Debates of May 17, 2007 (day 9)

Good afternoon, colleagues. Welcome back to the House. The honourable Member for Monfwi, Mr. Lafferty.

Mahsi, Mr. Speaker. Mr. Speaker, I rise in this House today to raise a point of personal privilege. Mahsi.

Mahsi, Mr. Speaker. Mr. Speaker…(Translation)…Members of the Legislative Assembly are often called upon to represent and show support for their constituents in a wide variety of situations. It is a fundamental part of our job that every issue, every complaint and every person should get equal attention from his or her MLA.

Last week, I wrote a letter calling for a lenient sentence for a constituent convicted of sexual assault. It was not my intention to condone the actions of this man or in any way make light of the seriousness of his crime. Sexual assault and other acts of violence, particularly against women, are inexcusable. Every person who is in a position of leadership must condemn such acts without hesitation or qualification.

My letter was not intended to lessen the seriousness of this crime or its impact on the victim. Rather, my intention was to act for the well-being of the other victims, the family who rely on his income for support.

Mr. Speaker, I now realize that this letter showed a lack of sensitivity for the victim, who showed great courage to press charges in the first place. I also understand that letters such as these send a message that acts of violence against women are acceptable or less serious than other crimes. They are not.

Mr. Speaker, I wish to offer my sincere apology to the victim for my lack of sensitivity and poor judgement. I also wish to apologize for any additional pain and suffering my actions have caused her family. Leaders must not only support those who request help, but also fully contemplate the implications of their actions on others. I will do my best to meet the standards in the future. Thank you, Mr. Speaker, and thank you, Members. (Translation ends)

Members of the Legislative Assembly are often called upon to represent and show support for their constituents in a wide variety of situations. It is a fundamental part of our job that every issue, every complaint and every person should get equal attention from his or her MLA.

Last week, I wrote a letter calling for a lenient sentence for a constituent convicted of sexual assault. It was not my intention to condone the actions of this man or in any way make light of the seriousness of his crime. Sexual assault and other acts of violence, particularly against women, are inexcusable. Every person who is in a position of leadership must condemn such acts without hesitation or qualification.

My letter was not intended to lessen the seriousness of this crime or its impact on the victim. Rather, my intention was to act for the well-being of the other victims, the family who rely on his income for support.

Mr. Speaker, I now realize that this letter showed a lack of sensitivity for the victim, who showed great courage to press charges in the first place. I also understand that letters such as these send a message that acts of violence against women are acceptable or less serious than other crimes. Mr. Speaker, they are not.

Mr. Speaker, I wish to offer my sincere apology to the victim for my lack of sensitivity and poor judgement. I also wish to apologize for any additional pain and suffering my actions have caused her family. Leaders must not only support those who request help, Mr. Speaker, but also fully contemplate the implications of their actions on others. Mr. Speaker, I will do my best to meet the standards in the future. Mahsi, Mr. Speaker. Mahsi, Members.

Thank you, Mr. Lafferty. Before I go to the orders of the day, colleagues, I would like to draw your attention to the gallery and the presence of a former Member of this House, former Speaker Sam Gargan.

---Applause

Thank you, Mr. Speaker. Good afternoon. On June 15th, NWT seniors will recognize World Elder Abuse Awareness Day, which has the theme of My World, Your World, Our World, Free of Elder Abuse. Sadly, 80 percent of abuse or neglect of older adults goes unreported. Many NWT seniors feel isolated and alone, even when they have family visiting regularly.

Also next month, we will celebrate Seniors' Week from June 16th to June 27th. Seniors’ Week is an opportunity for us to take some time to recognize the importance of seniors in our northern communities. The theme this year, Seniors Helping Seniors, reflects how seniors work together to improve the lives of others by sharing experience and values.

These two themes go hand in hand. Seniors are often the only ones in a community who have the trust of other seniors, and they must help each other access the help they need. Because of their shared experience, seniors are often experts on issues such as the abuse of older adults.

Mr. Speaker, all of us should encourage seniors to talk with other seniors about their issues. We can help victims of abuse become aware they do not have to live with abuse or neglect. Knowing this can help empower victims to feel safe enough to report abuse to the proper authorities so seniors can be protected.

The wisdom of our seniors and elders is one of our greatest assets. No one should ever ignore abuse of older adults; we owe them a debt of gratitude that can only be paid when we stand up to protect their right to be free of violence.

