Masi. Reports of committees on the review of bills. Member for Kam Lake.
Mr. Speaker, I wish to report to the Assembly that the Standing Committee on Government Operations has reviewed Bill 54, Standard Interest Rates Statutes Amendment Act. Mr. Speaker, committee wishes to report that Bill 54 is now ready for consideration in Committee of the Whole, and, Mr. Speaker, I seek unanimous consent to waive Rule 75(5) and have Bill 54 moved into Committee of the Whole for consideration later today. Thank you, Mr. Speaker.
---Unanimous consent granted
Reports of committees on the review of bills. Member for Yellowknife North.
Mr. Speaker, your committee wishes to report on its consideration of Bill 34, Mineral Resources Act. Bill 34 received second reading in the Legislative Assembly on February 12, 2019, and was referred to the Standing Committee on Economic Development and Environment for review. Today I am advising the House of committee's wish to extend our review of Bill 34 with the intention to report back to the House by August 16, 2019. The short extension will allow committee to complete its clause-by-clause review, which is scheduled to take place tomorrow, August 13, 2019, at 7:00 p.m. Therefore, Mr. Speaker, in accordance with Rule 75(1)(c) of the Rules of the Legislative Assembly of the Northwest Territories, I move, seconded by the honourable Member for Sahtu, that the review period for Bill 34 be extended to August 16, 2019. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed?
--- Carried
Reports to committees on the review of bills. Member for Yellowknife North.
Thank you, Mr. Speaker. Your committee wishes to report on its consideration of Bill 46, Public Land Act. Bill 46 received second reading in the Legislative Assembly on March 12, 2019, and was referred to the Standing Committee on Economic Development and Environment for review. Today, I am advising the House of committee's wish to extend our review of Bill 46 with the intention to report back to the House by August 16, 2019. The short extension will allow committee to complete its clause-by-clause review, which is scheduled to take place on Wednesday, August 14, 2019, at 7:00 p.m. Therefore, Mr. Speaker, in accordance with Rule 75(1)(c) of the Rules of the Legislative Assembly of the Northwest Territories, I move, seconded by the honourable Member for Sahtu, that the review period for Bill 46 be extended to August 16, 2019. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed?
---Carried
The review period for Bill 46, Public Land Act, is now extended to August 16, 2019. Reports of committees on the review of bills. Member for Nahendeh.
Thank you, Mr. Speaker. Your committee wishes to report on its consideration of Bill 45, Corrections Act. Bill 45 received its second reading in the Legislative Assembly on March 11, 2019, and was referred to the Standing Committee on Social Development for review.
Today I am advising the House of committee's wish to extend our review of Bill 45, with the intent to report back to the House by August 16, 2019. The short extension will allow committee to complete its clause-by-clause review, which is scheduled to take place on August 15, 2019, at 7:00 p.m.
Therefore, Mr. Speaker, in accordance with rule 75(1)(c) of the Rules of the Legislative Assembly of the Northwest Territories, I move, seconded by the honourable Member for Deh Cho, that the review period for Bill 45, Corrections Act, be extended to August 16, 2019. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed?
---Carried
The review period for Bill 45, Corrections Act, is now extended to August 16, 2019. Reports of committees on the review of bills. Member for Nahendeh.
Thank you, Mr. Speaker. I wish to report to the Assembly that the Standing Committee on Social Development has reviewed Bill 57, An Act to Amend the Employment Standards Act. Committee wishes to report that Bill 57 is now ready for consideration in Committee of the Whole, and Mr. Speaker, I seek unanimous consent to waive rule 75(5) and have Bill 57, An Act to Amend the Employment Standards Act, moved into Committee of the Whole for consideration later today. Thank you, Mr. Speaker.
Masi. The Member is seeking unanimous consent to waive rule 75(5) and have Bill 57, An Act to Amend the Employment Standards Act, moved into Committee of the Whole for consideration later today.
---Unanimous consent granted
Bill 57, An Act to Amend the Employment Standards Act, is now moved into Committee of the Whole for further consideration later today. Reports of committees on the review of bills. Member for Nahendeh.
Thank you, Mr. Speaker. I wish to report to the Assembly that the Standing Committee on Social Development has reviewed Bill 58, Justice Administration Statutes Amendment Act. Committee wishes to report that Bill 58 is now ready for consideration in Committee of the Whole, and Mr. Speaker, I seek unanimous consent to waive rule 75(5) and have Bill 58, Justice Administration Statutes Amendment Act, moved into Committee of the Whole for consideration later today. Thank you, Mr. Speaker.
Masi. The Member is seeking unanimous consent to waive rule 75(5) and have Bill 54, Justice Administration Statutes Amendment Act, moved into Committee of the Whole for consideration later today.
---Unanimous consent granted
Thank you, Mr. Speaker. Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2017-2018 Northwest Territories Human Rights Commission Annual Report and commends it to the House. The Standing Committee on Government Operations completed its review of the 2017-2018 Annual Report of the Northwest Territories Human Rights Commission.
The standing committee would like to thank Mr. Charles Dent, chair of the Northwest Territories Human Rights Commission; Ms. Deborah McLeod, director of Human Rights; and Mr. Sheldon Toner, chair of the Adjudication Panel, for their appearance before the committee on January 16, 2019. Thank you, Mr. Speaker.
Masi. Reports of standing and special committees. Member for Kam Lake.
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Hay River North, that Committee Report 20-18(3), Report on the Review of the 2017-2018 Northwest Territories Human Rights Commission Annual Report, be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed?
