This is page numbers 1491 - 1527 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 child.

Topics

Committee Motion 94-13(4): Motion To Add A Preamble To Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. The preamble can be used to assist the courts in interpreting the legislation. For example, the preamble stresses the importance that different cultural values and practices have to be respected. When interpreting every provision of this Act, the courts could look to the preamble as being reflective of the values and the importance of the Assembly placed on that particular value. So, it is used as a guide to interpret the rest of the legislation, Mr. Chairman.

Committee Motion 94-13(4): Motion To Add A Preamble To Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. If there is a further need to explain why the committee wanted a preamble to the bill, perhaps any member of the Committee on Social Programs could explain the motion. Question has been called. All those in favour? Opposed? The motion is carried. Does the committee agree that Bill 4, is ready for third reading as amended? Thank you. Bill 4, is now ready for third reading as amended. I would like to thank the honourable Minister and the witnesses for appearing before the committee. Thank you. What is the wish of the committee? Mr. Ootes.

Committee Motion 94-13(4): Motion To Add A Preamble To Bill 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, Mr. Chairman. That we proceed with Bill 5, the Adoption Act.

Committee Motion 94-13(4): Motion To Add A Preamble To Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

The Chairman of the Committee Members' Caucus is suggesting that we deal with Bill 5. Do we have agreement within committee? Thank you. We shall proceed with Bill 5. I believe the lead Minister in this case is Mr. Kevin Ng. Do you have any opening remarks?

Committee Motion 94-13(4): Motion To Add A Preamble To Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. Bill 5, the Adoption Act, is one of the Legislative initiatives coming out of the work of the Family Law Review Committee in the year 1990's. The Standing Committee on Social Programs has provided several recommendations arising from recently held public hearings on this bill. The Department of Health and Social Services has been working to incorporate these recommendations. One of the recommendations dealt with the structure of the bill. Committee members felt that it was difficult to follow the different processes for private and departmental adoptions. I agreed to address these concerns. This involves a redrafting of the bill. In the interest of getting the best legislation possible, I have agreed to undertake the redraft. I understand that the Standing Committee supports this approach. A newly drafted bill will address the structural concerns as well as other issues raised in the public hearings undertaken by the Standing Committee. I look forward to discussing a new Adoption Act in the future, Mr. Chairman. Thank you.

Committee Motion 94-13(4): Motion To Add A Preamble To Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Minister. We will use the usual processes that we have the remarks from the Standing Committee on Social Programs. Mr. Roland.

Committee Motion 94-13(4): Motion To Add A Preamble To Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Floyd Roland

Floyd Roland Inuvik

Thank you, Mr. Chairman. One of the concerns of the Adoption Act was the order of the different sections. During the public hearings, we heard that it was difficult to determine what sections apply to private adoption versus departmental adoptions. Addressing this concern requires a major reformatting of the bill for that reason. The Minister agreed to table a new version of the Adoption Act. The original version would be allowed to die on the order paper. In the new version of the Adoption Act, the committee expects to see changes to reflect the issues raised during the public hearings. This includes the following points. In determining the vast interests of a child, child and parental preference should be considered. A mother should be required to identify the father of the child if she knows who it is. While we recognize the mother's right to privacy, it is our opinion that the right of a child to be aware of his background overrides the right to privacy of the mother.

Section 14 backs to restrict financial assistance for adoptive parents to those with special needs identified prior to the adoption. We acknowledge the Minister's concern about liability. However, there must be some flexibility to address congenital problems which surface after the adoption. This would be consistent with the intent of the section.

Section 14(4) allows the department to change the amount paid to adoptive parents. We would like to see a process available for parents who want to dispute a decision to change financial support.

In determining preference of an adoptive placement, we would like to see preference given, not just to the grandparents, but to members of the extended family, including siblings, aunts and uncles. For private adoptions there should be a requirement for adoptive parents to attempt to have a pre-placement report done prior to accepting a child, whether a child is adopted through a private or departmental placement. There should still be that initial check on the home.

For out-of-territory adoptions, all aboriginal groups need to have the opportunity for input. The original bill only covered Dene chiefs. We would also like the bill to allow more pro-active involvement in out-of-territory births, where the Director revokes consent for departmental adoptions. Written reasons should be provided.

