This is page numbers 1105 - 1142 of the Hansard for the 14th Assembly, 6th 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 justice.

Topics

Supplementary To Question 355-14(6): Nwt Sport And Recreation Board
Question 355-14(6): NWT Sport And Recreation Board
Item 6: Oral Questions

Page 1124

Paul Delorey

Paul Delorey Hay River North

Thank you, Mr. Speaker. Mr. Speaker, I was just wondering if the Minister knows of the exact date. Have we set an implementation date for this new board with the new lotteries regulations in place when all of that is going to take effect? Thank you, Mr. Speaker.

Supplementary To Question 355-14(6): Nwt Sport And Recreation Board
Question 355-14(6): NWT Sport And Recreation Board
Item 6: Oral Questions

Page 1124

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Delorey. The honourable Minister of MACA, your final answer.

Further Return To Question 355-14(6): Nwt Sport And Recreation Board
Question 355-14(6): NWT Sport And Recreation Board
Item 6: Oral Questions

Page 1124

Vince Steen

Vince Steen Nunakput

Thank you, Mr. Speaker. Mr. Speaker, we don't have a specific date but it would require the Minister's signature to make changes to the Western Canada Lottery Regulations and put in place a sports, recreation and physical activity policies, that is what it is called. I don't have a set date. Thank you.

Further Return To Question 355-14(6): Nwt Sport And Recreation Board
Question 355-14(6): NWT Sport And Recreation Board
Item 6: Oral Questions

Page 1124

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Minister. The time allocated for question period is over. Item 7, written questions. Item 8, returns to written questions. Item 9, replies to Opening Address. The honourable Member for Sahtu, Mr. Kakfwi.

Item 9: Replies To Opening Address
Item 9: Replies To Opening Address

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The Speaker

The Speaker Tony Whitford

Mr. Kakfwi's Reply

Item 9: Replies To Opening Address
Item 9: Replies To Opening Address

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. Mr. Speaker, I want to take a little bit of time today to share some of my thinking and thoughts with the Members here, who I've worked with over the last four years. I have spent a lot of time in my job, in my life, thinking about the future of the territory and the future of our people, the future that they have together, and I have spent a lot of time thinking about it over the summer.

I've spent I'd say about 95 percent of my time in the last year on the road in the communities and not a great deal of time in the office, the physical office of the Premier. I have also spent a lot of time thinking about my role as an elected leader and the style of leadership that I provide and I also don't provide. There is a certain approach that I take in the work I do. It has not changed much in all the years that I have been providing my share of leadership to the people that I represent. I've served 16 years in the legislature and the entire time I've been a Member of the Cabinet, 12 years as a Minister and four years as a Premier.

Recent developments and events have buoyed me very much. After years of fighting and struggling to get attention, to get the respect and some attention and commitment to deal with the issues that are put in front of this country, I believe that the base and the foundation that we require to address and get these to conclusion are in place. We have a current Prime Minister who is committed, his government and his office, to concluding devolution and revenue sharing. We have the incoming Prime Minister, who I believe will be Mr. Paul Martin, who has committed to us that there will be a net fiscal benefit included in revenue-sharing talks.

We have made a rather dramatic change in our discussions with De Beers, clarified some rather confusing moments and statements recently and I believe I am now back on track, assuring our territory, our government, our people, that we will get a share of diamond production from Snap Lake and that the project will proceed on time.

I believe that the pipeline that we've been talking about and discussing and promoting in the South over the last three and a half years will proceed according to plan with our conditions and demands met over the next few years. The oil and gas development and the companies and industry are set to give a fair deal, a balanced approach to our communities and our people.

I believe that the lobbying we've been doing as a government, as Members of the legislature, on infrastructure will see results in the next while, thanks to the work of Minister Handley, Minister Antoine, other Members of Cabinet and you, the Members of the legislature; the business community and the Chamber of Commerce, amongst many.

Our economy, Mr. Speaker, is the envy of everyone in Canada. Those of you that have followed the Globe and Mail, the national newspaper, in the last few weeks realize, although it started a bit inadvertently by statements on my part in my attempt to get attention. We did get attention, we got a lot of attention, but more than anything we got understanding from the media, from politicians, from industry and corporations right across this country. They know what it is we're saying, they know what we want and they know it is reasonable and that it should happen.

Item 9: Replies To Opening Address
Item 9: Replies To Opening Address

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Some Hon. Members

Hear, Hear!

Item 9: Replies To Opening Address
Item 9: Replies To Opening Address

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Aboriginal rights were virtually non-existent in the 1970s when I first got involved. Today and recently, we're seeing Metis people being recognized in their own standing, on their own as a distinct people with full rights. This is a tremendous event for all our people, not only across Canada, but here in the Northwest Territories.

I believe that because of our dream, our hard work, that the quality of life is improving in our territory, in our communities and amongst our people. It is true that we have our share of difficulties -- drugs, alcohol, family abuse, violence -- and we will always have that. But I believe we are better off because we have a plan, we have an economy and we give hope to our young people, to our families. There are jobs for those that need jobs. There is a social safety network for those that need help, that need our care.

More than anything, I believe we are a strong people. We've had our share of pain and difficulties over our history, but because of that we're also stronger because we're dealing with it and we have a plan in the future.