Mr. Speaker, I would like to take this opportunity to recognize the efforts of the NWT Seniors' Society, the Yellowknife Seniors' Society and the Yellowknife Association of Concerned Citizens for Seniors. These groups are good examples of seniors helping other seniors.

Our seniors work hard for their communities. Let us make sure they live their lives in peace and happiness, free from abuse. Thank you, Mr. Speaker.

---Applause

Mahsi, Mr. Speaker. Since we are on the topic of elder abuse, it’s a good time to read my Member’s statement to talk about some of the housing issues that have come to my attention lately.

Mr. Speaker, about six months ago, the Deninu Kue Seniors' Society, which represents the interest of nearly 100 seniors in Deninu Kue, all of an average age of about 68 years old, made a recommendation to the Housing Corporation to build a six-plex to house seniors in independent living somewhere near the seniors complex. Mr. Speaker, the regional office came back outlining what the Housing Corporation requires in order to carry this initiative forward such as looking for a suitable location, researching land ownership, negotiating land owners to acquire property and gathering written support from various local government organizations in order for them to follow up on this initiative.

The Deninu Kue Seniors' Society did follow up with the Housing Corporation’s request from the regional office and eventually the property was purchased by the Housing Corporation and all indications pointed towards the next step of moving forward on this project by putting out a tender for the construction of a seniors’ six-plex and this was considered great news for the hard work of the Deninu Kue Seniors' Society.

Just recently, Mr. Speaker, the Deninu Kue Seniors' Society has been informed that the Housing Corporation is again questioning the feasibility of a seniors six-plex and is wondering if the units will be occupied by seniors and would like the Deninu Kue Seniors' Society to seek further support from the local government organizations, something they have already completed. They have assured the Housing Corp that they do have seniors who would be willing to move in as soon as construction is completed. Understandably the reluctance of the Deninu Kue Seniors' Society to go out and seek the same support from local government organizations has created a lot of frustration amongst our elders and is viewed as simply a stalling tactic by the Housing Corp to follow up on their previous commitment. The Deninu Kue Seniors' Society would like to know why.

Later today, Mr. Speaker, I will be asking the Minister of the Housing Corp, at the appropriate time, why the Housing Corp continues to put up barriers and hoops when things are moving along in what seemingly seems to be a cooperative, positive and collaborative manner. Mahsi, Mr. Speaker.

---Applause

Thank you, Mr. Villeneuve. Members’ statements. The honourable Member for Sahtu, Mr. Yakeleya.

Member’s Statement On Regional Development And Autonomy

Thank you, Mr. Speaker. Mr. Speaker, my Member’s statement is going to be on the issue of our regions coming to age, Mr. Speaker. I have had the opportunity of being able to accompany the Minister of MACA, Mr. McLeod, and also Premier Handley, leader of the Government of the Northwest Territories, to attend the Association of Municipalities meeting in Norman Wells, along with my colleague, Mr. Hawkins.

Mr. Speaker, the issue I am talking about is in our regions, the smaller communities; they seem to be lacking certain basic essential services that other centres have in their communities. Still in our region alone, in the Sahtu, we are playing catch up, the catch up region that, in terms of services, programs, Mr. Speaker, in terms of the quality of living we have. The mayor of Tulita talked about going to the Northern Store and buying a loaf of bread for $6. It costs even more to make bread in Tulita and those are the prices that we have to live with. It seems to be that our region seems to be lacking the support, Mr. Speaker.

The people in the Sahtu are light years ahead in terms of things that they can do from the South. This is the 21st Century, but some of the government programs are still in the 18th and 19th centuries. Look at the Colville Lake Health Centre. Look at the services of no RCMP in Colville Lake in this day and age. Some of the other communities in the Northwest Territories have those services and it is good for those communities because they require it, so why not in the Sahtu region at this time, day and age, if activity is happening in the region there? We don’t have those types of services and the government can, if they want to, bring those services into the community.

Our region has been babysat for too long by other regions. Look at the Department of Transportation. The Inuvik office for the air and transportation is in Fort Smith, but other departments are babysitting our region. We want some autonomy. We want to control our lives. We want to do what is right for the people of the Northwest Territories. There is lots of activity. So let’s give back to the region that deserves and not be isolated. Thank you.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, in recent years, governments have turned more and more to electronic databases to help them manage vast amounts of personal information used to carry out programs and services. In fact, just this week, the Minister of Health and Social Services announced a major partnership between the GNWT and Canada Health Infoway that will see all NWT communities participating in an electronic health records network within the next year.

