This is page numbers 87 - 122 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 capital.

Topics

Members Present

Honourable Roger Allen, Honourable Jim Antoine, Mr. Bell, Mr. Braden, Mr. Delorey, Mr. Dent, Mrs. Groenewegen, Honourable Joe Handley, Mr. Krutko, Mr. Lafferty, Ms. Lee, Mr. McLeod, Honourable Michael Miltenberger, Mr. Nitah, Honourable Jake Ootes, Mr. Roland, Honourable Vince Steen, Honourable Tony Whitford

-- Prayer

Item 1: Prayer
Item 1: Prayer

Page 87

The Speaker

The Speaker Tony Whitford

Thank you. Bonjour, mes amis. Item 2, Ministers' statements. The honourable Member for Weledeh, Mr. Handley.

Minister's Statement 10-14(6): Strategy To Reduce Impaired Driving
Item 2: Ministers' Statements

Page 87

Joe Handley

Joe Handley Weledeh

Mr. Speaker, later this afternoon, I intend to introduce at act to amend the Motor Vehicles Act. These amendments are aimed at strengthening the act as a forceful deterrent to drinking and driving.

Last October, I made a statement in this Assembly to report substantial progress over the past decade in reducing the number of alcohol-related traffic accidents and the number of deaths and injuries that result from them. I was pleased to report that real progress has been made. At the same time, it was discouraging to acknowledge that people are still being killed and injured in alcohol-related accidents. These kinds of accidents need not happen at all.

Driving a motor vehicle is a serious undertaking. We need to give it our full attention. The consumption of alcohol impairs our mental judgment and diminishes our physical reflexes. Thankfully, it seems, more and more drivers have come to understand that drinking and driving just don't mix. Still, there are those who have not received the message that society no longer tolerates this type of preventable accident.

In brief, Mr. Speaker, the amendments I propose will provide for new administrative suspensions of driver's licenses for impaired driving. These are administrative rather than judicial procedures that enforcement officers can invoke immediately and separately from the criminal justice process.

A person driving a motor vehicle with a blood alcohol content of greater than .05 percent would be subject to a 24-hour license suspension and a 30-day suspension for a second offence within a two-year period. A person found driving with a blood alcohol content of greater than .08 percent would be subject to a 90-day suspension.

A problem here in the Northwest Territories, as well as in southern Canada, has been with people who continue driving even after their driver's license has been suspended. In these cases, the amendments provide for an immediate 30-day vehicle impoundment.

The amendments also attach new conditions for the reinstatement of a suspended driver's licence. Suspended drivers may be required to undergo drug and alcohol assessment and, if necessary, a complete rehabilitation program as part of the licence reinstatement process.

Finally, Mr. Speaker, the amendments authorize the introduction of a graduated licensing system for new drivers.

Over the past decade, the NWT has fallen behind most other jurisdictions in Canada in enacting these or similar measures to deter impaired driving. These amendments will bring our laws in line with those in effect elsewhere in Canada.

In being amongst the last in Canada to bring in these types of impaired driving deterrents, we have had the advantage of studying how they worked in other jurisdictions before introducing them here. For this reason, Mr. Speaker, I am confident that the bill I will introduce later today is a carefully considered and well-written piece of legislation.

I wish these amendments to the Motor Vehicles Act could finally eliminate impaired driving altogether, however we can never expect a law to succeed so well in its purpose. I have no doubt though, Mr. Speaker, these amendments will deliver our message. Drinking and driving is dangerous. Drinking and driving is irresponsible. In the Northwest Territories, it is unacceptable. Thank you, Mr. Speaker.

---Applause

Minister's Statement 10-14(6): Strategy To Reduce Impaired Driving
Item 2: Ministers' Statements

Page 87

The Speaker

The Speaker Tony Whitford

Thank you. Item 2, Ministers' statements. The honourable Member for Nahendeh, Mr. Antoine.