One of the great joys of my life has been to see where I started there was very much a separation of people of treaty descent between Metis and Northern people, the business community, this government, the federal government and the different peoples that we are. Over the course of the last 30 years I have seen us become neighbours, partners and friends and this government, in particular, become much closer to truly representing all people and making all people feel that this is their government and this is their Assembly.

There is still a lot of work to be done. There are still institutions to change, but that is our work. I believe we will continue doing that in the future. What has come out of that, I believe, is a unique culture and a unique identity that as Canada starts to see us as an emerging, significant, prominent part of confederation, they also see us as a collective of peoples; a diverse mosaic of cultures and traditions coming together to be seen by the rest of the world and Canada as a very distinct people: the people of the Northwest Territories.

We've spent many years thinking about the things we're going to do, talking about the things we're going to change. We've learned one thing: that we must have a high degree of tolerance. That is the only way we can get the respect and diversity we have and have tolerance for ideas that are different, values that are different, perspectives and attitudes that are different. This leads to new ideas and new ways of doing things.

We have leaders and we are the leaders who embrace the need for change. We've learned to respect one another. Respect our cultures and our languages and our different ways of life. In recent years, I believe increasingly there has been a marked growth and increase in our enthusiasm for the future, for working together. This is where I am today.

In spite of the difficulties and the challenges we have, I am very confident about the future of our peoples, our territory and this government. Always when we started as young people...Many of us who started together had an inherent desire to bring people together. The initial documents that came out of the Dene Nation and the movement talked about tolerance and about bringing people together and having governments, not for each of us separately, but for all of us. We talked endlessly about the rights of non-aboriginal people here on our land in the territory and how to extend and make sure that we become a community and a people together.

Through the years that I've worked, I've also extended my enthusiasm for trying to support the Metis and their work, the Inuit and their work and I've taken part in helping to define the boundary between the Inuit, the Dene and the Metis in the claims negotiations. That was the basis on which we used as a boundary for dividing our two territories.

We've been part of negotiating with many people; the Vatican, the Government of Canada, provinces, animal rights groups, BHP, Diavik, Rio Tinto and, most recently, De Beers. I think in all our dealings in recent years, increasingly people know we are serious, we are committed and we have an inherent belief that we have to be strong. We have to be warriors if we are going to get anything done and we will settle for no less.

All of us, we see strength and inspiration from our own sources and some of us from the same. It's our land, it's our elders, our youth and our families. All of us depend on our spouses, our friends, our children for strength and order in our lives. My wife Marie has believed in me, my strengths and weaknesses, and I thank her for that.

Over the course of the summer, I've thought about how much more I can contribute and if this is the place that I should continue to serve the people of the North. I thought about my constituency and I talked to my family. I talked to my wife and children. It came to a day when I needed to make a decision. So it's not something that was easy to make, but most of the time I feel very good about it. If I sound a bit emotional it's because it's taken me a little while to get to this moment.

Because I have not taken occasion to talk to my constituents in the Sahtu, I want to tell them now before I turn to you, my Members, that to the people of the Sahtu I wish to inform them now that I will not seek re-election as an MLA and that I will not seek re-election as a member for the Sahtu.

To those of you that are here as my colleagues in the legislature, I want to tell you as well that I will not be seeking election, obviously, as the Premier, as a Member of the Executive. I will not be seeking re-election to be a Member of the next legislature.

What I will do is continue to work until my last day in office as your Premier. There is still work that I can do with Ottawa, with the Premiers, with De Beers, with other partners that we have to continue advancing our agenda. We have momentum. The confidence is there, the enthusiasm is there and this is what I will promise you.

I have a huge sense of accomplishment right now. The last 16 years have been great. I've learned a great deal about myself, about the strengths I have and the weaknesses. They've become glaringly evident to all of you who have had the good fortune to work with me in my new perspective. I don't apologize for them. I know the weaknesses I've had. I've learned to deal with them. I've learned to address them. So, personally, I've grown from those things that have become evident in the course of my work. Dealing with alcoholism and many other things in my life have made me a better man for it.

Being Premier, I should tell you is the best job in the world. It is also the toughest job I've ever had. My wife was telling me, it's a statement about you because you also said that when you were president of the Dene Nation. Every job is the toughest job. It's also the best job because you enjoy it so much and you give it everything you've got.

I can tell you that I believe that all of our peoples and all our leaders are well placed for the future. I believe we're together and we can see what it is that is available to us, what we have done together. My vision is your vision, it's our people's vision. I look forward to working with all of you, the community leaders, with the people of the North, in the future. There will be other opportunities and occasions to do things together. I will be here, always, to support you, to support the government, support our communities and our leaders as we go about those things that we know are within reach and available to us.

I want to thank the people in government who have made it possible for us to accomplish so much in the last few years. I want make special thanks to Vital Manuel who is a constituent of mine and has worked in my office for many years, for his devotion and commitment and for being my friend as well as being my long-term office worker. I want to like my personal staff and departmental staff, Melody Morrison and John Tees, Lisa Goulet, Neysa Roberts, Debbie Baert-Reid, Drew Williams, Liz Snider, Gabriela Sparling, George Braden, all of whom I've asked to come and be in the gallery today.

