Debates of March 27, 2023 (day 150)

Date
March
27
2023
Session
19th Assembly, 2nd Session
Day
150
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Mr. Edjericon, Hon. Julie Green, Mr. Jacobson, Mr. Johnson, Ms. Martselos, Ms. Nokleby, Mr. O’Reilly, Ms. Semmler, Hon. R.J. Simpson, Mr. Rocky Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek, Ms. Weyallon Armstrong
Topics
Statements

Consideration in Committee of the Whole of Bills and Other Matters

I now call Committee of the Whole to order. What is the wish of committee? Member for Frame Lake.

Merci, Madam la Presidente. Committee wishes to consider Committee Report 4019(2), Committee Report 4319(2), Bill 61, Bill 63, Tabled Document 88119(2), Tabled Document 88219(2), Tabled Document 88319(2), and Committee Report 4419(2). Mahsi, Madam Chair.

Thank you. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. We will take a short recess and resume with the first item.

SHORT RECESS

I now call Committee of the Whole back to order. Committee, we've agreed to consider Committee Report 4019(2), Standing Committee on Government Operations Report on Bill 61: An Act to Amend the Ombud Act. I will go to the deputy chair of the Standing Committee on the Government Operations for any opening comments. Member for Thebacha

Thank you, Madam Chair. Madam Chair, Bill 61, An Act to Amend the Ombud Act, received second reading in the Legislative Assembly on November 2nd, 2022, and was referred to the Standing Committee on Government Operations for review.

Bill 61 is a private Member's bill sponsored by the Member for Yellowknife North. As such I, as deputy chair, assumed the role of chairing meetings about the review of this bill.

The committee sought feedback on Bill 61 and received eight written submissions. The committee held a public review of the bill on December the 9th, 2022. The input helped committee to understand the benefits of the proposed changes and put forward amendments to making the bill even stronger.

The committee amended two clauses: One to clarify the Ombud's mandate and one to maintain the exclusions on all six statutory officers covered in the existing Act and to exclude the Human Rights Commission and the adjudication panel from the Ombud's jurisdiction. As a result of the review of Bill 61, committee presented a report with two recommendations to the Legislative Assembly on February 14th, 2023.

I would like to thank the committee for its work on the review of Bill 61. Individual Members may have additional comments.

Thank you. I will now open the floor to general comments on Committee Report 4019(2). Do Members have any general comments? Seeing none. Member for Thebacha.

Committee Motion 380-19(2): Committee Report 40-19(2): Standing Committee on Government Operations Report on Bill 61: An Act to Amend the Ombud Act – Statutory Officer Jurisdiction, Carried

Madam Chair, I move that this committee recommends that the Government of the Northwest Territories, in consultation with the Board of Management, lead a wholistic review to examine and clarify the jurisdiction of each statutory officer of the Assembly to investigate

Other statutory officers of the Assembly;

Public bodies that exercise statutory authority on behalf of the executive; and

Public bodies that provide statutory advisory services to the executive.

And further, the review should identify areas of over and underlapping jurisdiction and make recommendations to address discrepancies based on best practices. Thank you, Madam Chair.

Thank you. The motion is in order. To the motion. Member for Frame Lake.

Yeah, thanks, Madam Chair. I think someone should speak to this.

So I think what happened was the bill had recommended that the Ombud have the ability to review statutory officers' operations in terms of fairness and so on and some of the statutory officers felt that that was not appropriate. So and it wasn't clear where some jurisdiction began, some jurisdiction ended. So I think in lieu of trying to get a better understanding of all of that, that's why this recommendation was put forward to kind of do a review of the jurisdiction of each of the statutory officers that the Board of Management should look at that, and I support this motion and I think it's a better way to approach this issue a little bit more systemically. Thanks, Madam Chair.

Thank you. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Question has been called. All those in favour? All those opposed? Abstentions? Motion is carried.

Carried

Member for Thebacha.

Committee Motion 381-19(2): Committee Report 40-19(2): Standing Committee on Government Operations Report on Bill 61: An Act to Amend the Ombud Act – Government Response to Recommendations, Carried

Madam Chair, I move that this committee recommends that the Government of the Northwest Territories provide a response to this report within 120 days. Thank you, Madam Chair.

Thank you. The motion is in order. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Question has been called. All those in favour? All those opposed? Abstentions? Motion is carried.

Carried

Thank you, committee. Do you agree that we've concluded consideration of Committee Report 4019(2)?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. We've concluded consideration of Committee Report 4019(2), Standing Committee on Government Operations' Report on Bill 61: An Act to Amend the Ombud Act.

Committee, we've agreed to consider Committee Report 4319(2), Report on Bill 63: An Act to Amend the Official Languages Act. I will go to the chair of the Standing Committee on Government Operations for any opening comments. Member for Yellowknife North.

Thank you, Madam Chair. The Standing Committee on Government Operations has been reviewing the Official Languages Act for approximately three years, having undertaken both a statutory review of the Official Languages Act in early 2020 and now the review of Bill 63, An Act to Amend the Official Languages Act, for the last three months.

Committee provided input to the Minister of Education, Culture and Employment for the development of Bill 63 by providing the Minister with ideas for some of the most straightforward and attainable legislative changes. Committee heard in its review process of the Official Languages Act. The bill received second reading on November 2nd, 2022. The committee invited public feedback on the bill and appreciates all of the stakeholders that participated in the review process.

