This Hansard has not been finalized - this is the "Blues" in Parliamentary speak, or unedited transcript in regular speak.

This Hansard is the unedited transcript and will be replaced by the final copy soon (generally within 5 business days). In the meantime, direct quotes should not be used, when the final is published it will seamlessly replace this unedited copy and any existing links should still work.

This is from the 20th Assembly, 1st 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 know.

Topics

Member's Statement 232-20(1): Income Assistance - Productive Choices
Members' Statements

Robert Hawkins

Robert Hawkins Yellowknife Centre

Thank you, Mr. Speaker. Like my colleagues, I want to talk about income assistance today. I sometimes I see it as dependence versus transition to independence. I read on the internet the other day, it said welfare dependency can be defined as a state in which person or a household is reliant on government's benefits or further income for a prolonged period of time, Mr. Speaker, and without which, they cannot manage or sustain their daily living.

Mr. Speaker, how does the department transition families from dependency to programs to independencies? I worry that the cornerstone of hope is really their plan. I don't see a graduated scale we're inspiring people to stand on their own, even with our support. You know, work instills pride, very fundamental to being a human being. A place in society that has accountability but also a sense of accomplishment leads towards healthy living. It's not a perfect path, Mr. Speaker, but it is one that does show the greatness of being human.

Being stuck on income support is a tough experience, Mr. Speaker. I know many; I have spoken to many over the years; and no one feels as if it's the best spot for them but they are trapped in that cycle of dependency. You know, income support sometimes can be viewed as, or income assistance can be viewed as the back dooring of a universal basic-basic, very basic income. It's barely enough to get by. So how do we get people on their feet? We don't know.

We eliminated the cycle of productive choices, so yet we have people in these dependency cycles and yet when we say where the system is changing and people are getting off income support, I wonder why. Is it because they stopped filing their paperwork? Did they not qualify that month? Or did they get a job and find their own way? I don't know, and I'd like to know if the department has any idea.

Again, when I talk to people on income assistance, I hear depression, anxiety, and frustration. They want to do more, they want to be more, and they can be more, Mr. Speaker, and yet we have to find a way.

Mr. Speaker, in closing, I want to stress that the department needs to enable productive choices, get people back on their feet, let the government support them. There's no shame in giving more to those who do shoot for independence because at the end of the day isn't that our goal, to ensure that we have healthy families, independent people contributing to a northern society for one and all? Thank you, Mr. Speaker.

Member's Statement 232-20(1): Income Assistance - Productive Choices
Members' Statements

The Speaker

The Speaker Shane Thompson

Thank you, Member from Yellowknife Centre. Members' statements. Member from Hay River South.

Member's Statement 233-20(1): Hay River Track and Field 2024
Members' Statements

Vince McKay

Vince McKay Hay River South

Thank you, Mr. Speaker. This week, actually starting tomorrow, from June 5th to 7th marks the 30th Annual Northwest Territories Track and Field Championships in Hay River. And I know this might come to a bit of a surprise to most of you; however, I will not be there participating as an athlete. It's been a long road, and it's been a long five years since the last track and field events were held because of COVID-19 and natural disasters, this annual tradition finally returns. If you're from Hay River, you know how significant this event is and how deeply the community is involved. It takes hundreds of volunteer hours and immense dedication to put this together. The community's commitment shines when over 900 athletes will show up this year to compete. If you've been an athlete over the past 30 years, you likely have fond memories of this trip and this event.

I want to take the time to congratulate the track and field committee on organizing this year's event and all the hard work done in its previous two years despite the disasters that prevented this event from happening. Thanks to your dedication, the field will once again be filled this year with young athletes from the Northwest Territories. This commitment deserves acknowledgement.

To the athletes attending this event, I hope you enjoy our community and all it has to offer. Though I am saddened I will be away this year and not able to volunteer, I am delighted to know that this event will be another success with many young athletes making memories and breaking records. Have fun this week, and good luck to all the athletes. Once again, thank you to all the volunteers, athletes, and sponsors of the NWT Track and Field Championships in Hay River. Thank you, Mr. Speaker.

Member's Statement 233-20(1): Hay River Track and Field 2024
Members' Statements

The Speaker

The Speaker Shane Thompson

Thank you, Member from Hay River South. Members' statements.

