Debates of October 26, 2006 (day 16)

Thank you, Mr. Speaker. Mr. Speaker, I am pleased to inform this Assembly of the following change to portfolio assignments effective 5:00 p.m. today. I will assume responsibility for the Northwest Territories Housing Corporation.

The Honourable Floyd Roland will retain responsibility for the Department of Health and Social Services.

The Honourable Charles Dent will become Minister of Human Resources and Minister responsible for Seniors and Persons with Disabilities.

The Honourable Brendan Bell will lead our efforts to deal with the issue of homelessness in the Northwest Territories.

The Honourable Michael McLeod will assume responsibility for the Department of Environment and Natural Resources.

The Honourable David Krutko will become Minister of Public Works and Services and Minister responsible for the Workers’ Compensation Board.

The Honourable Kevin Menicoche will become the Minister of Transportation and the Minister responsible for the Public Utilities Board.

Mr. Speaker, all other assignments remain unchanged. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. Mr. Speaker, the Department of Municipal and Community Affairs is now six months away from implementation for the New Deal for the Northwest Territories community

governments. A key priority including this government’s strategic plan, this comprehensive initiative which builds on past efforts to empower communities will provide community governments with the authority and resources to plan, design and build community public infrastructure.

With ongoing input from community governments, the Northwest Territories Association of Communities and the Local Government Administrators of the Northwest Territories, Municipal and Community Affairs is working to prepare community governments for the additional responsibilities that are part of the New Deal. Building capacity in all areas of local government leadership and administration is an ongoing priority that will enable community governments to effectively take advantage of the New Deal.

At this time, the department is spearheading a number of initiatives that will support community governments.

The department has completed a baseline assessment of community public infrastructure to communities, so they know the current state of their infrastructure and they can develop a capital investment plan accordingly.

Pilot projects have been established to provide five interested community governments with funds to design, manage and construct community infrastructure. The department will partner with them to assist and document best practices. Already these pilot projects are demonstrating that community governments are able to take on these responsibilities and develop infrastructure that respects local priorities, territorial goals and national standards.

Municipal and Community Affairs will work to develop individual transition plans with every community that is taking on new authorities, including developing specific capital investment plans, so that they are ready to proceed in April 2007 with support from MACA as requested and needed.

The School of Community Government is developing new training modules for new community responsibilities including project management, capital planning and building operations. Finally, Municipal and Community Affairs staff are being oriented so that they are ready to assist and support community governments through this transition to new responsibilities.

I am pleased to inform Members that in late November, the Department of Municipal and Community Affairs, in partnership with the Northwest Territories Association of Communities and the Arctic Energy Alliance will be hosting a sustainable planning conference which will focus on integrated community sustainable planning and energy strategies for all community governments for the Northwest Territories. Funding for this conference will be provided through the Gas Tax Funding Agreement with the federal government, since developing capital plans and community energy plans is a requirement of this agreement. Subsequently, in April 2007, the department is planning a follow-up conference that will focus on the implementation of the New Deal, including workshops on tools, approaches and best practices that the community could utilize to realize their priorities, especially those related to community infrastructure. These two conferences provide a forum for community leaders and staff to strategize, plan and prepare for new opportunities.

Community governments are evolving and taking on a broader range of responsibilities. Community governments know that allocating their resources in accordance with sound vision and good planning will result in sustainable, capable communities that are able to meet the needs and aspirations of the residents. Through conferences, planning tools and capacity building, Municipal and Community Affairs is working to support them in doing so. Thank you, Mr. Speaker. Mahsi.

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Thank you, Mr. Speaker. I am pleased to share news about the continued success of the training of community health representatives. Aurora College offers the Health Sciences Program which certifies new community health representatives and re-certifies existing community health representatives. The regional health and social services authorities provide financial support for this training.

During each training phase, the students interview retired community health representatives and capture the historical perspective of those who lead the way in health promotion. The students gain a great deal of knowledge through these interviews. Their insights are integrated into components of their training. This process adds to the knowledge and development of community health representatives.

Mr. Speaker, during the months ahead, 19 community health representatives will achieve basic First Aid and CPR certification.

Five community health representatives will achieve instructor level certification in First Aid and CPR. This training provides life-saving skills and develops awareness, prevents injuries and builds capacities in NWT communities.

Community health representatives are the health coaches in our communities. They support individual and community efforts to develop the best health status possible. They lead the way in teaching health protection and personal responsibility and are the builders of a healthier future for all.

I encourage all Members of the Assembly to support the contributions of community health representatives. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. Mr. Speaker, I am very pleased to report to Members on the results of an extraordinary fundraising initiative that will make a significant difference to sport development in the Northwest Territories.

On September 9th of this year, the Sport North Federation and several key corporate sponsors including Medic North, the Royal Bank, Canadian North, Top of the World Travel, and Nunasi Corporation sponsored the Champions for Children fundraising dinner.

