This is page numbers 1271 - 1335 of the Hansard for the 15th Assembly, 5th 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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Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mrs. Groenewegen. Mr. Triggs.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

March 6th, 2007

Page 1298

Triggs

There is a provision in the act, subsection 7.7(2), which allows the Governance Council, not the WCB, to hear an application to stay a decision or order a rehearing of that particular matter. In the past 10 years or since 2000, there have been 10 applications that have been brought before the Governance Council for that. Six of them were brought by workers who wanted to have a decision stayed. In only three cases in that time, the Governance Council has stayed a decision and ordered a rehearing.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mr. Triggs. Mrs. Groenewegen.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

Jane Groenewegen

Jane Groenewegen Hay River South

Thank you. I was kind of under the impression that the Appeals Tribunal decisions were conclusive, final and binding, but I guess in some instances they have not been. I am a bit concerned about the arm's length, as you describe it, nature of the Appeals Tribunal from the Workers' Compensation Board. I would like to ask, Mr. Chair, if, to the knowledge of the people who are presenting here today, if anybody from the Governance Council or the Workers' Compensation Board has ever, I don't want to use the word tampered, I want to use the word consulted, even with members of the Appeals Tribunal when a case was being heard. What kind of interaction would be necessary to have between the Appeals Tribunal members and anybody on the Governance Council or in the senior management or the WCB in hearing appeal? Thank you.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mrs. Groenewegen. Mr. Triggs.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Triggs

Yes. I don't have the actual paragraph number from the Auditor General's report at my fingertips, but the Auditor General looked into that matter and said if there are no communications between the WCB and the Appeals Tribunals, the Governance Council does not have any discussions with the Appeals Tribunal if the matter is before them. For clarification on one point, what you said was about not being final and conclusive. They are final and conclusive. The only area in which the Governance Council can stay a decision is when they feel that the Appeals Tribunal hasn't followed the rules for deciding a matter. Again, that is outlined in the Auditor General's report how that works. So it is when they feel they haven't properly applied the rules, they say no. You should rehear this one because you haven't applied the rules. Make your decision. Your decision is final, but apply it with the rules.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mr. Triggs. Mrs. Groenewegen.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

Jane Groenewegen

Jane Groenewegen Hay River South

Just a final comment on the Appeals Tribunal. I just find it curious that an appeal panel or an Appeals Tribunal that is comprised entirely of laypeople could deal with matters that are highly technical from a medical and sometimes from a legal perspective and not have to rely on pretty much a consistent advisor in those areas in assisting or arriving at their decisions. That is comment. I find that very curious. Thank you, Mr. Chair.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mrs. Groenewegen. Next on the list, I have Mr. Yakeleya.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Mr. Chair. I have questions. What I am hearing here seems to have a familiar ring in terms of what I experienced with the residential school claims and the students in the Northwest Territories. We agreed at some point as parties to the claims. It seems that, in principle, we agree with it, but when it gets down to the administration part, it seems like us in terms of our claims in Ottawa, some bureaucratic processes that pumps it up and shoots it back. It has a severe impact on people who are going through this process. Sometimes there is verification on the claim. There are witnesses. These people are provided with some advice and some support to go through it, because it is traumatic being off the job, away from work or whatever. It is a traumatic period of my life in terms of our turmoil in the community and your family, just like the residents who claim. Is this a process that we are once the governance committee or whoever rules the tribunal says, yes, this is what we ruled on? Do what they have done. It is similar to what we went through in the residential school claims in the Northwest Territories. We found out through that process. It is aggravation and pain that we had to go through because some of the senior bureaucrats that put doors in the way that said uh-oh and we kept getting phone calls. I guess as a legislator, that is why I am coming to voice my concern here. Is this what is happening here? If it is, what can we do to straighten that out?