Such announcements typically hail electronic databases as promising efficiencies and enhanced quality of services. What they fail to mention are the risks to privacy that the new ease of access to information like social insurance numbers, addresses and bank account numbers entails if appropriate security measures are not put in place. As our Information and Privacy Commissioner has warned repeatedly, identify theft is on the rise everywhere. We cannot afford to pretend that we, in the Northwest Territories, are somehow invulnerable to this threat. Aside from identity theft, there are many other ways that personal information can be misused if it falls into the wrong hands. Having the information conveniently packaged and searchable in a database only increases that risk.

Mr. Speaker, it is certainly not my intent to suggest that we do away with electronic databases which are everywhere and have become the essential part of many government and business activities. I raise these concerns to point out that, along with the efficiencies and enhancements, there are new responsibilities that have come with the electronic age. I would think that, at a minimum, these responsibilities include doing realistic assessments of the risks to privacy, implementing plans to mitigate those risks such as security measures to prevent unauthorized access to personal information, and establishing protocols for dealing with breaches including disclosure that a breach has occurred to any persons who may have been affected.

Earlier this week, I questioned the Minister of Human Resources about a possible breach of the government’s PeopleSoft system which includes extremely sensitive personal information on all government employees and raises serious security concerns. As far as I am aware, the department has not taken any steps to communicate with employees about whether or not a breach did occur and who might be affected. I found it extremely disturbing that the Minister was unable to tell me what the protocol would be if a breach did occur.

Mr. Speaker, employees turn over social insurance numbers, addresses and bank accounts on faith that the GNWT, as their employer, will fulfill its responsibility to protect that information and ensure it is only used for the purpose for which it was intended. They have a right to expect that the GNWT has strict security systems in place and protocols to deal with any breaches. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. Mr. Speaker, this morning, I had an opportunity to meet with the Premier and some of his colleagues and also the mayor and deputy mayor of Tuktoyaktuk. Mr. Speaker, I rise today to raise a concern in regard to the important need to identify immediate funding dollars for relocation of municipal infrastructure requirements for the Hamlet of Tuktoyaktuk. I say this, Mr. Speaker, because the shorelines in the community of Tuktoyaktuk are rapidly deteriorating because of permafrost melting which causes erosion along the west and north end of the community.

Mr. Speaker, the hamlet council has raised this issue with MACA officials from Inuvik on numerous occasions during the review of their five-year capital plan. As an example, the gravesite is full to capacity. The location of the landfill site causes concern for potential health problems, and the point on the north end of town is eroding rapidly to a point where someday the houses located inside the harbour may eventually flood if protection to the sandpit is not protected.

Mr. Speaker, the hamlet council is very concerned and would like this government to immediately direct and discuss with MACA in implementing a plan to provide emergency funding to address the erosion problem in the location of the landfill site, gravesite and the need for gravel requirements.

The hamlet has already identified, in their capital plan, for the relocation of these municipal services. The proposed services are identified on the east side of the harbour and are in close proximity to the proposed access road to source 177.

Mr. Speaker, if these services are not addressed immediately by MACA and discussions with the hamlet, the community, as I said, may be flooded in the near future.

Therefore, I am requesting MACA to immediately meet with the hamlet council of Tuktoyaktuk to discuss and provide emergency funding to address the relocation of the gravesite, a landfill site, and gravel requirements and the ocean problem. In closing, Mr. Speaker, I will have questions for the Minister of MACA at the appropriate time. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. Mr. Speaker, this morning, I read an article that said that there is a meeting going on today between the proponents of the pipeline and the Government of Canada. I got to thinking when they mentioned some of the players that were going to be at the meeting, where was the GNWT in this picture, Mr. Speaker? It is happening too much lately that, with all the talk going on with the pipeline, the GNWT continues to be left out of the picture. I read further on in the article that a document was filed with the National Energy Board. They talk about Alberta will be the main beneficiary from the project; 10,245 jobs to Alberta, 3,200 jobs to the Northwest Territories. Mr. Speaker, where is the NWT in all of this? Thanks to the Aboriginal Pipeline Group, we have some stake in it.

Hear! Hear!

Thirty years ago, Thomas Berger put a moratorium on pipeline development. That was the best thing he ever did, I think, for the people of the Northwest Territories. It gave us an opportunity to get into the picture, take advantage of some of the opportunities. The Inuvialuit, the Gwich’in and the people of the Sahtu have seized that opportunity and put themselves in a position where they could see some benefit from the pipeline for them and the people that they represent.

