This is page numbers 5365 - 5412 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 women. View the webstream of the day's session.

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Julie Green

Julie Green Yellowknife Centre

Mahsi, Mr. Speaker. Your Special Committee to Increase the Representation of Women in the Legislative Assembly is pleased to provide its interim report on increasing the representation of women to the Legislative Assembly and commends it to the House.

Introduction

The Legislative Assembly of the Northwest Territories (NWT) has the lowest percentage of women Members of any Canadian legislature. NWT voters elected two women to the Assembly in 2015, or 10.5 percent of Members. By comparison, Nunavut has six women Members, or 27.3 percent, and Yukon seven, representing 36.8 percent.

On March 8, 2018, this Legislative Assembly adopted a motion to increase the representation of women in the Legislative Assembly to 20 percent by 2023 and 30 percent by 2027. The Assembly created the Special Committee to Increase the Representation of Women in the Legislative Assembly and tasked it with identifying a wide range of strategies to achieve these goals.

The special committee began work on November 28, 2018 and has since held several public hearings, received written submissions and additional requests for meetings with interest groups. Overwhelmingly, we heard that women face many obstacles to running for elected office in the Northwest Territories. In addition, we heard that initiatives to assist women prepare for participation in politics are far too few and infrequent. The special committee also heard that the Legislative Assembly should be more family-friendly.

Given this feedback, we decided to provide the public with an interim-report focused on systemic barriers to women's full participation in the NWT's political life.

While the Special Committee's work is not complete, we are sharing what we have heard and recommendations intended to improve conditions for women's engagement in politics. A final report will be tabled before the end of this 18th Legislative Assembly. It will include discussion and recommendations on electoral processes and legislative change.

Special Committee Mandate

On March 8, 2018, the Legislative Assembly unanimously passed Motion 13-18(3), Increasing Women's Participation in the Legislative Assembly. This motion calls on the Members of the Legislative Assembly to support "the goal of increasing women's representation in the Legislative Assembly to 20 percent by 2023 and 30 percent by 2027"; "work together and individually to identify and implement a wide range of strategies, including positive action, public debate, and training and mentoring for women as leaders, to achieve these goals."

On November 1, 2018, the Legislative Assembly adopted a motion and created the Special Committee to Increase the Representation of Women in the Legislative Assembly. The terms of reference detail the special committee's tasks and include the following:

  • The special committee is committed to consult with relevant interest groups within the Northwest Territories, in Canada, and internationally, as appropriate.
  • The special committee will consider relevant studies or reports aimed at increasing the representation of women, including Tabled Document 208-18(3), Discussion Paper - "Temporary Special Measures" To Increase the Representation of Women in the NWT Legislative Assembly.
  • The special committee will prepare a report and present it to the House no later than the first day of the final sitting of the 18th Legislative Assembly.
  • The report should identify, describe, and, where appropriate, make recommendations with respect to:
    • the barriers that prevent women from running, incentives that mitigate these barriers, along with incentives to increase the representation of women in the Northwest Territories Legislative Assembly;
    • solutions designed to increase women's representation in the 20th Legislative Assembly to 20 percent, and in the 21st Legislative Assembly to 30 percent; and
    • changes to any current rules of the Legislative Assembly and the current and related legislation, or policies and programs of the Government of the Northwest Territories and the Legislative Assembly.

Discussion

The Speaker of the NWT Legislative Assembly tabled a report to generate discussion on how to increase women's representation. The discussion paper "Temporary Special Measures to Increase the Representation of Women in the NWT Legislative Assembly" presents a model based on the system used in Samoa, which amended its constitution to guarantee a minimum number of seats for women. The paper describes how this system could be applied to activate increased women's participation in our legislature.

Worldwide, governments and political parties have adopted various measures to increase representation by women. These range from constitutional or legislated requirements to voluntary targets set by political parties. Studies show that mandatory or guaranteed seats produce significantly higher numbers and quicker results than voluntary targets. Additionally, more women are elected in systems with proportional representation than in "first-past-the-post" systems such as Canada and the NWT has, where voters indicate on a ballot the candidate of their choice, and the candidate who receives the most votes, wins.

Taiwan (Republic of China) is an interesting example. The state adopted reserved seats for women in the 1950s and was one of the earliest countries in the world to do so. Of Taiwan's 113 seats, 73 represent single-member-districts elected much as they are in Canada; 34 are filled from party lists on the basis of a nationwide vote for proportional representation, and six seats are reserved for aboriginal representatives from the three districts.

Voluntary quotas are not an option in electoral systems without political parties, such as our own consensus government. If guaranteed seats are deemed necessary in the NWT, they would have to be legislated as suggested in the Speaker's discussion paper.

Before the creation of Nunavut in 1999, an appointed implementation commission recommended a gender-equal Legislative Assembly. A man and a woman would be elected by all voters in each district. The proposal was put to a non-binding public vote in May 1997, resulting in 57 percent of ballots against the idea. Had the system been implemented, Nunavut's Assembly would have been the world's first gender-equal, democratically elected legislature. Currently, six of 22 Members (or 27 percent) of Nunavut's Legislative Assembly are women.

Electoral systems cannot be the sole tool to increase women's representation because the social, cultural, political, historical, and economic realities of each jurisdiction will influence the effects that measures and incentives have on women's participation.

Changing the workplace by providing opportunities for work-life balance also can have a positive effect on increasing the share of women in Legislative Assemblies.

I'd like to now turn over the reading to the honourable Member for Range Lake.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Range Lake.

Caroline Cochrane

Caroline Cochrane Range Lake

Thank you, Mr. Speaker.