On occasions like this it's important to say many things and not to forget, but I wanted to be as short and punctual, as Spartan as possible. I don't want to be emotional about it. I'm here. I want to take the occasion to thank the public, who surprised me many times over the last two years, the last four years, with the tremendous support and enthusiasm and the work that I'm doing personally for the work of this Cabinet and this legislature. This is how I read it, all of us took leaps of faith sometime in our lives and people of the North, Members here in the House, have taken the leap of faith by voting me into office and sticking with me through the many events and days and weeks and months and years that we spent together. I want to thank you for that. God bless you in your work to continue seeking election to serve people. I, on my part, will wish you all well and work to make sure that the next few weeks, next two months as your Premier, I will continue to do what I can to promote and maintain the momentum that we have created in the last few months.

I again just want to thank my wife for coming out this afternoon. She's just been great. My daughter Kayla and Amos in Calgary, my grand-daughter Maslyn, my daughter Daylyn in Fort Smith, my son Keenan in Yellowknife. My mother, who I spoke to this morning, who as usual said, when are you going to come home. I said to Mom laughingly, probably sooner than you think. She's been asking me since 1970 and we had a good laugh about it, a nice talk. I just want to thank, as well, my older brother, Everett, who's been there with me for many years. So thank you very much and thank you for being here with me. Thank you. Mahsi.

---Applause

Item 9: Replies To Opening Address
Item 9: Replies To Opening Address

Page 1126

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Premier. I want to be the first to say how sorry I am to hear that you're not seeking re-election, but I also want to be the first to offer congratulations on making that decision and to thank you for working with me for the past 12 years that I've been in politics.

Are there any other replies to the Opening Address? If not, I think this would be an appropriate time to take a 15-minute break.

---SHORT RECESS

Item 9: Replies To Opening Address
Item 9: Replies To Opening Address

Page 1126

The Speaker

The Speaker Tony Whitford

The House will come back to order. Item 10, petitions. Item 11, reports of standing and special committees. The chair recognizes the honourable Member for Deh Cho, Mr. McLeod.

Committee Report 17-14(6): Report On The Review Of The Languages Commissioner's Annual Report 2001-2002
Item 11: Reports Of Standing And Special Committees

September 30th, 2003

Page 1127

Michael McLeod

Michael McLeod Deh Cho

Thank you, Mr. Speaker. Report on the review of the Languages Commissioner's annual report 2001-2002.

History

The Official Languages Act was passed by the Legislative Assembly of the Northwest Territories in 1984. The act guarantees equal status for the use of Canada's two official languages for members of the public using government programs and services. The act also officially recognized the aboriginal languages spoken in the Northwest Territories.

In 1990 amendments to the act gave greater status to northern aboriginal languages and recognized the need to protect aboriginal culture through the promotion of the use of aboriginal languages. The 1990 amendments also included the creation of the position of the Languages Commissioner to be appointed by the Legislative Assembly for a term of four years.

Review Of The Official Languages Act

Section 29(1) of the act required a review of the Official Languages Act following December 31, 2000. A special joint committee was established in November of 2000 to examine the effectiveness of the current legislation to protect both Canada's official languages and the aboriginal languages of the Northwest Territories. The Special Committee on the Review of the Official Languages Act presented its final report to the Legislative Assembly in March 2003, containing 64 recommendations accepted by the House.

Languages Commissioner

According to Section 20(1) of the act, the duties of the Languages Commissioner are:

...to take all actions and measures within the authority of the Languages Commissioner with a view to ensuring recognition of the rights, status and privileges of each of the official languages and compliance with the spirit and intent of the act in the administration of the affairs of government institutions, including any of the activities relating to the advancement of the aboriginal languages in the Territories.

The Commissioner has the authority to investigate any complaints made to her office or may initiate an investigation if it is warranted. The Commissioner may also issue opinions on complaints and make recommendations to institutions as she deems necessary. If, after a reasonable amount of time, the Commissioner's recommendations have not been acted upon by the institution, the Commissioner may make a report to the Legislative Assembly.

The Commissioner is also required to submit an annual report to the Legislative Assembly. Ms. Fibbie Tatti was appointed to the position of Languages Commissioner in July of 2000 and her term will expire in July of 2004.

Annual Report 2001-2002

Ms. Tatti submitted her annual report for the year 2001-2002, which was tabled in the House on June 13, 2003. The Standing Committee on Accountability and Oversight met to review the report on August 28, 2003.

Advisory Board

During the review of the 2000-2001 annual report, the standing committee was informed that the Languages Commissioner had established a new advisory board in October of 2000. While there remains some question as to the legal capacity of this board, the standing committee reviewed the board's recommendations contained within the 2001-2002 report.

Recommendations

The standing committee took note that some of the recommendations offered by the Languages Commissioner's advisory board differ from the recommendations of the Special Committee on the Review of the Official Languages Act. Given that the special committee had a clear mandate and legislative authority to investigate and review issues related to language promotion and enhancement in the Northwest Territories, and since the recommendations were adopted by the Legislative Assembly, the Standing Committee on Accountability and Oversight suggests SCOL's recommendations be given preference where the recommendations differ.

Review Of Languages Complaints

In the last report on the review of the Languages Commissioner's annual report of 2000-2001, the standing committee had requested more information be provided on the nature of the languages complaints, the type of language involved in complaints, the location of complainants and the process used to mediate said complaints. The standing committee was disappointed to see that the Languages Commissioner's 2001-2002 annual report still contained very little information about the nature of languages complaints both from prior and present years. Without information with which to better understand the concerns being raised by the public, the standing committee is at a loss to assess the actions of the Commissioner. Once again, the standing committee will, therefore, defer to the recommendations made by the special committee in the hope of addressing some of the serious issues regarding the use of languages in the NWT.

