Debates of Oct. 23rd, 2025

Mr. Speaker, I move, seconded by the honourable Member of Yellowknife North, that pursuant to Rule 9.4(5)(a), 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 128 days. Thank you, Mr. Speaker.

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

Question has been called. All those in favour, please raise your hand. All those opposed? All those abstaining? Motion has been carried.

---Carried

Member from Mackenzie Delta.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Yellowknife North, that Committee Report 26-20(1), Standing Committee on Social Development Report on the Statutory Review of the Legal Aid Act, be received and adopted by the Assembly. Thank you, Mr. Speaker.

Thank you. The motion is in order. To the motion.

Question has been called. All those in favour, please raise your hand. All those opposed, please raise your hand. All those abstaining, please raise your hand. The motion is carried.

---Carried

Member for Mackenzie Delta. Thank you, Mr. Speaker.

Mr. Speaker, your Standing Committee on Social Development is pleased to provide its joint Report on the Review of Bill 23, An Act to Amend the Children's Law Act, and of Bill 24, An Act to Amend the Family Law Act, and commends this report to the House.

Mr. Speaker, I move, seconded by the honourable Member for Range Lake, that Committee Report 27-20(1), Standing Committee on Social Development Joint Report on Review of Bill 23, An Act to Amend the Children's Law Act, and of Bill 24, An Act to Amend the Family Law Act, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.

Thank you, Member for Mackenzie Delta. To the motion is in order. To the motion.

Question has been called. All those in favour, please raise your hand. All those opposed, please raise your hand. All those abstaining, please raise your hand. The motion is carried.

---Carried

Introduction and Background

Bill 23: An Act to Amend the Children's Law Act (Bill 23) and Bill 24: An Act to Amend the Family Law Act (Bill 24) propose changes to current family law legislation following amendments to the federal Divorce Act that came into force on March 01, 2021. The 2021 amendments to the Divorce Act were intended to promote the best interests of the child, address family violence, reduce child poverty, and ensure the family justice system is more accessible and efficient. While the federal Divorce Act addresses situations involving the break-up of married couples, the territorial Family Law Act addresses situations involving the break-up of common-law couples.

Changes to the Children's Law Act presented in Bill 23 include updates to the best interests of the child test, introducing new terminology that replaces current “custody” and “access” orders with “parenting” and “contact” orders, adds new provisions to address family violence, clarifies the legal process for family relocations, and describes new duties for parents, legal advisors and the courts. Bill 23 also proposes amendments to areas not related to the Divorce Act including allowing for the collection, use and disclosure of personal information by and to the Child Support Recalculation Service and amending Section 75 of the Children's Law Act. Amendments proposed in Bill 24 to the Family Law Act are closely tied to simultaneous amendments to the Children's Law Act in Bill 23.

The Minister of Justice brought Bill 23 and Bill 24 forward to the House in the
February 2025 Sitting of the 20^th Legislative Assembly. Bill 23 and Bill 24 received second reading on March 13, 2025, and were referred to the Standing Committee on Social Development (Committee) for review.

This report summarizes Committee's review of Bill 23 and Bill 24, starting with public engagement. This report also describes Committee's efforts to review and strengthen Bill 23 and Bill 24, including four (4) motions to amend Bill 23 and one (1) motion to amend Bill 24. Of which, 04 were accepted at the clause-by-clause review. This report also includes 10 recommendations.

Public Engagement

On June 11, 2025, Committee hosted a public hearing, whereby Committee was briefed on both Bills by the Minister of Justice. The Minister's presentation is included in Appendix A. There were no members of the public that attended the public hearing.

Between May 2025 to August 2025, Committee sought written submissions on Bill 23 and Bill 24. Committee sent three (3) targeted engagement letters to relevant organizations in the NWT. Committee received written submissions from a group of family law lawyers practicing in the Northwest Territories (NWT). Their submissions are also included in Appendix A.

Committee appreciates everyone who offered their feedback at public meetings and in written submissions. Participants offered thoughtful ideas to improve the Bills and feedback on key areas of family law in the NWT.

Committee categorized public comments received into ten (10) themes.

Seeking clarity on definitions

In a written submission to Committee, a group of family law lawyers highlighted a recent decision of the NWT Supreme Court (Robertson v Robertson, 2025 NWTSC 46) that interpreted the definition of “commencement date”, which is used to start valuing matrimonial property. In that decision, the couple lived together for 10 months before marriage and the court found the marriage date to be the “commencement date”.

In light of this court decision, Committee was informed that the existing definition under Section 33 of the Family Law Act (FLA) remains unclear and needs review. Presently, in Section 33 of the FLA, “commencement date” means in respect of a spousal relationship, the earlier of the dates on which the spouses (a) were married, or (b) started cohabitating outside marriage for a period or in a relationship sufficient to establish their spousal relationship. Therefore, the “commencement date” may be seen as the date when a couple begins living together.

Committee believes narrowing the definition of “commencement date” within family law legislation will help in clarifying any confusion raised around these dates in family law courts. Committee therefore recommends:

Recommendation 1 The Standing Committee on Social Development recommends the Government of the Northwest Territories conduct a jurisdictional review of the definition for “commencement dates” within family law legislation in Canada and propose new language and amendments within the Family Law Act to clarify the definition.