Political Participation

The percentage of women in national legislatures has become a standard measure of a country's achievement in women's political participation. The presence of women in legislatures is considered essential to encouraging citizen engagement and building a representative democracy because women represent half the population.

The number of women in legislatures is increasing throughout the world. The East African country of Rwanda tops the global list, with 49 women holding 61.3 percent of the seats in the national legislature. Cuba is second, with 53.2 percent; Bolivia third at 53.1 percent; and Mexico is fourth, with 48.2 percent. The 13 counties with representation of women above 40 percent include the Nordic countries Sweden, Finland and Norway, but also Grenada, Namibia, Costa Rica, South Africa, and Senegal. When looking at regional averages, the Nordic countries lead, with 42.3 percent; followed by the Americas, with 30.3 percent; and Europe, with 26.5 percent, excluding the Nordic countries.

In 2018, Quebec voters elected 52 women to its National Assembly of 125 seats, or 41.6 percent, the highest in Canada. In the same year, Ontario voters elected 49 women to take 39.5 percent of seats in Queen's Park. In British Columbia, where 111 women ran in the provincial election, 34 were elected, taking 38.5 percent of the seats. Canada's Parliament has 90 women Members, representing 26.9 percent, ranking 59th globally.

Research determined that more women are elected in systems with party lists, proportional representation, and large districts. Most political parties have introduced candidate quotas for women based on party internal decisions. However, obstacles reported in party systems include barriers in the candidate recruitment and selection process, party discipline, and gender-biased media coverage. Tactics such as assigning first-time women candidates to ridings with strong incumbents are a disadvantage to women.

In non-partisan systems like the NWT's and Nunavut's, the individual candidate cannot rely on party support nor expect the barriers mentioned above. In the absence of political parties, candidates run as independents in consensus government.

What Women Bring to the Table

The critical threshold of women required in a legislature to bring about significant and lasting policy change is 30 percent, according to the United Nations. Globally, 49 countries have exceeded that mark. As of November 2018, the percentage of women in legislatures worldwide was 24.1 percent.

Increasing the number of women in positions of political power affects many aspects of society. Differences in priorities have been studied, with findings that women members of parliament more often address issues of social policy, family policy, and care for the elderly or healthcare in their election campaigns than their male counterparts. Research literature suggests that women politicians are more likely than men to advance women's rights in areas such as pay equity, violence against women, healthcare, and family policy.

Researchers investigated the relationship between the growing number of women in Canada's 10 provincial governments and changes in population health over time. The authors conclude that women in government can bring about desirable changes in reducing mortality rates by triggering specific types of government spending, including medical care, preventive care, post-secondary education, and social services.

Not all women Members of the Assembly prioritize and find the same solutions to the same problems. While research suggests that women's leadership may reduce partisan combativeness and advance issues of gender equality, childcare, and pensions, it cannot be assumed that women and men implement leadership in the same way, or that leadership styles are distinctly fixed to gender. One research project found women leaders tend to be more relationship-oriented, while their male counterparts were more task-oriented. However, women leaders also tend to abandon their styles when in male-dominated leadership roles.

Women in government appear to govern differently than men. Research suggests that women tend to interrupt less, pay closer attention to other people's non-verbal signs, and use a more collaborative governing style than men. Women also govern differently by behaviour, opinion, and attitude, with consequences such as change in internal working procedures or encouragement for more trust in government, according to research.

Women legislators continue to embrace women, children, and family as priority issues; men do not share these priorities as often. Research found that women and men legislators over time have been agreeing more on ideas on how to work and develop procedures and process improvements. However, when it comes to choosing subjects, women and men continue to have different priorities in the topics they wish to see addressed.

I would like to now hand the report over to the honourable Member for Tu Nedhe-Wiilideh. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Tu Nedhe-Wiilideh.

Tom Beaulieu

Tom Beaulieu Tu Nedhe-Wiilideh

Thank you, Mr. Speaker.

A Slow Process

The United Nations (UN) Commission on the Status of Women exists since 1946. The 1953 Convention on the Political Rights of Women adopted by the UN General Assembly is the first international treaty guaranteeing that women be entitled to vote in all elections, be eligible for election to all publicly elected bodies, and be entitled to hold public office on equal terms with men.

In 1979, the Convention on the Elimination of All Forms of Discrimination Against Women was adopted by the UN General Assembly and ratified by 189 states, including Canada. One of its 16 core provisions guarantees women equality in voting and participation in government and organizations concerned with public and political life of a country.

The 2011 UN General Assembly Resolution on Women's Political Participation expressed concern that women worldwide continue to be marginalized from political activities due to "discriminatory laws, practices, attitudes, and gender stereotypes, low levels of education, lack of access to healthcare, and the disproportionate effect of poverty on women." This resolution reaffirms obligations of all states to protect human rights, recognizes the role of UN women, its goal of gender equality and empowerment of women, and recognizes the important contributions "women have made toward the achievement of representative, transparent, and accountable governments in many countries."

Several indexes have been developed to measure gender equity worldwide. The UN Gender-related Development Index, the World Economic Forum Gender Gap Index, the International Save the Children Alliance Mothers' Index, and the Social Watch Gender Equity Index all rank countries by the number of women in parliament. The rankings are reported on the Inter-Parliamentary Union's website, http://www.ipu.org.

The pace at which women have been elected to legislatures worldwide has been called "glacial."

What We Have Heard

We heard that the essential voices of women are missing in the NWT Legislative Assembly, its committees, and Cabinet. The special committee received passionate and well-informed calls for the Assembly to take action to increase women's participation.

