Thank you, Mr. Speaker. Just a few more of these. Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Human Rights Commission.

Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee report 5-20(1), Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Human Rights Commission, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.

Thank you, Member. The motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion passed.

---Carried

INTRODUCTION

The Standing Committee on Government Operations (Committee) has reviewed the 2022-2023 Annual Report of the Northwest Territories Human Rights Commission (Commission). The Committee thanks Mr. Charles Dent, Chair of the NWT Human Rights Commission and Ms. Nicole MacNeil, Executive Director of the NWT Human Rights Commission for their appearance before the Committee on April 16, 2024.

The Human Rights Act requires the Commission to prepare an annual report. The report includes information on the numbers and grounds of complaints filed. The Speaker tables the report in the Legislative Assembly. Once tabled, Committee reviews the report.

The Commission's 2022-2023 report highlights its focus on accessibility and community outreach. The Commission's work and recommendations are reflected in Committee's observations.

Committee has identified two recommendations brought forward from the Human Rights Commission that it wishes to bring attention to and seek additional information from the Government of the Northwest Territories - the first, to legislate accessible design standards; and the second, to prohibit genetic discrimination. Although the report references other important areas of interest, Committee is hopeful that a more focused approach can lead to positive legislative changes that support the important work of the Human Rights Commission.

ABOUT THE HUMAN RIGHTS COMMISSION

The NWT Human Rights Commission is arms-length from the Government of the Northwest Territories. It is given legislative authority under the Human Rights Act. Most legislation in the Northwest Territories (NWT) has a Cabinet Minister responsible for the Act; however, this is different for the Human Rights Act. It says the Commission is responsible to the Legislative Assembly for the administration of the Act.

The Commission's role is to protect people from discrimination. They promote equality through education, research, and advocacy. The Act makes it illegal to discriminate or harass anyone based on age, disability, race, colour, ancestry, place of origin, sexual orientation, gender identity, family status, social condition, religion, political belief, or pardoned criminal conviction.

OBSERVATIONS

Legislating Accessible Design Standards For years, the Human Rights Commission has called for the Government of the Northwest Territories (GNWT) to adopt an updated building code with stronger accessibility standards. The government currently relies on the National Building Code as the minimum acceptable standard - but this is not necessarily considered accessible pursuant to the NWT Human Rights Act. The Commission has pointed to building standards from the Canadian Safety Association (CSA) as a preferred alternative.

Committee previously endorsed the Commission's advocacy in this area. Since at least 2018-19 the Commission and Committee have recommended that the GNWT ensure building standards meet requirements set out in the NWT Human Rights Act.

In GNWT's most recent response to Committee (tabled February 2021), the Government referenced encouraging examples of increasing accessibility requirements for the built environment. For example, Committee is happy to see the Department of Infrastructure's Fourth Edition of the “Good Building Practices for Northern Facilities” manual includes a process for determining accessibility targets for renovations of existing infrastructure.

Committee acknowledges that the work required to make buildings completely accessible is complex and requires a broad cultural shift towards expecting inclusivity in the built environment. However, Committee also believes that government has a responsibility to take the lead in the way our society approaches design and implementation of inclusive facilities.

Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories enact accessibility legislation to facilitate the implementation of accessibility standards and regulations to help ensure people with disabilities can fully participate in their communities.

The federal government and several provincial governments offer funding for projects that make communities and workplaces across Canada more accessible for persons with disabilities. Some examples include:

• Federal Enabling Accessibility Fund provides funding for projects that make Canadian communities and workplaces more accessible for person with disabilities.

• BC's Capital Projects Grant provides funding to not-for-profit organizations to support the completion of inclusive, accessible capital projects.

• BC's Workplace Accessibility Grant provides direct support to small business employers to create accessible work environments.

• Manitoba's Accessibility Fund provides project-based grants to help municipalities, non-profit organizations, and businesses remove barriers.

• Ontario's Trillium Foundation provides capital grants for projects that improve community facilities and spaces.

