This is page numbers 6517 – 6558 of the Hansard for the 17th 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 need.

Topics

Michael Miltenberger

Michael Miltenberger Thebacha

This is a consensus government that we operate in. There are mandate letters given to each Minister by the Premier. We work closely with committees. We have reviews of business plans. Of course, we are, in effect, a minority government and we serve at the pleasure of the Legislative Assembly. We have numerous checks and balances in terms of making sure that ministerial accountability is upheld.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Miltenberger. The Member for Hay River South, Mrs. Groenewegen.

Jane Groenewegen

Jane Groenewegen Hay River South

I think we would all agree that grandparents play a very important role in the lives of their grandchildren. In a follow-up to my Member’s statement, I have questions for the Minister of Health and Social Services.

In situations that I’m aware of – and I raise this concern on behalf of some grandmothers in Hay River

– when they are denied access or visitation or

are considered a priority for custody of their grandchildren,

they

not

only

deprive

the

grandparents but they deprive the grandchildren of a very important influence in their lives.

I’d like to ask the Minister, what is the status of NWT grandparents’ rights in terms of visitation and caregiving in the Northwest Territories at this time?

The Speaker

The Speaker Jackie Jacobson

Thank you, Mrs. Groenewegen. The Minister of Health, Mr. Abernethy.

Glen Abernethy

Glen Abernethy Great Slave

Mr. Speaker, I need some clarity before I can actually answer that question. Is the Member talking about through divorce proceedings or custody proceedings, or is the Member talking about through child and family services?

If the Member is talking about services through child and family services where a child may be apprehended or placed in different custody, the grandparents, great-grandparents, uncles, brothers, sisters and other persons qualify as extended family, and under child and family services we work with

the

extended

families,

including

the

grandparents, and where appropriate we can use the fostering process to actually have grandparents foster children.

Under child and family services we absolutely respect the role of extended families, including grandparents, and we work with those families to ensure that they have access to children and we support those visitations and/or placements as appropriate.

Jane Groenewegen

Jane Groenewegen Hay River South

I’m also wondering: in

the case where the parents of those grandchildren are obstructing the rights of the grandparents to visit or to be granted custody of those grandchildren in a situation where they’re taken into care, what do we have in legislation that precludes that from happening, where a mother or a father of children would obstruct grandparents from being able to have access to and visitation rights and custodial rights when necessary? What do we have to address that?

Glen Abernethy

Glen Abernethy Great Slave

I can only really answer the question in the context of child and family services. If we’re talking about a divorce situation or a situation out of child and family services, you might be better positioned to ask the

Minister of Justice that particular question as he is responsible for courts and those procedures.

Within child and family services, the social workers work with the families and we try to ensure that families are involved, families are engaged in the processes of supporting children. As the Member knows, we are moving forward with Building Stronger Families, which focuses on the family unit and trying to provide supports to families so that they can raise their children in a healthy, loving environment with the supports that they need, and those

extend

to

extended

families

where

appropriate.

But with respect to court proceedings or divorces, I am unable to answer that question. You may want to ask the Minister of Justice.

MRS.

Jane Groenewegen

Jane Groenewegen Hay River South

I

recited

other

jurisdictions

in Canada today in my Member’s

statement

that

actually

expressly

recognize

grandparents and clearly give them opportunities to pursue their rights.

Will the Department of Health and Social Services look at that new and emerging legislation in other jurisdictions and consider amendments to the Children’s Law Act to formally recognize grandparents in territorial family law?

Glen Abernethy

Glen Abernethy Great Slave

If I remember correctly, the legislation that the Member is referring to is specific to family law, which is specific around divorces and custody issues that are going through the courts and not necessarily child protection. Within child protection we have provided significant rights and responsibilities for extended families that include grandparents, uncles, aunts, brothers, sisters. Once again, I will certainly take the information the Member is presenting and have the Minister of Justice take a look at it.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Abernethy. Final, short supplementary, Mrs. Groenewegen.

Question 897-17(5): NWT Grandparents’ Rights
Oral Questions

September 29th, 2015

Jane Groenewegen

Jane Groenewegen Hay River South

Thank you, Mr. Speaker. Of course, I recognize that we’re nearing the end of our terms here and this is not something that’s going to happen in this Assembly and the 17th Assembly, but if the Minister could commit to working with the Minister of Justice even in the remaining days here to at least begin the research and interjurisdictional research into what is happening in other jurisdictions in Canada, perhaps we could then get a fresh start in the 18th Assembly

in looking at implementing that so that our legislation is keeping up with other places in Canada with respect to grandparents.

