Thank you, Mr. Chairman. I would like to thank Minister Krutko and his officials for being here with us today and also I would like to thank the Members for allowing this discussion to occur. I think we are well aware of the fact that this is an important moment because it's not usual or we don't regularly have WCB officials appearing before us. I think this speaks to the desire on the part of the Members of this House to work through some of the long outstanding issues pertaining to the WCB and its services to the public. This is a part of a long-term process, long-term work that's been going on for at least the time that I have been here for the last seven years starting with the Act Now hearing that we
had. There have been series of studies and legislative changes and action plans.
I think this is an occasion for us to comment on the Auditor General's report on the review of the WCB, as well as the response from the WCB along with the other documents such as the communication plan that the Minister has so kindly tabled in this House for us to discuss.
Mr. Chairman, as a general comment, I think the most important thing I would like to see us get a full grasp on and something I would like to see stated very clearly in the upcoming legislation, because we understand that in short order there will be new legislative amendments or new legislation of WCB that's going to replace the current one. I think the important thing that we need to keep in mind and that has to be clarified in the legislation is what the Auditor General said herself in the review. That is that the WCB is a public institution. There is a lot of weight in that and there is a lot of significance in that. For me, something that is a public institution means that it is publicly accountable. That is where my focus is also.
Mr. Chairman, I believe very strongly that it is very erroneous and irresponsible for anyone to adhere to a legal opinion that because WCB does not directly get the money from this body that they are not directly accountable to either the government or the Legislature or the public. I have heard that often and I want that completely discarded. Mr. Chairman, the important thing is WCB, I know they get money from the ratepayers, but they would not be able to get money from ratepayers if it weren't for the fact that this body, a legislative body, a law-making body, made the law that allows them to do that. There is no employer in this jurisdiction who could operate without collecting WCB money. That makes WCB a public institution and a publicly accountable body.
There is a contract that goes behind the fact that WCB can collect ratepayers' money, and that is that employers get relief from any action from injured workers. Injured workers give up the right to sue the employers, so that in exchange employers pay that money to the WCB. So in that very fundamental way, this is a public institution and one that should be publicly accountable. I think that we should take some time and address our mind to what that exactly means.
Mr. Chairman, I think it's really important to say that there is a reason why WCB is called the Workers' Compensation Board. It's not called ratepayers' protection board. I don't have anything against ratepayers. I understand the money has to be spent responsibly, but the board is, first and foremost, the Workers' Compensation Board and they are there to serve the body. It's not called WCB administration protection board nor is it called we will deny you until you give up board. The board is there to compensate and protect the workers, not anything else. The board has an obligation to set up necessary administrative and policy framework so that workers get supportive and courteous service at every level.
Workers have the right to a fair hearing from an independent and a fair-minded tribunal at every step. Workers should have the right, and they have the right, to access necessary resources to make their case and present their case and not the way the situation is now, where the workers have to spend years getting through the process. They have to get their own legal help to take on the establishment that is so much more resourced than they could ever hope to have.
Mr. Chairman, we need to balance this. The whole system runs under the principle that the workers give up the right to sue. Employers are protected, but we are seeing situations where so many workers are having to sue. We have to revisit that.
Mr. Chairman, workers have the right to expect that the board respond to the decisions of the court of the land. When there are decisions at the Supreme Court of the NWT, Supreme Court of Canada or if there are policy decisions in the medical field, even the employers have argued that they would like their workers compensated.
I think that evidence is quite overwhelming that in many cases, and it's not in just one or two cases, in many cases with a consistent theme such as chronic pain policy or in many areas, the workers have not had that kind of response from the Workers' Compensation Board. Workers have the right to expect the...Workers' Compensation Board works for the people and that they would address their mind to change policies with the time, with the changing environment, with the lifestyle, with the kind of work involved, the Workers' Compensation Board would change to address the needs of the workers. We have to go back to the basics. Why does a Legislature like this set up legislation like this to allow a body to collect money from employers and ask the employees to give up their right to sue? Why do we do that? That is so that we have something that works for everyone, the workers, the employers and that there is an accountability principle behind that.
Mr. Chairman, the need to change with the time is very important because when the WCB system was set up in the late 1800s, we lived in a completely different time. The Meredith principle is a good principle but we have gone beyond that where we need to get on with different conditions, different working conditions, different expectations on the part of people about their rights and about their needs from the government in a public accountable body such as this. I can tell you I have not seen any of that. Any measures to accommodate that are being resisted, are being denied, are saying we are being presented with unilateral positions that give no room for discussion and constant effort on the part of WCB to reduce and minimize the role and responsibility of a public accountable body like this.
I am really pleased that we have the Minister and the WCB chair here, because I know that they are very responsive, and the board members. I know we are going to have lots of specific questions and comments with regard to WCB's response to the AG report. I am going to have questions on the communications strategy and what I would like to see included in the new legislation. For now, those are my opening remarks. Thank you, Mr. Chairman.