Debates of February 26, 2015 (day 67)

Topics
Statements

Thank you, Mr. Speaker. When we had the focus area, the moratorium on the focus area now I think has been in place for about two or three years. We had initially put a lot of it in place when we were doing the rec leasing from the MACA side of it on Commissioner’s land.

As to the actual timetable, I will find that information here as soon as I sit down and relay it to the Member when I stand up again for the next question. Thank you.

Thanks to the Minister. I look forward to the answer with bated breath.

My next question goes to the difficulties the group that I’m talking about, the motocross group, are having in trying to advance their project. So I’d like to ask the Minister what’s the rationale for the department saying we won’t take any applications for a land lease now, we will not take absolutely any applications until this moratorium is over.

Why would the Minister not allow the department to take applications for people who indicate an interest and then not process them, but simply take an application? Thank you.

The intent of not taking any applications at all is so we can concentrate on the focus area and what it can sustain. I take the Member’s point, though, about just taking applications and not processing them and I take her point and I’ll have a discussion with officials. We need to make sure that we’re able to concentrate on the work at hand, get the rec policy framework done and then we can move forward in trying to identify potential spots in the focus area for possible lease opportunities. This is a huge issue right in the focus area because that’s where the greatest demand is. Across the rest of the Northwest Territories it’s not such a huge issue. That’s why there’s no interim withdrawal there. Thank you.

Thanks. I didn’t hear an answer to my first question, but I imagine the Minister is still working on that.

The Minister, again, is referring to a huge demand for cabin lots or for hunting and fishing licences. I want to say again that this organization is asking for a piece of land that is not going to be used for cabin-type activities. It’s going to take motocross, dirt bikes, et cetera, out of the woods and onto a track which is where they need to be. They are planning on education. They are planning on youth. They are planning on highlighting safety and all that.

I would like to ask the Minister, since this area is not going to be used for cabin-type recreational space, would he reconsider an application from the motocross group to let that land be leased? Thank you.

A decision was made not to entertain any applications in a focused area. This falls within the focused area. If we were to entertain any applications for this particular piece, then we would have other folks coming forward saying you need to entertain an application for this or for that. I think we need to treat all groups and those interested in leasing opportunities equally. The answer to the first question is mid-2016 our plan is to have all the work done.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. Final, short supplementary, Ms. Bisaro.

Thank you, Mr. Speaker. Thanks to the Minister. That’s a long time. That’s 18 months from now. The work might be done by then, but I guess it seems to me that this land withdrawal has been in place a lot longer than just six months.

When did this land withdrawal first start? Thank you.

I believe I said it’s been in place for about three years now while we’re doing the work for the first part of it through Municipal and Community Affairs, as we’re doing the rec leasing policy framework. So we are anticipating that we’ll be done by mid-2016.

We have to identify a lot of areas within the focus area. We are looking at opportunities to possibly release some lots for leasing because these lots are developed and are within developed areas. We are looking at that possibility. We are expecting to make an announcement very soon on whether that’s going to go ahead or not. So, there will be opportunities there.

I commend the patience of the people who are looking for recreational areas. They’ve been very patient with the Department of MACA and now Lands through the last three years. We thought this was a way we could possibly get some out there. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The honourable Member for Range Lake, Mr. Dolynny.

QUESTION 719-17(5): SAFE SCHOOLS LEGISLATION

Thank you, Mr. Speaker. On May 31, 2013, our Minister of Education indicated to us that legislation alone to deal with bullying was not enough. He indicated then: “…we will finalize our Territorial Safe Schools Action Plan to address bullying and develop regulations, policies and procedures that will create safe learning environments.” So my questions today are for the Minister of Education, Culture and Employment.

On October of that year, the Standing Committee on Social Programs on Bill 12, An Act to Amend the Education Act, recommended that a territorial code of conduct for safe schools guidelines and regulations be provided by the standing committee and other stakeholders in education for review and feedback in advance of their enactment.

Can the Minister indicate if this reasonable request from standing committee was ever acted on in good faith by the department? Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Dolynny. The honourable Minister of Education, Culture and Employment, Mr. Lafferty.

Mahsi, Mr. Speaker. When we first talked about the safe and caring school legislation, there was discussion about a territorial school code of conduct being established in all schools. So those are just some of the discussions and engagements we’ve had with the school boards. They are moving forward to developing their own code of conduct within the school establishment. That has been in place.

