Thank you. I believe Mr. O'Brien was asking if a Member can speak more than once. Yes, any Member can speak more than once, but only ten minutes at a time. It is a general rule the Chairman of the committee of the whole will try to recognize the person who has not spoken to the item on the table and then go back to Members who have spoken if there are no Members who have not spoken wanting to speak. I recognize Mr. Enuaraq and then Mr. O'Brien because Mr. Enuaraq has not spoken yet to this particular item on the table. Mr. Enuaraq.
Debates of Oct. 9th, 1997
Topics
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 1524
The Chair John Ningark
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 1524
Tommy Enuaraq Baffin Central
Thank you, Mr. Chairman. I already said my part during the Nunavut Caucus, but I would like to say it again. I am also quite pleased with this transition action plan. As everybody knows that we were trying to get Nunavut for roughly 20 years and it has taken us that long. We do have Nunavut today, but we still have to go ahead with the division date which we all agreed to, which is April 1, 1999.
Since it has taken us so long to come up to this stage, I also would like to thank Mr. Todd for putting forward with this transition action plan and also his staff. Like Mr. Barnabas said, NTI and the federal government still have not come up with a plan. I guess we will be consulting with them pretty soon about this document. Thank you very much, Mr. Chairman.
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 1525
The Chair John Ningark
Thank you, Mr. Enuaraq. At this time, Mr. O'Brien has been wanting to speak for the second time and has waited patiently. I will recognize Mr. O'Brien.
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 1525
Kevin O'Brien Kivallivik
Thank you, Mr. Chairman. I can assure you I do not require more than 10 minutes of talk time. It was just an additional point that I wanted to make that I did not make in my earlier comments. I have indicated that I see this document and Mr. Todd has made it very clear that this is just a document provided for advice. One of the issues I have indicated that I do have some concerns, as probably most people do, that not everything is going to be perfect or not everybody is going to be in agreement with all the points that are brought forward in this document. The decentralized issues are very important to me and my communities. The point I wanted to make is that I think what we have to look at here is that we do not want to create fear in the minds of the people at this point in time. I think we should concentrate on this in a positive fashion and, if I can say anything, what I would be looking for in the document is flexibility. I am not saying that is not there, but that is an issue that we have to address and make it very clear that it is there.
An example would be in my home community of Arviat, by the spring time there will be 18 houses available for use. If there is no office space available, there is a possibility that if it meant using some of these houses for office space in the interim that is something that could be talked about. These are the issues I think we should be addressing. I do not think we should put things into little compartments and little boxes. I think it has to be open and flexible and I think that we will have the opportunity to pursue this in the coming days. 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
Page 1525
The Chair John Ningark
Thank you, Mr. O'Brien. 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
Page 1525
John Todd Keewatin Central
I think it is important to try to clarify for everybody's benefit that again, I want to say that this plan is a transition plan. I know we have said that until we are, as they say, blue in the face. The bottom line is that we need to reach an appropriate compromise with our partners. I cannot impose this on anybody. We are just providing this advice to the Interim Commissioner. We tried to illustrate the magnitude of the shortfall in the dollars and the mammoth task that we have before us in the next 18 months. I cannot say to my honourable colleague from Arviat whether or not that is what they are going to do. That is really up to the Interim Commissioner and up to the federal government to identify those dollars to get that done. It seems like a reasonable approach that he is suggesting. I certainly would be one that would support it.
The bottom line is that we are just one player and why I am sort of a bit anxious to try and see the Interim Commissioner, who called the meeting, is to see if he has a plan. He has it there. I hope there are some similarities, some parallels, to what we are saying. We need to sit down and come to a compromise to assist him in moving forward, if he so wishes. We need to sit down on the fiscal table and that is important to the decentralized model that the money has been now identified, that we have identified it anyway, in our best costs and see if that money is there so we can move forward. But I have to tell you, what we are saying is, the draft transition plan deals specifically with the steps that are required to ensure that decentralization proceeds. Let me repeat that, because I know that is a big issue in the eastern Arctic. The draft transition plan deals specifically with the steps that are required to ensure that decentralization proceeds. It includes an estimate of approximately $18 million as a one time associated cost for decentralization. In our view, this information will be critical to the office of the Interim Commissioner and the future Nunavut government to ensure that decentralization occurs as quickly and efficiently as possible. I do not know how more to say it.