---Carried
The Standing Committee on Government Operations ("the committee") completed its review of the 2017-2018 Annual Report of Northwest Territories Human Rights Commission ("the commission"). The standing committee would like to thank Mr. Charles Dent; chair of the Northwest Territories Human Rights Commission; Ms. Deborah McLeod, director of Human Rights; and Mr. Sheldon Toner, chair of the Adjudication Panel, for their appearance before the committee on January 16, 2019.
The NWT Human Rights Commission is in the midst of a process of renewal and revitalization that commenced with a review of the NWT Human Rights Act, undertaken by the commission in 2014, to reflect on how the act and the NWT human rights system have been functioning since their inception 10 years earlier.
That review culminated in the introduction of Bill 30, An Act to Amend the Human Rights Act, which received assent in the Legislative Assembly on June 6, 2019. When the amended act comes into force, it will substantively alter the administrative structure and functioning of the human rights system in the Northwest Territories. For the 2017-2018 year, however, the system was governed under the Human Rights Act as it was originally structured. The act established three independent but interrelated agencies; the Human Rights Commission, the Office of the Director of Human Rights, and the Human Rights 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. For 2017-2018, Mr. Charles Dent continued to serve as chair of the Human Rights Commission and Mr. Yacub Adam as deputy chair. Ms. Marion Berls and Ms. Gerri Sharpe also continued to serve as members of the commission. They were joined by Ms. Gail Cyr, who replaced Ms. Bronwyn Watters.
The Director of Human Rights position is also appointed by the Legislative Assembly. The director is responsible for the administration of the complaint process and for overseeing administrative support for the commission's outreach and education efforts. The Office of the Director of Human Rights includes the director, Ms. Deborah McLeod, and commission staff members who are all members of the public service.
The adjudication panel hears complaints referred by the director, as well as appeals of the director's decisions to dismiss complaints. The adjudication panel is composed of at least three lawyers appointed by the Legislative Assembly, each for a term of two to four years. In 2017-2018, the Adjudication Panel was chaired by Mr. Sheldon Toner, with Mr. Adrian Wright, Mr. Colin Baile, Ms. Emerald Murphy, and Mr. Paul Parker serving as adjudicators during that time period.
The committee wishes to thank all members of the commission and the adjudication panel for their service.
Mr. Dent's 2017-2018 Letter from the Chair focused on an important aspect of the changes taking place to the NWT human rights system; the movement away from a system that is adversarial and legalistic to one that is more restorative in nature. As Mr. Dent noted,
"The aim of a restorative practice is to develop community and to manage conflict and tension by repairing harm and building relationships. A restorative approach can be used in both informal interactions as well as in formal processes. It is an approach that focuses on working with people and assisting them to address their human rights conflicts with each other. The commission believes that a move to a more restorative approach in all of our work, including our complaint process and how we engage the community, is key to creating and maintaining a culture that values and promotes equality."
To help ready itself for this restorative approach, the commission sponsored the director of the International Institute for Restorative Training (Canada) to speak about and provide workshops on restorative practices to commission members, the director and her staff, the adjudication panel, and to the NWT Teachers' Association's 2018 NWT Educators' Conference.
As evidence of the positive results the commission is beginning to see in this area, Mr. Dent pointed out that almost half of the complaint files closed by the director in 2017-2018 were resolved by the parties through the use of alternative dispute resolution processes.
Community outreach makes up a large component of the commission's work. The commission provides free workshops tailored to employers, businesses and community groups, about their rights and responsibilities under the act. The commission also participates in community events, where members talk to the public about the NWT human rights system and distribute commission publications. The commission also reaches out to the public through its social media presence.
Over the past five years, Facebook has become an integral part of the commission's education work. The commission shares positive human rights-related stories and encourages inclusion, kindness, and accessibility. The commission has implemented a strategy that has increased their reach into the remote communities and developed a community of followers who are engaged in positive discussions about human rights. As of March 31, 2018, the commission had 1,967 Facebook followers in 28 communities, making theirs the fourth-largest following of Canadian human rights commissions, behind Ontario, Quebec, and Canada.
The commission also promoted its Stories for Peace initiative, encouraging audiences to engage with stories having human rights themes and promoting inclusion and diversity. This undertaking helps the commission build relationships with other NWT organizations with similar interests. In 2017-2018, the initiative gave books, movies, and other LGBTQ+ resources to Paul William Kaeser High School in Fort Smith for Rainbow SAGE, the school's gay-straight alliance, and donated crayons and colouring books to Sutherland House, the women's shelter in Fort Smith. The commission has developed a publication about this initiative.
The following are but a few examples of events the commission participated in during 2017-2018, demonstrating the breadth of the commission's outreach program.
The commission gave the following presentations and workshops:
The duty to accommodate in human rights law to the Canadian Bar Association's Pro Bono Law Section;
Human rights principles and the duty to accommodate to superintendents and regional inclusive school coordinators;
Human rights in the Indigenous workplace and managing accommodation and addiction in the workplace at the Human Resources Management for Indigenous and Northern Organizations conference held in Yellowknife; and
Accommodation and undue hardship in an education setting to Yellowknife District No. 1 administrators.
The commission participated in eleven community events, including:
Disability Awareness Week: Commission Chair Charles Dent presented the NWT Disabilities Council's Community Champion Award at the annual Minister's Tea marking Disability Awareness Week.
National Indigenous People's Day and Canada Day: Commission Member Gerri Sharpe hosted the extremely popular bannock table at both events. She was joined by Commission Chair Charles Dent and Vice Chair Yacub Adam who served the bannock and encouraged people to pick up materials, including pocket guides, SOS Safety Magazines and copies of the Truth and Reconciliation Commission's Calls to Action.
