Thank you, Mr. Handley. Item 14, tabling of documents. The honourable Member for North Slave, Mr. Lafferty.

I will interrupt the Member. Under tabling of documents, you just give the title and you do not read the whole document. That is a very long title. Just table your document, Mr. Lafferty.

Thank you, honourable Members. In interpreting the rules, I would just like to advise Members that when you table a document, you just give the title of the document and table it and leave it up to the Members to read. Item 14, tabling of documents. Item 15, notices of motion. The honourable Member for Mackenzie Delta, Mr. Krutko.

Thank you, Mr. Speaker. Mr. Speaker, I give notice that on Wednesday, March 7, 2001, I will move the following motion:

Now therefore I move, seconded by the honourable Member for Inuvik Boot Lake, that the Legislative Assembly of the Northwest Territories is ardently opposed to oil and gas exploration and development activity being carried out in the Arctic National Wildlife Refuge and its coastal plain;

And further, that the Honourable Stephen Kakfwi, Premier of the Northwest Territories, communicate this resolution to the Right Honourable Jean Chretien, Prime Minister of Canada;

And furthermore, that the Prime Minister and the Government of Canada, through the office of Minister of the Environment, be encouraged to continue to vigorously oppose any threat to the shared natural resources of northern Alaska, the Yukon Territory and the Northwest Territories.

Thank you, Mr. Krutko. Item 15, notices of motion. The honourable Member for Range Lake, Ms. Lee.

Thank you, Mr. Speaker. Mr. Speaker, I give notice that on March 7, 2001, I will move the following motion:

Now therefore I move, seconded by the honourable Member for Nahendeh, that the following provisions be adopted as the terms of reference for the Special Committee on the Implementation of Self-government and the Sunset Clause:

1. The special committee, in undertaking its review, adopts the following as operating principles as articulated by the 14th Legislative Assembly in Towards a Better Tomorrow:
2. a.) The special committee is committed to the development of a system of government in the Northwest Territories that recognizes and protects the rights of all residents, balancing individual citizens' rights and collective aboriginal rights;
3. b.) The special committee recognizes that aboriginal and other northern leaders working together in support of a common vision and strong sense of identity is the foundation for a better future for all residents;
4. c.) The special committee holds that aboriginal people must have greater self-determination over their social, cultural, economic and political destiny;
5. d.) The special committee recognizes that aboriginal and public governments have unique, necessary and complementary roles to play in serving territorial residents; and
6. e.) The special committee recognizes the need for strong, effective aboriginal and public governments operating cooperatively;
2. The special committee is further committed to:
3. a.) providing information to aboriginal governments and seeking their input on issues related to the achievement of its mandate; and
4. b.) an open and public process that provides opportunities for stakeholder groups, elected bodies and the general public to receive information and input their views on issues related to the achievement of its mandate;
3. The special committee shall:
4. a.) In relation to the Sunset Clause:
5. i.) Provide information to Northwest Territories residents concerning the intent and effect of Section 2 of the Legislative Assembly and Executive Council Act, as to the need to address Section 2 before the next election and to solicit input and options; and
6. ii.) Make recommendations to the Legislative Assembly concerning the sunset clause;
7. b.) In relation to the implementation of self-government:
8. i.) Consider how the Legislative Assembly may be impacted by the implementation of self-government in the areas of legislation and appropriations;
9. ii.) Review the models for implementing self-government in the Northwest Territories currently being negotiated;
10. iii.) Review the impact implementing self-government agreements will have on the Legislative Assembly operating structures and procedures;
11. iv.) Review legislative initiatives that would implement self-government agreements;
12. v.) Make recommendations as to how existing and future legislation, policies and practices of the Legislative Assembly might be amended or developed to reflect the concurrency of jurisdiction between aboriginal and partnership governments and the Government of the Northwest Territories,
13. vi.) Make recommendations on ways in which the budgetary process might be modified in form and process so as to reflect the duality of interest resulting from the implementation of self-government agreements,
14. vii.) Make recommendations on transitional measures which could be introduced to prepare for the implementation of self-government agreements.
15. c.) Consider how self-government may impact the Government of the Northwest Territories with respect to the functions of policy, programs, services, financing and administration over the immediate and long-term:
16. i.) Evaluate the impacts self-government will have on the authorities contained in the Northwest Territories Act and Territorial Statutes (legislation);
17. ii.) Investigate and advise on the impact self-government will have on the public governing structure on the Legislative Assembly and Government of the Northwest Territories and its powers, functions, programs, services and finances; and
18. iii.) make recommendations on transitional measures, which could be implemented to prepare for the implementation of self-government agreements.
4. Mr. Speaker, the special committee, in carrying out its terms of reference, will use best efforts to ensure that its discussions and activities support, complement and otherwise not overlap with or in any way interfere with self-government negotiations or discussions taking place at the Intergovernmental Forum;
5. The special committee shall establish processes for providing information to and affording the residents an opportunity to make their views known;
6. The special committee shall have access to such persons, papers and records as necessary to the conduct of its business;
7. The special committee shall be provided, through appropriations, with adequate funds to carry out its terms of reference and assigned responsibilities;
8. The special committee is authorized to employ such staff and/or consultants and contractors as may be necessary to carry out its responsibilities;
9. The special committee may consider other matters referred to it by the Legislative Assembly; and
10. The special committee may make recommendations it considers desirable through interim and a final report.