We spent a great deal of time crafting the statement and a sincere effort to try to answer some of the concerns that we feel are legitimate and would be out there. I think the other thing about the plan, and Mr. Picco talked about it earlier, the plan is a guide for action. It is not a perfect document. It does not contain all the answers. But it is on the table for debate. The next two and three weeks are going to be critical as we sit down in the partnership with the federal government and NTI and the Interim Commissioner to reach a consensus on what we are going to do, who is going to do it, who is going to pay for it and move on. I think that is really what it boils down to for me. It is reaching a compromise with all the parties as to what we are going to do. It may not be this model. I do not know. I think this is one of the better pieces of work I have seen come out of Mr. Voytilla's shop in a long, long time. Not that lots of stuff does not measure up well, Lew, but this is a good piece of work. I better be careful, because they will probably want more money. It is a good pragmatic report that shows the steps that are necessary to get the fundamental needs of a new government in place. That is all. It does not determine what the new ideology or how education or how health care or how economic development is going to adjust or how this is going to be developed. It just puts the essential ingredients in place. I would hope that the parties would see some value in this report. We take out of it what they see as value. Put aside what they do not. Then all of us come to an agreement on what we can accomplish, who is going to do it, and at the end of the day, make sure the federal government has sufficient dollars in the process to pay for it. That is all. 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
Page 1525
The Chair John Ningark
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
Page 1525
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 1525
The Chair John Ningark
Thank you. I think the motion to report progress is timely. The motion is in order. It is not debatable. I will rise and 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
Page 1525
The Speaker Samuel Gargan
The House will come back to order. We are on item 20, report of committee of the whole. Mr. Ningark.
Item 20: Report Of Committee Of The Whole
Item 20: Report Of Committee Of The Whole
Page 1525
John Ningark Natilikmiot
Thank you, Mr. Speaker. Mr. Speaker, your committee has been considering Committee Report 08-13(4); Bill 4, Children's Law Act; Bill 5, Adoption Act; Minister's Statement 110-13(4), Transition Action Plan; and Tabled Document 108-13(4), Creation of Two New Territories and would like to report progress with ten motions being adopted and Bill 4, Children's Law Act is ready for third reading as
amended. Mr. Speaker, I move that the report of committee of the whole be concurred with. Thank you.
Item 20: Report Of Committee Of The Whole
Item 20: Report Of Committee Of The Whole
Page 1526
The Speaker Samuel Gargan
Thank you, Mr. Ningark. Seconded by the Member for Baffin South. The motion is in order. To the motion. Question has been called. All those in favour of the motion? All those opposed? Motion is carried. Third reading of bill. Mr. Ng.
Bill 6: Child And Family Services Act
Item 20: Report Of Committee Of The Whole
October 9th, 1997
Page 1526
Kelvin Ng Kitikmeot
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Aivilik that Bill 6, Child and Family Services Act be read for the third time. Thank you.
