This is page numbers 1127 - 1154 of the Hansard for the 18th Assembly, 2nd 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 conduct.

Topics

Question 384-18(2): Records Of Non-Conviction
Oral Questions

Louis Sebert

Louis Sebert Thebacha

Thank you. In the year 2000, the Criminal Records Act, the federal piece of legislation, came into effect. It provided for an enhanced criminal record check in situations where vulnerable people, either children or other vulnerable people, were involved. This was seen as a way of protecting the vulnerable groups. I appreciate the Member's opposite concerns as there is also balance between individual right and the rights of the vulnerable. Thank you, Mr. Speaker.

Question 384-18(2): Records Of Non-Conviction
Oral Questions

Julie Green

Julie Green Yellowknife Centre

Mr. Speaker, I don't object to having criminal record checks for vulnerable sector individuals or for any others who require them. What we are talking about here is providing records that say that there has been an interaction with the law but not a conviction. The Minister has said that the 2012 territorial policing contract was designed so that the RCMP remains independent of political influence, and yet has the ability to apply the rule of law as determined by and in consultation with the territorial Minister of Justice. My understanding of the rule of law is that people are innocent until proven guilty. Will the Minister apply this rule and direct the RCMP to stop issuing records of non-conviction?

Question 384-18(2): Records Of Non-Conviction
Oral Questions

Louis Sebert

Louis Sebert Thebacha

The short answer is no, Mr. Speaker. As I say, this act came into force in the year 2000. It has been in force for 16 years now. I frankly don't know whether it has been subject to Charter scrutiny or not, but since it still seems to be in effect, I assume that Charter challenges have not been made or failed. In my view, there always has to be a balance between protecting individual rights and, as I mentioned earlier, the rights of those that are vulnerable, children, and perhaps the aged in some cases. I think the act does set a correct balance. This can't be asked for in all circumstances. It can only be asked for when those two groups, vulnerable and children are involved.

Question 384-18(2): Records Of Non-Conviction
Oral Questions

Julie Green

Julie Green Yellowknife Centre

Mr. Speaker, the 2012 media release announcing the new territorial policing agreement said, "With the formation of a new contract management committee, the Government of the Northwest Territories, together with other provinces and territories will have influence over cost and service decisions in an ongoing and co-ordinated way." Will the Minister put this issue on the agenda of the next contract management committee meeting and call upon the RCMP to cease issuing records of non-conviction in the NWT?

Question 384-18(2): Records Of Non-Conviction
Oral Questions

Louis Sebert

Louis Sebert Thebacha

While we do meet with the RCMP, we do not interfere, if I can put it that way, directly with their day-to-day operations. As I mentioned earlier, I think that the enhanced criminal record checks provided for in the Criminal Records Act are a good idea protecting vulnerable groups. So I am not asking for any change.

Question 384-18(2): Records Of Non-Conviction
Oral Questions

The Speaker

The Speaker Jackson Lafferty

Masi. Oral questions. Member for Yellowknife Centre.

Question 384-18(2): Records Of Non-Conviction
Oral Questions

Julie Green

Julie Green Yellowknife Centre

Mahsi, Mr. Speaker. Thank you to the Minister for his responses. A practice, of course, is no less unjust for being national rather than territorial in scope. These records of non-conviction are opposed by, among others, the Canadian Civil Liberties Association, the John Howard Society, and most recently the Government of Ontario, which is taking steps to outlaw their use. The RCMP is a contracted provincial territorial police service in all jurisdictions except Ontario and Quebec. I am going to ask again, will the Minister of Justice consult with his provincial and territorial counterparts at the next meeting of Justice Ministers to seek an elimination of the use of records of non-conviction by the RCMP? Thank you.

Question 384-18(2): Records Of Non-Conviction
Oral Questions

Louis Sebert

Louis Sebert Thebacha

Mr. Speaker, as I mentioned already, I believe that these types of checks, this enhanced record as it could be called, are essential in certain circumstances dealing with the vulnerable populations or children. I am always willing to consult, but I am not just going to go forward with the position that this should be changed. Thank you, Mr. Speaker.

Question 384-18(2): Records Of Non-Conviction
Oral Questions

The Speaker

The Speaker Jackson Lafferty

Masi. Oral questions. Member for Kam Lake.

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

October 24th, 2016

Kieron Testart

Kieron Testart Kam Lake

Thank you, Mr. Speaker. Mr. Speaker, recently there was a news release from the City of Yellowknife recommending certain changes to the City, Towns and Villages Act to allow them the flexibility to engage in certain initiatives like local improvement charges, hotel taxes, etc. These recommendations have been long supported by the NWT Association of Communities. I would like to ask the Minister responsible for Municipal and Community Affairs today if the department plans to take action on that request from our municipal partners? Thank you.