Days of Pink and NWT Pride: The commission donated $2,000 to the NWT Rainbow Coalition for its annual Days of Pink Celebrations, a week-long campaign bringing awareness to LGBTQ+ issues. Commission Chair Charles Dent and Member Gerry Staples handed out rainbow cupcakes in front of the Yellowknife post office and also set up a booth for Rainbows in the Park, where participants could win prizes for spinning the wheel and answering human rights-related questions.
Dene National Assembly: Commission Chair Charles Dent made a short speech offering information on human rights to communities.
Local Government Administrators of the NWT (LGANT) Trade Show: Commission Vice Chair Yacub Adam attended the marketplace trade show portion of LGANT's annual meeting. The commission also provided LGANT with information on federal funding that is available for improving disabled access.
Anti-poverty Roundtable: Commission Vice Chair Yacub Adam attended this event held in Norman Wells.
The NWT Human Rights Act protects all people in the Northwest Territories from discrimination in the areas of employment; access to public services such as hospitals, schools, and stores; tenancy, including business leases; membership in trade unions or professional associations; and in published materials such as signs, newspapers, or other advertising.
The act also protects people against harassment based on a protected ground and retaliation for participating in a complaint. A ground is a specific characteristic of an individual. There are 21 protected grounds under the act, including age, disability, race, ancestry, sex, sexual orientation, gender identity, family and marital status, religion, social condition, and political association, to name just some. A complaint may allege discrimination on the basis of more than one ground.
Disability was the most common ground for complaint in 2017-2018, with 72 percent of complaints alleging discrimination on the basis of disability this year, as compared with 63 percent in the previous year. Race and ethnic origin were the next most frequently cited grounds for complaint in 2017-2018.
The director's office received 291 inquiries in 2017-2018, down from 361 in the previous year. Inquiries made at trade shows, community visits, and other public events are not included in these statistics. Not all inquiries received by the office are related to equality human rights. Wherever possible, Human Rights officers will direct a person to the agency or organization best equipped to help them.
Thirty-nine new complaints were filed in 2017-2018, as compared with 41 in the previous year. Of these, 18 originated from Yellowknife. Committee found it interesting to note that the next highest number of complaints (8) came from remote camps.
In the director's office, these 39 new complaints were added to 53 files already in process for a total of 92 files. Of these, 33 files were closed (two dismissed; three withdrawn; 13 referred to the adjudication panel; 15 settled).
Complaints that cannot be dismissed at an early stage or resolved by the director through alternative dispute resolution processes, such as mediation, are referred to the Human Rights Adjudication Panel for a hearing.
The adjudication panel is a quasi-judicial body with the power under the act to hear complaints, render findings, and, where warranted, impose penalties or restitution. The panel may determine if discrimination occurred and decide on an appropriate remedy. The adjudication panel also hears appeals in which a complainant is dissatisfied with the director's decision to dismiss their complaint.
The adjudication panel dealt with 31 files in 2017-2018: 16 files already in progress; 13 new files referred by the Director; and two appeals of the Director's decision to dismiss a complaint. Of the 31 files, the adjudication panel closed eight files (one settlement; three withdrawals; four decisions). This is compared with 2016-2017, during which the Panel dealt with one new file and 26 files in progress and closed 11 files (one settlement; three withdrawals; seven decisions).
All hearings of the Human Rights Adjudication Panel are public and can be reviewed on the Panel's website at hrap.nt.ca.
As noted in the introduction, the committee held its hearing on the review of the 2017-2018 Annual Report of the Human Rights Commission on January 16, 2019.
The commission chair opened his remarks by acknowledging that the Human Rights Commission works in the traditional territories of the Dene, Inuvialuit, and Metis peoples and recognizes its obligations under Treaties 8 and 11. Stating that the "Commission's celebration of International Human Rights Day in 2017 focused on reconciliation and what ordinary people can do to foster reconciliation," he further noted that "attendees at the event were invited to commit to an act of reconciliation."
The commission chair spoke about the commission's move to a more restorative human rights system and its belief that this approach will result in a fairer and more effective system that will encourage a culture that values and promotes equality. He echoed the observation made in the annual report that "this year almost half of the complaint files closed by the director were resolved by the parties through alternate dispute resolution."
The commission chair concluded his opening remarks by informing committee that "recognizing the importance of language to human rights and reconciliation, and to make human rights information more accessible to everyone in the Northwest Territories, the commission has had the Pocket Guide to Human Rights in the NWT translated into all eleven official languages."
Noting the high number of complaints (8) arising from remote camps in 2017-2018, committee asked what grounds formed the basis for those complaints. The director of the Human Rights Commission replied that "disabilities" is a common ground, as is "employment," and that disagreement with respect to drug testing in the workplace also formed the basis of a complaint.
In response to a question about any perceived trends in the number of complaints received, the director noted that the number of complaints received in 2017-2018 (39) was in the same range as the previous year (2016-2017 – 41). She indicated that the lowest number of complaints received was 15 in 2012-2013, that the highest ever received was 47, and that there tends to be a slight trend upwards over time.
At the time the hearing took place, committee was in the process of reviewing Bill 30, An Act to Amend the Human Rights Act. While the committee chair cautioned members not to venture too far into a discussion of the bill itself, committee took the opportunity to question the commission's representatives in order to gain a better understanding of how the system works now. In particular, committee was interesting in learning about how the commission currently uses the offence and punishment provisions in the Human Rights Act and how the proposal to remove these provisions from the act would impact the ability of the commission to address human rights transgressions.
