Debates of Oct. 9th, 1997

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

Members Present
Item 1: Prayer
Point Of Privilege
Resignation Of Premier Frank Mckenna
Fire Prevention Week - October 5-11, 1997
Update On Activities Of The Council Of Ministers Of Education, Canada
Community Elections
Compassionate Treatment Of Civil Servants
Highway 3 Paving Schedule
Appreciation To Colleagues
Washington Education Seminar
Transfer Of Renewable Resource Officer Position To Broughton Island
Keewatin Regional Empowerment Pilot Project
High Cost Of Living
Repulse Bay Church Re-opening
Measures To Curb Violence In Downtown Yellowknife
Tax Credit Investment Program
Return To Oral Question 585-13(4): Marketing The Aurora Fund
Item 5: Recognition Of Visitors In The Gallery
Employee Records Of Employment
Keewatin Regional Empowerment Pilot Project
Supplementary Question 636-13(4): Keewatin Regional Empowerment Pilot Project
Further Return To 636-13(4): Keewatin Regional Empowerment Pilot Project
Tax Credit Investment Program
Improvements To Highway 3
Pangnirtung School Construction
Activities Of The Council Of Ministers Of Education
Pay Equity Dispute
Aurora Fund Marketing
Keewatin Regional Empowerment Pilot Project
Liquor Inspections
Civil Servant Workloads
Civil Servant Christmas Holidays
Aurora Fund Marketing
Keewatin Medical Services
Keewatin Regional Empowerment Pilot Project
Written Question 36-13(4): Renewable Resource Office Position Transfer To Broughton Island
Item 12: Reports Of Committees On The Review Of Bills
Bill 24: An Act To Amend The Financial Administration Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Motion To Amend Clause 13 Of Bill 4
Motion To Amend Clause 18 Of Bill 4
Motion To Amend Clause 29 Of Bill 4
Motion To Amend Clause 30 Of Bill 4
Motion To Amend Clause 33 Of Bill 4
Motion To Amend Clause 59.2 Of Bill 4
Motion To Amend Clause 65 Of Bill 4
Motion To Amend Clause 71 Of Bill 4
Motion To Add A Preamble To Bill 4
Motion To Defer Consideration Of Bill 5
Item 20: Report Of Committee Of The Whole
Bill 6: Child And Family Services Act
Item 22: Orders Of The Day

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

This clause indicates that under most circumstances the mother and father are equally entitled to custody of a child.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Thank you. Clause 18. Mr. Miltenberger.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Chairman. I move that subclause 18(5) of Bill 4 be deleted and the following be substituted:

(5) The right of a parent to exercise the entitlement of custody of a child and the incidents of custody, but not the entitlement to access to the child, is suspended until a parental or separation agreement or a court order otherwise provides where

(a) the parents of the child lives separate and apart and the child lives with the other parent; and

(b) the parent has consented, either expressly or by implication, or acquiesced to the other parent having sole custody of the child. Thank you.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Thank you. Your motion is in order. To the motion. Question has been called. All those in

favour of the motion? All those opposed? Motion is carried. Clause 18 as amended? Agreed. Clause 19. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

This clause allows a person who is entitled to custody of a child to appoint someone else to exercise the rights of custody.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Thank you. Clause 19. Agreed. Thank you. Clause 20. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

Clause 20 allows any person to apply to court regarding custody of or access to a child.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Clause 19? Thank you. Clause 20. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

That was Clause 20, Mr. Chairman. Clause 21.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Sorry, Clause 21. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

When an order of access to a child is made without setting out specific times or days for the exercise of access the court may make an order under this clause.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Agree with Clause 21? Thank you. Clause 22. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

This clause allows the court to vary a custody or access order.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Agreed? Thank you. Clause 23. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

This clause allows the court to make an order for the supervision of custody of or access to a child.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Agreed. Clause 24. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

Where a court makes a joint custody order over the objections of one person or makes a custody order that was not requested by at least one of the parties, then this clause requires the court to provide reasons. Thank you.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Clause 24? Agreed. Thank you. Clause 25. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

Mr. Chairman, under this clause the main rule for determining whether a Northwest Territories court should hear a child custody or access matter is whether the child is habitually resident here.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Thank you. Clause 25? Agreed. Clause 26. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

This clause sets out another exception to the general rule that a child should be habitually resident in the Northwest Territories.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Clause 26? Agreed. Thank you. Clause 27 of Bill 4. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

This clause indicates that even where a court has jurisdiction to hear a custody or access matter, it may decline to hear the matter or where the judge thinks that the matter should be heard somewhere else.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Thank you. Agreed to Clause 27? Thank you. Clause 28. Mr. Minister.

Committee Motion 87-13(4): Motion To Amend Clause 18 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

This clause allows the court to make interim orders or directions where the court may not hear a matter under Clause 25.