Thank you, Mr. Chairman. I would like to make some comments as well, that the government does not support this amendment. The object of human rights legislation is to promote respect for human rights in our society. The general purpose is not to punish.
However, there are offence provisions so that a person in serious breach of the law can be prosecuted. Sub-clause 62(3)(a) of the bill includes a power to make an award to compensate a complainant for injury to dignity, feelings and self-respect. In addition to other remedies to compensate the complainant.
This helps to meet the objective of the scheme of ensuring that a successful complainant is fairly compensated. Some other jurisdictions in Canada do allow for exemplary or punitive damages but most of those do not allow for both damages like the ones we have under sub-clause 62(3)(a)(v) and for exemplary or punitive damages.
In addition, there is a concern that since the respondent in the private sector will not have the assistance of an advocate through the human rights office, the respondent will have to bear the full costs of defence against a complainant.
If the person is found to be at fault, they will have to further compensate a complainant including compensation relating to injury to dignity, feelings and self-respect. As most employers in the Northwest Territories are small, the addition of exemplary or punitive damages could result in financial hardship.
We are starting with a new Human Rights Act and a new Human Rights Commission. It is possible that people will discriminate against others without knowing it. Until the commission has had enough time to really get human rights education and promotion going, the government believes that adding exemplary or punitive damages would be unfair.
The government also has some concern that including this kind of damages could result in significant cost implications for the GNWT if damages are awarded against us. We will have a new act with new grounds of discrimination. The government, of course, will act in good faith, but it is impossible to predict the certainty of how such things will be interpreted. Thank you.