As a result of the review of Bill 63, committee presented a report with three recommendations to the Legislative Assembly on February 28th, 2023. I would like to thank the committee for its work on the review of Bill 63. Individual Members may have additional comments.

Thank you. Do any Members have any general comments? Member for Monfwi.

We know that a lot of people have different view on the Indigenous language, and some are saying okay, our language is dying; some are saying our language is thriving. So what I would like to see from this government is that this government should give the Aboriginal language fund to the Indigenous government because they are the authority over the language and culture, you know. They should have more say but they should give the funding to the Indigenous government. And I don't think I don't feel comfortable in support somebody from ECE having the authority over this language. So I would like that's what I would like to see, is that for future references that to give the Indigenous the Aboriginal language funds to the Indigenous government because they are the authority. They have the authority and control over the language and culture. Thank you.

Thank you. Are there any other general comments? Seeing none. Members or sorry, Member for Yellowknife North.

Committee Motion 382-19(2): Committee Report 43-19(2): Standing Committee on Government Operations Report on Bill 63: An Act to Amend the Official Languages Act – Indigenous Languages Legislative Changes, Carried

Thank you, Madam Chair.

I move that this committee recommends that the Government of the Northwest Territories commit to a second phase of legislative changes to protect, promote, and revitalize official and Indigenous languages in the 20th Assembly;

And further, this new legislation should be based on past recommendations, suggestions arising during the review of Bill 63, and the advice in committee's upcoming report on its statutory review of the Official Languages Act;

And furthermore, the new legislation should also seek to implement Articles 13 and 14 of the United Nations Declaration on the Rights of Indigenous Peoples;

And furthermore, Indigenous governments should be invited to codevelop the legislation.

Thank you, Madam Chair.

Thank you. The motion is in order. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Question has been called. All those in favour? All those opposed? Abstentions? The motion is carried.

Carried

Member for Yellowknife North.

Committee Motion 383-19(2): Committee Report 43-19(2): Standing Committee on Government Operations Report on Bill 63: An Act to Amend the Official Languages Act – Indigenous Languages Legislative Changes, Carried

Thank you, Madam Chair.

I move that this committee recommends that the Department of Education, Culture and Employment ensure independence and transparency at the merged languages board;

And further, the department should provide a proper framework and resources for the board to fulfill its mandate, including timely appointments when vacancies arise;

And furthermore, the board should disclose meeting agendas, minutes, and other documents of public interest;

And furthermore, the board should also release an annual report that summarizes recommendations to the Minister, the Minister's response, progress on implementation, and the findings of program and initiative evaluations. Thank you, Madam Chair.

Thank you. The motion is in order. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Question has been called. All those in favour? All those opposed? Abstentions? The motion is carried.

Carried

Member for Yellowknife North.

Madam Chair, I move that this committee recommends that the Government of the Northwest Territories provide a response to this report within 120 days. Thank you, Madam Chair.

Thank you. The motion is in order. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Question has been called. All those in favour? All those opposed? Abstentions? Motion is carried.

Carried

Thank you, committee. Do you agree that you've concluded consideration of Committee Report 4319(2)?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, committee. We have concluded consideration of Committee Report 4319(2), Standing Committee on Government Operations Report on Bill 63: An Act to Amend the Official Languages Act.

Committee, we've agreed to consider Bill 61, An Act to Amend the Ombud Act. I will ask the sponsor of the bill, the Member for Yellowknife North, to introduce the bill.

Thank you, Madam Chair. Madam Chair, I am pleased to speak to Bill 61, An Act to Amend the Ombud Act. The bill proposes changes that derive specifically from the ombud's 20192020 Annual Report and the Standing Committee on Government Operations' review of that report.

The ombud of the Northwest Territories is a new position for this territory. It was only in April of 2019 when our first ombud was appointed. I made the decision to bring forward Bill 61 as a private Member's bill because it is important to listen to the people who are living the realities of the legislation created for this office, and these are changes that the government was not prepared to consider putting forward in the life of the 19th Assembly.

The ombud made her recommendations to ensure her office is fully enabled to fulfill the purpose and vision with which the Legislative Assembly created it. The changes in this bill would mean residents can make complaints about a wider range of public bodies. The changes would allow the ombud to investigate complaints into matters that have come up since April 1st, 1999, because right now the ombud can only investigate complaints into matters that have come up since January 1st, 2016. The changes would also allow the ombud to provide more notice of investigations. Finally, the changes would clarify the ombud's role.

I was pleased to concur with amendments proposed by the Standing Committee on Government Operations that further clarify the ombud's role and that ensure guardrails to make sure the ombud cannot override decisions of the Human Rights Commission or adjudication panel. The changes in this bill will improve the ability of the Office of the ombud to carry out the mandate of that office for the people of the Northwest Territories. That concludes my remarks on Bill 61. I'm pleased to hear comments or respond to questions. Thank you, Madam Chair.

Thank you. Would you like to bring witnesses into the Chamber?

I don't actually know, Madam Chair, if anyone's in that little room. They can come join me, or perhaps a law clerk or someone.

Sergeantatarms, please escort the witness in. Can you please introduce your witness.

Thank you, Madam Chair. I'd like to introduce Christina Duffy who is a legislative drafter. Thank you.

Thank you. I will now turn to the deputy chair of the Standing Committee on Government Operations, the committee that reviewed the bill, for any opening comments on Bill 61. Member for Thebacha.