Member's Statement 234-20(1): Willem Kanigan, 2024 Youth Parliamentarian
Members' Statements

June 4th, 2024

Shane Thompson

Shane Thompson Nahendeh

Colleagues, during the youth parliament, the Member from the Deh Cho, Willem Kanigan, did a Member's statement on the issue of lack of maintenance and pavement of the all-season highway that connected Fort Simpson to Fort Liard. I would like to share it here today.

A concern that many of the residents of the Deh Cho region have raised to me is the condition of the route that connects Fort Simpson to other communities during all times of year.

The road that links Fort Simpson to Fort Liard is extremely difficult to navigate during many of the winter months due to snow build-up and icy conditions along the road. This highway is vital to many people in the Deh Cho region and acts as a lifeline to them. Constituents and their family use this highway to get supplies and for personal use, and unsafe road conditions impede their way of life.

At this moment, the road that connects Fort Simpson to Fort Liard is, for the most part, a gravel road with only a 70-kilometre section out of the 393 kilometers being paved.
Many locals have voiced concerns about the road and the challenges it poses to them during the winter months and throughout the year, and I believe that the only way to fully remedy this issue would be to better maintain or to pave the Fort Liard Highway. For these reasons, he will ask the Minister of Infrastructure to allocate additional funds towards maintenance of the highway between Fort Simpson and Fort Liard or to give additional funding towards paving the highway to improve road conditions year-round. The conditions of the road that connects Fort Simpson to Fort Liard are extremely challenging during the winter months due to icy conditions, snow buildup, and the fact of the road not being paved. These conditions pose a difficulty to many residents of the Deh Cho region.

He asked the Minister of Infrastructure to allocate additional spending on the maintenance of the road or pave the road as this would resolve the issue completely.
I would like to thank the Youth Member for this statement and allow me to share it with you here today.

Colleagues, I think that Member may have seen some of my Member's statements in the past, so I have to say thank you very much for doing it.

Members' statements. Recognition of visitors in the gallery. Member for Hay River North.

Recognition Of Visitors In The Gallery
Recognition Of Visitors In The Gallery

R.J. Simpson

R.J. Simpson Hay River North

Thank you, Mr. Speaker. I want to recognize one of my constituents, Ms. Colette Langlois, the current ombud of Northwest Territories, and I want to thank her for her service and for establishing the Office of the Ombud in Hay River. Thank you, Mr. Speaker.

Recognition Of Visitors In The Gallery
Recognition Of Visitors In The Gallery

The Speaker

The Speaker Shane Thompson

Thank you, Member from Hay River North. Recognition of visitors in the gallery.

Replies to the Budget Address, Day 6 of 7. Member from Great Slave.

Reply 5-20(1): Reply by Ms. Reid
Replies To The Budget Address

Kate Reid

Kate Reid Great Slave

Thank you, Mr. Speaker. There's a quote I saw online recently that I can unfortunately not attribute but it doesn't diminish its truth. Quote, "The role of a politician is not to get into power. The role of a politician is to act as a steward and caretaker for our society, to manage society for the betterment of all of us."

That quote sums up why I am here today. I want to help provide the direction that leads to the betterment of all of us in the NWT. But the job of governing "better" seemingly gets harder by the day, week, year, and decade. Some of it simply is that all the problems feel like too much. Disasters and catastrophes, both of nature and those driven by people and their desire for power, feel amplified more and more in this century.

As a millennial, I can confidently say that my generation is bone-tired of living through unprecedented situations. To us, unprecedented doesn't really mean anything anymore. It's just another Tuesday. And so many days feel like just going through the motions to find enough money to scrape together for housing, food, and basic needs. But, Mr. Speaker, despite it all, or perhaps even because of it, I have hope. I'm here to try and lead with my heart and compassion, balanced with evidence-based decision-making. I'm here to remind the government of its core mission: To always focus on lifting up the people of the Northwest Territories by choosing programs and policies that make sense, by responding effectively to what people tell government that they need, and not acting simply in lip service.

I'm here to listen to my colleagues, especially those with lived experiences different than mine, and understand the hardships that their constituents face across the territory.

