The Need For Family Violence Protection Legislation

In the Legislative Assembly on February 24th, 2003. See this topic in context.

The Need For Family Violence Protection Legislation
Item 3: Members' Statements

Page 261

Thank you, Mr. Speaker. Mr. Speaker, I listened with interest to Minister Allen last week as he made a statement on family violence legislation. I was impressed as he, early in his statement, clearly outlined the social benefits of such legislation. He correctly noted that such legislation gives people at risk of violence another legal tool they can use to protect themselves and their families. But then, Mr. Speaker, I was astounded to hear the Minister say: "We need to have public consultation on whether or not our residents want this legislation." This, Mr. Speaker, after groups ranging from seniors to members of the Social Agenda Working Group have said that we should have this type of legislation on the books.

Mr. Speaker, the Minister said we couldn't proceed with the legislation because people need to be trained to use it. Mr. Speaker, that would be a good approach, but it's not the one we take most often. Usually we pass legislation, and then set

up the administrative procedures to implement it. That's what we should do with family violence prevention legislation.

Mr. Speaker, let's put some teeth in our declaration of November 3, 2000. In that declaration, Members of this House unanimously said:

The Members of the 14th Legislative Assembly declare their intent to address the issue of family violence through their personal commitments to help stop family violence through their own actions in leadership and further support the collective commitment of the 14th Legislative Assembly to work in partnership with communities and their leaders to help lift the silence surrounding family violence and create caring supports for people experiencing violence.

Mr. Speaker, I checked with Alison MacAteer House, one of the women's shelters in the Northwest Territories. Last year, they had 404 admission inquiries; 153 women were turned away because they were full; 152 women were admitted. When you add in the number of kids who were admitted, that number comes up to 344. Mr. Speaker, it is time to act now. Later today, I will present a motion, seconded by my colleague for Hay River South directing the Minister of Justice to introduce a Family Violence Protection Act in June. Not just table it, as he has offered in his statement, but present it for first and second reading. Mr. Speaker, let's get serious about family violence protection. Thank you.

---Applause

The Need For Family Violence Protection Legislation
Item 3: Members' Statements

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The Deputy Speaker David Krutko

Item 3, Members' statements. Mrs. Groenewegen.

The Need For Family Violence Protection Legislation
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Jane Groenewegen Hay River South

Thank you, Mr. Speaker. Mr. Speaker, today I would like to address the issue of the need of family violence legislation for the Northwest Territories. Other Canadian jurisdictions have realized the merit of this type of legislation. It is time that we further demonstrated our commitment as an Assembly to the elimination of family violence by enacting legislation as well.

We've been talking about this for long enough. I do not believe that there are any credible arguments to be made for deferring or delaying the passage of this legislation during the life of the 14th Assembly. I am not deluded in thinking that this legislation in and of itself is the answer to all our problems with family violence in the Northwest Territories. However, I do believe that it could be a very significant piece of what needs to be a comprehensive approach to not just family violence, but to many of the underlying root causes which manifest themselves as violence. Things such as substance abuse, mental illness, frustration and societal indifference. One of the most important things that family violence legislation would accomplish, is to provide a tool which could expedite the process by which victims, mostly women and children, could be distanced from the immediate harm of the offender without involving lengthy channels normally used in dealing with criminal offences. This would enable law enforcers to assess the situation, seek timely approvals and remove the offender from the home. An intervention could occur before an incident would potentially escalate to bring irreparable harm to the victim or children in the home, an intervention which would be logistically and emotionally less disruptive to the family. What would happen next is as variable as the circumstances and dynamics of the relationship. It might depend on how prepared the parties are to deal with the situation, how long it has gone on or what supports and remedies are available to assist.

I would liken it to a medical intervention. When someone is injured, remove the patient from the immediate threat of further harm, assess the situation and stabilize the patient. Hopefully removing the offending party would at least temporarily stabilize the situation long enough to assess potential options. With effective help, maybe a relationship could be saved; maybe the integrity of a family could be preserved. Everyone in the family loses when family violence goes unresolved. Mr. Speaker, violence of any type, especially family violence is a very complex matter. Situations get out of control and what ensues can be a very traumatic and debilitating force, both in terms of the obvious physical trauma, but also the more difficult to quantify psychological effect for both victims and even witnesses, often children.

Mr. Speaker, I would like to seek unanimous consent to conclude my statement.

The Need For Family Violence Protection Legislation
Item 3: Members' Statements

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The Deputy Speaker David Krutko

The Member is seeking unanimous consent to conclude her statement. Are there any nays? You have unanimous consent.