Ron McLean of Hockey Night in Canada fame and retired Chicago Blackhawks player Dennis Hull were two of the key speakers at the event. Many others assisted including Olympic and Paralympic medal winners Sara Renner and Donavan Tildsley and northern Olympians Sharon and Shirley Firth.

This one-day event raised an amazing $50,000.

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These funds will now be split between Sport North's Kidsport Program and the NWT High Performance Athlete Grant Program, which is a partnership between the Department of Municipal and Community Affairs and Sport North.

The Kidsport Program plays a crucial part in the Northwest Territories sports program. It helps buy equipment, pay for user fees and assists with many other expenses for many children who would not get a chance to play if a program like this did not exist. In the lead up to the 2006 Arctic Winter Games, the Kidsport Program played a very important role in helping youth participate.

The NWT High Performance Athlete Grant Program supports today’s sport champions as they pursue their dreams, including the Olympics. The athletes are not only champions but are also today’s youth role models and tomorrow’s sports leaders.

Earlier this year, I was pleased to announce that 10 NWT athletes received funding from the program in 2005-06. Later this fall, I will be announcing the 2006-07 recipients.

Both programs could not exist without the great support of the corporate sector and the volunteers who help out with events like the Champions for Children dinner. Mahsi.

Mahsi, Mr. Speaker. Mr. Speaker, today I just want to talk about the consultation processes this government conducts with the regional governments, our community governments and any individual residents in the NWT. Mr. Speaker, we have all heard of a lack of comprehensive consultations and the lackadaisical attitude of taking proper direction from community organizations and residents in outlying communities by our bureaucracy.

We often hear about the issues and concerns during these consultation meetings falling on deaf ears. We are not reaching the proper authorities; for example, the Ministers’ offices on actions or initiatives to consider in order to resolve many concerns being brought forward. What people have learned, Mr. Speaker, is that many residents and community organizations are now demanding something in writing from any government official who travels to their community promising houses, resources or better programs to residents.

Mr. Speaker, this important lesson has been a result of many empty promises and also to ensure more accountability by our government and our bureaucracy to our northern residents. Now we have a situation in my constituency where a government official acted on an informal telephone conversation where an arrangement seems to make sense, but he also needed the proper authority in writing from a community council in order to be legitimately acknowledged and approved. This was never received, therefore not approved. The situation has now put more tension and strain between these community organizations and residents on the efforts to work together.

Mr. Speaker, this community has been hindered by many lines being drawn in the sand for many years, thus resulting in many development initiatives that may improve the lives of residents not receiving full community support, therefore never becoming a reality.

This action by government has drawn another line in the sand and I want our government to know that they cannot act in haste or without proper authority, especially when trying to resolve issues related to the distribution of government dollars to various community organizations that are often working in a very volatile and sensitive political environment. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. Before I start, I would like to extend a birthday greeting to my daughter in Nanaimo, B.C. Thank you.

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Mr. Speaker, my Member’s statement today is about the need for gravel for maintenance of roads, driveways and pads for further development in Tuktoyaktuk. Mr. Speaker, access to gravel sources accessible are only during the winter months, mainly because of the distance and sensitivity of the terrain. We all know, Mr. Speaker, the weather has been extraordinarily warm, which means construction of ice roads to nearby communities will probably be in late December or January, or even later, Mr. Speaker.

Mr. Speaker, the Tuktoyaktuk Community Planning Committee has identified the need and requirements of outside of the urban centres. The Cabinet and deputy ministers should consider the needs of the communities outside of the centres. The need for gravel for road, water, access services, road access for gravel pads is vital for the communities.

Earlier this week, the Minister of Housing indicated that over the next three years, there will be over 530 units to be constructed in the Northwest Territories and that the department is working with MACA to ensure that lot development will be available. Tuktoyaktuk has the lots available to address their needs right now, Mr. Speaker, but their concerns will not be addressed until they have access to gravel.

By building an access road to source 177, this will address their future development of infrastructure for Tuktoyaktuk. This government, Mr. Speaker, should work with ILA to gain access to gravel source 177, which is only 22 kilometres southeast of Tuktoyaktuk.

Opening up source 177 would address Tuktoyaktuk granular requirements for a number of years. Earlier this year, Mr. Speaker, I requested that the government commence dialogue with the ILA before the proposed construction of the Mackenzie Valley gas pipeline. Has the Department of MACA and Transportation done this to date?

Mr. Speaker, if this government does not address this problem immediately, access to source 177 will be identified by industry for their infrastructure requirements. Mr. Speaker, I urge this government to allocate funds for Tuktoyaktuk for access to granular source 177, so they can plan for today and future developments. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. I wanted to utilize my Member’s statement today to speak about the Government of the Northwest Territories developing a macroeconomic policy framework for the NWT. The Minister of Finance stood up in the House the other day extolling the virtues of this type of policy shop located in the Department of Finance. Interestingly enough, Mr. Speaker, the Bureau of Statistics was relocated last year to the Department of Executive. I find it a shocking coincidence that the Department of Finance all of a sudden thought it was such a great idea to develop a macroeconomic policy division.

