This is page numbers 1471 - 1524 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 ---agreed.

Topics

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Thank you. Clause 107.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

Some Hon. Members

Agreed.

---Agreed

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Clause 108.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

Some Hon. Members

Agreed.

---Agreed

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Thank you. Clause 109.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

Some Hon. Members

Agreed.

---Agreed

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Clause 110.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

Some Hon. Members

Agreed.

---Agreed

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Clause 111.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

Some Hon. Members

Agreed.

---Agreed

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Thank you. Clause 112.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

Some Hon. Members

Agreed.

---Agreed

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Thank you. Clause 113. The chair recognizes Mr. Koe.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

Fred Koe Inuvik

Under 113, "in terms of Investigation," what are the rights of the public -- or the electorate, in this case -- who voted for a trustee, then the Minister now dissolves the education body but the public are the ones who elected the body. I'm just curious what the rights are of the electorate.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Thank you, Mr. Koe. Mr. Minister.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

Richard Nerysoo Mackenzie Delta

I'm just trying to think here because there are two aspects that we have to consider; one to deal with the matter of investigation where previously the Minister did not have the ability to carry out investigations, which was necessary or which was shown to be necessary in certain circumstances so that we may determine whether or not there is a need to dissolve a divisional education council. Having said that, obviously the investigation would identity the issues, the problems and who might be responsible or what would be the basis for the concerns being raised, and the remedy as well. It gives us the option first, to move to dissolution.

There's a bit of a problem, though, because you have to understand that the divisional board, itself, is really a representative group of the division and you can't really say they are elected on a regional basis; they are selected by the districts. So, while they are representing the communities, they are not elected on a regional basis. The other thing is, the investigation would also include input from the community, which was not there previously.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Koe.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

Fred Koe Inuvik

I have no problem with that. I would just clarify that I'm referring to section 113.(2), "suspend the powers of an education body or dissolve an education body. An education body could be a DEA, which is made up of elected people. That's why I'm asking about the rights of the people who elected the trustees to the DEA. If the Minister says you are no longer an official education body and I'm going to appoint a trustee to take over, there must be some obligation to the electorate in the community who elected those people. I'm just trying to get some clarification.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1517

The Chair

The Chair Tony Whitford

Thank you, Mr. Koe. Mr. Minister.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

June 21st, 1995

Page 1517

Richard Nerysoo Mackenzie Delta

Thank you. I understand the question now. What this allows the Minister to do is to ensure that the education body is carrying out its public responsibility and, in some instances, they may not be doing that. The communities may determine that the people are doing the right thing, but the investigation may reveal that that is not, in fact, the case. The information has to be made available to the community so they can make that determination, where it is in the interest of the community to receive that information. There are situations where other factors could come into play -- where there is legal action, etcetera -- and we would have to be concerned about that.

The other thing is, even if the Minister were to dissolve the education body, it would really be up to the electors to make their own decision after a Minister takes action with regard to those seeking re-election. It is really no different, I think, from the municipal election process and the investigation and dissolving powers in that legislation. That's the basis on which we're dealing with this. Unfortunately, our experiences as an Assembly have shown that there are circumstances where we have to use this type of power. It's the matter of the protection of the public interest. We're also ensuring that public funds are spent properly.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1518

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. Mr. Koe.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1518

Fred Koe Inuvik

I wish to ensure somewhere, though, that there is a responsibility for all parties to consult with each other. There is obviously going to be consultation within the community, consultation with the trustees, and it's not going to be a situation where one walks in and shuts everything down. I know there are a lot of things leading up to an investigation and things following an investigation. But I just want to make sure that there will be provisions for proper consultation and the district is well aware of any incidents or investigations are taking place.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1518

The Chair

The Chair Tony Whitford

Thank you, Mr. Koe. Mr. Minister.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1518

Richard Nerysoo Mackenzie Delta

Thank you, Mr. Chairman. I certainly concur with the honourable Member. I think if we read the clause in total, it indicates that now a Minister has the ability to investigate, which we didn't have previously. The investigations, which include consultations with trustees, the community and those involved, will determine whether the education body is exercising it's powers as defined in this act. Part of that includes the responsibility for managing resources, people, structure and programs. We would make sure that is clearly the case and I think the legislation is clear that there are some investigations that need to be done prior to those decisions being made. Part of the regulations may clarify what the roles and processes are, as well.

Committee Motion 89-12(7): To Amend Clause 103 Of Bill 25, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1518

The Chair

The Chair Tony Whitford

Thank you, Mr. Minister. The chair now recognizes Mr. Antoine.