Clause 16.

Clause 17.

Clause 18.

Clause 19.

Clause 20.

Clause 21.

Bill as a whole.

Does the committee agree that Bill 12 is ready for third reading?

Bill 12 is now ready for third reading. At this time, I would like to thank the Minister and his witnesses. Can the Sergeant-at-Arms please escort the witnesses?

Thank you, committee. I would like to call Committee of the Whole back to order, please. We are on Bill 15, Court Security Act. I would now like to ask the Minister responsible to introduce Bill 15. Mr. Bell.

Thank you, Mr. Chair. Mr. Chair, I am pleased to come before Committee of the Whole to review Bill 15, Court Security Act. The purpose of the bill is to implement security measures for the protection of people who attend or participate in court proceedings. The new act would do this in four ways.

First, no weapons would be allowed in court areas unless specifically authorized. Second, the areas where judges and court clerks work could be established as restricted personnel zones by regulation. Third, certain areas in courthouses could be established by regulation as restricted equipment zones. Use of cell phones, cameras and recording equipment would be limited or prohibited in these zones. Finally, Mr. Chair, security officers would have the legal authority to enforce these security measures and it provides clear penalties for non-compliance.

Legislation restricting what people can do on court premises is in effect in eight provinces across the country. This bill will not change the way courts operate. Court circuits will continue and trials will still be held in communities. This bill sets out in legislation specific security measures that can be put in place in any court facility.

Security measures provided in this bill would apply to Supreme and Territorial Court sittings in all NWT communities. It would authorize security officers to screen people in court areas for weapons. It does not mean that everyone going to court will be searched. It gives security officers the authority to evict anyone who possesses a weapon or who refuses to be screened for weapons.

As I said earlier, Mr. Chair, the purpose of the bill is to keep people safe when they attend court while permitting the court to function effectively. For example, RCMP officers will be able to carry their side arms. Weapons that form part of an exhibit for trial will be permitted to enter the court premises. I would be pleased to answer any questions the committee may have about this bill. Thank you, Mr. Chair.

Thank you, Minister Bell. I now would like to go to Mr. Braden of the Standing Committee on Social Programs which reviewed the bill to make committee's comments. Mr. Braden.

Thank you, Mr. Chair. The Standing Committee on Social Programs helped hold the hearings on Bill 15, Court Security Act, on December 5, 2005, in Yellowknife; on December 6th in Enterprise and Kakisa; and on December 7th in Fort Providence and Behchoko. Clause-by-clause review of the bill took place in Yellowknife on January 31st.

Some committee members and members of the public expressed general concerns that the act might be used as a justification for relocating trials from small communities to large centres, Mr. Chair, and to justify building a new courthouse in Yellowknife at the expense of investing in justice programs for small communities. Members also

had concerns about how the act would be applied in small communities. For example, many people, especially elders, habitually carry knives or other tools that could be considered weapons. The committee hopes that court security personnel will use their discretion appropriately in these cases by either allowing people, especially elders, to keep their tools on them if they do not pose a threat, or by respectfully asking them to leave their tools outside the court area.

The committee would not want to see people treated with unnecessary harshness or charged under the act where they may just have been unaware of or have misunderstood the rules, rather than having any intention to cause harm.

Following the clause-by-clause review, Mr. Chair, a motion was carried to report Bill 15 to the Assembly as ready for Committee of the Whole. That concludes the committee's general comments on Bill 15. Individual committee members may have questions or comments as we proceed. Thank you, Mr. Chair.

Thank you, Mr. Braden. Seeing as we already have the witnesses in the Chamber with us, I would now like to maybe perhaps get the Minister to reintroduce the witnesses for the record.

Thank you, Mr. Chair. Reg Tolton, the assistant deputy minister of Justice; Rebecca Veinott, legal counsel.