Minister's Statement 11-14(6): Territorial Premiers' Meeting With Prime Minister
Item 2: Ministers' Statements

Page 87

Jim Antoine Nahendeh

Thank you, Mr. Speaker. Mr. Speaker, the Premier has asked me to inform the House that the Prime Minister has agreed to meet with him, Nunavut Premier Okalik and Yukon Premier Fentie on Thursday morning in Ottawa to discuss federal funding for territorial health care.

---Applause

The Premier has also asked that I express, on behalf of Cabinet, our appreciation for the support received to date on this important issue from MLAs, our MP and Senator, the NWT health community and NWT residents.

I will keep the House informed on further developments until the Premier returns. Mahsi, Mr. Speaker.

---Applause

Minister's Statement 11-14(6): Territorial Premiers' Meeting With Prime Minister
Item 2: Ministers' Statements

Page 88

The Speaker

The Speaker Tony Whitford

Mahsi, Mr. Antoine. Item 2, Ministers' statements. The honourable Member for Yellowknife Centre, Mr. Ootes.

Minister's Statement 12-14(6): Heritage Day 2003
Item 2: Ministers' Statements

Page 88

Jake Ootes

Jake Ootes Yellowknife Centre

Mr. Speaker, Monday, February 17th, is Heritage Day in the Northwest Territories and throughout Canada.

Each year the Heritage Canada Foundation encourages Canadians to celebrate a nation-wide theme. The theme this year is "The Heritage of our Town." The Heritage Canada Foundation asks the question, "Why does a town exist?" The foundation suggests that heritage is found in a name, in the community's aspirations or in historical figures.

The 33 communities in the Northwest Territories vary greatly in geography, in history and in size. We should celebrate the heritage that makes our communities unique.

Mr. Speaker, I'd like to draw your attention to a special heritage project the Department of Education, Culture and Employment launched at the Chief Jimmy Bruneau School in Rae-Edzo on January 24th. The Web site, "Lessons from the Land: The Idaa Trail," is an excellent example of honouring the heritage of the territory. I would invite Members to view the display of Dogrib culture and heritage in the Great Hall today.

While visiting the Web site, anyone from anywhere in our territory and around the world can participate in a virtual journey along the historic trade route, the Idaa Trail.

We will be continuing the recognition of our northern heritage with the production of our second "Lessons from the Land" series highlighting "Journeys of Nuligak" from the Beaufort-Delta area and the Inuvialuit people.

In the Northwest Territories, many of the elders who built our communities and created the history that we now celebrate are still alive, or their stories live through their children.

I encourage everyone to speak to an elder. If you have a story about your community, share that story. Visit a classroom and share your knowledge.

Special events have been planned to celebrate the heritage of our communities throughout the North. I invite everyone to participate in those.

It is important that we recognize the value of our heritage not just on designated days such as today, but through each day of the year. Thank you, Mr. Speaker.

---Applause

Minister's Statement 12-14(6): Heritage Day 2003
Item 2: Ministers' Statements

Page 88

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Minister. Item 2, Ministers' statements. The honourable Member for Thebacha, Mr. Miltenberger.

Minister's Statement 13-14(6): Do I Need To See The Nurse Or Doctor?
Item 2: Ministers' Statements

Page 88

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Speaker. Mr. Speaker, the saying "knowledge is power" is particularly true when it comes to health and well-being. Information about how to assess and care for minor illnesses or conditions empowers people -- it gives us confidence to make informed decisions and to seek advice when needed. It also has the added benefit of reducing unnecessary trips to the health care or hospital, because people can recognize whether symptoms are serious enough to warrant medical advice.

For this reason, Mr. Speaker, it is my pleasure to distribute to Members advance copies of home resources on health and social services. These resources include a self-care handbook called "Do I Need to See the Nurse/Doctor?" and a brochure on core health and social services. The mail-out of these resources to all NWT households by the end of February fulfills two commitments in the Health and Social Services System Action Plan. This action also supports a primary goal of this Assembly, to have healthy, educated individuals making responsible personal choices for themselves and their families.

