Forest fires aren’t always bad. As we know, they produce morel mushrooms and we’ve seen some economic benefit from that. As well, Mr. Speaker, with the trees that have burnt, there are opportunities to harvest those for biomass as well. We’ve had some discussions with folks who are interested in doing just that. I would encourage folks, if they are in the Member’s communities, if they want to approach the Department of ITI, we would be interested in talking to them about harvesting that resource. Thank you.
Thank you, Mr. Ramsay. Member for Hay River North, Mr. Bouchard.
Thank you, Mr. Speaker. My questions will be following my statement about northern students and student financial assistance, questions for ECE. The first question I have is I know we are dealing with students who have lived in the Northwest Territories, grew up in the Northwest Territories, have left their jurisdiction for a period of time and now have to re-establish their residency. We aren’t talking about some person coming from the South who has nothing to do with the Northwest Territories; we are talking about Northerners coming back. I want the Minister to commit to changing that residency for those northern students to three months. Will he do that?
Thank you, Mr. Bouchard. Mr. Lafferty.
Mahsi, Mr. Speaker. As I indicated earlier to Ms. Bisaro, these are areas we are currently exploring. Residency has been the topic of discussion recently as well. Even though we’ve made some changes, there is always room for improvement within our policy. So the residency requirement, 12 months residency versus three months, we need to explore those options. What will be the ripple effects? What would be the benefits, pros and cons? I have already committed that this is an area that we are going to be exploring.
The Minister has indicated that it’s a policy. The point is you don’t need to evaluate it. We don’t need to monitor it. We need students to come back. We need Northerners to come back to the North.
Why do we need to monitor this? Why not give our staff the ability to change that? The Minister has the power to make that with the swipe of his pen.
Can he commit to changing this policy right here? Don’t monitor it. We are getting Northerners back to the Northwest Territories. It should be a no-brainer. Will he commit to that?
If it was that easy, I would have made that change yesterday. We are, as my department, working diligently on the particular policy that we have in place. It’s been in since 2000, so 15 years.
Obviously, we are supporting our Northerners coming back to the North. When a Northerner lives in the South, whether it be Alberta or a provincial jurisdiction, they are sponsored with 12 months’ residency. They have the same residency as we do across Canada. So once they live in southern Alberta, as such, they will qualify for financial compensation to go to school. So, we need to be very careful how we approach that. We are currently looking at that, Mr. Speaker. Mahsi.
Again, Mr. Speaker, the comments are “monitor, we’ll look into it.” Let’s just commit to getting Northerners back here. This government has a mandate to get 2,000 more people into the Territories. We need to figure out how to do that. Whether it’s the legislation or it has to be brought to this House, let’s bring it to the House. Let’s get that changed. We know it’s an issue. We know students go out and see the world after they are done high school. They are gone for a year. Those are the type of people we are dealing with as well. The Minister is giving the example of one person. We need to be flexible. We need to be able to change the student financial situation for the individual.
Is this Minister prepared to look at individual’s needs for student financial assistance? Thank you.
I want to make it clear that we are supporting our northern students to return to the Northwest Territories. That’s the very reason we have increased and enhanced our SFA program. We have increased the basic grant from $1,900 to $2,400; increased the basic grant on books from $400 to $550; increased current remission rates by 50 percent; a $2,000 northern bonus for our students, a bonus for our students to come back to the North and explore the North. Those are just some of the enhancements that we’ve initiated in 2015. We continue to make improvements as part of the SFA program, one of the best in the Northwest Territories and Canada. Mahsi.
Thank you, Mr. Lafferty. Final, short supplementary, Mr. Bouchard.
Thank you, Mr. Speaker. I agree with the Minister; I think we have a great SFA if you fit into the cookie cutter and this is the way you did it: You went to Grade 12, next year you go to school. But if you don’t fit into that cookie cutter system that we have, you’re in trouble. You are going to have to fight and scream for every dollar and you are going to have to fight with your own territorial government to get support. We are looking for flexibility, not a stringent box.
Will the Minister commit to making this SFA flexible for those people who don’t fit into that box?
Again, yes, I will be looking into it. We have to be very mindful. Our northern students go south and they get sponsorship and they come back north to go to school. We have to be careful that we don’t double-dip. They get compensation, say, from Alberta government. At the same time, we sponsor them within the three months residency as is suggested here. Those are areas we are exploring, pros and cons, the benefits to our students. Whatever we do, provincial and territorial jurisdictions are watching us. Any changes we make, obviously we will need to work with them. Mahsi, Mr. Speaker.