We also heard that equal representation can make a difference and that there is awareness that women's leadership gives strength to and improves political decision-making. When women are equally represented, multiple viewpoints are taken into account and conduct tends to be more respectful.

Cultural barriers, financial and other challenges to campaigning, access to information and knowledge on consensus government, and uncertainty about the responsibilities of Members of the Legislative Assembly were among the most common topics to arise during conversations in public hearings conducted by the special committee.

Encouragement and social support for candidates, more consideration for women's roles in the care of children and family, workshops on campaigning, helping young women to see politics as a career choice, and enhancing the Northern Studies curriculum were among the concrete suggestions to help overcome the obstacles women see on their path toward equal political participation.

The committee has received specific requests to identify how the NWT Legislative Assembly's building can be changed to better accommodate women, and how policies could be improved to create a more women- and family-friendly environment.

Women's Candidacy

Canadian federal elections show that the most important factor in women getting elected is the decision to run for office in the first place. In 2015, of all Parliamentary candidates, 29.9 percent were women. Today, nearly the same amount, 27 percent, of Canada's Members of Parliament are women.

Since 1999, NWT elections have had women candidates in only eight, nine, or 10 of the 19 ridings. The high was 10 candidates in 2007. In 2015, there were nine women candidates in nine of the 19 ridings, and two were elected.

Women must be willing to stand as candidates in order to be elected. The decision to become a candidate and run for a seat in an election is an individual choice, but women report many obstacles they must consider when choosing to run.

A 2014 study by the Inter-Parliamentary Union found that, globally, the top five factors deterring women from entering politics are:

  • Domestic responsibilities;
  • Prevailing cultural attitudes regarding the roles of women in society;
  • Lack of support from family;
  • Lack of confidence; and
  • Lack of finance.

Media can also play a role in women's participation in public life and politics, whether at the local, regional, or national level. Gendered comments, sexist jokes, labelling of women politicians, focusing on a woman's physical attributes, and using stereotypes detract from women candidates' platforms and achievements.

Discussion is ongoing on how Indigenous communities are impacted by the gendered process of colonization, including the failure of mainstream Indigenous organizations to mobilize around these impacts. Indigenous women's experiences of colonization have had particularly negative impacts on their ability to achieve positions of power within Canadian or Indigenous governments or organizations, according to research.

Research has attempted to connect the historical stereotyping of Indigenous women to the current high numbers of unsolved crimes against them. Colonialist interpretations and misinterpretations based on ethnocentric views have contributed to stereotypes that, in turn, are said to have led to negligence in solving crimes against Indigenous women. Understanding how gender roles changed during the history of contact with a patriarchal European colonial society, how it has contributed to today's high rate of violence against Indigenous women, and how this in turn has contributed to the low representation of Indigenous women in political leadership is at the heart of some most recent research.

I will now hand over the report to the honourable Member for Deh Cho. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Deh Cho.

Michael Nadli

Michael Nadli Deh Cho

Thank you, Mr. Speaker.

Women as Caretakers

Women in the NWT said one of the biggest barriers to their participation in politics is their role as caretakers of household and family. Overall, there was a strong sense that women are expected, and often expect of themselves, to be the caretaker of extended families. Their professional work and caring for family often leaves little time for preparing to participate in politics.

The committee also heard about poverty and how it heightens the pressure on women to provide for children and family. We heard often that women provide financially for the extended family and have little to spend on themselves.

We have heard that men should not keep women at home to have babies and take care of the house. We have also heard that, in today's world, it is the women who have gone to school and have jobs.

Members have heard that stigma plays a big role in women's decision-making on political participation. Women explained that they felt that being a politician is still seen as a man's job, and therefore many women shy away from political leadership as a choice for themselves.

Financial Risks of Campaigning

The committee heard from many residents that deciding to run for election requires quitting full-time jobs or interrupting business activities. With the outcome of the campaign being unknown, they felt that the financial risk of running is too great.

Proposals to mitigate this risk include convincing employers to keep the position open and offer unpaid leave to employees who run for elected office. We also heard that some women will not consider running for election because they do not want to take a pay cut and reduce their current level of income to the level of earnings made by a Member of the Legislative Assembly.

Fundraising strategies are impacted by the size of a riding and the type of transportation required. Committee heard there is considerable effort required when running for election in ridings with small and fly-in communities to visit people and households.

Being reliant on flight schedules can even further extend the time away from home. For those who require childcare, the expenses are also higher. It was also suggested that eligible electoral expenses include childcare expenses.

The resources required to cover far distances within one riding are a key concern. There was mention of an imbalance in the costs of campaigning amongst NWT's ridings, as, for example, ridings within Yellowknife do not require much travel.

Recommendation 1

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends that the Legislative Assembly Board of Management consider childcare expenses as a constituency work allowance expense.

An important factor when discussing the extended time away from home due to necessary travel is the increase in number of days for which childcare is required, and the increase in related expenses. One former woman candidate explained she took her child along on her campaign tour, covering the extra travel, in this case airfare, in addition to accommodation expenses.

Recommendation 2

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends that the Legislative Assembly make childcare an allowable election expense.

Campaign Schools

The UN Women's programs on leadership and participation work with civil society to uphold women's rights, including the right to vote and campaign free from electoral violence. The programs advocate legislative and constitutional reforms to ensure women's fair access to all political areas. Training and empowerment are essential components of the UN Women's commitment to advance gender equality. The UN Women Training Centre offers training courses, programs and resources, including an eLearning campus and knowledge-sharing platforms.

Significant efforts to overcome barriers are being made by non-governmental organizations in Canada. A prominent example is Equal Voice, a multi-partisan organization dedicated to electing more women in all orders of government. Its Daughters of the Vote project is receiving $3.8 million in federal support over three years to encourage young women to consider a career in politics.

