This is page numbers 315 - 336 of the Hansard for the 14th Assembly, 4th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was income.

Topics

Members Present

Honourable Roger Allen, Honourable Jim Antoine, Mr. Bell, Mr. Braden, Mr. Delorey, Mr. Dent, Honourable Jane Groenewegen, Honourable Joe Handley, Mr. Krutko, Ms. Lee, Honourable Stephen Kakfwi, Mr. McLeod, Mr. Miltenberger, Mr. Nitah, Honourable Jake Ootes, Mr. Roland, Honourable Vince Steen, Honourable Tony Whitford.

-- Prayer

Item 1: Prayer
Item 1: Prayer

Page 315

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Allen. Good afternoon, colleagues. Item 2, Ministers' statements. The honourable Minister responsible for the Department of Justice, Mr. Antoine.

Jim Antoine Nahendeh

Mr. Speaker, earlier this month the federal Court of Appeal made a ruling that clarifies the constitutional status of the Northwest Territories. The appeal court ruled that the NWT is legally separate from the federal government. This is the clearest ruling on this point made so far by the courts.

The Court of Appeal ruling concerns a lawsuit brought against the territorial government by the Federation Franco-TéNOise. This group argued that the territorial government was an agent of the federal Crown and, therefore, the case should be heard in the federal court. I am gratified to see that the appeal court has agreed with our position that this case should be heard in a northern court.

Mr. Speaker, this may be the most important development this government has seen since 1986. That was the year that the Premier and Cabinet took over full executive powers from the Commissioner.

For years, there have been questions about the constitutional status of the Territories. Various groups and individuals have argued that the Territories are, in fact, a branch of the federal government. The appeal court's decision confirms our view that the territorial government has authority over its own affairs and the power to make its own decisions. While we do not enjoy all the powers that a province has, we are responsible for ourselves and are not just an agent of the federal government.

Mr. Speaker, in 1975 the people of the NWT chose their very first fully elected government. Eleven years later we achieved responsible government with decisions being made by the elected representatives of the people, not by an appointed Commissioner. Our Territory continues to evolve, Mr. Speaker, and this court decision is an important step in that evolution. Mahsi, Mr. Speaker.

-- Applause

The Speaker

The Speaker Tony Whitford

Mahsi, Mr. Antoine. Item 2, Ministers' statements. Item 3, Members' statements. The honourable Member for Yellowknife South, Mr. Bell.

Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, as a member of the Social Programs Committee, I will soon get a chance to go through the Cuff report in detail and have a chance to analyze many of the recommendations and comment back to the Minister, but I wanted to take this opportunity, as I may not get another before the August 15th deadline for responses, to discuss some of the problems I see with the Cuff report at just a cursory level.

Mr. Speaker, there seems to be a lot of data and a lot of information on problems within our existing health care system in the Territories but not enough, as usual, on how we might address these problems. There is also no evidence that a new organizational structure, as proposed by Cuff, will improve the present situation.

Boards as well, Mr. Speaker, are really singled out in the report as being problematic. There seem to be too many of them. They do not understand their roles. They do not understand their responsibilities. They are not accountable. They lack training.

There has not been much talk about the extent to which outside factors have probably influenced a lot of this, Mr. Speaker. What about the inability to recruit health care professionals? What about the difficulty in providing service in remote areas?

Mr. Speaker, I cannot imagine that additional board training at the Stanton Regional Hospital would have had any impact on how quickly we were able to recruit professionals with the recent nursing shortage and closure of the surgery ward.

Mr. Speaker, the most significant shortcoming that I can see, just at first view of this report, is there does not seem to be a real look at self-government, Mr. Speaker, and its present and future impact on governance and service delivery.

The development of some of our boards was seen as an intermediate step to self-government. I think of the Dogrib Community Services Board, for example, Mr. Speaker. Can we really have talked about partnerships and capacity building for the last ten years and then turn around and recentralize all of the service delivery?

One more point, Mr. Speaker. When asked about consultation, the report writer and the Minister always insisted 300 people were consulted in the process. Mr. Speaker, I think when they were consulted they were asked to comment on the current state of health care service delivery in the Northwest Territories. They were not posed with the idea that sweeping change was imminent and, "How do you feel about that?" I think it is one thing to ask them in crafting the report for comment and another now to shop this around in the communities and at the regional government level. Thank you.

-- Applause

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Bell. Item 3, Members' statements. The honourable Member for Thebacha, Mr. Miltenberger.

Services For Special Needs Students
Item 3: Members' Statements

Page 316

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. Mr. Speaker, today I would like to touch on the issue of special needs, an issue that touches many families in the Northwest Territories. It touches every school and every DEA and DEC.