Conclusion

The Standing Committee on Accountability and Oversight would like to thank the Languages Commissioner and her staff for her 2001-2002 annual report.

Motion To Receive And Adopt Committee Report 17-14(6), Carried
Item 11: Reports Of Standing And Special Committees

Page 1127

Michael McLeod

Michael McLeod Deh Cho

Mr. Speaker, that concludes the report of the Standing Committee on Accountability and Oversight on the review of the Languages Commissioner's 2001-2002 annual report. Therefore I move, seconded by the honourable Member for Inuvik Boot Lake, that Committee Report 17-14(6) be received by the Legislative Assembly and adopted. Thank you, Mr. Speaker.

Motion To Receive And Adopt Committee Report 17-14(6), Carried
Item 11: Reports Of Standing And Special Committees

Page 1127

The Speaker

The Speaker Tony Whitford

Thank you, Mr. McLeod. We have a motion on the floor. The motion is in order. To the motion.

Motion To Receive And Adopt Committee Report 17-14(6), Carried
Item 11: Reports Of Standing And Special Committees

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An Hon. Member

Question.

Motion To Receive And Adopt Committee Report 17-14(6), Carried
Item 11: Reports Of Standing And Special Committees

Page 1128

The Speaker

The Speaker Tony Whitford

Question has been called. All those in favour, please signify. Thank you. All those opposed? Thank you. The motion is carried.

---Carried

The report is hereby received and adopted by the Legislative Assembly. Item 11, reports of standing and special committees. The honourable Member for Yellowknife South, Mr. Bell.

Committee Report 18-14(6): Report On The Review Of Bills 21, 24 And 26
Item 11: Reports Of Standing And Special Committees

Page 1128

Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, I have the report of the Standing Committee on Social Programs on Bill 21, Protection Against Family Violence Act; Bill 24, Midwifery Profession Act; and Bill 26, Youth Justice Act.

On June 11, 2003, Bill 21, Protection Against Family Violence Act; Bill 24, Midwifery Profession Act; and Bill 26, Youth Justice Act, were referred to the Standing Committee on Social Programs for public review.

The responses to its call for presentations and expressions of interest indicated there was sufficient interest to conduct public hearings in Fort Smith, Hay River, Wha Ti and Yellowknife.

The following is the Standing Committee on Social Program's report on Bill 21, Protection Against Family Violence Act; Bill 24, Midwifery Profession Act; and Bill 26, Youth Justice Act. It reflects the views of committee members and those of the people and organizations that took the time to appear before committee in Fort Smith on September 8th, in Hay River on September 9th, in Wha Ti on September 11th and at the hearings held September 15th through 18th, inclusive, in Yellowknife.

Bill 21: Protection Against Family Violence Act
Item 11: Reports Of Standing And Special Committees

Page 1128

Brendan Bell

Brendan Bell Yellowknife South

Introduction

The Standing Committee on Social Programs is pleased to report on Bill 21, Protection Against Family Violence Act.

The committee conducted public hearings in Fort Smith on September 8, 2003, in Hay River on September 9, 2003, in Wha Ti September 11, 2003, and, as I've mentioned, in Yellowknife September 16th and 18th.

There were several presentations that raised valid concerns for committee members.

Issues

Title Of The Act

The NWT Senior's Society expressed concern with the proposed title "Family Violence Protection Act." It was felt this wording did not reflect the importance of the victim in the title. Members of the committee had previously noted a literal reading of the title could be also be interpreted as an act protecting family violence.

Committee discussions on a possible new title concentrated on reflecting the rights of victims and describing the actual intent of the new legislation.

In the end, committee members settled on renaming the Family Violence Protection Act, the "Protection Against Family Violence Act." This new title reflects the intention of the legislation to provide emergency protection for victims of family violence.

The standing committee was pleased that the department and the Minister agreed with the request and concurred with the committee amendment to change the title.

Definitions Of What Constitutes Family Violence

Many presenters were concerned with what actually constitutes family violence. The NWT Seniors' Society's presentation to committee asked that forced confinement, neglect and stalking be added to the definition of what constituted family violence. In a presentation to committee by the Status of Women Council of the Northwest Territories they also requested forced confinement and stalking be added to the definition. The Standing Committee on Social Programs also identified a need to modify the definition of sexual abuse.

Forced Confinement

The Status of Women Council stated, "It could be assumed that a justice of the peace would see forced confinement as falling under Section 1(2)(d) regarding psychological and emotional abuse, but we feel greater clarity is required."

The NWT Seniors' Society wanted to ensure the full scope of the types of abuses that seniors are subject to are covered and clearly stated in the legislation.

The committee concurred with the Status of Women Council's position that forced confinement must be abusive in nature. Members of the Standing Committee on Social Programs saw value in including forced confinement in the definition to clearly send a message that this type of abuse will not be tolerated.

The standing committee was pleased the Minister agreed with this position and concurred with the amendment.

Neglect

The NWT Seniors' Society requested that neglect be added to the list of what constitutes family violence. This recommendation was made in order to ensure that all types of abuse that seniors are subject to were included in the legislation.

The standing committee struggled with this issue. Neglect implies there is a series of actions or inaction over a period of time that cause harm to an individual. This legislation is intended to deal with emergency situations where there is a real or immediate danger of physical or emotional harm. The Standing Committee on Social Programs came to the conclusion that the inclusion of neglect on the list of what constitutes family violence would be beyond the scope of the bill. Consequently, the standing committee will not be recommending an amendment to include neglect on the list of what constitutes family violence.