Mr. Speaker, I will have questions later on for the Minister of ITI or the Premier. I am going to need to know where we are at the table, if we are at the table. Mr. Speaker, this pipeline talk and all of the politics surrounding it across the Northwest Territories is just getting a little out of hand. This pipeline is being used as leverage in land claims talks and it is not acceptable. We could stay at home, sit on our hands and wait for money to fall from the skies, but no. There are people out there. I represent a lot of them that do plan on going out there, seizing the opportunity, seeing what they can benefit out of this pipeline. I want to make sure that the people that I represent and people in the Northwest Territories, as a whole, benefit from the construction of this pipeline. Thank you, Mr. Speaker.

---Applause

Mahsi, Mr. Speaker. During my two terms here as MLA, I have been approached on many occasions by constituents dealing with disability challenges in their families. This can range from parents dealing with dementia, adults with housing accessibility issues, children suffering from mental capacity issues, and caregivers desperate for financial and program support as they cope with their family’s disability.

Mr. Speaker, most disabled persons don’t want to be wards of the state. They want to remain free and independent. They are very proud of being on their own. In most instances, this also requires great family sacrifice and perseverance. Here is where government can and, in many cases, Mr. Speaker, does step in. For instance, in housing and in program supports, we have made some considerable advances. But it is in the area of income support that causes probably the most strain and stress on these families, Mr. Speaker. Under our current income support system where clients whose income or value is above a certain threshold, essentially our system forces them to liquidate their own assets and, in effect, perhaps even impoverish themselves before they can become eligible for income support. We force them into even further poverty through sometimes punitive policies that lend persons with long-term and perhaps lifetime disabilities along with those who the Income Support Program is truly designed for, those who need temporary assistance in order to get back up and back into society.

Mr. Speaker, our current system makes it easier, perhaps even unavoidable sometimes, for families and caregivers to walk away from disabled ones, loved ones, and have the GNWT assume responsibility for institutional care. The cost of this, of course, can be enormous compared to the cost of the well thought out reasonable program that would assist family members and caregivers to maintain their independence, keep loved ones at home and look after them in that very safe and supportive environment. So, Mr. Speaker, we have a long way to go to close some policy gaps in our support systems for persons with disabilities. Thank you.

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Thank you, Mr. Speaker. Mr. Speaker, I am nearing 12 years of service in this House going back to the last century and to pre-division along with a number of my colleagues here in this House.

---Laughter

It has been that long since people have talked about what we do with the surplus power at Taltson dam. Back then, Mr. Speaker, the price of fuel was probably about 35 cents a litre. There was a very dark time in the '90s when the economic circumstances and future of the Northwest Territories was very bleak. But over the years, the circumstances have changed and improved. For the last 10 years, we have had diamond mines start up in the North Slave and that growth has only continued. The attractiveness of the surplus power in Taltson has only grown with time. The price of oil is now $65 a barrel. It has reached even higher at times and it shows no signs of diminishing.

I want to stand here today and give my unequivocal support to the Taltson project. There has been a lot of work done. We spent years talking about it. In the last few years, we have actually moved into the planning and some of the implementation pieces that have to be put in place. We know that diamond mines have now been operating for 10 years, so time is of the essence, though I, like most others, am optimistic that development in the North Slave is only going to continue as more and more discoveries are made of the different resources that are there.

It is very important that we proceed with this process. We started today. It is a five-year project to be able to flick the switch and have power to the diamond mines. So we have to commit to this process. I would like to commend the Government of the Northwest Territories for their work on this, as well as the inclusion of the aboriginal partners into this process and project. I know, in my community, this is seen as a very important project. We don’t have oil and gas. We don’t have the diamonds. What we have is hydro and the Taltson and hydro on the Slave, and this particular Taltson project is very important to us. I fully support it. The Slave River potential hydro development clearly will require a lot more discussion for me to be convinced that that is the case for that project. But Taltson gets definitely a thumbs up. Thank you.

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Thank you, Mr. Speaker. I rise again to speak to the issue of squatters and land availability in the Yellowknife area. We know there is a big demand for recreational properties. We also know that because no new leases have been made available for many years, some people have helped themselves and went out to build structures, some more permanent than others, without permission or further legal right to be out there on that land. The area around the Ingraham Trail is particularly affected by these so-called trespassers or even squatters. There have been many previous debates in this House about this issue. Discussions have taken place and commitments were even made. For example, the previous MACA Minister promised some sort of interim agreement prior to the affected First Nations final land claim. He promised this agreement would free up land for recreational use. Last year, the government still hoped for a land use plan for the Yellowknife watershed development area. Where are those initiatives, Mr. Speaker? They are nowhere to be found.