Glen Abernethy

Glen Abernethy Great Slave

I’ll commit to meeting

with the Member after the sitting today to get the specific details. We, as the Department of Health and Social Services, I, as the Minister, have committed to the families and working with families, and I recognize that family law and divorce is a

responsibility of the Department of Justice and I am sure that our two departments can work together to find a solution that the Member is referring to.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Abernethy. The time for oral questions has expired. Item 8, written questions. Item 9, returns to written questions. Item 10, replies to opening address. Item 11, petitions. Mr. Blake.

Frederick Blake Jr.

Frederick Blake Jr. Mackenzie Delta

Thank you, Mr. Speaker. As I mentioned earlier today, I have a petition here signed by the people of Aklavik.

We the undersigned citizens, homeowners, hunters and

trappers,

community

governments

and

recreational vehicle users are concerned about the high cost of heating fuel and gasoline, hereby support a call for proposals for a new distributor of fuel and gas and oil products in Aklavik. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Blake. Item 12, reports of standing and special committees. Mr. Dolynny.

Daryl Dolynny

Daryl Dolynny Range Lake

Thank you, Mr. Speaker. I wish to present Committee Report 21-17(5), Standing Committee on Government Operations Report on the Review of the 2013-2014 Northwest Territories Human Rights Commission Annual Report.

Daryl Dolynny

Daryl Dolynny Range Lake

Mr. Speaker, I move, seconded by the honourable Member for Frame Lake, that Committee Report 21-17(5), be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackie Jacobson

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

Some Hon. Members

Question.

The Speaker

The Speaker Jackie Jacobson

Question has been called. Committee Report 21-17(5) will be deemed read and printed in Hansard in its entirety.

Introduction

The

Standing

Committee

on

Government

Operations (“the committee”) has completed its review of the 2013-2014Northwest Territories Human Rights Commission Annual Report. The standing committee thanks Mr. Charles Dent, chair of the NWT Human Rights Commission (“the commission”), and Ms. Deborah McLeod, director of human rights, for their appearance before the committee on May 28, 2015.

2013-2014 Annual Report

About the Human Rights Commission

The NWT Human Rights Act sets up three independent

but

interrelated

branches:

the

commission, the Office of the Director of Human Rights, and the adjudication panel.

The Human Rights Commission is made up of three to five members of the public, each for a term of four years. They are appointed by and responsible to the Legislative Assembly for the general administration of the act. The commission members serving in 2013-14 were: Mr. Charles Dent, chair; Mr. Yacub Adam, deputy chair; and members Ms. Bronwyn Watters, Ms. Marion Berls and Mr. Roger WahShee.

The Office of the Director of Human Rights includes the director and commission staff who are members of the public service. This office is responsible for the administration of the complaint process and for the delivery of education workshops and the promotion of human rights throughout the NWT.

The adjudication panel is composed of at least three lawyers appointed by the Legislative Assembly, each for a term of two to four years. The adjudication panel hears complaints referred to them by the director as well as appeals of the director’s decision to dismiss complaints. The adjudication panel members serving in 2013-2014 were: Mr. Adrian Wright, chair; and adjudicators Mr. James Posynick, Ms. Karen Snowshoe, Mr. Sheldon Toner, Ms. Joan Mercredi and Mr. Louis Siebert.

The committee wishes to thank all members of the commission and the adjudication panel for their service in 2013-2014.

Message from the Chair

The message from the chair provides a summary overview of the accomplishments of the Human Rights Commission during the fiscal year.

In this year’s message, Mr. Dent opened his remarks by noting that 2013-2014 was a year of change for the Human Rights Commission. He welcomed new staff members and thanked

outgoing members. He noted that the Human Rights Commission began a program of rebranding to create a new look and tone for the commission, including a new slogan and a social media presence. The new slogan “Let’s Talk” is intended to invite conversation and encourage discussion about human rights topics. The commission hopes to foster a culture of kindness, tolerance and acceptance, where everyone is treated with dignity and respect.

