Thank you, Mr. Speaker. Mr. Speaker, I couldn't agree more with the Member that we have to show recognition and continue to show recognition for the need for volunteers and for their actual contributions. If it's necessary and if it's the way to go, I am prepared to support some form of volunteer participation at the board level, a seat at the board level if that's what's needed. Whatever they need for recognition at the board level and participation at board level and continued participation in sports activities, I will support it. Thank you.

Thank you, Mr. Minister. Time for question period has ended. Item 8, written questions. Item 9, returns to written questions. Item 10, replies to Opening Address. Item 11, petitions. Item 12, reports of committees on the review of bills. Item 13, tabling of documents. Item 14, notices of motion. Item 15, notices of motions for first reading of bills. Item 16, motions. Item 17, first reading of bills. Item 18, second reading of bills. Item 19, consideration in Committee of the Whole of bills and other matters: Minister's Statement 44-14(6) and Bill 5, with Mr. Delorey in the chair.

I will call Committee of the Whole to order. We have two issues to discuss in Committee of the Whole: Minister's Statement 44-14(6) and Bill 5. What is the wish of the committee? Mr. Dent.

Mr. Chairman, I would like to recommend that we deal with Bill 5 today.

Thank you, Mr. Dent. Does the committee agree?

The chair will call a short break and come back to consider Bill 5.

---SHORT RECESS

I will call Committee of the Whole back to order. We will consider Bill 5. Does the Minister have any opening remarks? Mr. Handley.

Minister's Opening Remarks

Mr. Chairman, it's my pleasure to appear before Committee of the Whole this afternoon to consider the proposed impaired driving amendments to the Motor Vehicles Act. These new deterrents to impaired driving were first proposed in the 1990s as part of a national initiative entitled "Strategy to Reduce Impaired Driving." The Council of Ministers responsible for Transportation and Highway Safety endorsed the strategy, and the Ministers committed to enacting them in their provincial and territorial jurisdictions.

These amendments are aimed at striking the Motor Vehicles Act with some forceful measures to discourage drinking and driving. Driving a motor vehicle is a serious undertaking; it needs our full attention. The consumption of alcohol impairs our mental judgment and diminishes our physical reflexes.

Impaired drivers run a much higher risk of being involved in a motor vehicle accident. The risk is not only to themselves, but to those they are with and everyone else with whom they share the road. It is an unacceptable and unnecessary risk.

These tougher impaired driving measures do not mean that the police will now attach a greater priority to impaired driving offences ahead of their other policing responsibilities, such as violent crime, theft or fraud, et cetera, nor do the amendments imply that we need more officers to enforce them. The importance of the new amendments is that they give our police officers more and better tools to deter impaired driving. Until now, the Criminal Code and its .08 percent blood alcohol content limit was the only deterrent available to the police to discourage impaired driving. With these amendments, the police will also have the territorial Motor Vehicles Act available to them with the proposed new administrative licence suspensions and lower .05 percent blood alcohol content. The new measures will make our existing enforcement capacity that much more effective.

Mr. Chairman, I want to say that I have been pleased with the positive reception these amendments have enjoyed, both by my fellow Members of the Legislative Assembly and the public at large. More and more drivers these days have come to understand that drinking and driving just don't mix. Regrettably, there are still those who have not yet received the message that society no longer tolerates drinking and driving.

Our message in these amendments is clear. Drinking and driving don't mix, and we hope that these amendments will help persuade drivers not to do it. Thank you, Mr. Chairman.

Thank you, Mr. Handley. Does the chairman of the Standing Committee on Governance and Economic Development have any comments? Mr. Roland.

Standing Committee On Governance And Economic Development Comments

Thank you, Mr. Chairman. The Standing Committee on Governance and Economic Development conducted public hearings on Bill 5, An Act to Amend the Motor Vehicles Act on April 24, April 30 and May 15 and 16, 2003. The committee would like to thank the witnesses who appeared before us and the Minister and his staff for presenting the bill.

The committee commends the government's efforts to reduce needless injuries and deaths in the Northwest Territories, by introducing tougher drunk driving sanctions aimed at getting drunk drivers off the road and encouraging drivers with alcohol dependency issues to get help. All of the witnesses, including representatives of Students Against Drunk Driving, the Salvation Army, the Royal Canadian Mounted Police, and the Chief Coroner expressed strong support for these amendments. As well, the national office of Mothers Against Drunk Driving submitted a letter of support for this bill, and in particular the proposed amendment providing for an automatic 30-day roadside suspension for a second impaired driving offence, which, in their opinion, shows leadership and guidance to other jurisdictions.

