This is page numbers 341 - 369 of the Hansard for the 13th Assembly, 6th 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

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 367

The Chair

The Chair Vince Steen

Thank you, Ms. MacPherson. I have indication from Mr. Roland that he wishes to make general comments, but I would just like to know if we are through with the questions here? Mr. Henry.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Seamus Henry Yellowknife South

Thank you, Mr. Chairman. If I may have another question, I would appreciate it. It is rather short and it came out of some of the responses of the law clerk regarding a challenge of the structure to the Supreme Court of the NWT. The question to the Law Clerk, is, how many judges presently sit on the Supreme Court of the Northwest Territories?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 367

The Chair

The Chair Vince Steen

Thank you, Mr. Henry. Ms. MacPherson.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 367

Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. There are three resident Supreme Court Judges, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 367

The Chair

The Chair Vince Steen

Thank you, Ms. MacPherson. Mr. Henry.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Seamus Henry Yellowknife South

Thank you, Mr. Chairman. I also note that a requirement of the NWT Boundaries Commission Legislation is that a Member of the Supreme Court has to chair that particular committee. Would Ms. Schuler have to declare a conflict of interest in any application that would go before the Supreme Court? Thank you, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 367

The Chair

The Chair Vince Steen

Thank you, Mr. Henry. Ms MacPherson.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. I am not aware of what conflict rules govern the Judges of the Supreme Court, but I would expect, given that she was a Commissioner involved in making a recommendation to this Assembly, that she would not deal with any court case flowing from the issue of appropriate electoral boundaries. It would be my expectation that we would have a pool of two resident Supreme Court Judges that could hear this case, Mr. Chairman. As well, the Supreme Court also has a number of non-resident deputy judges that they draw upon from time to time to hear matters. Thank you, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 367

The Chair

The Chair Vince Steen

Thank you, Ms. MacPherson. Any further questions? If not, I will recognize Mr. Roland for general comments.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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. Back in May of this year, I moved a motion to establish the Electoral Boundaries Commission. Some of the arguments I used in putting it forward were the fact that we wanted to hear from residents of the Northwest Territories to see if they felt that they were under or over represented. One of the conditions that was on the motion was that the commission had to strive to maintain a balance between urban and rural populations when recommending the boundaries of constituencies, as well as the consideration of cultural and linguistic interest in the territories and its present land claim boundaries when recommending boundaries again of constituencies.

Mr. Chairman, the report to some degree does recognize the cultural and geographical diversities that exist in the Western Territory. As I went through the report I was disappointed to see the results. I also stated during my time that I had allotted in speaking to the motion that the Beaufort Delta leaders on two occasions had put forward motions to establish new seats in the Beaufort Delta area. Again, this report as it states now lists only two seats to be established and both in Yellowknife.

I have some concern, when it comes to a new assembly and 14 Members, as we say, will carry on after March 31, 1999. I believe the workload will be heavy, but as well, I have to go back to what I stated during the support of the motion, is that we have to listen to what the people of the territories say. If they feel that they are under-represented or over- represented, we have to bring forward that message. As the commission did its work, I heard numerous times of let us not create more government. We have enough government. The cost of government is high, so let us continue with what we have and work with the system that we will have in place.

Some concerns, as we heard Mr. Henry speak of the fact that excuses were made on the fact that the residents of Yellowknife could access government easier than residents of other communities, is very real. The fact that residents of Inuvik have the ability to go and talk to a superintendent, for example, of income support, but here in Yellowknife, they can reach the director of income support. They can reach the deputy minister much easier than a resident of Inuvik can.

One of the other things raised or I heard during the boundaries commission's work, was the fact that the comparison of the Yukon to the NWT as to how many residents of the Northwest Territories did not want to see a situation of what they view in the Yukon as being a centralized government. That is already said to a large degree about the existing system we have but by creating this, it would further establish that in the minds of the people of the territories.

Under the existing system of the Government of the Northwest Territories there are four of 24 seats in Yellowknife. After March 31, 1999, there are four of 14 potential seats. One could say that there is actually an increase in the representation when it comes to the number of Members in the Legislative Assembly.

As I said, I have concerns with the work load, but also I have to go back and listen to the people that put me here in the first place. Although there was some support out of Inuvik for more seats, generally the feeling out of my community was enough government, let us just do the work. Let us provide programs and services. On those lines, as a report is presented to us, giving two more seats to Yellowknife alone, I cannot support it based on the fact that the Beaufort Delta leaders, when the motion went out, called for seats in that region. This is not recognized, so that further puts us at a distance. As the concerns came forward and as I mentioned myself, the fact if you look at the Western Territory on a map and you look at the northern region of the Western Territory, there are four Members of this Assembly currently for the Sahtu and Beaufort Delta region. There would be ten south of that. This further increases that disparity.

One can argue the fact that if you go one vote per person then there is a concern there. As we heard earlier, that parity, that absolute parity is not necessarily the measurement used. As well, I believe I heard the law clerk mention that in a case there was a possibility, or there was a case of 50 percent plus or minus. I need to check Hansard and double-check on that, but when we look at the motion to establish or look at a boundaries commission, as well, was the fact that cultural differences was one of the things that was mentioned. Right now, the Inuvialuit of the Beaufort Delta region, as a whole in the whole territories, have some links to those of the east, the Inuit. In the Western Territory, as Inuvialuit or Inuit, they will be the only aboriginal group of Inuvialuit. I think that should have been recognized to some degree in the report. For whatever reason, it was not and I cannot go back and try and guess why, but I go back to the fact that if you establish two more seats in the Yellowknife area, the numbers will come down for the people in Yellowknife, if they do a comparison per person per vote. There is actually a concern here that by doing that you would further push the envelope when it comes to the concern of representation by larger communities versus smaller communities because that exists today as we know it.

