Debates of Oct. 29th, 2002

This is page numbers 1231 - 1274 of the Hansard for the 14th Assembly, 5th 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 chairman.

Topics

Members Present
Item 1: Prayer
Youth Corps Program
Launch Of The United Way Foundation
Capital Infrastructure Concerns In Mackenzie Delta
Beaufort-delta Leaders' Meeting
Support And Caring For Seniors
Senior Citizens Home Repair Program
Addictions Treatment In The Nwt
Vital Statistics Format Change For Marriage Certificates
Expressing The Will Of The Silent Majority
National Skills Canada Competition
Item 5: Recognition Of Visitors In The Gallery
Vital Statistics' Provision Of Marriage Certificates
Update On Mackenzie Delta Capital Projects
Senior Citizens Home Repair Program
Addictions Treatment Facilities In The Nwt
Public Housing Rent Scale
Public Housing Rent Assessment
Liquor Licensing For Sunday Openings
Proposal For College Residence In Inuvik
Paramount Resources Payment Of Sub-contractors
Bridge Safety Improvements In Rae-edzo
Affirmative Action Policy Concerns
Coroner's Inquest Recommendations
Capital Funding For Highway No. 8
Committee Report 12-14(5): Special Committee On The Implementation Of Self-government And The Sunset Clause Progress Report
Tabled Document 68-14(5): Workers' Compensation Board 2001 Annual Report
Tabled Document 69-14(5): Towards Excellence A Report On Education In The Northwest Territories, September 2002
Tabled Document 70-14(5): Overview Of Canada's Draft Climate Change Plan
Tabled Document 71-14(5): Economic Development Planning Workshop And Action Plan, Fort Mcpherson, Nt
Tabled Document 72-14(5): Highway Investment Strategy Expenditure Plan, 2001/02-2004/05
Request For Special Audit By The Auditor General Of Canada On The North Slave Correctional Centre (carried)
Bill 29: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
To Amend Clause 7 Of Bill 1 To Delete Sub-clause (2) (carried)
To Amend Clause 7 Of Bill 1 By Adding Sub-clause (6) (carried)
To Amend Clause 11 Of Bill 1 To Add Sub-clause (3) (carried)
To Amend Clause 12 Of Bill 1 To Add Sub-clause (3) (carried)
To Amend Clause 13 Of Bill 1 To Add Sub-clause (2) (carried)
To Amend Clause 16 Of Bill 1 (carried)
To Amend Clause 17 Of Bill 1 (carried)
To Amend Clause 22 Of Bill 1 (carried)
To Amend Clause 51 Of Bill 1 (defeated)
To Amend Clause 51 Of Bill 1 (carried)
To Amend Clause 62 Of Bill 1 (carried)
To Amend Clause 63 Of Bill 1 (carried)
To Amend Clause 74 Of Bill 1 (carried)
To Amend Clause 75 Of Bill 1 (carried)
To Amend The Preamble Of Bill 1 (carried)
To Amend The Preamble Of Bill 1 (carried)
Recommendation For An Open And Transparent Human Rights Commission Selection Process (carried)
Recommendation To Amend The Legal Services Act (carried)
Recommendation To Study The Implications Of Expanding Current Protections With Respect To Criminal Convictions In The Human Rights Act (carried)
To Amend Clause 3 Of Bill 22 (carried)
To Defer Clause 7 Of Bill 22 (carried)
Item 20: Report Of The Committee Of The Whole
Item 22: Orders Of The Day

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Law Clerk Ms. Peterson

As Mr. Dent has indicated and as referred to in the committee report, likely there is protection for discrimination on the basis of gender identity under the ground of sex. There is some case law that says that this is an analogous ground and that protection has been extended to those alleging discrimination on the basis of gender identity. I think the committee report indicates that if that is what you mean, then that is what your legislation should say.

