In the Legislative Assembly on October 30th, 2001. See this topic in context.

Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Speaker. My question today is for the Premier in his capacity of the comprehensive review of legislation to look at the definition of spouse and equal rights.

In earlier sessions I have asked about proposals to change the Adoption Act of the Northwest Territories so that same-sex couples will be able to get legal recognition of their rights and responsibilities in raising their families. Last week, my colleague from Range Lake pursued the same question.

I would like to go to the Premier again on this issue, Mr. Speaker, and ask, does the government support the principle of amending the Adoption Act to reflect these progressive changes and the rights of same-sex couples? Thank you, Mr. Speaker.

Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Braden. The honourable Premier, Mr. Kakfwi.

Return To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. Mr. Speaker, there has been a recent Supreme Court ruling on this issue and it is our government's intention to ensure that all legislation that is relevant to this ruling be reviewed and amended as quickly as possible.

Yes, the Supreme Court ruling must be complied with. Every government and jurisdiction across this country is undertaking the action to review legislation and come up with appropriate amendments to be brought forward by the respective governments to their legislatures. Thank you.

Return To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Premier. Supplementary, Mr. Braden.

Supplementary To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Speaker. I, along with other Members, commend the government for taking the initiative to do that broad review. I would like to press the point about the timing of bringing this review forward. It is comprehensive, I believe the Premier said last week that there are more than 30 acts that could potentially require amendments.

I want to be specific to the Adoption Act. Can the Premier advise on whether he can advance the timing of an amendment to this act? Thank you.

Supplementary To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Braden. The honourable Premier, Mr. Kakfwi.

Further Return To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. There is a particular concern to the residents of the Northwest Territories. The two pieces of legislation that have been identified are the Adoption Act and the Family Law Act, as the Member has said. So these two pieces of legislation, I believe, require immediate attention. We have identified that to the officials. They are looking at how they can make the appropriate amendments to these two pieces of legislation and to advise us on what those would be.

We are waiting for indication of when they will be brought forward to us so we can act on them. It is our intention to do that as quickly as possible. Thank you.

Further Return To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Premier. Supplementary, Mr. Braden.

Supplementary To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Speaker. I should have asked, to be very clear on this point, is it the government's intention to advance amendments to these two acts prior to the comprehensive review and bringing in for adoption other acts that are required? Thank you.

Supplementary To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Braden. The honourable Premier, Mr. Kakfwi.

Further Return To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. We have indicated we would like to proceed with amendments to these two pieces of legislation as quickly as possible. We hope that the advice we get from the officials to be that; that we can proceed without waiting for the outcome of the more comprehensive review.

I cannot say that categorically, but it is our intent. It appears our legislation is not consistent with the Supreme Court rulings and so they are under question. We need to comply with them as soon as possible and these are the two pieces of legislation that have been identified for quick action. Thank you.

Further Return To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Premier. Final supplementary, Mr. Braden.

Supplementary To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Speaker. This is helpful information for myself and, I think, people in the Northwest Territories who have a direct concern in this. My question, given that there are at least two people, one couple, two people, in the Northwest Territories who have indicated that they are prepared to go to court to test this legislation for the Northwest Territories, is it the government's preference that this be dealt with here on the floor of this Legislature as an issue of public concern and policy, or that it would be better dealt with in the court? Thank you, Mr. Speaker.

Supplementary To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 526

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Braden. The honourable Premier, Mr. Kakfwi.

Further Return To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

October 29th, 2001

Page 527

Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Speaker, the legislation we have is open to legal challenge, we believe, as currently drafted. It is necessary for us to do this review and to take action to ensure that our legislation is consistent with the Supreme Court rulings. It is not really a debate about whether we want this legislation or not. It is a Supreme Court ruling about rights and benefits that should flow to extending rights and responsibilities to same-sex couples. We are trying to comply with that.

Our legislation is, we believe, currently open to challenge and so we must comply as quickly as possible, and we intend to do that. That is the direction that Cabinet has given. Thank you.

Further Return To Question 165-14(4): Adoption By Same-sex Couples
Question 165-14(4): Adoption By Same-sex Couples
Item 6: Oral Questions

Page 527

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Premier. Item 6, oral questions. The honourable Member for Yellowknife South, Mr. Bell.