This is page numbers 5399 - 5430 of the Hansard for the 16th 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 northwest.

Topics

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Hawkins. The honourable Minister of Health and Social Services, Ms. Lee.

Sandy Lee

Sandy Lee Minister of Health and Social Services

Thank you, Mr. Speaker. First of all, everything that comes through Health and Social Services is highly charged and highly emotional. There are always more demands than supply of money. I just want to clarify the information on funding, because some Members seem to be not clear on that, Mr. Speaker. We just approved the business plan that we cannot talk about. I agree that there was money approved for that for next year, money being discussed, but that hasn’t to do with this funding arrangement we have with YACL. The THSSI funding we just approved in supplementary appropriation yesterday has to do with 2010-11. We have not dealt with THSSI funding for next year.

Mr. Speaker, I want to tell the Member that I am very aware of the importance of this program. I am reading all of the correspondence that I am receiving as well. I am working hard with the department to see how we can assist the association with this situation. Thank you, Mr. Speaker.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Mr. Speaker, I have gotten to know many of these families and they certainly depend on this respite care very highly. It is an important break through the system. It is not a holiday. It is a way to organize their life and give them the chance to be part of a program that allows them to do more. If anyone knows anyone who has a family in this situation, although there are certainly challenges before them and my heart goes out to how hard they work to get through these things. Mr. Speaker, my question being to the Minister now, is the fact is what is the department doing to advocate further funding or support funding in some funding mechanism for this particular issue. The reality is this is really pulling the carpet out from a lot of these families. It would be a significant setback if we don’t continue to find some way to support them. Thank you.

Sandy Lee

Sandy Lee Minister of Health and Social Services

Mr. Speaker, I appreciate the Member’s comment. What I propose to do is work with the association. I am committed to communicating directly with them so that we can sit down and have a dialogue about how we could come up with an agreement. I could tell the Member today that I am committed to finding a solution out of this situation. I understand. I have told the parents who have talked to me that no one has to convince me of the importance of this program. I am a little hesitant to address this publicly, because, Mr. Speaker, every day I get asked by Members and the public for additional funding for all sorts of projects, but I think what we need to do is we haven’t been able to do this yet. I am going to communicate directly with the association and work together to find a resolution. I want to commit to the Member again that I will find the solution. Thank you.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Mr. Speaker, I never get tired of saying, although I don’t have to say it very often. Would the Minister commit to meeting with this constituent organization in my riding, because YACL is a downtown organization? Would she commit to opening up a meeting so we can have this type of bridging conversation with any member who is interested in being involved and finding a solution together? We don’t want to miss a real opportunity here to make sure that these families are supported, and I can guarantee, undoubtedly, that there are many Members in this Assembly who would like to be involved in finding that solution to bridge forward for these families again helping protect respite services here for our residents. Would the Minister be willing to join us and invite as

many Members as possible to be a part of this? Thank you.

Sandy Lee

Sandy Lee Minister of Health and Social Services

Mr. Speaker, yes, as a matter of fact, we are communicating right now to sit down together and to less politicize this issue and have the facts prevail and have my officials sit with YACL and work out a resolution. I say it again, that we will find a resolution to provide assistance to YACL. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Ms. Lee. Time for question period has expired; however, I will allow the Member a final supplementary. Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Speaker. As we have all seen quite clearly, this is an important issue. It sounds as if the Minister can appreciate that it is a significant issue for many families. The point being here is that timing is everything. We need a meeting as soon as possible. Can the Minister ensure that she will commit to having a meeting before Christmas? That way, Members will have time to get down, help source out some solutions and we can get this process moving as fast as possible. Otherwise, if we leave this open without a focus to challenge ourselves, it may sit and drag on forever. The families don’t need that. Certainly Members who are advocating for this issue don’t need that either. Thank you, Mr. Speaker.

Sandy Lee

Sandy Lee Minister of Health and Social Services

Mr. Speaker, I expect that we will resolve this way before Christmas in the very near future. Thank you.