• Newfoundland's Inclusion Grant Funding is available to non-profit, communitybased organizations to make their facilities more accessible. Consequently, Committee recommends:

Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories develop a grant or contribution program to support businesses and/or not-for-profit organizations in becoming more accessible for persons with disabilities.

Prohibiting Genetic Discrimination

For several years, the Human Rights Commission has advocated - and Committee endorsed - to add genetic discrimination as a prohibited grounds of discrimination in the NWT Human Rights Act. In 2019, Committee moved a motion to amend the Human Rights Act to this effect; however, government declined to make the change, citing reluctance to be the first province or territory to adopt such a ground.

Since that time, the federal government has amended its human rights legislation to prohibit discrimination on the ground of genetic characteristics.

Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories take immediate action to add genetic discrimination to the NWT Human Rights Act or provide rationale and justification for why the Government is not proceeding with this recommendation.

CONCLUSION

This concludes the Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Human Rights Commission.

Recommendation 4: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 5-20(1), Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Human Rights Commission, be received and adopted by the Assembly. Thank you.

Thank you, Member for Frame Lake. The motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion is passed.

---Carried

Member from Frame Lake.

Thank you, Member from Frame Lake. Motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion has passed.

---Carried

Member for Frame Lake.

Thank you very much, Mr. Speaker. Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Ombud and Special Report on Recommendations for Amendments to the Ombud Act.

Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 6-20(1), Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories ombud and Special Report on Recommendations for Amendments to the Ombud Act, be deemed read and printed in the Hansard in its entirety. Thank you, Mr. Speaker.

Thank you, Member from Frame Lake. Motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? The motion is carried.

---Carried

INTRODUCTION

The Standing Committee on Government Operations (Committee) has reviewed the 2022-2023 Annual Report of the Northwest Territories Ombud (Ombud) and the Special Report on Recommendations for Amendments to the Ombud Act. The Committee thanks Ms. Colette Langlois, Ombud, for her appearance before the Committee on April 9, 2024.

Section 33 of the Ombud Act requires the Ombud to prepare an annual report. The Speaker tables the reports in the Legislative Assembly. Once tabled, Committee reviews the reports.

The Annual Report includes information about the Ombud's Office, administrative fairness, and their work performed over the previous year such as inquiries and complaints received, public education and outreach, and finances.

The Special Report provides an updated list of recommendations to update and amend the Ombud Act after Bill 61, An Act to Amend the Ombud Act came into force on July 1, 2023.

ABOUT THE NWT OMBUD

The NWT Ombud is an independent office of the Legislative Assembly tasked with speaking up for fairness in territorial government administration and services. The powers and duties of the Ombud include:

• Investigating complaints from people who feel they have been treated unfairly by territorial authorities.

• Own-initiative investigations to help improve government services.

• Public education on the principles of administrative fairness.

OBSERVATIONS

Ombud's Reports The Ombud did not make any recommendations in the 2022-2023 Annual Report. Instead, she submitted a Special Report with ten recommendations for amendments to the Ombud's Act:

1. That the Ombud's jurisdiction be extended to hamlets, cities, towns, and villages.

2. That the provision restricting the Ombud from investigating human rights matters where there is overlap with administrative fairness be amended or removed.

3. That the Ombud's jurisdiction be extended to complaints about the human rights offices.

4. That references to “judicial review” be removed in section 17, and that consideration be given to instead including wording similar to what is used in other Canadian jurisdictions.

5. That the Ombud's power to obtain information from authorities during an investigation be strengthened and clarified.

6. That the Act be amended to include a new provision assuring public servants and authorities that they can provide information to the Ombud voluntarily.

7. That the definition of “administrative head” be amended to be more inclusive of heads who do not have the title of “Deputy Minister” or “Chief Executive Officer”.

8. That a provision be added to protect the confidentiality of evidence obtained in the course of Ombuds processes similar to provisions found in other Canadian legislation.

