Thank you, Mr. Barnabas. Is the committee agreed?

We will resume with those items after a short break. Thank you.

--Break

I would like to call the committee of the whole back to order. We are dealing with Bill 1, Family Law Reform Statutes Amendment Act. I would like to call on Minister Arlooktoo to introduce the bill. Thank you. Mr. Arlooktoo.

Thank you, Mr. Arlooktoo. Would the representative from the Standing Committee on Social Programs like to bring forward the committee's review of the bill? Mr. Miltenberger.

Thank you, Madam Chairperson. The Standing Committee on Social Programs conducted a Public Review of Bill 1, Family Law Reform Statutes Amendment Act, on Friday, August 28th, with the Honourable Goo Arlooktoo providing opening comments and answering committee Members questions.

The purpose of Bill 1, Family Law Reform Statutes Amendment Act, is to bring 31 other pieces of legislation into line with the definitions and intent of the Family Law Reform Acts already passed by this Legislature and to deal with timing issues should one of the Family Law Reform Acts come into force before another. The Family Law Reform Acts are: The Children's Law Act, the Family Act, the Child and Family Services Act, and the Adoption Act.

A majority of the amendments in this bill deal with making definitions, such as "spouse" and "co-habit" consistent throughout NWT legislation and are of a housekeeping nature. Bill 1, amends the Vital Statistics Act, to allow adopted children and the natural parents of adopted children to receive birth registration and other documents when the child turns 19 years old. Several acts are changed to reflect changes in job titles or acts references as a result of the Family Law Reforms Acts. Again, these are of a housekeeping nature.

The Child and Family Services Act, which was one of the Family Law Reform Acts, was amended to ensure that the legislation matches the actual practices of the department and to provide clarity of the responsibilities of the Plan of Care Committees for the wards of the department. In the opinion of the committee, the changes proposed by the amendments do not change the intent of the Child and Family Services Act.

During our review, the committee also passed four motions to amend Bill 1. Two of the amendments dealt with timing issues and cover contingencies should one or more of the Family Law Bills come into force before the others. The other two motions clear up minor drafting errors in the bill.

Madam Chairperson, we will also be moving a motion at the appropriate time to clarify the definition of "immediate family" by adding the definition of "spouse" as contained in section 1 of the Family Law Act and the Labour Standards Act.

This concludes the report of the Standing Committee on Social Programs. Thank you, Madam Chairperson.

Thank you, Mr. Miltenberger. If the committee is agreeable, at this time we would like to ask the Minister if he would like to bring in any witnesses?

The committee is agreed. Would you please ask the Sergeant-at-Arms to invite the witnesses to come in. Mr. Arlooktoo, if you would like to introduce your witnesses for the record, please.

Thank you, Mr. Arlooktoo. Are there any general comments on the bill? Mr. Krutko.

Thank you, Madam Chairperson. Madam Chairperson, in regard to the Family Law Act and the adoption side of it, I would like to know what has been done in consultation with aboriginal organizations, where a lot of aboriginal claims groups have basically a register of all the eligible members, which includes children. In order to update that registry there has to be a cooperation between this government through this act and also through the enrolment process that applies under land claim agreements.

I would like to ask the Minister, exactly what has he done to ensure that the claims agreements which have an enrolment criteria, which includes children who may be adopted or have been adopted to fall within the criteria of that land claim organization and be consulted with regard as to what happens with those children, which really falls within the arm of the aboriginal organization that they are associated with? What has he done to ensure that the consultation process with those groups and the land claims agreements are reflected in this legislation?

Thank you, Mr. Krutko. Mr. Arlooktoo.

Thank you, Mr. Arlooktoo. Mr. Krutko.

Thank you, Madam Chairperson. Madam Chairperson, while I feel that, as one Member of this legislature, I think it is imperative that you work with aboriginal organizations with the different court cases that have been dealt with in Canada especially, when you deal with adopted aboriginal people. When you deal with a cultural background where basically families and relatives, which aboriginal groups are sort of known to keep families as a collective where you are related, regardless of who your cousin is. Basically, if you come from one culture or the other, and because of what we see happening with children being adopted, especially with children in the north, I do feel that it is a sensitive issue when you talk with aboriginal children being taken away from aboriginal families and put in non-aboriginal families. I think it is imperative that you do take the time and effort to ensure that the aboriginal groups are involved in all aspects of the people they represent, including children.

There has to be more initiatives made by this government to ensure that Land Claim Agreements and aboriginal organizations, regardless if it is AFN, or Gwich'in Tribal Council or Inuvialuit or whomever, that those people who are listed and enroled under those different organizations are informed and whomever the individual may be is aware of their aboriginal heritage and exactly what rights they have under different agreements. We talk about self-government, aboriginal rights to take care of their own problems, I think basically, from the comments that the Minister stated, that he has avoided the question and is saying that we do not think that it is really important. I feel that it is important and that it is being dealt with through this bill, before this bill goes anywhere.

Thank you, Mr. Krutko. Do you have any comments in response to that, Mr. Arlooktoo?

Thank you, Mr. Arlooktoo. I would suggest that the narrow answer to that question is no. The broader issues being raised by Mr. Krutko today are not relevant to the recommended changes that are being proposed to the legislation because as indicated in the opening remarks, the changes referred to, are those of a technical nature which have to do with language and wording as opposed to, perhaps, more the government's involvement in the broader issues that you have raised. Mr. Arlooktoo, I agree, refers to the Adoption Act and these comments are also more specific to a different act than the one brought up here. Having said that, I think your comments are taken under advisement by the Minister at this time. Would the committee agree? Okay. Thank you, that is my understanding of that. Mr. Krutko.

Madam Chair, could I get a legal interpretation exactly what you said so that it sort of falls in line with where the Minister is coming from? We have legal counsel here, I believe maybe they can enlighten me on the legal side of adoption and how it affects aboriginal rights?

Thank you, Mr. Krutko. What I said made perfect sense to me. I am sorry if it did not make sense to you. In summary, Mr. Krutko, the discussion and comments you have raised are not within the scope of the recommendations that are being recommended to the alterations to the act at this time. General comments on Bill 1, Family Law Reform Statutes Amendment Act. Mr. Krutko.

Thank you, Madam Chair. In the act you make reference to the Aboriginal Custom Adoption Act in the aboriginal component of it. In aboriginal custom adoption, how does that work in relation to aboriginal organizations or band councils who may have a registry where individual families where aboriginal people may be represented by a group or groups such as tribal councils, band councils or Metis locals. Where is that listed in this legislation to ensure that when you talk about aboriginal, what agency are you talking about? Are you talking about aboriginal context of the Indian Act? You are talking about a band list, where someone is represented as an aboriginal person because they have a certain number. What is meant by that?

Thank you, Mr. Krutko. Again, I am sorry, I will have to say that the general discussion and the points that you are raising are outside of what is being considered in this bill. Under paragraph 1, what you are referring to is actually just an addition that information be registered and it does not pertain to the government's overall position on custom adoption. I am sorry, but I have to rule that question is outside of the scope of this bill. Mr. Krutko.