The Speaker

The Speaker Paul Delorey

Thank you, Ms. Lee. Item 8, written questions. Item 9, returns to written questions. Item 10, replies to opening address. Item 11, petitions. Item 12, reports of standing and special committees. The honourable Member for Nahendeh, Mr. Menicoche.

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Thank you, Mr. Speaker. The Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2008-2009 Annual Report of the Languages Commissioner and commends it to the House.

Introduction

The Standing Committee on Government Operations met on May 13, 2010, to review the Office of the Northwest Territories Languages Commissioner’s Annual Report, 2008-2009. The committee would like to thank the former

Languages Commissioner, Ms. Shannon Gullberg, for preparing and presenting the report. The committee would also like to thank the current Languages Commissioner, Ms. Sarah Jerome, for attending and participating in the review.

When the committee reviewed the Languages Commissioner’s 2007-2008 report, it expressed concern that people who speak minority languages may not be aware of the Commissioner and her role. The mandate of the Languages Commissioner is to investigate complaints, yet there have been very few complaints or inquiries. The committee urged the recently appointed Commissioner to promote her role so that more people would bring complaints and inquiries to her.

In the final year of Ms. Gullberg’s term as Languages Commissioner, 2008-2009, Ms. Gullberg was quite active. She visited seven communities and provided promotional packages to all teachers, health care centres and hospitals in the NWT. That was also the year the Standing Committee on Government Operations held hearings throughout the NWT as part of the review of the Official Languages Act. In spite of these activities, there were no formal complaints and only 20 formal inquiries. Both Ms. Gullberg and Ms. Jerome reported that they received telephone calls from people with questions or problems. These could not be pursued formally because there was no written follow-through. In cases like these, the committee recommended that the Commissioner consider replacing the requirement for a written letter of complaint with some other permanent record, such as a sound recording. This could address the issue of people not making a formal complaint because they are not confident in their ability to express themselves in a written letter, or because they are intimidated by the formality of the process. The NWT has a rich oral tradition, and exploring other avenues of complaint would take this into account.

Recommendations

In her 2008-2009 annual report, the Commissioner made recommendations about existing issues and acknowledged some of the recommendations in the SCOGO’s Final Report on the Review of the Official Languages Act 2008-2009.

In her role as Languages Commissioner, Ms. Gullberg initiated an investigation into the existing Aboriginal Languages Revitalization Board and the Official Languages Board. Ms. Gullberg heard that both boards thought that the Minister responsible for Official Languages had never responded to the recommendations made to him since their inception in 2004. However, upon writing to the Minister, Ms. Gullberg learned that there had been a response, but it was unclear if any action had been taken on the recommendations. In 2006, the most recent year that the boards made recommendations, they

raised issues about board member attendance and quorum at meetings. Ms. Gullberg concluded that the boards are looking to the Minister for assistance on administrative issues.

The committee is disheartened to hear that both languages boards have been isolated and inactive. Notwithstanding SCOGO’s report on the Official Languages Act that proposes an aboriginal language protection regime that includes an Aboriginal Languages Advisory Committee, in the interim, SCOGO supports better communications and more leadership and guidance from the Minister to the boards’ membership. The committee believes the Boards should be re-established and given assistance to understand their roles and to establish proper processes to accomplish them.

Recommendation 1

The Standing Committee on Government Operations recommends that the Minister responsible for Official Languages improve communications with the Aboriginal Languages Revitalization Board and the Official Languages Board, or any future language boards or committees; and provide written confirmation to the boards and to the standing committee of departmental follow-through on the boards’ recommendations.

Recommendation 2

The Standing Committee on Government Operations recommends that the Minister responsible for Official Languages provide support to the Aboriginal Languages Revitalization Board and the Official Languages Board, or any future languages boards or committees, in regard to their roles and responsibilities and in dealing with issues internal to the boards, such as attendance and quorum.

Ms. Gullberg supported the concept of a service-based model, as suggested in the Final Report on the Review of the Official Languages Act 2008-2009, to be included in the proposed Official Languages Services Act. The committee’s report contended that including the aboriginal language protection regime in the Official Languages Services Act would provide for its continued existence.

