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)

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 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Brendan Bell Yellowknife South

I MOVE that clause 63 of Bill 1 be deleted and the following be substituted:

63. On the adjudication of a complaint, an adjudicator may order the party responsible for the complaint or for the conduct to pay all or some of the costs of any other party where the adjudicator is satisfied that:

(a) the complaint is frivolous or vexatious;
(b) the investigation or adjudication of the complaint has been frivolously or vexatiously prolonged by the conduct of the party; or
(c) there are extraordinary reasons for making such an order in the particular case.

Thank you, Mr. Chairman.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

The motion is in order. To the motion. Ms. Lee.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Sandy Lee Range Lake

Thank you, Mr. Chairman. May I have advice from the Law Clerk as to what is the law on this, as to what would reasonably constitute something frivolous, vexatious...what does the court say about that?

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Ms. Peterson.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Law Clerk Ms. Peterson

Thank you, Mr. Chairman. Normally, frivolous and vexatious, which comes up as you may know in a number of different contexts in the law, is considered to have some element of knowingly without substance, so that something is frivolous or vexatious when the party making the complaint either knew that it was not a valid complaint or the complaint was so trivial in nature as to be inappropriate, to put parties through the cost of having to respond to it. Thank you, Mr. Chairman.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Thank you, Ms. Peterson. To the motion. Question has been called. All those in favour? All those against? The motion is carried. Clause 63 as amended.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Some Hon. Members

Agreed.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Just for the record, I would like to go back to clause 62. Clause 62, as amended.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Some Hon. Members

Agreed.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Clause 64.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Some Hon. Members

Agreed.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Clause 65.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Some Hon. Members

Agreed.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Clause 66.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Some Hon. Members

Agreed.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Part 6, general, clause 67.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Some Hon. Members

Agreed.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Clause 68.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Some Hon. Members

Agreed.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Clause 69.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Some Hon. Members

Agreed.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

The Chair David Krutko

Clause 70.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1265

Some Hon. Members

Agreed.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1266

The Chair David Krutko

Clause 71.

Committee Motion 51-14(5): To Amend Clause 63 Of Bill 1 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1266

Some Hon. Members

Agreed.

Debates of Oct. 29th, 2002

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