Debates of June 8, 2006 (day 8)

Thank you, Mr. Yakeleya. Mr. Miltenberger.

Further Return To Question 85-15(5): Aboriginal Wellness Services Available At The Stanton Territorial Hospital

Thank you, Mr. Speaker. We have about $185,000 identified in this year’s budget and there is about a quarter of a million dollars identified for next year. Part of the plan is to get the advisory group of elders from the regions who will be working with Stanton to start laying out some of the things we want to do that are currently in existence or how we are going to possibly better enhance things that we are already doing. I know in other jurisdictions like Whitehorse, they have special arrangements for families, especially in palliative cases. That type of improvement is definitely an option if it’s brought forward by the elders. We will work collectively with this House, and the advisory group and Stanton to see what’s possible and build into our planning these issues and these projects so that we can take it through the planning process and access resources over time. Thank you.

Thank you, Mr. Miltenberger. Supplementary, Mr. Yakeleya.

Supplementary To Question 85-15(5): Aboriginal Wellness Services Available At The Stanton Territorial Hospital

Thank you, Mr. Speaker. We have our regional health boards established across the North here. Speaking more specifically to the Sahtu health board, how is the Sahtu regional health board going to be involved in the territorial Stanton initiative in terms of involvement and input? I know you talk about the elders and that’s a key component to the success of this initiative. In terms of our regional health boards and specifically the Sahtu regional health board, will they have input into this initiative? Thank you.

Thank you, Mr. Yakeleya. Mr. Miltenberger.

Further Return To Question 85-15(5): Aboriginal Wellness Services Available At The Stanton Territorial Hospital

Thank you, Mr. Speaker. The Joint Leadership Council, which comprises of all the board chairs from the authorities, the deputy minister and myself, are going to be paying very close attention to this initiative. As well, all the CEOs are involved through the Joint Senior Management Committee to oversee a lot of the detailed program implementation piece. The CEO of Stanton will be working closely with the Elders’ Advisory Council and there will be a representative from the Sahtu on that and they will be providing that kind of advice, so we can see how we move forward from here. Thank you.

Thank you, Mr. Miltenberger Final supplementary, Mr. Yakeleya.

Supplementary To Question 85-15(5): Aboriginal Wellness Services Available At The Stanton Territorial Hospital

Thank you, Mr. Speaker. This is really a good news story for the department in the way you are looking at this approach in terms of our health in the Northwest Territories. I want to ask the Minister, when will we see an elderly residence at the Stanton Territorial Hospital?

Thank you, Mr. Yakeleya. Mr. Miltenberger.

Further Return To Question 85-15(5): Aboriginal Wellness Services Available At The Stanton Territorial Hospital

Thank you, Mr. Speaker. As I indicated to the Member earlier today, we intend to have the formal letters out, signed by the CEO of Stanton, inviting the elders from the regions to gather, so that we can start this process and start the good work to implement all the different facets and aspects of the aboriginal wellness and healing that we want to see incorporated first in Stanton and then across the system as we get better at this. Thank you.

Thank you, Mr. Speaker. Mr. Speaker, I would like to ask a couple of questions of Mr. Dent as the Minister -- a couple of questions perhaps, as many as the Speaker will allow -- of the Workers’ Compensation Board of the NWT and Nunavut. Last December, the Supreme Court of the Northwest Territories ruled on the case of Mr. Ivan Valic, an injured worker and his efforts to have a new hearing before a reconstituted appeals tribunal. In that time, in that approximately five months, there have been some procedural issues regarding finding impartial panel members to appoint to such a tribunal. The tribunal advertised for qualified people. The deadline for those applications was May 31st. I wanted to ask the Minister whether qualified people have come forward and, if so, will the appeals tribunal be able to proceed post-haste with Mr. Valic’s rehearing, Mr. Speaker?

Thank you, Mr. Braden. The honourable Minister responsible for Workers’ Compensation Board, Mr. Dent.

Return To Question 86-15(5): Status Of Ivan Valic’s WCB Tribunal Rehearing

Thank you, Mr. Speaker. Yes, I would say we have received a number of qualified applicants that we can consider for filling the vacant public interest position. It is my intention to attempt to consider them as quickly as possible in concert with the Minister of Nunavut. We have been in touch with his office several times in the past week since the receipt of all of the applicants. We are hoping that very shortly we will be able to make an appointment to the vacant public interest position. Thank you.

