Thank you, Mr. Speaker. Mr. Speaker, I am pleased to have this opportunity to report on the progress of our work on family violence legislation.
The Department of Justice has completed researching the feasibility of introducing family violence legislation in the NWT. From this research and discussions with local stakeholders groups, we believe this legislation could be a useful legal tool for victims of family violence. I have discussed this issue with my Cabinet colleagues and have received their approval in principle.
Mr. Speaker, family violence legislation complements the Criminal Code process. This legislation provides a civil remedy that can be used whether or not the grounds exist to lay criminal charges. People who are at risk of violence can apply under this legislation, 24 hours a day, seven days a week, for an emergency order. This emergency order could include:
- • restraining the family member from contacting or communication with the victim;
- • exclusive occupation of the residence;
- • removal of the family member from the home;
- • restrictions on contact or communication;
- • police assistance to remove personal belongings to the victim;
- • seizure of firearms; and,
- • possession of personal property such as vehicles, bank accounts and credit cards.
Mr. Speaker, this legislation gives people who are at risk of violence another legal tool that they can use to protect themselves and their families. It gives everyone involved the opportunity to step back and consider their actions and options.
Mr. Speaker, in order to ensure this legislation is effective in the NWT, I believe we need to have a public consultation on whether or not our residents want this legislation and what the legislation should include. For example, we need to ask the public:
- • Who should be able to apply for an order?
- • What constitutes family violence?
- • What remedies do we want to include in our legislation?
We also need to determine the most suitable and effective delivery model for all NWT communities. Family violence legislation is not just an issue in larger centres. Consultation needs to take place in large and small communities. We were proposing to begin a two or three-month consultation period in April. This consultation would form the basis of legislation introduced early in the mandate of the next Legislative Assembly.
Mr. Speaker, other jurisdictions have told us that it is crucial that consultation be done prior to developing and introducing this legislation. A thoughtful and thorough consultation builds awareness of the issue and support for this remedy. It will help us develop legislation that works in the North.
I understand some Members feel we are not moving quickly enough to deal with the issue of family violence. I understand some feel we should introduce legislation immediately. The earliest legislation could be ready for introduction is June, however, it would mean that important decisions would be made without the input of residents. Even if introduced in June, the earliest the legislation could be in force would be late 2003 or early 2004. This legislation will require considerable work and planning to implement.
Before implementing this legislation, extensive training must take place. RCMP officers, justices of the peace, shelter and crisis line workers all need to be trained on the legislation and their role. Other service providers, including community justice committees, victims' services groups, court workers, social workers and medical staff all need to be trained on how the orders work. A coordinator, a justice of the peace, a shelter/crisis line and additional RCMP officers may all need to be hired.
Public education on the protections available under this legislation must also take place before it is implemented. Family violence legislation will not protect residents if they are not aware of what protection is available to them.
Another option that could be considered is to table draft legislation during the June session. This legislation would be based on models adopted in other provinces and would be used as part of the consultation process on this issue. This would signal the government's commitment to enact this legislation but allow for a thorough consultation process.
Mr. Speaker, these are three options for how we can move forward with this legislation. All three show that the department is committed to proceeding with family violence legislation. I will consult further with my colleagues in the Legislative Assembly to determine the most effective way to proceed at this time. I recognize this is an important issue for all Members. I appreciate their continued support and interest.
---Applause