Thank you, Mr. Lafferty. Mr. Dolynny.
Thank you, Mr. Speaker. As we await for the Financial Administration Act, or the FAA, to come into force in April 2016, there still seems some questions around the foundation of documents that sets up requirements the government must meet in borrowing money in serving its debt. This is the updated Fiscal Responsibility Policy, which was also referenced earlier today in the fiscal update.
Mr. Speaker, this policy was brought in in 2008 and was only found as a pamphlet online. It was never properly enacted as a policy of government, which makes its very existence very difficult for Members, very difficult for the public to find and, to be truthful, to actually understand it.
Until this new FAA comes into force, changes to this policy may only be made unilaterally by the Minister of Finance without any consultation of his Cabinet colleagues or Members of this House. So my questions today are for the Minister of Finance.
There are six Canadian provinces that have passed the Fiscal Accountability Act, taking their rules and policies and placing them into law. So, aside from small modifications made to the new FAA, would the Minister at least agree that the GNWT’s Fiscal Accountability Policy needs to be updated and properly enacted in a more formal manner? Thank you, Mr. Speaker.
Thank you, Mr. Dolynny. Minister of Finance, Mr. Miltenberger.
Yes, Mr. Speaker.
That went too fast. I could barely hear the answer of the Minister. The Minister, during some of the FAA discussions, agreed that within the new act to have a Fiscal Responsibility Policy vetted through the Legislative Assembly process. But it still begs to ask why this policy has not been enacted as a big P policy of government.
Can the Minister indicate why this policy has never been given the same level of attention, and what is the department planning in this regard?
We’re turning our attention here as we conclude the capital plan, of course, to planning and being involved in the transition process to identify issues and challenges. As part of that, there will be a proposed legislative agenda, so we are prepared to look at policies that are outdated. We’ve agreed to renew, for example, legislation that we adopted as mirror legislation as part of devolution. This policy, and I agree with the Member, it’s time for it to be looked at and, as he has indicated, formalized in a much more big P way.
I got that response loud and clear and I appreciate it. With the new work underway by the Department of Finance in preparation for the enactment of the Financial Administration Act, which is on April 1, 2016, the premise of my concern here today is that fiscal accountability is too important to leave to mere policy. Rather, it should be enshrined in law.
Has the Minister given any consideration to the merits of passing a fiscal responsibility act?
The type of elevation and evolution of the current policy is one where we’re open to discussion. The issue of a piece of legislation versus a formalized policy, there are distinct differences and probably merits to each approach and we’re prepared to have that discussion.
Thank you, Mr. Miltenberger. Final, short supplementary, Mr. Dolynny.
Thank you, Mr. Speaker. The New Brunswick Fiscal Transparency and Accountability Act goes as far as to impose a $2,500 penalty on Cabinet Ministers who fail to meet their financial targets.
Given that our Ministers operate in a vacuum, can the Minister indicate what penalties, if any, are imposed on our Ministers who fail to meet their financial targets?
This is a consensus government that we operate in. There are mandate letters given to each Minister by the Premier. We work closely with committees. We have reviews of business plans. Of course, we are, in effect, a minority government and we serve at the pleasure of the Legislative Assembly. We have numerous checks and balances in terms of making sure that ministerial accountability is upheld.
Thank you, Mr. Miltenberger. The Member for Hay River South, Mrs. Groenewegen.
I think we would all agree that grandparents play a very important role in the lives of their grandchildren. In a follow-up to my Member’s statement, I have questions for the Minister of Health and Social Services.
In situations that I’m aware of – and I raise this concern on behalf of some grandmothers in Hay River – when they are denied access or visitation or are considered a priority for custody of their grandchildren, they not only deprive the grandparents but they deprive the grandchildren of a very important influence in their lives.
I’d like to ask the Minister, what is the status of NWT grandparents’ rights in terms of visitation and caregiving in the Northwest Territories at this time?
Thank you, Mrs. Groenewegen. The Minister of Health, Mr. Abernethy.
Mr. Speaker, I need some clarity before I can actually answer that question. Is the Member talking about through divorce proceedings or custody proceedings, or is the Member talking about through child and family services?
If the Member is talking about services through child and family services where a child may be apprehended or placed in different custody, the grandparents, great-grandparents, uncles, brothers, sisters and other persons qualify as extended family, and under child and family services we work with the extended families, including the grandparents, and where appropriate we can use the fostering process to actually have grandparents foster children.