Mr. Speaker, in my constituency there is concern and evidence that, in fact, services for special needs seem to be diminishing. I have had issues raised with me by constituents of parents and grandparents having to pull together their hard-earned money, trying to help pay for special needs assistants for special needs children.

I know that as a government we have committed millions of dollars to speak to the issue of student support and special needs. However, Mr. Speaker, somewhere between here, the schools and the families, the funds do not seem to be getting through.

Mr. Speaker, every year this issue comes up. I do not think we are making the inroads we should be in terms of providing support. It is not just my constituency that I am aware of that is dealing with this problem and what seems to be the lack of resources for special needs children in the classroom.

This is a very fundamental issue that affects the special needs children, the special needs family, but it also affects the effectiveness and ability of teachers to do their jobs in the classroom when they may have a whole range of special needs children as well as children who are operating at the appropriate grade level.

Mr. Speaker, later today during question period I will be asking the Minister of Finance some questions about how we can better deal with special needs in the communities and why it seems to be, to me at least, that the number of concerns and complaints I am receiving from families about the lack of resources are increasing, or at the very least, not diminishing in spite of the millions of dollars that this Legislature has appropriated specifically to deal with special needs issues. Thank you, Mr. Speaker.

Services For Special Needs Students
Item 3: Members' Statements

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Miltenberger. Item 3, Members' statements. The honourable Member for Mackenzie Delta, Mr. Krutko.

Privatization Of Petroleum Products
Item 3: Members' Statements

Page 316

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Speaker. Mr. Speaker, for several years now I have been working with the communities of Tsiigehtchic and Fort McPherson to consider the possibility of privatizing petroleum products in that community. Several proposals have been submitted to the Minister over the years, yet to date, there has been no movement on the proposals.

Mr. Speaker, what alarms me the most is that I just received a letter from the chief of Fort McPherson, Mr. Abe Wilson, regarding the department clearly stating that the GNWT has recognized that its current agenda is too busy to address the issue at this time. Consequently, it will defer the decision and that no commercialization of petroleum products revolving funds will be considered prior to April 1, 2003.

Yet, Mr. Speaker, two years ago privatization of petroleum products took place in Tuktoyaktuk with no problems. They met the requirements. Two years later, this proposal has gone back and forth. A lot of time, effort and money has been spent to develop these proposals to put forth to this government. The Tetlit Gwich'in Co-op in Fort McPherson and the Tetlit Gwich'in Band Council have been working together to find a way to provide petroleum services in Fort McPherson, and the same with regard to the band in Tsiigehtchic.

I find it awfully alarming, Mr. Speaker, that all this work and effort has been put together and now the arguments are that because of the review of the Power Corporation everything is in jeopardy, because part of that review calls for the Power Corporation to consider taking over petroleum products in all of our communities.

I find it awfully alarming when we talk about working along with communities, trying to develop economic opportunities, giving them the opportunity to do things for themselves, and getting government out of the lives of the people in the communities. This is an opportune time to do that. Yet, Mr. Speaker, from this letter, received July 11th, and for myself to have it faxed to me just today, it is alarming as a Member of this House who is not aware that this is a decision made by this department without telling any Members of this House that there has been a delay in a process where everyone else had an opportunity. I will have questions for the Minister on this matter later. Thank you.

-- Applause

Privatization Of Petroleum Products
Item 3: Members' Statements

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Krutko. Item 3, Members' statements. The honourable Member for Great Slave, Mr. Braden.

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Speaker. Mr. Speaker, at this moment, there is a very serious crisis involving a missing 14-year-old boy, Bosco Homes in Alberta and our Department of Health and Social Services. The crisis also extends to the boy's family here in Yellowknife and sadly, to the almost total lack of compassion and information our government is able to give to the boy's mother.

Mr. Speaker, Bobby's case, and of course that is not his real name, goes back to last fall when he was apprehended and taken over as a ward of this government under the Child Welfare Act. He was referred to Bosco Homes for assessment and has been kept there since for treatment.

Two days ago, Bobby was reported missing from the Bosco Treatment Ranch outside of Edmonton. His mother got a phone call from Bosco simply telling her Bobby was missing and that the investigation was in the hands of the RCMP.

Since then, Mr. Speaker, she has received only one other phone call -- this morning, in fact -- from our child welfare office, asking if she had any other information. I have contacted the Minister's office, Mr. Speaker, and insisted that somebody directly involved with the search contact Bobby's mother and at least tell her what they know and what they are doing about it. However, as of this moment, after more than two days, even that simple gesture has not been acted on.

Mr. Speaker, most of us in this Assembly are parents. I would ask what would be going through our minds now if we knew that our teenager was missing a thousand miles away and nobody was telling us what was going on. I have talked to the boy's mother several times today and yesterday. She is distraught. She is desperate. She feels totally abandoned and helpless.

