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Crucial Fact

  • His favourite word was land.
Historical Information Louis Sebert is no longer a member of the Legislative Assembly.

Last in the Legislative Assembly September 2019, as MLA for Thebacha

Lost his last election, in 2019, with 6% of the vote.

Statements in the House

Tabled Document 454-18(3): Northwest Territories Surface Rights Board 2019-2020 Budget June 4th, 2019

Mr. Speaker, I wish to table the following document entitled "Northwest Territories Surface Rights Board 2019-2020 Budget." Thank you, Mr. Speaker.

Question 773-18(3): Third-Party Sexual Assault Reporting June 4th, 2019

Of course, we don't have much time left, so I am not certain whether I can make that commitment, but as I say, we are looking forward to this public engagement, which will give us direction to take next steps, I am sure. Thank you.

Question 773-18(3): Third-Party Sexual Assault Reporting June 4th, 2019

Yes, I believe that to be the case. I will check on that, and if that is not the correct information, then I will certainly supply it to the Member opposite.

Question 773-18(3): Third-Party Sexual Assault Reporting June 4th, 2019

I thank the Member opposite again for her question. I do know that the stakeholder and public engagement is scheduled for June 11th and 12th in Yellowknife, and advocates have been invited to attend from across the NWT. That is the next step that we are taking very shortly.

Question 773-18(3): Third-Party Sexual Assault Reporting June 4th, 2019

Thank you, Mr. Speaker, and I thank the Member opposite for the question. The Department of Justice, Community Justice and Policing, and RCMP have accepted a proposal to implement third-party reporting of sexual assaults, as well as advocate review of sexual assault files closed without change. We have made progress in this very important matter. We do recognize this as a very serious issue. Thank you, Mr. Speaker.

Committee Report 17-18(3): Special Committee to Increase the Representation of Women in the Legislative Assembly June 4th, 2019

Thank you.

RESPONSE TO SPEAKER'S DISCUSSION PAPER

An important goal of the discussion paper was to spark public discussion on increasing the representation of women in the NWT Legislative Assembly and the provision of guaranteed seats as a temporary measure to help make this happen.

The discussion prompted by the creation of this committee has only begun, and committee strongly believes it is an important dialogue that needs to continue.

One prominent theme committee heard during public meetings was that conversations on how to increase representation of women are needed in communities and the Northwest Territories, and opportunities should be created for this discussion to continue:

"While we do face barriers, conversations like these start the knowledge sharing that can help to reduce some of the strains and barriers that may deter women from running for any position." (Natasha Kulikowski, Written Submission, 11 April 2019)

Discussing Gender Quotas

There are three main gender quota models in use in other jurisdictions. Two of these, electoral candidate quotas and political party quotas, are reliant upon a party-based political system. The third involves the provision of guaranteed seats. Each of these models intervenes at a different point in the electoral process.

Electoral candidate quotas are a mechanism by which political parties are required to bring a predetermined proportion of female-to-male candidates forward for elections. This model is found to be most effective if it mandates a minimum threshold of 30 percent of women candidates per list. Electoral candidate quotas are often accompanied by sanctions against parties for non-compliance. (Rosen 2017)

Gender quotas are a mechanism to regulate that a percentage of those elected must be women. A quota can also apply to both sexes. In Slovenia, for example, 40 percent of either sex candidates must be included in any list of candidates. Prior to this legal gender quota, women's representation at the national level varied between 14 to 25 percent. (Gaber 2019)

In Canada, the federal Standing Committee on the Status of Women encouraged registered parties to "set voluntary quotas for the percentage of female candidates they field in federal elections and to publicly report on their efforts to meet these quotas after every federal general election." (April 2019 Report).

This model cannot be implemented under the current territorial political system, where candidates run as independents and there are no political parties. Without political parties, there are no party candidate lists, and it is unclear who would bring sanctions and to whom they would be applied if not enough women candidates come forward.

"Absent political parties or proportional representation, the NWT Legislative Assembly has limited structural means to influence the number of women candidates who run in a given election." (Office of the Speaker of the NWT Legislative Assembly, 2018).

