Just for clarification, Mr. Chairman, is the Minister saying that if a court order made in Nova Scotia were in place and the child moved to the Northwest Territories, they might overturn that type of rule or legislation to protect the child and then our legislation or our rule made by our court would supersede what had been made in Nova Scotia?
Debates of Oct. 9th, 1997
Topics
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
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. 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. Mr. Chairman, yes that would be the case under certain circumstances provided that a child has resided in the Territories for an extended period of time. 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.
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. So bringing in that clause is it the case over the last x-number of months or years indeed you have had this situation in the Northwest Territories, or we have had to do this? Is that why the clause is being introduced?
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. 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. Mr. Chairman, I have been told that the reason for this clause is because a lot more mobility of parents as they move from jurisdictions into
jurisdictional mobility, and it is consistent with what is in other legislation as well, Mr. Chairman.
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 1513
The Chair John Ningark
Thank you. Clause 34? Agreed. Thank you. Clause 35? Agreed. Thank you. Clause 36. 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 1513
Kelvin Ng Kitikmeot
This clause sets out further exceptions where the Northwest Territories court may make an order that supersedes an order from another jurisdiction on custody or access.
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 1513
The Chair John Ningark
Clause 36? Agreed. 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 1513
Edward Picco Iqaluit
Thank you, Mr. Chairman. Mr. Chairman, is that similar to clause 34 that you just discussed, superseding legislation of other jurisdictions which would be superseded by legislation passed in the Northwest Territories, or ruling or by the court?
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 1513
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 1513
Kelvin Ng Kitikmeot
Thank you, Mr. Chairman. Mr. Chairman, it is similar, but this is different circumstances. Here is a situation where the child may suffer serious harm. 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 1513
The Chair John Ningark
Clause 36? Agreed. Thank you. Clause 37. Mr. Ng.
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 1513
Kelvin Ng Kitikmeot
This clause deals with the admissibility in court of extra-territorial orders on custody or access.
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 1513
The Chair John Ningark
Clause 37? Agreed. 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 1513
Edward Picco Iqaluit
Thank you, Mr. Chairman. Is that permitting admissibility of evidence?
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 1513
The Chair John Ningark
Thank you. Mr. Ng.
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 1513
Kelvin Ng Kitikmeot
Yes, Mr. Chairman.
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
October 8th, 1997
Page 1513
The Chair John Ningark
Clause 37? Agreed. Thank you. Clause 38. 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 1513
Kelvin Ng Kitikmeot
This clause deals with the laws of another jurisdiction when custody or access matters are before the court.
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 1513
The Chair John Ningark
Clause 38? Agreed. Thank you. Clause 39. 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 1513
Kelvin Ng Kitikmeot
This clause is on dispensing with the parent's consent to medical treatment of the child. It is taken from the Minor's Act which would be repealed when this bill comes into force.
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 1513
The Chair John Ningark
Clause 39? Agreed. Thank you. Clause 40. Mr. Ng.
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 1513
Kelvin Ng Kitikmeot
This clause allows an application to court regarding guardianship for a child.