of an order may comply with that order without the necessity of filing it with the territorial court so that the person may not have to incur those costs.
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
Henry Zoe North Slave
If the fair practices officer doesn't put it in the terms and conditions of the order then the possibility is there that he may incur a cost for filing that order. That's my question. That's my understanding of the witness saying if the decision of the order...If the fair practices officer doesn't put it into his decision or into the order, then that poor individual whose favour the order was made in would be stuck with some costs if he wants to file it, right? Is that what you said?
Committee Motion 49-12(7): That Government Prepare Human Rights Legislation, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1104
The Chair Tony Whitford
Thank you, Mr. Zoe. I think if the judgement is made in favour of the individual and if there were no provisions for order for payment -- that's the way I understand it -- there would be an additional financial burden on the person who won the order. I think that was what Mr. Zoe was saying. Mr. Minister.