The commission celebrated its 10th anniversary in 2013-2014

As

well,

work

began

on

a

comprehensive review of the Human Rights Act, which will include consultation with stakeholders and the public and is scheduled to take place in 2014-2015. Mr. Dent indicated to the committee that the commission has taken note that other jurisdictions have included genetic discrimination to their list of prohibited grounds of discrimination. The commission takes the position that genetic discrimination could amount to discrimination on the basis of a disability or perceived disability. MLAs were encouraged to consider whether this should be added as a prohibited ground under NWT legislation. Committee members took note of this recommendation.

Community Outreach

The NWT Human Rights Commission has done excellent promotional work to inform citizens of their rights and responsibilities under the Human Rights Act. This work includes attending tradeshows and conferences,

conducting

presentations

and

workshops for employers, and outreach to schools.

The commission attended trade shows in Fort Smith, Yellowknife and Hay River and participated in a services marketplace during a meeting of community

justice

leaders.

Workshops

and

information sessions were provided to a number of organizations and agencies, including the YK Housing Authority, the Salvation Army, Hay River Health and Social Services, Local Government Administrators of the NWT (LGANT), the NWT Seniors Society and Aurora College education students in Fort Smith.

The standing committee was pleased to see that commission

representatives

continued

their

practice of visiting communities across the NWT in 2013-2014.

The committee remembered Mr. Dent’s

indication, in last year’s review, that the commission planned, in 2013-2014, to complete its goal of visiting all 33 NWT communities in its first 10 years. When questioned about this, Mr. Dent advised that they did complete all of the planned community visits; however, they were slightly delayed in getting into a few communities, having rescheduled at the request of these communities. Despite this small delay, the standing committee commends the commission for its achievement in visiting all NWT

communities and for its dedication to community outreach.

Rounding out its community outreach efforts in 2013-2014, the commission presented a financial contribution to Ecole St. Patrick for their NWT Best Buddies Chapter, the first in the Northwest Territories, aimed at creating a safe and inclusive school environment. The commission also attended the

NWT

Pride

celebrations,

celebrated

International Human Rights Day on December 10th ,

and presented the 2013-2014 Human Rights Commission Accessibility Award to Power Surge Technologies Ltd., of Hay River, for incorporating accessibility features into its new building.

The standing committee was, as always, impressed by the scope of public education and outreach undertaken by the commission in 2013-2014.

Websites and Social Media

As part of its rebranding program, the commission’s main website nwthumanrights.ca was reorganized and revitalized to make it more user-friendly.

In discussing the commission’s website and social media projects with the standing committee, Mr. Dent noted that the commission had seen a drop- off in the use of the Teachers’ Toolkit website, which provides teachers with resources for discussing human rights topics as part of the social studies curriculum for grades K-12. Mr. Dent advised that the commission is looking at ways to make this resource more accessible.

The commission launched its own Facebook page in 2013-2014, by holding a Facebook Action Week leading up to the celebration of International Human Rights Day. The commission encourages the public to join them on Facebook by liking their page at facebook.com/nwthrc.

Internal Development

As previously noted, the commission began work on updating its visual identity and on a comprehensive review of the Human Rights Act as part of its internal development in 2013-2014.

As it has in years past, the commission again hosted an audio conference presented by Lancaster House. Based in Toronto, Lancaster House is a leader in providing information on labour, employment and human rights law for employees, employers, professional organizations, unions, management and legal practitioners in Canada. In November 2013 the commission hosted a

Lancaster

House

audio

conference

on

accommodating multiple holidays in a multicultural workplace. These conferences are available from any community in the NWT and access is provided free of charge.

As well, the commission continued its work in the area of process improvement. This year this work was undertaken as part of a three-agency working

group

– with members from the commission,

director’s office and adjudication panel – tasked with finding ways to improve the process for people who make complaints under the act.

Inquiries and Complaints

The NWT Human Rights Act protects people from discrimination in employment; access to public services; tenancy, including business leases; membership in a trade union or professional organization; or in published materials such as signs, newspapers or other advertising.

In 2013-2014 the director of human rights received 327 inquiries, compared with 309 inquiries in the previous year. This figure does not include inquiries made at public outreach events. Of the 2013-2014 inquiries, 174, or 53 percent, originated in the North Slave region, compared with 51 percent in the previous year.

