Debates of October 4, 2023 (day 166)

Date
October
4
2023
Session
19th Assembly, 2nd Session
Day
166
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

Thank you, Mr. Speaker. Mr. Speaker, there's a lot in here, and a lot of really important work in here, but a lot of it, before we end up with houses on the ground and before we end up with things like integrated service delivery, a lot of it is things that need to happen within the back end of department land. And so it's really important that we see this work get done and get done on time. And so I'm wondering if the Premier can speak to since it was tabled since this strategy was tabled, what has been accomplished within the GNWT? Thank you.

Thank you, Mr. Speaker. So the commitments for the by the end of this government would be that the integrated case management workers would be housed within the Executive and Indigenous Affairs. We were working on the job descriptions, the evaluations, etcetera, just before the evacuation happened. I believe that process, if it's not finished already, will be close to. And I'll make a point of making sure that it's done before I leave. And so before the end of this government, the job descriptions, the people that will be hired, that integrated case management team will be located in the Executive and Indigenous Affairs, and we will begin to make those connections with all of the agencies because it can't be done alone by the GNWT. It has to be done in consultation, side by side, with the agencies addressing homelessness. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Madam Premier. Final supplementary. Member for Kam Lake.

Thank you very much, Mr. Speaker. Mr. Speaker, I'm wondering if the Premier can next speak to what, in the next six months, we can expect to see come from this government. My biggest concern is that a lot of the things that we see happening are going to be internal, and we really need action on the ground so that people of the Northwest Territories feel it and, at the end of the day, we reach zero homelessness. Thank you.

Thank you, Mr. Speaker. What can be addressed in what's going to happen in the next six months, I can't speak to that, Mr. Speaker, because there will be an election within the next six months. So what I can speak to is by the end of this government, we shall have that team organized and put into the Executive and Indigenous Affairs.

Mr. Speaker, though, this cannot this issue is huge and it needs to be addressed. The reason that we did the homelessness strategy, the reason that we pulled it into the executive is because it's been off the side of the table for departments for many, many decades, and we've realized that that is not okay. So personally, I'm going to do my piece to make sure that this gets integrated into the executive to be as strong as it can. I need MLAs in the next Assembly, and residents I will be part of that chain banging the drum. We need to make sure that homelessness is a priority, that homelessness stays a priority, and that the integrated services, not just the people, but departments working together continue so that we can address homelessness so that people have the basic standard a home to live in. If you don't have a place to live, Mr. Speaker food, clothing, and shelter lots of research says you won't prosper. So my hope is that the MLAs sitting across the table, those that get reelected, will continue to make this a priority and will continue to push government because even if you are or not, I will be doing that as a resident to the NWT. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Madam Premier. Oral questions. Member for Monfwi.

Thank you, Mr. Speaker. I just want to make a comment. I know that the Minister is going to be retiring and not returning in the fall. But the question that I asked, it needed to be asked. The Assembly may be ending but the work is not ending, so I just wanted to make that comment. Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Monfwi. Taken as a comment. Oral questions. Written questions. Returns to written questions. Sorry, Member for Great Slave.

Thank you, Mr. Speaker. Mr. Speaker, I speak unanimous consent to return to recognition of visitors in the gallery. Thank you.

Speaker: MR. SPEAKER

Thank you, Member for Great Slave. The Member is seeking unanimous consent to return to item 5. Are there any nays? Member for Great Slave.

Recognition of Visitors in the Gallery (Reversion)

Thank you, Mr. Speaker. I hope she's still here because I do really struggle sitting where I sit yeah, okay, excellent. I'd like to recognize my constituent Kate Reid. Kate is the president of the YWCA, and I'm super excited for the opening of the family centre. Welcome, Kate.

Speaker: MR. SPEAKER

Welcome. Recognition of visitors in the gallery. If we have missed anyone in the gallery, I'd like to welcome you to the Chamber, and I hope you're enjoying our session today. Thank you.