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

The Speaker

The Speaker Jackson Lafferty

Minister of Municipal and Community Affairs.

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

Caroline Cochrane

Caroline Cochrane Range Lake

Thank you, Mr. Speaker. Yes, the Department of Municipal and Community Affairs is aware of the request from the City of Yellowknife. We are looking at them. We are researching into them. We do have to do a thorough consultation process before we change any legislation or acts, and so we haven't started that process on these as of the moment.

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

Kieron Testart

Kieron Testart Kam Lake

I believe the legislation was last updated in 1988, and many of these recommendations have been long-standing for as long as five or six years. When does the Minister plan to direct the department to begin this work? Can our municipal partners have some timelines to consider, as they've been asking for a very, very long time?

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

Caroline Cochrane

Caroline Cochrane Range Lake

As stated already, the department is already at the point of researching these requests, so we've already given direction to look into them. Thank you, Mr. Speaker.

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

Kieron Testart

Kieron Testart Kam Lake

Is the Minister aware of the long-standing resolutions being passed by the NWTAC, and more recently by the City of Yellowknife amongst other councils? Is the department paying attention to that? Is the Minister paying attention to that, and how does she respond to these long-standing issues? Has the department looked into this before, Mr. Speaker? Has the department done research before this point, or is this research just starting now?

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

Caroline Cochrane

Caroline Cochrane Range Lake

Members may be aware that I have just taken over the position of Minister of Municipal and Community Affairs. I can't state what has happened historically on these subjects, but I can state that, at this point, we are researching it to see about the viability and, like I said, there will have to be public consultation with all of the communities that this may impact before we make a decision on it.

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

The Speaker

The Speaker Jackson Lafferty

Masi. Oral questions. Member for Kam Lake.

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

Kieron Testart

Kieron Testart Kam Lake

Thank you, Mr. Speaker. I try to be economical in my questions. Finally, does the Minister believe that this work will be completed by the end of this term, or will we have to wait until another Assembly, or potentially the Assembly after that, to see these changes come forward? Thank you, Mr. Speaker.

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

Caroline Cochrane

Caroline Cochrane Range Lake

Right at this point, it's hard to determine whether it will be done during this current Legislative Assembly. However, like I have stated, we are researching it at this point. We do have other major legislations that we are putting through with this Assembly related to health or public safety, so those are our priorities at this time. Once that work is all finished, the next step will be to look at these legislative amendments that they're requesting. Thank you, Mr. Speaker.

Question 385-18(2): Changes To Cities, Towns And Villages Act
Oral Questions

The Speaker

The Speaker Jackson Lafferty

Masi. Oral questions. Member for Deh Cho.

Question 386-18(2): Small Community Restricted Driver’s Licences
Oral Questions

Michael Nadli

Michael Nadli Deh Cho

Thank you, Mr. Speaker. My questions today are for the Minister of Transportation. I was pleased to learn that the Department of Transportation is reviewing the restrictions on drivers in very small communities, so that someone from Tulita or Deline, for example, could use regional ice roads to legally travel throughout the region, not just 100 km from their driveway. When will the department's review of restrictions for drivers in very small communities be complete? Mahsi.

Question 386-18(2): Small Community Restricted Driver’s Licences
Oral Questions

The Speaker

The Speaker Jackson Lafferty

Masi. Minister of Transportation.

Question 386-18(2): Small Community Restricted Driver’s Licences
Oral Questions

Wally Schumann

Wally Schumann Hay River South

Thank you, Mr. Speaker. Yes, the department is currently reviewing what's called condition G driver’s licenses to allow the drivers in small communities to drive without any restriction beyond 100 km in their region. What we're hoping to do, in this review that we're looking at, would allow them to drive on the ice road system, basically. The Member has referred to Tulita, and presently if a person has a code G driver's license, they can only drive to Norman Wells, and that would be their restriction on their license. The policy is being reviewed, and we want to be able to let them drive safely to Fort Good Hope or Deline within that region. I would have to get back to the Member and find out when we're going to be finished this review.

Question 386-18(2): Small Community Restricted Driver’s Licences
Oral Questions

Michael Nadli

Michael Nadli Deh Cho

Can the Minister provide examples of how other jurisdictions manage licensing for drivers from rural and remote communities so that applicants can get a valid, nationally recognized license without incurring major costs?

Question 386-18(2): Small Community Restricted Driver’s Licences
Oral Questions

Wally Schumann

Wally Schumann Hay River South

I don't have that information readily available. I would have to get back to the Member on that.