I do, Madam Chair.
Debates of Nov. 2nd, 2012
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
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
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
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
Agreed.
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 Jane Groenewegen
I’ll ask the Sergeant-at-Arms to please escort the witnesses to the table.
Mr. Abernethy, for the record, could you please introduce your witnesses?
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 Great Slave
Thank you, Madam Chair. On my right is Mark Aitken, the acting assistant deputy minister for the attorney general branch. On my left is Kelly McLaughlin, the acting director of legislation.
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
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 Range Lake
Thank you, Madam Chair. I wish to take just a minute here to clarify in general comments, as indicated in both opening addresses and the one we did from committee, regarding the amendment of the bill which allowed the Minister to consult with the Supreme Court before setting fees or court fees. That reference is to, later on as we’ll note in detail, Section 24 of the act and number 2.
What we see within that amendment is a compromise to the true intention of what many in committee were striving to achieve. This concept was fair and reasonable court fees. Now, the department was adamant that this simple concept of fair and reasonable could not be included within the fabric of the act, as it would have had disastrous consequences for a number of other acts that could be challenged in the courts. So again, why the fuss?
In simple terms, court fees which are unreasonably high may pose a barrier to access of the courts and to justice and, as such, can be deemed unconstitutional. Courts should not be run on a cost recovery basis, and seeking to do so would more than likely dissuade the average person from seeking justice.
The committee recognized that some fees are appropriate, but it was important to have some scrutiny of the fees the government charged and to
make sure they do not become real barriers to justice. In essence, the court cannot fulfill its democratic function as an independent and impartial arbiter between government and individual or between individuals if the government limits those who come before the court by means of financial deterrence such as significant, unfair, or unreasonable fees.
The committee could not leave this amendment in the same position; therefore, the oversight of compromise was established with the Supreme Court who deals with average citizens on a daily basis. The committee felt that they were the best able to review the proposed fees and provide advice to government as whether the fees sought to be charged are fair and reasonable, taking into consideration not only the economic needs of government but the circumstances of the average member of the general public.
I would like to thank the committee for allowing me to qualify this amendment in the proposed line that we’ll be discussing later on today.
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 Jane Groenewegen
Thank you, Mr. Dolynny. General comments. Does committee agree that we’re ready to proceed with clause-by-clause review of 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
Some Hon. Members
Agreed.
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 Jane Groenewegen
We will stand down the title page and preamble. Clause 1.
---Clauses 1 through 24 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 Jane Groenewegen
Committee, I will return to the title page of this bill. Bill 7, An Act to Amend the Judicature Act, to the bill as a whole.
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
Agreed.
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 Jane Groenewegen
Agreed. Does committee agree that Bill 7, An Act to Amend the Judicature Act is now ready for third reading?
---Bill 7 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 Jane Groenewegen
I would like to thank the Minister and his witnesses for their help with Bill 7. Thank you.
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
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
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
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
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
Report of Committee of the Whole
Report of Committee of the Whole

Jane Groenewegen Hay River South
Thank you, Mr. Speaker. Your committee has been considering Bill 5, Legal Aid Act, and Bill 7, An Act to Amend the Judicature Act, and would like to report progress with one motion being adopted, and that Bill 7 is ready for third reading, and that Bill 5 is ready for third reading as amended. Mr. Speaker, I move that the report of Committee of the Whole be concurred with. Thank you, Mr. Speaker.
Report of Committee of the Whole
Report of Committee of the Whole

The Speaker Jackie Jacobson
Thank you, Mrs. Groenewegen. Do we have a seconder to the motion? Mr. Menicoche.
---Carried
Item 22, third reading of bills. Mr. Miltenberger.
Bill 16: Supplementary Appropriation Act (Infrastructure Expenditures), No. 2, 2012-2013
Third Reading of Bills

Michael Miltenberger Thebacha
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Great Slave, that Bill 16, Supplementary Appropriation Act (Infrastructure Expenditures), No. 2, 2012-2013, be read for the third time. Thank you, Mr. Speaker.
Bill 16: Supplementary Appropriation Act (Infrastructure Expenditures), No. 2, 2012-2013
Third Reading of Bills
Orders of the Day
Orders of the Day
November 1st, 2012
Tim Mercer Clerk Of The House
Orders of the day for Monday, November 5, 2012, at 1:30 p.m.:
1. Prayer
2. Ministers’
Statements
3. Members’
Statements
4. Returns to Oral Questions
5. Recognition of Visitors in the Gallery
6. Acknowledgements
7. Oral
Questions
8. Written
Questions
9. Returns to Written Questions
10. Replies to Opening Address
11. Petitions
12. Reports of Standing and Special Committees
13. Reports of Committees on the Review of Bills
14. Tabling of Documents
15. Notices of Motion
16. Notices of Motion for First Reading of Bills
17. Motions
- Motion 18-17(3), Appointment of Two
Members to the Human Rights Adjudication Panel
- Motion 20-17(3), Mental Health and
Addictions Resources
- Motion 21-17(3), Federal Changes to
Environmental Law
18. First Reading of Bills
- Bill 17, Supplementary Appropriation Act
(Operations Expenditures), No. 2, 2012-2013
19. Second Reading of Bills
- Bill 15, An Act to Amend the Human Rights
Act, No. 3
20. Consideration in Committee of the Whole of
Bills and Other Matters
- Bill 12, An Act to Amend the Human Rights
Act, No. 2
- Bill 13, An Act to Repeal the Credit Union
Act
21. Report of Committee of the Whole
22. Third Reading of Bills
- Bill 5, Legal Aid Act
- Bill 7, An Act to Amend the Judicature Act
23. Orders of the Day
Orders of the Day
Orders of the Day

The Speaker Jackie Jacobson
Thank you, Mr. Clerk. Accordingly, this House stands adjourned until Monday, November 5, 2012, at 1:30 p.m.
---ADJOURNMENT
The House adjourned at 1:44 p.m.