This is page numbers 1067 - 1096 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 chairman.

Topics

Committee Motion 44-13(4): To Amend Sub-clause 1(9) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

The Chair

The Chair Jane Groenewegen

Part 2, page 8, Cities, Towns and Villages Act, clause 2. Mr. Steen.

Committee Motion 45-13(4): To Amend Sub-clause 2(7) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

March 4th, 1997

Page 1092

Vince Steen

Vince Steen Nunakput

Thank you, Madam Chair. I MOVE that sub-clause 2(7) of Bill 7 be amended by deleting proposed paragraph (a) and by substituting the following: Notices given to the City Administrative Officer in writing within 30 days after the damage was sustained or within such longer period of time that the council may by bylaw designate. Thank you, Madam Chair.

Committee Motion 45-13(4): To Amend Sub-clause 2(7) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Steen. Your motion is in order. To the motion. Mr. Steen.

Committee Motion 45-13(4): To Amend Sub-clause 2(7) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Vince Steen

Vince Steen Nunakput

I would like to indicate to the committee, the motion achieved is the same as the motion to amend clause 1 and because there are three different municipal statutes being amended, we must move these three separate motions.

Committee Motion 45-13(4): To Amend Sub-clause 2(7) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

The Chair

The Chair Jane Groenewegen

Thank you. To the motion. Question is being called. All those in favour? All those opposed? The motion is carried. Part 2, Cities, Towns and Villages Act, clause 2 as amended.

Committee Motion 45-13(4): To Amend Sub-clause 2(7) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 45-13(4): To Amend Sub-clause 2(7) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you. Moving on to page 14, part 3, Hamlets Act, clause 3. Mr. Steen.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

Vince Steen

Vince Steen Nunakput

Thank you, Madam Chair. I MOVE that sub-clause 3(6) of Bill 7 be amended by deleting a portion of paragraph (a) and by substituting the following: (a) Notice is given to the Senior Administrative Officer in writing within 30 days after the damage is sustained or within such longer period of time as the council may by bylaw designate. Thank you, Madam Chair.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1092

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Steen. To the motion. Question is being called. All those in favour of the motion? All those opposed? The motion is carried. Part 3, Hamlets Act, clause 3 as amended.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you. Turning now to page 20, part 4, Local Authorities Elections Act, clause 4.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Agreed. Thank you. Page 24, part 5, Property Assessment and Taxation Act, clause 5. All those agreed?

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you. Page 27, part 6, Settlements Act, clause 6.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Agreed. Thank you. Page 29, part 7, Commencement Clause 7. Agreed. Thank you. Bill as a whole. Agreed. Thank you. Does the committee agree Bill 7 is ready for third reading as amended? Agreed. Thank you. Bill 7 is now ready for third reading as amended. Thank you, Madam Minister. Thank you, Mrs. Ballantyne. Could I please direct the Members' attention to Bill 2, Justice Administration Statutes Amending Act. Would the Minister like to make opening remarks?

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kelvin Ng Kitikmeot

Thank you, Madam Chair. Madam Chair, the Justice Administration Statutes Amending Act will make minor amendments for four Acts that relate to the administration of justice in the Northwest Territories. The most significant of these amendments are in the aid of introducing cost efficiencies and the administration of the courts. The rest are minor corrections to the relevant acts. The Fine Options Act is amended so that a reference to a notice of fine form or fine card is replaced by a fine order, which is the new term used in amendments to the Criminal Code which came into force on September 3rd, 1996.

Provisions are added to the Judicature Act to empower judges of the Supreme Court to also act as judges of the Territorial Court and as justices of the peace. This will potentially reduce delays and the number of court circuits by allowing a Supreme Court Judge to hear matters which now can only be heard by a Territorial Court Judge or a justice of the peace. Another change of how the Chief Justice of the Court of Appeal to convene meetings of judges of that court to consider matters pertaining to the administration of justice. These meetings will be paid for by the federal government under the authority of the Judge's Act.

The Judicature Act is also amended to correct outdated references of the court which the judges of the Court of Appeal may be appointed to provide for the closure of the offices of court registries when the clerk and other officers are on mandatory unpaid leave and to clarify an existing regulation, making power permits the enactment of regulations respecting the reimbursement of expenses for interpreters and witnesses. The Jury Act is amended so that a current provision permitting the sheriff to summon a potential juror, a personnel service or by registered mail is expanded to permit a summons to be left with another member of a person's household or to be sent by any class of mail. This avoids the cost of repeated attempts to serve a person. The person so served would not be guilty of failing to obey the summons unless he or she has acknowledged the summons. Several provisions would also be amended to correct errors in the French version.

In the Justice of the Peace Act, the composition of the Justice of the Peace Review Council was changed to delete the representative of the Minister of Justice and to provide for a second representative of the public to be appointed by the Commissioner in the Executive Council. This is necessary because of the decision of the Court of Appeal in the Temela Group of cases which criticized the appointment by the Minister of members of the judicial council, which reviews complaints brought by members of the public against the Territorial Court Judges. The same logic applies to members of the review counsel which is responsible for the discipline of Justices of the Peace. Madam Chair that concludes my opening comments. Thank you.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Ng. On behalf of the Standing Committee on Social Programs, which reviewed the bill, Mr. Roland, do you have any comments?

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Floyd Roland

Floyd Roland Inuvik

Thank you, Madam Chair. On behalf of the Standing Committee on Social Programs I would like to report on our review of Bill 2, the Justice Administration Statutes Amending Act. The committee originally reviewed Bill 2 in November, 1996. On February 20, 1997, we held a public hearing on Bill 2, with a presentation from the Minister of Justice. No public stakeholders expressed concerns with Bill 2. The Bill amends four acts as outlined by the Minister in his opening comments. Members had no specific concerns with the amendments concerning the Fine Option Act, the Judicature Act and the Justices of the Peace Act. Members expressed interest in the changes in the Jury Act, the amendment will make service of jury summons less stringent. Members were concerned about the potential for misunderstanding when a person is served with a jury summons. This becomes even more of a concern when the person receiving the summons is unilingual and does not understand what the summons says. The Minister explained the procedure for service and highlighted efforts made to ensure people understand what is expected of them. Members questioned the current system of jury selection. In many communities people do not understand why relatives of an accused are included on the list of potential jurors. The principal of providing an unbiased jury was discussed with an explanation of why the initial list should never be pre-screened, even for relatives. The Standing Committee on Social Programs has completed its review and has no major concerns with the proposed bill. Thank you, Madam Chair.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1093

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Roland. Would the Minister like to bring witnesses?

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1093

Kelvin Ng Kitikmeot

Not at this time, Madam Chair. Thank you.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you. General comments on the bill? There are no general comments. We will move to clause-by-clause. Bill 2, Justice Administration Statutes Amending Act, clause 1.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 46-13(4): To Amend Sub-clause 3(6) Of Bill 7: Municipal Statutes Amending Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Agreed. Thank you. Clause 2.