In the Northwest Territories, the Status of Women Council has offered information on campaigning for many years. Starting in March 2019, the Status of Women Council and the Native Women's Association will pilot a new Campaign School curriculum. Additional initiatives currently ongoing include Women on the Ballot workshops provided in Yellowknife.

Mr. Speaker, I will now hand the report over to the honourable Member for Thebacha.

The Speaker

The Speaker Jackson Lafferty

Member for Thebacha.

Louis Sebert

Louis Sebert Thebacha

What We Have Heard

Training in leadership, public speaking, and how to run a campaign are key suggestions the committee received in all public hearings. The obstacles women identified, such as not being taught or encouraged to speak in public, lacking self-confidence, having no experience in campaigning, and no information on a Member's duties culminating in the expressed wish for workshops, training, and learning opportunities in communities.

Leadership training for women was identified as an important tool to increase participation in politics. The Indigenous Women in Leadership program of the Banff Centre for Arts and Creativity was mentioned as a good example of a program for Indigenous women leaders.

The committee also heard that women encounter the persistent perception that women who run for the first time are not likely to perform well. Women in particular noted that, when first-timers run against male incumbents, the public reasoning of women's inexperience in predicting low performance is regarded a gender-based interpretation and a disincentive to potential women candidates. Gendered comments from the public are expected and predicted by the women we heard from. The perception of low chances of electoral success, particularly against male incumbents, is a disincentive to women.

We heard that women seek assistance in preparing for candidacy. Women asked for opportunities to gain knowledge and experience on how to handle the obstacles they must address and overcome before they feel ready to run for election. In particular women asked that the following initiatives be offered in communities:

Provide a women's forum for discussion and exchange of ideas;

Inform how to put women's issues on political agendas, locally or regionally;

Help to organize meetings amongst women for the purpose of strategizing on how to promote women and make their voices heard; and

Train women how to increase self-confidence, speak in public, and respond to gendered comments.

Campaign schools are known to community members. Participants in our public meetings had either attended one of the Status of Women Campaign Schools, or knew someone who had. The majority of references to the workshops were positive and pointed to specific content elements as useful information.

Several times, we were told the campaign schools' work should be supported and expanded to accommodate the learning needs of women in communities. We heard at every public meeting that women seek more knowledge about the scope of the task of being a candidate and that information on the candidacy process should be easily accessible. Many residents recommended that government should continue to offer campaign-readiness courses and workshops in communities, and bring educational events to the smaller communities rather than holding them only in the larger hubs.

Recommendation 3

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends that the Government of the Northwest Territories task and fund one or more independent individual(s) or organization(s) to deliver the Campaign School for Women initiatives throughout the Northwest Territories and offer more than two workshops in one fiscal year.

After all the feedback committee received on the need for more information and training to help women to prepare to be candidates, we heard that more money needs to be invested into campaign schools initiatives.

For example, it was mentioned that a section on roles and responsibilities is a good start to provide needed information. Many women who came to our public meetings are board members in their home communities and already involved in decision-making positions. The women identified that they require additional and concrete information to move forward to compete for roles at the next level of government.

Consensus Government

A recent poll found that there is a clear gap in self-reported political knowledge among men and women in Canada. A 2018 Abacus data study asked individuals how much they know about politics. Responses showed that women were 19 percent less likely than men to say they know a lot or a fair amount about politics. Research has shown that, while men are likely to think they are qualified to run for office, women, even in positions of high professional achievement, remain reluctant to run because they are concerned they are not qualified enough.

The committee heard that women in the NWT perceive themselves as having insufficient knowledge and understanding of political systems and that they feel a strong need to have easier access to information on the NWT's political system. We heard that there is need to improve and broaden women's access to information across the NWT and to reach each community.

Committee heard that general education and information for candidates is needed in the following areas:

  • Learning about the NWT political system;
  • Hearing that politics can be a career;
  • Understanding functions of the NWT Legislative Assembly;
  • Knowing where to find information on how to become a Member of the Legislative Assembly;
  • Being aware of the duties and responsibilities of a Member;
  • Understanding the requirements to run for an elected seat;
  • Understanding the type and depth of knowledge required before one runs for election;
  • Learning and practicing public speaking as part of grade school education; and
  • Knowing where to find opportunities for leadership training for young women.

It was recommended that this information be presented in the form of pamphlets and a video. The format should be easily accessible in communities and in plain language. Information should be provided on tools such as session calendars, the technologies available at the Assembly, and ways to work remotely. The committee suggests that this might be accomplished through additional and regular communications initiatives.

Recommendation 4

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends that the Legislative Assembly provide to the public a better understanding of the work of a Member and make available a video and other visual and written materials, including information on the prerequisites, roles and responsibilities, and benefits available to Members. Mr. Speaker, I will now hand the report to the honourable Member for Nunakput.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Nunakput.

Herbert Nakimayak

Herbert Nakimayak Nunakput

Thank you, Mr. Speaker.

Political Education

Engaging women at a young age, we heard, is at the heart of getting women to participate in politics. Women had little recollection of learning about politics in school or during activities outside of school. Few women recalled any mention of "politician" as a career choice during their school years. Information on what politicians do and how one becomes one appears to be absent in school curricula and extra-curricular activities.

Young women tend to be exposed to less political information than young men. Research found that, regardless of whether the focus is on academic or extracurricular activities or media habits, women are less likely to be surrounded by political discussion and information. This information gap hinders young women's political ambition.