At the beginning of 2013-2014, there were 25 existing complaints with the director’s office. Thirty new complaints were filed during the year, compared with 15 new complaints in the previous year. Sixteen of these 55 complaints were resolved, leaving 39 open complaint files at the end of fiscal year. Of the 30 new complaints, 19, or 63 percent, originated in Yellowknife.

The NWT Human Rights Act identifies 21 grounds upon which discrimination is prohibited. A person may allege discrimination based on more than one ground in their complaint. Again this year, disability was the ground with the highest number of complaints

– 47 percent – as it has been for the

past nine years. The standing committee remains deeply concerned by the high number of complaints of discrimination on grounds of disability.

Hearings and Decisions

The NWT Human Rights Adjudication Panel is separate and independent from the commission and hears complaints, referred by the director, and appeals of the director’s decision to dismiss complaints.

Through

the

hearing

process,

adjudicators

objectively

examine

evidence

presented to them, to determine if discrimination has occurred. They also decide on an appropriate remedy if discrimination has occurred.

During the course of 2013-2014, the adjudication panel closed one file by mediation, one by adjudication and two by other processes, ending the year with 14 files outstanding. All decisions made by the adjudication panel are public and may be viewed by clicking on the “decisions” link on the commission’s website at nwthumanrights.ca.

Looking Forward

This

section

of

the

report

reiterates

the

commission’s plans for the coming 2014-2015 fiscal year, noting community visits planned for Nahanni Butte, Trout Lake, Fort Simpson, Inuvik and Sachs

Harbour and trade shows planned for Fort Smith and Hay River. In addition to the plans the commission has already identified for the 10th anniversary celebrations and the comprehensive review of the Human Rights Act, the report notes that the commission will also be involved in a Safe and Caring Schools Working Group led by ECE as part of the Education Renewal and Innovation Initiative.

Financial Summary

The budget for the commission is reviewed and approved by the Legislative Assembly’s Board of Management. The Legislative Assembly pays the salary for the director and deputy director, honoraria for the Human Rights Adjudication Panel, and rent expenses for the commission. These items are not included in the commission’s financial statements.

Statement of General Operations for the year ended March 31, 2014 shows:

The majority of the commission’s revenue comes from the GNWT via an operating grant of $250,000. This funding remains unchanged from the previous year.

Total revenues less expense reimbursement

equal $228,813, an increase of 3 percent from the previous year.

Expenses decreased, dropping from $206,966

to $181,139, a drop of 12.5 percent from the previous year.

Some other items of note in the commission’s financial statements include:

o advertising and promotion costs which

remained relatively consistent at just over $10,000 for the year;

o a 48 percent decrease in the honorarium

paid to the commission chair and a 39.9 percent decrease in the honoraria paid to commission members; and

o a 29 percent increase in legal expenses.

Revenue over expenses totaled $47,674,

leaving the commission with a surplus again in 2013-2014.

The

standing

committee

noted

that

the

commission’s financial statements show no travel expenses for the commission chair or members, despite the fact that travel took place. When questioned about this, Mr. Dent explained that the travel costs were covered under the line item for expense reimbursement. The committee felt that, in the interests of transparency and accountability, this information should be broken out in the financial

statements.

Committee

members

suggested that Mr. Dent work with the Legislative Assembly’s corporate services division to find a

way to more clearly present the commission’s travel costs in its financial statements.

Conclusion

The

Standing

Committee

on

Government

Operations congratulates the NWT Human Rights Commission for another successful year. Members applaud the efforts of its members and staff, particularly in the area of community outreach, for promoting a culture of kindness, tolerance, inclusion and respect in the Northwest Territories to benefit all residents of the Northwest Territories.

The Speaker

The Speaker Jackie Jacobson

Mr. Dolynny.

Daryl Dolynny

Daryl Dolynny Range Lake

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Frame Lake, that Committee Report 21-17(5) be received and adopted by this Assembly. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackie Jacobson

Thank you, Mr. Dolynny. Motion is on the floor. Motion is in order.

Some Hon. Members

Question.

The Speaker

The Speaker Jackie Jacobson

Question has been called. Motion is carried.

---Carried

Committee Report 21-17(5) is received and adopted by the Assembly. Thank you, Mr. Dolynny.

Item 13, reports of committees on the review of bills. Item 14, tabling of documents. Mr. Abernethy.