Debates of January 20, 2004 (day 1)

Item 5, recognition of visitors in the gallery. The honourable Member for Great Slave, Mr. Braden.

Thank you, Mr. Speaker. I too would like to recognize Karen Hamre, my opponent from the most recent territorial election, and also Mr. Pierre LeBlanc, formerly of the Canadian Armed Forces, one of the commanders and now a very valued member of the business community in the resource section. Thank you, Mr. Speaker.

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Item 5, recognition of visitors in the Gallery. The honourable Member for Weledeh, Mr. Handley.

Thank you, Mr. Speaker. I’d also like to recognize two constituents. First of all, Major Karen Hoeft with the Salvation Army and a constituent; also Pierre LeBlanc with Canadian Diamond Consultants and one of my constituents. Thank you, Mr. Speaker.

---Applause

Welcome to the House. Item 5, recognition of visitors in the gallery. The honourable Member for Nahendeh, Mr. Menicoche.

Thank you very much, Mr. Speaker. I’d like to recognize my sister, Lorayne Menicoche-Moses. Thank you very much.

---Applause

Item 5, recognition of visitors in the gallery. The honourable Member for Tu Nedhe, Mr. Villeneuve.

Thank you, Mr. Speaker. I’d like to recognize a prominent member of the Akaitcho Territory Government who was up there earlier, I am not sure if he is there now, but Mr. Peter Liske.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, I am following up on my Member's statement today and being the very fair person that I am I wanted to give Mr. Miltenberger a chance to perhaps clear up any misconceptions, apprehensions, fears that may be out there in the public with respect to the direction that his department may be going with the health board. I would like to ask the Minister if he could tell what perhaps precipitated this report that appeared in the media today and is there anything going on in the department right now, specifically and recently in this direction? Thank you.

The honourable Minister of Health and Social Services, Mr. Miltenberger.

Return To Question 1-15(2): Minister’s Comments On Board Restructuring

Thank you, Mr. Speaker. Mr. Speaker, the interviewing question was precipitated around the issue of the Stanton board and an update in terms of what was happening with the Stanton board that dissolved prior to the end of the 14th Assembly. A decision was made to leave it empty for the life of the 14th Assembly, because it was anticipated there would be a broad review of governance of boards and agencies at the start of the 15th Assembly. I was asked what the status was; I indicated that the plan was still the same, that there was no plan to change the current arrangement where we have a CEO reporting to a public administrator, and that the issue of boards and agencies and governance was an issue of interest to the legislature of the 15th Assembly, and that we were currently in the process of deciding how we intended to address the issue. I was asked if we were intending to use southern consultants. I indicated no, we weren't, and in fact that there was some work from the 14th Assembly that was on its way to conclusion; that specifically being the review of the Dogrib Community Services Board, which is a board that has been in place now for a number of years, and in fact where health and social services and education are delivered under one board. I indicated that, in fact, that review would be part of the decision-making information that's put on the table for the legislature in terms of what we were going to do to address the broader issue.

Mr. Speaker, that was my recollection of the interview. As I indicated, the issue was precipitated by a question about what is happening with the Stanton board. Thank you.

Supplementary, Mrs. Groenewegen.

Supplementary To Question 1-15(2): Minister’s Comments On Board Restructuring

Thank you, Mr. Speaker. Thank you for that answer. I would like to, without getting into debating the merits of health boards versus community service boards, just ask the Minister to outline for us what process would be undertaken if this were to become a topic of discussion. What kind of consultation would take place, and would it take into account the direction and aspirations of some of the self-government negotiations currently underway? Thank you.

Thank you, Mrs. Groenewegen. I heard two questions there. Mr. Minister.

Further Return To Question 1-15(2): Minister’s Comments On Board Restructuring

Thank you, Mr. Speaker. Mr. Speaker, clearly as a legislature we have not come to grips with the specific plans of action for a lot of these broad areas. I indicated to Ms. MacDougall that in fact it was an issue before the legislature and we were still in relatively early days and we hadn't come to any decision on how we wanted to proceed on reviewing that issue, but the intent was to address this issue hopefully in the coming months. So regardless of what approach is taken, clearly it will come before this House. It will be at the direction and understanding of this House how we're going to proceed, and will involve consultation, it will involve clearly accommodating whatever self-government arrangements are currently in existence or will be coming into existence. Thank you.

Final supplementary, Mrs. Groenewegen.

Supplementary To Question 1-15(2): Minister’s Comments On Board Restructuring

Thank you, Mr. Speaker. Mr. Speaker, just in view of how much education and health services do impact people's lives, I wonder if the Minister would commit to this House and to the public to defer any further discussion and work on this until perhaps we could put it on the agenda of the Circle of Northern Leaders meeting that we anticipate we'll be having, so that a broad direction could be set in reference to this as a governance issue. Thank you.