The members of the standing committee are, however, alive to the issue of neglect of our elders and strongly recommend that the Department of Health and Social Services take a serious look at bringing forward legislation to address the concerns of the NWT Seniors' Society. As a government, we also need to ensure that homecare and social workers have adequate training and resources to deal with issues of elder abuse when they are identified.

The Standing Committee on Social Programs will ensure the Members of the 15th Assembly are aware of this issue in our transition documents.

Stalking

Mr. Speaker, the inclusion of stalking on the list of what constitutes family violence was another issue that the members of the standing committee struggled with. In the proposed legislation there are provisions that allow the justices of the peace and the Supreme Court to limit or prohibit contact between the abuser and the victim. This remedy is also available through the use of peace bonds and restraining orders.

What becomes problematic to committee members is providing a definition and application of the word stalking itself. For example, in a community the size of Wha Ti, it would not be unreasonable for a person to run into someone against whom they have a restraining order or peace bond on a fairly regular basis, just through the process of daily living. Would and could this regular, unplanned contact be construed as stalking by a justice of the peace in granting an emergency protection order under the Protection Against Family Violence Act?

In addition, committee members also noted that many stalking cases do not involve persons who are cohabitating or who have lived in an intimate or family relationship and would fall outside the realm of this act.

In examining how other Canadian jurisdictions deal with the issue of stalking in their family violence legislation, it was shown that some jurisdictions, such as Manitoba, do list stalking. Others such as Ontario, describe "a series of acts which collectively cause the applicant to fear for his or her safety, including the following: contacting, communicating with, observing or recording any person."

Presenters from the Status of Women Council agreed that stalking is likely included in the present definition in the act. However, they wanted it made abundantly clear to those administering the legislation that stalking is both threatening and abusive behaviour.

The department advised that the present definition of family violence in the act includes any intentional or reckless act or omission that causes the applicant or his or her child to fear for their safety. It further specifically includes psychological and emotional abuse. The drafting of this definition was designed, the committee was advised, to cover a broad range of behaviours without the necessity of specifying each one. This allows for both discretion and flexibility in administering the act. Once various categories of violent behaviour are listed, there is a danger that some actions will be missed. In addition, violence can take many forms and a person's response is usually subjective.

The committee agrees that flexibility and appropriate discretion will be critical to the proper administration of the act and that this conduct is already covered in the definition of family violence. It is, therefore, not pursuing a motion to specifically include stalking behaviour as part of the definition of family violence.

Sexual Abuse

Committee members noted the original definition of sexual abuse was partially defined by listing who the victim of the abuse was. This list did not cover all eventualities. A simpler and cleaner definition of just "sexual abuse" puts the emphasis on the abuse itself rather than on an identified group of victims.

Committee members were pleased the Minister agreed with this analysis and concurred with the committee amendment.

Temporary Custody Of Children

It was pointed out to the Standing Committee on Social Programs, by the Status of Women Council of the Northwest Territories, there were no provisions in the proposed legislation addressing the issue of temporary custody of children as part of an emergency protection order granted by a justice of the peace. The council was concerned this omission could mean that if, for example, a man was physically abusing his wife and was the subject of an emergency protection order removing him from the family home, there would be nothing to stop him from taking custody of the children as a way to force his wife to let him back into the family home. In the absence of a custodial order, there is little the RCMP could do to force a parent to return children to another parent.

In addition, the threat of removing or taking children is often a manipulative tool in the cycle of violence. Applicants under this act need to know that specific relief is available to meet this challenge.

Committee members noted it could be argued that section 4(3)(h) speaks to this concern by stating an emergency protection order can contain "any other provision that the designated justice considers necessary for the immediate protection of the applicant or any other person at risk of harm." They also noted that a justice of the peace can order that an abuser not contact or communicate with the applicant and the children, thus effectively preventing child abduction.

The department reminded the committee that emergency protection orders are extraordinary remedies given without notice to the alleged perpetrator of violence. A custody order, even of short duration, can significantly impact the rights of parents in future custody disputes. The department was of the view that all interests must be balanced when relief is given prior to the other party having an opportunity to state his or her view of the facts.

The department also advised that a consideration of custody issues can be very complex, involving many different factors. Making decisions about custody of children would be beyond the normal duties of justices of the peace and would require significant training. Such training will also have to be provided to RCMP members and victim services workers. None of these groups have experience in this field.

The Department also reminded the committee that there is legislation in place to deal with custody issues, namely the Divorce Act, the Family Law Act and the Children's Law Act.

While training and expertise may be a concern, for Committee the larger concern is the role that using children as pawns plays in violent households. This behaviour cannot be adequately addressed if specific relief is not available in emergency situations.

The Standing Committee strongly believes such an amendment has merit.

This position is also supported by the 2003 Final Report of the Ad Hoc Federal-Provincial-Territorial Working Group Reviewing Spousal Abuse and Legislation, which specifically mentioned the temporary care and custody of children as one of the four components that every jurisdiction in Canada include as part of any domestic violence legislation.

However, in light of the Minister having what he considers to be serious reservations about adding this measure of relief to emergency protection orders, and the obvious time constraints imposed by this being the last session of the 14th Assembly, the standing committee did not wish to jeopardize the many important and valuable aspects of this legislation by pursuing an amendment at this time.

