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 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 29. 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 would allow a court to appoint an independent assessor.

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 29, Mr. Enuaraq.

Committee Motion 88-13(4): Motion To Amend Clause 29 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tommy Enuaraq Baffin Central

Thank you, Mr. Chairman. I move that clause 29 of Bill 4 be amended by

(a) adding the following after subclause (8):

(8.1) The clerk of the court shall keep every report filed under subsection (7) in a sealed packet or shall otherwise ensure that it is not available or made available to anyone other than the parties, the child's solicitor, if any, or the court for inspection, review or copying, unless otherwise ordered by the court.

(b) deleting subclause (10) and by substituting the following:

(10) The person appointed under subsection (1) shall attend as a witness at the hearing of the application, unless the parties and the child's solicitor, if any, otherwise agree.

Committee Motion 88-13(4): Motion To Amend Clause 29 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

Thank you, Mr. Enuaraq. 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 29 as amended? Agreed. Thank you. Clause 30. Mr. Minister.

Committee Motion 88-13(4): Motion To Amend Clause 29 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Kelvin Ng Kitikmeot

This clause provides for applications to the court to enforce access orders.

Committee Motion 88-13(4): Motion To Amend Clause 29 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

The Chair John Ningark

To clause 30. Mr. Enuaraq.

Committee Motion 89-13(4): Motion To Amend Clause 30 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1511

Tommy Enuaraq Baffin Central

Thank you Mr. Chairman. I move that clause 30 of Bill 4 be amended by

(a) deleting subclause (2) and by substituting the following:

(2) Where the court is satisfied that the party against whom the application is brought wrongfully denied the applicant access to the child, the court may make such order as it considers appropriate, including any one or more of the following orders:

(a) requiring the respondent to give the applicant compensatory access to the child for the period agreed to by the parties or, if the parties do not agree, for the period the court considers appropriate; (b) giving directions for the supervision of custody or access under section 23;

(c) requiring the respondent to reimburse the applicant for any reasonable expenses actually incurred as a result of the wrongful denial of access;

(d) appointing a mediator in accordance with section 71 as if the application were an application for access.

(b) deleting subclause (4) and by substituting the following:

(4) Where the court is satisfied that the party against whom the application is brought, without reasonable notice and excuse, failed to exercise access or to return the child as the order required, the court may make such order as it considers appropriate, including any one or more of the following orders:

(a) giving directions for the supervision of custody or access under section 23;

(b) requiring the respondent to reimburse the applicant for any reasonable expenses actually incurred as a result of the failure to exercise access or to return the child as the order requires;

(c) appointing a mediator in accordance with section 71 as if the application were an application for access;

(d) requiring the respondent to provide his or her address and telephone number to the applicant.

Committee Motion 89-13(4): Motion To Amend Clause 30 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

The Chair John Ningark

Thank you, Mr. Enuaraq. Sometimes we have a hidden subsection. 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 30 as amended? Agreed. Clause 31. Mr. Minister.

Committee Motion 89-13(4): Motion To Amend Clause 30 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

Kelvin Ng Kitikmeot

This clause deals with the situation where the child is unlawfully held from the person having custody of a child under a custody order.

Committee Motion 89-13(4): Motion To Amend Clause 30 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

The Chair John Ningark

Clause 31? Agreed. Thank you. Clause 32. Mr. Minister.

Committee Motion 89-13(4): Motion To Amend Clause 30 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

Kelvin Ng Kitikmeot

This clause deals with the unlawful removal of a child from the Northwest Territories.

Committee Motion 89-13(4): Motion To Amend Clause 30 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

The Chair John Ningark

Agreed? Thank you. Clause 33. Mr. Minister.

Committee Motion 89-13(4): Motion To Amend Clause 30 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

Kelvin Ng Kitikmeot

This clause deals with circumstances where someone wants to bring an application for custody or access for the enforcement of a custody or access order.

Committee Motion 89-13(4): Motion To Amend Clause 30 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

The Chair John Ningark

Clause 33. Mr. Roland.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of 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. I move that clause 33 of Bill 4 be amended by adding the following after subclause (1):

(1.1) Subsection (1) does not apply in respect of

(a) personal correspondence between the proposed respondent or person against whom the order is made and a parent, child, spouse, brother or sister of that person; or

(b) information that is subject to solicitor-client privilege.

(1.2) Where a court makes an order under subsection (1), it may make any order with respect to the confidentiality to be maintained in connection with the information provided pursuant to that order that it considers appropriate.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

The Chair John Ningark

Thank you. Your motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Motion is carried. Clause 33 as amended? Agreed. Clause 34. Mr. Minister.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

Kelvin Ng Kitikmeot

This clause deals with the recommendation of the courts of the Northwest Territories of custody and access decisions from other jurisdictions.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

The Chair John Ningark

Thank you. Agree with clause 34. Clause 35. Mr. Minister.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

Kelvin Ng Kitikmeot

This clause sets out circumstances where a court may make an order that supersedes an order of a court from another jurisdiction. Thank you.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Mr. Picco.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

Edward Picco Iqaluit

Thank you, Mr. Chairman. Mr. Chairman, could I have some clarification on what he means when he says superseding from another jurisdiction after a rule or law has taken place.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

The Chair John Ningark

Mr. Minister.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. In the best interests of the child, it is necessary for the Northwest Territories court to make an order of that nature if the child has moved here from another jurisdiction per se and he or she might be a resident of the Northwest Territories. Thank you.

Committee Motion 90-13(4): Motion To Amend Clause 33 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1512

The Chair John Ningark

Thank you. Clause 34. Mr. Picco.