Under child and family services we absolutely respect the role of extended families, including grandparents, and we work with those families to ensure that they have access to children and we support those visitations and/or placements as appropriate.
I’m also wondering: in the case where the parents of those grandchildren are obstructing the rights of the grandparents to visit or to be granted custody of those grandchildren in a situation where they’re taken into care, what do we have in legislation that precludes that from happening, where a mother or a father of children would obstruct grandparents from being able to have access to and visitation rights and custodial rights when necessary? What do we have to address that?
I can only really answer the question in the context of child and family services. If we’re talking about a divorce situation or a situation out of child and family services, you might be better positioned to ask the Minister of Justice that particular question as he is responsible for courts and those procedures.
Within child and family services, the social workers work with the families and we try to ensure that families are involved, families are engaged in the processes of supporting children. As the Member knows, we are moving forward with Building Stronger Families, which focuses on the family unit and trying to provide supports to families so that they can raise their children in a healthy, loving environment with the supports that they need, and those extend to extended families where appropriate.
But with respect to court proceedings or divorces, I am unable to answer that question. You may want to ask the Minister of Justice.
I recited other jurisdictions in Canada today in my Member’s statement that actually expressly recognize grandparents and clearly give them opportunities to pursue their rights.
Will the Department of Health and Social Services look at that new and emerging legislation in other jurisdictions and consider amendments to the Children’s Law Act to formally recognize grandparents in territorial family law?
If I remember correctly, the legislation that the Member is referring to is specific to family law, which is specific around divorces and custody issues that are going through the courts and not necessarily child protection. Within child protection we have provided significant rights and responsibilities for extended families that include grandparents, uncles, aunts, brothers, sisters. Once again, I will certainly take the information the Member is presenting and have the Minister of Justice take a look at it.
Thank you, Mr. Abernethy. Final, short supplementary, Mrs. Groenewegen.
Thank you, Mr. Speaker. Of course, I recognize that we’re nearing the end of our terms here and this is not something that’s going to happen in this Assembly and the 17th Assembly, but if the Minister could commit to working with the Minister of Justice even in the remaining days here to at least begin the research and interjurisdictional research into what is happening in other jurisdictions in Canada, perhaps we could then get a fresh start in the 18th Assembly in looking at implementing that so that our legislation is keeping up with other places in Canada with respect to grandparents.
I’ll commit to meeting with the Member after the sitting today to get the specific details. We, as the Department of Health and Social Services, I, as the Minister, have committed to the families and working with families, and I recognize that family law and divorce is a responsibility of the Department of Justice and I am sure that our two departments can work together to find a solution that the Member is referring to.
Thank you, Mr. Speaker. As I mentioned earlier today, I have a petition here signed by the people of Aklavik.
We the undersigned citizens, homeowners, hunters and trappers, community governments and recreational vehicle users are concerned about the high cost of heating fuel and gasoline, hereby support a call for proposals for a new distributor of fuel and gas and oil products in Aklavik. Thank you, Mr. Speaker.
Thank you, Mr. Blake. Item 12, reports of standing and special committees. Mr. Dolynny.
Thank you, Mr. Speaker. I wish to present Committee Report 21-17(5), Standing Committee on Government Operations Report on the Review of the 2013-2014 Northwest Territories Human Rights Commission Annual Report.
Thank you, Mr. Dolynny. The motion is in order. To the motion.
Question.
Question has been called. Committee Report 21-17(5) will be deemed read and printed in Hansard in its entirety.
The NWT Human Rights Act sets up three independent but interrelated branches: the commission, the Office of the Director of Human Rights, and the adjudication panel.
The Human Rights Commission is made up of three to five members of the public, each for a term of four years. They are appointed by and responsible to the Legislative Assembly for the general administration of the act. The commission members serving in 2013-14 were: Mr. Charles Dent, chair; Mr. Yacub Adam, deputy chair; and members Ms. Bronwyn Watters, Ms. Marion Berls and Mr. Roger WahShee.
The Office of the Director of Human Rights includes the director and commission staff who are members of the public service. This office is responsible for the administration of the complaint process and for the delivery of education workshops and the promotion of human rights throughout the NWT.