Thank you, Mr. Speaker.

Thank you, Ms. Lee. Item 15, notices of motion. The honourable Member for Tu Nedhe, Mr. Nitah.

Thank you, Mr. Nitah. Item 14, notices of motion. Item 15, notices of motion for first reading of bills. Item 16, motions. Item 17, first reading of bills. Item 18, second reading of bills. Item 19, consideration in committee of the whole of bills and other matters: Bill 16, Bill 19 and Bill 20, Committee Reports 5-14(3), 6-14(3) and 7-14(3), with Mr. Delorey in the chair.

By the authority given the Speaker by Motion 4-14(3), the House is resolved into committee of the whole to sit beyond the time of adjournment until the committee is prepared to report.

I would like to call committee of the whole to order. We have a number of issues to deal with in committee of the whole. What is the wish of the committee? Mr. Dent.

Thank you, Mr. Chairman. Mr. Chairman, I would like to recommend that the committee continues consideration of Bill 19 and Committee Reports 5, 6 and 7 concurrently, specifically to deal with the budgets for the Department of Justice, followed by the Northwest Territories Housing Corporation. Thank you.

Thank you, Mr. Dent. We will call a short break and then come back for Bill 19. Thank you.

-- Break

I would like to call the committee to order. We will deal with the Department of Justice. Mr. Minister, do you have any opening comments?

Mr. Antoine.

Thank you, Mr. Minister. I would like to ask the committee who is responsible for reviewing the department under consideration to make comments with regard to the committee's review of the department's estimates. Mr. Dent.

Thank you, Mr. Chairman. The Standing Committee on Social Programs met on January 19th, 2001 to consider the 2001-2002 Main Estimates for the Department of Justice.

There were a number of increases over the previous year's budget, including $1,781,000 to cover additional expenses arising from the collective agreement signed with the Union of Northern Workers; an increase of $1,060,000 to cover the budget shortfall caused by the lower than anticipated number of Nunavut prisoners; $74,000 in forced growth for utility costs at the Yellowknife Correctional Centre; and $2,727,000 to cover costs associated with young offender facilities opening in the upcoming fiscal year.

Wilderness Camps

The standing committee has consistently expressed support for the wilderness camp program. The Members of the Standing Committee on Social Programs appreciate being provided with copies of the final report on the cost analysis of the Corrections Wilderness Camp Program. While there are concerns with some of the conclusions in the report, Members believe the report will allow discussion to take place to revise and improve the wilderness camp program.

The committee looks forward to the promised briefing from the Department of Justice and an opportunity to provide input before final decisions are made about changes to the wilderness camp program.

Human Rights Legislation

In early 2000, when the Department of Justice first announced its intentions to develop human rights legislation, the Members of the Standing Committee on Social Programs began asking questions about the extent of public consultation that would take place on this very important territorial legislation. During the October review of the department's business plan, additional questions were raised when no consultation plan was available and no dollars were identified to support appropriate consultation on the draft Human Rights Act.

As was noted at that time, other departments undertaking major legislative initiatives usually provide detailed information on cost and a consultation process. The Department of Justice has not done this with human rights legislation.

