This is page numbers 441 - 481 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 nunavut.

Topics

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

The Chair

The Chair Jane Groenewegen

Thank you. Clause 6. Agreed?

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

December 2nd, 1998

Page 470

Some Hon. Members

Agreed.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

The Chair

The Chair Jane Groenewegen

Thank you. Clause 7. Agreed?

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

Some Hon. Members

Agreed.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

The Chair

The Chair Jane Groenewegen

Thank you. Clause 8. Agreed?

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

Some Hon. Members

Agreed.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

The Chair

The Chair Jane Groenewegen

Thank you. Clause 9. Agreed?

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

Some Hon. Members

Agreed.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

The Chair

The Chair Jane Groenewegen

Thank you. To the preamble. Agreed?

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

Some Hon. Members

Agreed.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

The Chair

The Chair Jane Groenewegen

Thank you. To the bill as a whole. Agreed?

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

Some Hon. Members

Agreed.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

The Chair

The Chair Jane Groenewegen

Thank you. Does the committee agree that Bill 15 is ready for third reading? Agreed?

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

Some Hon. Members

Agreed.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

The Chair

The Chair Jane Groenewegen

Thank you. Bill 15 is now ready for third reading and we will proceed now to Bill 14. Mr. Arlooktoo, opening comments.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 470

Goo Arlooktoo Baffin South

Thank you, Madam Chairperson. I am pleased to be here today to introduce the Nunavut Judicial System Implementation act.

This act provides for the operation of a single-level trial court for Nunavut to be known as the Nunavut Court of Justice. The new court will be a merger of the Supreme Court and the Territorial Court and will assume the total jurisdiction presently carried out by these two courts. The act is a companion legislation to federal Bill C-57, An Act to Amend the Nunavut Act, with respect to the Nunavut Court of Justice and to amend other acts in consequence, which is currently before Parliament.

I have just provided a submission and support of this bill to the parliamentary committee reviewing it. As Members will be aware, the Nunavut Implementation Commission first raised and gave its support to the concept of the unified court system for Nunavut in its Footprints 2 report. The decision to establish a single-level court system in Nunavut was made by the parties to the Nunavut Political Accord following a justice conference held in Iqaluit in November 1997, which indicated overwhelming support for this proposal.

The development and drafting of this bill was coordinated by the Office of the Interim Commissioner through the Nunavut Department of Justice in a cooperative effort with the Department of Justice in both the GNWT and the Government of Canada. The process also included post-consultation with NTI and the Department of Indian and Northern Affairs and Justice Canada. Extensive consultation on the legislation also took place with northern judges, lawyers and other interested parties, including the Nunavut Social Development Council.

This bill, which is the product of a highly cooperative and collaborative effort among all the parties, will help to make the administration of justice in Nunavut simpler and more accessible to the people. Thank you, Madam Chairperson.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 471

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Arlooktoo. Bill 14, Judicial System Implementation Act. I believe Mr. Picco has remarks from the committee. Mr. Picco.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 471

Edward Picco Iqaluit

Thank you, Madam Chairperson. The Special Committee on Nunavut Legislation reviewed Bill 14, Nunavut Judicial System Implementation Act, at its meetings on November 24 and 26, 1998, here in Yellowknife.

The committee would like to thank the Honourable Goo Arlooktoo and his officials for presenting the bill and responding to issues raised by the committee.

Bill 14 establishes a single-level trial court system for Nunavut. It replaces the Judicature Act and Territorial Court Act with a new Nunavut Judicature Act, and replaces the Justices of the Peace Act with a new Nunavut Justices of the Peace Act. It also makes consequential amendments to several other Nunavut statutes.

The current court system in the Northwest Territories, and indeed in the rest of Canada, has two levels of trial courts, Madam Chairperson. In the Northwest Territories these are the Territorial Court and the Supreme Court. The other components of the NWT justice system are the Justice of the Peace Program and, Madam Chairperson, the Court of Appeal.

This bill, Madam Chairperson, will combine the functions of the Territorial Court and the Supreme Court into one court - the Nunavut Court of Justice. Nunavut will also have justices of the peace and we will also have a Court of Appeal.

Related amendments are also being made by the federal government in Ottawa to federal statutes. The federal statutes, the Nunavut Act, the Criminal Code, the Judges Act and the Young Offenders Act specifically for Canada are also being amended to change.

Key of the single-level trial court are:

* All of the judges would be superior court judges appointed by the federal government;

*A judge of the Nunavut Court of Justice would have the jurisdiction to hear all matters currently heard by the Territorial Court and the Supreme Court;

*The Nunavut Court of Justice would hear minor and major criminal offences, all civil matters and all aspects of family law cases.

Madam Chairperson, it is hoped and expected that a single-level trial court will reduce delay in the administration of justice in Nunavut, as well as reducing administrative and travel costs.

Committee members recognize that another consequence of this bill may be that justices of the peace will deal with more matters at the community level. That should be a good thing, Madam Chairperson.

Madam Chairperson, this bill implements a system that will be new to Nunavut, and also new and unique to Canada. Committee members realize that much hard work and preparation has gone into the development of this bill. At the same time, there is much yet to be done to ensure that the new court system is implemented smoothly and works well for the people of Nunavut.

Madam Chairperson, Committee members support this bill and look forward to seeing a justice system put in place for Nunavut that can deal with matters quickly, comprehensively and expeditiously in a manner that respects the culture and values of the people of Nunavut.

This concludes the special committee's comments on Bill 14, Nunavut Judicial System Implementation Act. Thank you, Madam Chairperson.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 471

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Picco. Mr. Arlooktoo. If you would like to introduce your witness that just joined you, for the record, please.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 471

Goo Arlooktoo Baffin South

Thank you, Madam Chairperson. I have once again with me Mr. Mark Aitken, the Director of the Legislation Division with the Department of Justice, and also joining is Shannon Gullberg, our legal counsel. Thank you.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 472

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Arlooktoo. General comments on Bill 14. Clause by clause. Because of the nature of this bill, we will stand down clauses one through four and proceed first with consideration of the schedules. Agreed?

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 472

Some Hon. Members

Agreed.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 472

The Chair

The Chair Jane Groenewegen

Page 8, schedule A, Judicature Act, item 1. Agreed?

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 472

Some Hon. Members

Agreed.

Committee Motion 12-13(6): Motion To Amend Item 1 Of Schedule E Of Bill 17, Division Measures Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 472

The Chair

The Chair Jane Groenewegen

Thank you. Item 2. Agreed?