This is page numbers 4881 - 4900 of the Hansard for the 18th 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 budget. View the webstream of the day's session.

Topics

The Speaker

The Speaker Jackson Lafferty

Masi. Minister of Justice.

Louis Sebert

Louis Sebert Thebacha

Yes, thank you, Mr. Speaker. Department officials and the RCMP are exploring alternative options for victims to report sexual assault, such as third-party reporting, as well as the potential for external review committees. This will require a collaborative effort between GNWT, NGOs, and the RCMP. This is an important matter, and I realize that considerable progress has been made in this area in other jurisdictions. Thank you.

Julie Green

Julie Green Yellowknife Centre

Thank you to the Minister. I'm going to be really happy when you report that we are making considerable progress in this jurisdiction on this issue. I would like a little more detail around how often the working group is meeting and how it is engaging service providers who have front-line experience with people who have experienced sexual assault.

Louis Sebert

Louis Sebert Thebacha

I do know, obviously, that there are many partners in this important work. I am not certain as to when the last meetings took place or what level of engagement has been made, but I will look into that and get back to the Member opposite.

Julie Green

Julie Green Yellowknife Centre

I appreciate the Minister's commitment to obtain more information. Is there any kind of, I don't want to say "deadline," but is there any thought that there will be recommendations and an implementation plan focused on the most promising options within the remaining life of this Assembly?

Louis Sebert

Louis Sebert Thebacha

I can certainly look into that and get back to the Member opposite. I know this is important work, and as I mentioned earlier, other jurisdictions have moved ahead, particularly in the area of third-party reporting. I think the Yukon and British Columbia, if I have that right, have moved ahead on this. I do realize it is an important issue, but I can't really give a timeline at this point. I will check with the parties involved and get back to the Member opposite.

The Speaker

The Speaker Jackson Lafferty

Masi. Oral questions. Member for Yellowknife Centre.

Julie Green

Julie Green Yellowknife Centre

Mahsi, Mr. Speaker. Mr. Speaker, I am hopeful that this issue will come to completion in the life of this Assembly and that we don't have to start over with it again. I am also hopeful that this initiative will produce a definite ask of any additional resources that would be required to facilitate third-party reporting and third-party review. Can the Minister commit to providing this information when this information will be available when he is rounding up the other information?

Louis Sebert

Louis Sebert Thebacha

I am not certain about the question, whether the question had to do with financial resources that were going to be provided. I will again talk to the parties, involve the RCMP and, of course, the Department of Justice, and get as much information as I can as to timelines, certainly. As to financial commitments, I will have to look into that. Thank you.

The Speaker

The Speaker Jackson Lafferty

Masi. Oral questions. Member for Frame Lake.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Merci, Monsieur le President. Earlier today I discussed the Supreme Court of Canada Redwater decision. Can the Minister of Lands, who is responsible for managing financial security that should hopefully prevent further public liabilities, tell us whether his department has looked at the Redwater decision and what it may mean for the Northwest Territories? Mahsi, Mr. Speaker.

The Speaker

The Speaker Jackson Lafferty

Masi. Minister of Lands.

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Speaker. Certainly, I have looked at some of the commentary on this very important case. As Members may know, this worked its way through the court system up to the Supreme Court of Canada and had to do with the obligations when a company goes bankrupt. In essence, they said, and I am quoting from a commentary, "After going bankrupt, an oil and gas company has to fulfill provincial environmental obligations before paying anyone it owes money to, the Supreme Court has ruled." This is an important case because it will affect all companies and also affect those that lend to companies.

The Department of Lands has a coordinating role across the GNWT and the boards to ensure that the GNWT holds full securities across various authorities for environmental liabilities. The department has looked at the Supreme Court of Canada decision and is working with the Department of Justice to develop a full analysis. This is an important case that likely will have ramifications all across Canada. We are looking at the case. The decision date on it was only January 31st, so further analysis is needed. Thank you.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks to the Minister for that response. I hope that he can share some of that analysis with Members on this side of the House at the appropriate time. One of the key factors in the Redwater case was whether a trustee is liable for environmental requirements, as the Minister just said. The Alberta government has included "a trustee" in the definition of "operator" in its relevant legislation. Can the Minister of Lands, who is responsible for managing financial security, tell us whether the definitions in our legislation cover trustees and whether any changes should be made?