Mr. Speaker, this boy is a ward of this government. He is in our care. Why have we not involved the parent and the family in this distressing event? What are we doing to make sure that every available resource is put to work to find him? Beyond this, Mr. Speaker, just what is the level of care and treatment Bobby is involved with in the Bosco Ranch? Even this information has not been made available to the parent. Why not?

Mr. Speaker, this disappearance follows other allegations over the past month of physical abuse and mistreatment while in the care of the Bosco Home. These allegations are already under investigation by the Department of Health and Social Services. Mr. Speaker, I ask for unanimous consent to conclude my statement.

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Braden. The honourable Member is seeking unanimous consent to conclude his statement. Are there any nays? There are no nays, Mr. Braden. You may continue.

Bill Braden

Bill Braden Great Slave

Thank you, Mr. Speaker. I would ask, do we have other kids under care at Bosco Homes outside of the Northwest Territories? If so, I must call into question how they are being treated. In light of Bobby's situation, I must call into question whether we should be bringing all of them home to the NWT.

This is a disturbing case. It involves people in our society who have so little and do not have the resources to help themselves. I will be asking the Minister of Health and Social Services later today for help in getting answers for the family. Thank you.

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Braden. Item 3, Members' statements. The honourable Member for Deh Cho, Mr. McLeod.

Fort Providence Land Leases And Taxes
Item 3: Members' Statements

Page 317

Michael McLeod

Michael McLeod Deh Cho

Thank you, Mr. Speaker. Today I would like to talk about land leases, land taxes and the confusion and unfairness surrounding this issue in the community of Fort Providence. Mr. Speaker, this has been an ongoing issue for many years now and is resulting in a considerable burden of outstanding arrears to the land division. Many of these people are low-income earners and do not have the ability to pay.

I have constituents, Mr. Speaker, who live in houses built by Indian Affairs 30 or 40 years ago. These people have lived in the same house, on the same piece of land all these years without having to pay leases or taxes, and lately they have been told that they are living on Commissioner's land and they have to pay for living on these lands.

Mr. Speaker, the situation is very stressful for my constituents, especially when the territorial and federal governments seem to be confused on this issue. They cannot tell us when the lands in question were transferred from Indian Affairs to the GNWT. The GNWT claims that they are trying to straighten out their files and they cannot find the records of transfer yet. The federal government tells us that their records are in a mess and they want time to sort it out. In the meantime, the people in my riding have to live with the possibility of eviction from property they thought belonged to them.

In addition, Mr. Speaker, as everyone is well aware, the lands in the Deh Cho are currently the subject of negotiations between the Deh Cho First Nations and the Governments of Canada and the Northwest Territories. The lands in question could very well be part of lands that are selected by the Deh Cho First Nations.

Mr. Speaker, I strongly urge this government to put a moratorium on charging First Nation residents of Fort Providence taxes or lease payments until this matter is sorted out. This, I think, would show respect for the people of Fort Providence in the bargaining process. Thank you, Mr. Speaker.

-- Applause

Fort Providence Land Leases And Taxes
Item 3: Members' Statements

Page 317

The Speaker

The Speaker Tony Whitford

Thank you, Mr. McLeod. Item 3, Members' statements. The honourable Member for Range Lake, Ms. Lee.

Special Needs Services At Range Lake North School
Item 3: Members' Statements

Page 317

Sandy Lee

Sandy Lee Range Lake

Thank you, Mr. Speaker. Mr. Speaker, I would like to take this opportunity to speak about a concern that one of my constituents has with respect to the support being provided for her child, who is in need of special needs assistance at Range Lake North School.

Mr. Speaker, last fall I spoke about my experience of job shadowing a special needs assistant at the Range Lake North School, her name being Hayley Morris, who has done an amazing job in giving support to two children with autism at the school. I thought that, and I said so at the time, the reason why these children have shown so much progress, and Kelton specifically was able to get a great deal of benefit out of the inclusionary policy, was that the teacher was very dedicated and their relationships were so strong.

It was for this reason that I was absolutely shocked when I found out that the Yellowknife #1 District has had to move this teacher to another school, and this was not known until five days before the end of the school year. I have tried all I can, along with the parents and the teachers involved, the administration and the Minister to see if this decision could be revisited, without any success at all. I am told that part of this has to do with lack of funding in this area and the budgetary problems that the board had experienced, as well as the fact that there are just not enough trained personnel within the district.

Mr. Speaker, I do not know what else to do other than to say that we have to acknowledge that we have failed miserably in this process. My question is, when we have approved additional funding for special needs, why do I have to experience this over and over again?

I just got a letter saying that the district is reviewing the whole policy, when I would think they should have that in place before they had the money. I would like to urge the Minister to work with the board to address this very serious issue being experienced in all of the Territories. Thank you, Mr. Speaker.