Thank you, Mr. Dent. Supplementary, Mr. Braden.

Supplementary To Question 86-15(5): Status Of Ivan Valic’s WCB Tribunal Rehearing

Thank you, Mr. Speaker. I would like to ask the Minister has he communicated the urgency of this situation, the pressing nature of the requirement to have this panel assembled and this hearing implemented, Mr. Speaker?

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 86-15(5): Status Of Ivan Valic’s WCB Tribunal Rehearing

Thank you, Mr. Speaker. The Nunavut Minister is aware that I would like to move on this issue fairly quickly or very quickly. We still have to take due diligence with reviewing the applications that have been received. I will be asking the chair of the appeals tribunal to comment on the application and get that information back to me and I will work with the Minister from Nunavut to move as quickly as we can. It is something that we will advance as quickly as we can. Thank you, Mr. Speaker.

Thank you, Mr. Dent. Supplementary, Mr. Braden.

Supplementary To Question 86-15(5): Status Of Ivan Valic’s WCB Tribunal Rehearing

Thank you, Mr. Speaker. Mr. Speaker, given that this is a specialized task and the appointment of the new tribunal member will require some orientation, some training, some familiarization with the job. All things considered, I am wondering if I can get some sense of when we would be able to see this hearing date actually set for this tribunal hearing, Mr. Speaker.

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 86-15(5): Status Of Ivan Valic’s WCB Tribunal Rehearing

Thank you, Mr. Speaker. I am afraid I can’t give a specific date or even a range of dates at this point, because once we have the new person selected, they have to be formally appointed to that position. Then, as the Member has rightly pointed out, there needs to be a process of them learning how to do their job properly. It’s unlikely that would happen within a matter of days. It will probably take a couple of weeks for somebody to get their training. Then when everything is ready, we will have to contact the lawyer for the appellant to see when they are going to be available, when the appellant is going to be available. There will be a number of people that will have to then be brought together and we will have to mesh all of those schedules. I assure the Member that the appeals tribunal is very interested in dealing with this issue and getting it dealt with as quickly as possible, and we will make every effort to move this to the rehearing of the appeal in short order.

Thank you, Mr. Speaker. My questions today are for the Honourable Brendan Bell, Minister of Justice. It gets back to my Member’s statement from earlier today. I know Father’s Day is about 10 days away and Mrs. Groenewegen made a very nice statement today in respect to fathers, and the observance of Father’s Day, and what a father means in a person’s life. I commend her for doing that today.

I wanted to ask the Minister if he’s aware that under the current conditions that are in place, father’s can actually be forced out of their children’s life, oftentimes because of false allegations? It seems that we have a court system that allows this to happen. I would like to ask the Minister if he is aware of the situation that is at play. Thank you, Mr. Speaker.

Thank you, Mr. Ramsay. The honourable Minister of Justice, Mr. Bell.

Return To Question 87-15(5): Shared Parenting Legislation

Thank you, Mr. Speaker. First, let me wish fathers across the Northwest Territories and in this House Happy Father’s Day. I appreciate a couple of very heart-warming statements from Members today on that. That was very nice.

Mr. Speaker, yes, obviously last resort in these very difficult situations deciding on a parenting arrangement after a marriage has broken up, the last resort should be the court system. We are very concerned about it. As the Member pointed out in his statement, when these dealings end up being overly litigious and very confrontational and long and drawn out, it is certainly in nobody’s best interest, least of all, obviously, the children involved, Mr. Speaker. So we are concerned with that.

We are doing a number of things in our programming and we get a contribution agreement from the federal government to assist and help us with some family law initiatives, but there are a number of programs we have underway. One of the interesting ones is a pilot project with a local lawyer who’s been working out of Hay River and Yellowknife, and also done a number of these by conference call and video conference, but around mediation and helping people avoid the court system in these situations. I think that is the goal and we need to do more of that. So yes, we are very much aware, Mr. Speaker, that the court system is not the best answer and the best result for dealing with these very difficult situations. Thank you.