9. That the wording “and any administrative policies of the Clerk” be removed from subsection 42(2).

10. That the French title “Protecteur du citoyen” be replaced with the title “Ombud”.

Review of the Ombud Act

In October 2020, the Speaker tabled the Ombud's first ever-ever Annual Report, for 2019-2020. The Ombud ‘s report made 14 recommendations for legislative changes to the Act. The recommendations were informed by the Ombud's review of legislation in other jurisdictions, advice received from other Ombuds and legal professionals, and issued that arose when the Ombud responded to individual complaints.

Committee at that time endorsed many of the Ombud's recommendations in their subsequent Review Report. That report was tabled in May 2021 and discussed in Committee of the Whole. The Legislative Assembly ultimately adopted seven (7) motions that recommended changes to the Act.

At the time, Members hoped the GNWT would put forward amending legislation in the remaining two years of the 19th Assembly and were disappointed when the GNWT declined to do so in the November 2021 response. Rather, the GNWT agreed only to consider Committee's recommendations in the context of a “future review.”

In June 2022, Committee followed up on the GNWT's response in a meeting with the Government House Leader. Committee wanted to learn more about the GNWT's position and, more importantly, make one more appeal for change to the Act in the 19th Assembly. Ultimately, the Government maintained its position and declined to make changes.

In response, Bill 61: An Act to Amend the Ombud Act, was tabled in November 2022 as a private members bill. The Member for Yellowknife North worked with the Ombud to address the most pressing issues, and the amended Act came into force in April 2023.

In the Report on the Review of Bill 61, Committee recommended that “the GNWT, in consultation with the Board of Management, lead a holistic review to examine and clarify the jurisdiction of each statutory officer of the Assembly.” In its response, the Government committed to undertaking a review of the Act early in the 20th Assembly.

Many of the recommendations in the Ombud's 2024 Special Report are still outstanding from the Ombud's first report tabled in October 2020. Committee is dissatisfied that efforts to craft recommendations that would improve government operations - which were endorsed as motions in the Legislative Assembly - were disregarded without meaningful and timely action. Therefore, Committee recommends that:

Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories take immediate action to enact the ten recommendations of the Ombud or provide the rationale and justification as to why the Government is not proceeding with the recommendations.

Outreach and Public Education

During the public review on April 9, 2024, the Ombud spoke about the initiatives taken on by the Ombud's Office to increase public education and outreach. The Ombud talked about the positive impact of in-person outreach and the success of the Working Together for Fairness full-day seminar offered to the public service. Committee is impressed at the steps the Ombud has taken to engage with both members of the public and public servants to raise awareness about administrative fairness.

However, the Ombud also expressed concern that the Office lacked capacity to fulfill its mandate. The Office's current compliment of three staff, including the Ombud, manages between 150 and 200 case files per year in addition to initiating own-motion investigations and providing outreach and public education. Committee shares the Ombud's concerns: there is evidence of increases in the volume and complexity of complaints reported, combined with the increased demand for training and outreach.

Committee believes the Ombud's Office should have the capacity and resources it needs to fulfill all aspects of its mandate, and consequently recommends:

Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories, in consultation with the Ombud, identify and address any shortfalls in budget or resources that may inhibit the Ombud's Office from fulfilling their mandate.

CONCLUSION

This concludes the Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Ombud and Special Report on Recommendations for Amendments to the Ombud Act.

Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 6-20(1), Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Ombud and Special Report on Recommendations for Amendments to the Ombud Act, be received and adopted by the Assembly. Thank you, Mr. Speaker.

Thank you, Member from Frame Lake. Motion's in order. To the motion.

Question has been called. All those in favour? All those opposed? Abstentions? Motion has passed.

---Carried

Member from Frame Lake.

Thank you, Mr. Speaker. I'm almost a little bit sad it's about to be over.

Mr. Speaker, I move, seconded by the Member for Great Slave, that pursuant to Rule 9.4(5)(a) that the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations, within 120 days, or at the earliest opportunity subsequent to the passage of 120 days. Thank you.

Thank you, Member from Frame Lake. Motion's in order. To the motion.