Section 27 deals with a parent revoking consent. We were concerned about a case where, for example, the mother has physical custody of the child before the adoption, but the father revokes the consent. The placement of the child needs to be clarified in a timely way which protects the best interest of the child. When a child revokes his consent to an adoption, we would like a mandatory requirement for investigation.

Adopted children and biological parents should be able to readily access adoption information. The Minister has agreed to take further steps toward open adoptions. This will include eliminating the distinction between identifying and non-identifying information. Many people said that although, legally, a biological parent ceases to be a parent with adoption, they thought that bond was still important. We think this should be addressed in the preamble.

In keeping with the intent of providing complete information through the adoption registry, the bill should allow other interested parties to have information placed on the registry. Thank you, Mr. Chairman.

Committee Motion 94-13(4): Motion To Add A Preamble To Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Roland.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1519

Floyd Roland

Floyd Roland Inuvik

Mr. Chairman, I move that this committee defer consideration of Bill 5 at this time.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. I am informed the motion is not debatable. The motion to defer the consideration of this Bill 5, is in order. We do not have a quorum. Ring the bell. Thank you. There is a motion to defer the consideration of Bill 5, the Adoption Act. The motion is in order and is not debatable. All those in favour? All those opposed? Motion is carried. Bill 5, the Adoption Act is deferred, at this time. What is the wish of the committee? Mr. Ootes.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
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, Mr. Chairman. We should proceed with Minister's statement 110-13(4) concurrently at the same time as Tabled Document 108-13(4), Creation of Two New Territories, Transition Action Plan.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Ootes is recommending that we deal with Minister's Statement 110-13(4), Transitional Action Plan and Tabled Document 108-13(4), Creation of Two New Territories, Transition Action and Plan. Do we concur? Agreed? Thank you. I do not know the process, if Mr. Todd wishes to begin, then we will start with Mr. Todd, who is the Minister in question, who made the Minister's Statement. Mr. Todd.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Todd Keewatin Central

Thank you, Mr. Chairman. If it is all right with everyone, I would like to go to the witness stand and ask Mr. Voytilla if he would like to join me, just in case there are any technical questions asked although, I feel that I am knowledgeable of this document, as we helped write it. If it is all right with you, Mr. Chairman I would like to go to the witness stand.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Todd. It is not okay with me, but if it is the wish of the committee, is there agreement with Mr. Todd? Proceed, Mr. Todd. You have indicated you want Mr. Voytilla. Now or later on? Mr. Todd.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Todd Keewatin Central

Mr. Chairman. Mr. Voytilla will be here momentarily. In the meantime, if there are any general questions or discussions that my colleagues would like to ask on the Creation of Two New Territories, I would be only to happy to answer them. I would like to perhaps, make a few opening comments, very brief ones. I think it fundamentally illustrates why we did this and the reason for doing this report. It is important to advise everybody that we did this report for advice for the Interim Commissioner. If he chooses to accept some of it, all of it or any of it, that is his mandate. We did it for the federal government, so we could demonstrate to the federal government, the magnitude of the shortfall on the

transitional side of funding that was not in place in the original Cabinet submission of $150 million in March of 1996.

For this government, we did it, if you want, as a call to action. There is a need to move forward and to move quickly. Where this report will go from here really is going to be a creature of the Interim Commissioner.

We are hoping that the Interim Commissioner will now take it upon himself to call a meeting of all the officials, federal government, territorial, western coalition and his own, to see if we can come to an agreement on what we think we should do and what we should not do, so we can start initiating discussions based on the commitment made by Ms. Stewart with respect to the shortfall of transition costs and more importantly, to start to get the job done. So, Mr. Speaker, now we have my right hand man, Mr. Lew Voytilla, with us today. We would be only to happy to answer any general or technical questions that the Legislative Assembly may have, on this very important document, the Creation of Two New Territories. Thank you.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Welcome to the committee, Mr. Voytilla. General comments. Mr. Steen.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Vince Steen

Vince Steen Nunakput

Thank you, Mr. Chairman. Mr. Chairman, I move that we report progress.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. There is a motion on the floor to report progress and the motion is not debatable. All those in favour? Opposed? The motion is defeated.