Committee learned that the commission has never triggered the use of the offence and punishment provisions under the act as a means to sanction human rights transgressions, because the Human Rights Adjudication Panel already has the authority to make orders which may include financial penalties for offenders. The chair offered that the commission views the application of the offence and punishment provisions, which would be effected through the court system, to be inconsistent with a restorative approach, which is meant to reconcile the complainant and respondent by finding a solution to the dispute that builds trust and understanding.
The adjudication panel chair added that the proposal in the bill to prescribe remedies designed to help prevent future transgressions would broaden the panel's ability to make findings consistent with a restorative approach.
Committee asked the commission for its assessment of the manner by which the restorative approach might impact the length of time taken to deal with a complaint. The commission responded by first addressing the process from the perspective of the Office of the Director, which accepts and considers complaints and decides which will be referred to the adjudication panel for settlement.
The director explained that she has the authority to defer the formal process for dealing with a complaint (i.e. referral to the adjudication panel) while another process, such as mediation, is unfolding. In such a case, the complaint would only be referred to the adjudication panel if mediation was unsuccessful. Noting that the complexity of a complaint has an impact on the length of time taken to resolve it, she observed that "just by changing how we approach the parties has increased the uptake of people who want to settle (their matters of concern)." She also noted that part of the restorative approach is to prevent parties from being "positional" and helping them better understand one another.
The chair of the adjudication panel advised committee that the panel receives complaints in two forms; human rights complaints and appeals of the Director's decision to dismiss a complaint. Noting that the complexity of a complaint also has an impact on the length of time for this stage of the process to unfold, Mr. Toner informed Committee that an appeal hearing can take from six months to a year, while more complex cases tend to take from one to two years. Noting the adjudication panel's desire to issue decisions more quickly, he added that preliminary hearings, motions, the number of witnesses, losing track of a complainant, and going to court for a judicial review are all factors that may impact the length of the process or cause delays.
In summing up its response to the question of how a restorative approach can impact the length of the process, the commission noted that any time an alternative dispute resolution process can be used to divert a complaint from being referred to the adjudication panel, the likelihood of timely resolution increases.
The hearing concluded with a question from committee about the meaning of the term "equality human rights" which appears throughout the annual report. The commission chair explained that the Canadian Charter of Rights and Freedoms, which forms Part 1 of the Constitution Act, 1982, sets out the rights and freedoms guaranteed to Canadians, including fundamental freedoms (freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; freedom of peaceful assembly; and freedom of association); democratic rights; mobility rights; legal rights; language rights and equality rights. Section 15(1) of the Charter describes equality rights in the following way:
"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."
Mr. Dent concluded by noting that, of all the rights and freedoms set out in the Canadian Charter of Rights and Freedoms, equality rights are the only ones falling under the jurisdiction of the provinces and territories.
The Standing Committee on Government Operations has followed the work of the NWT Human Rights Commission with interest during the 18th Legislative Assembly. This has been an especially interesting time for the commission, given the work it has done on the review of the Human Rights Act. Committee is pleased to have had a role to play in the development of this revised legislation and thanks the commission for its insight, which assisted the committee in its review.
In this, the final review of the commission's work during the 18th Assembly, the standing committee wishes the commission well in its ongoing efforts to implement a more restorative human rights system, particularly as the new provisions of the amended Human Rights Act come into force of the next four years.
Reports of standing and special committees. Member for Kam Lake.
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Hay River North, that Committee Report 20-18(3), Report on the Review of the 2017-2018 Northwest Territories Human Rights Commission Annual Report, be received by the Assembly, and Mr. Speaker, I seek unanimous consent to waive rule 100(4) and have Committee Report 20-18(3) moved into Committee of the Whole for further consideration today. Thank you, Mr. Speaker.
The Member is seeking unanimous consent to waive rule 100(4) and have Committee Report 20-18(3), Report on the Review of the 2017-2018 Northwest Territories Human Rights Commission Annual Report, moved into Committee of the Whole for consideration later today.
---Unanimous consent granted
Committee Report 20-18(3), Report on the Review of the 2017-2018 Northwest Territories Human Rights Commission Annual Report, is now moved to Committee of the Whole for further consideration later today. Reports of standing and special committees. Member for Kam Lake.
Thank you, Mr. Speaker. Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2015-2016 and 2016-2017 Annual Reports for the Office of the Languages Commissioner for the Northwest Territories and commends it to the House.
On October 17, 2017, the Standing Committee on Government Operations conducted a public review of the Office of the Languages Commissioner for the Northwest Territories Annual Report 2015-2016, which was tabled in the Legislative Assembly on February 8, 2019.
On February 8, 2018, the committee held a public review of the Office of the Languages Commissioner for the Northwest Territories Annual Report 2016-2017, which was tabled in the Legislative Assembly on October 20, 2017.
Both of these reviews are summarized in this report, and now, Mr. Speaker, I move, seconded by the honourable Member for Hay River North, that Committee Report 21-18(3) be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
Masi. The Member is seeking unanimous consent to have Committee Report 21-18(3), Report on the Review of the 2015-2016 and 2016-2017 Annual Reports for the Office of the Languages Commissioner for the Northwest Territories, deemed read and printed in Hansard in its entirety.
---Unanimous consent granted
The Northwest Territories' Official Languages Act ("the act") was first passed in 1984 and came into force in 1988. This legislation establishes Chipewyan, Cree, English, French, Gwich'in, Innuinaqtun, Inuktitut, Inuvialuktun, North Slavey, South Slavey, and Tlicho as the 11 official languages of the Northwest Territories and, under section 5, provides that they "have equality of status and equal rights and privileges as to their use in all government institutions" to the extent and in the manner provided [for] in this Act and any regulations under this act."