The Standing Committee on Social Programs strongly recommends that the Department of Justice and the next Assembly take the time to consider the merit of amending the Protection Against Family Violence Act to include the temporary care and custody of children as part of an emergency protection order.

The Supreme Court And Emergency Protection Orders

The Standing Committee on Social Programs on their initial review of the proposed Family Violence Protection Act noted a discrepancy in clause 5, which deals with the mandatory review of emergency protection orders granted by justices of peace by the Supreme Court.

Although the legislation provided that emergency protection orders could be confirmed or varied, there was some resulting confusion as to whether a Supreme Court judge had the power to dismiss certain provisions of an emergency protection order that could not be supported by the evidence, or overstepped the bounds of judicial fairness, even though the rest of the emergency protection order was reasonable and based on the evidence.

The Minister and department agreed with the standing committee's view that the present wording in clause 5 was too restrictive and limited the ability of the Supreme Court to act in an expedient manner and concurred with the committee amendment.

Implementation Concerns

Committee members heard from several stakeholders, including Major Karen Hoeft of the Salvation Army, who spoke eloquently on the need for extensive training by saying, "Every time we change an RCMP officer in the NWT, every time we change a victim services worker, every time we add JPs, there will be a need for training. If we do not do that, then the legislation really falls by the wayside and is not valid."

Several presenters, notably the Salvation Army and the Status of Women Council of the NWT, stated there was a need to involve stakeholders and the regions on a committee to guide the implementation plan.

The standing committee would recommend the government involve stakeholders and make sure the needs of frontline workers are addressed in the final implementation plan.

The committee also heard concerns about the application of this legislation and were questioned on how a person in a community without an RCMP presence would access or have an emergency protection order enforced. Members noted that applications can be made by any means of telecommunication and an applicant need not appear in person to obtain an emergency protection order. Members are aware this is not an ideal situation, but in all conscience cannot deny the use of emergency protection orders to the majority of residents in the NWT.

The standing committee recognizes these as valid concerns and has pressed the Minister and department to provide a timeline on when the Protection Against Family Violence Act could be implemented across the Northwest Territories. As it stands now, the department will continue to develop the regulations and training materials and will be submitting a finalized budget and implementation plan as part of the 2004-2005 Business Plan/Main Estimates which should be reviewed and made public by the next Assembly some time prior to March 2004.

False Accusations Made Under The Protection Against Family Violence Act

Mr. Marc Bogan spoke on behalf of non-custodial parents, who have had their custodial and visitation rights with their children curtailed or eliminated because of accusations made by their previous spouses or partners. Mr. Bogan is concerned the Protection Against Family Violence Act could enable a person to gain control of the family home and custody of the children through a false accusation. Members of the standing committee were also concerned with the possibility the legislation could be abused by persons making false accusations, but took sufficient comfort from clause 18 which creates an offence for making a false statement or application under the act which could result in fines not exceeding $5,000, six months in jail, or both.

Conclusion

The Standing Committee on Social Programs is pleased the government was able to introduce this important legislation prior to the dissolution of the 14th Assembly. The staff and Minister at the Department of Justice are to be commended for their hard work on this file over the last year.

However, the Standing Committee on Social Programs would be remiss if they did not point out this legislation will not solve the problem of family violence in the Northwest Territories in and of itself. The Protection Against Family Violence Act will be another tool for the justice system to use in addressing the issue of family violence. Members recognize we still need women's shelters, we need adequate counselling services to help dysfunctional family members heal and hopefully reconcile with their families and go on with their lives, we need programs that will help these families reunite, we need training at all levels to ensure this legislation accomplishes what it is intended to do, we need to ensure legal aid programs are adequately resourced to ensure the needs of families, mothers and fathers, and their children are respected when questions of custody and access are raised, and we need public education programs that not only promote the use of the provisions of this bill but also clearly state that family violence of any type will not be tolerated in the Northwest Territories.

The committee members are of the opinion that the passage of this legislation is just one small step in addressing the issue of family violence. It will protect victims and their children from immediate threat and physical harm. Groups such as the Family Violence Coalition are strongly encouraged to keep advocating for better services and solutions to the problem of family violence.

Mr. Speaker, I'd like to turn now to my colleague, Mr. Braden, to take us through Bill 24, Midwifery Profession Act. Thank you.

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The Speaker

The Speaker Tony Whitford

Thank you, Mr. Bell. The honourable Member for Great Slave, Mr. Braden.

Bill 24: Midwifery Profession Act
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The Speaker

The Speaker Tony Whitford

Introduction

Bill 24: Midwifery Profession Act
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Bill Braden

Bill Braden Great Slave

Thank you, Mr. Speaker and Mr. Bell. The Standing Committee on Social Programs is pleased to report on Bill 24, Midwifery Profession Act.

During the past month, committee had the opportunity to consult with interested citizens and organizations in person, and have received written submissions from many more. On September 8, 2003, the committee traveled to and conducted public hearings on this bill in Fort Smith. Approximately 30 witnesses made presentations to the committee in that community. Without exception, all witnesses supported the introduction of midwifery legislation. However, concerns respecting some aspects of the bill were discussed.

On September 9th the committee conducted public hearings in Hay River. The committee conducted hearings in Wha Ti on September 11, 2003. Public Hearings in Yellowknife were conducted on September 15th and 18th of this year.