The committee is still waiting for details on what public consultation process the Department of Justice plans to undertake for the draft human rights legislation. In the absence of a clear consultation plan, the standing committee would like to suggest that, as a minimum, the department make an effort to consult with all aboriginal governments and organizations, all municipal governments and all non-governmental organizations (NGOs) that are territorial in nature. This would include those NGOs that are not headquartered in Yellowknife.

Members are concerned that the department will not make a substantive effort to be proactive in the consultation process. This could lead to problems when the bill comes forward that could have been dealt with during the consultation phase.

Members of the standing committee would like to receive a briefing prior to mid-March on how consultation will be carried out for the draft human rights legislation and how the department plans to ensure residents and organizations in smaller NWT communities have a chance to participate in this important dialogue.

Aboriginal Policing

The committee supports the department in its efforts to build a police force in the Northwest Territories that is representative of the people it serves and sees First Nations policing as an important part of that effort. In discussions with the committee, the Minister talked about negotiations with the Solicitor General of Canada to increase funding to this program. The main estimates support this by mentioning "cost-sharing programs with the Solicitor General of Canada with respect to First Nations policing in support of aboriginal participation of the policing in their communities."

However, in examining the budget for the law enforcement activity, committee members note that the department has actually decreased the funding support for First Nations policing by $34,000 this fiscal year and $199,000 last year. Some committee members think the department should "put its money where its mouth is" by increasing funding in this area. We also question whether the Solicitor General will seriously consider negotiating an increase while the NWT Department of Justice is cutting its own contribution to First Nations policing.

Legal Aid

For the past year, committee members have raised concerns about the effectiveness of legal aid, based on comments from constituents and reinforced by media reporting of difficulties with the system. In particular, since the major cuts to legal aid in 1996, members of the committee from smaller communities have noted a continual scaling back of the services provided by Legal Services Board lawyers and court workers.

In June 2000, the department provided information showing a significant backlog of family law cases waiting for assistance under legal aid. After that meeting and before the October discussions on the 2001-2004 business plans, the Legal Services Board hired two staff lawyers, in part to deal with the backlog situation.

When this was identified during the business plan review, it raised questions for the Members. It was not clear how the Legal Services Board had the ability to finance from within and hire additional staff without any approvals beyond that of the board. Another question was why the backlog became an issue when the board had the ability to take action by hiring additional staff as needed.

From discussions that occurred during the review of the 2001-2002 Main Estimates in January 2001, it appears the committee's concerns were well-founded. Members heard that the Legal Services Board had already run out of money for the 2000-2001 fiscal year and had scaled back on the level of assistance its lawyers and court workers were providing. Members were also warned to expect a deficit for the Legal Services Board.

This lack of operational and financial planning calls into question the viability of the Legal Services Board as it now exists. While the backlog was cleaned up on a temporary basis, members are concerned about the long-term impacts of the decision to hire two new staff lawyers as services are scaled back to deal with the financial shortfall.

It has become apparent to committee members that it is time to examine how legal aid is delivered in the Northwest Territories. Members are very concerned that a sustainable legal aid system is not possible, given the current funding level and delivery mechanisms.

The standing committee will conduct its own research on the methods of legal aid delivery in Canada and will contact the Minister at a later date with some possible recommendations.

Victims' Assistance Program

There is a dedicated group of volunteers in Yellowknife and some of the other larger communities who provide assistance to the victims of crime. However, this support mechanism does not exist in the majority of our communities.

Members of the committee believe that government is not supporting victims of crime in most NWT communities. Committee members are aware of several cases where the victim of a crime refused to testify because he or she was afraid of their attacker or did not understand the court process. This adds to the cost of our justice system, with police, lawyers and judges dedicating time to getting a trial underway, only to have the case collapse without the victim's testimony. In some cases, all that is required is someone to support the victim and guide them through what can be a confusing and traumatic experience.

Members are aware that community wellness groups have raised this concern. The committee looks forward to a response by April 1, 2001 from the department, indicating how it will respond to the need for better assistance for the victims of crime. Mr. Chairman, that concludes the report of the Standing Committee on Social Programs on the Department of Justice budget.

Thank you, Mr. Dent. Just a reminder to Members of the House, if you could show some courtesy to Members when they are making their opening remarks. There is a lot of side bar discussions going on. Keep that in mind. I would like to call on the Minister and ask him if he would like to bring in any witnesses. Mr. Minister.

Does the committee agree?