The committee received feedback on school education and when to best educate students on political systems, including career opportunities. Women recommended including information on civics, consensus government, and politics as a career choice in grade eight in order to reach women at a young age. In support of young women making career choices for leadership in politics, the committee heard that it would be necessary to include information on careers in politics in school career programs.

The committee members also heard words of caution. Being elected as a Member of the Legislative Assembly is a position with a time limit. An MLA serves a term of four years, until the Assembly is dissolved for the next election. It was questioned if four years could even be considered a career. Every Member faces the risk of not being re-elected.

The Northern Studies program, which is part of the grade 10 NWT curriculum in high schools, includes learning about Canada's parliamentary system. We heard that it does not specifically teach about consensus government and that not all schools carry out the program with the same intensity and focus. In cases where the program has left notable impression on the students, it was the teacher's special efforts that made the difference.

Visiting the Legislative Assembly was described as a highlight of learning in school. Involving MLAs in the classes of teaching the Northern Studies program was mentioned as an important hands-on experience.

The committee heard that teaching on consensus government could be intensified and that the Northern Studies program is a good opportunity to inform young students about career choices in politics. Women stressed that, while the program is not gender-specific, it provides an excellent opportunity for young women to acquire knowledge on politics that they otherwise may not experience at this age.

Recommendation 5

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends that the Legislative Assembly take the necessary steps to assist in ensuring that information on the NWT's consensus government is made available to any group, organization or government in the Northwest Territories involved in teaching young women;

Further, the Special Committee to Increase the Representation of Women in the Legislative Assembly recommends that the Legislative Assembly encourage its Members to be supportive of hands-on learning activities on consensus government, such as school visits to the Legislative Assembly of the Northwest Territories.

Work-Life Balance

The challenge of balancing work and life is magnified for women because women are most often the primary caregivers. Scheduling childcare in an environment that requires short-notice adjustments to work schedules is challenging. Add the necessity for work travel and the outcome is a tricky negotiation among priorities.

Researchers have shown that there are factors that make a Legislative Assembly job particularly challenging for mothers. Such challenges include not being able to take time off to take care of an infant, or to turn off the phone to spend uninterrupted time with children or family. Infant and toddler care may also not be available in close vicinity to the Legislature, requiring additional arrangements particularly to accommodate late sitting hours.

Research has given some attention to leave policies, employer-supported access to childcare, alternative scheduling, and family support to enable work-life balance. However, it has been argued that much work remains to ensure that electoral politics do not present additional barriers to the participation of women.

Measures in Canadian Legislatures Supporting Work-life Balance

In 2016, the House of Commons and the Legislative Assembly of Alberta tasked committees with studying ways to make their legislatures more family-friendly. Each resulted in a report with seven recommendations, many looking to improve Members' schedules. In Alberta, as well as in the NWT, there was concern that votes scheduled at the end of a week's sitting could disrupt the travel arrangements of Members with constituencies furthest away from the Assembly.

Reconciling family and professional life applies to women and men equally, the committee heard. The topic of sessional schedules and sitting hours was raised several times, often by those who had previously been Members.

We heard that the sessional schedule and long sitting hours did not accommodate women Members who had children and family at home outside of Yellowknife. Arrangements had to be made for childcare in the home community, and it was not possible to combine family and work life in one location. Loneliness, we heard, is a hard fact in the lives of women MLAs who spend the weekdays far from their family, home community, riding, or constituency.

Mr. Speaker, I would now like to hand the report back to the honourable Member for Yellowknife Centre. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Yellowknife Centre.

Julie Green

Julie Green Yellowknife Centre

Mahsi, Mr. Speaker.

Making the NWT Legislature Child-Friendly

Changes to facilities, installing change tables in washrooms, and quiet rooms for Members to care for children have been introduced in many public places. More than half of Canadian legislatures have installed change tables in washrooms, and several have designated quiet rooms, including Alberta, Manitoba, and the House of Commons.

Daycare facilities are not available to all legislatures. Thirty-eight spaces for children aged between 18 months and five years are provided to Members of the House of Commons in Ottawa. Ontario's Legislature holds a membership to a corporate daycare that ensures a place is available should a Member wish to drop off their child at their own expense. Quebec considered opening an early childhood centre on site, but did not do so as the city of Quebec is already well-served with childcare spaces. Alberta is considering a daycare facility on the legislature grounds.

Several legislatures allow infants or small children in the Chamber. British Columbia, Alberta, Manitoba, and the House of Commons have either no restriction or have amended rules to allow for infants to be in the House during sittings.

The NWT Legislative Assembly currently has no family rooms, change tables, or any physical features to accommodate small children on the premises. Members who wish to bring their children have no designated spaces to care for them.

The committee heard that it is time to review how well the NWT Legislative Assembly allows Members to balance work and family life. Suggestions include a review of the building and its facilities with a view to accommodating women, childcare needs, family responsibilities, and possible access issues, such as special parking or wide enough doors to allow strollers to pass.

Recommendation 6

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends that the Legislative Assembly investigate practical measures to make the legislature family-friendly, explore the possibility of creating a family room, installing infant change devices in bathrooms, and improving signage indicating location of family-friendly facilities.

Parental leave and absences due to pregnancy or childbirth are considered acceptable absences in most jurisdictions in Canada, though not always formalized as parental leave but accepted under other leave options, such as family or sick leave.

Recommendation 7

The Special Committee to Increase the Representation of Women in the Legislative Assembly recommends that the Legislative Assembly Board of Management make allowances for Members to be absent from the Assembly without financial penalty for up to four months due to pregnancy, childbirth, or the care of a Member's child following birth or adoption.

Many jurisdictions have aimed to improve on their Assembly's family-friendliness. Setting parliamentary calendars early in the year is one measure that most legislatures have taken to allow Members to better predict their schedule.

