This is page numbers 1505 - 1542 of the Hansard for the 13th Assembly, 5th 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 premier.

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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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Michael Miltenberger

Michael Miltenberger Thebacha

Clause by clause, 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

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The Chair

The Chair Vince Steen

Mr. Picco.

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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Edward Picco Iqaluit

Thank you, Mr. Chairman. Mr. Chairman, when we broke on Friday, there was some discussion over concerns raised by NTI and the Nunavut Social Development Council. Today, I see there is a new fax that has been sent by Roy Erasmus, as chair in the office of the Standing Committee on Social Programs. Indeed, Roy is not the chair. It is our friend, Mr. Tommy Enuaraq. Aside from that, they still have some concerns with the proposed Adoption Act. The level of comfort that we expected from the Minister and his staff in a letter written to Mr. Anawak as the Interim Commissioner and to the Nunavut Social Development Council. I am wondering if the Minister could update this House at this time on what type of consideration they have given to the discussions that took place last week in regard to the proposed Adoption Act and, hopefully, resting the concerns of NTI and the Nunavut Social Development Council, and now, it would seem the office of the Interim Commissioner with the proposed Adoption Act? 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

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The Chair

The Chair Vince Steen

Thank you, Mr. Picco. I note that Mr. Ng, the Minister did not have a chance to respond to any questions or comments put forward last Friday by the Members, so perhaps we could include your question to the Minister. First, I would like to finish with general comments from the Members. Are there any further general comments? I have no further general comments. I will ask the Minister if he would respond to the questions and general comments that were put forward. Mr. Ng.

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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Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. Mr. Chairman, there was, as Members recall, a lot of issues raised in respect to the NTI, NSDC submission that was provided to the standing committee. It is our understanding we do have a copy of a letter the standing committee returned to NTI that outlined their response to the issues that had been brought forward. I believe I have indicated, and now indicate here again that, as a government, we, as well will respond to NTI and the Nunavut Social Development Council on the concerns they have outlined. We are not, certainly, dismissing those concerns. They are issues they have raised that are legitimate. We believe that the issues that have been raised have been addressed, quite frankly, and some of the amendments have been made to the act as a result of the standing committee process.

On the one most substantive issue they raised about the lack of extensive consultation, I believe that issue, the standing committee and ourselves have addressed it. It has been mentioned by Members that there has been extensive consultation on these bills throughout the Northwest Territories. As you know, it went forward as a major package of family law reform. We have had the Child and Family Services Act, the Family Law Act and the Children's Law Act, that has already gone through the Legislative Assembly process. The Adoption Act was the last of those four major family law bills that had to be completed. It has only been delayed to this point as a result of us trying to meet the committee's wishes in trying to streamline the process of the structure of the act itself to make it clear.

We can say right now that the Adoption Act before you today is heads and tails above the existing act. The current Adoption Act is outdated. The new act allows for greater transparency, accountability, broader participation, better access to information on formal adoptions and takes aboriginal consultation into a serious consideration including the cultural value and practices that have to be respected in trying to reach decisions on placing individuals. There has been a lot of extensive consultation on these bills. As Members had pointed out, yourself, Mr. Chairman, you are a part of the Family Law Reform Committee that had broad representation from all aboriginal groups in breaching the stage of drafting the initial legislation for the changes for the family law. We think that issue is not such a large issue.

In closing, Mr. Chairman, we recognize there are issues out there. We believe we have addressed them and will continue to work with the NTI and NSDC in trying to address any remaining concerns they may have. Ultimately, it is this legislative body that has the moral and legal responsibility up until March 31, 1999 for enacting laws for all of the Northwest Territories. After that date, on April 1, 1999, if the Nunavut government coming into place feels that this Adoption Act or any other act that they are going to be assuming is not representative of their interests or does not recognize their cultural and traditional values, then they have the opportunity to suspend those laws or to change those laws. Up until then, we have an obligation to try to improve laws in the Northwest Territories for the betterment of all residents regardless of their cultural background and regardless of where they live in the Northwest Territories. 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

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The Chair

The Chair Vince Steen

Thank you, Minister Ng. As followup, do you have questions of a general nature, Mr. Picco?

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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Edward Picco Iqaluit

Thank you, Mr. Steen, and I thank the Minister for his explanation. I just want some clarification from the Minister and his staff on the bill itself. I understand that for any legislation or any proposed legislation that comes forward in the Nunavut settlement area according to the Nunavut Land Claim Agreement the Nunavut Social Development Council has to be consulted about the process of drafting and formulating that legislation. Is that correct? 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

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The Chair

The Chair Vince Steen

Thank you, Mr. Picco. Minister Ng.

