This is page numbers 1543 - 1576 of the Hansard for the 17th Assembly, 3rd 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 legal.

Topics

6. (1)
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Minister Abernethy. To the motion. Any final comments from the mover of the motion? Mr. Dolynny.

6. (1)
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

Thank you, Madam Chair. Thanks to the Minister for walking us through I think what we’ve already heard a number of times already. It was good to get that on the record. A good debate yields good dialogue, and hopefully today we can actually then do some wise decision-making from what we’ve heard here today.

I’m sure what we’re bringing forward today into the House is an amendment of not only what’s best for this act, but for the ideologies that it represents and those ideologies of inclusiveness, fairness and accountability. I want to thank the Member for Sahtu for supporting this motion. I also want to thank my other Members here who spoke and brought good points forward to this motion. With that, Madam Chair, I will be seeking a recorded vote. Thank you.

Recorded Vote
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Dolynny. The Member is seeking a recorded vote on this. All those in favour of the motion, please stand.

Recorded Vote
Consideration in Committee of the Whole of Bills and Other Matters

November 1st, 2012

Tim Mercer Clerk Of The House

Mr. Dolynny, Mr. Menicoche, Mr. Yakeleya.

Recorded Vote
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

All those opposed to the motion?

Recorded Vote
Consideration in Committee of the Whole of Bills and Other Matters

Tim Mercer Clerk Of The House

Ms. Bisaro, Mr. Nadli, Mr. Bouchard, Mr. Blake, Mr. Beaulieu, Mr. Abernethy, Mr. Miltenberger, Mr. Lafferty, Mr. Ramsay, Mr. McLeod - Inuvik Twin Lakes.

Recorded Vote
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

All those abstaining? This is the results of the voting: three in favour, 11 opposed.

---Defeated

Recorded Vote
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Clause 6.

---Clauses 6 through 9 inclusive approved

Recorded Vote
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Clause 10, Ms. Bisaro.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Madam Chair. I have an amendment. I move that subclause 10(3) of Bill 5 be amended by adding the words “child protection” before the words “family or civil matter” in that portion preceding paragraph (a).

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

The motion is being distributed. The motion is in order. To the motion. Ms. Bisaro.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Madam Chair. I would just like to explain why this is being done here. When committee went through the Legal Aid Act we did feel very strongly as a committee that we wanted to make sure that legal aid did cover matters of child protection. So we amended a different clause to add the words “child protection” in another clause elsewhere in the bill. At the time that the bill was being reprinted it was noticed that in this particular clause, Clause 10, there was a reference to family or civil matters but there was not a reference to child protection. So child protection is being added here to make it consistent with the amendment which committee has already done and which is in the act already, and it’s just to make sure that we have child protection anywhere in the bill where we also reference family or civil matters. The committee did agree on this amendment.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Ms. Bisaro. To the motion. Mr. Abernethy.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Madam Chair. We agree with this motion as well. We think this is important for improving the bill.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Abernethy. To the motion.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Question.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Question is being called.

---Carried

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Clause 10 as amended.

---Clauses 10 through 26 inclusive approved.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Return to the preamble and table of contents, Bill 5, Legal Aid Act, as amended.

---Preamble and table of contents approved

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Does committee agree that Bill 5 is ready for third reading as amended?

---Bill 5 as amended approved for third reading

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

I’d like to thank the Minister and his witnesses for their help with this bill today. I’ll ask the Sergeant-at-Arms if he would please… Is it the same people for the next one? I don’t know.

The next item on our agenda is Bill 7, An Act to Amend the Judicature Act. I would like to ask Mr. Abernethy if he would, please, like to introduce the bill.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Madam Chair. I am pleased to appear before the committee today to review Bill 7, An Act to Amend the

Judicature Act. I would like to start by thanking members of the Standing Committee on Social Programs for their careful review of the bill.

The Judicature Act governs the jurisdiction of the Supreme Court of the Northwest Territories.

There are two substantive changes to the act. The first adds a new section providing that trade orders obtained against the NWT under the Agreement on Internal Trade may be filed with the clerk of the Supreme Court of the Northwest Territories. Once filed, the order would then be enforceable against the government in the same manner as other orders of the court. The addition of this provision will bring the NWT into line with all other signatories to the Agreement on Internal Trade.

The second substantive amendment expands the authority to make regulations under the act. The current jurisdiction to make regulations is limited to authorizing the reimbursement of expenses of interpreters and witnesses. Although the current regulations allow for fees to be paid to interpreters and witnesses for their services, there is no express authority for those regulations. With the amendments, fees would be authorized for interpreters and witnesses, as well as all others who provide services in the court process.

In addition to the changes I have mentioned, a number of minor housekeeping amendments have also been made.

I would be pleased to answer any questions that the committee members may have regarding Bill 7.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Abernethy. I’ll now ask the deputy chair of the Standing Committee on Social Programs, who reviewed this bill, to make opening comments. Mr. Dolynny.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

Thank you, Madam Chair. The Standing Committee on Social Programs conducted its public review of Bill 7, An Act to Amend the Judicature Act, on August 23 and October 29, 2012. The committee thanks the Minister and his staff for presenting the bill.

The bill provides for the enforcement of orders stemming from the national Agreement on Internal Trade in the Supreme Court of the Northwest Territories. The government has been committed to this change since 2009. The bill also allows the Commissioner, on the recommendation of the Justice Minister, to regulate fees and expenses related to court processes.

The committee initiated one amendment to the bill which was adopted during the public hearing with the Minister’s concurrence. This amendment provided for the Minister to consult with the Supreme Court before setting fees to help ensure that all citizens have fair access to justice.

Following the committee’s review, a motion was carried to report Bill 7, An Act to Amend the Judicature Act, to the Assembly as ready for consideration in Committee of the Whole as amended and reprinted.

This concludes the committee’s opening comments on Bill 7. Individual Members may have additional questions or comments as we proceed.

Committee Motion 41-17(3): Amend Clause 10(3), Bill 5, Legal Aid Act - Adding “child Protection”, Carried
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Dolynny. At this time I would like to ask the Minister if he has witnesses that he would like to bring into the Chamber.