The adjudication panel is composed of at least three lawyers appointed by the Legislative Assembly, each for a term of two to four years. The adjudication panel hears complaints referred to them by the director as well as appeals of the director’s decision to dismiss complaints. The adjudication panel members serving in 2013-2014 were: Mr. Adrian Wright, chair; and adjudicators Mr. James Posynick, Ms. Karen Snowshoe, Mr. Sheldon Toner, Ms. Joan Mercredi and Mr. Louis Siebert.
The message from the chair provides a summary overview of the accomplishments of the Human Rights Commission during the fiscal year.
In this year’s message, Mr. Dent opened his remarks by noting that 2013-2014 was a year of change for the Human Rights Commission. He welcomed new staff members and thanked outgoing members. He noted that the Human Rights Commission began a program of rebranding to create a new look and tone for the commission, including a new slogan and a social media presence. The new slogan “Let’s Talk” is intended to invite conversation and encourage discussion about human rights topics. The commission hopes to foster a culture of kindness, tolerance and acceptance, where everyone is treated with dignity and respect.
The commission celebrated its 10th anniversary in 2013-2014. As well, work began on a comprehensive review of the Human Rights Act, which will include consultation with stakeholders and the public and is scheduled to take place in 2014-2015. Mr. Dent indicated to the committee that the commission has taken note that other jurisdictions have included genetic discrimination to their list of prohibited grounds of discrimination. The commission takes the position that genetic discrimination could amount to discrimination on the basis of a disability or perceived disability. MLAs were encouraged to consider whether this should be added as a prohibited ground under NWT legislation. Committee members took note of this recommendation.
The NWT Human Rights Commission has done excellent promotional work to inform citizens of their rights and responsibilities under the Human Rights Act. This work includes attending tradeshows and conferences, conducting presentations and workshops for employers, and outreach to schools.
The commission attended trade shows in Fort Smith, Yellowknife and Hay River and participated in a services marketplace during a meeting of community justice leaders. Workshops and information sessions were provided to a number of organizations and agencies, including the YK Housing Authority, the Salvation Army, Hay River Health and Social Services, Local Government Administrators of the NWT (LGANT), the NWT Seniors Society and Aurora College education students in Fort Smith.
The standing committee was pleased to see that commission representatives continued their practice of visiting communities across the NWT in 2013-2014. The committee remembered Mr. Dent’s indication, in last year’s review, that the commission planned, in 2013-2014, to complete its goal of visiting all 33 NWT communities in its first 10 years. When questioned about this, Mr. Dent advised that they did complete all of the planned community visits; however, they were slightly delayed in getting into a few communities, having rescheduled at the request of these communities. Despite this small delay, the standing committee commends the commission for its achievement in visiting all NWT communities and for its dedication to community outreach.
Rounding out its community outreach efforts in 2013-2014, the commission presented a financial contribution to Ecole St. Patrick for their NWT Best Buddies Chapter, the first in the Northwest Territories, aimed at creating a safe and inclusive school environment. The commission also attended the NWT Pride celebrations, celebrated International Human Rights Day on December 10th, and presented the 2013-2014 Human Rights Commission Accessibility Award to Power Surge Technologies Ltd., of Hay River, for incorporating accessibility features into its new building.
The standing committee was, as always, impressed by the scope of public education and outreach undertaken by the commission in 2013-2014.
As part of its rebranding program, the commission’s main website nwthumanrights.ca was reorganized and revitalized to make it more user-friendly.
In discussing the commission’s website and social media projects with the standing committee, Mr. Dent noted that the commission had seen a drop-off in the use of the Teachers’ Toolkit website, which provides teachers with resources for discussing human rights topics as part of the social studies curriculum for grades K-12. Mr. Dent advised that the commission is looking at ways to make this resource more accessible.
The commission launched its own Facebook page in 2013-2014, by holding a Facebook Action Week leading up to the celebration of International Human Rights Day. The commission encourages the public to join them on Facebook by liking their page at facebook.com/nwthrc.
As previously noted, the commission began work on updating its visual identity and on a comprehensive review of the Human Rights Act as part of its internal development in 2013-2014.
As it has in years past, the commission again hosted an audio conference presented by Lancaster House. Based in Toronto, Lancaster House is a leader in providing information on labour, employment and human rights law for employees, employers, professional organizations, unions, management and legal practitioners in Canada. In November 2013 the commission hosted a Lancaster House audio conference on accommodating multiple holidays in a multicultural workplace. These conferences are available from any community in the NWT and access is provided free of charge.
