Debates of June 13th, 1995
This is page numbers 1279 - 1309 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 education.
Topics
- Members Present
- Item 1: Prayer
- Minister's Statement 90-12(7): Norman Wells Fire
- Third Reading Of Bill C-68
- Position Of NWT Mps On Bill C-68
- Preparation Of Nwt-wide Organizations For Division
- Snare River Hydro Project
- Opening Of Regional Visitors' Centre In Inuvik
- Member's Statement Regarding On-the-land Safety Practices
- Successful Trip Of Ed&t Minister To Nahendeh
- Sister Sutherland's Book On Bishop Piche
- Western Arctic Regional Visitors' Centre In Inuvik
- Retirement Of Teacher Jean Paul Grimard
- Passage Of Bill C-68
- Item 5: Recognition Of Visitors In The Gallery
- Item 4: Returns To Oral Questions
- Question 586-12(7): Maintenance Of Ingraham Trail
- Question 587-12(7): Update On Motion Re Official Languages
- Question 588-12(7): Responsibility For Reviewing Allocation Of Languages Funding
- Question 589-12(7): Number Of GNWT Lay-offs Due To Language Funding Cuts
- Question 590-12(7): Update On Legal Interpreting Program
- Question 591-12(7): Notification Of Licence Plate Renewals
- Question 592-12(7): Consultation For Development Of Official Languages Handbook
- Question 593-12(7): Projects Approved Under Canada/nwt Infrastructure Program
- Question 594-12(7): Status Of NWT Caterpillar Infestation
- Question 595-12(7): Appointment Of Adm For Nunavut Education Issues
- Question 596-12(7): Funding From Aurora College For New Fort Smith Recreation Complex
- Question 597-12(7): Status Of Health And Social Services Amalgamation
- Question 598-12(7): Reassignment Of Official Languages Responsibilities
- Written Question 31-12(7): Funds Transferred From The Inuktitut Literacy Training Program
- Item 13: Tabling Of Documents
- Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
- Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
- Committee Report 11-12(7): Report On The Review Of Bill 25 - The Education Act
- Committee Motion 62-12(7): To Adopt Recommendation 1, Carried
- Committee Motion 63-12(7): To Adopt Recommendation 2, Carried
- Committee Motion 64-12(7): To Adopt Recommendation 3, Carried
- Committee Motion 65-12(7): To Adopt Recommendation 4, Carried
- Committee Motion 66-12(7): To Adopt Recommendation 5, Carried
- Bill 25: Education Act
- Item 20: Report Of Committee Of The Whole
- Item 22: Orders Of The Day
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Charles Dent Yellowknife Frame Lake
Mr. Chairman, I would like to recommend that we deal first with Bill 32, followed by Committee Report 11-12(7) and then Bill 25.
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
---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 Tony Whitford
Thank you. The order will be as stated by Mr. Dent, after a short break.
---SHORT RECESS
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 Tony Whitford
The committee will come back to order. The sponsor of the bill is here, Mr. Dent. When we concluded, we were dealing with clause 2 of the bill. Mr. Dent, do you wish to take the witness table?
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 Yellowknife Frame Lake
Yes, Mr. Chairman, I would like to have legal counsel available.
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The Chair Tony Whitford
Okay, we will see if we can provide that for you. Mr. Dent, you may take the witness table, seat, area, dock, all those other nouns.
Mr. Dent, would you be so kind as to introduce your witness to the committee?
Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
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Charles Dent Yellowknife Frame Lake
Thank you, Mr. Chairman. With me today is Ms. Sheila MacPherson, who is Law Clerk of the Assembly.
Clause By Clause
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 Tony Whitford
Was. Thank you, Mr. Dent. It's good to see you again, Ms. MacPherson. Clause 2. The chair recognizes the Member for Thebacha, Mrs. Marie-Jewell.
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Jeannie Marie-Jewell Thebacha
Thank you, Mr. Chairman. Just to follow up on some of the comments from yesterday's discussion, I would like to know whether it's possible for Mr. Dent to clarify and be specific with regard to giving explanations or, possibly, examples with respect to the definition in his bill of "attempted" and the definition of "threatened" in clause 2.(b). Thank you.
Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
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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 Yellowknife Frame Lake
Thank you, Mr. Chairman. I believe the Member for Thebacha is asking for a legal definition so I would ask if Ms. MacPherson could answer.
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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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Macpherson
Thank you, Mr. Chairman. With respect to the issue of "attempt," the law focuses on looking at whether there is an action by a person which could reasonably be interpreted as indicating an intention to assault somebody else, an action which an ordinary person might reasonably construe as indicating an intention to carry through with an assault. For example, if a person were to strike at another person but miss them because they lost their footing, that would be an attempted assault because it is reasonable to assume that, but for the fact that they lost their footing, they would have carried out the assault.
Whereas if a person were behind bars, for example, and made a threatening gesture to another person, because they are behind bars, it is not reasonable to assume that they would have the means to carry out their assault so that would not be an assault. There has to be an element of reasonableness. The ordinary person has to reasonably construe that there is an intention to assault and the ability to carry through with that assault, for there to be an attempted assault.
In terms of threats, threats usually involve a situation where there isn't a physical action, but just the use of words threatening violence. Again, the issue is would the reasonable person have construed the words as being threatened. Whether a statement constitutes a threat would depend on what the words were, the context in which the statements were made, and the likely impact of the words on the recipient. Certain words might be more accepted in one context than in another context. So in terms of determining whether a statement is a threatening statement, the court will examine all of those different factors. I hope that assists the committee, Mr. Chairman.
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