Thank you, Mr. Speaker. Mr. Speaker, I would like to make a return to the honourable Mr. Erasmus with regard to legislation prohibiting consumption of alcohol by pregnant women. The question he asked was on May 2nd.
Mr. Speaker, on July 23, 1994, the Denendeh National Assembly at Lutsel K'e passed a resolution which proposed amending the NWT Liquor Act to: "Make it illegal for pregnant women to knowingly consume alcohol."
It should be noted that a similar recommendation, calling on the Government of the Northwest Territories to make it illegal for licensed premises and liquor stores to sell alcohol beverages to pregnant women, had been received earlier in the liquor law review from the NWT Status of Women Council and was supported by the Native Women's Association. The Status of Women Council later retracted this recommendation.
The concept that new liquor legislation should provide limitations on the sale of liquor to, or consumption of liquor by, pregnant women received considerable attention in the media and stimulated further discussion during public meetings and community gatherings held as part of the liquor law review. Feedback was also received through a survey questionnaire that was distributed to mailbox and post office locations in NWT communities. Opinions supporting the concept were received from some survey respondents, from a minority of participants in public meetings, and from staff in several licensed premises. However, far more northerners expressed opposition to the idea and identified a number of enforcement, health policy and legal difficulties.
It was noted, for instance, that enforcement of any provisions which attempted to prohibit the sale to, purchase by and/or consumption of liquor by pregnant women would be very difficult. Such legislation would place an onus on managers or servers in licensed establishments to recognize female patrons who were in various stages of pregnancy. Questions were raised as to the effectiveness of penalties that could be legislated in the event that these prohibitions were included in a new Liquor Act.
Further, there are risks that such restrictions could create unintended harm to the health of expectant mothers. For some, this legislation might encourage a more secretive pattern of alcohol use, or the substitution of other intoxicants. There is also a risk that women struggling with alcohol dependency during their pregnancy might be inclined to avoid seeing their physicians or nurses for prenatal care, simply because they believe there could be legal consequences for liquor use. Some people told the liquor law review that such restrictions could send a message which "scapegoated" women, although it was recognized that this had never been the intent of the original resolution.
As well, there are strong possibilities that a constitutional challenge could be mounted against a Liquor Act provision which attempted to prohibit pregnant women from buying, possessing or being served alcohol. It is very possible that liquor legislation which resulted in a denial of services or access to services provided under the control of the government would not be recognized by the courts.
Officials working with the liquor law review analyzed the Dene Nation resolution and similar recommendations carefully and with respect for the serious manner in which they had been made. After considerable review, however, it became clear that the difficulties associated with the proposal were sufficient to prevent its further consideration. The conclusion was that this is a problem which is not going to be solved by enacting new legislation.
Accordingly, I have instructed the department not to include any sort of liquor restrictions specific to pregnant women in the legislative proposal that is now being finalized for Cabinet consideration.
Solutions lie in increased community understanding and in workable educational and community support interventions. We believe that broader communication of the risks associated with excessive or irresponsible alcohol consumption is vital if we are going to address many of the health and social problems which plague northern communities. This is why the NWT Liquor Commission attaches health warning labels to alcohol beverage containers and is a full participant in national awareness campaigns. It is also a reason why the Government of the Northwest Territories will be sending a delegation to the House of Commons this week to appear as witnesses during public hearings on Bill C-222 which, if enacted, would make health warning labels mandatory on liquor containers sold elsewhere in Canada. Mahsi, Mr. Speaker.