With summer before us, it is just a gentle reminder that the government needs to pursue its previous commitments it has made in this House to work towards a solution.

I would like to point out the importance of a tri-party discussion in order to find a solution for the increased demand for recreational lands, while respecting the ongoing land claim process and self-government negotiations. MACA needs to work with the Department of Indian and Northern Affairs and the land claimant groups to solve this issue, Mr. Speaker, once and for all.

Mr. Speaker, opportunity is before us. With such approaches as win-win solutions, we can find ways to do this. I will give you some examples of those win-wins. We would open up more lots so recreation opportunities can happen. We have cottage country within five minutes from Yellowknife, Mr. Speaker. We would also be able to eliminate the need for people squatting on that land, which is wrong and they are not doing much about it.

The last thing we could say is we could be creating tax-based opportunities out there for First Nations people as well as the Government of Canada and the Northwest Territories. So, Mr. Speaker, there are a lot of ways we can go on this. It all works well. The bottom line is First Nations people are concerned about what is going on out there and people with legal rights are concerned with what is going on out there. So, Mr. Speaker, I will have questions for the Minister of MACA at the appropriate time. I would like to finally see him do something on this issue. Thank you, Mr. Speaker.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, this being the last day of the session before August, I would like to take a moment to highlight the activities of the Range Lake North School and Range Lake constituency.

Mr. Speaker, I would like to congratulate the Grade 6 boys and girls soccer teams who took both banners in the recent Super Soccer tournament. I would also like to take a moment to recognize the work of Range Lake North School Parents Advisory Group who has completed another successful family fun night a few weeks ago. This is a one night event where they raise over $10,000. They have done this every year for the last 12 years. I am proud to say that I have been a part of eight of them. The money raised stays in school for the benefit of students and parents. That kind of fundraising doesn’t come without a lot of time spent organizing and preparing by the Parents Advisory Group, the parents, teachers, students and the larger community of Range Lake as a whole. I want to take this opportunity to express my thanks.

Mr. Speaker, the Range Lake North School Parents Advisory Group has also been very active and vocal about the latest Yellowknife school space issue. I have had countless conversations with them. I have listened to them and discussed ideas. I value their opinions, commitment and thoughtfulness on this issue. I want to thank them for their hard work.

Mr. Speaker, as we leave today, our work doesn’t stop here. We will be doing intense travelling, doing public hearings on many bills before us. Our work will continue in our offices and communities. I look forward to being in my community with my constituents and spending every opportunity with them. I would like to wish everyone safe travels. Thank you, Mr. Speaker.

---Applause

Thank you, Mr. Speaker. I am going to speak today about the future of our government’s operations. I have spoken previously in this House about the GNWT’s lack of a comprehensive human resource plan or strategy. I believe strongly that, as a government, we need to address the growth and direction of our public service. For the past four years, I have witnessed a steady stream of knee-jerk reactions and ill-conceived position growth. Sure, we are expanding our workforce in the area of health care, teachers and social workers, but that does not explain the growth over a seven-year period of 3,761 in 1999 to over 5,500 today. That, Mr. Speaker, is an increase of over 44 percent. The government has grown by close to 1,800 positions in just seven years.

After division took place with Nunavut in 1999, it would have made sense at the time to come up with a human resource strategy. Instead, Mr. Speaker, we struggle year to year, budget to budget, supplementary appropriation to supplementary appropriation approving more and more positions. Mr. Speaker, I'm not opposed to supporting positions where they make sense and they're needed, but I have to be convinced that the subject department has not got the capacity to get the work done.

Not only have we seen growth to over 5,500 employees, we also have an acute addiction to consultants, contractors and services which, Mr. Speaker, oftentimes are rendered by former employees of this government. With the completion of land claims and the move towards self-government and implementation of those claims, we should be looking, as a government, at areas of our operations which we could devolve into the regions where claims are settled. To date, and to my knowledge, nothing, Mr. Speaker -- and I mean nothing -- has happened to address this issue. Why can't the government get a focus over a vision on what our future human resource requirements are going to be? We spend nearly $500 million annually on it. It should be a top priority of any government.