Reports of Standing and Special Committees

Committee Report 76-19(2): Special Committee on Transition Matters Moving Forward: Report of the Special Committee on Transition Matters

Thank you, Mr. Speaker. Mr. Speaker, your special committee on transition matters is pleased to provide its report on transition matters titled Moving Forward: Recommendations for the Incoming 20th Assembly and commends it to the House.

Mr. Speaker, I move, seconded by the Member for Frame Lake, that the Committee Report 7619(2) be deemed read and printed in Hansard in its entirety. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Hay River South. The motion is in order. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Speaker: MR. SPEAKER

Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. Committee report is deemed read.

Carried

Introduction

A democratic society relies on the peaceful, coordinated, and timely transition of power from one group of elected leaders to another. Following the Territorial General Election, the Members-elect of the 20th Legislative Assembly will meet in Yellowknife to transition power from one Assembly to another. In our consensus style of government, the incoming Assembly must make important decisions right away. This includes how they will set their priorities and budgets, who will lead the government, and the structure and membership of standing committees.

As Members of the 19th Assembly, we benefited from our predecessors’ recommendations. In this report, we make recommendations we hope will benefit our successors. The recommendations and observations in this report are suggestions for improvements to the current system.

We hope Members of the 20th Legislative Assembly find these recommendations useful, and we wish them every success.

Priority Setting

The process for priority setting in each Assembly is set out in the Consensus Government Process Conventions, specifically the Priority Setting and Reporting Convention (Appendix A). The outcome of that process, the priorities of the 19th Legislative Assembly are attached (Appendix B).

Committee reflected upon the priorities and mandate development processes employed in the 19th Assembly. The 19th Assembly engaged early with key partners before facilitating the priority setting process. All of this occurred before December. Although Committee agreed on the importance and continuation of engaging with elected Indigenous government and community leaders in the development of priorities, more is required for this process. Priorities were identified at the beginning of the term with minimal ability to adjust the actions and commitments based on new events and developments.

Members noted that the priority setting process may have benefited from a greater understanding of their own roles, the roles of government departments, and the relationship with key partners. Allowing for a more flexible and extended input process to occur between October and January would give more time for all Members to better understand the operational and budgetary realities of the Government of the Northwest Territories (GNWT) and still provide an opportunity for fulsome engagement with partners. It would promote a more informed priority setting process.

Although it was noted that this additional time for on-boarding and engagement could delay the implementation of priorities, Committee agreed that ensuring Members are fully aware of all aspects of government and their roles and responsibilities would ensure a more informed priority setting process. This more wholesome understanding would allow Members to shift resources towards established priorities through their budgetary exercises.

Committee agreed that future Assemblies should attempt to limit the number and scope of their priorities to reflect a more strategic vision. Priorities should be high-level in nature and limited in number. A recent example discussed by Committee were the five priorities released by the 6th Legislative Assembly of Nunavut (Appendix C). The Priorities should focus on outcomes that the Assembly would like to achieve as opposed to identifying specific actions the GNWT should take. By focusing on outcomes, the Executive and Legislative Branches of government would have the flexibility to work through actions needed to achieve these outcomes and to adapt their actions as necessary.

The additional time taken in priority setting allows Members to make public statements around their own priorities, ensure Members meet with Indigenous Governments and Non-Governmental Organizations, provide Cabinet Members time for departmental briefings, and provide Regular Members time for briefings.

The Committee is making the following recommendation to the 20th Assembly:

Recommendation 1

The Special Committee on Transition Matters recommends that the Input Process for Priority Setting occur between October 2023 and January 2024. Once all Members have a better grasp of their responsibilities, capacity, and other priorities, it is recommended that the 20th Assembly use the February-March sitting to finalize their priorities. Should the 20th Assembly identify the need for a separate mandate document versus mandate letters, this can be completed for the May/June sitting. This additional time will allow Members to better shape their priorities and ensure those priorities are reflected in subsequent business and budget planning processes for the next year and the rest of the 20th Assembly.