I do believe that everyone in this room, on both sides of the floor, would agree with the key tenet of leading with compassion. I think that intent was clear when we collectively set out priorities of the 20th Assembly that focused on fundamental human needs. The 19 elected representatives in this room could all agree on:

  • Sustainability,
  • Accessibility and affordability of housing,
  • A strong economic foundation,
  • Access to health care and addressing the effects of trauma, and
  • Safe residents and communities.

But I'd argue that right now the roadmap getting us from today to the Premier's vision of the NWT 50 years from now is a bit tenuous.

As a first-time MLA but a long-time political nerd, I understand how the pieces of the nesting doll- the priorities, the mandate, the business plan, and the budget - fit together to create the agenda for each government. But when I look at our first efforts to create an agenda of our own by passing our shared priorities through this process, it starts to look like we're playing a game of telephone. Rather than translating our priorities into a plan that will create meaningful results for our NWT residents, we have produced a largely status quo budget.

While this is disappointing, I recognize that this is partly a function of how the puzzle pieces come together to create the plan. It's hard to be nimble and quick in our system of governance, and I'm prepared to give the Premier and Cabinet the benefit of the doubt as we go through the current budget debate.

I can understand why this budget is status quo, Mr. Speaker. The increasing pressures on government spending and growing debt are discouraging constraints that have to inform and influence the plans that we're making. But I'm still frustrated by the lack of substance behind the promise to do better in the three and half short years that we have left together. So I'm going to speak mainly in broad strokes, Mr. Speaker. It's imperative from my perspective that the budgets of the 20th Assembly need to both meet our challenges in the here and now but also align with the needs of the future. I think we may have started down the right path from a debt perspective but perhaps not as fully in other ways. I will always ask Cabinet to impress upon the GNWT to consider paths forward that are proactive instead of reactive.

One such proactive concept, the Government Renewal Initiative, or GRI, began as an exciting concept. In 2020, the Minister of Finance said, "The Department of Finance is planning to shift the way our budget is developed. The Government Renewal Initiative will rely on value-driven budgeting principles to review GNWT programs and services, department by department, and allocate resources to areas that are most critical and valuable to residents.

Value-based budgeting, also known as priority-based budgeting, is both the idea that underlies the building of the budget as well as the method. It's founded on the commonsense idea that government financial resources should be allocated based on how effectively programs and services give value to residents.

We now hear from the Department of Finance that GRI is shifting its focus to evaluation since program inventories for the GNWT are complete. This is fine as an evolutionary growth in the initiative, but it concerns me deeply as the GNWT's internal capacity for formal evaluation is limited.

A truly robust program evaluation takes, on average, about 12 to 18 months. How many hundreds of people years are we behind in knowing what programs are effective and a good use of our dollars? While we lag behind on knowing the true value of many of our investments in programs and services, I'm concerned that we aren't making the best decisions of what is truly the fat that can be cut. Instead, we're told vacant positions might be a solution but feedback from constituents has shown that isn't necessarily the case. In turn, leading to frustration and rallies outside of this House, as recently as last week. I commend the Minister of Finance for going to the public service to ask for commonsense solutions to bringing budgets in check with the realities of what we have to spend. $1800 suggestions is a fantastic start, Mr. Speaker.

I fully believe that many more cost savings can be found that do not cut positions or impede or cut programs and services that residents rely on. At the same time, we need to make sure that we do not fall into the trap of making cost savings the primary measure of this Assembly's success. Fiscal sustainability certainly matters but it is a measure of administrative success, of an organization's ability to use its funds efficiently. If we want to be successful as an Assembly, we need to do much more than simply use our resources efficiently. We need to use our resources to produce meaningful results for the people of the NWT.

Financial debt is not the only debt the government should be thinking about. We should also be thinking about debts in education, shelter, and health and wellness, that often don't get measured simply because they do not show up clearly in the main estimates. It is these human debts that NWT residents experience directly in their lives and which this Assembly should be addressing as its primary focus. To do this, we need to have a fundamentally different discussion about how we allocate and use the government's financial resources.

The challenges NWT residents need us to address are persistent and longstanding. Making meaningful progress on them may well require an extraordinary and potentially inefficient investment that we need to be prepared to talk about. We also need to be prepared to consider whether or not the current distribution of resources among departments is truly contributing to achieve those results or is simply maintaining the administrative status quo.