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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Kelvin Ng Kitikmeot

Mr. Chairman, something I failed to mention, in the summer of 1997, the departmental officials met with the Nunavut Social Development Council and their representatives and put on the table the fact that these family law bills are coming forward. I spoke to them on the social

policy issues in respect to their area of jurisdiction in Nunavut. There were no concerns that were raised at that time, Mr. Chairman. Thank you.

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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The Chair

The Chair Vince Steen

Thank you, Mr. Ng. Mr. Picco.

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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Edward Picco Iqaluit

Thank you, Mr. Chairman. Mr. Chairman, usually when groups sit down and talk about legislation or proposed legislation, you really do not get the magnitude of the legislation until it is actually in the second or third drafting forms. After the summer of 1997, when the department actually sat down with the Nunavut Social Development Council and talked about bringing through some legislation or introducing proposals, did they go back again in October, or did they go back in December? Did they speak to them in February, 1998 and discuss with them, in actuality, what was coming forward in the proposed bills? It would seem that there has been some kind of communication breakdown. Now, I do know for a fact, Mr. Chairman, that in the first week of April, when the bill went to second reading, I was contacted by the office of the Interim Commissioner for copies of the Adoption Act. I remember bringing six copies over to the office of the Interim Commissioner in Iqaluit. I wonder how many actual meetings they had with the Nunavut Social Development Council, as outlined, and the intent of the Nunavut Land Claim Agreement to actually consult other than to advise. 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

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The Chair

The Chair Vince Steen

Thank you, Mr. Picco. Mr. Ng.

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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Kelvin Ng Kitikmeot

Mr. Chairman, there certainly were opportunities for the Nunavut Social Development Council to participate in the hearing on an ongoing basis. No, we did not go back actively and put forward the legislative proposals that were on the table. What we would say is, we are taking their concerns into consideration, shaping the policy of how we developed the legislation. This is where our concern was, not so much the mechanics of the legislation itself. 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

May 31st, 1998

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The Chair

The Chair Vince Steen

Thank you, Mr. Ng. General comments or questions? Mr. Picco.

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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Edward Picco Iqaluit

Thank you, Mr. Chairman. Mr. Chairman, I am wondering, because of the land claim, which we all accept and look at as a piece of law because it is constitutionally enshrined in the House of Commons of Canada, the NSDC, I think, is more than just a consultative body within that jurisdiction. Was there any reason that a more official meeting or consultation was not done with the Nunavut Social Development Council, as outlined by NTI and the office of the Interim Commissioner and by the NSDC themselves? 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

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The Chair

The Chair Vince Steen

Thank you, Mr. Picco. Mr. Ng.

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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Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. Mr. Chairman, the Nunavut Social Development Council is established under the Land Claim Agreement, and there is a recognition on major policy issues that impact Nunavut that they should be consulted. Their role, in itself, is not as clearly defined in that act as it should be and how you consult with them, how you go about doing that and what mechanism they have to feedback into existing government bureaucracies on proposed legislation. It is fair to say they are an organization that, although they have been in existence, might not have been probably as active as they possibly could have been. Since I have been an MLA they used to come to meet with members of the Nunavut Caucus on an annual basis at least for the first couple of years. After that, it seemed as if it was not as active or those meetings did not take place. The role of the Social Development Council and the new Nunavut government also has to be clarified because right now, how are they going to function? What is their role going to be when the Nunavut government takes office April 1st, as well? What I am trying to say, Mr. Chairman, is that there has been a lot of effort made in trying to get information over there and maybe it has not been as free flowing as it should have been. Thank you.

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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The Chair

The Chair Vince Steen

Thank you, Mr. Ng. Mr. O'Brien, you had your hand up?

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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Kevin O'Brien Kivallivik

Thank you, Mr. Chairman. Just a point of clarification, if this bill were to be passed, when would it take effect?

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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The Chair

The Chair Vince Steen

Thank you, Mr. O'Brien. Mr. Ng.

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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Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. Mr. Chairman, as it is written now, it comes into force on the assent of the Commissioner. The plan would be to have it come into effect this fall, this September, all things being equal. Thank you.

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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The Chair

The Chair Vince Steen

Thank you, Mr. Ng. Mr. O'Brien.

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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Kevin O'Brien Kivallivik

Thank you, Mr. Chairman. Mr. Chairman, as the custom adoptions are in place today, how would this bill impact on custom adoptions?

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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The Chair

The Chair Vince Steen

Thank you, Mr. O'Brien. Mr. Ng.

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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Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. Mr. Chairman, this is a totally separate act. It would not impact at all on the Custom Adoption Act that is in place now. Thank you.