It really is amazing how we can develop a macroeconomic policy division and hire three more employees without knowing what exactly we are dealing with. Mr. Speaker, I would like to know why we are pursuing this initiative now.

I would like to point out some facts for the Minister and for the government. The last time I checked, we didn’t have a resource revenue deal or devolution deal with Ottawa. We receive $850 million directly or indirectly from the federal government out of our $1.1 billion budget. We have a very limited control, next to no control, over resource development. We are limited in the areas of taxation, in spending, debt and investment. Mr. Speaker, we are on a fixed income here. These are the facts. Just last week, I questioned the government on the issue of the $200 million leaving our territorial economy every year because of over 2,000 migrant workers we have here in the NWT. You add to this all of the cash that leaves the North for contract work performed on behalf of joint ventures. Mr. Speaker, it’s just very, very disturbing.

Our economy is plain and simply just not real. Like I mentioned earlier, all the control is in Ottawa and we heard the Premier yesterday state that resource revenue and devolution is the government’s top priority and so it should be. We have higher priorities. The development of this macroeconomic policy division should be halted immediately. How can you develop a policy framework and allow employees to begin working on what will amount to be hypothetical scenarios? Put the focus on getting a deal done with Ottawa. When we do get control then and only then should we entertain a macroeconomic policy shop. Mahsi.

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Thank you, Mr. Speaker. Today I’d like to talk about the effects of the recent cuts by the federal government and what those effects will have on volunteer NWT as well as the rest of the volunteer sector, Mr. Speaker. This Assembly has recognized the contributions of volunteers and how it plays a significant role in improving our social, economic, cultural, and environmental conditions throughout our North. We are aware of how much they enhance our quality of life in the NWT and they contribute to our economy approximately $50 million, Mr. Speaker.

In March 2005 the Premier signed the GNWT Declaration on Volunteering with his Cabinet approval. On behalf of the government, the Premier committed to honour and support the NWT volunteers and the volunteering organizations, support the implementation of the voluntary sector initiative, and establish linkages with other levels of governments and business sectors, Mr. Speaker. This government must live up to their commitments it made to the NWT volunteers and the other organizations when they embarked on this initiative and to this declaration that they made in 2005.

Mr. Speaker, one of the goals of this GNWT action plan was to seek financial stability within voluntary organizations and to link GNWT and federal government voluntary support initiatives. The federal government must hear what these cuts mean to us as a territory, as an Assembly and as a people. The government needs to display its ability to handle the situation and to ensure that those commitments made last year to those volunteers are truly met.

Mr. Speaker, in closing, I look to Cabinet for leadership on this issue, commitment to be followed through, and support demonstrated clearly to the volunteer sector. Thank you, Mr. Speaker.

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Thank you, Mr. Speaker. Mr. Speaker, today I would like to talk briefly about the capital planning process and what I think are deficiencies that I think are costing us probably an extra 30 percent of our capital budget and the steps that we could take, I think, to remedy that and put much needed dollars back into the process.

The question is very simple: Why is it that a homeowner that’s going to build a house will manage to have the supplies on the ground in late winter, just before spring, so that when the ground thaws they are doing footings and the outside construction? Why is it that Diavik Diamond Mines, for example, a huge capital project out on the barren lands, could get their supplies in over tremendous distance and difficulty on the ground and get their mine built on schedule and on budget? How is it that Diavik Mines can come into Yellowknife -- one of our best corporate citizens, I might add -- can come into Yellowknife and pick up two big projects and bring them in on time and under budget? When, as a government, we routinely take extraordinary amounts of time to plan, design, and then finally build, and when the homeowner and major construction projects are going inside in the winter to do the inside work we are breaking ground to pour concrete?

The issue to me, Mr. Speaker, is very simple. It’s bedevilled us now for decades. I’ve worked for 20 years with the government and I put in 11 years in this Legislature and we constantly struggle with what do we do with our capital planning process to make it more efficient. Yet we have never, in my opinion, taken the time to look at the process from this particular forum right up to delivery on the ground with the project. It is my contention, Mr. Speaker, that we could save probably up to 30 percent of our capital budget if in fact we could readjust how we do our planning right from this Legislature to the ground. We should be able to duplicate what the business community can do with major projects, what the homeowner can do. I would suggest that as we look forward here that we should take the time, in fact, to look at that process. I will say once again that I believe we can save up to 30 percent of what we now spend on our capital budget and I would further suggest that we might want to take the opportunity, if necessary, to ask Diavik or one of those very successful companies to take a look at how we do business, to help us out. Thank you.