I believe that this kind of fundamental shift in how government resources are allocated is the true promise of GRI, but we aren't there quite yet. Finding administrative efficiencies and cost savings is a step in the right direction, but we can't stop there. We need to have the collective political courage to put our convictions and principles into action by fundamentally altering the way future budgets get made and government resources get allocated. I recognize this work will take time, and I'm willing to wait until next year's budget to see this initiative bear fruit.

It's imperative to align budgets with the challenges of the future. I hope that everyone here today can now fully embrace the fact that climate change is the existential threat of our lifetime and being well prepared means doing business differently in so many ways. It's a monumental task to shift the culture of government from reactive to proactive, Mr. Speaker. For my part, I am going to do my best to learn what I can about change management in my time as a Member.

I also appreciate that Cabinet has hard decisions to make every day to balance the wellness of our territory now to where it could be in five, ten, or fifty years from now. I ask for Cabinet to define their leadership by embracing and welcoming letting go of ways of doing things that no longer serve us. The conversations that I have had with this Cabinet give me a great deal of hope on this front.

We point to reconciliation a great deal throughout how we plan to move forward in partnership with Indigenous leadership, but I believe we need to look beyond to a future where we have decolonized government and truly work in partnership. The systems of government that we have were built by people, and we can deconstruct them and put them back together however we want. Nothing is stopping us except for our imaginations. The implementation of the UN Declaration on the Rights of Indigenous Peoples has to be much, much more encompassing than just a statement of consistency in our legislation going forward. I eagerly look forward to the action plan and the priorities for change set out by Indigenous governments and Indigenous organizations in partnership with the GNWT. I think this is an excellent opportunity for our public government to continue to work differently and better than we have before in all ways that we legislate and deliver services. That conversation excites and invigorates me, Mr. Speaker. This conversation is one I continue to ask for throughout our term, and I am certain the Premier will get tired of me buzzing in his ear, and that's okay.

When stakeholders from all backgrounds and points of advocacy ask us to pull in one direction, we must all put that into action. I genuinely hope that the Premier visits every riding and sees the inequity my colleagues from smaller communities speak to every day. I hope that he visits some of the rentals in my riding that showcase that there are stark differences in what Yellowknife looks like depending on what opportunities you have access to. I hope he sees firsthand the youth who struggle for purpose in systems that fail them, that he sees that artists who yearn to share their creations but have fleetingly few avenues to do so, that he sees the folks who want to be deeply rooted in their relationship with the land but can't afford the gas for their sled to go harvest. Perhaps we can't solve everything all at once, but we can make meaningful changes in these three and half short years that inspire hope, Mr. Speaker.

I will not lose an opportunity to speak to the fact that in the four-year business plan, the GNWT has noted that the Residential Tenancies Act is up for review and possibly amendments in the life of this government. I was horrified to have the media reach out to me this past weekend to tell me that residents in my constituency had faced a 150 percent rent hike, Mr. Speaker, which is essentially a backdoor to eviction. We can't continue to allow things like this to happen to residents when it is very much in our power to change the law, Mr. Speaker. We can take decisive action and make life better for so many.

What good governance looks like for me and what it looks like for my fellow colleagues may be different in execution, but I genuinely believe that after getting to know my colleagues these past few months is that we are all asking for us not to forget those of our territory with the least. 70 percent of this territory had a collective trauma of evacuation, and the disparity of how that evacuation played out aligns all too closely with the disparity of income and opportunity for too many of us, Mr. Speaker. I really wish we would stop speaking about resiliency as if it is a compliment. We need to stop commending people for being resilient and instead redesign the systems that we operate in that make people suffer.

One final note, Mr. Speaker. During my campaign, I knocked on the door of an educator who works at the Kaw Tay Whee School in Dettah. She told me in no uncertain terms that her school kids will be coming for my job if I was elected, and I told her that was fantastic because it is. More than anything, I want to leave this House, the GNWT, and the territory better than I found it for those kids in Dettah who are coming for my job and will be governing sooner rather than later, Mr. Speaker. They deserve our best work today and every day until the end of our term in 2027. Thank you.