The group of lawyers also presented concerns on how to address a person's negative equity at the “commencement date”, illustrating that in Ontario, a person's negative equity is “zeroed” and has no impact on a person's net worth at their “commencement date”. They suggested that this concept is worthy of review for NWT's family law legislation, and therefore Committee presents the following recommendation:

Recommendation 2 The Standing Committee on Social Development recommends the Government of the Northwest Territories conduct research to develop a clear process in addressing a person's negative equity and subsequently propose related amendments to the Family Law Act or its Regulations.

Several definitions and concepts within the Children's Law Act and its Regulations were brought to the Committee's attention for further review, particularly in areas that remain unresolved at the national level. First, solutions are required to address “hybrid” parenting arrangements (i.e., situations where one parent has sole responsibility for one or more children, and both parents share responsibility for one or more other children). It was suggested that a jurisdictional review of other family law legislation would be prudent to determine strategies in addressing these types of situations to provide clear counsel to families. Secondly, strategies ought to be developed to allow “joinder” of child support cases. For example, solutions are needed to determine if the courts should allow bringing both the biological parents and the stepparent into the same child support case, in determining the potential obligations to pay child support.

Committee believes these issues merit review and present the following recommendation:

Recommendation 3 The Standing Committee on Social Development recommends the Government of the Northwest Territories study and evaluate strategies to address “hybrid” parenting agreements and solutions for permitting “joinder” of child support obligations within the Northwest Territories' Children's Law Act's Regulations and present amendments to its Regulations.

Orders for urgent care of a child

Motion 1 Bill 23

Section 39 of the existing CLA outlined processes for courts to dispense with the consent of a parent for a child's medical treatment. This section was repealed without replacement. Concerns were brought to Committee, although this section is sparingly used, its repeal could eliminate an important legal remedy for the court. They also note that this authority of the court may need to be explicitly stated if the Territorial Court is meant to have this authority.

Committee believes this is an important provision, particularly the ex parte or “urgent” aspect of this section, which would permit a parent to apply for an order for a child's medical treatment without the consent of the other parent. Committee understands that Section 39 of the existing CLA is partly achieved through Sections 15 and18 of Bill 23. Although, Committee remains committed to the ability to seek urgent relief as outlined in Section 39 of the existing CLA and therefore moved to add a new clause after clause 38 to add to section 77 to allow for ex parte urgent orders concerning decision making for a child more broadly, and not solely in medication cases. The motion was carried during the clause-by-clause review with the Minister's concurrence.

Motion 1 for Bill 23 is included in Appendix B of this report.

Rights of the child

Motion 2 Bill 23

In their written submission to Committee, the group of family law lawyers highlighted that Section 83 of the CLA could clarify that the court has the ability and authority to appoint legal counsel for a child. They note that these changes could also clarify that the child is not solely responsible for communicating their view and preferences, and that they can have the assistance of appointed counsel.

Committee believes it is important that the CLA explicitly state that the court may appoint legal counsel for a child. In particular, Committee views this as a critical access to justice measure that would strengthen legal protections and representation for children in the NWT.

Committee therefore moved that Bill 23 be amended by adding a provision after clause 42. The provision specifies that a court may, if it is in the best interests of a child in application under Part III, appoint counsel to represent the child, who shall act in the best interests of the child. The court may appoint a representative by its own initiative, or on motion by a party. The motion was carried during the clause-by-clause review with the Minister's concurrence.

Motion 2 is included in Appendix B of this report.

Additionally, it was suggested to Committee that a provision should be made to incorporate the United Nations Convention on the Rights of the Child (CRC) in the FLA and the CLA. The CRC is an international legal agreement that describes the human.

rights of every child. Including the CRC as a provision in the CLA or FLA would commit the courts and the government to apply the rights of the child that are outlined within the CRC. Canada ratified the CRC in 1991. Committee believes this is worthy of review, and presents the following recommendation:

Recommendation 4 The Standing Committee on Social Development recommends the Government of the Northwest Territories conduct research to determine how the United Nations Convention on the Rights of the Child can be incorporated into the Northwest Territories' Children's Law Act or Family Law Act, and present amendments to these Acts.

Relocations

Motions 3a and 3b Bill 23

Committee was made aware of some potential challenges with provisions related to “relocations” and “change of residence” in smaller NWT communities. It was noted that these sections may work in larger centers in Southern Canada, but that they may have different impacts in Northern communities. Specifically in Section 38.5(3) of Bill 23, the phrase “significant impact” may be difficult to discern and the requirement to give notice if one parent relocates may be an unnecessary burden for families in smaller communities whereby frequent moves may be common and would not create as big of a disruption to family lives as compared to moves within larger centers. For this reason, Committee believes that in the definition of “relocation” in the new proposed Section 15 of Bill 23, a subclause be added that would allow for the Minister to further define “relocation” in the Regulations.

Committee believes this change will allow the Minister the ability to further define “relocation”, including adapting the definition to the realities of NWT communities. Committee therefore moved to amend Clauses 14 and 43 of Bill 23. The motions were carried during the clause-by-clause review with the Minister's concurrence.

