This is page numbers 1109 - 1133 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

Item 10: Petitions
Item 10: Petitions

Page 1127

The Speaker Samuel Gargan

Thank you. Item 10, petitions. Item 11, reports of standing and special committees. Item 12, reports of committees on the review of bills. Mr. Whitford.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

June 4th, 1995

Page 1127

The Speaker Samuel Gargan

Report On Bills 25 And 32

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 1127

Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, I wish to report to the Assembly that the Standing Committee on Legislation has reviewed Bill 25, Education Act, and Bill 32, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, and wish to report that Bills 25 and 32 are now ready for committee of the whole, as amended and reprinted. Thank you, Mr. Speaker.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 1127

The Speaker Samuel Gargan

Thank you. Item 12, reports of committees on the review of bills. Item 13, tabling of documents. Mr. Antoine.

Item 13: Tabling Of Documents
Item 13: Tabling Of Documents

Page 1127

Jim Antoine Nahendeh

Thank you, Mr. Speaker. I would like to table Tabled Document 106-12(7), a motion passed at the Deh Cho constitutional meeting with regard to Bill C-68, gun control legislation. Thank you.

Item 13: Tabling Of Documents
Item 13: Tabling Of Documents

Page 1127

The Speaker Samuel Gargan

Thank you. Item 13, tabling of documents. Mr. Clerk.

Item 13: Tabling Of Documents
Item 13: Tabling Of Documents

Page 1127

Clerk Of The House Mr. David Hamilton

Mr. Speaker, according to Rule 42(10), I wish to table responses to the following petitions: Tabled Document 107-12(7), Petition No.

4-12(7) tabled by Mr. Koe and responded to by the Minister of Education, Culture and Employment.

Tabled Document 108-12(7), Response to Petition No. 7-12(7), tabled by Mr. Dent and responded to by the Minister of Justice;

Tabled Document 109-12(7), Response to Petition No. 8-12(7), tabled by Mr. Whitford and responded to by the Minister of Justice.

Item 13: Tabling Of Documents
Item 13: Tabling Of Documents

Page 1128

The Speaker Samuel Gargan

Thank you. Item 13, tabling of documents. Item 14, notices of motion. Item 15, notices of motions for first reading of bills. Item 16, motions. Item 17, first reading of bills. Item 18, second reading of bills. Item 19, consideration in committee of the whole of bills and other matters: Bill 26, An Act to Amend the Jury Act; Committee Report 2-12(7), Report on the Legislative Action Paper on the Office of Ombudsman for the Northwest Territories; and, Committee Report 5-12(7), Report on the Review of Rewriting the Liquor Laws of the Northwest Territories: A Legislative Action Paper, with Mr. Lewis in the chair.

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

Page 1128

The Chair Brian Lewis

I would like to call committee of the whole to order. Good afternoon. Mr. Dent, what is the wish of the committee?

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

Page 1128

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. Mr. Chairman, I would like to recommend the committee consider the items on the orders paper in the order in which they're listed: Bill 26, Committee Report 2-12(7) and Committee Report 5-12(7).

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

Page 1128

The Chair Brian Lewis

Do all Members agree that that should be the order of business?

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

Page 1128

Some Hon. Members

Agreed.

---Agreed

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

Page 1128

The Chair Brian Lewis

We'll get to it after the break, which I will now call for a few minutes.

---SHORT RECESS

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1128

The Chair Brian Lewis

We're on Bill 26, An Act to Amend the Jury Act. Mr. Minister, do you have any opening comments for us on this act?

Minister's Introductory Remarks

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1128

Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Chairman. Mr. Chairman, I am pleased to present for your consideration An Act to Amend the Jury Act.

This proposed amendment makes more explicit the nature and authority of a jury summons by stating that a person has the right and duty to serve as a juror.

Additionally, this proposed amendment changes the eligible age to serve on a jury from 19 to 18, broadens the category of persons not eligible to serve on a jury to include federal and territorial Department of Justice employees and establishes that summonses may be served using registered mail.

Finally, this proposed amendment removes certain procedural provisions from the act and provides that the sheriff has the responsibility, subject to regulations made under the act, to set procedures for the selection of jurors and the compilation of the jury list.