It is important to state that the self-care handbook should be viewed as an aid to self-care. With this resource in our homes, we have ready access to basic advice on how to manage the everyday ailments that accompany life, like coughs, colds, sore throats, scrapes, upset stomachs and fevers. The handbook also suggests what we can do to help our families through troubled or stressful times.

Mr. Speaker, whether we are parents, caregivers or concerned friends, we have all had times when we needed ready to access basic health information. Sometimes, the most valuable thing gained from a self-care handbook is reassurance that the self-care we are currently providing is the right thing to do. Of course, there are also times when the condition warrants medical attention. The handbook is set up to flag obvious signs and symptoms of a more serious condition and it indicates how soon we should get medical help.

The brochure on core health and social services offers basic information of another kind -- it describes the kinds of service the public can expect from the NWT health and social services system. The brochure also provides information about where and how these services are delivered and why some services must be referred to specialists located outside a person's home community.

It is obvious to all Canadians and certainly to Northerners that there are high demands on our health and social services and programs. We need to take steps to ensure services are there, where and when we need them. For this reason, Mr. Speaker, people have an important role to play, to use our health and social services wisely. The brochure and self-care handbook gives people tools for their active participation in their own health and well-being, increases confidence in self-care and promotes good health. Thank you, Mr. Speaker.

---Applause

Minister's Statement 13-14(6): Do I Need To See The Nurse Or Doctor?
Item 2: Ministers' Statements

Page 88

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Minister. Item 2, Ministers' statements. The honourable Member for Inuvik Twin Lakes, Mr. Allen.

Minister's Statement 14-14(6): Family Violence Legislation
Item 2: Ministers' Statements

Page 88

Roger Allen

Roger Allen Inuvik Twin Lakes

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

Minister's Statement 14-14(6): Family Violence Legislation
Item 2: Ministers' Statements

Page 89

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Minister. Item 2, Ministers' statements. The honourable Member for Nahendeh, Mr. Antoine.

Minister's Statement 15-14(6): Premier Absent From The House
Item 2: Ministers' Statements

Page 89

Jim Antoine Nahendeh

Mr. Speaker, I wish to advise Members that the Honourable Stephen Kakfwi will be absent from the House this week to address the issue of territorial health care funding in Ottawa. Thank you, Mr. Speaker.

Minister's Statement 15-14(6): Premier Absent From The House
Item 2: Ministers' Statements

Page 89

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Minister. Any further Ministers' statements? Colleagues, I would like to direct your attention to the visitors' gallery and the Grade 2 students from Sissons School here in Yellowknife, along with their teacher Ms. Tara Brown.

---Applause

Item 3, Members' statements. The honourable Member for Mackenzie Delta, Mr. Krutko.

Condolence On Passing Of Peter Elanik
Item 3: Members' Statements

Page 90

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Speaker. Mr. Speaker, it is with deep regret and much sadness that I wish to express my condolences to the Elanik family of Aklavik on the passing of Peter Elanik, who passed away February 12, 2003. My deepest sympathies with Peter's wife Mary Ann, and their children, Peter and Gordie Kasook. I would also like to extend my sympathy to Peter's other relatives, family and friends. Peter always took good care of his family. He was always great in assisting others in his community. Peter taught many children bush skills and survival skills. With his wife Mary Ann, they took many young men and people down to the whaling camp to give them more experience on the land and the whaling activities, especially at Shingle Point on the Beaufort Sea. He worked as a counsellor on a casual basis at Charlie Soupay Friendship Centre. He had a positive impact on all those who knew him, especially the community of Aklavik. Peter will be greatly missed by the people of Aklavik and the surrounding communities. He was the kind of man who went out of his way to help others. With the support of Peter's family, friends and relatives, I know his memory will always prevail and we will be able to overcome his loss and passing and carry on the work that Peter did. May God bless you all and be with you in this time of sorrow. Thank you, Mr. Speaker.

Condolence On Passing Of Peter Elanik
Item 3: Members' Statements

Page 90

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Krutko. Indeed, condolences of the Legislature go to the family members. Item 3, Members' statements. The honourable Member for Frame Lake, Mr. Dent.

