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.

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

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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, given the fact that there is a lot of merit to the bill and given the fact that there is concern from various leaders in Nunavut, I think what we should try to do is amend it in some way that would allow for the new Government of Nunavut to make the decision on their own as to how they want to deal with the bill, whether they want to modify it or leave it as it is. This is not to take way from the intent of the bill and the fact that the Western Territory would be in a situation to utilize the bill as it is put forth now. Mr. Chairman, what I am saying is, I would feel a lot more comfortable if there was an amendment to the bill which would allow the new Government of Nunavut to decide on their own once their government is put in place. 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

May 31st, 1998

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The Chair

The Chair Vince Steen

Thank you, Mr. O'Brien. Perhaps you can direct your question to the legal advisor as to what is required to amend the bill, so that it only comes into effect at a certain time. Would that satisfy your question, 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. If we were to delay the bill so that it would take effect April 1, 1999; the question is, is that sufficient or do we add to that, for example, to state that the new Commissioner would then decide whether or not they wanted to empower this bill or not? The question is, what is required? What criteria would we have to put in place to make sure the Nunavut government had the opportunity to deal with the bill as they see fit once the government is put in place after April 1st, 1999? 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

Mr. O'Brien, the question would not be properly directed to the Minister because it is asking a question over and above anything to do with the act. You are asking a question as to what would be needed in order for it to be addressed strictly by Nunavut, and I think we should direct the question to the legal advisor rather than to the Minister. 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. That is fine with me. I just assumed the Minister would forward the question off to his legal advisor. 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

I will direct the question to our legal advisor, 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. Mr. Chairman, an amendment would be needed to the Coming in Force Clause of this bill. The amendment would need to provide that the bill would not come into force before April 1st, 1999, and that it would then come into force on Order of the Commissioner. That would give the Nunavut government the ability to decide whether they wish the bill to come into force in the Nunavut territory. I hope that assists the committee, 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, Ms. MacPherson. 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

I have no more questions, 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. O'Brien. I will then recognize Mr. Miltenberger.

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

Thank you, Mr. Chairman. There is discussion from some of the Members. The question is in regard to the kind of consultation that was done. I would like to point out once again that this is a combination of a ten year process that this bill has been in our committee for almost a year. It took us eight months to do the consultation around the territory, east and west. There were hundreds and hundreds and hundreds of mail outs in correspondence on these bills and on the Adoption Act. I would also venture to say, Mr. Chairman, that if, in fact, this Adoption Act, had been part of the four and was ready in time, that this would not be an issue. Now that it is by itself, and timing to division draws near, it is coming under additional scrutiny. I do not have a question, Mr. Chairman. I just want to point that out. I also want to remind Members, as I have heard many, many times in this House by some of my colleagues, that we are elected until April 1st, 1999, and we have an obligation to all the children in the Northwest Territories to bring this act into force, in my opinion. If the Nunavut government, in their wisdom afterward want to repeal or go back to a piece of legislation that is 30 some years old and antiquated and out of date, that would be entirely their choice. We have an obligation to complete this ten year process and bring it to conclusion. 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. Miltenberger. We did have general comments on Friday from Members. I called for general comments, and there were no more today, and I allowed the Minister to respond. We seem to be in general comments again. Perhaps your comments should be recorded, Mr. Miltenberger. I did not see any specific question to the Minister there, so I will recognize Mr. Krutko. I presume we are going to finish general comments at some time here.

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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David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chairman. My question to the Minister is in regard to the comments he made on several sections of the bill that deals with the whole aboriginal concern and consultation with aboriginal groups. I have gone through the bill, and so far, the only place I see reference to aboriginal organizations is section 7 on page 8. I would like to ask the Minister, where else in other sections of the bill is there involvement from aboriginal organizations in the decision-making process for the adoption of aboriginal children?

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 1534

The Chair

The Chair Vince Steen

Thank you, Mr. Krutko. 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, I have been told that beside section 7, subsection 7, section 18, subsection 6 and 18, subsection 7, and in there as well where it corresponds to the Child and Family Services Act, and references to the Child and Family Services Act. 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. Krutko.

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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David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chairman. Could the Minister point out what is in the Child Family Services Act, which relates to aboriginal consultation or aboriginal involvement in the decision-making in regard to this act? My concern is that I do not believe there is enough consultation or enough involvement by aboriginal organizations, especially when it comes to adoption of aboriginal children.

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. Krutko. 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, it is my understanding that the Child and Family Services Act is where a child is linked to the aboriginal organization that they are identified with. That is where the consultation takes place with that group. 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, Minister Ng. Mr. Krutko.

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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David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chairman. Is there any chance of having that section added to this bill to make it clear and straightforward, so that the whole consultation, the question of aboriginal people, when it comes to aboriginal children is clear and straightforward and that you do not have to jump from one bill to the next, so you just basically reference it in this bill whenever you talk about consultation with aboriginal groups?

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. Krutko. 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 reference to the aboriginal groups will be in the regulations and all the manuals that the adoption workers and the child welfare workers use. Although it would not be explicit here, it will be in there. 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. Krutko.