Debates of October 24, 2013 (day 38)
Thank you, Mr. Hawkins. With that, we’ll return to Minister Robert C. McLeod to see if he has any witnesses he’d like to bring into the Chamber.
Yes I would, Mr. Chair. Thank you.
Thank you, Minister McLeod. Does the committee agree?
Agreed.
Thank you, committee. Sergeant-at-Arms, if you could please escort the witnesses into the Chamber.
Minister McLeod, if you could please introduce your witnesses to the House.
Thank you, Mr. Chair. To my left I have Mr. Kevin Brezinski. He is the director of public safety. To my right I have Mr. Thomas Druyan, who is the legislative counsel. Thank you, Mr. Chair.
Thank you, Minister McLeod. Mr. Brezinski and Mr. Druyan, welcome back to the House. General comments, Bill 14. Committee, we’re going to go to clause-by-clause review of the bill. Bill 14, An Act to Repeal the Pawnbrokers Act and Second-hand Dealers Act. Clause 1.
Agreed.
To the bill as a whole.
Agreed.
Does the committee agree that Bill 14 is ready for third reading?
---Bill 14 as a whole approved for third reading
I’d like to thank our witnesses here for this evening. I’d like to thank the Minister as well. Sergeant-at-Arms, if you could please escort the witnesses out. Thank you.
Does committee agree to continue with Bill 15?
Agreed.
Thank you. With that, we’ll go to Bill 15, Gunshot and Stab Wound Mandatory Disclosure Act. We’ll go to the Minister responsible to introduce the act. Minister Abernethy.
Thank you, Mr. Chairman. I’m pleased to be here today to speak about Bill 15, Gunshot and Stab Wound Mandatory Disclosure Act. I’d like to thank the Standing Committee on Social Programs for its review of this bill. This legislation will require health facilities to report instances where injured persons present themselves for treatment of gunshot wounds and stab wounds. It will also protect those involved in reporting from liability. Please note that this requirement does not relate to stab wounds that are believed to be either self-inflicted or accidentally inflicted. All gunshot wounds will require reporting. The purpose will be to assist RCMP to provide a prompt response to violence incidences as well as to address firearms safety issues.
Currently, eight Canadian jurisdictions have enacted legislation of this nature, five jurisdictions have enacted legislation for the reporting of both gunshot and stab wounds, while three jurisdictions have enacted legislation for gunshot wounds only.
I would be pleased to answer any questions that the committee may have.
Thank you, Minister Abernethy. We will offer the opportunity for the chairman of the standing committee which reviewed the bill. Mr. Moses.
Thank you, Mr. Chair. The Standing Committee on Social Programs conducted its public review of Bill 15, Gunshot and Stab Wound Mandatory Disclosure Act, on September 17, 2013. A clause-by-clause review was conducted the same day.
The committee thanks the Minister and his staff for presenting the bill. The bill requires that all gunshot and stab wounds other than those wounds reasonably believed to be self-inflected or unintentionally inflicted be reported to health facilities and ambulance services that treat those injuries. The bill outlines the information that must be reported and the circumstances that trigger the reporting obligation.
Following the committee’s review, a motion was carried to report Bill 15, Gunshot and Stab Wound Mandatory Disclosure Act, to the Assembly as ready for consideration in Committee of the Whole.
This concludes the committee’s opening comments on Bill 15. Individual Members may have additional questions or comments as we proceed.
Thank you, Mr. Moses. We’ll return to Minister Abernethy to see if he has any witnesses he would like to bring into the House.
I do, Mr. Chair.
Thank you, Minister Abernethy. Does committee agree?
Agreed.
Thank you, committee. Sergeant-at-Arms, if you could please escort the witnesses into the House.
Mr. Abernethy, if you can please introduce your witnesses to the House this evening.
Thank you, Mr. Chair. On my left is Shirley Kemeys-Jones. She’s the assistant deputy minister of the Solicitor General’s branch of the Department of Justice, and Ian Rennie, legislative council, on the right.
Thank you, Minister. Mr. Rennie, Ms. Kemeys-Jones, welcome to the House this evening. Committee, we are on Bill 15, general comments. Is committee prepared to go clause by clause?