Thank you, Mr. Chairman. If Members wish or will allow, I would like to invite a couple of witnesses to join me at the witness table when it is the appropriate time. Thank you.

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1128

The Chair Brian Lewis

Thank you, Mr. Kakfwi. At the appropriate time, I will ask Members what they feel about your request. Mr. Whitford, for the Standing Committee on Legislation, do you have a report for us, please?

Standing Committee On Legislation Comments

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1128

Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. The Standing Committee on Legislation has completed its review of Bill 26, An Act to Amend the Jury Act. The committee held public hearings on this bill on Wednesday, April 5, 1995, and on Monday, April 10, 1995, in Yellowknife. The Honourable Stephen Kakfwi, Minister of Justice, appeared to present the bill at the hearing.

During the hearings, the committee indicated general support for most of the changes proposed to the Jury Act in Bill 26. However, the committee was unanimous in its non-support of two proposed amendments. The first dealt with changing the requirement for service of a jury summons, if not in person, to be by certified mail. Certified mail is not an option in the Northwest Territories, and the amendment proposed that service should alternatively be by regular mail. The second amendment not supported by the committee was the proposed increase in the penalty for failure to obey a jury summons from a maximum of $200 to $500.

The committee felt that such an increase would be unfair. It was felt that the combined effect of these two amendments, particularly in small communities where mail service may be unreliable or sporadic, and the subsistence lifestyle which often has residents out on the land for weeks at a time, would place an unnecessary burden on people. In addition, the cost savings envisaged did not seem to justify such measures.

As a result, the committee passed two motions to amend the bill in these two areas. Clause 7 of Bill 26 was amended to stipulate that a summons would be served in person or by registered mail so as to provide an accountability record of receipt. Secondly, clause 9 was amended to do three things: 1) to provide that failure to obey a jury summons is deemed to be an offence liable on summary conviction to a fine; 2) to keep the fine at its present level of not less than $25 and not exceeding $200; and 3) to provide that a person would only be guilty of failure to obey a summons if they had acknowledged that they had received a summons by mail or they had been served in person.

The Standing Committee on Legislation would like to take this opportunity to make a further comment with respect to the Jury Act, Mr. Chairman. In the discussions on Bill 26, committee Members noted that there may be other ways in which the Jury Act could be improved.

The area of concern deals with the selection of the jury panel from the jury list and the procedures by which a panellist can request an exemption. The committee noted that moving the bulk of these procedures into regulation provides an excellent opportunity for the government to review and improve them.

Specifically, it was noted that the list of statutory exemptions from jury service and a description of the process for application to be excused from service should be included in the summons documentation. If this information were provided in the appropriate language, then much of the apprehension surrounding this process, particularly in remote communities, could be eliminated.

Mr. Chairman, that concludes the report of the Standing Committee on Legislation on Bill 26, An Act to Amend the Jury Act. On Monday, April 10, 1995, the committee passed a motion that Bill 26 was ready for consideration in committee of the whole, as amended and reprinted.

That's our report, Mr. Chairman. Thank you.

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1129

The Chair Brian Lewis

Thank you, Mr. Whitford. The Minister has asked to take the witness stand and to bring in witnesses. Does the committee agree?

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1129

Some Hon. Members

Agreed.

---Agreed

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1129

The Chair Brian Lewis

Sergeant-at-Arms, maybe you could help people to the table.

For the record, maybe you could introduce your witnesses for us, please.

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1129

Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Chairman. On my left, Carol Whitehouse, legislative counsel from the Department of Justice; on my right, the coordinator for court services, Department of Justice, Nancy Robert.

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1129

The Chair Brian Lewis

Thank you, Mr. Kakfwi. General comments. Any general comments? There is a request to go through this bill clause by clause. Do Members agree?

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1129

Some Hon. Members

Agreed.

---Agreed

Clause By Clause

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1129

The Chair Brian Lewis

Okay. Turn to page 1 of Bill 26, An Act to Amend the Jury Act. Clause 1.

Bill 26: An Act To Amend The Jury Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1129

Some Hon. Members

Agreed.

---Agreed