Sitting hours have been adjusted to a four-day week schedule in Manitoba, Saskatchewan, and the Yukon. Quebec reduced its schedule to a three-day week.

Late night sittings were eliminated in Manitoba, Saskatchewan, and the Yukon. In other jurisdictions, such as British Columbia, Ontario, and Alberta, the frequency of evening sittings has been reduced. Several attempts have been made in Prince Edward Island and New Brunswick to make sitting hours more family-friendly, but to date, hours have not been changed and evening sittings continue.

Proxy voting and pairing rules for voting enable Members of legislatures to be absent without impacting voting results. Proxy voting allows a Member to vote in her or his absence by delegating the vote to another representative. Most recently, the Parliament of the United Kingdom, in a briefing on "baby leave," recommended to allow their Members who have had a baby or adopted a child to be entitled, but not required, to discharge their responsibility to vote by proxy.

The House of Commons, Manitoba, and Ontario have pairing rules. This arrangement between two Members enables one to be absent without affecting the result of a vote. A Member of the opposition will agree to also not vote, therefore cancelling out the imbalance and avoiding the loss or win of a vote because of absence.

Next Steps

The Special Committee to Increase the Representation of Women thanks everyone involved in the discussion of this topic, with particular thanks to those who provided their input and recommendations. We appreciate the feedback received and encourage further discussion and hearing from more groups.

The committee will continue consultation, research further, and will come forward with concrete recommendations to increase the representation of women in the Legislative Assembly of the Northwest Territories. The committee will table its final report before the end of the 18th Legislative Assembly.

Julie Green

Julie Green Yellowknife Centre

Mr. Speaker, I move, seconded by the honourable Member for Range Lake, that Committee Report 14-18(3) be received by the Assembly and moved into Committee of the Whole for further consideration. Mahsi.

The Speaker

The Speaker Jackson Lafferty

Masi. The motion is in order. To the motion.

Some Hon. Members

Question.

The Speaker

The Speaker Jackson Lafferty

Question has been called. All those in favour? All those opposed?

---Carried

Masi. Reports of standing and special committees. Member for Hay River North.

R.J. Simpson

R.J. Simpson Hay River North

Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of Bill 30, An Act to Amend the Human Rights Act, and commends it to the House.

Introduction

The Standing Committee on Government Operations ("the committee") is pleased to report on its review of Bill 30, An Act to Amend the Human Rights Act.

Bill 30, An Act to Amend the Human Rights Act, sponsored by the Department of Justice, has been referred to the Standing Committee on Government Operations for review. The bill proposes to:

  • Consolidate the Office of the Human Rights Commission and the Office of the Director of Human Rights into a single agency called the Human Rights Commission;
  • Clarify the public interest mandate of the commission and provide for the carriage of complaints at hearing by the commission, in recognition of this public interest mandate;
  • Provide that restorative principles are to be applied to human rights protections and processes in the Northwest Territories;
  • Make changes to the operation of the Human Rights Adjudication Panel, including giving adjudicators the ability to use practices and procedures for resolving complaints that are different from those in traditional adversarial processes;
  • Add gender expression as a prohibited ground of discrimination to expand upon and clarify the grounds of sexual orientation and gender identity for which discrimination is already prohibited under the act;
  • Remove the offence and punishment provisions of the act, in recognition of the shift to a restorative process; and
  • Bring the amendments into force annually over a three-year period, from 2019 to 2021.

Background

Comprehensive Review

The Northwest Territories' Human Rights Act received assent in 2002 and came into force in 2004.

In 2014, to mark the 10-year anniversary of the act's proclamation, the Human Rights Commission ("the commission") undertook a review of the human rights system in the Northwest Territories, which included a review of the system's governing legislation, the Human Rights Act. The commission contracted a team of experts, with an extensive background in the areas of Canadian constitutional and human rights legislation, to carry out the review.

The recommendations of the Comprehensive Review Team were set out in a report titled "Northwest Territories Human Rights Act Comprehensive Review: A review and analysis of human rights promotion and protection in the Northwest Territories," which was tabled in the Legislative Assembly on October 7, 2015.

The review report made a number of findings, including that:

  • the complaint process is over-legalized, which creates a serious barrier for members of the public to access justice;
  • the organizational structure is unnecessarily complex;
  • the threshold for referral of complaints to the Human Rights Adjudication Panel is too low to allow the director to properly screen complaints;
  • outreach and services to communities outside Yellowknife is limited; and
  • the current focus on individual complaints makes it difficult to effect systemic and institutional changes.

The report recommended that:

  • the commission adopt a restorative approach to all human rights work, encouraging all of those who are affected to be involved in resolving the issues giving rise to a complaint;
  • the commission and the director's office be amalgamated into a single agency and that, in addition to the work that it already does with respect to the promotion of human rights, the commission be given responsibility for determining whether complaints should be dismissed or referred to the adjudication panel;
  • the screening threshold be raised by amending the act to allow the commission to refer, for hearing by the adjudication panel, only those cases having merit and raising significant issues of discrimination; and
  • the commission be empowered to identify and address systemic discrimination by moving from an adversarial and highly legalized process focusing on individual complaints to one that fosters a culture of diversity and inclusion by identifying and prioritizing pervasive issues of discrimination in the Northwest Territories.

The three agencies that currently make up the Human Rights Commission, the commission, the Office of the Director, and the adjudication panel, supported the overall findings of the review and developed a plan to implement the recommended changes. This work was captured in a report called "Moving Forward: Implementing the Recommendations of the 2015 Comprehensive Review of Human Rights in the NWT," which was also tabled in the Legislative Assembly on October 7, 2015.

