This is page numbers 1899 - 1944 of the Hansard for the 15th Assembly, 3rd 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 chairman.

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Henry Zoe

Henry Zoe North Slave

Madam Chair, I move that Bill 17 be amended by -- how am I going to put this now -- by inserting:

11. This act comes into force on the day the Civil Marriage Act (Canada) comes into force.

The Chair

The Chair Jane Groenewegen

Okay, Mr. Zoe, I think we'll need to take a break in order to have that motion printed up and brought back into the House and translated and then we'll be back. We'll have a break until then. Thank you.

---SHORT RECESS

The Chair

The Chair Jane Groenewegen

I will call Committee of the Whole back to order. Before the break, Mr. Zoe had moved that the following be added after section 10 of Bill 17: Commencement, clause 11. This Act come into force on the day the Civil Marriage Act (Canada) comes into force." Mr. Zoe.

Henry Zoe

Henry Zoe North Slave

Madam Chair, I would like to withdraw that motion and I would like to move another one.

---Withdrawn

Henry Zoe

Henry Zoe North Slave

I move that the following be added after section 10 of Bill 17:

Commencement

11. This Act comes into force on the earlier of:

a) the day the First Session of the 38th Parliament of Canada is prorogued; and

b) the day the Civil Marriage Act (Canada) comes into force.

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Zoe. The motion is in order. To the motion. Mr. Zoe.

Henry Zoe

Henry Zoe North Slave

Just for clarity for the Members, it gives us an opportunity to...The way it reads now, it will come into force as soon as we give it assent in this House. So what this amendment does is to delay it to a day certain. Day certain meaning either the first session of the 38th Parliament when they prorogue, or when the Civil Marriage Act comes into force. So whatever happens with the Civil Marriage Act, if it dies or gets passed, our legislation will continue to come into force at either of those two times. This is what the motion is saying. It will give more comfort to most of us on this side of the House who feel strongly about the type of things we talked about today. This is a compromise with the government. I hope this amendment will be carried. Thank you.

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Zoe. To the motion. Mr. Menicoche.

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you very much, Madam Chair. I'll be voting in favour of this motion and I just wanted to say, as well, if my honourable colleagues are feeling a little bit on edge like I am, there's probably a reason for it, Madam Chair. For myself I'm taking exception to what's going on here tonight. I believe that I interjected a point of order earlier and I still do maintain that, Madam Chair. However, what has happened is that our legislative process here was hijacked. We made significant changes to the content of this bill and there are enough changes to do that, Madam Chair. There are five amendments to a bill with 10. I believe that the public has a fundamental right to have input into what we, as legislators, are doing. Every one of us, as Members, talk about this on a daily basis. The fundamental right of our public to have a say and to have input. Now I am stating for the record what we have done tonight, by introducing so many

amendments, has circumvented the process of our institution we so proudly represent, Madam Chair. I demand that we allow our committee system to provide due process and due diligence by re-examining this bill once more. I feel very strongly about it. We have a public process. We went out there and we didn't show them the bill that we're passing here tonight and there's something fundamentally wrong if we're going to do that as legislators. That's why I feel so strongly about it. Thank you, Madam Chair.

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Menicoche. To the motion. I have Ms. Lee.

Sandy Lee

Sandy Lee Range Lake

Thank you, Madam Chair. I will not be supporting this motion for three reasons. One is that, as I stated, this bill has nothing to do with the Civil Marriage Act in Ottawa. This is creating equal status between unmarried couples and other unmarried couples. It has nothing to do with marriage.

An Hon. Member

To the motion.

Sandy Lee

Sandy Lee Range Lake

Excuse me, I get to speak, I believe. Anyway, they are not related. So in my view, they are not related. I am not saying that other people have no right to their views.

The second thing is I think to say that if the parliamentary session prorogues, I'm not sure if we had and precedence in setting our rules that way. We don't know when that is, and when is the last time we really tied our legislation with what was happening there anyway. So I think we can do our own work. I don't think this is related and for that reason I'm not going to support this motion. Thank you.

The Chair

The Chair Jane Groenewegen

Thank you, Ms. Lee. To the motion. Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Madam Chair. My time was to be used up to seek further clarification to 11 clause (a) or 11 subsection (a), which is I'm just trying to understand that, because if the present Parliament prorogues today, although they may not be able to answer this question due to process, but I'm a little concerned because if the present Parliament prorogues tomorrow, were dissolved tomorrow and would that not do the same as what we are going now to allow if it is to come into force. So I'm sorry, I have to say I can't ask questions to the movers. Madam Chair, who can we ask these questions to or can I request a recess to get clarification of what this actually means?

The Chair

The Chair Jane Groenewegen

Mr. Hawkins, could you please just repeat your last question? I'm sorry, I was having a sidebar. Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Madam Chair. I respect my colleagues who are putting forward this and I want to emphasize at least enough so they know that I'd like to understand what this means. So I'm trying to figure out exactly what 11(a) really means. Parliament dissolves tomorrow, be it whatever reason, does that mean that this comes into force or does that mean that this issue is completely off the table? How do we get answers to these types of questions, because I can't ask the mover? So do we ask the Law Clerk to clarify that, or do we ask the Minister back into the chair? Thank you, Madam Chair.

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Hawkins. I'll ask Mr. Boyd, who is the Law Clerk here for us today, if he would please speak to that question. Thank you. Mr. Boyd.

Law Clerk Mr. Boyd

Thank you, Madam Chair. With respect to the Member's questions concerning clause (a) of the amendment, the effect if the bill was passed today in the House and if Parliament was to prorogue, if Parliament was to end, essentially the bill would come into force.

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Boyd. Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you. If I could further seek clarification on this motion; then, in other words, if Parliament, for some reason, manages to stay alive maybe another four years, therefore, that would limit the ability as the way this motion is written for this bill to come into force. Is that what that means? Thank you.

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Hawkins. Mr. Boyd.

Law Clerk Mr. Boyd

Thank you, Madam Chair. In response to the Member's question, if clause (b) and the Civil Marriage Act did not come into force the legislation, Bill 17, would not come into force until the 38th Parliament ended. So to respond specifically to the Member's question, it could be contingent on the length of the current Parliament before the bill would actually come into force.

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Boyd. Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you. I believe that the Law Clerk perfectly clarified the questions that essentially as I understand it -- and I would request that the Law Clerk correct me if I'm wrong -- but as I understand it, 11(a) is basically a delay tactic or, I should say, a delay switch on this legislation. Thank you.