Recommendation 3

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories continue to move forward with the concept of a service-based model as suggested by the development of the proposed Official Languages Services Act.

In SCOGO’s report on its review of the Languages Commissioner’s 2007-2008 Annual Report, the committee requested that that the GNWT provide a

formal, separate response to the Official Languages Commissioner’s report on the state of languages in health care. Instead, the GNWT included that response within its response to the committee report.

Recommendation 4

The Standing Committee on Government Operations recommended the Government of the Northwest Territories provide a formal, separate response to Speaking of Health: Official Languages as part of Quality Health Care in the Northwest Territories, and that it also provide this response to the Languages Commissioner as soon as possible.

The committee’s final recommendation is as follows:

Recommendation 5

The Standing Committee on Government Operations recommends the Government of the Northwest Territories provide a comprehensive response to this report within 120 days.

Conclusion

The Standing Committee on Government Operations would like to thank Ms. Shannon Gullberg for her endeavours over the last five years, and her assistance in the transition of the office to Ms. Sarah Jerome.

The committee would like to recognize Ms. Jerome’s activities publicizing and promoting the role of Languages Commissioner, and is looking forward to reviewing her annual reports and to her continued attendance and participation at community events.

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Mr. Speaker, I move, seconded by the honourable Member for Yellowknife Centre, that Committee Report 4-16(5) be received by the Assembly and moved into Committee of the Whole for further consideration.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Menicoche. A motion is on the floor. The motion is in order. To the motion.

Some Hon. Members

Question.

The Speaker

The Speaker Paul Delorey

Question has been called.

---Carried

Committee Report 4-16(5) will be moved into Committee of the Whole for consideration. The Member for Yellowknife Centre, Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Speaker. The Standing Committee on Government Operations is pleased to provide its Report on the Review the 2008-2009 Annual Report of the Information and Privacy Commissioner of the Northwest Territories and commends it to the House.

Introduction

The Standing Committee on Government Operations reviewed the 2008-2009 Annual Report of the Information and Privacy Commissioner at its meeting on May 19, 2010. The committee would like to thank Ms. Elaine Keenan Bengts for her report and for her appearance before the committee.

The Information and Privacy Commissioner is an independent officer of the Legislative Assembly. Her primary role is to review and make recommendations on public bodies’ decisions related to the Northwest Territories Access to Information and Protection of Privacy Act. ATIPP requires that public bodies demonstrate their accountability by making information accessible to the public while at the same time protecting the privacy of individuals. In her address to the committee, Ms. Keenan Bengts noted that balancing these two objectives can be challenging.

SCOGO is pleased to bring forward the following recommendations that were raised by the IPC in her annual report.

Recommendations

In order to address contemporary records management issues, other Canadian jurisdictions have recently completed reviews of their legislation. The NWT ATIPP legislation was developed more than 13 years ago. The legislators could not anticipate the technological advances that have subsequently occurred. Electronic communication is now the norm, and electronic records are often the primary method of recordkeeping. Given these changes, other Canadian jurisdictions have seen fit to review their legislation. The Information and Privacy Commissioner recommends that the NWT follow suit.

Recommendation 1

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories place a full review of the Access to Information and Protection of Privacy Act on its legislative agenda.

Ms. Keenan Bengts advocates the concept of “privacy by design.” This means that privacy

should be considered and addressed when an organization is being created, and built into systems and business practices. For instance, when the GNWT was considering amalgamating boards with different mandates, i.e. health/social services agencies and education authorities, potential privacy issues would be considered and addressed prior to the formation of new boards.

Recommendation 2

The Standing Committee on Government Operations recommends that when a reorganization, amalgamation or formation of any public body is planned, matters concerning privacy issues should be considered and addressed at the organizational design stage.

Since 1999, the Information and Privacy Commissioner has recommended that the NWT enact legislation that would make municipalities subject to access and privacy legislation, as they are in all but four Canadian jurisdictions. In response, the Department of Justice and the Department of Municipal and Community Affairs developed a range of options, and held preliminary discussions with the NWT Association of Communities and local government administrators. MACA committed to developing a discussion paper for stakeholders and the general public in the next two years. The Yukon Territory is also presently considering municipal privacy legislation.