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1299

The Chair

The Chair David Ramsay

Mahsi, Mr. Yakeleya. Mr. Minister.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Krutko

David Krutko Mackenzie Delta

Mr. Chair, in regards to the legislation that is coming forward next week, that is where we see making the fundamental changes to ensure that the rules and responsibility of the different groups that are involved in the workers' compensation process is clearly spelled out in legislation. That is where we can make the change to ensure that it is doing what it is supposed to be doing, and also ensure that we do have those overlaps or loopholes where we are able to clarify that through the legislative changes. That is the process we have seen, also through these recommendations and the process we are going through here is to ensure that we improve the system so we avoid these situations where you have policies and regulations that interpret one way for one group and basically interpret for someone else; that they are clear, precise and also that they are doing the job that they should be.

Just to answer the Member's question, we have to realize that this process has been around since 1977. We have legislation that has been changed pretty well once since then which was the Act Now document. There was major public consultation in that. We implemented phase one. We are now in the process of implementing phase two. I think we have learned from mistakes that have been made. More importantly, we have an opportunity in front of us here today and next week to really improve on exactly what the legislation is but, more importantly, having that input so that we can make sure that these things are avoided in the future. Thank you.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1299

The Chair

The Chair David Ramsay

Thank you, Mr. Minister. Mr. Yakeleya.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Mr. Chair. Mr. Chair, the process, as the Minister has indicated, has been around since 1970. I guess through the trials and errors of hard workers of this process right here, I just want to see in the future that history doesn't repeat itself. Many officials talk about the gaps and we hope we can fill these gaps. Again, as I said in my opening statement, services to the workers in a fair and just manner that they receive as the Workers' Compensation Board will have the resources to have at their disposal to argue a case. The same thing a worker should have. That is all I am going to say. Workers should have the same type of resources available to them as any other person in this process here. Thank you.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1299

The Chair

The Chair David Ramsay

Mahsi, Mr. Yakeleya. Next on the list I have Mr. Braden.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Bill Braden

Bill Braden Great Slave

Thank you, Mr. Chair. If that concludes committee's discussion of motion 31, could we go on to motion 32? Is that our process here this afternoon?

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1299

The Chair

The Chair David Ramsay

Thank you, Mr. Braden. Does that conclude comments on 31? A short question on 31 is being indicated. Do you want to defer to Ms. Lee? Ms. Lee.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Sandy Lee

Sandy Lee Range Lake

Thank you. I just have a question on the reviews and appeals. Are the workers who are going through reviews and appeal process; it was mentioned that the appeals office has legal advice on its own. Do the workers have access to legal opinion and independent legal and medical opinion going through that? Thank you.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1299

The Chair

The Chair David Ramsay

Thank you, Ms. Lee. Mr. Triggs.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Triggs

Both the system of the review committee and the Appeals Tribunal, it is an inquiry model where it is the responsibility of the decision-maker to go and find the evidence. When there are questions of whether or not there is evidence lacking in a particular area, both the Appeals Tribunal and review committee have the resources available to go out and find additional information for them that could be in the form of medical matters opinion. That is where the major area would be for that. So they do have that, but they have to make the decision as to whether or not it is appropriate to go out and spend the resources to do that. It is their decision on a case-by-case matter. There is, at the other levels, really no or very few legal issues that ever come up at the review committee or at the Appeals Tribunal. The workers are represented by the worker's advisor's office in doing these matters. He is quite able to deal with the matters that are associated with the worker claims there.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1299

The Chair

The Chair David Ramsay

Thank you, Mr. Triggs. Follow-up, Ms. Lee.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1299

Sandy Lee

Sandy Lee Range Lake

Thank you. So I take that to be that the workers who are going through the process don't have automatic access or any access to legal advisors of their own other than the worker's advisor. Is that right?

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1299

The Chair

The Chair David Ramsay

Thank you, Ms. Lee. Mr. Triggs.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Triggs

That is correct.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Triggs. Is there anything further, Ms. Lee? Thank you, committee. We will now move on to page 3 of 6, committee motion 32. Questions on number 32. Mr. Braden.