Reply 5-20(1): Reply by Ms. Reid
Replies To The Budget Address

The Speaker

The Speaker Shane Thompson

Thank you, Member from Great Slave. Replies to Budget Address, Day 6 of 7. Reports of committees on the review of bills. Member from Monfwi.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

Jane Weyallon Armstrong

Jane Weyallon Armstrong Monfwi

Thank you, Mr. Speaker. Reports of committees on the review of bills. Mr. Speaker, your committee would like to report on its consideration of Bill 2, Missing Persons Act.

Bill 2 received second reading in the Legislative Assembly on February 26, 2024, and was referred to the Standing Committee on Social Development for review. Throughout the committee's review, the committee received five written submissions and held three public hearings in the communities of Yellowknife, Aklavik, and Inuvik where over 55 people attended overall. The committee also heard from the Minister of Justice and the Royal Canadian Mounted Police during its review. The committee heard evidence to support the amendment of three clauses to balance the expediency required by the police and the privacy of those who may be fleeing an abusive situation. The committee brought forward these amendments in its clause-by-clause review on May 28, 2024, and the Minister of Justice concurred with all three motions.

Mr. Speaker, the committee reports that Bill 2, Missing Persons Act, is ready for consideration in Committee of the Whole as amended and reprinted. Thank you, Mr. Speaker.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

The Speaker

The Speaker Shane Thompson

Bill 2 stands referred to Committee of the Whole. Reports of standing and special committees on the review of bills. Member from Monfwi.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

Jane Weyallon Armstrong

Jane Weyallon Armstrong Monfwi

Mr. Speaker, your Standing Committee on Social Development is pleased to provide its Report on Bill 2, Missing Persons Act and commends it to the House.

Mr. Speaker, report on Bill 2, Missing Persons Act.

A MESSAGE TO THE FAMILIES OF MISSING PEOPLE

Thank you to the families of missing people that spoke courageously on their thoughts and experiences with the Standing Committee on Social Development. Committee's thoughts are with the family and friends who have experienced the disappearance of a loved one.

RESOURCES AVAILABLE

Committee acknowledges that subject material related to Bill 2 is very challenging for many families across the Northwest Territories. Committee has included resources available for those experiencing the disappearance of a loved one and/or domestic violence, which can be found in Appendix A.

INTRODUCTION AND BACKGROUND

Bill 2, Missing Persons Act, is intended to assist the Royal Canadian Mounted Police in locating a missing person in the absence of a criminal investigation. The intent of the Missing Persons legislation will provide the RCMP with additional mechanisms to investigate Missing Persons cases in the Northwest Territories. These additional mechanisms will allow RCMP to move more quickly in investigations to locate missing persons when there is no evidence of criminal activity.

In May 2021, the Executive Council directed the Department of Justice to develop Missing Persons legislation in response to Missing and Murdered Indigenous Women and Girls Call for Justice 5.8. MMIWG Call for Justice 5.8 calls for all provinces and territories to enact Missing Persons legislation. The Government of the Northwest Territories made a commitment in "Changing Relationship: Draft Action Plan in Response to the Calls for Justice on Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People" to develop this legislation in response to MMIWG Call for Justice 5.8.

A What We Heard report on the drafting of Missing Persons legislation was tabled by the Minister of Justice in July 2023. The Minister of Justice brought Bill 2 forward to the House in the February 2024 Sitting of the 20th Legislative Assembly.

Bill 2, Missing Persons Act received second reading on February 26, 2024, and was referred to the Standing Committee on Social Development for review.

This report summarizes committee's review of Bill 2, starting with our engagement with the GNWT, the RCMP, and the public. This report also describes committee's efforts to review and strengthen Bill 2, including three motions to amend the bill - all of which were adopted at the clause-by-clause review - and nine recommendations.

Mr. Speaker, I would like to pass it off to the Member for Mackenzie Delta. Thank you.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

The Speaker

The Speaker Shane Thompson

Thank you, Member from Monfwi. Member from Mackenzie Delta.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

George Nerysoo

George Nerysoo Mackenzie Delta

Thank you, Mr. Speaker.

PUBLIC ENGAGEMENT

On March 25, 2024, committee received a public briefing from the Minister and his staff on Bill 2. The Minister's presentation is included in Appendix B.