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Thank you, Mr. Speaker. Mr. Speaker, there’s a TV program that’s called Extreme Makeover that’s about fixing homes requiring major renovations for families in need. The show sends the members of the household on a vacation while their homes are being fixed. Well, Mr. Speaker, I think this House can use a northern version of Extreme Makeover, Mr. Speaker. The makeover crew will be the Regular MLAs. We’ll find the money and we’ll send Cabinet on a little vacation, maybe to Disneyland or to Bern Brown’s Fishing Lodge in Colville Lake, just like they do to the residents of the house on the Extreme Makeover show, Mr. Speaker. We’ll start with one room of this House. Let me think. Hmmm. We’ll start with the Sahtu room.

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Then we’ll keep working on all the regional rooms until we’re done. However, time will just allow the Sahtu region, for this episode anyway, Mr. Speaker.

We could get into the attitude of getting the job done right. We can, we would consult with the people, get their ideas of what needs to get done, we would shop efficiently on a united budget organizing with the airlines and other transportation carriers to get the best price for our dollars. We will set out solid design plans and consider the client’s needs first, Mr. Speaker. We will rearrange the authorities and decision-making powers to bring them within arm's reach of the residents. They will become useful to the homeowners because they are not so far away.

Mr. Speaker, we will also throw those noisy diesel-powered generators out and install heat-efficient wood stoves or even wood pellet stoves. These would be more affordable for our homeowners to operator, Mr. Speaker. We will consult with the experts, like the local heavy equipment companies and the land owners, for the best approach to secure land and save millions of dollars to get the gravel for housing pads and not have to barge gravel from one community to the next.

Mr. Speaker, the Sahtu room of this house would make a lot of room for nurses and doctors so they could stay with comfort in our communities. Mr. Speaker, we’ll use the room to help rebuild the Sahtu or listen to the input and learn the given trade. Mr. Speaker, as part of this makeover, a room would be used for day care centres that is easier for young mothers and fathers to make a contribution to the household, knowing their children will be playing happy and have a safe home.

Mr. Speaker, finally with the renovations complete we’ll bring Cabinet Ministers back to port from their retreat, show them what we have done. Hopefully the Sahtu renovation will inspire other makeovers…

Thank you, Mr. Speaker. Mr. Speaker, I apprenticed with DPW quite a few years ago and one of the things I noticed when I was apprenticing there was the amount of employees we had there from the South that would just come up, work, and then leave. It was easy for them because there was so much incentive for them to come north and work here. As more and more northerners became trained and the incentives became less and less, because working and living at home should have been your incentive, a lot of them left.

A good case, Mr. Speaker, would be we’re going through the same thing right now, but it’s with our nurses. We have nurses that are working side by side with nurses that come up from the South and they’re getting paid less money. The ones that come from the South, and we thank them for coming north and working up here but, at the same time, we have to look after the girls, the nurses from the North that are trained and plan to live here, make the North their home.

Last year, Mr. Speaker, there were 26 graduates and I believe this year we may have 11 more. By doing this we’re sending them the wrong message. Are we telling them that they would be better off financially living down south but coming up north to work for two weeks, side by side, get more money, get a housing allowance, get their way paid up, and then they can go down, spend their money south where the cost of living is a lot cheaper than it is up here. We’re sending these graduates the wrong message and I think it’s time that we started taking care of the nurses that plan to make the Northwest Territories their home; the ones that were born and raised here, they want to work here.

The amount of money that they get paid, they work 12-hour shifts and they get paid at a level that’s lower than a lot of people and, Mr. Speaker, I don’t think that’s very fair. They provide a service that’s essential to the North and is this how we tell them how much we value they work that they do, by making them work long, hard hours for less money? I think it’s time this government, Mr. Speaker, stepped up to the plate and showed these nurses how much we value their commitment to the North and the work that they put into the North. Thank you.

Thank you, Mr. Speaker. Mr. Speaker, today I want to talk about something which is, I believe, a long held perception in the public about the way in which things work in this Assembly. Each Member elected to the Assembly has the right, privilege, and even the obligation, to stand up for their constituents. They also have the right to speak their conscience on matters of conduct and integrity. They should be able to do that without any fear of reprisal.

This is a unique institution in that we ourselves are the gatekeepers on the standard of accountability and integrity to which we wish to aspire and hold ourselves. From time to time it is part of our job to speak to matters of conduct and integrity. We should never feel that doing so will compromise the interest of our constituencies. There are people in our constituencies who feel that if a Member speaks to difficult issues that cause anything but happiness for the Members of our Cabinet, we do so at the peril of the aspirations of our ridings. I’d like to believe that this is not the case.

I’m not a big fan of bullying or intimidation tactics and there is no limit to the depth in which the principles of democracy could sink if this happens. We should be vigilant to defend the rights of freedom to express both support, when it’s merited, and disapproval of what we see coming from our leaders. I, for one, will fight long and hard and even loudly to discourage the reality or perception of the theory that those who don’t conform will be punished or intimidated in some way.

Mr. Speaker, there are people out there who don’t know how things work in this government, who think that there’s a list of initiatives or capital projects sitting on the Cabinet table and when the Member for that riding does something they shouldn’t do, there’s a little pen that comes out and arbitrarily things start getting stroked off. People still think that in this day and age, and I am standing up today because I want to dispel that theory because I don’t believe that’s the case, nor should it be the case. I’ll have questions later today for the Premier on his thoughts on this matter. Thank you, Mr. Speaker.

