This is page numbers 3107 – 3152 of the Hansard for the 17th Assembly, 4th 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 going.

Topics

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, Minister Abernethy. Does committee agree?

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, committee. Sergeant-at-Arms, if you could please escort the witnesses into the House.

Mr. Abernethy, if you can please introduce your witnesses to the House this evening.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. On my left is Shirley Kemeys-Jones. She’s the assistant deputy minister of the solicitor general’s branch of the Department of Justice, and Ian Rennie, legislative council, on the right.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, Minister. Mr. Rennie, Ms. Kemeys-Jones, welcome to the House this evening. Committee, we are on Bill 15, general comments. Is committee prepared to go clause by clause?

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, committee. Bill 15, Gunshot and Stab Wound Mandatory Disclosure Act. Clause 1.

---Clauses 1 through 8 inclusive approved

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

To the bill as a whole.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Does committee agree that Bill 15 is ready for third reading?

---Bill 15 as a whole approved for third reading

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

I’d like to thank Minister Abernethy, Mr. Rennie and Ms. Kemeys-Jones for joining us this evening. Sergeant-at-Arms, if you could please escort the witnesses from the House.

Would committee like to proceed with Bill 16?

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, committee. Bill 16, An Act to Amend the Justices of the Peace Act. With that, we’ll go to the Minister responsible to introduce the bill. Minister Abernethy.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. I am pleased to be here today to talk to you about

Bill 16, An Act to Amend the Justices of the Peace Act. I would like to thank the Standing Committee on Social Programs for its review of the bill.

Justices of the peace fulfill an important role within the justice system of the Northwest Territories. They serve in communities where they work and live, performing a range of judicial and quasi-judicial functions. Justices of the peace carry out duties on a part-time basis and generally preside over summary conviction matters arising out of the territorial statutes, municipal bylaws and selected Criminal Code matters. They regularly conduct bail hearings and issue warrants and summons.

The chief judge of the Territorial Court has overall supervisory power for justices of the peace. The chief judge in 2009 noted that justices of the peace are not afforded protection from civil liability under territorial legislation. This leaves JPs vulnerable to being sued personally in a civil action for a decision made in their official capacity. The current chief judge has once again raised this concern and suggested that it be addressed.

Protection to territorial court judges is offered through the Territorial Court Act and most jurisdictions extend similar protect to their justices of the peace. The department is proposing to amend the Justices of the Peace Act to provide JPs with statutory immunity from civil actions unless they act maliciously and without reasonable and probable cause.

I would be pleased to answer any questions that committee members may have regarding Bill 16.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, Minister Abernethy. At this time I will return to the chair of the standing committee which reviewed this bill. Mr. Moses.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Alfred Moses

Alfred Moses Inuvik Boot Lake

Thank you, Mr. Chair. The Standing Committee on Social Programs conducted its public review of Bill 16, An Act to Amend the Justices of the Peace Act, on September 17, 2013. A clause-by-clause review was conducted the same day.

The committee thanks the Minister and his staff for presenting the bill. The bill provides justices of the peace for the protection from civil liability so long as they do not act maliciously and without reasonable and probable cause.

Following the committee’s review, a motion was carried to report Bill 16, An Act to Amend the Justices of the Peace Act, to the Assembly as ready for consideration in Committee of the Whole.

This concludes the committee’s opening comments on Bill 16. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, Mr. Moses. I’ll go back to Mr. Abernethy to see if he has any witnesses this evening.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Glen Abernethy

Glen Abernethy Great Slave

I do, Mr. Chair.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, Minister Abernethy. Does committee agree?

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, committee. Sergeant-at-Arms, if you will please escort the witnesses into the Chamber.

Mr. Abernethy, if you can please introduce your witnesses.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Mr. Chair. With me today on my left is Gary MacDougall, the director of legal registries; and on my right, Ian Rennie, legal counsel.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, Minister. Mr. MacDougall, Mr. Rennie, welcome to the House. General comments, Bill 16. Is the committee prepared to go clause by clause?

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters (Reversion)
Consideration in Committee of the Whole of Bills and Other Matters (Reversion)

The Chair

The Chair Daryl Dolynny

Thank you, committee. Bill 16, An Act to Amend the Justices of the Peace Act. Clause 1.

---Clauses 1 through 12 inclusive approved