Upon completion of the comprehensive review and the implementation plan, the Human Rights Commission began to make changes to move towards a more restorative human rights system in the Northwest Territories.

Through its reviews of the commission's annual reports, the standing committee has been kept apprised of this work, which has included training for staff on the principles of restorative justice. The commission has also hosted workshops and events, in concert with its partnership organizations, to promote restorative approaches. As this work has proceeded, so too has the work to develop amendments to the Northwest Territories' human rights legislation.

I will now turn the reading over to the honourable Member for Nunakput.

The Speaker

The Speaker Jackson Lafferty

Member for Nunakput

Herbert Nakimayak

Herbert Nakimayak Nunakput

Thank you, Mr. Speaker.

Legislative Change

The Human Rights Act differs from most territorial legislation in a key respect. While most statutes provide that a Cabinet Minister is responsible for the act's administration, the Human Rights Act provides that the Human Rights Commission is responsible to the Legislative Assembly for the administration of the act.

Consequently, amendments to the Human Rights Act necessitate a high degree of collaboration between the commission, having administrative responsibility under the legislation; the Department of Justice, as the sponsor of the bill; and the Office of the Clerk of the Legislative Assembly, which has responsibility for the oversight of the territory's statutory officers, including the Human Rights Commission.

Committee wishes to acknowledge the cooperative effort that went into the development of Bill 30. In its review, committee has remained mindful of this work and respectful of the commission's objective of moving towards a more restorative human rights system. Committee also gave careful consideration in particular to two issues raised in the development of the bill, for which the Department of Justice and the Human Rights Commission had differing views.

These are:

  • That the act should be amended to prohibit discrimination on the basis of genetic characteristics; and
  • That the act should be amended to prohibit discrimination on the basis of an unrelated criminal charge or conviction.

Committee's input on these matters is addressed further on in this report.

Bill 30 received second reading in the Legislative Assembly on October 1, 2018, and was referred to the Standing Committee on Government Operations for review.

The Public Review of Bill 30

To commence its review of Bill 30, the committee sent letters inviting input from stakeholders, including all municipal and Indigenous governments in the Northwest Territories and a number of non-governmental organizations.

During the week of January 21, 2019, the committee travelled to and held public meetings on Bill 30 in Fort Smith, Inuvik, and Fort McPherson. A final public hearing was held in Yellowknife on February 5, 2019. Committee thanks everyone who attended these meetings or provided written submissions to the committee sharing their views on Bill 30.

What We Heard

In a presentation to the committee at its Yellowknife public hearing, Mr. Charles Dent, chair of the Human Rights Commission, and Ms. Deborah McLeod, director of Human Rights, indicated the commission's support for the amendments proposed in Bill 30. They further noted that the commission previously brought forward genetic discrimination and unrelated criminal conviction as potential prohibited grounds for discrimination under the act. They indicated that "the commission would like to see these grounds added as an amendment to Bill 30 if there is agreement to do so," but noted that they would not want to see passage of the legislation delayed as a result.

In a written submission, Alternatives North, a Northwest Territories-based social justice coalition, expressed its support for the amendments being proposed to the Human Rights Act. Their letter noted that:

"Previously, complainants were responsible for presenting their evidence in a formal and legal type process, a difficult task for many to accomplish, especially in instances where respondents with access to more financial resources were represented by legal counsel. The change to a restorative process for addressing human rights complaints will address unequal power dynamics, result in a less confrontational approach and offer more support to complainants."

Alternatives North recommended an evaluation framework, including both "an Indigenous lens and a gender-based analysis," in order to measure the effectiveness of the change to a more restorative approach. As well, they noted the importance of developing plain-language communication tools to explain the principles and practices of a restorative process, and the orientation and continued training related to cultural competency for commission staff and any contracted agencies.

In each of the smaller communities to which the committee travelled, committee heard support for the inclusion of genetic characteristics as a prohibited ground of discrimination under the act. Mr. Mike Keizer, a Parks Canada employee from Fort Smith, expressed his support for prohibiting discrimination on the basis of genetic characteristics. So did Ms. Lauraine Armstrong, also of Fort Smith, who noted that the fear of being discriminated against might serve as a deterrent to some people getting genetic testing that could help improve their lives. Mr. Richard Nerysoo, of Fort McPherson, told the committee that prohibiting discrimination on the basis of genetic characteristics "is a good thing to pursue," but offered the view that prohibiting discrimination on the basis of an unrelated criminal charge or conviction could be more challenging to implement.

During the review period, committee also received a written submission from the Human Rights Adjudication Panel suggesting technical amendments to improve Bill 30.

Mr. Speaker, I would like to pass this report to the honourable Member for Sahtu. Thank you, Mr. Speaker.

The Speaker

The Speaker Jackson Lafferty

Member for Sahtu.

Daniel McNeely

Daniel McNeely Sahtu

What We Did

Proposal to Prohibit Discrimination on the Basis of Genetic Characteristics

Discrimination on the basis of genetic characteristics occurs when a person is treated differently in employment, in the provision of goods or services, or in tenancy on the basis of their specific genetic information, without bona fide and reasonable justification.

Committee researched the proposal to amend the Northwest Territories Human Rights Act to prohibit discrimination on the basis of a person's genetic characteristics. Committee learned that, in the intervening period since the work started on Bill 30, federal Bill S-201: Genetic Non-discrimination Act received royal assent on May 4, 2017. This bill amended the Canadian Human Rights Act to prohibit discrimination on the ground of genetic characteristics. It also amended the Canada Labour Code to protect employees from being required to undergo or to disclose the results of a genetic test, and to provide employees with other protections related to genetic testing and test results.