This bill reforms family law respecting the protection of children in the Territories by:
- setting out the principles by which the Act is to be administered, the paramount one being to promote the best interests, protection and well being of children;
- setting out a test to assist courts in determining the best interests of a child and providing that the determination must be made with a recognition that differing cultural values and practices must be respected;
- defining "child" as a person who is under the age, or appears to be under the age, of 16 years;
- allowing the Director of Child and Family Services to enter into agreements to provide services to families to support and assist them in caring for a child, and agreements to provide services to children who are between the ages of 16 and 18 years; inclusive, and cannot live with their parents to support and assist them in caring for themselves;
- providing for the establishment of a committee, in respect of a child who has been apprehended or about whom an investigation has been made, to make an agreement setting out a plan of care for the child;
- specifying that a plan of care agreement may provide for, among other things, the residence of the child, support services for the child's home, counselling, the responsibilities of the persons who sign the agreement and support for the child;
- allowing a person having lawful custody of a child or, if the child has attained the age of 12 years, the child to require that the matter proceed to court rather than to a plan of care committee;
- setting out the procedure for bringing a matter before the court;
- setting out the orders that a court may make after a hearing, including orders to grant access to the parent or person having lawful custody of the child and to approve a plan of care for the child;
- setting out the procedure for obtaining an order from a court approving medical treatment that is necessary to preserve the life of a child and the criteria to establish when the Director of Child and Family Services may, without such an order, authorize such medical treatment for a child who is apprehended;
- allowing a court to make an order for permanent custody of a child without finding the child in need of protection, where the child's parent delivers the child to a Child Protection Worker for the purposes of adoption;
- allowing orders placing a child in the temporary or permanent custody of the director of Child and Family Services to be extended from the time the child attains 16 years until the child attains the age of majority;
- allowing the Minister and one or more municipal or settlement corporations to enter in an agreement transferring responsibility for matters set out in the Act to the municipal or settlement corporation, designating a council of one of the municipal or settlement corporations that are parties to the agreement to act for all corporations subject to the agreement and establishing a Child and Family Services Committee;
- allowing, subject to regulations, municipal or settlement corporations that have entered into a community agreement to establish community standards to be used in determining the level of care adequate to meet a child's needs and whether or not a child needs protection;
- stating that information received under the Act is confidential, but may be disclosed in certain circumstances or on order of a court.
Bill 6: Child And Family Services Act
Item 20: Report Of Committee Of The Whole
Page 1526
The Speaker Samuel Gargan
Thank you. The motion is in order. To the motion. Question has been called. All those in favour of the motion? All those opposed? Motion is carried. Bill 6 is at third reading. Item 21, third reading of bills. Mr. Clerk, Item 22, orders of the day.
Item 22: Orders Of The Day
Item 22: Orders Of The Day
Page 1526
Clerk Of The House Mr. David Hamilton
Mr. Speaker, meeting of the Western Caucus after adjournment this evening, and I am not sure about the Nunavut Caucus, Mr. Speaker.
Orders of the day for Friday, October 10, 1997:
1. Prayer
2. Ministers' Statements
3. Members' Statements
4. Returns to Oral Questions
5. Recognition of Visitors in the Gallery
6. Oral Questions
7. Written Questions
8. Returns to Written Questions
9. Replies to Opening Address
10. Petitions
11. Reports of Standing and Special Committees
12. Reports of Committees on the Review of Bills
13. Tabling of Documents
14. Notices of Motion
15. Notices of Motion for First Reading of Bills
16. Motions
17. First Reading of Bills
- Bill 23, An Act to Amend the Elections Act
- Bill 25, Supplementary Appropriation Act, No. 2,
1997-1998
18. Second Reading of Bills
- Bill 24, An Act to Amend the Financial
Administration Act
19. Consideration in Committee of the Whole of Bills and Other Matters
- Bill 3, Family Law Act
- Bill 5, Adoption Act
- Bill 15, An Act to Amend the Workers'
Compensation Act
- Committee Report 8-13(4), Report on the Review
of the Family Law Bill
- Minister's Statement 110-13(4), Transition Action
Plan
- Tabled Document 108-13(4), Creation of Two
New Territories - Transition Action Plan
20. Report of Committee of the Whole
21. Third Reading of Bills
- Bill 4, Children's Law Act
22. Orders of the Day.
Item 22: Orders Of The Day
Item 22: Orders Of The Day
Page 1527
The Speaker Samuel Gargan
Thank you, Clerk. This House stands adjourned to Friday, October 10 at 10:00 am.
-- ADJOURNMENT