Agreed.
Thank you, committee. Bill 15, Gunshot and Stab Wound Mandatory Disclosure Act. Clause 1.
---Clause 1 through 8 inclusive approved
To the bill as a whole.
Agreed.
Does committee agree that Bill 15 is ready for third reading?
---Bill 15 as a whole approved for third reading
I’d like to thank Minister Abernethy, Mr. Rennie and Ms. Kemeys-Jones for joining us this evening. Sergeant-at-Arms, if you could please escort the witnesses from the House.
Would committee like to proceed with Bill 16?
Agreed.
Thank you, committee. Bill 16, An Act to Amend the Justices of the Peace Act. With that, we’ll go to the Minister responsible to introduce the bill. Minister Abernethy.
Thank you, Mr. Chair. I am pleased to be here today to talk to you about Bill 16, An Act to Amend the Justices of the Peace Act. I would like to thank the Standing Committee on Social Programs for its review of the bill.
Justices of the peace fulfill an important role within the justice system of the Northwest Territories. They serve in communities where they work and live, performing a range of judicial and quasi-judicial functions. Justices of the peace carry out duties on a part-time basis and generally preside over summary conviction matters arising out of the territorial statutes, municipal bylaws and selected Criminal Code matters. They regularly conduct bail hearings and issue warrants and summons.
The chief judge of the Territorial Court has overall supervisory power for justices of the peace. The chief judge in 2009 noted that justices of the peace are not afforded protection from civil liability under territorial legislation. This leaves JPs vulnerable to being sued personally in a civil action for a decision made in their official capacity. The current chief judge has once again raised this concern and suggested that it be addressed.
Protection to Territorial Court judges is offered through the Territorial Court Act and most jurisdictions extend similar protect to their justices of the peace. The department is proposing to amend the Justices of the Peace Act to provide JPs with statutory immunity from civil actions unless they act maliciously and without reasonable and probable cause.
I would be pleased to answer any questions that committee members may have regarding Bill 16.
Thank you, Minister Abernethy. At this time we will return to the chair of the standing committee which reviewed this bill. Mr. Moses.
Thank you, Mr. Chair. The Standing Committee on Social Programs conducted its public review of Bill 16, An Act to Amend the Justices of the Peace Act, on September 17, 2013. A clause-by-clause review was conducted the same day.
The committee thanks the Minister and his staff for presenting the bill. The bill provides justices of the peace for the protection from civil liability so long as they do not act maliciously and without reasonable and probable cause.
Following the committee’s review, a motion was carried to report Bill 16, An Act to Amend the Justices of the Peace Act, to the Assembly as ready for consideration in Committee of the Whole.
This concludes the committee’s opening comments on Bill 16. Individual Members may have additional questions or comments as we proceed. Thank you, Mr. Chair.
Thank you, Mr. Moses. We’ll go back to Mr. Abernethy to see if he has any witnesses this evening.
I do, Mr. Chair.
Thank you, Minister Abernethy. Does committee agree?
Agreed.
Thank you, committee. Sergeant-at-Arms, if you will please escort the witnesses into the Chamber.
Mr. Abernethy, if you can please introduce your witnesses to the House.
Thank you, Mr. Chair. With me today on my left is Gary MacDougall, the director of legal registries; and on my right, Ian Rennie, legal counsel.
Thank you, Minister. Mr. MacDougall, Mr. Rennie, welcome to the House. General comments, Bill 16. Is the committee prepared to go clause by clause?
Agreed.
Thank you, committee. Bill 16, An Act to Amend the Justices of the Peace Act. Clause 1.
---Clauses 1 through 12 inclusive approved
Thank you, committee. To the bill as a whole.
Agreed.
Does committee agree that Bill 16 is ready for third reading?
---Bill 16 as a whole approved for third reading
Thank you, committee. I would like to thank our witnesses for this evening. If I could get the Sergeant-at-Arms to escort them from the House, please. Thank you, Minister.
Ms. Bisaro, what is the wish of the committee?
Mr. Chair, I move that we report progress.
Thank you, Ms. Bisaro. There is a motion on the floor to report progress.
---Carried