Thank you, Mr. Speaker. Mr. Speaker, I would like to give an update today on the issue of surviving spouse benefits in the Workers' Compensation Act. At the present time, the surviving spouse of a worker killed in the course of his or her employment is entitled to workers' compensation benefits. However, these benefits are terminated if the surviving spouse remarries.
Similar provisions have existed, at one time or another, in all jurisdictions in Canada. Since the Charter of Rights and Freedoms was passed, questions have been raised about the constitutional validity of these provisions. Governments and workers' compensation boards across Canada, and here in the Northwest Territories, have been struggling with appropriate responses to these concerns.
Mr. Speaker, although there have been concerns, there has never been a decided court case on the issue of whether such provisions are constitutional. Since the question of surviving spouse benefits has been raised by a widow from the Northwest Territories, the Board of Directors of the WCB has decided to obtain a court ruling on the constitutional question. This will then help clarify the need for legislative amendments to deal with the issue. The WCB will be seeking a declaratory judgment on all issues related to the constitutionality of these provisions, Mr. Speaker. In order to get a full hearing of the issues, the WCB will fund all reasonable legal costs and disbursements for one party to argue in favour of the constitutionality of the provisions and another party to argue against their constitutionality.
Once the Supreme Court of the Northwest Territories and the Nunavut Courts of Justice have ruled on the matter, the WCB Minister for Nunavut and I will be asking the WCB to provide recommendations on what, if any, legislative amendments are necessary. This appears to be the quickest route for resolving the question of surviving spouse benefits on remarriage. Mr. Speaker, it is the intention of the WCB to be fair to workers and their families. I look forward to the results of this court hearing and to a resolution of this issue, hopefully by the fall. Thank you, Mr. Speaker.
--Applause