Louis Sebert

Louis Sebert Thebacha

Frankly, I don't know whether our definitions would include trustee or whether there has been any case law that might assist. However, it is an important issue, and I will get back to the Member opposite on this important issue. I understand what he is asking, I think.

Yes, certainly that might make a major change in the law if they were included in the definition of operator. I think that is the question. I don't know whether the Member opposite is suggesting that the trustee would be personally liable for environmental obligations. All I can say is that I, myself, will read the case and perhaps see what effect it would have on our legislation, or should have on our legislation, and specifically on the area of obligations and definitions of responsibility surrounding the trustees.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

I'd like to thank the Minister again for that commitment to get back to me on this very important matter, and I look forward to his department doing some work on it. Cabinet committed to prevent public liabilities as part of our mandate. When I checked the very reliable and trustworthy Mandate Tracker website, the only activities that seem to have been undertaken are some sort of tracking system that is still in progress and an elusive contaminated sites policy and procedures manual. Can the Minister tell us what he is doing, along with his Cabinet colleagues, to fulfil this commitment to prevent public environmental liabilities?

Louis Sebert

Louis Sebert Thebacha

We will be introducing a bill shortly which will include updated provisions related to security. This is a shared mandate commitment to develop an integrated comprehensive approach to the management of contaminated sites and develop a sound financial security system to prevent public liabilities. Lands has been supporting EIA and ENR's work on contaminated sites, and it is contemplating a securities tracking system for the GNWT, so we are making progress, I would suggest, in this area, and we will be introducing a bill shortly.

The Speaker

The Speaker Jackson Lafferty

Masi. Oral questions. Member for Frame Lake.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Merci, Monsieur le President. I would like to thank the Minister for that. He was able to read the mandate item very well, and I look forward to hearing about the progress that is being made on that. The Redwater decision has helped to clarify responsibilities and liabilities during operation and even afterwards. Devolution was supposed to bring responsible resource development, but our government has, in my view, yet to deliver on that promise. What specific policy, regulatory, and legislative changes is the Minister contemplating as a result of the Redwater decision? Mahsi, Mr. Speaker.

Louis Sebert

Louis Sebert Thebacha

When I first thought about the decision, I perhaps wasn't as aware as the Member opposite of the ramifications that it may have. I thought of it mostly in relation to the oil and gas industry, but it may have ramifications beyond that, possibly, although it is an oil and gas case. I'm not certain of the ambit or the effect of the case, and I'll have to look into that. That's why we're analyzing the case at this time. If it does point to the necessity of legislative change, we would certainly have to seriously consider that, as it is a Supreme Court of Canada case. Thank you.

The Speaker

The Speaker Jackson Lafferty

Masi. Oral questions. Member for Tu Nedhe-Wiilideh.

Tom Beaulieu

Tom Beaulieu Tu Nedhe-Wiilideh

Marsi cho, Mr. Speaker. I have questions for the Minister of Justice. In my Member's statement, I talked about Fetal Alcohol Spectrum Disorder. I'd like to ask the Minister if the Department of Justice knows the prevalence of Fetal Alcohol Spectrum Disorder in the Corrections system. Thank you.

The Speaker

The Speaker Jackson Lafferty

Masi. Minister of Justice.

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Speaker. Certainly, we know it is an issue in Corrections. However, not all of those with this condition are diagnosed, and I don't think we would have an exact count as to the number of people who are suffering from FASD. The Member opposite is quite correct that often they do come into contact with the justice system, but securing a diagnosis is a complex and costly process. An FASD diagnosis is not required for an individual with complex needs to access service, so as I say, diagnosis is difficult, but we do realize this is a problem in Corrections and in society generally, Mr. Speaker.

Tom Beaulieu

Tom Beaulieu Tu Nedhe-Wiilideh

I realize the prevalence of Fetal Alcohol Spectrum Disorder is difficult. It's like that right across the country. I'd like to ask the Minister if he would commit to working with the Department of Health and Social Services or hire an expert in identification of Fetal Alcohol Spectrum Disorder.