Judging by the answers I've received to date, I'm not the least bit convinced that this government actually cares about this situation, Mr. Speaker, and I'd like to ask some questions of the Minister responsible for Human Resources at the appropriate time. Mahsi.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, I would like to take this opportunity to thank yourself as Speaker of the Legislative Assembly, but, more importantly, this House for supporting the Page Program to allow students from the outlying communities, the small communities, ridings, to participate in the goings on of this Legislative Assembly.

Mr. Speaker, it gives me great pleasure to have an opportunity to have two Pages here this week to partake of what happens in this Legislative Assembly. From Fort McPherson and Aklavik, I have Allison Neyando from Fort McPherson, Chief Julius School…

---Applause

…and Trudy Kogiak from Aklavik who attends Moose Kerr School.

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More importantly, Mr. Speaker, it gives the students an opportunity to go back to our small communities to talk to their classmates and explain the goings on of this Legislative Assembly and, more importantly, to encourage other classmates to take part in this program.

Again, Mr. Speaker, I believe this is a very crucial program that allows the smaller communities, and students throughout the Northwest Territories, to see exactly what this government does, what the Legislative Assembly processes do and, more importantly, the goings on in this House.

Again, I'd like to thank my two young students for taking part in this program. As I drove them in from the airport, I encouraged them that the toughest part of the job that they had to do here was stay awake, because it is sometimes pretty dry.

Hey!

So with that, I'd like to thank you very much. Enjoy your trip home and I wish you all the best. Thank you.

---Applause

Thank you, Mr. Speaker. Mr. Speaker, I am pleased to report from the Standing Committee on Social Programs Report on Matters Related to Child and Family Services Act. But before I do that, I would just like to take a moment to say a special thanks to the hard-working committee of Social Programs.

Hear! Hear!

Right on!

But especially, I'd like to take a moment to thank the hard-working staff of the committee, Mr. Speaker. I have to tell you that we did intense travels: six communities in six days, covering places like Tuktoyaktuk, Ulukhaktok, Colville Lake, Behchoko. Not the most accessible places, but the operation went like a smooth, oiled machine. I want to just express our thanks, on behalf of the committee, to the staff. I want to thank especially Mr. Robert Collinson who has the stupendous capacity to put into words all of our thoughts and everything we hear from our communities, so if I could just do that. I might add, he doesn't get paid enough for his work.

---Laughter

Right on.

Mr. Speaker, during the Standing Committee on Social Program’s review of Bill 5, An Act to Amend the Child and Family Services Act, Members heard from a number of northerners who expressed concerns about the current act and its application.

We would like to thank all of the presenters in the communities of Yellowknife, Inuvik, Tuktoyaktuk, Ulukhaktok, Colville Lake and Behchoko who took the time to make their concerns known to committee.

In addition to the feedback during the hearings on Bill 5, committee members, in meeting the day-to-day needs of their constituents, regularly deal with families whose lives are being dictated by provisions of the Child and Family Services Act.

There is nothing in this report, by way of recommendation, that will detract from the primary task of the child protection worker, which is to protect our children from physical, emotional and sexual abuse.

The recommendations and discussions in this report focus on strengthening existing child protection practices and ensuring that all provisions contained in the Child and Family Services Act are implemented and utilized in all communities in the Northwest Territories.

Mr. Speaker, the committee understands that the primary consideration is the safety of the child and that it may not always be possible to have translation available when removing a child from a dangerous situation. The committee is not suggesting any delay in removing a child from a dangerous situation because of the availability of a translator.

During our hearings in Yellowknife on Bill 5, we heard from Mr. Brad Enge, a lawyer in private practice, who expressed his concern about people who come into contact with a child protection worker not always having access to translators and sometimes signing documents, like plan of care agreements, without really understanding what they are signing.

Mr. Yakeleya also had recent experience with a constituent whose dealings regarding her child’s apprehension were exacerbated by her limited English skills and not having access to translation during crucial stages of the apprehension process.

Just after the introduction of Bill 5 by the Minister of Health and Social Services, Mr. Yakeleya had the opportunity to question Minister Roland about the need to make sure that parents understand and have the process explained to them in their own language. Minister Roland replied that the offer is made to the parents whenever the department gets involved.

Mr. Speaker, what may be missing from the process is some understanding of the cultural and emotional factors that may lead someone to decline translation services, when in fact they do need such services.

The development of local child and family services committees would be a valuable resource for child protection workers in making sure that parents understand the process and what is expected of them when they sign a plan of care agreement. This will be commented on later in this report.

