Thank you, Mr. Speaker. Good afternoon. Mr. Speaker, last week the Canadian Human Rights Tribunal hearing the equal pay complaint filed by the Public Service Alliance of Canada against the Government of the Northwest Territories decided to hold its hearings primarily in Ottawa. This government is disappointed that the tribunal did not recognize the significance of holding a majority of the hearings in the North. That way, Mr. Speaker, the process would have been open to those most affected by the outcome, which as the tribunal acknowledges, is at least three years away.
Mr. Speaker, I am very disappointed that the tribunal has, in its decision, stated the federal government has a "supervisory responsibility" over the territories, and assumes that the federal government will pay for any award made. The NWT receives funding from the federal government through a formula that is similar to the equalization arrangement for the provinces. For the tribunal to make the assumption that the federal government will pay for any equal pay decision in the Northwest Territories is irresponsible unless they have a commitment from Finance Minister Martin that we are not aware of. Further, to suggest that the Government of the Northwest Territories is simply an arm of the federal government is to deny decades of progress that has resulted in an independent, autonomous and responsible northern government.
The Government of the Northwest Territories spent considerable time and resources providing evidence to the tribunal concerning the importance of holding these hearings in the North. We asked the tribunal to allow us to call Northerners as witnesses to explain the importance of the tradition where hearings that affect Northerners are held in the North. Mr. Speaker, they refused to hear them. The tribunal's decision states that there is nothing to be gained by exploring the issue of bringing justice closer to the people. Further, they state that, according to the Public Service Alliance of Canada, the people most affected by and interested in this case are in Ottawa.
The Public Service Alliance of Canada and the Canadian Human Rights Commission both asked that the hearings be held primarily in Ottawa. The tribunal stated that convenience was a serious consideration in its decision. The Tribunal Registry, its staff, the PSAC and the Commission are all resident in Ottawa. By deciding to hold the hearings in Ottawa, the tribunal chose to ignore the fact that Government of the Northwest Territories documents, staff and ordinary witnesses are in the North. Obviously, whose convenience is most worthy of consideration depends on your point of view.
Mr. Speaker, Northerners have fought for decades to move decision making on northern matters from Ottawa to the North. The tribunal is ignoring this tradition. This decision allows for the opening and closing statements to be held in the North; however, the remainder of the hearings will take place in Ottawa. Given how long other tribunals have taken, we are probably talking about three weeks in the North and as long as five years in Ottawa.
Mr. Speaker, the Government of the Northwest Territories argued that an important part of educating the northern public on this issue is to ensure that the hearings are accessible to northern media. In response, the tribunal stated that the public interest in Canada will be better served by having the hearings in the national capital where it will be closer to the national press.
My understanding is that in most cases the hearing is held in the place that appears to be most substantially connected to the subject of the litigation. Given that the complaint was filed against the Government of the Northwest Territories on behalf of employees in the Northwest Territories, it is difficult to understand why the tribunal would consider holding these hearings anywhere other than in the Northwest Territories.
Mr. Speaker, over the next 30 days I will review this decision with officials to determine if we will seek a judicial review of the tribunal decision. I will update Members on any further developments. Mahsi.
--Applause