The advantage of this delayed priority setting process is that it allows time for Members to become more familiar with their roles, the government, services already offered, and a better sense of what they hope to accomplish together. Members of Cabinet will have been briefed on their departments and Regular Members will have completed a first budget review of each department. Members should be in a better position to critically assess priorities. They can also reflect on their priorities and the priorities identified by stakeholders when first elected, and how that may be changed by their understanding of how government currently operates.

The Committee is making the following recommendation to the 20th Assembly:

Recommendation 2

The Special Committee on Transition Matters recommends that the priorities are tabled before the end of the February-March 2024 Sitting to allow for a mandate style document to be introduced in the May-June sitting.

Orientation Of Members

In each Assembly, an independent commission is struck that reviews Members’ compensation and benefits. That commission makes recommendations which Members consider in the House as motions. In the 19th Assembly, the Commission considered Members’ orientation, and made several recommendations that were adopted by Members of the 19th Legislative Assembly. These recommendations included that initial Member orientation be mandatory and that it be given over a 30-day period.

The enclosed Orientation Schedule for the 20th Legislative Assembly was prepared with these recommendations in mind (Appendix D). The schedule had to be reworked once the election date was changed following the wildfires and evacuations in communities across the Northwest Territories. In this schedule orientation will continue into January and February.

Committee recommended to the Office of the Clerk that the orientation focus on providing information that Members need to know when they need it. For example, understanding roles and responsibilities is the focus prior to selection of a Cabinet. Orientation to committees and the legislative process is later, when they will be facing their first sitting.

Revised Budget Cycle

Committee identified that the current budget cycle has several disadvantages from a timing and communications perspective. A key issue under the current regime is that Business Plans are developed approximately four months prior to the Main Estimates. This timing creates financial schedules that do not align between these documents. This also creates a duplication of staff efforts in creating two financial schedules leading to a less efficient process and unclear financial statements.

In addition to this, during an election year, the current budgetary process would have new MLAs approve two business plans in their first year in government (December/January and September). This again duplicates work, creates complications in financial reporting between Business Plans and Main Estimates, and most importantly limits the ability of MLAs to ensure their priorities are reflected in the first full Budget of the new Assembly.

Combining Business Plans and Main Estimates would create a more succinct and clearer financial schedule that allows Members and the public to better understand, articulate, and influence the budgetary cycle.

The Special Committee on Transition Matters makes the following recommendation:

Recommendation 3:

The Special Committee on Transition Matters recommends that the development of Business Plans and Main Estimates, in non-election years, are completed concurrently to allow for release and review by standing committees in December/January.

Under the Financial Administration Act, the Government is required to have an operating plan in place by April 1 of each year. As a result, departments are called upon to develop interim operating plans in an election year, until full business plans are developed.

The Committee agreed that given the recommendations involving the Priority Setting Process discussed in Section 2 of this Report, it is important that the budget processes have an opportunity to reflect the Priorities of the 20th Assembly.

An Interim Budget for an election year gives ability for Members to have a comprehensive understanding of the work of departments while developing their Priorities. It further gives room for flexibility to determine how funding should be allocated towards the established priorities for the 20th Assembly.

The Special Committee on Transition Matters makes the following recommendation:

Recommendation 4

The Special Committee on Transition Matters recommends that, after the election, an interim budget that provides supply through the Spring of 2024 is presented followed by a full budget in the first May-June sitting of the 20th Assembly.

Cabinet Selection

The selection and structure of Cabinet is decided by each Assembly at the commencement of its term. There is nothing in legislation that determines the size and composition of Cabinet or the process used to recommend the appointment of the Premier and individual Ministers. The Territorial Leadership Committee, consisting of all 19 members, has historically met to determine these positions through a public forum.