Minister of Health and Social Services.

Further Return To Question 1-15(2): Minister’s Comments On Board Restructuring

Thank you, Mr. Speaker. Mr. Speaker, the one piece of work that is drawing to a conclusion is the review of the Dogrib Community Services Board. At this point, as I've indicated, we haven't as a legislature agreed on any particular course of action. So clearly we are not going to be moving until that is clear. I, as Minister, will be coming back to Cabinet with the results of the review. We've heard the concern of the Member, and clearly we have some work to do before we're ready to move in any particular direction. Thank you.

Thank you, Mr. Speaker. Mr. Speaker, my questions today are for the Minister of Justice, the Honourable Charles Dent. As I stated in my Member's statement, the Honourable Chief Judge Robert Halifax retired in the fall after some 26 years of distinguished service to the North. In view of the fact that this has created a vacancy in Hay River, and indeed in the judicial system in the North, could the Minister explain to this House what his role is in filling this vacancy created by the retirement of the resident judge in the South Slave? Thank you, Mr. Speaker.

Minister of Justice, Mr. Dent.

Return To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, the Territorial Court Act establishes the process for the appointment of territorial judges. Basically, there is a Judicial Appointments Advisory Committee which is established by the act. The chief judge chairs it, and the membership consists also of the senior territorial judge, four members of the public appointed by the Commissioner in Executive Council, and two lawyers appointed by the Law Society. The committee advertises the vacancy, reviews the applications, assesses the qualifications of candidates, and in confidence gives the Commissioner in Executive Council a ranked list of the candidates it recommends with brief supporting reasons. Cabinet then can consider for appointment only those candidates who are on that list and recommended by the committee. The act does not compel the Executive Council to accept the recommended candidates, but we're not sure because the act is silent regarding what the process would be if that was not followed.

In terms of the residence of the judge, the Territorial Court Act does provide that appointment may specify the location at which a judge must reside. Thank you, Mr. Speaker.

Supplementary, Mr. Delorey.

Supplementary To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, in view of the fact that the Minister has to go to Cabinet with this, could the Minister please advise the House as to who his informers/advisors are on what kind of recommendations you'll go to Cabinet with? Who are his informers? Thank you, Mr. Speaker.

Minister of Justice.

Further Return To Question 2-15(2): Resident Justice Vacancy In Hay River

Mr. Speaker, as I said, the committee will recommend a list of people that must be presented to Cabinet. It's not up to the Minister to make any sort of recommendation at all. In fact, the Minister does not make a recommendation as to the appointment of a judge. The Minister only presents the letter that is provided by the committee to Cabinet, and then Cabinet as a whole will make a selection. Thank you, Mr. Speaker.

Supplementary, Mr. Delorey.

Supplementary To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, in view of the fact that this part of the judicial system in the North especially affects the residents of the South Slave, what consultation has the Minister done, or does he intend to do, in helping him make a decision as to where the resident judge should be placed? Thank you, Mr. Speaker.

Minister of Justice, Mr. Dent.

Further Return To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, the chief judge will provide some advice on this issue, as likely will the committee that's going to be making some recommendations. All of the information will be based on the workload that is found in whatever regions we have in the Northwest Territories, so it's not an issue of consultation. I have been contacted by Members of this House, I have been contacted by the mayor of Hay River and by the president of the Chamber of Commerce, so I have heard from people about the interest as to where the position would be located. I will ensure that, when this is considered, all the information is put before my Cabinet colleagues, then the decision will be made.

Final supplementary, Mr. Delorey.

Supplementary To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. Mr. Speaker, I would hope that the Minister would make sure that he has all the accurate information in front of him on all aspects of this issue before he makes a decision. It is my understanding in reading the act that the Minister can make a recommendation to Executive Council when he does present a short list to council. Would the Minister commit that he recommends that this resident judge be placed in Hay River or in the South Slave? Thank you, Mr. Speaker.

Minister of Justice, Mr. Dent.

Further Return To Question 2-15(2): Resident Justice Vacancy In Hay River

Thank you, Mr. Speaker. My advice isn't that I can make a recommendation about who should be hired. It is clearly a decision of Cabinet, that a location or residence can be stipulated. But as Attorney General for the Northwest Territories, part of my responsibility is to present the case that the judges bring forward, as well. So I have to present the arguments that are given to me by the chief justice and advocate on their behalf, as well as keeping in mind the political sensitivities around the issue. I think that the Members can be assured that Cabinet will have all of the facts before them and will consider this appointment very carefully.