Between March 2024 to April 2024, committee engaged the public. Committee hosted four public meetings in Inuuvik, Aklavik, and Yellowknife-Sombak'e. There were two public meetings held in Yellowknife-Sombak'e one of which was with the RCMP and the other was with the public. A total of 55 people attended committee's public meetings.

Committee also sought written submissions on Bill 2. We sent nine targeted engagement letters to non-profit organizations. Committee received written submissions and presentations from:

  • Salvation Army - Yellowknife
  • Northwest Territories Disabilities Council
  • YWCA Northwest Territories
  • Northwest Territories Status of Women Council
  • Royal Canadian Mounted Police - G Division.

These submissions and presentations are also included in Appendix B.

Committee appreciates everyone who offered their feedback at public meetings and in written submissions. Committee is especially appreciative for the family and friends of missing persons who provided their thoughts and feedback on Bill 2 and missing persons cases in the NWT. All participants welcomed Bill 2 as a positive and needed step in helping to solve missing persons cases in the NWT. Participants offered thoughtful ideas to improve the bill and feedback on key areas that relate to missing persons.

Committee categorized public comments received into ten themes.

1. Traditional knowledge, Indigenous leadership, and cultural safety

Community feedback brought up the need for Indigenous leadership to be consulted and involved when dealing with missing persons cases, specifically the inclusion of traditional knowledge during search and rescue operations. There was public feedback on the inclusion of Indigenous leadership when the families of missing persons are communicating with the authorities. It was noted that families would be more comfortable talking to their own people as they may feel intimidated by the RCMP and local authority. Public comments stated that the involvement of Indigenous leadership could be on a case-by-case basis.

There were public concerns on the deflection of responsibility or unknown responsibility for search and rescue operations in communities. A question arose regarding how we can better act when a person goes missing and how we can learn to operationalize search and rescue in smaller communities.

Committee noted these concerns which highlighted the necessity for policy work to include Indigenous people in missing persons cases and search and rescue, especially due to high rates of missing persons cases in the NWT being Indigenous peoples. Committee therefore recommends:

Recommendation 1: The Standing Committee on Social Development recommends the Government of the Northwest Territories work with Indigenous governments and the Royal Canadian Mounted Police to establish a committee of local and community Indigenous leaders when a missing persons investigation is underway to aid with search and rescue operations, include the involvement of traditional knowledge and facilitate communication with the affected family and loved ones.

There were concerns raised by community members on the RCMP remaining culturally responsible when dealing with missing persons cases, especially in the case of individuals fleeing domestic violence and who may not want to be found.

There were also concerns regarding the impact of RCMP attempting to enter a family violence or support shelter without permission or reasonable explanation. For the YWCA-NWT, it is currently policy to deny RCMP access to their family violence shelter unless there are exceptional circumstances warranting their entry such as threats to the health and safety of clients or staff. The YWCA-NWT encourages meaningful engagement and communication from the RCMP with their shelter and frontline workers - as the shelter's primary concern is to advocate for their clients and their safety.

Committee sought clarity on cultural and trauma-informed training for the RCMP, and it was confirmed that they do have specific training to conduct missing persons investigations that is mandatory for all RCMP members of the G Division to participate. There is other training as well for RCMP to ensure there is a trauma-informed and culturally sensitive approach to their work.

Committee hears these concerns and presents the following recommendation to ensure that trauma-informed approaches are of the utmost importance to and practiced by the RCMP and justices when investigating missing persons cases and issuing search orders and record orders:

Recommendation 2: The Standing Committee on Social Development recommends the Government of the Northwest Territories work with the Royal Canadian Mounted Police and justices to evaluate any cultural safety programming/training being offered to Royal Canadian Mounted Police members and justices to ensure it is trauma-informed and otherwise responsibly addresses those working with missing person cases in the Northwest Territories.

Mr. Speaker, I would like to pass it off to the Member for Range Lake.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

The Speaker

The Speaker Shane Thompson

Member from Range Lake.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

Kieron Testart

Kieron Testart Range Lake

Thank you, Mr. Speaker.

2. Privacy Protection

It was stated by members of the public at a public meeting that the urgency of finding missing people is more important to their community than the protection of someone's privacy. There was no concerns on the privacy of missing persons, as long as common sense was considered when taking into account the protection of someone's privacy.