The act, which is jointly administered by the Department of Education, Culture and Employment and the Legislative Assembly, sets out the responsibilities of the Minister Responsible for Official Languages. The Minister has the overall responsibility for the act and for the general direction and coordination of government policies and programs related to Official Languages. The Minister must:
Encourage the maintenance and revitalization of Indigenous languages;
Consider advice and recommendations from the Official Languages Board (OLB) and the Aboriginal Languages Revitalization Board (ALRB);
Oversee the development of policies and regulations needed to implement the act;
Promote official languages education in schools, post-secondary, adult education, and literacy training programs;
Promote the use of official languages in the administration and delivery of programs and services by government institutions; and
Prepare an annual report on official languages to be tabled in the Legislative Assembly.
The Official Languages Act also establishes the Office of the Languages Commissioner ("the commissioner") and provides for the commissioner's appointment, for a four-year term, as an independent officer of the Legislative Assembly. That appointment is currently held by Ms. Shannon Gullberg, whose current appointment became effective on October 8, 2015. Ms. Gullberg previously served as the Languages Commissioner from 2004 to 2008.
The act requires the commissioner to file an annual report on her activities and authorizes her to include recommendations for amending the legislation that are considered desirable or necessary in order to give effect to its spirit and intent.
On October 17, 2017, the Standing Committee on Government Operations ("the committee") conducted a public review of the Office of the Languages Commissioner for the Northwest Territories Annual Report 2015-2016, which was tabled in the Legislative Assembly on February 8, 2017.
On February 8, 2018, the committee held a public review of the Office of the Languages Commissioner for the Northwest Territories Annual Report 2016-2017, which was tabled in the Legislative Assembly on October 20, 2017.
Both of these reviews are summarized in this report.
The specific duties and responsibilities of the Languages Commissioner are set out in the Official Languages Act. The Languages Commissioner is appointed, at pleasure, by the commissioner of the Northwest Territories on the recommendation of the Legislative Assembly and can only be removed or suspended "for cause or incapacity." This enables the Languages Commissioner to make independent decisions free from any political influence.
The Languages Commissioner's is responsible to:
Ensure that the rights, status, and privileges of all official languages are recognized;
Ensure sure that government institutions comply with the spirit and intent of the act;
Investigate complaints of the public related to the government's provision of language services mandated by the act;
Investigate language issues on her own initiative; and
Provide an annual report to the Speaker, which may include proposed changes to the act.
The act gives the commissioner the discretion to refuse or cease to investigate a complaint. Under section 32(2) of the OLA, the commissioner is also granted the discretion to appear before the Supreme Court of the Northwest Territories on behalf of a complainant.
The Languages Commissioner received nine complaints during the 2015-2016 fiscal year. One originated from the public sector and eight from the private sector. Seven involved Indigenous languages, two involved French. Four complaints originated in Yellowknife, one each in Inuvik, Aklavik, and Fort Resolution, and two came from outside of the NWT. The subjects of the complaints were as follows:
eight came from Yellowknife; one each originated from Inuvik and Fort Smith; one came from outside the NWT.
The commissioner reviewed two complaints regarding the use of Dene fonts in names. She found that the NWT's Vital Statistics Act is similar to most other Canadian jurisdictions in limiting the registration of birth names to Roman orthography. She expressed the view that, as a quasi-constitutional act, the Official Languages Act takes precedence over the Vital Statistics Act, insofar as that act may attempt to limit language rights. She expressed the view that the issues related to Dene fonts for names are not insurmountable and need to be dealt with on a national level and that double-sided identification may offer a solution. At the time the report was written, the commissioner was awaiting a response from the Department of Health and Social Services.
Regarding languages when accessing basic needs such as housing, the commissioner noted that she reviewed a complaint that a housing application form was not available in French. She found that Housing Authorities are absent from the list of government institutions detailed in the Official Languages Act, Government Institution Regulations. Nonetheless, the NWT Housing Corporation took swift action once the concerns of the member of the public were brought forward, which the commissioner commended.
The Languages Commissioner received two complaints in 2016-2017, as compared with nine during the previous year. Both originated from public sector employees in Hay River and related to Indigenous language rights. One complaint raised issues related to human resources and union-management labour relations matters. Consequently, and the complainant was directed to other resources. The other complaint dealt with interpretation-translation services in health care settings, particularly for patients who are required to travel to other communities for services. The commissioner concluded that "the complainant was satisfied that the issues being identified would be dealt with in the context of a broader investigation into health care services in the Northwest Territories" being undertaken by the commissioner.
The commissioner received six inquiries in 2016-2017, as compared with 11 in the previous year. All six originated from the private sector, with two coming from Yellowknife, one from Lutsel K'e, one from Norman Wells, and two from outside the NWT. Of these six inquiries, three involved Indigenous official languages generally, one involved French, one involved North Slavey, and one involved Michif, which is not an NWT official language.
In addition to the Michif inquiry, two involved the health of all Indigenous official languages and statistics related to those languages; one involved the availability of funding for translation services in North Slavey; one related to French language resources; and one related to funding for attendance at a language conference.
The commissioner noted the following common themes in discussion with people during outreach activities:
Lack of funding for language projects and participation in language conferences;
Concern with the lack or calibre of Indigenous languages education;
Lack of access to or formal training of interpreters-translators; and
Lack of standardization of languages.