Thank you very much, Mr. Speaker. With regard to my Member's statement, I’d like to ask the Minister of RWED for the GNWT’s current strategy for coordinating the GNWT activities relating to a pipeline being built down the Mackenzie Valley.

The honourable Minister of Resources, Wildlife and Economic Development, Mr. Bell.

Return To Question 3-15(2): Mackenzie Valley Pipeline Opportunities

Thank you, Mr. Speaker. With regard to the Member’s statement, the Member is certainly correct that this is one of the bigger challenges this government faces. He referenced the pipeline readiness office that DIAND has brought forward, and that is certainly something and a development that we are looking to work with. We do have the Mackenzie Valley preparedness division of RWED that is working in connection with the pipeline readiness office, and obviously there is a lot of collaboration that has to go on in order to make sure that residents are able to take care or take advantage of the economic development opportunities that will be coming their way. The Member referenced the community futures program. That is something that we believe is a cornerstone of economic development in the Northwest Territories, but it has been grossly underfunded historically. I think the Member knows that in the transfer with HRD in the early 90s, insufficient funding was transferred to cover all of the regions in the Northwest Territories. We have added to that pot with our own funds. The Business Credit Corporation has also made loans available to the community futures program at simply our borrowing cost. So we have been working with the community futures program to make sure that it meets as many needs as possible with residents of the Northwest Territories, specifically in this area to take advantage of economic development opportunities relating to the pipeline. Thank you.

Supplementary, Mr. Menicoche.

Supplementary To Question 3-15(2): Mackenzie Valley Pipeline Opportunities

I’d just like to ask the Minister, Mr. Speaker, if the government is going to create some kind of readiness offices or something similar in the near future. Thank you.

The honourable Minister of Resources, Wildlife and Economic Development, Mr. Bell.

Further Return To Question 3-15(2): Mackenzie Valley Pipeline Opportunities

Thank you, Mr. Speaker. This is something that we are having internal discussion about with the Mackenzie Valley development planning office of RWED that is heading up the government’s efforts in this regard, but we do have a committee of deputy ministers that is working on the government response and we have done a number of things in collaboration with DIAND already and the pipeline readiness office. I don’t know if the Member is aware, but both RWED and DIAND did contract the McLeod Institute to look at options for collaborative approaches and strategies to manage impacts and take advantage of economic development opportunities caused by oil and gas development. We have also, as a government, hired a consultant to help us develop a clear and achievable 2003 strategic action plan to take advantage of the opportunities as well. So we have had a lot of discussion about working in closer collaboration with the pipeline readiness office and these are discussions that are ongoing, but we do recognize the need to make sure that we have folks on the ground to help our residents take advantage of opportunities that come their way. Thank you.

Thank you, Mr. Speaker. Mr. Speaker, my question is for the Minister responsible for the Financial Management Board, I believe it is Mr. Roland. Mr. Speaker, my question has to do with a dispute that has existed between correctional officers in our facilities in the North and the GNWT as an employer. It is too complicated to go into, but this is something that a lot of my constituents have brought up and it has to do with the dispute between the government and the correctional officers on the pay scale. The dispute got to the stage where it got to the arbitration and, in the last conversation I had with the government, the government has made it clear that it would follow whatever the arbitrator’s decision might be. So it was with great pleasure that I saw a notice on January 15th that the arbitrator ruled in favour of the employer. I would like to know whether or not the Minister has addressed his mind to this issue, and to get his commitment that he will follow the arbitrator’s decision. Thank you, Mr. Speaker.

The Minister responsible for the Financial Management Board Secretariat, Mr. Roland.

Return To Question 4-15(2): Correctional Officers' Pay Scale Dispute

Thank you, Mr. Speaker. Mr. Speaker, the Member is correct. Arbitration has been dealt with and we have gotten the decision. I myself have had a chance to just look at it briefly, but I intend to bring it forward to FMBS to have a decision on that and we will notify the Member as soon as we have that decision made. Thank you.

Supplementary, Ms. Lee.

Supplementary To Question 4-15(2): Correctional Officers' Pay Scale Dispute

Thank you, Mr. Speaker. Mr. Speaker, in keeping with the spirit of cooperation and working together, and knowing that the Cabinet Ministers are messengers for the Members to take our messages to Cabinet, could I get the commitment from Minister Roland that he would do his job to convince the FMBS or the board that he is going to be meeting with that the just thing, and the right thing is to follow these arbitrations and to pay these correctional officers the retroactive pay they have been without and the arbitrator has ruled to be in their favour? Thank you, Mr. Speaker.