Committee considered a discussion paper on options for cabinet selection. Since Division, the Cabinet has consisted of six Members, each representing a distinct geographical region of the Territory; two from those constituencies north of Great Slave Lake, two from those south of Great Slave Lake, and two from Yellowknife. This system has come to be known as the 2-2-2 structure. Nominations are accepted for each of the three distinct regions. Each nominee is then called upon to deliver a ten-minute speech before a series of ballots are held for each of the three regions until two nominees from each attain a majority of support.

Committee agreed that the advantages of the 2-2-2 system outweighed any advantages discussed in other potential Cabinet criteria systems. The 2-2-2 system helps to limit the ability of a single region or urban centre to dominate Cabinet; provides acceptable levels of small and medium community representation; and is well understood by the public and new Members.

Mid-Term Review

The 19th Legislative Assembly did not conduct a mid-term review of Cabinet. It was determined that the performance of Members of Cabinet would be reviewed as needed by way of a motion without the need for a formal, scheduled review.

The 19th Assembly did conduct a mid-term review of the mandate. The government would table an annual update on progress on implementation of the mandate. The second annual update on the mandate was referred to Committee of the Whole. The Premier and the Secretary to Cabinet appeared as witnesses and answered questions related to mandate items within each priority. Members had 10 minutes to make comments or ask questions on each priority, not individual mandate items. It was through these considerations that

Committee agreed to recommend the following:

Recommendation 5

The Special Committee on Transition Matters recommends that the 20th Assembly not hold a mid-term review on the performance of Members of Cabinet but address their performance through other measures.

Recommendation 6

The Special Committee on Transition Matters recommends that the 20th Assembly determine a method for reviewing the Government’s progress on the mandate after a mandate document has been identified.

Conclusion

The recommendations included in this report were drafted to provide the members of the next Assembly with practical advice that will support their efforts to shape what Government focuses on, how it operates, and how Cabinet is selected. Consensus government is a unique and ever-evolving system of parliamentary democracy. This report was written to give the next Assembly a platform to better operate and implement key priorities important to them. It was done with the best intentions of supporting their efforts and their goals. The committee wishes to extend its very best wishes to all elected Members of the 20th Legislative Assembly

Speaker: MR. SPEAKER

Reports of standing and special committees. Member for Hay River South.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Frame Lake, that Committee Report 7619(2), titled Moving Forward: Recommendations for the Incoming 20th Assembly, Report of the Special Committee on Transition Matters, be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Hay River South. The motion is in order. To the motion.

Speaker: SOME HON. MEMBERS

Question.

Speaker: MR. SPEAKER

Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. The committee report has been received and referred to Committee of the Whole.

Carried

Tabling of Documents

Tabled Document 1024-19(2): Reclaiming the Capable Person: We Are All Capable Persons When We Have Community – A Strategic Framework for Addressing Family Violence in the Northwest Territories

Mr. Speaker, I wish to table the following document: Reclaiming the Capable Person: We Are All Capable Persons When We Have Community A Strategic Framework for Addressing Family Violence in the Northwest Territories. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Minister. Tabling of documents. Member for Kam Lake.

Tabled Document 1025-19(2): Correspondence Dated March 1, 2023 from the Canadian Dental Hygienists Association re: Modernizing the Dental Auxiliaries Act for Increased Access to Preventative Healthcare

Tabled Document 1026-19(2): Correspondence Dated March 7, 2023 from the British Columbia Dental Hygienists Association re: Modernizing the Dental Auxiliaries Act for Increased Access to Preventative Healthcare

Tabled Document 1027-19(2): Correspondence Dated March 29, 2023 from the Ontario Dental Hygienists Association

Thank you very much, Mr. Speaker. Mr. Speaker, I wish to table three letters. The first is from the Canadian Dental Hygienists Association; the second from the British Columbia Dental Hygienists Association; and, the third is from the Ontario Dental Hygienists Association. Thank you very much, Mr. Speaker.

