Debates of August 20, 2007 (day 13)
Powers Of The SCAN Investigators
Thank you, Mr. Speaker. The powers of the investigators were seen as excessive by many of the presenters. One Member cited the provisions empowering SCAN investigators to obtain government records without a warrant and to share their information with the RCMP. The question then becomes whether the investigators could become nothing more than a tool for the RCMP to circumvent the existing justice system.
Another area of concern for some presenters and Members is the capacity of our government to manage and administer what is essentially its own armed and uniformed investigative force.
A case could be made for arming investigators in southern Canada, given the propensity for some gangs to use violence, however, it is not clear there is a demonstrable need for armed officers in the NWT. Some Members believe that if there is potential for violence, the RCMP should be called in.
Communities and Members also had concerns with the powers available to the SCAN office and their ability to determine the level of “punishment” each person determined to be in contravention of the SCAN legislation would receive.
Mrs. Eileen Beaver of Fort Smith offered the following observation on SCAN. “It reminds me of the Indian Act. A long time ago, if your dad signed out of treaty to drink, so was your wife and all of your kids, and this is the same type of act you are bringing forth.”
A written submission from the NWT Human Rights Commission also expressed concerns with the broad powers that the director will have, without any corresponding accountabilities. This was mentioned as one of the many reasons that the NWT Human Rights Commission recommended that the Assembly not pass the Safer Communities and Neighbourhoods Act.
Members are not willing to support the discretionary powers available to SCAN officers without an extensive rewrite curtailing these powers or some other mechanism that clearly establishes a progressive disciplinary regime for SCAN offenders.
Mr. Speaker, at this time I would like to pass it over to my colleague from Great Slave, Mr. Braden.