Special Needs Services At Range Lake North School
Item 3: Members' Statements

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The Speaker

The Speaker Tony Whitford

Thank you, Ms. Lee. Item 3, Members' statements. The honourable Member for Inuvik Boot Lake, Mr. Roland.

Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Speaker. Mr. Speaker, today I would like to speak on activities that are happening during the summer months, especially in the community I represent. Mr. Speaker, it has been an event that happens every year ever since I was born and I can recall that during the summer months many of the people of Inuvik and the Delta would travel out to their summer camps and to their whaling camps. A lot of families partake in that and take in some hunting to supply their needs over the winter.

I would like to wish them all the luck and wish them safe boating and hunting as they partake in their cultural activities. I miss the fact that I have not been able to get out on the land myself so far this summer, but I wish them all the best in their hunting and being able to survive and continue to promote their cultural activities with their children and grandchildren.

Mr. Speaker, it is important that we continue to do these activities that take us and slow us down, I would say to a certain degree, from our community jobs and the events that take place throughout the year. As well, I would like to encourage those who are new to the community and the Territories as well, to enjoy what this great land has to offer, and to join in with new friends and family to see what we can do to encourage and promote and cultural activities that go on traditionally.

With that, Mr. Speaker, I would just like to wish my family, my mom and dad who are out at the whaling camp, the very best and safe hunting.

-- Applause

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Roland. Item 3, Members' statements. The honourable Member for Tu Nedhe, Mr. Nitah.

Wishes For A Safe And Enjoyable Summer
Item 3: Members' Statements

Page 318

Steven Nitah Tu Nedhe

Mahsi, Mr. Speaker. Mr. Speaker, today being probably our last day in the session for the summer, I would like to go back a year and recognize a date that the people of the Akaitcho territory celebrated the 100th year centenary of their treaty with great celebrations in the community of Tulita. With that, I would like to say hi to the people of Tulita, Fort Resolution, and hope that they enjoy their summer.

I would also like to recognize the annual pilgrimage that the people of Lutselk'e take annually to Desnedhe Ché, just outside of Fort Reliance to visit the Our Lady of the Falls and seek spiritual assistance and direction. I would like to wish them a safe and productive trip, and I would like to wish all the people of the Northwest Territories the best that summer has to offer them and safe travel to everyone. Mahsi, Mr. Speaker.

-- Applause

Wishes For A Safe And Enjoyable Summer
Item 3: Members' Statements

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The Speaker

The Speaker Tony Whitford

Mahsi, Mr. Nitah. Item 3, Members' statements. The honourable Member for Frame Lake, Mr. Dent.

Family Violence Legislation
Item 3: Members' Statements

Page 318

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, in March I asked the Minister of Health and Social Services if she would make herself aware of family violence legislation in other jurisdictions. She agreed that she would and would consider bringing forward similar legislation if it proved worthwhile in those other jurisdictions.

Mr. Speaker, Yukon, Saskatchewan, Prince Edward Island and Alberta have such legislation, and others like Ontario are moving to bring it in. Over the past four or five months I hope that the Minister has looked at this legislation in these jurisdictions and will soon tell the House that she is planning to bring similar legislation forward here.

Mr. Speaker, what is the big difference between what we currently have and what you will find in places like Alberta, where they have the Protection Against Family Violence Act? I think the biggest difference is that these acts tend to focus on protection rather than on punishment. I am speaking specifically about Alberta. The purpose of the act there is to provide effective and accessible protection for victims of family violence, while at the same time responding to concerns raised about due process and the need to guard against frivolous or vexatious applications.

A few features of this legislation in Alberta provide police officers with the option of a civil response to family violence calls rather than a criminal code response. The Alberta legislation provides three types of protection under the act -- emergency protection orders, Queen's Bench protection orders and warrants permitting entry. Mr. Speaker, police officers in Alberta can request by phone emergency protection orders from presiding Justices of the Peace on a 24-hour basis.

This Alberta legislation is seen as effective because it allows for more options for police officers and an immediate response to family violence. Victims often do not want to go to court but want out of the situation, so the emergency protection order is perceived as a very useful tool because it does not require a criminal charge. Mr. Speaker, the EPOs can also provide for the arrest of the perpetrator if the orders are breeched, and this is what provides the effective force in a situation.

Again, I hope the Minister will agree that she is going to move forward with the lead that we have seen in these other jurisdictions like Alberta and I will be asking her later today during question period if we can expect to see such legislation soon. Thank you.

-- Applause

Family Violence Legislation
Item 3: Members' Statements

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Dent. Item 3, Members' statements. The honourable Member for Hay River North, Mr. Delorey.