The Need For Family Violence Protection Legislation
Item 3: Members' Statements

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Jane Groenewegen Hay River South

Thank you, Mr. Speaker and thank you colleagues. I suggest to you that a means of timely intervention would most importantly provide assistance to the victims, but it would ultimately benefit perpetrators of violence as well, as most later regret what they have done to a loved one in the heat of anger or under the influence of alcohol.

---Applause

I was given to believe that family violence legislation would be passed during the life of this government and I would be the seconder to a notice of motion today to accomplish that. Thank you, Mr. Speaker.

---Applause

The Need For Family Violence Protection Legislation
Item 3: Members' Statements

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The Deputy Speaker David Krutko

Item 3, Members' statements. The Member for Great Slave, Mr. Braden.

The Need For Family Violence Protection Legislation
Item 3: Members' Statements

February 23rd, 2003

Page 262

Bill Braden Great Slave

Thank you, Mr. Speaker. The pervasive plague that is family violence is an enormous yet sadly under-recognized crisis in our society. In fiscal year 2001, 621 women and children were forced to use safe shelters in the NWT. Collectively, they spent more than 8,300 nights away from their homes. That's the equivalent to more than 13 years in hiding. They were fleeing the 424 spousal assaults reported to the RCMP that year. These are horrific numbers. Indeed our rate of demand for safe shelters is eight times, Mr. Speaker, the national average. These are only the cases reported to authorities. When one understands that far more assaults, beatings and other forms of abuse go unreported, we begin to grasp just how broad and far reaching this is. We have an epidemic raging. It's been described as a tragic and destructive problem of grave proportions. What are we doing about it?

In 1994, the Legislative Assembly of the NWT made a declaration on family violence and this Assembly renewed it in November of 2000. In 1998, the Status of Women Council of the NWT held an interdisciplinary conference and from this was formed the Coalition on Family Violence. Sixteen agencies plus three departments of this government have pooled their collective strength to seek answers. Under the leadership of the Status of Women Council, they produced late last year a research project and survey called Family Violence in the NWT. Its 42 recommendations are based on extensive research and 104 interview surveys across the NWT. A protocol agreement is being circulated across the territory to gain support for this document and the development of an action plan on family violence that will flow from it. We will need to bring many skills together of many levels to really make a difference.

Mr. Speaker, if there is anything encouraging on the face of this devastating issue, it is that so many leaders in government, community and aboriginal circles are focusing on family violence. I want to sharpen this focus and, along with my colleagues, I want to see this Assembly take a stand on one part of the problem and that is to introduce and pass new legislation which, in simple terms, will reverse the process that we use today, which will cause the abusers, not the victims, to deal with the consequences of violent behaviour. I urge the Minister of Justice to proceed without delay in bringing this new bill before the House. Thank you, Mr. Speaker.

---Applause

The Need For Family Violence Protection Legislation
Item 3: Members' Statements

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The Deputy Speaker David Krutko

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

The Need For Family Violence Protection Legislation
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Steven Nitah Tu Nedhe

Mahsi cho, Mr. Speaker. My condolences go to Mr. Whitford and his family for their loss.

Mr. Speaker, I am standing in support of my colleagues who will be introducing a motion for the creation of a Family Violence Act. Mr. Speaker, my colleague Mr. Braden spoke eloquently, and gave us some numbers that are disturbing. But he made one point that I think we should grasp. He is saying that this act would be one tool for our resource people to deal with family violence.

The numbers indicate to me, Mr. Speaker, that this is just not a problem that is sourced by one area. It's our low education rate, our high unemployment rates in the communities, our massive shortage of housing, isolation, FAS/FAE. All of those are contributing to family violence. Our numbers speak to that. I encourage the government to introduce legislation and go through the proper number of readings, so the next Assembly can implement the act. I also encourage the government to recognize that this is not a one-source problem. This is a territorial problem that is all inclusive. As I said, Mr. Speaker, it's isolation, the high cost of living, the shortage of housing, low rate of education, FAS/FAE. Those are all contributing factors. As we develop the legislation, as a government, I encourage them not to focus in on that one bill, but look at it holistically. I commend my colleagues in pushing this to the department and I will be supporting their motion. Thank you, Mr. Speaker.

---Applause

The Need For Family Violence Protection Legislation
Item 3: Members' Statements

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The Deputy Speaker David Krutko

Item 3, Members' statements. Mr. Allen.

The Need For Family Violence Protection Legislation

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