The commissioner indicated that, in 2016-2017, she had initiated an investigation into language services at the Legislative Assembly and that her report on this investigation will be completed in the near future.
The commissioner provided a positive update that arose as the result of two complaints, received in the previous year, regarding the GNWT's refusal to allow the registration, under the Vital Statistics Act, of baby names with Dene fonts. The commissioner reported that the Vital Statistics Act was amended in October 2016 to remove the requirement of names to be written in Roman orthography; to allow registration under a single name, in accordance with a child's culture; and to allow a person to amend the designation of sex without undergoing gender reassignment surgery.
She further noted the additional work required to implement these changes:
The GNWT needs to ensure it has the technology to produce birth registrations in Dene fonts using the correct symbols and diacritical marks;
There is a need for greater standardization of Indigenous languages to ensure written documents are accurate and consistent; and
More work is needed with other governments to ensure the use of Indigenous languages does not create a barrier for those seeking passports and other important documents.
As noted in the introduction, committee held a public hearing on the Languages Commissioner's 2015-2016 Annual Report on October 17, 2017.
The review commenced with the commissioner thanking the Minister of Health and Social Services for his work to resolve the issue involving the use of Dene fonts on birth certificates, but noting her sense that the public service sees "language roadblocks" with respect to the provision of services. She feels that this would be best resolved by the development of an Official Languages Act that is northern-based, not the current one which is based on the federal model and uses outdated concepts such as "significant demand" and "nature of the office" which are difficult concepts to put into practice. She noted her optimism at signals coming from the federal government, which has indicated its intention to make Indigenous languages official at the federal level.
The commissioner noted that she had traveled to Inuvik, Aklavik, and Kakisa and was encouraged by the fact that the communities had welcomed her visit and that she had received an invitation to return from the Gwich'in Tribal Council.
When asked what part of the act she would most like to see changed, the commissioner replied, "section 11 is the most critical," elaborating that this is the section of the act that sets out how members of the public can communicate in the official languages with GNWT headquarters, versus regional or community offices. She noted that this is the section of the act incorporating the concepts of "significant demand" and "nature of the office" which, in her view, have the impact of isolating dying languages such as Gwich'in by relegating them to use in specific designated areas.
As noted in the introduction, committee held a public hearing on the Languages Commissioner's 2016-2017 Annual Report on February 8, 2018.
The review commenced with a discussion of how the Languages Commissioner works with Indigenous governments and community leaders to build on momentum with respect to language preservation occurring at the community level, for example, in the community of Deline, which is known for its accomplishments in the area of language preservation. The commissioner replied that Deline was on her list of upcoming trips, in part because of the phenomenal things happening there. She noted that she has given some thought to her role in the context of self-government and noted that "acting in silos will not help the preservation of languages."
When asked about the drop in the number of complaints from the previous year, the commissioner said that she is not sure there is a specific reason, but that she has been more stringent than previous Commissioners in defining a complaint. She noted that, generally, most of the concerns she hears are related to the provision of translation in the health and social services sector. Noting that not much has changed in this area since she last served as Languages Commissioner in 2008, the commissioner indicated that she had undertaken an investigation on her own initiative regarding these concerns and was working on her report, which would be provided to the Speaker of the Legislative Assembly.
When asked about the nature of the complaint originating from outside of the Northwest Territories, the commissioner advised committee that this complaint came from a former NWT resident who was seeking services outside of the NWT.
The commissioner was asked about the inquiry she received about Michif, a Metis language spoken by the grandfather of a committee member. The commissioner indicated that the inquiry reminded her of the importance of considering whether the 11 languages designated as official languages under the act are the only ones that should be included. She observed that there would be costs associated with such a change, just as there would be costs associated with her recommendation to require contractors providing services on behalf of the GNWT to provide those services in official languages, noting that language preservation "cannot be all about the costs."
In each of the commissioner's annual reports, she has made recommendations for the consideration of the Legislative Assembly. The recommendations from both reports are amalgamated below and have been numbered for the purposes of this report. The Standing Committee's response to each of the recommendations is set out below:
"That the Legislative Assembly develop a formal process for responding back to the Languages Commissioner on recommendations presented by the Office. The process should include that the response be in writing addressed to the Languages Commissioner, with specific timeline for response."
The Legislative Assembly's formal process for responding to the Languages Commissioner's annual reports is set out in Section 23 of the Official Languages Act and Rules 100(1)-(5) of the Rules of the Legislative Assembly. The same process is used to respond to recommendations from all statutory officers of the Legislative Assembly. Where the standing committee makes recommendations to the Government of Northwest Territories, it will continue to request that government provide a formal response to the standing committee's recommendations within 120 days.
"That the Legislative Assembly and government officials carefully review the 2016 Census, once results are available, with a critical eye on language issues in the Northwest Territories."
The Department of Education, Culture and Employment's NWT Aboriginal Languages Framework: A Shared Responsibility, references statistics from the 2011 Census. The standing committee trusts that the department will make use of the most current available statistical information in any updates to this document or any future plans that replace it.
The standing committee notes that the 19th Legislative Assembly will be required to undertake a statutory review of the Official Languages Act. The committee will be tabling a transition report offering suggestions to its successor committee in the incoming 19th Legislative Assembly. Through this report, Committee will encourage its successor committee to incorporate an analysis of the 2016 census data into its Official Languages Act review.
"That the Legislative Assembly review, on a regular basis, the structure and resources for the proper functioning of the Office of the Languages Commissioner."