Notices of Motion

Merci, Monsieur le President. I give notice that on Friday, October 6th, 2023, I will move the following motion: Whereas the Integrity Commissioner received a written complaint and carried out an investigation pursuant to Section 100(2) of the Legislative Assembly and Executive Council Act;

And whereas the Integrity Commissioner submitted an investigation report dated October 3rd, 2023, to the Speaker of the Legislative Assembly into the conduct of Ms. Katrina Nokleby, MLA Great Slave, by returning to and remaining in Yellowknife after it was ordered to be evacuated in August 2023;

And whereas the Integrity Commissioner has concluded that the MLA for Great Slave violated section 2 of the Members' Code of Conduct;

And whereas based on that conclusion, section 102(c) of the Legislative Assembly and Executive Council Act provides that the Integrity Commissioner may recommend to the Legislative Assembly one or more punishments in accordance with Section 106;

And whereas the Integrity Commissioner, pursuant to section 106(1)(a) of the Act, had recommended the Legislative Assembly:

reprimand Ms. Nokleby; and,

fine Ms. Nokleby $7,500 to be reduced by the $3,500 contribution she has made to charity for a net amount of $4,000.

Now therefore I move, seconded by the honourable Member for Hay River North, that the recommendations of the Integrity Commissioner be accepted and that this Assembly reprimand the Member for Great Slave and impose a fine of $7,500 to be reduced by $3,500, for charitable contributions made, for a net amount of $4,000. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Frame Lake. Notices of motion. Member for Thebacha.

Motion 87–19(2): Dissolution of the 19th Assembly

Mr. Speaker, I give notice that on Friday, October the 6th, 2023, I will move the following motion: Now therefore I move, second by the honourable Member for Hay River North, that this Legislative Assembly request the Commissioner of the Northwest Territories to dissolve the 19th Assembly of Northwest Territories on October 15th, 2023 to permit polling day for a general election to be held on November 14th, 2023.

And further, that the Speaker transmit this resolution to the Commissioner. Thank you, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Thebacha. Notices of motion. Motions. Notices of motion for the first reading of bills. First reading of bills. Second reading of bills. Consideration in Committee of the Whole of bills and other matters, Bill 23, 65, 75, 80, 84, and 85, Committee Report 52, 53, 55, and 7419(2), Minister's Statement 26419(2), Tabled Document 68119(2), Tabled Document 973 and 97419(2).

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 deal with Committee Report 5519(2) and Bill 85. Mahsi, Madam Chair.

Thank you. Government House Leader.

Thank you, Madam Chair. We wish to deal with Bill 65 and Bill 84 as well. Thank you.

Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

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

SHORT RECESS

I call Committee of the Whole back to order. Committee, we've agreed to consider Committee Report 5519(2), Report on Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act. I will go to the chair of the Standing committee of Government Operations for any opening comments. Member for Yellowknife North.

Thank you, Madam Chair. Bill 85, United Nations Declaration on the Rights of Indigenous Peoples Implementation Act, received second reading in the Legislative Assembly on March 30th, 2023, and was referred to the Standing Committee on Government Operations for review.

The standing committee held public hearings in Fort Simpson, Fort Smith, Yellowknife, Tuktoyaktuk, Inuvik, and Deline. Due to forest fires, committee was unable to travel to Hay River but held a virtual meeting with the Metis Local 51 as requested. Committee held a public meeting with the Minister of Executive and Indigenous Affairs and completed its clausebyclause review on the bill on September 20th, 2023. Committee received four written submissions on this bill.

I thank the committee for their efforts in reviewing this legislation. Individual Members may have additional comments or questions. Thank you, Madam Chair.

Thank you, Member. I will now open the floor to general comments on the committee report 5519(2), Report on Bill 85: United Nations Declarations on the Rights of Indigenous Peoples Implementation Act. Do any Members have general comments? Seeing none, may we please proceed to the motion? Member for Yellowknife North.

Committee Motion 493-19(2): Committee Report 55-19(2) Standing Committee on Government Operations Report on the Review of Bill 85: United Nations Declaration on the Rights of Indigenous Peoples Implementation Act – Indigenous Government and Organizations Consent, Carried