Debates of March 2, 2006 (day 40)

Mr. Speaker, my questions this afternoon are for Mr. Dent as the Minister responsible for the Workers’ Compensation Board of the Northwest Territories and Nunavut. Mr. Speaker, our Workers' Compensation Board spends dollars, significant dollars, and retains a substantial legal talent to apply and interpret the rules and implement the procedures that hit holes when considering the cases of injured workers who bring claims before it. But Mr. Speaker, one injured worker at least has had to endure significant procedural steps and a significantly long period of time in order to get, potentially, some resolve. The trouble is, Mr. Speaker, that he had to go to the Supreme Court of the Northwest Territories, not the Workers' Compensation Board’s own, as I say, I think very well funded and very largely staffed legal and appeals tribunal. Mr. Speaker, why did this worker have to go all the way to the Supreme Court to hold the WCB accountable?

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

Return To Question 501-15(4): WCB Chronic Pain Policy

Thank you, Mr. Speaker. I think it’s worth noting that in 2001 this worker, through the worker's advisor, approached the governance council and asked that a ruling of the appeals tribunal be reviewed. The governance council at that time agreed that it needed to be reviewed and it was the governance council itself that directed the appeals tribunal to rehear the case, but the appeals tribunal felt that it wasn’t appropriate for it to rehear the case and, based on that, it got bounced back. So the worker followed the process of going to the courts and having the court rule that the appeals tribunal should again hear the case. Thank you, Mr. Speaker.

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

Supplementary To Question 501-15(4): WCB Chronic Pain Policy

Mr. Speaker, what actions will the governance council of the WCB take to address the shortcomings in its chronic pain policy, Mr. Speaker?

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 501-15(4): WCB Chronic Pain Policy

Thank you, Mr. Speaker. At the time this case was taken to the courts and the policy that applied to the case goes back to before there was a clear policy in place from the WCB. The WCB has, since the Martin case in the Atlantic provinces in 2004, adopted a policy around chronic pain. What they have done since adopting that policy is direct their council to approach the courts to ensure that that policy is in compliance with the Charter and all court decisions. They have committed, at their most recent meeting, to revise the policy if anything is found wanting in it.

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

Supplementary To Question 501-15(4): WCB Chronic Pain Policy

So, Mr. Speaker, the court is going to come up with rules regarding chronic pain and how it’s applied, not our own governance council, our own potentially Legislative Assembly, our own stakeholders. Is this responsible governance to go back to the court to tell them, to ask them to set our policy? Mr. Speaker.

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 501-15(4): WCB Chronic Pain Policy

Thank you, Mr. Speaker. I didn’t say that the courts were going to set the policy. I said that the governance council had set a policy in place and they were going to the courts to seek a reference to ensure that their policy is compliant with the Charter of Rights and is in compliance with previous rulings of other courts in Canada. I want to be perfectly clear that the WCB policy does allow for chronic pain sufferers to be allocated a pension, whether a temporary or partial pension or total disability pension. Those are all possible right now. What the WCB is doing, though, is making sure that the policy is entirely compliant with all the rules that would govern a policy of this sort in Canada.

Thank you, Mr. Dent. Final supplementary, Mr. Braden.

Supplementary To Question 501-15(4): WCB Chronic Pain Policy

Mr. Speaker, would the Minister or would the WCB, through the Minister, make available to this Assembly, and to the stakeholders, and the public, the draft or the proposed policy that it is going to submit to the courts to see indeed if the policy fits the needs of the stakeholders and not only the courts, Mr. Speaker?

Thank you, Mr. Braden. Mr. Dent.

Further Return To Question 501-15(4): WCB Chronic Pain Policy

Thank you, Mr. Speaker. As I said earlier, this is not a draft policy at this point. It was adopted by the governance council in 2004 and I would point out that the governance council is made up of stakeholders from the people in the Northwest Territories. Business representatives, employer representatives, employee representatives make up the governance council. The answer to the direct question is, yes, I will make sure the Member and all Members get copies of the policy.