Mr. Speaker, the committee would like assurances from the department that child protection workers are trained to be sensitive to the emotional state, and also be aware of the cultural factors, that may lead a person to decline needed translation services and, wherever there is doubt, err on the side of caution and provide translation services.

Mr. Speaker, the committee recommends that the existing practice of offering translation services be continued, and that child protection workers be required to take into account the emotional state and the cultural background of a person being offered translation services, and, when there is any doubt, provide the necessary translation services as a matter of course.

Mr. Speaker, at this time, I would like to ask the deputy chair of the committee, Mr. Yakeleya, to continue with the report. Thank you.

Thank you, Ms. Lee. Mr. Yakeleya.

Thank you, Mr. Speaker. This was another issue raised by Mr. Enge during his presentation on Bill 5. Mr. Enge pointed out that after a child is apprehended, a non-custodial parent must gain custody rights through family court before they would be considered as a care provider for their biological child. Mr. Enge believes that, in cases where the custodial parent is proven an unfit parent, the child protection workers need the discretionary power to place the child with the non-custodial parent, on a temporary or permanent basis, if they are suitable.

As it stands now, the act only contemplates returning a child who has been apprehended to the parent -- defined as the person with legal custody -- or to the person who had care of the child at the time of the apprehension. There is no specific mention of non-custodial parents.

The Member for Monfwi is dealing with a constituent, working at one of the mines on a two-week-in/two-week-out rotation, facing a similar situation. The constituent, whose child was apprehended and placed in foster care outside of the home community, was not afforded the opportunity to arrange care for his own biological child.

There is, of course, the assumption that the child has a relationship with the non-custodial parent before the child protection worker should consider such a placement as a priority over foster care within the community.

The committee recommends that the Minister examine the issue of involving non-custodial parents in caring for apprehended children and, if necessary, make the required legislative and regulatory changes to allow child protection workers the discretionary powers to place apprehended children with the non-custodial parent on a temporary basis, providing that it is in the best interest of the child.

Mr. Speaker, I return over the next portion of the report to Mr. Jackson Lafferty.

Thank you, Mr. Yakeleya. Honourable Member for Monfwi, Mr. Lafferty.

Mahsi, Mr. Speaker, Mr. Speaker, the committee is appreciative that one of the results of the passage of Bill 5 will be the inclusion of a new clause in the preamble of the Child and Family Services Act that states “And whereas a child’s extended family can often provide important supports in meeting the best interests of the child;”.

A preamble to an act is important in that the preamble sets out the principles that will guide the application of the act.

Recognizing the role of the extended family in child protection matters is an important step and now we need to take the next steps to ensure that this important sentiment continues to be reflected in the day-to-day practices of the child protection workers.

During our hearing on Bill 5, in the community of Behchoko, we heard from Chief Leon Lafferty and his disappointment that Bill 5 did not specifically address the role of aboriginal families and did not take into account aboriginal traditions.

We also heard from elders, Mrs. Vernick Erasmus and Mr. Phillip Huskey, on the need to keep apprehended aboriginal children in their home communities, with their extended families, wherever possible.

Many members of the Social Programs committee have heard from constituents concerned about the placement of aboriginal children with non-aboriginal foster families, both in and outside of the community. Many of these constituents have pointed out that there are members of the child’s extended families that are suitable and prepared to offer the child a stable and loving environment.

It is understood by the committee that the child protection worker already has the discretionary power to place an apprehended child with a member of the child’s extended family and that this does occur in many cases.

Members were made aware of cases where this has not occurred. It is recognized that there are valid reasons, like a late night apprehension or the need to run background checks on members of the extended family, and that this sometimes means a child is placed in temporary foster care, outside of the extended family.

However, in cases where a child is unlikely to be returned to the custodial parent, and where there is no suitable non-custodial parent, there should be an onus on the child protection worker to place the child with a suitable member of the child’s extended family in the child’s home community, before any consideration is given to removing the child from the home community or placing an aboriginal child with a non-aboriginal foster parent.

The committee recommends the Minister issue a directive reinforcing the use of extended families in the placement of apprehended children and that every effort be made to place children with extended family within the child’s home community, before a child protection worker considers placement in a foster home in or outside of the child’s home community.

Mr. Speaker, I'd like to pass it on to my colleague Mr. Braden. Mahsi.

Thank you, Mr. Lafferty. Honourable Member for Great Slave, Mr. Braden.

Thank you, Mr. Speaker. I apologize to the Assembly for missing my cue earlier.

It's okay.

