Thank you, Madam Chair. The Standing Committee on Social Programs met to review Bill 5, An Act to Amend the Judicature Act, on June 20th and October 11, 2005, in Yellowknife; on June 22nd in Fort Smith; on June 25th in Hay River; and on June 27th in Fort Resolution.
The committee would like to thank the Minister and all the witnesses who spoke on the bill. The committee heard requests from two presenters that we not approve Bill 5. Ms. Arlene Hache from the Centre for Northern Families expressed concerns that the courts are biased against some groups and mistrust about how the provisions might be applied by judges to declare vulnerable people vexatious litigants and deny them access to the courts.
Ms. Julie McNeice disagreed that any unresolved dispute should be thrown out of the courts on the grounds of vexation, which, as she pointed out, is a subjective term.
The committee was satisfied in its discussions with the Minister that the process is standard for designating someone a vexatious litigant and is sufficiently high to protect individuals' access to the courts. The committee also had a question from Ms. Bernadette Unka, a Fort Resolution resident, about whether these provisions could conflict with treaty rights. The committee put this question to the Minister, who advised us that he did not see the amendment having any unintended implications or applications to treaty and self-government agreements. As the Minister reiterated, this really is about people who advance a position continually and chronically, that doesn't have any merit, before the courts, and it would not be a decision that judges would take lightly.
Following the clause-by-clause review, a motion was carried to report Bill 5 to the Assembly as ready for Committee of the Whole. This concludes the committee's general comments on Bill 5. Individual committee members may have questions or comments as we proceed. Thank you, Madam Chair.