Thank you. When it is time to vote, sometimes it is really hard for the chair to count the numbers of hands, especially when your hand goes up and down changing your mind. Next time, recognize the chair. We do have a tough job trying to please everyone. Thank you.

We are proceeding with Minister's Statement, Transitional Action Plan and the Creation of Two New Territories, Transition Action Plan. General comments from the floor. Mr. Ootes.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
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, Mr. Chairman. I would like to make some general comments, which I would like to put into question form later on, but they really relate to the document in terms of two areas. One is the transitional costs which this document has been very good to identify what that may be and the importance of us to address that question because it was originally, as we all understood, throughout the process that the federal government would pick up the transitional costs and the incremental costs, at least that was my understanding. So that is an area of tremendous concern to all of us because without that being covered then the territorial government, this particular government, is picking up those costs and it results in program areas being cut in order to pay for that.

The second area of concern that I have, and I have some questions on that with respect to clarification, is the effect on Yellowknife because of the creation of the two territories, and again this document deals with staffing size and how it will effect office areas. But interestingly enough, the document does refer to the fact that the establishment of the ability to operate departments in Nunavut is behind; and therefore, there needs to be contracting of services and presumably the west can fulfil those needs and that we need to address in turn here because Yellowknife may be losing staff and we have to ensure that adequate staff is maintained to provide those services. The other is that ,I think, it is important to point out for the public that there is a training program, and there are many training positions being established, some of which are established in Yellowknife until the availability is made in Nunavut for the positions to be located there. So those are the areas, Mr. Chairman, that I would like to present some questions on. Thank you.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Mr. Todd.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Todd Keewatin Central

Thank you, Mr. Chairman. If I can, I would like to start off by perhaps addressing Mr. Ootes' concerns with respect to money. The two things that we have asked the federal Minister and I believe I was fairly clear in my opening comments, Minister's statements, when I tabled the document. One is we would like to take a hard look at re-examining the regional $150 million submission that went in to the Cabinet in March of 1996. We have asked Ms. Stewart and the parties if they would be prepared to reprofile some of that money if it has not been, perhaps the greater priorities that may now be today which were not there when that submission went in. I think it would be fair to say that she and her assistant deputy minister, Mr. Moore, agreed to that. The other thing that is important is that Ms. Stewart has agreed to a table for a review of transitional costs, and I think that is a significant step forward that was not there two weeks. Both these initiatives hopefully will be able to bring us to an appropriate compromise as to what we can accomplish and what we cannot. That is what I said in my opening comments. It is important that Mr. Enuaraq or his staff will call as soon as possible a meeting of all the parties so we can get to the table and just see if, in fact, arrangements can be made on both these financial questions. I think the other thing that Mr. Ootes talked about is the intergovernmental arrangements that we believe will be necessary to continue some of the level of servicing of the Nunavut government while it moves towards putting its new government in place.

It is important to point out that decision is the Interim Commissioner's. If he chooses to use the current government or the future western government, that will be his decision. We are suggesting that there is some corporate knowledge in this government, which is fair to all, and there would be some significant value in that. We have identified in the report there is going to be a cost attached to it. I suppose from Mr. Ootes' point of view and the constituency he represents, we need to get some clarity on that issue as quickly as possible so that we can know what changes we have to make with respect to our staff so we need to give some security to those that may, assuming that the Interim Commissioner wants to agree to a variety of intergovernmental agreements, that those staff may have to continue to deliver for a period of time, until such time as the Nunavut government takes full responsibility for some of these services.