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Mahsi, Mr. Speaker. In 2004, at the insistence of this Assembly, a human resource review was undertaken at the North Slave correction facility, Mr. Speaker. This plan tells us that there is, or should, be a strong focus at the North Slave Correctional Centre shifting from a penal or punishment approach to one of healing and rehabilitation of inmates. This is a very positive step, but from some things that I’ve heard from some inmates, constituents, over the course of the past few months, from what I’ve heard, Mr. Speaker, we’re not there yet.

Mr. Speaker, it appears that adequate staffing at the facility and training is still an issue there. The staff are not able to fully carry out their jobs due to a lack of training. Inmates have told me that a shortage of staff dictates a number of restrictions or cancellation of programs and things that they have expected and, indeed, we should be delivering to them. A persistent complaint, Mr. Speaker, is an inadequate communication with staff, getting different messages at different times from different people about their situations.

Mr. Speaker, it’s especially troubling, I heard from some remanded inmates or persons awaiting trial who have been there for months, who are denied access to programs, even very, I think, rudimentary and elementary programs that they should have access to even though they may not be serving time for a conviction. Mr. Speaker, I’m particularly concerned too about restrictions to access for volunteer support and help organizations such as the John Howard Society. These are things that must change immediately if we’re going to allow the rehabilitation that we aspire to there.

Mr. Speaker, along with the HR review and the steps in progress to implement this, I’m wondering if it’s time for a performance and operational review of our correctional service to see that it is indeed implementing what we want it to do, Mr. Speaker.

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Thank you, Mr. Speaker. Mr. Speaker, I wish to speak today about the importance of doing what we can in this government to support the small businesses all over the NWT and in Yellowknife. Mr. Speaker, I have to tell you that I have just heard from my constituents that there are two restaurants in this town that are looking at closing their doors this summer. This is primarily due to rising expenses, labour shortages and generally a very negative business environment in Yellowknife, Mr. Speaker. I have spoken of this before and I have to tell you that we need to do more to create a better small business environment.

One of the suggestions and questions that I asked in the House had to do with reducing the small business corporation tax. As you recall, Mr. Speaker, in the last budget there was a reduction for the big corporations, but there was supposed to be a review done for the small, but it has not come about yet and I’d like to ask the government to revisit that.

Another thing that needs to be done, of course, and that’s another thing that’s been raised a lot, is to reduce the red tape and regulations and rates of WCB and the Power Corporation. Another thing that’s on the table that I think should get more attention is to reduce the northern residents tax deduction because, Mr. Speaker, even though this is a federal issue it’s a small thing that we can do and if we are not successful in lobbying the federal government to change that -- because who knows how long that’s going to take -- it is incumbent that this does not excuse this government from doing anything on our own to make ourselves more competitive.

Mr. Speaker, I’d like to say that Range Lake, the riding that I represent, is one of the most prosperous ridings in the NWT probably. I tell you, this summer almost half of the houses went up for sale. The word on the street is that the people who are doing business and living here are finding that it’s just way to expensive to live and do business in the North, and this government is not doing enough to reduce that. The fact is the AOC members visited small communities this summer and we talked about and listened to people about the cost of living issues and that’s a serious issue for small communities versus Yellowknife. But I tell you, for Yellowknife, our competitor is Alberta and Alberta cities and we’re just not being competitive enough.

So, Mr. Speaker, I’ll be looking in this last budget of this Assembly for the government to do something about dealing with this issue head on. Thank you.

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Mr. Speaker, I had an opportunity to travel home to Fort McPherson last weekend and spend time with the Teya family. As we all know, William Teya has been missing since September 24th.

Mr. Speaker, Mary Teya and her family would like to thank the people who searched tirelessly day in and day out for over a month, and to the people who provided and prepared the meals for the participants in the search. The community continues to search for William Teya and the RCMP are still following up on leads. I encourage the public to do whatever they can to assist the community, the RCMP, and to help in any way to bring closure to this matter.

Mr. Speaker, I would like to say mahsi cho, thank you very much, to the RCMP, Canadian Rangers from Fort McPherson, Old Crow in the Yukon, the communities of Fort McPherson, Tsiigehtchic, Aklavik, Inuvik, Fort Good Hope and Old Crow, and all the communities that supported across the Territories and their participation and their donation to the search.

Mr. Speaker, I would like to thank all who have been supportive of the Teya family, encouraged them to continue their support over the days and months to come. All their thoughts and prayers have been a help to the community and to the Teya family in their time of need. With that, mahsi cho to you all. Thank you.

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Thank you very much, Mr. Speaker. It's my pleasure today to read into the record the report of the Accountability and Oversight committee of the review of the Report of the Auditor General on the Workers' Compensation of the Northwest Territories and Nunavut.

