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

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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The Chair Tony Whitford

Does the committee agree?

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.

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

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
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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.

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

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The Chair Tony Whitford

Thank you, Mrs. Marie-Jewell. Mr. Dent.

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.

Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
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The Chair Tony Whitford

Thank you, Mr. Dent. Ms. MacPherson.

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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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The Chair Tony Whitford

Thank you, Ms. MacPherson. Clause 2. Mrs. Marie-Jewell.