The Board of Management of the Legislative Assembly annually considers the resources required for the functioning of all statutory offices reporting to the Legislative Assembly, including the Office of the Languages Commissioner for the Northwest Territories, during preparation of the Assembly's business plan and main estimates.
Recommendations 4 through 11 involve amendments to the Official Languages Act, its regulations, or supporting policy documents. Committee's response follows those recommendations:
"That the Legislative Assembly review the preamble to the Official Languages Act to determine if it accurately reflects the language rights set out in the act, including the status of Aboriginal languages and any language of work rights."
"That the Legislative Assembly should amend the Government Institution Regulations to add housing authorities to the list of bodies bound by the Official Languages Act. It should also review the Government Institution Regulations to ensure the adequately cover those institutions that should be subject to the provisions of the Official Languages Act."
"That the Official Languages Act of the Northwest Territories be amended to include a provision that binds all contractors with the Government of the Northwest Territories. Suggested wording is: Every government institution has the duty to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in the Northwest Territories or elsewhere can communicate with and obtain those services from that person or organization in any particular Official Language in any case where those services, if provided by the institution, would be required to be provided in that Official Language."
"That the Legislative Assembly reconsider what languages should be given the status of "Official Languages" of the Northwest Territories and provided with the protection of the provisions of the Official Languages Act" (p. 20).
"That section 6 of the Official Languages Act be amended to read: Everyone has the right to use any official language in the debates and proceedings of the Legislative Assembly, and every Member of the Legislative Assembly has the right to translation of those debates in another official language."
"That section 11 of the Official Languages Act be amended such that, instead of language rights based on the concepts of 'significant demand' and 'nature of the office,' language rights in the area of communication with the public are based on the following principles: That the approach be simple and holistic, with accessibility of services to the public being the focus; In order to understand and benefit from the government's programs and services, the public requires information in the official languages; A government's provision of services in its official languages recognizes and supports the efforts of communities in maintaining and developing those languages."
"That, in consultation with stakeholders and service providers, consideration be given to expanding section 11 of the Official Languages Act to deal with the issue of communicating with service providers when receiving services outside the jurisdiction."
"That the Legislative Assembly and the GNWT, in consultation with stakeholders, review the Official Languages Policy and Guidelines: To ensure the Official Languages Policy and Guidelines are consistent with the Official Languages Act; To include a definition of active offer that refers to a series of measures that are taken to ensure that language services in the various official languages are clearly communicated to the public and include a number of measures that will be taken to ensure that language rights are visible, available at all times, easily accessible and of high quality; That the issue of dissemination of information and materials to the public, including forms, notices, and public information material, be reviewed."
As required by section 35(1) of the Official Languages Act, a Standing Committee of the 19th Legislative Assembly will be required to undertake a review of the Official Languages Act. This review "shall include an examination of the administration and implementation of the act, the effectiveness of its provisions, the achievement of the objectives stated in its preamble, and may include any recommendations for changes to the act." In its transition report, the Standing Committee on Government Operations will encourage the standing committee tasked with this review to consider each of the recommendations for changes to the act or its supporting policy documents, made by the Languages Commissioner in the context of that review.
Recommendations 12 through 18 involve matters of departmental administration that fall squarely within the mandate of the Minister of Education, Culture and Employment. Committee's response follows those recommendations:
"That the Legislative Assembly and the Minister Responsible for Official Languages ensure that the focus for both the Francophone Affairs Secretariat and the Aboriginal Languages Secretariat be on service to the public and that there be continued consultation with language communities to seek input on the best way to provide such services."
"That the Legislative Assembly and GNWT officials consider language rights and issues as national concerns and actively work with other jurisdictions in Canada in the development and advancement of language rights. This includes, to the greatest extent possible, sharing experiences regarding official language legislation and issues, and becoming active participants in federal government initiatives to create new language legislation including the proposed federal Canadian Indigenous Languages Act."
"That the Legislative Assembly and GNWT officials take steps to ensure the health of all Official Languages in the Northwest Territories including: ensuring that all action items in the Aboriginal Language Action Plan and Strategic Plan on French Language Communication Services are taken; and ensuring all steps are taken in conjunction with community leaders."
"That GNWT officials, in conjunction with Aurora College, interpreters/translators, community leaders and other stakeholders, consider the development of a new interpreter/translator program. This program should include: development of standards for interpreter/translators; certification of interpreter/translators; and specialized training for interpretation/translation in certain domains, such as the courts and health.
"That GNWT officials give serious consideration to reopening the Language Bureau to provide interpretation/translation support and services to the Legislative Assembly, the GNWT and its boards and agencies."
"That, in this digital age, the GNWT takes steps to develop its technological capabilities to support and expand Official Language promotion, preservation and communication activities."
"That the GNWT continue to work with Aboriginal language groups to develop standardized orthographies for Aboriginal official languages."
Management and administration of the Francophone Affairs Secretariat and what is now called the Indigenous Languages and Education Secretariat falls squarely within the mandate of the Minister of Education, Culture and Employment, as does the responsibility for intergovernmental relationships with offices in other jurisdictions having responsibility for language rights and services, including those at the community level.
The department is also directly responsible for ensuring the commitments made in its strategic planning documents are met. Committee expects that any decisions having to do with the Aurora College curriculum would have to be made within the context of the college's transition to a polytechnic institution. Any decision to reopen the languages bureau could be proposed by the Minister and resourced by the Legislative Assembly during the business planning process.
The standing committee encourages the Languages Commissioner to raise any concerns or suggestions for improvement related to program delivery and intergovernmental work on language matters directly with the Minister. Committee further encourages the Languages Commissioner to keep committee apprised of this dialogue in order to ensure that committee is aware of any progress made or lessons learned that may inform the upcoming review of the Official Languages Act.
