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 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

The motion is in order. Mr. Minister.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Roger Allen

Roger Allen Inuvik Twin Lakes

Mr. Chairman, I will have Ms. Cooper respond to that. Thank you.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Cooper

What is going to be done, in effect, if this motion passes is to clarify the provision. We have been told by our translators that the French is already clear that only one adjudicator will hear a matter, so any court looking at this issue would look at both sides of the equation. Likely it is going to be interpreted that only one adjudicator would hear a matter. The motion is going to clarify that.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

To the motion. Mr. Dent.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Chairman. Perhaps I could find out, in the case where suppose we had a complex case that is brought forward, perhaps a class action against a large employer in the Northwest Territories and the adjudication is dragging on for quite some time and perhaps let's say the adjudicator perhaps falls seriously ill, becomes incapacitated, and is unable to continue, what happens in that case?

Would this, because only one is now allowed to do the adjudication, mean that the whole process would have to start over again, even if it had been going on, say for ten or 11 months?

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Ms. Cooper.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Law Clerk Ms. Cooper

Likely it would have to start over again. I am not sure, perhaps the Law Clerk could add something to that as she has had more experience with administrative law.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

Ms. Peterson.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (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. I think likely it would have to start over again. One of the principles of administrative law is that a decision maker has to be the recipient of all of the evidence that is pertinent or relevant to the decision to be made in any particular matter. I suspect that that is what would have to happen.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Krutko

To the motion. Question has been called. All those in favour? All those against? The motion is carried. Clause 51 as amended.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1263

The Chair

The Chair David Krutko

Agreed. Clause 52.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1263

The Chair

The Chair David Krutko

Clause 53.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (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 54.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (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 55

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1263

The Chair

The Chair David Krutko

Clause 56.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1263

Some Hon. Members

Agreed.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1263

The Chair

The Chair David Krutko

Clause 57.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1263

Some Hon. Members

Agreed.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1263

The Chair

The Chair David Krutko

Clause 58.

Committee Motion 49-14(5): To Amend Clause 51 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1263

Some Hon. Members

Agreed.