There has been a lot of discussion happening at the school level. We are hoping in the beginning of the 2015-16 school year an overall code of conduct will be established. Mahsi, Mr. Speaker.

So from what I’m gathering, we are still working on that program. A further action of this report by standing committee was that a territorial code of conduct, safe school guidelines and school practices should empower bystanders to report bullying and ensure protective measures are taken afterwards.

Can the Minister indicate how is it today monitored, measured and reported to this department and to Members of this House? Thank you.

Each school is provided with the tools and supports to develop and implement the most effective and relevant safe school plan for their school and also the community, and there’s also an evaluation monitoring mechanism. With every program that we’ve established, we’ve initiated, there’s a MEA, monitoring evaluating accountability aspect to it because it’s very important that we evaluate how our program is operating. So, this is one area that we continue to push forward with the school boards on an annual basis. Mahsi.

Another action of the standing committee is to provide schools with the option of adopting mandatory counselling to bullies and provide adequate resources to schools choosing this course of action.

Can the Minister indicate is this being done in our schools and can he elaborate on the results? Thank you.

There’s a variety of stakeholders involved with these types of discussion. One of the areas that the Member is alluding to, mandatory counselling, has been brought up. We’re fully aware of that, and even the superintendents of school boards are aware of it, as well, and how can we mitigate that into our current code of conduct measures.

So, these are ongoing discussions that we are currently having with the school boards. Mahsi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Lafferty. Final, short supplementary, Mr. Dolynny.

Thank you, Mr. Speaker. I appreciate the Minister’s response on the last one.

Standing committee again recommended that ECE should stay abreast of the website developments that pose a risk to students and that ECE provide an updated list to education authorities of those websites that should be blocked on school communication systems.

Can the Minister indicate if this is indeed in place and how is it working? Thank you.

There are all kinds of websites that have been established within my department. We’re working with the school boards. There are some websites that may not be suitable for various reasons and it’s been highlighted. What the Member is referring to is gearing towards that as well.

So, we are, again, working with the DECs and DEAs to capture that, and if it’s a concern, then we need to address it. Mahsi, Mr. Speaker.

Tabling of Documents

TABLED DOCUMENT 205-17(5): SUPPLEMENTARY ESTIMATES (INFRASTRUCTURE EXPENDITURES), NO. 5, 2014-2015

TABLED DOCUMENT 206-17(5): SUPPLEMENTARY ESTIMATES (OPERATIONS EXPENDITURES), NO. 3, 2014-2015

TABLED DOCUMENT 207-17(5): SUPPLEMENTARY ESTIMATES (INFRASTRUCTURE EXPENDITURES), NO. 1, 2015-2016

Thank you, Mr. Speaker. I wish to table the following three documents, entitled “Supplementary Estimates (Infrastructure Expenditures), No. 5, 2014-2015;” “Supplementary Estimates (Operations Expenditures) No. 3, 2014-2015;” and “Supplementary Estimates (Infrastructure Expenditures), No. 1, 2015-2016.” Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. Miltenberger. Mr. Yakeleya.

TABLED DOCUMENT 208-17(5): CORRESPONDENCE FROM DELINE FIRST NATION TO MINISTER MILTENBERGER REGARDING SAHTU GATHERING FOR THE CARIBOU CONSENSUS

Mr. Speaker, I wish to table a document referred to yesterday in questions in Committee of the Whole on the Sahtu Renewable Resources Board.

Speaker: MR. SPEAKER

Thank you, Mr. Yakeleya. Item 15, notices of motion. Item 16, notices of motion for first reading of bills. Mr. Abernethy.

Notices of Motions for First Reading of Bills

BILL 47: AN ACT TO AMEND THE CHILD AND FAMILY SERVICES ACT

Thank you, Mr. Speaker. I give notice that on Monday, March 2, 2015, I will move that Bill 47, An Act to Amend the Child and Family Services Act, be read for the first time. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Mr. Abernethy. Mr. Hawkins.

BILL 48: AN ACT TO AMEND THE MENTAL HEALTH ACT

Thank you, Mr. Speaker. I give notice that on Monday, March 2, 2015, I will move that Bill 48, An Act to Amend the Mental Health Act, be read for the first time. Thank you, Mr. Speaker.