Motions 3a and 3b are included in Appendix B of this report.

Restrictions on access to family court files

Public concerns were presented to Committee regarding the access to family court files. Their concerns centred on the proposed restrictions on access to family court files within Bill 23, and that these restrictions may undermine the legislative objective of supporting resolution outside the courts. Committee believes this feedback is also related to the Child and Family Services Act (CFSA), in that a restriction on access to family court files regarding a child in care of the government may be in direct conflict with the CFSA.

Committee takes note of this feedback, and believes it is important to strike a balance between access to court files to properly represent clients, protecting the identity of children and the best interests of a child while also acknowledging that there are cases where appropriate access should be granted.

Therefore, Committee presents the following recommendation:

Recommendation 5: The Standing Committee on Social Development recommends the Government of the Northwest Territories review the Child and Family Services Act's provisions on restrictions to family court files and access to information, and propose amendments to the Children and Family Services Act to ensure restrictions on accessing court files does not impede a child's best interests.

Domestic contracts

Motion 1 Bill 24

Committee heard concerns that Bill 24 repeals but does not replace Section 8(1) of the existing FLA. Section 8(1) of the FLA relates to “contracts subject to the best interests of the child”, allowing the court to disregard any provision in a domestic contract where it is in the best interests of the child to do so. It was brought forward to Committee that this section ensures a child's best interests remains central within a domestic agreement.

Committee therefore moved to remove Clause 9 of Bill 24 to reinclude this section to ensure that a child's best interests are upheld within a domestic agreement. The motion was carried during the clause-by-clause review with the Minister's concurrence.

Motion 1 of Bill 24 is included in Appendix B of this report.

Child Support Recalculation Service.

The Child Support Recalculation Service is a free service in the NWT that helps parents with child support orders recalculate their child support payments based on their income and meet their legal obligations.

Recommendation 6 The Standing Committee on Social Development recommends the Government of the Northwest Territories review the eligibility requirements in accessing the Child Support Recalculation Service and amend the Regulations to broaden the eligibility requirements so the Service is accessible to more families in the Northwest Territories.

Supervised Access

Section 36 of Bill 23 speaks about a court's direction for the supervision of parenting time or contact under a parenting order or contact order. There were concerns brought forward about Child and Family Services being required to provide parental supervision, and that anyone providing this service should consent to doing so in advance. They also suggested that the court should maintain oversight if the Director of Child and Family Services agrees to this role. Committee understands there are issues with reliable supervised access solutions, especially in smaller communities, and therefore presents the following recommendation:

Recommendation 7 The Standing Committee on Social Development recommends the Government of the Northwest Territories work with Child and Family Services and explore partnerships with other qualified individuals or community organizations to develop and implement strategies that make supervised access more accessible, safer, and aligned with a child's best interests, particularly for families in small communities.

Family Mediation Program

The GNWT's Family Law Mediation program is a voluntary free service to help parents, guardians and other individuals with interest in a child's life deal with concerns related to separation or divorce. Committee believes the GNWT's Family Mediation Program is an important avenue for families in family law court, and especially important for families that may have negotiated parenting agreements outside of family law court. This program may be a crucial access point for families to work with a mediator and determine parenting agreements outside of court.

Committee therefore presents the following recommendation:

Recommendation 8 The Standing Committee on Social Development recommends the Government of the Northwest Territories develop and implement communication strategies to ensure families outside the family court system are informed of the Government of the Northwest Territories' Family Mediation Program and its benefits.

Consequential amendments to other legislation

The terms “custody” and “access” were changed through Bill 23, in alignment with the 2021 changes to the Divorce Act. However, these terms still exist in other NWT legislation. It was recommended by the family law lawyers that considering these changes, the NWT's CFSA be amended to eliminate the terms “custody” and “access”. It is emphasized that the Children's Law Act and the CFSA should work harmoniously, and that subsequent changes to the CFSA should have broader consultation and engagement.

To ensure these two Acts work together appropriately, Committee recommends the following:

Recommendation 9 The Standing Committee on Social Development recommends the Government of the Northwest Territories review the Child and Family Services Act and other related legislation to change terminology around “custody” and “access” as presented in the 2021 changes to the Divorce Act and in Bill 23: An Act to Amend the Children's Law Act.

Conclusion

On October 10, 2025, Committee held a clause-by-clause review for Bill 23 and Bill 24. Committee passed a motion to report Bill 23 and Bill 24, 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 23 and Bill 24.

Recommendation 10 The Standing Committee on Social Development recommends the Government of the Northwest Territories provide a response to this report within 120 days.

Member for Mackenzie Delta.

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

Question has been called. All those in favour, please raise your hand. All those opposed. Abstentions. The motion is carried.

---Carried

Member for Mackenzie Delta.

Mr. Speaker, I move, seconded by the honourable Member for Sahtu, that pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations within 120 days or at its earliest opportunity subsequent to the passage of 128 days. Thank you, Mr. Speaker.

Thank you, Member for Mackenzie Delta.

The motion is in order. To the motion.

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

---Carried