This is page numbers 1529 - 1555 of the Hansard for the 13th Assembly, 4th 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 support.

Committee Motion 96-13(4): Motion To Amend Clause 1 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Law Clerk Ms. Macpherson

Thank you, Madam Chair. With reference to the division of property required by a couple in a same sex relationship, it is possible for one of the people in a same sex relationship to apply for a division of property based on constructive trust principles, based on principles that do already exist in law. It is a more complicated than the procedure set forth in the Family Law Act. There are remedies available for the division of property presently in civil law if one can establish that there was contribution made by the person to the acquisition of the asset.

With reference to spousal support, there are no remedies to people in same sex relationships. In order for the court to order spousal support, there must be a right to receive spousal support, and there is presently no legal right to receive spousal support in the same sex relationship. I hope that assists the Member and the House, Madam Chair.

Committee Motion 96-13(4): Motion To Amend Clause 1 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Ms. MacPherson. Mr. Steen.

Committee Motion 96-13(4): Motion To Amend Clause 1 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Vince Steen

Vince Steen Nunakput

Thank you, Madam Chair. And thank you to our legal advisor for that explanation. Madam Chair, I have one other point to make here that would disturb me to some degree. It suggests in the amendment or the motion that whoever cohabited with another person of the same gender for a period of two years. Now Madam Chair, this has, to me, to open up the door for people who have lived together with no sexual activity at all. This seems to allow them, for one of those particular people to claim sexual activity and therefore, claim property rights under this particular law. I would be very cautious about proposing this amendment. I, for one, am not in favour of this amendment. Thank you, Madam Chair.

Committee Motion 96-13(4): Motion To Amend Clause 1 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Steen. Did you have a further question? No? There is no question? Okay. Thank you. At this time on my list I have Mr. Enuaraq, Mr. Miltenberger, Mr. Picco. Mr. Enuaraq.

Committee Motion 96-13(4): Motion To Amend Clause 1 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tommy Enuaraq Baffin Central

Thank you, Madam Chair. At this time I will not be speaking to the motion, but after other Members have a chance to speak to the motion, I will also be requesting a recorded vote. Thank you.

Committee Motion 96-13(4): Motion To Amend Clause 1 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Enuaraq. That request has been noted. I have Mr. Miltenberger.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

October 9th, 1997

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Madam Chair. Just before I begin my remarks, I would like to ask that we agree to extend sitting hours to conclude this clause, since it may go past two o'clock.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Is the committee agreed to extend sitting hours to conclude this clause? Consideration of this clause? This motion. Thank you. Agreed. To the motion. The motion is in order. It is not debatable. All those in favour of the motion? Those opposed?

The motion is carried. Thank you, Mr. Miltenberger. Please continue.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Madam Chair. Madam Chair, in my mind this motion is about rights and obligations, the right of two adults to start or end a relationship. The obligation to share the spoils of that relationship and the obligation to acknowledge the penances arising from the relationship. I do not see the motion as encouraging same sex relationships. It does recognize, however, when two people live together, dependencies can develop and that both contribute to the relationship.

It also seems to be an issue of benefits. Two people contribute over time in their own way and this Act provides a way to divide the contribution fairly, very similar to splitting a small business. This Act gives rules to guide the split. In my mind, this amendment would also protect partners in an unequal relationship, dealing with things like power, knowledge of the law, and education levels which can be different between partners.

Madam Chair, if you look at the legal trends across the country where there is an issue in dividing or providing quality and benefits, most legal cases includes reference to same sex. My sense is that, if we do not recognize this now, with this legislation that has been the works for 10 years, that we will soon be forced to do so in the courts, which as we all know with other circumstances we are involved in, is an extremely costly and adversarial process.

Madam Chair, once again, to me this is not an issue of condoning, condemning or approving same sex relationships. It just recognizes that all long-term couples should have the same obligation to equitably share property. It forces couples to face their responsibilities. It does not let them rely on society to pick up the pieces.