Mr. Speaker, the Standing Committee on Accountability and Oversight held its public reviews on the Report of the Auditor General on the Workers’ Compensation Board of the Northwest Territories and Nunavut from June 28 to 30, 2006, and on September 20, 2006. The committee was pleased that Mr. Keith Peterson, a Member of the Nunavut Legislative Assembly and Standing Committee on Government Operations, was able to attend our June proceedings as an observer. The committee would like to thank the Auditor General, Ms. Sheila Fraser, and her staff for their excellent work in preparing the report and in assisting the committee with its review. We would also like to thank everyone who provided written submissions or appeared before the committee, and in particular the injured workers and their family members who showed great courage by speaking in public about their personal experiences.

Mr. Speaker, the report of the Auditor General came about at the request of the Legislative Assembly after years of frustration on the part of injured workers, their families, and MLAs with the callous and corporate-centred administration of the cases of some injured workers.

The Auditor General of Canada accepted our request to conduct a performance audit of the Workers’ Compensation Board, the Appeals Tribunal and related offices to look into their compliance and process in relation to these cases. In all, about 40 files were referred to the Auditor General.

The committee, Mr. Speaker, does not find a WCB in crisis, and neither did the Auditor General of Canada. However, several areas of fundamental concern have been identified. These are at the most senior levels of the WCB and consequently, Mr. Speaker, have filtered into the organizational roots and culture of the board.

These issues have caused this most vital of our labour institutions to go astray, violate and deny the rights and privileges of some injured workers and allow an attitude of indifference, avoidance and denial to pervade the board and the tribunal.

The Auditor General's report makes 36 recommendations, almost all of which the relevant workers’ compensation authorities have agreed with. This is a start to the process of rehabilitation. Changing the policies and performance will take some time, but it must begin with the will and the commitment of the Governance Council and senior WCB executives who are entrusted with this essential part of our economy and our society.

The report states that the WCB is an important public institution that needs to have the confidence of the community. The committee was pleased that the Auditor General was able to confirm many aspects of the system are working well, including the processing of claims according to policy, and the financial position of the accident fund.

However, Mr. Speaker, as the report indicates, and as our discussions with employers, workers and other stakeholders confirm, there are many areas where fundamental change is needed, including policy development, accountability to stakeholders, the claims process, and communications. The existence of several unresolved claims that go back decades is particularly troubling for Members, Mr. Speaker.

The Standing Committee on Accountability and Oversight recommends the Minister come forward with options to expedite the resolution of long-outstanding claims, and to improve timelines for the hearing of appeals.

Mr. Speaker, I would like to ask my colleague, the honourable Member for Range Lake, to continue reading the report into the record.

Thank you, Mr. Braden. The honourable Member for Range Lake, Ms. Lee.

Thank you, Mr. Speaker. Mr. Speaker, the Governance Council must continue to show leadership and commitment, as it demonstrated in its appearance before committee in June, to improving the policy development process, and in particular resolving difficult issues such as chronic pain and pre-existing conditions. The council should not be afraid to break new ground and try made-in-the-north solutions where approaches borrowed from other jurisdictions do not work.

The council should also continue its work to improve accountability, for example, by developing its external reporting as well as its internal balanced scorecard. In the area of risk management, we encourage the council to expand its efforts to prepare for a Mackenzie gas project beyond reviewing the rate structure to, for example, looking at the adequacy of its policies to deal with the types of injuries and issues that are likely to come with such a mega project.

Following our discussion with members of the WCB administration, the committee was concerned that management may not fully appreciate the need for substantive changes to the way the board deals with claimants. For example, one member of the management team admitted that due to turnover and operational requirements, some training takes place on the job. This is not acceptable. It is essential that all claims staff receive sensitivity and customer service training. Further, this training should be provided by outsiders who can provide a fresh perspective and experience from other organizations.

Plain language communication is another area that requires improvement, and the committee welcomed the administration’s commitment to progress on this front. We encourage the WCB to look not only at the letters it sends out to claimants, but also at developing plain language versions of at least the most commonly used policies.

At the time of our June hearings, the Governance Council and board had not yet had the opportunity to develop a work plan for addressing the Auditor General’s recommendations, and advised us that they were working on a draft protocol for communications with the Minister and Legislative Assembly. The committee looks forward to reviewing both the work plan and the draft protocol in the coming months. The committee will also consider making a regular practice of conducting public hearings on the annual reports tabled by the WCB, Appeals Tribunal and workers’ advisor in order to keep the lines of communication open as we work toward a more effective workers’ compensation system.

The Standing Committee on Accountability and Oversight recommends the Minister ensure the Governance Council and Workers’ Compensation Board administration complete a draft communications protocol and an action plan to address the Auditor General’s recommendations, and forward these to the committee by the end of 2006.

The committee was pleased to hear that the Appeals Tribunal is developing its own website and is looking for a location outside of the WCB’s offices. The actual and perceived independence of the tribunal from the board is essential to its credibility and performance. The committee encourages the tribunal to work on developing performance measures which will help it to become more accountable to the public.

