This is page numbers 1250 - 1278 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

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Do we have any other general comments from committee Members? Mr. Ballantyne.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Ballantyne Yellowknife North

Thank you, Mr. Chairman. Mr. Chairman, I understand what the Member is attempting to do and I have some sympathy with a couple of the offences she talked about, like drug use and impaired driving. I agree, they're something that perhaps the next Assembly will have to look at. But I think they'll be able to make up their own minds. I find the nature of this motion is very, very general and this could be interpreted to add other offences. But I don't know what those offences are, so I'm a little bit uncomfortable right now supporting this blanket statement. So, I'm going to abstain from this, Mr. Chairman.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. To the motion. Do we have any further general comments? Mr. Allooloo.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Titus Allooloo Amittuq

Mr. Chairman, if I understand the motion correctly, it won't change any part of the bill that is in front of us. It merely recommends that Members of the 13th Legislative Assembly consider making amendments. That's as far as it goes. I wonder if I could ask our legal advisor what this motion means. I'm not a legal person, but it is my understanding that it doesn't change anything in this bill and merely makes a recommendation, and that it would be entirely up to the 13th Assembly to either change or not change Bill 32.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

I am informed that the proposed motion is not going to change the intent of the bill. But perhaps Ms. Stewart will want to expand.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Acting Law Clerk Ms. Stewart

Thank you, Mr. Chairman. You're correct, the motion will not change the content or the intent of the bill, as it stands right now.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. To the motion. Ms. Mike.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Rebecca Mike Baffin Central

Thank you, Mr. Chairman. I support the principle of the bill but I have a question on section 6(2). I support the motion as well. However, I do have a legal question to our legal counsel on 6.2, where a Member is, after his or her election, convicted of an offence under the Criminal Code punishable by summary conviction. Since it doesn't say pertaining to only these two, can that also be used, for instance, if Bill C-68 becomes a law? We have a very large population in the NWT that becomes vulnerable of being convicted under that legislation if it is passed in Parliament.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. I am advised by the Clerk that any legal questions pertaining to a motion are not legally binding. When we actually deal with Bill 32, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, then you can ask a legal question of the legal counsel. Ms. Mike.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Rebecca Mike Baffin Central

Mr. Chairman, it's important that I know the to the motion, sorry.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

In order to clarify what is happening here, I'll ask Ms. Stewart to explain where we are at this point in time.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Acting Law Clerk Ms. Stewart

Thank you, Mr. Chairman. My understanding is that we are in the process of debating the motion. To the extent that the Member's question relates to the motion, Bill C-68 creates largely a number of regulatory offences that will not, of themselves, be offences involving the sexual exploitation of children or in the commission of which violence against a person is used, threatened or attempted. As the bill presently stands, and we've already established that the present motion does not change the bill in this respect, no offence under Bill C-68, if it becomes law, will be included in this bill, except perhaps under subsection 6.2 if the Legislative Assembly wishes to exercise its discretion. However, it is not covered in 6.1.(2).

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, legal counsel. Ms. Mike.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Rebecca Mike Baffin Central

Thank you, Mr. Chairman. When I asked the question, I think I said on 6.2. That's where I do have a problem should Bill C-68 become law.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

I believe you can ask that question at the appropriate time when we are dealing with Bill 32. To the motion. Ms. Mike.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

June 11th, 1995

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Rebecca Mike Baffin Central

Thank you, Mr. Chairman. I think I made it quite clear that I have no problem supporting the motion as is or I can go against it; it entirely depends on the interpretation of what's in the bill because we could deal with this and pass it today if the motion is defeated.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

To the motion.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

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

---Carried

Thank you. Do we have any further general comments on the committee report on Bill 32? Mr. Nerysoo.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Richard Nerysoo Mackenzie Delta

Thank you, Mr. Chairman. As everyone knows, I had an opportunity to speak to the original bill that was introduced by our colleague, the honourable Member for Frame Lake, Mr. Dent. I believe that, in reviewing the comments that had been made in this Assembly and recognizing some major concerns that had been raised by Members and the positions that had been taken, and having read the report of the Standing Committee on Legislation, I must, Mr. Chairman, commend the honourable Member for responding to the concerns that were expressed and therefore considering them, I think, seriously and in the context that they were presented.

I want to say, Mr. Chairman, that having reviewed the legislation and taken the matter to my Cabinet colleagues and having had a discussion with them, I want to advise the honourable Members that we will be supporting the legislation that has been proposed by our colleagues --and the amendment is appropriate --and the recommendations and suggestions made in the discussions of the Standing Committee on Legislation.

I would like to raise two issues irrespective of whether or not we believe the legislation is important. One, the comments that have been made about the seriousness of the violations of the Criminal Code in the matter of sexual interference. I think these are of a serious nature and we would never want to underestimate them, nor the seriousness of them. I do want to say one thing and that is that the same matter of concern we're raising with regard to those that have been offended should always also be seen in the context of those rights that are also offered under the Charter; that is, that there are certain defences, the fight to be innocent until proven guilty and the right of a defence to prove that the charges that have been alleged or stated may not, in fact, be proven to be truthful.

Recognizing that and recognizing the seriousness of the efforts of the honourable Member for Yellowknife Frame Lake and the recommended legislative change, we are prepared to support the recommendations of the honourable Member.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Do we agree that Committee Report 10-12(7), Report on Bill 32: An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, is concluded?

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Qujannamiik. Now we will deal with Bill 32, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2. Mr. Dent, do you have any opening remarks?

Mr. Dent's Introductory Remarks

Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Mr. Chairman, I think that most of the comments have been made during the debate on second reading but maybe just to recap where we are. I brought this bill forward as a follow-up to our zero tolerance declaration of February 1994. I think that more and more we're hearing from our constituents that politicians must lead by example. As others have said, this bill will take us one step further along that road. It's clear that the Legislative Assembly has the inherent right to discipline its Members. This bill simply codifies one form of discipline in some circumstances or situations.

A number of Members have pointed out that Bill 32 does not deal with all situations; it only serves to enforce the declaration of zero tolerance to violence. Some have suggested that this is a weakness but I would say to Members that let's not forget, as Ms. Mike eloquently pointed out on June 7th, violence and family violence in particular, is a major problem in our northern society. It is probably one of the most serious problems we face. So, it is important that MLAs set high standards and live up to the ideal that we adopted in our declaration of zero tolerance for violence. Should we do more? Yes, I think the motion just brought forward by the Member for Thebacha will help provide that guidance to the next Legislature. Yes, I think more should be done.

I think most Members got copies of the facilitator books for a program called "From Dark to Light." I was interested in reading in the forward of that book a letter from the Premier, as the Minister responsible for the Status of Women. She points out that Members of this Assembly have committed themselves to zero tolerance for violence. She points out there that this is a noble goal, but goals must be accompanied by action.

---Applause

Mr. Chairman, this Bill 32 is about action on zero tolerance to violence. Unfortunately, too many people are still in denial about the problem, too willing to tolerate violence by pretending it is something that is merely personal, a minor social problem. We have, as MLAs, all said that we won't tolerate violence by adopting the zero tolerance declaration. Now we need to stand up and show that we aren't just talking, that we'll walk the walk when it comes to tolerating violence. Thank you, Mr. Chairman.

Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Before I open the floor for general comments or go clause by clause, I would like to ask the Member for Yellowknile Frame Lake if he wants to bring in a witness.