Recommendation 3

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories enact legislation that would make municipalities subject to access and privacy legislation, would define accountability levels and would create practical rules regarding the gathering, use and disclosure of personal information about individuals by municipalities.

As in previous reports, the IPC urged the GNWT to give more attention to the good management of electronic records, particularly when it comes to ensuring that e-mail records are preserved and accessible.

A recent breach of confidentiality relating to the faxing of confidential medical records to an incorrect address leads the committee to caution the department regarding fax policies and procedures. The committee emphasizes the importance of good management, review of processes and extreme caution when it comes to transmittal of confidential health records.

Recommendation 4

The Standing Committee on Government Operations recommends that the Government of the Northwest Territories ensure that:

• the same good records management

practices that are applied to paper records are applied to e-mail communications; and

• employees receive formal training and

informal coaching on managing electronic records.

The IPC observes that though many children and youth communicate regularly on the Internet, they may not be aware of the risks associated with their on-line activities. Ms. Keenan Bengts believes the GNWT could help to protect children from risks associated with the Internet by providing teachers with appropriate curriculum material.

Recommendation 5

The Standing Committee on Government Operations recommends that the GNWT give consideration:

to educating elementary and secondary students about the risks associated with on-line activities; and

to providing specific information in school curricula about these risks and the precautions that should be taken in order for youth to reduce them.

Conclusion

Elaine Keenan Bengts has been the Information and Privacy Commissioner for more than 10 years and has brought forward many recommendations that have contributed to the improvements in access to information and privacy. The committee commends her efforts and perseverance and looks forward to receiving her 2009-2010 annual report.

That concludes the committee’s report.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Hawkins. The honourable Member for Nahendeh, Mr. Menicoche.

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

I move, seconded by the honourable Member for Yellowknife Centre, that Committee Report 5-16(5) be received by the Assembly and moved into Committee of the Whole for further consideration.

The Speaker

The Speaker Paul Delorey

A motion is on the floor. The motion is in order. To the motion.

Some Hon. Members

Question.

The Speaker

The Speaker Paul Delorey

Question has been called.

---Carried

The Speaker

The Speaker Paul Delorey

The honourable Member for Nahendeh, Mr. Menicoche.

Kevin A. Menicoche

Kevin A. Menicoche Nahendeh

Mr. Speaker, the Standing Committee on Government Operations is pleased to provide its Report on the Review of the Report of the Auditor General on Education in the Northwest Territories and commends it to the House.

Introduction

The Standing Committee on Government Operations held its public review of the Auditor General of Canada’s report, Education in the Northwest Territories 2010, Department of Education, Culture and Employment, on June 9, 2010. The committee would like to thank the Auditor General, Ms. Sheila Fraser, and her staff for their work in preparing the report and assisting the committee with its review. The committee would also like to thank Deputy Minister Dan Daniels and Paul Devitt, director of strategic and business services, from the Department of Education, Culture and Employment for appearing before the committee.

The Auditor General’s performance audit was completed in November 2009 and her report was tabled on May 11, 2010, during the Fifth Session of the 16th Legislative Assembly.

Standing Committee on Government Operations’ mandate includes examination of all reports prepared by the Auditor General.

General Remarks

The Office of the Auditor General restricted its examination to how the Department of Education, Culture and Employment planned, monitored and reported on: (1) early childhood education; (2) elementary and secondary schooling; and (3) post-secondary education and training. ECE was found to be deficient in matters of:

planning at the elementary and secondary

school level, and

monitoring and reporting of early childhood

education and post-secondary education.

The monitoring and reporting that occurred at the elementary and secondary school levels revealed the lack of academic improvement amongst students. Although secondary school graduation rates have improved, the graduation rate of 55 percent was lower than the Yukon and Alberta. At Aurora College, without adequate monitoring and reporting, there was little or no means to assess adult achievement. It was also impossible to assess improvement of children’s performance in elementary school based on attendance at day care.