Committee also learned that, with the passage of the federal legislation, Canada became the last of the G7 countries to pass such legislation. In the United States, the Genetic Information Non-Discrimination Act, which protects people from genetic discrimination in health insurance and employment, was passed in 2008.

With the advent of consumer genetic testing companies, access to genetic information is becoming more commonplace. Fear of discrimination is a common concern among people considering genetic testing. In its public hearings, committee heard that residents of the Northwest Territories want to be protected from discrimination on the basis of genetic characteristics so that they can get genetic testing to help identify health risks and take preventive measures without fear of reprisal. Accordingly, committee moved motion 1 to amend Bill 30 to include genetic characteristics as a prohibited ground of discrimination.

Proposal to Prohibit Discrimination on the Basis of an Unrelated Criminal Charge or Conviction

The act currently prohibits discrimination on the grounds of a "conviction that is subject to a pardon or record of suspension." The proposal to prohibit discrimination on the basis of an unrelated criminal charge or conviction would extend this protection.

Committee heard from the Human Rights Commission that its support for this change to the act is based on concerns it has heard from residents of the Northwest Territories who have been prevented from pursuing certain employment opportunities because of an unrelated criminal charge or conviction. The commission argued that this proposal merited consideration, given social conditions in the North, including high conviction rates and systemic barriers to housing, services, and employment. The commission further noted that the prohibitive objectives of the act would be met by this proposal.

As admirable as the objectives of the proposal are, committee supports the decision of the Department of Justice to exclude it from Bill 30. The proposed amendment would require employers or service providers, such as landlords, to look at a person's record of offences and consider whether the offence that is the subject of a criminal charge or conviction would have a negative effect on the person's ability to do the job or would pose a risk to others in the delivery of housing or other services.

The committee agrees that this would impose unreasonable risks and constraints on employers and service providers. It could also raise concerns about liability and safety should an individual with a criminal record re-offend in their work capacity or with respect to the services they are receiving. Committee's decision is also based on the fact that, during the public consultation, committee heard little support for the proposal and in fact heard cautions against it.

At this point, I will pass on reading to the honourable Member for Deh Cho.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Deh Cho.

Michael Nadli

Michael Nadli Deh Cho

Mahsi, Mr. Speaker.

Proposal to Remove Offence and Punishment Provisions

Clause 25 of Bill 30 proposes to repeal the offence and punishment provisions of the act, replacing them with a provision providing that anyone who contravenes section 15 or subsection 40(1) is guilty of an offence. However, clause 25 does not specify any penalties for the offences set out in these two sections of the act.

During the public hearing, the Human Rights Commission indicated its support for the removal of penalties specified in this section of the act, arguing that they are not consistent with a restorative approach to the adjudication of human rights complaints; the commission does not use those provisions; and that other human rights acts in Canada do not contain penalty provisions.

Committee reviewed the human rights acts of 11 provinces and territories. Of these, Committee found that 10 contain penalty provisions. Only British Columbia's Human Rights Code does not.

It is the committee's view that, generally, the various acts distinguish between the remedies that may be ordered or imposed by the body adjudicating human rights complaints, as distinguished from process-related offences under the act for which fines can be imposed by the courts.

Remedies are largely directed at compensating and restoring the dignity of the individual whose human rights have been infringed, or requiring remedial activities on the part of the violator to prevent similar infractions in the future. In such instances, offences often occur because the person or organization was unaware of their obligations under the act.

Committee believes that the restorative approach is most appropriately exercised through the remedial actions that may be ordered by the commission or adjudication panel in the process of resolving a human rights complaint. In these cases, the offences and penalties set out under subsection 72(1) of the act are not required, as the appropriate remedies will be determined through the commission's restorative justice processes, including mediation, or by the adjudication panel in accordance with its authority under the act. Therefore, committee agrees with the removal of subsection 72(1).

In contrast, section 15 and subsection 40(1) prohibit actions by those who attempt to thwart the authority or operations of the act by wilfully refusing to comply with direction under the act or by engaging in deceitful, fraudulent, or intimidating behaviours related to activities governed by the act.

Committee cannot support the removal of the penalties specified for these offences as this would deprive the courts and, by extension, individuals who have been wronged of the opportunity to punish unlawful behaviour that is wilful, deliberate, and thus not as likely to be made better by restorative measures. Accordingly, committee moved Motion 7 to amend Clause 25 to repeal subsection 72(1) and to retain subsection 72(2).

Power of the Adjudication Panel

Subsection 62(3) of the act sets out what remedies an adjudicator may include in a remedial order where there is a finding that a human rights complaint has merit. Clause 24 of Bill 30 proposes to amend this section to broaden the adjudicator's power to "do anything the adjudicator considers that the party ought to do to promote compliance with this act, including with respect to future practices."

Committee is concerned that this proposal is too broad. It allows the adjudicator to order a person or organization that has been found to have violated a complainant's human rights to do anything the adjudicator thinks necessary to ensure future compliance with the act, potentially going beyond the particular grounds of discrimination dealt with by the adjudicator in the complaint being adjudicated. Committee expressed the concern that this language was too permissive and could result in over-reach by the adjudication panel.

Accordingly, committee moved Motion 6 to amend Clause 24 to restrict the proposed power of the adjudication panel such that it may only order remedies that may prevent future contraventions that are the same as or similar to the contravention that is the subject of the adjudication.

Mr. Speaker, I now pass the reading of this section to honourable Member for Hay River North.

The Speaker

The Speaker Jackson Lafferty

Masi. Member for Hay River North.