The standing committee recommends that the Minister locate the Appeals Tribunal offices separate and apart from the board and that this relocation be undertaken as an immediate priority.

Thank you, Mr. Speaker. I'd like to refer to Mr. Ramsay to continue. Thank you.

Thank you, Ms. Lee. Honourable Member for Kam Lake, Mr. Ramsay.

Thank you, Mr. Speaker.

While the report provided many recommendations that will help to make the workers’ compensation system more effective and responsive, the nature of audit did not allow for it to deal directly with the WCB’s corporate culture, which the committee believes is at the root of many of the concerns of injured workers and their families. Members have heard that from the perspective of at least some of the clients, the WCB has an unfriendly, fortress-like atmosphere, where workers and family members feel like they are treated with suspicion from the moment they walk in the door. The one employer who spoke at our public hearings also expressed concern with how workers are treated, and stated categorically, “we don’t authorize, permit, support WCB being ruthless of what claims it supports. … We want workers to be taken care of. … We want them to be rehabilitated, we want them to be compensated, and we want it to be done quickly and expediently. … We will pay for that.”

The standing committee recommends the Minister direct the Governance Council to overhaul its reception protocols, security practices and client and public relations functions to provide a more accessible and responsive level of service.

When we asked the workers’ advisor about his impression of the WCB’s corporate culture, in our view, he captured the issue when he said, “I believe that at some point in the last 20 years, managing the accident fund has taken a greater priority than managing the legislation.” As the workers’ advisor went on to point out, the fault does not lie with any individual WCB staff, who are, after all, doing what they have been trained to do. This is an institutional problem which the organization as a whole needs to commit to fixing.

We were concerned after discussing the WCB’s corporate culture with the Governance Council that some of the council members seemed to have the impression that what we are effectively asking is for them to always say “yes.” The committee understands that not all claimants have a compensable injury that can easily and readily be diagnosed and processed. Likewise, the committee recognizes that not all employers are always right in their demands. In some cases the answer will have to be “no.” We would like to make it clear that our expectation is not for the WCB to always say “yes,” but for them to treat all claimants and clients in a timely and professional manner, in compliance with legislation and consistent with best medical and legal practice, whether their claim is ultimately approved or not.

The committee believes that the improvements to staff training, communications, and the policy development process recommended by the Auditor General, when implemented, will help to improve clients’ experiences with the WCB. However, we also believe that more is needed to reorient the WCB to a customer service focus. The WCB has a mandate not only to manage the accident fund, but also to assist injured workers and their families.

The obligation the board has to the families of injured workers cannot be underestimated. The committee was especially moved by accounts it heard from workers, and their spouses, of the pain and turmoil suffered by families when workers -- most often the key family providers -- lose their jobs and, over time, their sense of worth and value to themselves, their families, their fellow workers, and their communities.

The standing committee recommends that mandatory orientation and training be implemented for all new employees before they are allowed to engage clients. The committee further recommends ongoing professional development be programmed for each employee, manager, executive and member of the Governance Council and Appeal Tribunal, and documented and reported annually, as a key component of performance measurement.

This duty to assist should be stated clearly in the Workers’ Compensation Act. As the workers’ advisor suggested, it is perhaps time to also supplement the Meredith principles, which are the foundation of our workers’ compensation system, with new concepts that are needed for the 21st Century. While it is impossible to legislate compassion and good customer service, the committee believes a clearer articulation of the WCB’s mandate would provide guidance and help to set an appropriate tone for the corporate culture.

The committee stresses that the Workers Compensation Board has a unique role as our society’s lawful, mandatory and sole worker insurance program. As such, when injury and job-related illness occurs, the worker deserves the board’s fullest consideration, compassion and support services. We expect our WCB to do more, and do better, for injured workers in the NWT and Nunavut. They expect it, and their employers pay for it.

The Standing Committee on Accountability and Oversight recommends the government introduce amendments to the Workers’ Compensation Act that set out the WCB’s mandate, including its duty to assist injured workers, in clear terms.

Mr. Speaker, I would now like to pass the floor over to my colleague Mr. Yakeleya. Mahsi.

Thank you, Mr. Ramsay. Honourable Member for Sahtu, Mr. Yakeleya.

Thank you, Mr. Speaker.

One of the intended advantages of the workers’ compensation system was to create a non-adversarial alternative to the courts that would be provide a less complicated and faster process for resolving claims. Unfortunately, many claims have nonetheless ended up before the courts. The WCB is well equipped to litigate these cases with staff lawyers and lawyers on retainer.

Claimants, however, are at a considerable disadvantage to the WCB. Injured and often without income, they must often rely on legal aid, which will not necessarily pay for counsel with expertise specific to workers’ compensation issues. Claimants may also have difficulty accessing independent medical advice. This means that when the system does become adversarial, there is a tremendous imbalance of power and resources.

