AMENDMENTS
Committee put forward three motions to amend Bill 2. These are included in Appendix C of this report.
Motions 1 and 2
Clauses 7(4) and (5), and 8(3) and (4) of Bill 2 as proposed required a justice to consider any information that suggests a person may not want to be found in determining whether to issue a record access order and search order. As mentioned earlier in this report, RCMP have noted to committee that regardless of the circumstance of somebody's disappearance, RCMP are required to ascertain a missing person's well-being. There was concern that including these clauses may cause disruption or confusion for RCMP when they are required to search and ascertain a missing person. Committee also heard feedback from non-profit organizations in ensuring that RCMP and justice's approach to missing persons cases are trauma-informed when considering the dynamics and circumstances of a person's disappearance.
Committee therefore moved to amend Clauses 7(4) and (5), and 8(3) and (4) and replace them with clauses that allow for these considerations to take place within the terms of the orders. Both motions were carried during the clause-by-clause review with the Minister's concurrence.
Motion 3.
Clause 9(4) as proposed required the RCMP to consider any information that suggests that a missing person may not want to be located when determining whether to make an emergency demand. Committee recognizes the requirements of the RCMP as well as the importance of ensuring that processes related to missing person investigations are trauma-informed and consider whether a person has left or is attempting to leave a violent or abusive situation, for example.
As such, committee therefore moved to delete Clause 9(4) and made the following recommendation (Recommendation 8), and emphasized that trauma-informed training is factored in with Recommendation 2 of this report. The motion was carried during the clause-by-clause review with the Minister's concurrence.
Recommendation 8: The Standing Committee on Social Development recommends the Government of the Northwest Territories incorporate the consideration of information that suggests that a missing person may not want to be located in the development of the regulations for the Missing Persons Act.
CONCLUSION
On May 28th , 2024, committee held a clause-by-clause review. Committee passed a motion to report Bill 2, as amended, to the Legislative Assembly as ready for consideration in Committee of the Whole.
This concludes the Standing Committee on Social Development's review of Bill 2.
Recommendation 9: The Standing Committee on Social Development recommends the Government of the Northwest Territories provide a response to this report within 120 days.
Thank you, Mr. Speaker.