Mr. Chairman, the operative word in that clause that the Member has been looking at is "may;" that any party affected by the decision or order may file with the clerk of the Territorial Court. Or the case is that once an order is made, the offending party or whatever may comply without it being necessary to file with the Territorial Court. However, where there is some begrudging hesitancy to comply, then you would find it necessary to use the courts to encourage compliance. It's likely that in such a case there would be some requirement to ensure that costs incurred by the offended party should be reimbursed by someone, probably the offending party.
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 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
Henry Zoe North Slave
Mr. Chairman, I understand that the order or the decision of the fair practices officer may be filed. I am more interested in if it's individuals that decisions are made in favour of.
Now, in some cases, the employer may -- I'll use the Minister's words -- comply with the order, and it may not be necessary to file it with the Territorial Court because the employer is already adhering to the decision.
But there may be some cases where one would not comply with the order. Now, in order for the individual to make the employer comply, he or she would have to file with the Territorial Court, and once he does that he's going to incur costs. So I am saying that it's going to create hardship for this individual because this employer is not complying and there may be time delays.
So I am suggesting, why make this poor individual go through all that? Why don't we just make the fair practices officer file automatically with the Territorial Court? That's what I am suggesting, but that's not the way it's written in this particular clause. 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 1105
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 1105
Stephen Kakfwi Sahtu
Mr. Chairman, does the Member want someone else to take responsibility for the financial part of the initiative, and if so, who should it be?
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 1105
The Chair Tony Whitford
Thank you. Oh, I am sorry. Mr. Minister wasn't finished his comments. 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 1105
Stephen Kakfwi Sahtu
Yes, I was just seeking some clarification if the Member is suggesting that someone else should be responsible for the costs incurred by a party who is seeking restitution or who had a grievance under this action; and, if it should be, which party should it be that takes responsibility? 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 1105
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 1105
Henry Zoe North Slave
Mr. Chairman, in that scenario that I described, number one, I don't want to create hardships on the individual who the decision is in favour of, but in order to make the other party adhere to the order, once you have filed there is going to be a cost incurred. Now who is going to pay for that cost? What I am suggesting is that if either party files, maybe we should waive the fees and state it somewhere in our legislation so that they don't incur any costs. Currently, if you file something in the court, you have to pay for it. You have to incur costs. It's a fee that I think ranges from -- I am not too sure off the top of my head if it's $100 or $50. I am not sure.
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 1105
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 1105
Stephen Kakfwi Sahtu
Mr. Chairman, we will look at the rules of court, the regulations that govern that to see if we can make some changes to waive the fees in a case like this, or at least to look at perhaps ensuring that the people who have to initiate these types of actions are not incurring the 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 1105
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 1105
Some Hon. Members
Agreed.
---Agreed
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 1105
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 1105
Some Hon. Members
Agreed.
---Agreed
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 1105
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 1105
Some Hon. Members
Agreed.
---Agreed
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 1105
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 1105
Some Hon. Members
Agreed.
---Agreed
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 1105
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 1105
Some Hon. Members
Agreed.
---Agreed
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 1105
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 1105
Some Hon. Members
Agreed.
---Agreed
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 1105
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 1105
Some Hon. Members
Agreed.
---Agreed