Even before this bill was referred to committee for public consultation, Members believed legislation was urgently needed to regulate the practice of midwifery in the Northwest Territories. Five provinces and territories have already established legislation, and the committee wanted to ensure that the Northwest Territories could count itself among the leaders respecting midwifery legislation in Canada.

Issues

Designated Sites Clause

There was one concern brought forward by the majority of witnesses who attended public consultations in Fort Smith, Hay River, Wha Ti and Yellowknife, and also by those who took the opportunity to make written submissions.

The legislation required that the practice of midwifery for compensation could only occur at sites to be designated by the Minister of Health and Social Services. Absent such a designation, any person practicing midwifery would be doing so contrary to the act and would be liable to prosecution.

Those who identified the issue were unanimous in their opposition to its inclusion in legislation. Many strong, varied and valid reasons were presented to committee outlining why the designated sites clause should be removed from the legislation.

An Infringement Of Equality Rights

Ms. Leslie Paulette, a midwife in Fort Smith and a member of the Midwives' Association of the NWT and Nunavut, suggested that a restriction on where midwives may practice is "contrary to the Canadian Model of Midwifery and to the Canadian Charter of Rights and Freedoms."

Ms. Leslie Leong, a recipient of midwife care in Fort Smith, also brought to committee's attention the issue of equality when she stated, "I want to know that I can go anywhere in the NWT and still have the same choice that I would normally have in another community."

The Right Of A Woman To Choose The Place Of Birth

The right of a woman to decide where her baby is born was mentioned several times throughout the proceedings. Ms. Claudette James, a recipient of midwife care stated, "if a properly licensed and trained midwife is available and there are no medical complications, then a family should be able to make the decision as to where they would like to have their baby." Ms. Nikki Paziek, a midwife care recipient and director of the Nik'e Niya Community Birthing Centre in Fort Smith, and Ms. Shannon Lefebvre, a Hay River resident who has plans to pursue a career in midwifery, echoed this sentiment.

Although the committee could foresee many of the arguments against the designated sites clause, members were also aware that one intent of the clause may have been to ensure that during the process of birth, women and their babies would have immediate access to surgical backup. Public consultation fostered a better understanding of the responsibilities of midwifery. Members of the standing committee were advised that registered midwives are adequately trained to assess the degree of risk to individual pregnancies. Ms. Esther Doucette, a Fort Smith woman using the services of a midwife informed us that "the designated sites clause is...redundant...because the women, as well as the midwives, will be making healthy choices around birthing." If a woman is at an elevated risk for complications, a midwife will be directed by practice standards to refer the client to a physician. "Midwifery care is for pregnancy that is not at risk," the committee was told by Ms. Nadia Laquerre, vice-president of the Nik'e Niya Community Birthing Centre.

Better Outcomes Close To Home

In a written submission by the College of Midwives of British Columbia, the committee was made aware that "current evidence indicates that better outcomes are achieved when maternity services are offered in the communities where women live, even if those services are sometimes limited in scope." The committee was provided with a document entitled Report on the Findings of a Consensus Conference on Obstetrical Services in Rural or Remote Communities that detailed the benefits of birth within a woman's home community. The National Aboriginal Health Organization, the Canadian Association of Midwives, and the Dene Nation also took the opportunity to refer the Standing Committee on Social Programs to this document.

Continuity Of Care

An important issue brought forward by Ms. Stephanie Marlow, an expectant mother in Fort Smith, and Ms. Pertice Moffatt, a registered nurse in Yellowknife, was continuity of care. Pregnant women want to be able to forge a relationship with the person who will deliver their babies. If they must travel outside of their community for scheduled checkups and birth, they will likely see several different physicians. By allowing a woman to remain within her community for the duration of her pregnancy, she has the opportunity to develop a familiar relationship with her caregiver.

Costs Of Travel

Many of those who spoke out against the designated sites clause identified travel costs, both financial and emotional, as a primary concern.

If the cost of travel is not covered by insurance, forced travel to Yellowknife or Inuvik is a significant financial burden on expectant women and their families. The standing committee was also reminded of the fact that babies are born when they are ready to be born, and do not always arrive on the estimated due date. It is common practice to send women to a larger centre two weeks prior to their delivery date. For a family to live in a hotel and eat restaurant meals for a two-week period is quite expensive, if not covered by insurance, and even more so if delivery is one or two weeks later than expected.

Also, if a woman is uprooted from her community to give birth, she lacks the emotional support she would have if she gave birth nearer to family and friends. Ms. Claudette James, Ms. Eleanor Elias, Ms. Marnie Villeneuve and Ms. Sheila Chadwick, all midwife care recipients in Fort Smith, did a fine job bringing these concerns to our attention.

In addition, Mr. Speaker, many pregnant women find it necessary to leave their other children at home in the care of a spouse or others. This often creates anxiety and hardship for the expectant mother and for those remaining at home.

Another argument against forced travel to major centres is with respect to the question of public funding of registered midwives. If this legislation is viewed through the lens of cost-saving, it makes sense to provide funding for midwives in communities in the expectation that there will be fewer costly medical evacuations and reduced travel costs for low risk deliveries. Mr. Clayton Burke, a concerned grandfather in Fort Smith, pointed out that the government "could have paid many midwives over the years for the cost of transporting these young ladies, and sometimes their escort or family, back and forth to Yellowknife." Ms. Chadwick and Ms. Gisela Becker, a midwife in Fort Smith and member of the Midwives' Association of the NWT and Nunavut, also made this point.