Thank you, Mr. Bell. Supplementary, Mr. Ramsay.

Supplementary To Question 87-15(5): Shared Parenting Legislation

Thank you, Mr. Speaker, and I thank the Minister for his response. Perhaps if the Minister, and he probably may have already had a look at the report entitled For the Sake of the Children, which was commissioned by the federal government a number of years ago, that looked into this very issue and for whatever reason this type of legislation that defaults to equal shared parenting hasn’t proceeded in Canada. I’m wondering if the Minister hasn’t discussed this issue of equal shared parenting with the new Justice Minister Vic Toews, I’m wondering if and when he may be able to have that type of discussion with the Justice Minister. Thank you.

Thank you, Mr. Ramsay. Mr. Bell.

Further Return To Question 87-15(5): Shared Parenting Legislation

Thank you, Mr. Speaker. I haven’t discussed this specific issue with the Minister. I have met with him the one time in Ottawa to talk about a couple of issues and to agree that we needed to sit down and talk about a number of different things and a number of different files more comprehensively. But my officials at a senior official level are involved across the provinces and territories at a working group level. We have something called a coordinating committee of senior officials on family law, which meets frequently to discuss issues, projects, legislative changes. So I know that this is one of the issues that they have been discussing, and legislative change, legislative evolution I know happens very slowly and oftentimes much too slowly for those who are dealing with these very painful issues. I will tell the Member that it’s certainly on the national radar and continues to be discussed at a number of forums. Thank you, Mr. Speaker.

Thank you, Mr. Bell. Supplementary, Mr. Ramsay.

Supplementary To Question 87-15(5): Shared Parenting Legislation

Thank you, Mr. Speaker. Mr. Speaker, I think the Justice Minister of the Northwest Territories has a perfect opportunity to become a champion and a voice for equal shared parenting. I know there’s legislation that’s in the work in countries like I mentioned, Italy, Belgium, Australia and the United Kingdom. I’d like the Justice Minister today, if he could, to make a commitment to bring the issue back to the table when he gets together with his counterparts, the other Justice Ministers from around this country, to make sure that equal shared parenting is on the agenda, front and centre, so that fathers aren’t left not being able to see their kids and spend time with their kids. Thank you, Mr. Speaker.

Thank you, Mr. Ramsay. Mr. Bell.

Further Return To Question 87-15(5): Shared Parenting Legislation

Mr. Speaker, I will certainly acknowledge that children are best served by having both parents in the home, having access and contact with both parents. Ideally that’s what we strive for and our legislation should allow for that, Mr. Speaker. Certainly at my earliest opportunity, when I sit down with my colleagues from across the country, I will talk about the need for our legislation to uphold those principles. Obviously we all believe that the best needs of…the best interests of the children have to come first and children should, obviously, have as much contact with both parents as long as this is in the children’s best interest, Mr. Speaker. So those are principles that need to be upheld, first and foremost, and I will certainly raise that issue with my colleagues across the country. Thank you, Mr. Speaker.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, my questions will be directed to the Minister of Health and Social Services and I’ll be asking him questions regarding the spirit and intent of the act that empowers this Minister. So, Mr. Speaker, knowing, as I said, the spirit and intent of the act recognizes health authorities, maybe we could trouble the Minister today to explain to us where in this act it shows that he should be the chair of Stanton Territorial Hospital when it talks about appointments of board members to hospital boards. Thank you, Mr. Speaker.

Thank you, Mr. Hawkins. The honourable Minister responsible for Health and Social Services, Mr. Miltenberger.

Return To Question 88-15(5): Minister’s Involvement In The Stanton Territorial Hospital Board

Thank you, Mr. Speaker. In the current legislation there is provision in legislation for boards, for authorities, including Stanton. There is also provision for what happens when there is no board, as there is in this case. What happens then is there’s a public trustee to be appointed, which there has been, and that has been the deputy minister. The CEO then reports to the deputy minister. That’s the legal arrangement that currently exists with Stanton within the framework parameters of the current legislation. Thank you.

Thank you, Mr. Miltenberger. Supplementary, Mr. Hawkins.