The committee heard suggestions that one way to correct this imbalance would be to set up a legal fund for injured workers or to expand the mandate of the workers’ advisor to allow claimants to obtain legal representation and medical advice through that office.

Other witnesses spoke against this approach, which they are concerned could push more cases into the justice system, and instead favoured making the workers’ compensation system work in the non-adversarial way originally intended. Among this group was Governance Council member Steve Peterson, who told us, “litigation is not what compensation systems is about. …It is supposed to be worker reps and employer reps sitting down compassionately overviewing the file. …I think that if we were able to go and be much more diligent in our principles and make sure the presumption favours the worker and those issues are addressed with that sort of focus, we would avoid a lot of this litigation. … I think that it’s something we can resolve in-house if we were more diligent in enforcing that presumption for the worker.”

The committee cannot support such an idealistic approach. While sound policy applied by well-trained staff using best practices should resolve most cases, it must be accepted that mistakes, errors and challenges will occur. It must also be accepted that the average worker will need legal or other professional help to get answers. The recent Valic (NWT Supreme Court) and Rennie (Nunavut Court of Justice) cases are illustrative of the delays and procedural hurdles injured workers can encounter in trying to have their claims resolved.

The standing committee recommends the Minister direct the worker’s advisor to draw up a proposal to provide for assistance to workers who need expert medical evidence, and/or legal assistance with judicial reviews, to move their case forward.

Now I will ask Mrs. Groenewegen to continue on with the report.

Thank you, Mr. Yakeleya. Honourable Member for Hay River South, Mrs. Groenewegen.

Thank you, Mr. Speaker.

A good deal of discussion during our public hearings centred on the role of the medical advisors in the workers’ compensation system, and in particular on what happens when their opinions conflict with the opinions of outside physicians. As the workers’ advisor told us, the issue of “objective medical evidence” accounts for about 60 percent of his caseload. It is also a factor in many of the WCB’s long-unresolved claims.

As the report states at paragraph 157, “the medical advisors’ views carry considerable weight with caseworkers, claim managers and the Review Committee. In addition, the Appeals Tribunal considers the medical advisors views to be important evidence.” The committee heard that the WCB routinely accepts the assessments of its medical advisors, who, they argue, are experts in what causes injuries, over the assessments of one or more specialists. Many injured workers find this especially difficult to accept, as often the WCB’s medical advisers will make an assessment based on the file alone, without conducting a physical examination of the worker. Medical advisor Dr. David King explained to us that he and his colleague are able to provide objective evidence of the possibility of a claimant’s injury being caused by his or her workplace based on reviews of scientific literature. In Dr. King’s view, this science-based evidence should be given more weight than personal or professional opinions. The workers’ advisor challenged this method, which, from his perspective, also contains a frailty in that examinations of scientific literature may be as subjective as clinical evidence; for example, more emphasis may be placed on some studies than others.

If there is one area of common ground among those involved in this process, it is the frustration that some claims have remained outstanding for years because of the inability to resolve conflicting medical opinions. It is also an area of considerable debate in WCB circles across Canada. We are not alone in this.

The committee agrees with the Auditor General’s finding that a better process is needed to resolve conflicting medical opinions. We would add that this process must be independent, must provide finality, and must reflect the principles behind the workers’ compensation system, and in particular the presumption in favour of the injured worker.

The Standing Committee on Accountability and Oversight recommends that, as a priority, the Minister work with the Governance Council to develop options for an independent means of resolving conflicting medical opinions that provides finality, and that reflects the basic principles of the workers’ compensation system and in particular the presumption in favour of the worker.

The committee looks forward to continuing to work with the Minister, Governance Council, WCB, workers’ advisor and Appeals Tribunal, toward achieving a more effective and responsive workers’ compensation system.

Thank you, Mrs. Groenewegen. Motion is on the floor. Motion is in order. To the motion.

Question.

Question is being called. All those in favour? All those opposed? Motion is carried.

---Carried

Committee Report 5-15(5) will be received by the Assembly and moved into Committee of the Whole for consideration.

Thank you. Sometimes we lose track of where our constituents live. I thought Mr. Jones was my constituent. Mr. Speaker, I would like to recognize Julia Trennert in the gallery today from Hay River. She is the sister of our colleague from Nunakput; Julia Trennert.

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Thank you, Mrs. Groenewegen. Recognition of visitors in the gallery. The honourable Member for Tu Nedhe, Mr. Villeneuve.

Thank you, Mr. Speaker. I’d like to recognize the Fort Resolution Metis Council president and one of the original native cousins, Mr. Lloyd Cardinal.

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I’d also like to recognize Vern Jones because he is my cousin-in-law. Welcome to the House.

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Thank you, Mr. Villeneuve. Recognition of visitors in the gallery. The honourable Member for Nunakput, Mr. Pokiak.

Thank you, Mr. Speaker. Thank you, Mrs. Groenewegen. I’d like to recognize my sister Julia Trennert up in the gallery. Thank you very much.

---Applause