Standing Committee on Government Operations agreed that the Auditor General’s performance audit was very useful in its identification of trends and issues in ECE’s programming, some of which called for immediate and/or continued action. The findings of the Auditor General validated and articulated concerns expressed by Members in this Assembly. The Auditor General’s report contained nine specific recommendations. The committee agrees with all of the recommendations and has included them in this report. ECE also agrees with the recommendations and has responded with an action plan.

Recommendation 1

The Standing Committee on Government Operations recommends that the Department of Education, Culture and Employment accept all of the Auditor General’s recommendations and proceed with its action plan to address them.

Early Childhood Development

ECE views the healthy development of young children as crucial to their success in elementary, secondary and post-secondary studies. In Framework for Action, Early Childhood Development, 2001, ECE identified early childhood learning as part of its responsibility. During the audit, the Auditor General found that between 2005 and 2008, 18 more licensed day care facilities were opened. However, the Auditor General found that ECE’s monitoring and reporting on day care facilities was incomplete. Not all day cares were inspected annually as required by the Child Daycare Act. For example, only 50 percent of the day care facilities in the North Slave region were inspected in 2008. In addition, there is no means to assess whether children who attend day care perform better when they enter school. ECE has not as yet developed performance indicators to collect data and complete assessments on the educational component of early childhood development.

Auditor General’s Recommendation (Paragraph 37 of the OAG Report)

The Department of Education, Culture and Employment should:

ensure that all day care facilities are inspected annually, in accordance with the Child Day Care Act and Child Day Care Standards Regulations;

collect critical data as is considered necessary and cost-effective to help assess the success of the program;

formally evaluate the success of its early

childhood development programming and report the results to the Northwest Territories Legislative Assembly and the public; and

use this information to make necessary

adjustments to early childhood development programs.

ECE reported that it:

1. subsequently conducted a review and

confirmed that day care facility inspections are now up to date. Standing Committee on Government Operations is satisfied that completion of day care inspections is current and that a program evaluation is scheduled;

2. increased ongoing monitoring by the

development of a tracking and reporting function within the department’s Case Management Administration System;

3. will

initiate

discussions with stakeholders to

investigate the possibility of collecting and monitoring data to support the success of the program, but notes that it will require more staff and resources; and

4. will initiate an evaluation of the Early Childhood

Development Program in 2010-2011 and the results will be made public and used to determine the need for planned adjustments.

Recommendation 2

The Standing Committee on Government Operations recommends that the planned evaluation of the Early Childhood Development Program include a review of both strengths and weaknesses of outcomes and programming. This evaluation should also identify performance indicators and provide a means to collect information on them at entry to kindergarten. This information could be used for ongoing monitoring and reporting to support and provide direction for the Early Childhood Development Program.

I will now pass the floor over to the deputy chair, Mr. Hawkins.

The Speaker

The Speaker Paul Delorey

Thank you, Mr. Menicoche. The honourable Member for Yellowknife Centre, Mr. Hawkins.

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Speaker. Thank you, Mr. Menicoche.

Elementary and Secondary School

The Auditor General expressed concern that there was no detailed territory-wide plan to improve student performance.

A key finding of the OAG’s report is the lack of improvement in student performance between the school years ending 2005 and 2008. One bright light is an increase in the number of students of secondary school graduates; however, the results on Alberta Achievement Tests and diploma examinations, and the number of students working at their functional grade levels, show little or no improvement. The OAG questioned ECE as to how

this was possible and found that ECE had done no analysis. Without studying the results, the department is not in a position to provide optimal guidance for educational councils.

OAG Recommendation (Paragraph 52 of the OAG Report)

The Department of Education, Culture and Employment should:

formally identify the root causes of the

diverging trends in student performance and use this information to better target its efforts for continuous improvement; and

develop, in collaboration with education

councils, a comprehensive territory-wide action plan and targets for improved student performance.

In its response to the OAG, ECE has agreed to target known causes with the Aboriginal Student Achievement Initiative, which was developed in part to address the low attendance levels at NWT schools. An accountability framework has been drafted that will support continuous improvement efforts and provide information that can be reported to the public. A number of activities are planned to address performance issues.