Committee received a recommendation to add third party consent clauses to the legislation, similar to British Columbia's Missing Persons Act. This clause requires the police to gain third party consent first before proceeding with a record access. Committee notes this suggestion but felt that the legislation covers most common scenarios that are seen in the NWT and does not require the addition of third-party consent clauses.

As described in a written submission by the Salvation Army-Yellowknife division, it was recommended that care must be taken when the RCMP is requesting information that could be helpful in a missing persons investigation. It was also recommended that the information requested be pertinent to the case of the missing person. There were concerns on the potential of accidentally providing information to somebody's abuser - which highlighted the importance of protecting a person that may be fleeing domestic violence. When ascertaining a missing person's well-being, the RCMP stressed that they do not provide information that is not agreed upon by consent of the missing person for release.

During a presentation by the YWCA-NWT, it was recommended there be training for justices handling missing persons cases to ensure their approach is trauma-informed when granting access to records or search warrants. They highlighted the importance of being sensitive to the issue of domestic violence and the various dynamics that exist with missing persons cases.

It was also recommended there be training on the Missing Persons Act and its usage for RCMP, non-profit organizational staff, and shelter workers.

Committee takes note of this feedback and presents the following recommendation:

Recommendation 3: The Standing Committee on Social Development recommends the Government of the Northwest Territories establish training specific to the Missing Persons Act and its responsible, culturally-appropriate usage for justices, Royal Canadian Mounted Police, non-profit staff, and shelter workers.

3. Communication

There were public concerns on the difficulty for families and friends of missing persons to contact the RCMP to receive information and updates on ongoing missing persons investigations. It was highlighted that it is critical for the family affected by a missing persons investigation to be updated often so that family members do not have to consistently approach the RCMP for updates. There was a suggestion to create a liaison position to support the families of missing persons, especially with relaying information to and from the RCMP and communication regarding the investigation. Committee appreciated this suggestion, and also heard a large emphasis on ensuring local, trusted people on the ground in communities were being utilized rather than officials from elsewhere, where possible.

As such, this theme of communication with the family of a missing person has been factored in with Recommendation 1 of this report, where a committee is established on the ground in the community of the missing person to aid with communication between the family and the authorities.

Mr. Speaker, I now call on the honourable Member for Yellowknife North to continue this report. Thank you.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

The Speaker

The Speaker Shane Thompson

Thank you, Member from Range Lake. Member from Yellowknife North.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

Shauna Morgan

Shauna Morgan Yellowknife North

Thank you, Mr. Speaker.

4. Historical Missing Persons Cases.

Clause 14 of Bill 2 requires the RCMP to prepare an annual report to be provided to the Minister of Justice on the total number of emergency demands, a description of the types of records specified, and any other prescribed information. In public meetings, there were questions about where unsolved cold and historical statistics on missing persons cases in the NWT are to be recorded and published, and whether and where that information is currently located or published. Participants requested that the year and reason for why people are missing in the NWT also be published. Further, committee heard feedback questioning the procedures involved with identifying human remains.

One recurring theme committee heard from members of the public was concern about how long-standing missing persons cases will be prioritized and solved.

Committee therefore recommends:

Recommendation 4: The Standing Committee on Social Development recommends that in the formulation of regulations for the Missing Persons Act, the Government of the Northwest Territories require the Royal Canadian Mounted Police to include a schedule in the annual report referenced in the Missing Persons Act that outlines statistical missing persons information in the Northwest Territories, and that the regulations state where the annual report will be published.

5. Renaming Legislation.

There were public requests to change the name of Bill 2 to recognize an individual from a high-profile missing person's case in the NWT, Frank Gruben Jr., since the media coverage of his case resulted in the expedition of missing persons legislation in the NWT. The request was to change the bill's name to "Frank's Act".

Committee notes that in the Rules of the Northwest Territories Legislative Assembly, Rule 8.4(1) states "... the preamble and title are considered last and cannot be amended." In addition to this rule and by convention, the Legislative Assembly follows the House of Commons procedure and practice where the title of a bill must accurately reflect the content within the bill.

Therefore, committee makes the following recommendation:

Recommendation 5: The Standing Committee on Social Development recommends the House refers the matter of titling bills to the Standing Committee on Procedures and Privileges to review and consider the current conventions in the titling of bills and if those conventions should be expanded.