During clause-by-clause review of the bill, committee passed four motions which have the effect of removing the designated sites provisions from the bill. The Minister agreed to these amendments.

Public Funding

Mr. Speaker, the next most prominent issue brought forward was the issue of public funding of midwifery. Ms. Becker and Ms. Paulette, the two midwives working in Fort Smith, have been accepting what payments women and their families can give, but have, in effect, been requiring no payment for their services. Several of the women who have used their services came forward to applaud this legislation for providing a framework that will allow public funding for a service they believe to be essential.

Ms. Jennifer Potvin, one of those women, stated midwifery "must be publicly funded so that women aren't dissuaded from using midwifery services solely because of cost." Ms. Laura Aubrey, another woman receiving care from Fort Smith midwives, said public funding is essential "so that midwives can be paid and treated like professionals, which they are."

Ms. Paulette, herself, made the point that public funding is imperative if the Northwest Territories hopes to attract and maintain midwives. As she observed, "it won't be very helpful if...women have access to midwives theoretically, but there are no midwives to provide the services."

Bill 24: Midwifery Profession Act
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An Hon. Member

True, true.

Improved Physician / Midwife Relations

Bill 24: Midwifery Profession Act
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Bill Braden

Bill Braden Great Slave

The Standing Committee was informed, Mr. Speaker, that the professional relationship existing between physicians and midwives is often strained. Midwives and their patients told the committee that doctors view a midwife's care as a possible liability in the absence of a legislated framework, concern that physicians could be held liable for the acts or omissions of midwives with whom they practice. It was critical, therefore, that legislation establish both an acceptable scope of practice for midwives and the condition that midwives maintain independent liability insurance.

Until midwifery legislation and regulations are in place to guide the professional conduct of midwives, many physicians will feel uncomfortable working with midwives. Ms. Brenda Johnson, chair of the Fort Smith Health and Social Services Authority, stated her organization sees the bill "as helping to bridge the gap between the medical and midwifery model of delivery. It will allow doctors, nurses and midwives to work collaboratively."

Relief For A Taxed Medical Care System

Across the country, but particularly in the Northwest Territories, the medical profession is under a great deal of strain. There is chronic shortage of doctors and nurses in virtually every community, and retaining those medical professionals who practice in the North is a constant concern. If midwives can be attracted to the North, they can take some of the burden off the shoulders of our doctors and nurses. As Ms. Becker has informed the committee, "midwifery is in a position to play an increased role in the delivery of maternity care services in Canada...They are the only maternity care provider group in Canada that is increasing in numbers."

woman "and Infant:" An Extension Of Scope
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Bill Braden

Bill Braden Great Slave

Ms. Paulette brought forward the position that the scope of midwifery should be extended to include care for the woman and infant in the postpartum period because, as she and her organization believe, "midwives care for the mother and infant as a unit." This would require an addition to be made to section 2(1)(h).

Committee recognizes, Mr. Speaker, that midwives certainly do have an interest in the wellbeing of the infant after it is born. However, committee appreciates the Minister's concern that extending the legislative scope of midwifery to include what is currently the domain of physicians cannot be done without adequate consultation with the other stakeholders.

The Minister has assured committee that the forthcoming health professions act is the proper legislative tool to give consideration to the overlapping scope of the various health care professions, including midwifery. Committee anticipates the introduction of the health professions act within the next two years, based on information provided by the Minister.

"during Pregnancy"
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Bill Braden

Bill Braden Great Slave

During clause-by-clause review of the bill, committee passed a motion approved by the Minister that 4(c) be amended to delete the words "during pregnancy."

As the act was presented to committee, clause 4(c) stated that midwives

"[consult] with medical practitioners or other health care professionals if medical conditions exist or arise during pregnancy that may require management outside the scope of the practice of registered midwives"

Ms. Paulette spoke on behalf of the Midwives' Association of the Northwest Territories and Nunavut to recommend "the words 'during pregnancy' be removed from this clause, as they limit the circumstances under which midwives may initiate a medical consultation."

The members of the standing committee could see no reason why this amendment should not be made. In communities midwives can, and do, relieve some of the burden of other medical professionals by counseling women on health and reproductive issues. The standing committee was pleased the Minister concurred with this amendment.

common Requirement For Renewal Of Registration
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Bill Braden

Bill Braden Great Slave

Speaking on behalf of the Midwives' Association of the NWT and Nunavut, Ms. Paulette recommended "there be one common requirement for renewal of registration for all midwives in the NWT, namely the completion of the continuing competence program established by the regulation." Making this change would have required altering section 11(3)(a) by removing the alternate requirement that a midwife be registered and in good standing as a midwife in a province.

Initially, the committee favoured Ms. Paulette's position that only one criterion be used to grant registration renewal. Members believed the requirement that a midwife complete a continuing competence program was paramount, and to allow renewal for those midwives who had current registration in another jurisdiction but had not completed a continuing competence program could compromise the equality of NWT midwives' credentials.

The Minister and his staff stated they had considered this issue carefully. A member of the Minister's staff informed the committee that the department was concerned midwives from other jurisdictions may be needed to fill temporary vacancies in the North when northern midwives take holidays. To require extra credentials for registration would dissuade those southern midwives from coming north to relieve our midwives.

The standing committee saw the validity of this argument, and did not pursue an amendment.