This is page numbers 341 - 376 of the Hansard for the 15th Assembly, 6th 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 name.

Topics

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 361

Calvin Pokiak

Calvin Pokiak Nunakput

Yes, Mr. Chairman. Just to follow up, will it be a really quick process if a request is given to the department for disclosing information? Thank you.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Pokiak. Minister Roland.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. Mr. Chairman, as we proceed with this and go to implementation, one of the things we will be working on is a transition plan looking at certain areas such as timing and how things will flow. That's one of the things we will take into consideration. Of course, there would be some cases because we will have to work with individuals and do the notification; there may be some time lag as well. Thank you.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Minister Roland. Next on the list for general comments I have Mrs. Groenewegen.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River South

Thank you. Just for clarification, I wasn't on this committee that went to public hearings or considered this Change of Name Act. It says Bill 13 will replace the existing Change of Name Act similar to other Canadian jurisdictions. Legal name changes will be possible through an administrative process rather than a court process. There's a highly publicized case in the media just in the last couple of weeks about a couple who were living in Quebec. I think the bride was from Ontario and, in fact, in Quebec, she could not change her name to her spouse's name in Quebec. There was only two criteria that would allow you to change your name to your spouse's name and one was if your name would lead to ridicule of some kind and the other was something else like that. So when you say similar to other jurisdictions, I just want to clarify here, then, when it says the bill gives equal rights to married and common-law spouses, as defined in section 1 of the Family Law Act, to assume their spouse's name without application under the act. So, in fact, not only do you not have to go to court to change your name, as they do in Quebec, to your spouse's name, but you don't even have to make an application under the act. It's just automatically approved and you can take on the name of your spouse. Can the Minister just clarify that for me?

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 361

The Chair

The Chair David Ramsay

Thank you, Mrs. Groenewegen. Minister Roland.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. Mr. Chairman, there will be a couple of routes that will be determined as an application is made or as the process is established what we are going to. Not wanting to confuse the issue, I will have Mr. Parker give some detail on that and how it works.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Minister Roland. Mr. Parker.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Parker

Thank you, Mr. Chair. I will just quickly outline the process. A common-law spouse will sign a statutory declaration when assuming their spouse's surname. In the case of spouses, they use a marriage certificate when assuming their spouse's surname. So that's the process that would be used for those two categories. Thank you.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Parker. Anything further, Mrs. Groenewegen?

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River South

So they would still have to make an application under this act to change their name to their spouse's name. They would still have to make an application under this act. It says they are allowed to assume their spouse's name without application under the act. It says that in Ms. Lee's comments. So they would still have to make an application. Am I correct? Thank you.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 362

The Chair

The Chair David Ramsay

Thank you, Mrs. Groenewegen. Minister Roland.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. I will have Mr. Aitken provide some technical detail on that.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Minister Roland. Mr. Aitken.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Aitken

Thank you, Mr. Chairman. I believe the answer to Mrs. Groenewegen's question is found in section 4(3) which deals with applications. As the Member pointed out, a name change would be made upon marriage without making a change of name application under the act. So it can be automatic if the person chooses that result. Thank you, Mr. Chair.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Aiken. Is there anything further, Mrs. Groenewegen?

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River South

So just to clarify then, in fact, Mr. Chair, this is unique legislation in the fact that this does not coincide with other Canadian jurisdictions; for example, Quebec. Thank you.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: 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. Minister Roland.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chair. Mr. Chair, it does not coincide with Quebec, but it does coincide with other jurisdictions. Thank you.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Minister Roland. I am going to let Mrs. Groenewegen assume the chair.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

General comments. I have Mr. Ramsay.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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David Ramsay

David Ramsay Kam Lake

Thank you, Madam Chair. I just wanted to pick up on an issue that Mr. Yakeleya was talking about earlier and that was the change of name. When we were on the road with legislation earlier this year, we were in Tsiigehtchic and we met up with a gentleman who had told us his name had been changed no less than four times during his life. He was originally from Old Crow in the Yukon. His family had moved east and settled in Tsiigehtchic. He has had an interesting time in trying to understand who is responsible for getting him and his family their name back. Is it the federal government? Is it the Department of Indian and Northern Affairs? Is it our government? Who can this individual talk to to get his name back for himself and for his family? I think that is an identity we all have. We are born into this world as our name. It is very important that he gets his name back, Madam Chair. So I would like to know that.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Ramsay. Mr. Roland.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Madam Chair. Madam Chair, unfortunately, this is more common than a lot of people realize. In the North, many years ago, the federal government actually went around and assigned people new names because they could not write or pronounce the aboriginal names of people in the Territories. At least, that is what has been said. I have had that told to me as well. In the Mackenzie Delta, there was a commission that went around and gave individuals English names. That can be very difficult now to try to go back to some of those. But the process we will have established once this comes into force, it will clarify how that can be done in changing back to the person's name, the birth name they were given. Their aboriginal name as well would be looked at. As for the actual process of what support could be in place, we would have to work that out in the transition plan of what is available. If it goes back to what we can do with the federal government or whose responsibility it is, well, obviously, with the federal government setting that up and going around and having people's names changed, it was very difficult. I think, in the existing system, with the old act in place and having to go to court, it is very difficult when you are from a small community, isolated, trying to get all of the pieces lined up so you can provide the documentation and go before the court, pay the fees and follow through in that process. It makes it quite difficult. This process would make it a bit easier. There still needs to be some documentation, but it would make it a bit easier and the process simpler to go back to that person's original name. Thank you.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Jane Groenewegen

Thank you, Mr. Roland. Mr. Ramsay.