While Members were supportive of the principles and intent behind the bill, some Members expressed concern about whether it could realistically be enforced. This concern was allayed to some extent by what the committee heard from the various presenters. The committee was told that the new administrative penalties will give police officers a more effective and immediate means of getting drunk drivers off the road than the existing Criminal Code penalties, and are therefore more likely to be enforced. The RCMP advised us that enforcing this legislation will be a priority for them, and that they will find the funds from within to purchase the necessary roadside breath testing equipment for detachments which do not currently have it. The Minister of Transportation also indicated he would work with the Minister of Justice to see what can be done to improve the adequacy of police resources. The committee would strongly encourage the Ministers and the Cabinet to work together to address this issue. Members feel that the bill will not be effective in reducing impaired driving if there are not adequate resources in place to enforce it.

Members were impressed by the willingness expressed by the Students Against Drunk Driving, the RCMP and the Salvation Army to work together at the community level on education and awareness. As one witness stated, this is not a problem that any one agency alone can handle. The committee heard over and over again that legislation is only one weapon in the fight against drunk driving, and that education and awareness are also critical.

This is especially so because, as Northerners are all too aware, so many alcohol-related injuries and deaths occur with all-terrain vehicles and snowmobiles, which unfortunately will not be covered by the new legislation. The committee heard this is because there is no NWT-wide licensing system for these vehicles and bylaws vary from community to community. The amendments will not apply to boats either, because they fall under federal jurisdiction. Apart from the provisions of the Criminal Code, which are difficult to enforce, education is the only way we have to get people to stop drinking and driving boats and off-road vehicles. The committee would strongly encourage the department to work with agencies such as the Students Against Drunk Driving and the RCMP to send strong messages to the public that operating ATVs and boats while impaired is dangerous and unacceptable. Members also would urge the department to continue looking into options for bringing in administrative penalties for drunk driving that will apply to ATVs and snowmobiles.

Mr. Chairman, those are general comments. I will now turn to some of the details of the bill.

The committee did hear some specific suggestions for tougher legislation. Some witnesses and Members felt strongly that zero tolerance for alcohol should apply to all drivers and not just to novice drivers. The Students Against Drunk Driving suggested that in some cases the police should have the power to impound vehicles for 60 days, rather than 30 days, and requirements for alcohol ignition interlock devices should be mandatory for repeat offenders, and not at the discretion of the registrar.

Bill 5 makes provision for some programs to be implemented at a later date by regulation. As such, the details of these programs are not available for consideration by this House. The committee does have some comments at this time to guide the development of these regulations, and expects that there will be further consultation with the public and with the committee before they are finalized.

The proposed novice drivers program was of particular concern to Members.

In other parts of Canada, these programs sometimes restrict new drivers from being on the road at night. Members believe such restrictions would be too onerous for NWT drivers because of the extreme seasonal variation in daylight hours. Members also noted that nighttime restrictions could prevent new drivers from acting as designated drivers, a practice that may not be ideal, but is preferable to having drivers on the road while impaired.

The Minister assured Members that drivers will only be considered novices once, for the initial two years after obtaining a Class 5 driver's licence. The novice driver regulations will not apply to people reinstating their licences, or upgrading their licences, for example to a Class 3 or Class 1.

Some Members do not believe the novice driver provisions should apply to older drivers who are getting a licence for the first time. The committee would encourage the department to obtain public input on this issue during its consultations on the regulations.

Members also had some concerns with how the vehicle impoundment process will be established in regulations. There are some cases in which Members feel there may be unfair hardship to innocent people. One such case would be where a vehicle is stolen, and is impounded because the thief was driving without a valid licence due to a drunk driving conviction. Another case would be where an entire family depends on a vehicle and it is impounded because of one member of the family. In both these cases the owner or family member would have to establish their legal right to possession of the vehicle and pay the impoundment fees to get the vehicle back. The department committed to looking at these issues in drafting the regulations.

Members asked the Minister whether the amendments would allow police officers to require people to take blood tests and were assured that officers will not have any new powers to require blood tests beyond the provisions in the Criminal Code.

Mr. Chairman, in summary, the committee believes this legislation is a positive step, but understands that enforcement and education are critical to making it work. Members hope the Minister and the various agencies who appeared before the committee will keep to their commitments of working together to raise public awareness and to find the resources to enforce the act. Members also expect the department to consult widely with the public and the committee in preparing regulations.

During clause-by-clause review of the bill, three amendments of a minor and technical nature were passed by the committee and agreed to by the Minister. Following the committee's review, a motion was carried to report Bill 5, An Act to Amend the Motor Vehicles Act, to the Assembly as ready for Committee of the Whole. This concludes the committee's opening comments on Bill 5. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chairman.

Thank you, Mr. Roland. Does the Minister wish to bring in any witnesses? Mr. Handley.