So rather than assuming that the courts will continue to interpret discrimination on the basis of sex to include gender identity, let's make it abundantly clear by simply saying that. I believe that was the thrust of the committee decision on that.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Ms. Peterson. To the motion. Mr. Dent.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Frame Lake

Mr. Chairman, I was just going to relate one of the examples that we were presented with by witnesses in front of the committee to demonstrate this situation. An individual who is in the process of undergoing a sex change, for instance, is required to live as the opposite sex for a period of time before the operations. In an instance where this was happening, the employer all of a sudden finding out that somebody was presenting for work as a member of the opposite sex initially had no problems with it, but after a week decided that the person should be without a job. In that sort of situation where somebody is transgendered and in the process of making a change, this inclusion would explicitly protect from discrimination.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Dent. Mr. Lafferty, to the motion.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Leon Lafferty North Slave

Thank you, Mr. Chairman. I guess this is the right time to bring it back up again. I would like to ask a question as to how they would deal with the situation. I will give an example of someone in a work place that is one sex but continues to use a different sex's washrooms or facility and then is fired because they are violating the privacy of the opposite sex. Is that a ground for firing this person? What happens here?

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Lafferty. I would just like to remind Members that we are speaking directly to the motion here. Once we get past this then you can ask questions to the Law Clerk but right now we are speaking to the motion. I will refer your questions to the Law Clerk now. Ms. Peterson.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Law Clerk Ms. Peterson

Thank you, Mr. Chairman. Mr. Lafferty always seems to come up with the most interesting questions and ones that may not be that easy to answer. I would think that an employer running a place of business that has as employees, and I will try and be very careful in my wording here, both biological men and biological women as employees, and one of those employees is transgendered I would think that it is appropriate for the employer to require that you use the facilities appropriate to your biology, and until that biology changes through the miracles of science, that is a reasonable requirement. If the employee rejected that and caused discomfort and disarray among the remaining employees, yes that would be a ground for if not termination certainly reprimand leading up to that point in time.

It is always difficult to predict how these things are going to actually play out, and I know that that is a concern of Members. When you enact legislation it may look fine on paper, but what is it going to really be like when it is on the ground and in operation. I would like to think that common sense and reason prevails in those kinds of areas. I cannot guarantee that, but that would be my hope. Thank you, Mr. Chairman.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Ms. Peterson. To the motion.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Question.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Question is being called. All those in favour. All those opposed. The motion is carried. Clause 5 as amended.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 38-14(5): To Amend Clause 5 Of Bill 1 To Add "gender Identity" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Mr. Braden.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Bill Braden

Bill Braden Great Slave

Mr. Chairman, I would like to move an amendment to clause 5. I move that sub-clause 5(1) of Bill 1 be amended by adding "family affiliation, political belief, political association" after "family status". Thank you, Mr. Chairman.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Paul Delorey

Thank you, Mr. Braden. The motion is in order. To the motion. Mr. Bell.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Brendan Bell

Brendan Bell Yellowknife South

Just quickly, Mr. Chairman, I wanted to explain where the impetus for this motion came about. Currently these protections are only in our Human Rights Act as it is proposed in effect when dealing with employment, Mr. Chairman, but we heard from some of the presenters that there was a concern that possible discrimination on the basis of family affiliation, political belief, political association, could happen in situations where we are talking about provision of services. For instance, in a community where housing is given out on the basis of certain criteria, some may have felt that in the past there has been discrimination based on what family or political associations you may or may not have. The committee's feeling was that certainly these prohibited grounds for discrimination should be extended and expanded beyond simply employment to some of these other situations. Thank you.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Thank you, Mr. Bell. To the motion.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Question.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Question is being called. All those in favour. Excuse me, I do not recognize a quorum so I will ring the bells. Excuse me could I have some order. We have a motion on the floor. Question has been called. All those in favour. All those opposed. The motion is carried. Clause 5 as amended.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Agreed. Clause 6.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Clause 7.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Mr. Bell.

Committee Motion 39-14(5): To Amend Clause 5 Of Bill 1 To Add "family Affiliation, Political Belief, Political Association" (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Chairman. The committee has another motion to move.