Corporate Capital Planning Process
Item 3: Members' Statements

Page 90

Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Speaker. Today, Mr. Speaker, I and the other Regular Members will be making statements about the Government of the Northwest Territories corporate capital planning process. As the committees apprised the House last week in our reports on the main estimates, Members have significant concerns about the process now used to rank projects in the capital plan. Mr. Speaker, Members discovered the Government of the Northwest Territories had adopted a revised corporate capital planning process starting with the 2002-2003 capital acquisition plan. According to the explanation offered in appendix B of the 2002-2003 Main Estimates document, this process allows for the allocation of available capital funding according to priority and need on a government-wide basis, as opposed to the prior process of allocating a capital budget target to individual departments. Mr. Speaker, in theory, this sounds fair. But, Mr. Speaker, Members are not convinced that the application of the process has been so fair. Now, perhaps we have just a problem in communication. Perhaps the government just hasn't properly explained how projects qualify for inclusion in the plan, but as things stand right now, we have not had reasonable explanations for a number of projects we have seen in the plan.

Another concern, Mr. Speaker, highlighted in last year's report and it continues this year, revolves around consultation. We have been told that community consultation is carried out on a departmental basis and that this consultation is taken into consideration in the development of the initial capital needs assessment, the ranking of the projects, and all the way through the review process. Unfortunately, Regular Members have not been given any evidence that these consultations are coordinated in any way, or if the communities see them as being adequate. Mr. Speaker, public sector spending is often the exclusive economic driver in our smallest communities, yet we do not see the importance of that included in the criteria for ranking capital projects. Ranking projects by priorities that are led by the protection of people and the protection of assets does not allow for a more responsive approach that recognizes the social benefits of capital spending in small communities.

Mr. Speaker, as my colleagues will point out today, there is a broad range of concern over how this new capital planning process is rolled out. Members were very critical of this process when we considered the estimates last year, and are disappointed that we have not seen any significant improvement a full year later. We need to hear from the government that they will examine the process and work with the Regular Members to make sure that we have a fair, open and transparent process for setting the capital budget. We want a process that recognizes the needs and diversity of all of our regions. Thank you, Mr. Speaker.

---Applause

Corporate Capital Planning Process
Item 3: Members' Statements

Page 90

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Dent. Item 3, Members' statements. The honourable Member for Inuvik Boot Lake, Mr. Roland.

Capital Planning Consultation
Item 3: Members' Statements

Page 90

Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Speaker. Mr. Speaker, I, as well, have a concern with the corporate capital planning process that this government is now using, more in the area of planning and how projects would fit into that capital planning process. Previous to that, we used to, as Members, be informed on the five-year government capital plan and we would take that to our constituencies and meet with the leaders in our communities to discuss the importance of those initiatives in our communities. Mr. Speaker, those days seem to be gone. Now we have a letter that gets sent out to communities saying this is what the plan is, but little discussion after that. In fact, when you take the document that we were going over this session, the main estimates, in that document there is a capital acquisition plan that lays out a five-year plan. Unfortunately, Mr. Speaker, what we find from time to time is that we have projects that seem to just pop up in the plan without any prior discussion or knowledge from Members, without substantiation on the purposes of the new expenditures and how they've managed to leapfrog the other initiatives that have been laid out, and discussed and put into place with information that can be debated and we can carry back to our communities.

Mr. Speaker, this government plans on a five-year basis, as we know. But it's a 20-year cycle that the government uses to substantiate replacement of buildings and so on. We know when a new building is built that there is a 40-year life expectancy and somewhere in there, 20 years or so, will be a fairly significant retrofit. But we don't seem to see that anymore. We see a lot of changes happening in meetings and behind closed doors and we get to find out about it after a news release or after the department has gone through the process of planning with committee. So we want to know if, in fact, this new plan that they've established is even going to be followed. Even as unclear as it is, we don't see that happening and we want to know why that is and if they are going to follow something that all residents of the territories can know that this government can be accountable on. Thank you.

