This is page numbers 369 - 412 of the Hansard for the 15th Assembly, 4th 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 decision.

Topics

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Aitken. Mr. Braden.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Bill Braden

Bill Braden Great Slave

Thanks very much, Mr. Chairman. The other aspect -- and I believe the Minister and our chair, Ms. Lee, also referred to it -- is the implementation and the rollout of this. The key guideline that is expressed to us here was simplicity, and straightforward. I remember seeing an example of one form, I think it might have been out of the United States, but gosh, I think it was three long legal pages, very detailed; and I'm wondering if the Minister and his people have looked at this, and can we really deliver something that is going to be easy to implement, easy to act on, without getting confused or wrapped up in a whole bunch of detail that somebody may at some point be able to call, gosh, you know, you didn't fill out section F properly. This form is now null and void, and it's too late for you to do anything. I hope we can avoid those kinds of fine detail tangles in this. So have we looked at an implementation that's going to be simple and easy? Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Braden. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Chairman. Mr. Chairman, we are working on the communication and implementation. The coming into force date we're planning for is January. These requirements in the act are very basic. We will send out examples of a letter, or forms of letters, different options of how it could be structured, but it's very, very basic to meet the intent and requirements of the act.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Minister. Anything further, Mr. Braden?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Bill Braden

Bill Braden Great Slave

To implementation, will a form that is filled out in any of the NWT's 11 -- I believe it is 11 -- official languages be recognized as a binding and legal document? Thank you, Mr. Chair.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Braden. Mr. Miltenberger.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Madam Chair. Madam Chair, this act has allowed us to recognize a personal directive in any language. Providing it's clearly understandable in terms of what is being said, then, yes. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Miltenberger. General comments. I have Mr. Yakeleya.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Madam Chair. Just to follow up on some of the questions that Mr. Braden had in terms of the legality or legitimacy of these personal directives. Some of the people are low income or don't have access to lawyers. I don't know if this can ever be brought up to a proceeding in the court. What type of support or security do they have if they were to go into, say, Stanton tonight, and talk to family members? How legitimate is this? What support is there if there is credence to this personal directive? Thank you, Madam Chair.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Yakeleya. Mr. Miltenberger.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Madam Chair. Madam Chair, the intent is to have this act come into force January 1st, at which time any directives done that comply with the act will have legal standing within the act, and will be treated as binding legal documents.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Miltenberger. Mr. Aitken.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Aitken

Thank you, Madam Chairperson. The only thing I would add to what the Minister said is that the provision of the bill that says that where the directive is made in the Northwest Territories, it must be made after the coming into force of the act for it to be in effect in the Northwest Territories. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Aitken. Mr. Yakeleya.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Madam Chair. My understanding is that after this comes into force, these documents and these personal directives will be legally binding documents. Is that my understanding, Madam Chair?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Yakeleya. Mr. Miltenberger.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

October 19th, 2005

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Michael Miltenberger

Michael Miltenberger Thebacha

Yes, Madam Chair.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Any further general comments? Mr. Yakeleya.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Madam Chair. Are there going to be some lawyers available in terms of if this ever gets into a dispute, family members or whenever we have an opening that somebody could call this into question in regard to the directives? Is there going to be assistance to some of the people? I just want to know if there are going to be lawyers available to help in this type of situation. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Yakeleya. Mr. Miltenberger.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Madam Chair. Madam Chair, if there was some fiscal incapacity, then the individual would go through the legal aid process to see if, in fact, they would be able to get support if this matter was taken to the Supreme Court. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Miltenberger. General comments. Detail. Bill 7, Personal Directives Act, clause 1.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Clause 2.