Madam Chair, I will support on principle that people should fulfil these responsibilities and obligations. I will be supporting the motion. Thank you.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Miltenberger. To the motion. Mr. Picco.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Edward Picco Iqaluit

Thank you, Madam Chair. Madam Chair, with the family law legislation before us, one of the most significant changes will be made to the legal status of common-law couples. The bills will give heterosexual common-law couples virtually the same rights as married couples. Heterosexual common-law couples will have the right to negotiate and enter into legally binding prenuptial and separation agreements. Heterosexual common-law partners will also have the right to look to the courts to seek a division of properties, spousal and child support. I see this as a human rights issue.

I do not want to wade into an issue that attacks a lifestyle choice. The division of property based on cohabitation has been made in other jurisdictions. At one time, living without the benefit of marriage, was considered a sin. Few people today would voice the same concerns about common-law couples. Times changed and attitudes changed. Allowing for spousal support, divisions of assets are all fundamental rights. As legislators, we are charged to enact legislation, laws, and bills that will benefit all walks of life, all colours, backgrounds, creeds, and religions. That is what the amendment is allowing. It is a fundamental human right to be treated equally and fairly. It is not for me to decide which lifestyle of choice is correct. I am not elected to judge people. This legislation is to give equal rights as the Canadian Constitution outlines, and I will be voting in support of the amendment. Thank you, Madam Chairperson.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Picco. To the motion. Mr. Ootes.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jake Ootes

Jake Ootes Yellowknife Centre

Thank you, Madam Chair. I have a question for the law clerk. I wonder if I could get a definition of the word cohabit?

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Ootes. Ms. MacPherson.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Law Clerk Ms. Macpherson

Thank you, Madam Chair. This Act contains a definition of cohabit, and cohabit means to live together in a conjugal relationship whether within or outside marriage. I hope that assists the Member.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Ms. MacPherson. Mr. Ootes.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jake Ootes

Jake Ootes Yellowknife Centre

Thank you.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

To the motion. Mr. Erasmus.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roy Erasmus Yellowknife North

Madam Chair, when I campaigned for office, I indicated that I was not making any promises, but when I looked at an issue, I would look at both sides of the equation and that I would use fairness, equity and compassion in my decisions. That is what I am trying to do today, trying to treat people fairly, compassionately, and equitably.

Having studied the law, I know if we passed this law without the amendment, we will find ourselves in court and it will be expensive. I think it would be best not to put ourselves in that type of a situation. I have been told that by putting forward this amendment, it would likely mean that I would not be re-elected. I have heard Members being told that if we pass this, we would not be re-elected.

I am not here to worry about everything I do and whether I am going to be re-elected or not. I think we are here to try to be fair and equitable in our decisions and in the laws that we pass. It is simply not fair to not extend this right to everybody. The rights of division of property and spousal support are only extended to part of the population. As I said, I believe that it is against the constitution. We will be challenged and it will be expensive. On a final note, Madam Chair, I would like to express my disappointment with the Members who suddenly found pressing business outside this House today, but who were here all week. I would also like to ask for a recorded vote. Thank you.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Erasmus. To the motion. Question is being called for the

purpose of the recorded vote. All those in favour? I do apologize for the delay. Just a small procedural matter. We needed to have two clerks at the table. All those in favour of the motion please signify by standing.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Clerk Of The House Mr. David Hamilton

Mr. Erasmus, Mr. Dent, Mr. Picco, Mr. Miltenberger and Mr. Ootes.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you. Those opposed please stand.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Clerk Of The House Mr. David Hamilton

Ms. Thompson, Mr. Antoine, Mr. Morin, Mr. Todd, Mr. Arlooktoo, Mr. Steen, Mr. Ningark, Mr. Barnabas, Mr. Enuaraq and Mr. Roland.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Those abstaining.

Committee Motion 97-13(4): Motion To Extend Sitting Hours To Conclude Item Under Consideration: Cm 96-13(4)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Clerk Of The House Mr. David Hamilton

Mr. Ng and Mr. Rabesca.