---Applause

Capital Planning Consultation
Item 3: Members' Statements

Page 91

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Roland. Item 3, Members' statements. The honourable Member for Tu Nedhe, Mr. Nitah.

Inadequate Support For Small Communities In The Capital Planning Process
Item 3: Members' Statements

Page 91

Steven Nitah Tu Nedhe

Mahsi cho, Mr. Speaker. Mr. Speaker, when the government develops the capital plans, we have been told that the departments consult with the communities to hear about their needs and priorities.

---Interjection

Inadequate Support For Small Communities In The Capital Planning Process
Item 3: Members' Statements

Page 91

Steven Nitah Tu Nedhe

Mr. Speaker, when the Special Joint Committee on Non-Taxed-Based Community Affairs travelled to communities, we heard that many of the small community governments are not sure what capital functions they are expected to perform. Furthermore, Mr. Speaker, many communities do not feel they have the support to be able to deal with their capital plan properly. Mr. Speaker, small communities cannot afford to have engineers on staff to help them, nor can GNWT engineers assist each community government with capital planning budgeting processes. Many community governments do not have up-to-date information about the existing municipal facilities. Many do not have a maintenance management system in place. With turnover in the administration of municipal governments, communities need better ways to keep track of their information about the condition and repairs done to facilities. This information would help in identifying needs and priorities when the time comes for any input into the capital planning process, Mr. Speaker. The skills that are needed to plan and manage infrastructure projects are specialized. Small communities do not have the money to employ engineers and planners on a full-time basis. How, then, Mr. Speaker, is a small community expected to participate in a consultation in a meaningful way, Mr. Speaker? This government needs to provide better support to small community governments to do their capital planning and project management. Small communities need this government to assist with provision of engineering support and maintenance management systems. I will be following up with questions to the appropriate Minister. Thank you, Mr. Speaker.

---Applause

Inadequate Support For Small Communities In The Capital Planning Process
Item 3: Members' Statements

Page 91

The Speaker

The Speaker Tony Whitford

Thank you, Mr. Nitah. Item 3, Members' statements. The honourable Member for Hay River North, Mr. Delorey.

Role Of Deputy Ministers In The Capital Planning Process
Item 3: Members' Statements

Page 91

Paul Delorey

Paul Delorey Hay River North

Thank you, Mr. Speaker. Mr. Speaker, when the government introduced a new corporate capital planning process last year, we were told that the preliminary five-year plan is first reviewed by a deputy ministers' steering committee, then it is reviewed by the Financial Management Board prior to its review by standing committees. The final approval is given when presented in the main estimates to the Legislative Assembly. Mr. Speaker, this new process was introduced and implemented without any input from Members on this side of the House. I am particularly concerned about an apparent expansion in the role the deputy ministers' steering committee plays in setting priorities for capital spending. Mr. Speaker, while I recognize that ultimately Ministers and Members of the Legislative Assembly are accountable to the public on how public money is voted on and spent, the capital review committee is composed entirely of deputy ministers. Mr. Speaker, with this approach, Ministers may never know about all the projects proposed or which ones were dropped from consideration. Certainly, Members are not able to get that level of detail when reviewing business plans. If the details of the process remain more transparent, Mr. Speaker, the public and Members of this Legislature would know about the consultations that have taken place. You would hear about the projects that were initially proposed and which ones were non-starters. Most importantly, Mr. Speaker, we would know how the deputy ministers review committee arrived at their last capital spending priority recommendations for the Financial Management Board. Mr. Speaker, because it is unfair to both myself and other Members of this House just how the final decisions are made, I have to form my own judgments and conclusions about how projects are justified. I know that the capital budget is limited, Mr. Speaker, and that there is not much money to go around. Let's satisfy the public and ourselves that what we do have to spend is adequately and reasonably justified. Mr. Speaker, I have always advocated for an open and transparent government. I strongly believe that the capital planning process is transparent as well and the reasons for decisions to remove or include projects should be communicated to all concerned. Thank you, Mr. Speaker.

---Applause