Yes, I will, Mr. Chairman.

Does the committee agree?

Sergeant-at-Arms, would you escort the witnesses in please?

For the record, Mr. Handley, could you introduce your witnesses please.

With me today are Peter Vician, deputy minister of the Department of Transportation; and Rebecca Veinott, legislative counsel with the Department of Justice.

Thank you, Mr. Handley. We're on Bill 5, An Act to Amend the Motor Vehicles Act. I'll open the floor to general comments. Mr. Dent.

General Comments

Thank you, Mr. Chairman. Mr. Chairman, I'll speak very briefly in favour of this bill. I think that it's important to send the message that we will not tolerate drinking and driving on our roads, and I am pleased that the government has taken the initiative to bring forward this legislation.

The statistics have told us that 75,000 Canadians are affected in some way by drunk driving each year. While it's getting better, unfortunately far too many Northerners are still driving after drinking. The statistics are, per capita, worse in the North. In fact, more than half of Canadians say that governments are not doing enough to combat drinking and driving, and a quarter of Canadians say that drinking and driving is the greatest highway safety concern. I'm hearing those concerns from my constituents, and they have told me that they support this action that we are taking here today.

This generation's young people have worked hard to send the same message to legislators, proving to us that this pending legislation is widely supported by the public. Young people are telling us that we need stricter laws and tougher consequences for drunk drivers. I'd especially like to salute the efforts of SADD here in the Northwest Territories -- the Students Against Drunk Driving -- and recognize, Mr. Chairman, that there are three members of SADD in the audience here today. Michele Thoms is the student advisor, Matthew Harvey is a young gentleman who, by the way, represented the constituency of Frame Lake during Youth Parliament and did an admirable job, and he's here. I'm afraid that I don't know the name of the other young lady. But we do have representatives; they are watching us because they too are very concerned that we move forward with this kind of legislation.

In terms of the graduated driving regulations, the research and young people are again telling us that we need safer roads. I know that research has shown that the restrictions that we're proposing do in fact result in significantly fewer injuries and death to young people in the first little while after they get their driver's licence. So this act, overall, will help to make sure that we have safer roads with more experienced and safer drivers on them.

So once again, this is a good bill. I would like to thank the Minister and the government for bringing it forward, and I look forward to its implementation. Thank you, Mr. Chairman.

Thank you, Mr. Dent. Mr. Dent, I would also like to take this opportunity to welcome Vicki Marquez from St. Pat's SADD, and the Chief Coroner for the Northwest Territories, Percy Kinney in the gallery.

---Applause

Mr. Handley, did you have any response to the general comments? Mr. Handley.

Mr. Chairman, no response, just I suppose further comment. This is a serious issue. When we look at the cost to our government, during the last five years there have been seven fatalities that have been directly attributable to drinking and driving. There have been over 120 injuries. So I think that gives some magnitude that this is a serious problem, and an expensive problem both in human life and well-being as well as dollars. Thank you.

Thank you, Mr. Handley. The chair will recognize Mr. Braden.

Mr. Chairman, my remarks will also be brief. I would like to underscore a tribute that Mr. Dent has made to the young people, to the organization of Students Against Drinking and Driving which have chapters and organizations, I understand, in a number of communities in the NWT. Their efforts to spread that awareness and that message among their peers is probably one of the strongest weapons we have in this campaign, especially as it relates to young people. As we can set those values, or help set those values, at this age at an early stage in their driving careers, then I'm very confident that we are going to have safer roads.

It was their efforts and the insistence and the consistency that Michele Thoms applied as the leader of the SADD movement that really helped to bring me on board, and helped me understand just how powerful a voice young people can have. Even when they haven't reached voting age yet, they haven't reached the age of majority or whatever we want to call it, their voice can be heard. They should be proud of themselves and I hope they'll take this empowerment and apply it to other things that matter to young people.

I would also express the disappointment as we went through this bill, Mr. Chairman, and learned that our ability to take these same controls and standards into the area of off-road vehicles and boats was not within our reach. To a large extent it seemed, for reasons of administration or things in our bureaucracy or record keeping that were shortcomings, we wouldn't be able to apply it. I'd be looking in future to how we can cooperate with other departments within our own government and with the federal government to bring these kinds of things into play for recreational vehicles. It's becoming more and more apparent that as these machines get more and more powerful and more and more accessible to people, that it's only inevitable we're going to have more accidents and more fatalities, and it will be in part due to mixing alcohol with motor vehicles of every description. So I'm really hopeful that we'll be able to make some impact in that area as we will today in the motor vehicles on our roads.

So, again, my compliments to the youth, to the police, to people within our own Department of Transportation, to Mr. Kinney, the Chief Coroner, for helping to bring us to this very good thing. Thank you.