Right now discussions are under way on the intergovernmental agreements. We have certainly sent them a list that identified some of the agreements that we have in place with the federal government and other governments. Discussions at the official level are under way right now to determine what kind of intergovernmental agreements would have to be reached. I am optimistic that the Interim Commissioner will see some value in the corporate knowledge this current government has and the future government will have and utilize some of those services. I would caution everyone that decision will be his and he may choose, as he has every right to do so, to buy those services somewhere else. Thank you.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. I wanted to remind everyone that we are dealing with an important document and I want the Members to be mindful of the other Members who are asking questions and the honourable Minister is answering. Do we want to continue with the discussion. I have Mr. Ootes and Mr. Steen. Mr. Ootes.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jake Ootes

Jake Ootes Yellowknife Centre

Perhaps, Mr. Chairman, I will let Mr. Steen proceed because I wanted to address some questions further to my comments. If Mr. Steen wishes to proceed with general comments or questions, please go ahead. Thank you.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Ootes. Mr. Steen.

Committee Motion 95-13(4): Motion To Defer Consideration Of Bill 5
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Vince Steen

Vince Steen Nunakput

Thank you, Mr. Chairman. Mr. Chairman, I have two specific concerns in regard to this particular document. One centres around the costs, time and resources to this government to put forward this document and plan. The other centres around my concern as to whether we are advising these people or whether we are actually drawing up government systems for them.

Mr. Chairman, if I may expand on the second one at this point. I noticed that we were supposed to be third party to all this process of establishing a Nunavut government. With that understanding in place, we would just simply take part as to advising these people as to what would be a proper type of structure of government for a number of people down there and for the size of the area. However, I am getting concerned as to the amount of time and effort we are actually putting into this thing. If I may go back a little in time, I recall about this time last year we were presented with Footprints 2, which was second phase of Footprints in the Snow. We considered that particular document and we put forward a fair number of recommendations as to changes to that particular structure. I wonder if we are losing sight of the thought that these people, NIC and I presume the Interim Commissioner are in fact mandated to design this government for these people, and not us, not this government. I am beginning to think if we have not already, we are very close to the border where we are no longer advising these people, but we are actually telling them and doing for them what they should be doing themselves.

Mr. Chairman, in this plan that is being put forward, although there was some exceptions to the plan, by the Members, I believe it was said in more than one instance by more than one Member that in absence of any other plan, we are supporting this plan. I think that is a very important point and that NIC, the Interim Commissioner and whoever else is involved including the feds, should pay attention to that particular statement. Many of us here still believe that it is the responsibility of those people from Nunavut to design and structure their own government, and not this government.

I would further like to point out that in this plan for two territories. We suggested that since they would not have any system in place themselves by 1999, that they adopt this government's system for the time being. That includes the bureaucrats, policies and everything else of this government. I think it is a fundamental and accepted fact that if you want to control anyone, you simply give them a government you designed. My suggestion to these people is that we are giving them a bureaucratic system, they can hire from this government for a minimum of two years. We will be suggesting very strongly to them what type of government they are going to have in the future. If Nunavut people do not take this thing for what it is worth and still proceed with their own type of government, they might just as well continue to belong to this territory. Mr. Chairman, I am very convinced in my mind that, if we look back in history or history in any part of this world, whereby one people wished to take over another country or another small country, the simplest way to do it without actual war is to take over their government and infiltrate their government with their ideas and thoughts. The best way to do that is to supply them with all the bureaucrats. That is the simplest way to do it. I believe that is what is being suggested here.

I have no doubt in my mind that in the past history of this territory there were only two items needed to conquer this territory from the native people. That was the Bible and school books. That is all they needed to conquer and that is what they used. That is what the white man used to conquer this territory. To me, this looks like a simple process which is still continuing, whereby, we are having white men suggesting to the native people what kind of government they want rather than letting them do it themselves. I, for one, do not think we have any right to do that. I feel strongly that Nunavut people fought for many years for the right to design their own government, and we really have no business doing it. Although this document may be called a transition document which would address the design of the two new territories, I believe it is more properly branded as Footprints 3 because that is what it looks like to me.

I really believe this government is stepping out of line by suggesting to these people what kind of government they want. I, for one, do not support this idea that we are going to slowly infiltrate Nunavut by bringing them a whole prepared government. We are going to charge them for it, mind you cost plus, cost plus 10 percent, cost plus 20 percent or whatever we can get away with. I will not accept that. But I believe, Mr. Chairman, that is what Footprints 2 is saying. Those are my comments. Thank you.