Supplementary To Question 88-15(5): Minister’s Involvement In The Stanton Territorial Hospital Board

Thank you, Mr. Speaker. Well, the Minister is correct, because it uses the word “may.” You know, the Minister may establish a board. But we’re talking about the spirit and the intent of the act. Because what’s evolved out of this process of once the board has dissolved, he’s right; the trustee has been made trustee for life. It’s time that we get on and appoint a public board. The spirit and the intent of the act does not describe sort of a relationship where the Minister should sit as the board chair. So, Mr. Speaker, maybe the Minister could then refer to me where this is not considered a conflict, whereas he’s the Minister, the overall seer of the board through the act, and so sitting as a chairperson how could we not see this through the act that he is in conflict? Thank you, Mr. Speaker.

Thank you, Mr. Hawkins. The questions are starting to lead towards the Minister giving his opinion and I don’t know if that’s a proper question to be asking a Minister of his own opinion and things. I don’t know if the Minister wants to answer that question. Mr. Miltenberger.

Further Return To Question 88-15(5): Minister’s Involvement In The Stanton Territorial Hospital Board

Mr. Speaker, I just reiterate my previous information, which is the current legislation allows for when there’s no board that the public administrator be appointed, which there has been, and that is the deputy minister. That is the legal arrangement that currently exists. Outside of that legislation we have the creation of the Joint Leadership Council, which I sit on with all the board chairs as does the deputy minister. But the legal arrangement is the CEO reports to the public trustee, which is in place and has been done by the current legislation. Thank you.

Thank you, Mr. Miltenberger. Supplementary, Mr. Hawkins.

Thank you, Mr. Speaker. Well, it’s in my view that there seems to be some difficulty. I see this as a conflict, in my humble opinion. Although I’m not a lawyer, and I just, you know, I don’t have those skills to define that, but I see it as a perceived concern where the Minister sits there. I’d like to see where the Minister shows me in the act of a timely way and mechanism for the reappointment of a board that’s an independent public board. Thank you, Mr. Speaker.

Thank you. The Chair is going to caution the Member that in referring to conflicts of interest there is a process in place for dealing with conflict, whether perceived or not. I think again, asking the Member for his opinion on how it fits into the act is…I’m going to ask the Member if he wants to rephrase a supplementary question. I’m not going to go to the Minister with that one. Mr. Hawkins.

Supplementary To Question 88-15(5): Minister’s Involvement In The Stanton Territorial Hospital Board

Thank you, Mr. Speaker. I’ll pay specific note to that. My apologies in that regard. Mr. Speaker, if I rephrase my question it is, how does the Minister show the true independence of a health board by him not sitting on the board as chairperson and still being a sitting Minister? Thank you, Mr. Speaker.

Again, asking the Minister for his opinion. We’ll allow the Minister, if he wants to answer or doesn’t have to answer that question. Mr. Miltenberger.

Further Return To Question 88-15(5): Minister’s Involvement In The Stanton Territorial Hospital Board

Mr. Speaker, what my intention is, as Minister is, to maintain the current arrangement where there’s a public trustee that’s going to oversee, that the CEO’s going to report to. The JLC’s going to continue and on our legislative agenda is a review and updating and revising of the legislation that governs all the authorities and boards because it is out of date and needs work. But for the foreseeable future I intend to carry on with the arrangement we do have. I believe Stanton is functioning very effectively and the board chairs that I deal with on a regular basis seem quite pleased with the arrangement, as are most people that I’ve talked to. Thank you.

Thank you, Mr. Miltenberger. Final Supplementary, Mr. Hawkins.

Supplementary To Question 88-15(5): Minister’s Involvement In The Stanton Territorial Hospital Board

Thank you, Mr. Speaker. Well, I can truly understand why the Health Minister would say that his perspective is the board, or I should say Stanton is functioning quite well, because he’s sort of running it. So through the deputy minister. So why would he think anything else? I guess, really, my final question, Mr. Speaker, in a timely way will be, would the Minister do the right thing and eliminate any concerns that I’ve arisen here, whether implied or not? Would he appoint, in the spirit and intent of the act, an independent board; I don’t have a problem with the JLC, but an independent board with an independent chair? Thank you, Mr. Speaker.