We hear many concerns being raised in this Assembly how small communities have a more difficult time being heard or having concerns dealt with in comparison to larger communities. Myself, I can be considered to be one of the larger communities in the Western Territory and I do hear that raised as well, not only in this setting, but as well, for example, the Beaufort Delta Leaders setting. There is always a concern of larger constituencies hoarding the power, so-to-speak, from smaller communities. We have heard a number of times, as well as when the debate was on the motion itself, and now with the questions many questions with a threat of a court action, definitely when you looked in the past, four of 24, there was probably more of an argument there of representation. I do not know if that is the same balance of four of 14.

In reading the report, I see also that there is a lot of emphasis paid to the 25 percent ruling that most jurisdictions stand by on the existing system that is used today. For example, if we took what is existing today and redistributed or rebalanced within the Yellowknife constituencies, that number would come down. The high number in one riding of over 7,000 would come down and be balanced out more, to a degree. I believe that is a potential opportunity to lessen the concern there. I believe that not just the process of setting up seats, but the idea of representation, when right now there is, and I think everybody could agree that there is, an anti-sentiment to Yellowknife as being the capital, where everything comes into the centre, because it is the seat of government. If this report was to go as it is, it would further entrench that and that would make for a very difficult operation of a government because you would potentially set up a Yellowknife caucus versus the rest of the Western Territory sort of thing. I think that is potentially there. In closing, Mr. Chairman, I hope that Members will look at all the concerns and look at what the people said. I believe the majority of people said, enough government. Thank you, Mr. Chairman.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 368

The Chair

The Chair Vince Steen

Thank you, Mr. Roland, Member for Inuvik, for his general comments. Are there further general comments on this item? I recognize Mr. Kakfwi.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 368

Stephen Kakfwi

Stephen Kakfwi Sahtu

I move we report progress.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 368

The Chair

The Chair Vince Steen

Thank you, Mr. Kakfwi. We have a motion on the floor to report progress. The motion is not debatable. Unfortunately, I do not recognize a quorum so I will ring the bell. I recognize a quorum. We have a motion on the floor to report progress. All those in favour? All those opposed? The motion is carried. I will now rise and report progress.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 368

The Speaker Samuel Gargan

The House will come back to order. We are on item 20, report of committee of the whole. Mr. Steen.

Item 20: Report Of Committee Of The Whole
Item 20: Report Of Committee Of The Whole

Page 368

Vince Steen

Vince Steen Nunakput

Thank you, Mr. Speaker. Mr. Speaker, your committee has been considering Bill 11, An Act to Amend the Workers' Compensation Act, Bill 10, An Act to Amend the

Student Financial Assistance Act, and Tabled Document 26-13(6), Report of the NWT Electoral Boundaries Commission 1998. I would like to report that Bill 11 and Bill 10 are ready for third reading. Mr. Speaker, I move that the report of committee of the whole be concurred with.

Item 20: Report Of Committee Of The Whole
Item 20: Report Of Committee Of The Whole

Page 369

The Speaker Samuel Gargan

Thank you. Seconded by Ms. Thompson. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Item 21, third reading of bills. Mr. Dent.

Item 21: Third Reading Of Bills
Item 21: Third Reading Of Bills

November 9th, 1998

Page 369

The Speaker Samuel Gargan

BILL 13, Supplementary Appropriation Act, No. 3, 1998/99

Item 21: Third Reading Of Bills
Item 21: Third Reading Of Bills

Page 369

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Baffin South, that Bill 13, Supplementary Appropriation Act, No. 3, 1998/99, be read for the third time. Thank you, Mr. Speaker.

Item 21: Third Reading Of Bills
Item 21: Third Reading Of Bills

Page 369

The Speaker Samuel Gargan

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 13 has had third reading. Third reading of bills. Item 22, orders of the day. Mr. Clerk.

Item 22: Orders Of The Day
Item 22: Orders Of The Day

Page 369

Clerk Of The House Mr. David Hamilton

Mr. Speaker, there is a meeting of the Special Committee on Western Identity immediately after adjournment today. Meetings for Thursday at 9:00 a.m. of the Standing Committee on Government Operations and at 11:00 a.m. with the Ordinary Members Caucus and 12:00 noon with the Nunavut and Western Caucuses.

Orders of the day for Thursday, November 12, 1998:

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 Motions for First Reading of Bills

16. Motions

17. First Reading of Bill

- Bill 14, Nunavut Statutes Replacement Act

- Bill 15, Nunavut Statutes Amendment Act

- Bill 16, Nunavut Judicial System Implementation Act

- Bill 17, Division Measures Act

- Bill 18, Access to Information and Protection of Privacy Statutes Amendment Act

- Bill 19, An Act to Amend the Public Highways Act and the Motor Vehicles Act

18. Second Reading of Bills

19. Consideration in Committee of the Whole of Bills and Other Matters

- Tabled Document 26-13(6), Report of the NWT Electoral Boundaries Commission 1998

20. Report of Committee of the Whole

21. Third Reading of Bills

- Bill 10, An Act to Amend the Student Financial Assistance Act

- Bill 11, An Act to Amend the Workers' Compensation Act, No. 2

22. Orders of the Day

Item 22: Orders Of The Day
Item 22: Orders Of The Day

Page 369

The Speaker Samuel Gargan

Thank you. This House stands adjourned until Thursday, November 12, 1998 at 1:30 p.m.

--ADJOURNMENT