During the 18th Legislative Assembly the Government of the Northwest Territories brought forward bills making important, substantive changes to both the Human Rights Act and the Access to Information and Protection of Privacy Act. Both of these acts provide for statutory officers reporting to the Legislative Assembly; namely, the Human Rights Commission and the Information and Privacy Commissioner respectively. While the committee is pleased that this work that has been done, committee acknowledges that it has, in some respects, diverted attention from committee's oversight role with respect to the Official Languages Act, which resulted in the delayed delivery of this report.
Committee notes that upcoming review of the Official Languages Act, which must be undertaken early in the term of the 19th Legislative Assembly, will ensure that this important statute also gets the attention it deserves.
Committee would like to take this opportunity to thank Commissioner Gullberg for her thoughtful reports and her appearances before the committee and for her commitment to the use and preservation of all of the Northwest Territories' official languages.
Masi. Reports of standing and special committees. Member for Kam Lake.
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Hay River North, that Committee Report 21-18(3), Report on the Review of the 2015-2016 and 2016-2017 Annual Reports of the Office of the Languages Commissioner for the Northwest Territories, be received by the Assembly, and Mr. Speaker, I seek unanimous consent to waive rule 100(4) and have Committee Report 21-18(3) moved into Committee of the Whole for further consideration today. Thank you, Mr. Speaker.
Masi. The Member is seeking unanimous consent to waive rule 100(4) and have Committee Report 21-18(3), Report on the Review of the 2015-2016 and 2016-2017 Annual Reports of the Office of The Languages Commissioner for the Northwest Territories, moved into Committee of the Whole for further consideration later today.
---Unanimous consent granted
Thank you, Mr. Speaker. Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2016-2017 and 2017-2018 Annual Reports of the Information and Privacy Commissioner of the Northwest Territories and commends it to the House.
On February 22, 2018, the Standing Committee on Government Operations conducted a public review of the 2016-2017 annual report of the Information and Privacy Commissioner, which was tabled in the Legislative Assembly on October 3, 2017.
On January 15, 2019, the committee held a public review of the Information and Privacy Commissioner's 2017-2018 annual report, which was tabled in the Legislative Assembly on October 29, 2018. Both of these reviews are summarized in this report.
Now, Mr. Speaker, I move, seconded by the honourable Member for Hay River North, that Committee Report 22-18(3) be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.
Masi. The motion is in order. The motion is non-debatable. All those in favour? All those opposed?
---Carried
Committee Report 22-18(3) is now deemed read and printed in its entirety.
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Hay River North, that Committee Report 22-18(3): Standing Committee on Government Operations Report on the Review of the 2016-2017 and 2017-2018 Annual Reports of the Information and Privacy Commissioner of the Northwest Territories be received by the Assembly. Mr. Speaker, I seek unanimous consent to waive Rule 100(4) and have Committee Report 22-18(3) moved to Committee of the Whole for further consideration today. Thank you, Mr. Speaker.
Masi. The Member is seeking unanimous consent to waive Rule 100(4) and have the Committee Report 22-18(3) moved to Committee of the Whole for further consideration later on today. Are there any nays? There are no nays. Committee Report 22-18(3) is now moved to Committee of the Whole for further consideration later today.
Reports of standing and special committees. Member for Nahendeh.
Thank you, Mr. Speaker. Your Standing Committee on Social Development is pleased to provide its report on the review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Paper Product Controls Act. Thank you, Mr. Speaker.
Masi. Reports of standing and special committees. Member for Nahendeh.
Thank you, Mr. Speaker.
Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act, sponsored by the Department of Health and Social Services, each received Second Reading in the Legislative Assembly on February 28, 2019. The bills were referred to the Standing Committee on Social Development, committee, for review, the results of which are reported below.
Smoking Control and Reduction Act
Bill 40 is intended to repeal and replace our existing Cannabis Smoking Control Act as well as replace certain provisions under the existing Tobacco Control Act.
In summary, Bill 40 proposed to:
create prohibitions and offences, including in respect of smoking in a public place and in a motor vehicle while another person who is a minor is present in the motor vehicle;
impose requirements in respect of the display of signs, including signs respecting the health risks associated with smoking;
provide for the enforcement of the bill and any regulations made under it;
authorize the making of regulations; and
consequentially amend the Cannabis Products Act.
Tobacco and Vapour Products Control Act
Bill 41 is intended to repeal and replace our existing Tobacco Control Act.
In summary, Bill 41 proposed to:
create prohibitions and offences, including in respect of the sale, supply, and display of tobacco products, vapour products, accessories, or prescribed substances or products;
impose requirements in respect of the display of signs respecting the legal age to purchase such products, accessories, or substances;
impose an automatic prohibition in respect of the sale or storage of such products, accessories, or substances in a place in which at least two sales offences have been committed within a five-year period, and imposes requirements in respect of the display of signs respecting the automatic prohibition in the place;
provide for the enforcement of the bill and any regulations made under it;
authorize the making of regulations; and
consequentially amend the Tobacco Tax Act.
Vapour products, sometimes referred to as e-cigarettes, vapes, vapour devices, or vaporizers, are battery-operated devices that heat and vaporize a liquid so that users may inhale, "vape," to imitate the smoking experience. The heated liquid, usually propylene or vegetable glycol based, can be combined with other ingredients and flavours, and vaping products can be available with or without nicotine.
Mr. Speaker, I would like to turn it over to the honourable Member for Deh Cho.
Masi. Member for Deh Cho.