Mr. Speaker, the committee looked into the area of child and family services committees in communities. It is a sad commentary that only the community of Fort McPherson has taken advantage of provisions of the Child and Family Services Act, that allow for the community agreements and the formation of a child and family services committee.

A community agreement allows a community corporation to establish their own community standards, which, as long as they meet the minimum standards set out in the regulations, reflect the realities of life in the community and the standard of care for apprehended children. They can also establish community standards to reflect whether a child is in need of protection under all of the reasons outlined in section 7(3).

For example, Mr. Speaker, young children out late at night unsupervised in Yellowknife would be of concern to a child protection worker and the Yellowknife Child and Family Services Committee, if one existed. The same level of concern may not exist for the child protection worker and the child and family services committee in a smaller, isolated community, and they would be able to establish their own standards to deal with such circumstances.

A community child and family services committee, as previously referenced in this report, would be a valuable resource in helping child protection workers, who may not be familiar with the local customs and families, in placing apprehended children with suitable members of the child’s extended family within the child’s home community.

There are also provisions for a member of the child and family services committee to sit on each child’s individual plan of care committee and provide their input to reflect community standards and culture. In addition, if the child protection worker is unable to get a plan of care agreement in place, they can turn to the chairperson of the committee for assistance. This allows greater opportunity for an agreement to be reached.

There are also provisions that the chairperson of the committee could be delegated the powers of a child protection worker and be allowed to apprehend a child in need of protection. Committee thought that, while not ideal, this may be a power that will encourage a community without a child protection worker or an RCMP presence to consider forming their own child and family services committee.

In questioning witnesses like Ms. Alana Mero and Ms. Denise Kurszewski, who appeared before committee during the hearings on Bill 5, it became apparent to Members that there was a buy-in on the child’s individual plan of care committee and a general recognition that this works well in ensuring that the needs of the child are met and that parents are represented in the process.

However, Mr. Speaker, there seemed to be little knowledge of the ability of a community to enter into agreements and establish community child and family service committees. This was also reflected in the comments we heard in Behchoko.

All Members of this House are approached by communities and asked to help empower them to deal with their own problems. We can point to community justice committees as an example of community empowerment. The role of the community justice committees in delivering services and dispensing justice is evolving, and is being recognized through increased supports and funding by the Department of Justice.

The Social Programs committee pressed hard over the life of this Assembly to secure increased funding and supports for the community justice committees. While this battle is far from over, Mr. Speaker, it is apparent that the issue of funding and supporting community justice committees is at least on the radar of the Department of Justice.

Mr. Speaker, I'd like to ask my colleague, the Member for Nunakput, to continue to report.

Thank you, Mr. Braden. Honourable Member for Nunakput, Mr. Pokiak.

Thank you, Mr. Speaker. Committee members are convinced that the Department of Health and Social Services, and its authorities, could be doing more to promote the formation of child and family services committees in the communities and that a more coordinated approach should be undertaken.

In reviewing material provided by the Minister, there appeared to be a push in 2003 to establish child and family services committees, with three communities expressing interest. Of those three communities, only the community of Fort McPherson went past the initial presentation and consultation and formed a child and family services committee in conjunction with the Tl’oondih Healing Society.

Since that time, there have been expressions of interest in the northern part of territory, and information has been supplied to the community of Paulatuk and to the Sahtu Health and Social Services Authority.

Mr. Speaker, Members also wondered if, because the responsibility for administering the Child and Family Services Act is with the regional health and social services authorities, there might be some reluctance on their part to promote a process that may end up contributing to the overall debt that many of our health authorities face.

Regardless of any speculation on the part of committee as to the reasons there has been no uptake at the community level for forming child and family services committees, it is important to note that, as the Minister outlined in briefing notes provided to committee, the ability of communities to participate directly in decision-making regarding the protection of children is unique to the Northwest Territories. As far as the department knows, no other jurisdiction in the world allows community input in child protection matters.

The tools exist in legislation and regulation. It is clear to the committee that there is a need for the department and the authorities to allocate resources to develop and foster community empowerment through the development of child and family services committees.

The committee recommends the Minister direct the department and authorities to continue with ongoing activities and to design an adequately resourced plan to develop child and family services committees in the communities and that this plan be presented to the Standing Committee on Social Programs as part of the 2009-2010 business plan review.

At this time, Mr. Speaker, I'd like to turn it over to my honourable colleague Mr. Robert McLeod. Thank you.

Thank you, Mr. Pokiak. The honourable Member for Inuvik Twin Lakes, Mr. McLeod.