Motions

MOTION 37-17(5): EXTENDED ADJOURNMENT OF THE HOUSE TO MARCH 2, 2015, CARRIED

Thank you, Mr. Speaker. I MOVE, seconded by the honourable Member for Thebacha, that, notwithstanding Rule 4, when this House adjourns on Thursday, February 26, 2015, it shall be adjourned until Monday, March 2, 2015;

AND FURTHER, that any time prior to March 2, 2015, if the Speaker is satisfied, after consultation with the Executive Council and Members of the Legislative Assembly, that the public interest requires that the House should meet at an earlier time during the adjournment, the Speaker may give notice and thereupon the House shall meet at the time stated in such notice and shall transact its business as it has been duly adjourned to that time.

Speaker: MR. SPEAKER

Thank you, Mr. Yakeleya. The motion is in order. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Speaker: MR. SPEAKER

Question has been called. The motion is carried.

---Carried

Item 18, first reading of bills. Item 19, second reading of bills. Item 20, consideration in Committee of the Whole of bills and other matters: Bill 12, Northern Employee Benefits Services Pension Plan Act; Bill 38, An Act to Amend the Jury Act; Bill 41, An Act to Amend the Partnership Act; Bill 46, Deline Final Self-Government Agreement Act; Committee Report 10-17(5), Standing Committee on Government Operations Report on the Review of the 2013-2014 Annual Report of the Information and Privacy Commissioner of the Northwest Territories; and Tabled Document 188-17(5), Northwest Territories Main Estimates 2015-2016, with Mr. Dolynny in the chair.

Consideration in Committee of the Whole of Bills and Other Matters

Good afternoon, committee. I’d like to call Committee of the Whole to order. What is the wish of the committee? Ms. Bisaro.

Thank you, Mr. Chair. We wish to consider Bill 38 and Bill 41. Thank you.

Thank you, Ms. Bisaro. Is committee agreed?

Speaker: SOME HON. MEMBERS

Agreed.

We will commence after a short recess.

---SHORT RECESS

I will call committee back to order. As I indicated prior to the break, we will be doing Bill 38 and Bill 41 today. With that, I’d like to go to the Minister responsible for the bill, or at least pinch hitting for the bill today, Mr. Abernethy, to see if he has any opening comments on Bill 38. Minister Abernethy.

Thank you, Mr. Chairman. I am pleased to be here today to speak about Bill 38, An Act to Amend the Jury Act.

The main focus of the amendments to the Jury Act is to permit the Department of Justice to develop regulations that will allow French-speaking residents of Yellowknife to be effectively identified for inclusion on a specialized French jury list. There are also a number of minor amendments, including one that will add Public Prosecution Service of Canada employees to the list of persons exempted from jury service. Another amendment will repeal the provision of the act that references fees being specified in the Rules of the Supreme Court, as the Jury Fees Regulations now fulfill this requirement.

The need to amend the act became apparent in 2013, when a mistrial resulted from an inability to establish a French jury in Yellowknife, despite an extensive process that saw the sheriff summons four times the usual number of potential jurors. The Criminal Code provides for the right of an individual to be tried in either of Canada’s official languages in respect of a criminal matter heard anywhere in Canada. It is our obligation to ensure that we can facilitate that here in the Northwest Territories.

The selection of an NWT jury must proceed strictly in accordance with the provisions of the Jury Act. Currently, the sheriff is only allowed to collect information derived from health care registrations that show the name and address of persons who are 18 years of age or older. There is no present authority to seek information about the languages used or understood by health care registrants. Without the changes included in this legislation, it will be difficult to empanel a French or bilingual jury in the Northwest Territories.

This legislation results from a very careful review of the government’s legal obligations. The Department of Justice has kept the Supreme Court fully informed of its plans, including sharing this proposed legislation. Departmental officials have met with representatives of the Yellowknife and Northwest Territories’ francophone communities to explore mechanisms that would permit the effective identification of a French-speaking jury pool. This engagement will continue as regulations are developed under the amended Jury Act. We know that we will need the continuing assistance of the French community, and I am confident that we will receive that support.

I would like to thank the Standing Committee on Social Programs for its review of Bill 38, and would be pleased to answer any questions that Members may have regarding this bill. Thank you.

Thank you, Minister Abernethy. I will now go to the chair of the Standing Committee on Social Programs that reviewed Bill 38 for committee comments on the bill. Mr. Moses.