As well, the commission continued its work in the area of process improvement. This year this work was undertaken as part of a three-agency working group – with members from the commission, director’s office and adjudication panel – tasked with finding ways to improve the process for people who make complaints under the act.
The NWT Human Rights Act protects people from discrimination in employment; access to public services; tenancy, including business leases; membership in a trade union or professional organization; or in published materials such as signs, newspapers or other advertising.
In 2013-2014 the director of human rights received 327 inquiries, compared with 309 inquiries in the previous year. This figure does not include inquiries made at public outreach events. Of the 2013-2014 inquiries, 174, or 53 percent, originated in the North Slave region, compared with 51 percent in the previous year.
At the beginning of 2013-2014, there were 25 existing complaints with the director’s office. Thirty new complaints were filed during the year, compared with 15 new complaints in the previous year. Sixteen of these 55 complaints were resolved, leaving 39 open complaint files at the end of fiscal year. Of the 30 new complaints, 19, or 63 percent, originated in Yellowknife.
The NWT Human Rights Act identifies 21 grounds upon which discrimination is prohibited. A person may allege discrimination based on more than one ground in their complaint. Again this year, disability was the ground with the highest number of complaints – 47 percent – as it has been for the past nine years. The standing committee remains deeply concerned by the high number of complaints of discrimination on grounds of disability.
The NWT Human Rights Adjudication Panel is separate and independent from the commission and hears complaints, referred by the director, and appeals of the director’s decision to dismiss complaints. Through the hearing process, adjudicators objectively examine evidence presented to them, to determine if discrimination has occurred. They also decide on an appropriate remedy if discrimination has occurred.
During the course of 2013-2014, the adjudication panel closed one file by mediation, one by adjudication and two by other processes, ending the year with 14 files outstanding. All decisions made by the adjudication panel are public and may be viewed by clicking on the “decisions” link on the commission’s website at nwthumanrights.ca.
This section of the report reiterates the commission’s plans for the coming 2014-2015 fiscal year, noting community visits planned for Nahanni Butte, Trout Lake, Fort Simpson, Inuvik and Sachs Harbour and trade shows planned for Fort Smith and Hay River. In addition to the plans the commission has already identified for the 10th anniversary celebrations and the comprehensive review of the Human Rights Act, the report notes that the commission will also be involved in a Safe and Caring Schools Working Group led by ECE as part of the Education Renewal and Innovation Initiative.
The budget for the commission is reviewed and approved by the Legislative Assembly’s Board of Management. The Legislative Assembly pays the salary for the director and deputy director, honoraria for the Human Rights Adjudication Panel, and rent expenses for the commission. These items are not included in the commission’s financial statements.
Statement of General Operations for the year ended March 31, 2014 shows:
The majority of the commission’s revenue comes from the GNWT via an operating grant of $250,000. This funding remains unchanged from the previous year.
Total revenues less expense reimbursement equal $228,813, an increase of 3 percent from the previous year.
Expenses decreased, dropping from $206,966 to $181,139, a drop of 12.5 percent from the previous year.
Some other items of note in the commission’s financial statements include:
advertising and promotion costs which remained relatively consistent at just over $10,000 for the year;
a 48 percent decrease in the honorarium paid to the commission chair and a 39.9 percent decrease in the honoraria paid to commission members; and
a 29 percent increase in legal expenses.
Revenue over expenses totaled $47,674, leaving the commission with a surplus again in 2013-2014.
The standing committee noted that the commission’s financial statements show no travel expenses for the commission chair or members, despite the fact that travel took place. When questioned about this, Mr. Dent explained that the travel costs were covered under the line item for expense reimbursement. The committee felt that, in the interests of transparency and accountability, this information should be broken out in the financial statements. Committee members suggested that Mr. Dent work with the Legislative Assembly’s corporate services division to find a way to more clearly present the commission’s travel costs in its financial statements.
The Standing Committee on Government Operations congratulates the NWT Human Rights Commission for another successful year. Members applaud the efforts of its members and staff, particularly in the area of community outreach, for promoting a culture of kindness, tolerance, inclusion and respect in the Northwest Territories to benefit all residents of the Northwest Territories.
Mr. Dolynny.
MOTION TO RECEIVE AND ADOPT
COMMITTEE REPORT 21-17(5),
CARRIED
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Frame Lake, that Committee Report 21-17(5) be received and adopted by this Assembly. Thank you, Mr. Speaker.
Thank you, Mr. Dolynny. Motion is on the floor. Motion is in order.