A study comparing quota models in 160 countries concluded gender quota legislation is a practical point of departure for those looking to increase women's political representation, but implementation shows significant differences across countries, in quota design and outcomes.

The complexity that exists in the interplay between electoral systems, socioeconomic development status, and the presence of conflict in a country, makes it difficult to predict results for any country based on specific quota models alone (Rosen 2017).

Recent research compared women's combined legislative representation in countries without gender quotas to those with quotas. We find that the representation of women in legislatures with gender quotas is approximately ten percent higher than in countries without quotas (Hughes and Paxton 2019).

Through its research, committee found that quotas have the potential to substantially increase women's representation in national legislatures. In the studies consulted, researchers also agree that quotas, including guaranteed seats, can be a "fast track" to increase women's political representation.

Discussing Measures Increasing the Representation of Women

Committee heard that the discussion paper is a "'wonderful and good first step in efforts to increase the representation of women in the NWT Legislative Assembly" (Wendy Bisaro).

"I cannot stress strongly enough how much I believe greater representation of women in the NWT Assembly is needed. A woman's perspective on just about anything is different from a man's view on the same thing. It is not better or worse, just different." (Wendy Bisaro, Written Submission, 15 February 2019)

Committee was told that the perspective of approximately 50 percent of the NWT's population is missing because women are not adequately represented in the Legislative Assembly. We heard that this absence of the female perspective affects the whole of the population, because those elected are making laws and policies for all residents of the NWT.

The discussion paper offers a proposal on how the NWT Legislative Assembly could reach its goals of 20 and 30 percent women Members by 2023 and 2027, respectively, by applying a system adopted in Samoa, which provides a constitutional guarantee of a minimum of five seats for women.

Committee was often asked why the goal of 30 percent women by 2027 was not set at 50 percent. Some respondents asked that, instead of using special measures, the electoral system be changed to guarantee women 50 percent of the seats, without a time limit. Committee heard that this proposal for temporary special measures does not go far enough and should strive for true gender balance.

"In particular, the Council would like to see the Legislative Assembly fully explore a Gender-Equal Legislative Assembly as this model is consistent with gender equality and involves a democratic process: female and male candidates are voted for by their constituents and one female and one male candidate are elected to the Legislative Assembly per district" (Status of Women Council of the NWT, Written Submission, 3 May 2019)

Twenty years ago, before the creation of Nunavut in 1999, an appointed implementation commission proposed a two-member constituency model for the new territory, recommending 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 (27 percent) of Nunavut's Legislative Assembly are women.

During public meetings, we also heard that the temporary measures should in fact ask for 90 percent of guaranteed seats for women for the next 36 years to balance out the inequity of the past, ensuring that 90 percent of legislators are women.

Committee heard a proposal for a system that would guarantee five seats at large for women to join the legislature without having a riding, in addition to the existing riding-based electoral system. Some had reservations about this proposal and stressed that it would put women into an unfair position, having to campaign NWT-wide and having to pay higher campaign costs compared to men who would run for election in local ridings. Given that raising campaign funds is already identified as a barrier to women running, this model was seen as double disadvantage for women.

Committee heard from participants that several countries have established guaranteed seats and that the committee should look to models other than Samoa's before settling on a model.

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

Bill 29: An Act to Amend the Access to Information and Protection of Privacy Act May 30th, 2019

Mr. Speaker, I move, seconded by the honourable Member for Hay River South, that Bill 29, An Act to Amend the Access to Information and Protection of Privacy Act, be read for a third time. Mr. Speaker, I request a recorded vote: Thank you, Mr. Speaker.

Committee Motion 138-18(3): Bill 30: An Act to Amend the Human Rights Act - Amendment to subclause 29(1) striking out "April 1, 2019" and substituting "August 1, 2019", cARRIED May 30th, 2019

Mr. Chair, I move that subclause 29(1) of Bill 30 be amended by striking out "April 1, 2019" and substituting "August 1, 2019." Thank you, Mr. Chair.