Standing Committee on Government Operations believes ECE should be mindful of the importance of identifying the causes that affect performance of students. A delineation of these causes can inform planning.

The OAG noted that the department introduced the Aboriginal Student Achievement Initiative in order to address concerns over poor student performance.

The OAG found that the department has improved its reporting on student performance over the last four years. Indicators in ECE’s Towards Excellence: A Report on Education in the NWT were on par with those of other education and statistical organizations.

The OAG advises that it is important for ECE to keep the public and the Legislative Assembly informed about the results of its programs delivered by education councils and their impact on aboriginal peoples.

The Aboriginal Student Achievement Initiative is intended to identify the root causes of low student achievement levels and provide ways to raise aboriginal secondary graduation rates to the same level as non-aboriginal rates.

The OAG noted that ECE monitors compliance with education directives but has not formally assessed their effectiveness or relevance.

The Minister has provided 20 directives to educational councils. Subjects range from calendar planning to standardized testing. The OAG’s

performance audit focused on two directives: inclusive schooling and aboriginal language and culture-based education. Inclusive schooling requires education councils to respond to the needs of individual students to develop individual learning plans when necessary. In 2006-2007, over 20 percent of the students enrolled in grades 1 to 9 were following such plans. The ALCBE directive requires education councils to provide students with school programs and learning environments that reflect, validate and promote the community’s language and culture. Education councils complied with the reporting requirements, but reports on activities were often too general to provide enough information for ECE to assess compliance.

OAG Recommendation (Paragraph 63 of the OAG Report)

The Department of Education, Culture and Employment should:

follow up on corrective actions taken by

education councils to address issues the department has raised as a result of its monitoring of education directives;

develop a strategy and timetable for formally assessing the success and continued relevance of education directives; and

formally strengthen the reporting requirements for the aboriginal language and culture-based education directive.

In its action plan, ECE acknowledges this finding and intends to strengthen its reporting requirements. The directive on student assessment will be amended in time for the 2010-2011 school year. The policy review framework has been developed, a working group of departmental and education authority officials will be established to begin this work, and a schedule of reviews will be developed.

The ALCBE directive will be the first directive to be reviewed. ECE will undertake consultation with the education authorities during this fiscal year to determine how additional jurisdictional information could be provided in future editions of Towards Excellence.

The OAG found that the department has improved its reporting on student performance over the last four years but the OAG warns that it is important for ECE to inform the Legislative Assembly and the public about its results, including the program impact on aboriginal peoples.

Currently, ECE reports mainly on community size. It does not break down results into categories by education council, ethnicity or gender. Residents of a particular region cannot compare the performance of their students with those of other regions in the Northwest Territories. The OAG

notes that such comparisons could lead to sharing of good school practices.

OAG Recommendation (Paragraph 66 of the OAG Report)

The Department of Education, Culture and Employment should:

ensure that key performance indicators are

publicly reported to the Legislative Assembly according to major categories such as education council, ethnicity and gender; and

report these key performance indicators in its Towards Excellence report.

In its action plan, ECE reports that it will undertake consultations with the education authorities during this fiscal year to determine how additional jurisdictional information could be provided in future editions of Towards Excellence.

Standing Committee on Government Operations observed that the cost of the two initiatives the OAG reviewed, inclusive schooling and ALCBE, was $33 million 2008 and yet there was no evidence that these programs had improved student performance. In fact, there was evidence of a downward trend in performance in: (1) non-aboriginal secondary school graduation; (2) grades 3, 6 and 9 language arts; and (3) Grade 3 math. The committee is pleased that ECE is reviewing the ALCBE directive and, in addition, sees the need for a review of inclusive schooling.

Although Standing Committee on Government Operations agrees with the recommendation to publicly report key indicator information by education council, ethnicity and gender, the committee accepts that there may be a need to address individual privacy by aggregating data when necessary.

That now concludes my portion of the report and I’d like to pass the floor to my colleague Mr. Abernethy, MLA for Great Slave.