6. Jurisdictional Consistency

There were comments made by the public on better coordinating missing persons searches and investigations between bordering jurisdictions, especially for missing persons in communities that border Alberta, the Yukon, British Columbia, and Nunavut. There was emphasis on ensuring that the bill is consistent with legislation in bordering jurisdictions.

Committee notes these concerns and sought clarity on what jurisdictional review was completed when developing this legislation. The GNWT confirmed that the legislation allows for interprovincial cooperation in missing persons cases and that the department conducted a jurisdictional review of Missing Persons legislation across Canada when drafting the legislation.

The Government of the Northwest Territories drafted the legislation informed by their public engagement, aspects of legislation in other jurisdictions, and how they might best align, as well as northern contexts.

Mr. Speaker, I would like to pass it off to the Member for Deh Cho.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

The Speaker

The Speaker Shane Thompson

Thank you, Member from Yellowknife North. Member from the Deh Cho.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

Sheryl Yakeleya

Sheryl Yakeleya Deh Cho

Thank you, Mr. Speaker.

7. Records Access

Community members raised questions about retrieving records from social media companies throughout a missing persons investigation. Concerns were voiced on accessing records through social media companies that are based in different countries such as in the U.S., and whether that would pose difficulties or if there are policies against accessing accounts or records.

Committee sought information on accessing records through social media, and it was confirmed that information being requested would depend on the social media company, their location, and the extent to which they wish to cooperate with law enforcement. There may be difficulty in accessing data held by American-based social media companies, which usually requires working with law enforcement in the United States to get a search warrant and can be a lengthy process.

Information could be provided to RCMP through a "humanitarian request", and typically this information is limited to date, time, and location.

8. Truth and Reconciliation.

Community members raised thoughts and concerns on how survivors of the Sixties Scoop are technically missing because their parents or family members may not know where they are or how to find them. It was suggested there be a program established to help reunify families of the Sixties Scoop.

Committee hears and believes in the importance of these concerns. Committee sought clarity on current tools and supports in place to aid survivors of the Sixties Scoop and their families.

Committee presents the following recommendation:

Recommendation 6: The Standing Committee on Social Development recommends the Government of the Northwest Territories work with the federal government in establishing legislation specific to the Sixties Scoop and creating programming to assist those impacted by the Sixties Scoop in the Northwest Territories.

9. Record Retention and Destruction.

There were concerns presented by the YWCA-NWT about how the legislation outlines when and how records obtained during the course of a missing person investigation should be destroyed. YWCA-NWT suggests there needs to be a timeline for the destruction of records once the person is found and the case is closed. It was suggested that there be a timeline for the destruction of records once the person is found and the case is closed.

The committee hears these concerns and presents the following recommendation:

Recommendation 7: The Standing Committee on Social Development recommends the Government of the Northwest Territories include specifics on record retention and destruction in the development of the regulations for the Missing Persons Act.

Mr. Speaker, I'd like to pass it off to the Member for Monfwi.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

The Speaker

The Speaker Shane Thompson

Thank you, Member for Deh Cho. Member for Monfwi.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

Jane Weyallon Armstrong

Jane Weyallon Armstrong Monfwi

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.

Committee Report 2-20(1): Standing Committee on Social Development Report on Bill 2: Missing Persons Act
Reports Of Committees On The Review Of Bills

The Speaker

The Speaker Shane Thompson

Thank you, Member from Monfwi. Reports of standing and special committees. Member from Monfwi.

Motion to Receive Committee Report 2-20(1) and Move into Committee of the Whole, Carried
Reports Of Committees On The Review Of Bills

Jane Weyallon Armstrong

Jane Weyallon Armstrong Monfwi

Mr. Speaker, I move, seconded by the Member for Mackenzie Delta, that Committee Report 2-20(1), Standing Committee on Social Development Report on Bill 2: Missing Persons Act, be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.

Motion to Receive Committee Report 2-20(1) and Move into Committee of the Whole, Carried
Reports Of Committees On The Review Of Bills

The Speaker

The Speaker Shane Thompson

Thank you, Member for Monfwi. The motion is in order. To the motion.