Committee Motion 137-18(3): Bill 30: An Act to Amend the Human Rights Act - Amendment to Clause 28 - (a) by deleting subclause (1) and substitution, carried May 30th, 2019

Mr. Chair, I move that Clause 28 of Bill 30 be amended (a) by deleting subclause (1) and substituting the following:

28.(1) Complaints accepted under Section 29 of the Human Rights Act before August 1, 2019, shall proceed in accordance with the Act as it reads on July 31, 2019.

(b) in subclause (2), by striking out "March 31, 2019," and substituting "July 31, 2019." Thank you, Mr. Chair.

Committee Motion 136-18(3): Bill 30: An Act to Amend the Human Rights Act - Amendment to Clause 2 - Renumbered Subclause 2(1), Defeated May 30th, 2019

Thank you, Mr. Chair. We completely understand the rationale for adding this new ground. While I will talk about insurance, our main concerns are not related to the interests of the insurance industry, but rather to the interests of our residents.

I have to say that, because this very major decision is being raised by a motion here in Committee of the Whole, there has been no opportunity to engage in meaningful consultation. What this motion proposes affects the interests of our residents and of the small insurance brokers and agents based in several of our communities. They likely know little or nothing about it.

It is an important point, because this is a very significant change to our human rights legislation and is, in no way, routine. You heard from the ADM about the jurisdiction that provinces and territories exercise in the area of insurance, and we note that none of them have enacted genetic characteristics as a prohibited ground.

It is not that there has been any lack of opportunity at the provincial or territorial level. Since 2016, every province and territory in Canada, except Newfoundland and Labrador, has amended their Human Rights Act or Code, and eight of them have dealt with their prohibited grounds. None of them have taken the leap proposed in this motion. There has to be a reason. If we proceed in the absence of others, it makes us vulnerable.

Since we have become aware of the issue, we have been doing what research we can, and we have consulted with both the Canadian Life and Health Insurance Association and with the Coalition for Genetic Fairness, an NGO advocating for the rights of Canadians who face genetic illnesses and conditions. What we have learned leaves us very concerned that adding genetic characteristics as a prohibited ground could dramatically affect the future ability of NWT residents to purchase life, health, or disability insurance. Again, our concern is related to the ability of our residents to obtain the insurance that they need.

Our research has shown that questions about personal health and family history are critical to the process by which insurance companies evaluate the premiums for a policy or decide whether to issue a policy at all. This risk evaluation process is called underwriting. The Northwest Territories is a very small market for insurance providers. We are not Ontario. Given that the questions asked of applicants for life, health, or disability insurance, or the information obtained from their doctors, are intended to ascertain genetic characteristics for the purpose of determining risk, it seems likely to place the insurance provider squarely in violation of the NWT Human Rights Act if it is amended as proposed in this motion. Given that individual insurance companies would either have to develop an entirely new process for underwriting insurance in the NWT market or they could often no longer offer their life, health, or disability insurance products in this jurisdiction.

Insurance companies are, by their nature, risk-adverse. Balancing the value of the business resulting from this very small market against the risks and costs, we fear that insurance companies would make an obvious business decision and perhaps walk away from this market. In the last sitting, I tabled a letter from the president of the Canadian Life and Health Insurance Association dated March 5th, and in carefully guarded language, it suggests this very prospect. The letter states that "if the Northwest Territories were to adopt such an approach, it could put the territory very much offside the prevailing market rules across Canada and could negatively affect accessibility to affordable insurance products to the residents of the Northwest Territories going forward."

If insurance companies do withdraw from the NWT market, it is not open to our residents to purchase life, health, or disability insurance in another jurisdiction. Insurance can only be issued by a company licensed in accordance with the laws of the jurisdiction of the applicant's residence, in this case, the NWT Insurance Act. Our residents would have no option to look elsewhere to buy insurance.

It is worth noting that this concern stretches beyond individual applicants seeking life, health, or disability insurance, but to those participating in group plans, such as employees in our public service. Our research has shown that some of the benefits now made available as supplemental options are based on the provision of individual information that might also be offside the amended Human Rights Act. For that reason, Cabinet will be opposing this motion. Thank you.