Thank you, Mr. Abernethy. Mr. Hawkins.

Thank you, Mr. Speaker. I give notice that on Monday, March 2, 2015, I will move that Bill 48, An Act to Amend the Mental Health Act, be read for the first time. Thank you, Mr. Speaker.

Thank you, Mr. Hawkins. Item 17, motions. Mr. Yakeleya.

Thank you, Mr. Speaker. I MOVE, seconded by the honourable Member for Thebacha, that, notwithstanding Rule 4, when this House adjourns on Thursday, February 26, 2015, it shall be adjourned until Monday, March 2, 2015;

AND FURTHER, that any time prior to March 2, 2015, if the Speaker is satisfied, after consultation with the Executive Council and Members of the Legislative Assembly, that the public interest requires that the House should meet at an earlier time during the adjournment, the Speaker may give notice and thereupon the House shall meet at the time stated in such notice and shall transact its business as it has been duly adjourned to that time.

Thank you, Mr. Yakeleya. The motion is in order. To the motion.

Question has been called. The motion is carried.

---Carried

Item 18, first reading of bills. Item 19, second reading of bills. Item 20, consideration in Committee of the Whole of bills and other matters: Bill 12, Northern Employee Benefits Services Pension Plan Act; Bill 38, An Act to Amend the Jury Act; Bill 41, An Act to Amend the Partnership Act; Bill 46, Deline Final Self-Government Agreement Act; Committee Report 10-17(5), Standing Committee on Government Operations Report on the Review of the 2013-2014 Annual Report of the Information and Privacy Commissioner of the Northwest Territories; and Tabled Document 188-17(5), Northwest Territories Main Estimates 2015-2016, with Mr. Dolynny in the chair.

Good afternoon, committee. I’d like to call Committee of the Whole to order. What is the wish of the committee? Ms. Bisaro.

Thank you, Mr. Chair. We wish to consider Bill 38 and Bill 41. Thank you.

Thank you, Ms. Bisaro. Is committee agreed?

We will commence after a short recess.

---SHORT RECESS

I will call committee back to order. As I indicated prior to the break, we will be doing Bill 38 and Bill 41 today. With that, I’d like to go to the Minister responsible for the bill, or at least pinch hitting for the bill today, Mr. Abernethy, to see if he has any opening comments on Bill 38. Minister Abernethy.

Thank you, Mr. Chairman. I am pleased to be here today to speak about Bill 38, An Act to Amend the Jury Act.

The main focus of the amendments to the Jury Act is to permit the Department of Justice to develop regulations that will allow French-speaking residents of Yellowknife to be effectively identified for inclusion on a specialized French jury list. There are also a number of minor amendments, including one that will add Public Prosecution Service of Canada employees to the list of persons exempted from jury service. Another amendment will repeal the provision of the act that references fees being specified in the Rules of the Supreme Court, as the Jury Fees Regulations now fulfill this requirement.

The need to amend the act became apparent in 2013, when a mistrial resulted from an inability to establish a French jury in Yellowknife, despite an extensive process that saw the sheriff summons four times the usual number of potential jurors. The Criminal Code provides for the right of an individual to be tried in either of Canada’s official languages in respect of a criminal matter heard anywhere in Canada. It is our obligation to ensure that we can facilitate that here in the Northwest Territories.

The selection of an NWT jury must proceed strictly in accordance with the provisions of the Jury Act. Currently, the sheriff is only allowed to collect information derived from health care registrations that show the name and address of persons who are 18 years of age or older. There is no present authority to seek information about the languages used or understood by health care registrants. Without the changes included in this legislation, it

will be difficult to empanel a French or bilingual jury in the Northwest Territories.

This legislation results from a very careful review of the government’s legal obligations. The Department of Justice has kept the Supreme Court fully informed of its plans, including sharing this proposed legislation. Departmental officials have met with representatives of the Yellowknife and Northwest Territories’ francophone communities to explore mechanisms that would permit the effective identification of a French-speaking jury pool. This engagement will continue as regulations are developed under the amended Jury Act. We know that we will need the continuing assistance of the French community, and I am confident that we will receive that support.

I would like to thank the Standing Committee on Social Programs for its review of Bill 38, and would be pleased to answer any questions that Members may have regarding this bill. Thank you.

Thank you, Minister Abernethy. I will now go to the chair of the Standing Committee on Social Programs that reviewed Bill 38 for committee comments on the bill. Mr. Moses.

Thank you, Mr. Chair. The Standing Committee on Social Programs has completed its review of Bill 38, An Act to amend the Jury Act. The committee thanks the Minister and his staff for presenting the bill. The bill permits the sheriff to obtain names of prospective jurors for a French or bilingual trial from a jury list compiled in accordance with the regulations. It also exempts from jury duty employees of the Public Prosecution Services of Canada and the Department of Justice of the Government of Canada.

The public hearing on the bill was held on February 2, 2015. The committee heard from the executive director of the Federation Franco-Tenoise, who indicated general support for the bill. The committee’s clause-by-clause review was also held on February 2, 2015. Following the committee’s review, a motion was carried to report Bill 38 to the Assembly as ready for consideration in Committee of the Whole.

This concludes the committee’s opening comments on Bill 38. Individual Members may have additional questions or comments as we proceed. Thank you.

Thank you, Mr. Moses. I’d like to turn our attention to Minister Abernethy if he has any witnesses he’d like to bring into the House. Minister Abernethy.

I do, Mr. Chair.

Thank you, Minister Abernethy. Does committee agree?

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

Minister Abernethy, if you’d be so kind as to introduce your witnesses for the record.

Thank you, Mr. Chair. With me today are Emily Ingarfield, the manager of policy and planning on my left; and Kelly McLaughlin, director of legislation on my right.

Thank you, Minister Abernethy. Ladies, thank you for joining us here today. Committee, we’ll open up Bill 38 with general comments. Ms. Bisaro.

Thank you, Mr. Chair. I just have a couple of comments here. At committee we did have considerable discussion about whether or not the changes in the Jury Act would mean that French-speaking residents would be required for jury duty more often than any other resident and there was a concern, which I think at committee we were comfortable with it at the end. But I just wanted to express that concern to say that it is out there, and I encourage the Minister and the department to make sure in the implementation of these changes to the Jury Act that there are safeguards in there that someone who is French-speaking and also English-speaking would not be required to be on twice as many juries, for instance, as someone who is unilingual. I think the department is considering that, but I wanted to give voice to it. Thank you.