Debates of October 24, 2006 (day 14)

Thank you, Mr. Speaker. Mr. Speaker, my questions are to the Minister of WCB and it’s with regard to what he said yesterday on the WCB’s opening of the door of sorts, that they are looking at changing, finally, the policy on chronic pain which would allow benefits of permanent/partial disability. He’s saying, on page 884, that they have to look specifically…The thing I am having trouble with is WCB is again having to consult. I think it’s a good thing to consult, but at a certain point when a Minister and the corporation and the Board of Governors who haven’t been given the powers under the law to make the decisions…Now the government did not go and consult on what the government should do about the Ed Horne case. You don’t go and consult on a legal position. I submit to you that there is a very clear legal decision. The Supreme Court decision says the council must change the policy. Will the Minister send a directive forthwith to the council and say that they must change the policy? Thank you.

Thank you, Ms. Lee. The honourable Minister responsible for WCB, Mr. Dent.

Return To Question 169-15(5): Workers’ Compensation Board Policy On Chronic Pain

Thank you, Mr. Speaker. Mr. Speaker, the current policy of the board for chronic pain does specifically mention chronic pain as a pain disorder and it does specifically say that compensation benefits can be provided for the lifetime of the recipient if necessary. So that is, in many ways, probably dealing with the constitutional requirement.

It’s important to point out that the court decision of Justice Schuler states that it was the policy in effect in 2001 that was not in compliance with section 15 of the Charter. I want to point out, too, that the Auditor General, who did a study of the work of the Workers’ Compensation Board at the direction of this House, clearly says in her report that the WCB should regularly consult with stakeholders and management, particularly in controversial areas such as pain disorders. So the WCB has direction from the Auditor General on this issue at the direction of this House to consult with stakeholders. That is, I believe, what they are intending to do. Thank you, Mr. Speaker.

Thank you, Mr. Dent. Supplementary, Ms. Lee.

Supplementary To Question 169-15(5): Workers’ Compensation Board Policy On Chronic Pain

Mr. Speaker, I have to tell you that this government, this council and this Minister is on the verge of being negligent. It’s illegal not to have that policy. Now, how could they use the power of the office of the Auditor General to dither? Mr. Speaker, that didn’t apply to cases where there is a Supreme Court of Canada decision and a Supreme Court of the NWT decision that says what you are doing is discriminatory. This is outrageous, Mr. Speaker. He said, on page 884, and I quote: “The current policy, 3.10, does not specifically list permanent partial disability...”. That’s a problem. You don’t need to consult, you don’t need to dither, you don’t have to revisit. Change the policy. Why don’t you do that right now? Thank you.

Thank you, Ms. Lee. Mr. Dent.

Further Return To Question 169-15(5): Workers’ Compensation Board Policy On Chronic Pain

Thank you, Mr. Speaker. It’s also important to remember that the Auditor General’s report pointed out that the Minister does not make policy. It’s the board or the Governance Council that makes policy. So the Governance Council has agreed that they are going to look at their policy. They are prepared to consult and make the changes and they have a policy in place that allows for a lifetime disability pension right now. Thank you, Mr. Speaker.

Thank you, Mr. Dent. Supplementary, Ms. Lee.

Thank you, Mr. Speaker. I guess nobody has the power to make the policy. I wish I could be in there and make that policy, Mr. Speaker. The Minister has the power to make the policy. WCB law allows him to send a directive and he said yesterday that the council is going to make the policy but they want to consult more. I am telling you it’s a good thing that the WCB did not go to the Supreme Court because they would have had their wrists slapped again and they should change their legal advisor and do the thing now…

Do you have a question, Ms. Lee?

…or he should resign.

I didn’t hear a question there, Ms. Lee. Do you want to rephrase your question, Ms. Lee?

Thank you, Mr. Speaker. Let me just be clear again. The law of the Territories is…

Do you have a question, Mr. Lee?

Supplementary To Question 169-15(5): Workers’ Compensation Board Policy On Chronic Pain

Thank you, Mr. Speaker. Will the Minister, will the Premier, will the council, get legal on chronic pain policy, change the policy to meet with the Valic decision? They cannot be illegal any longer, and I apply that to the Minister of Justice, too.

Thank you, Ms. Lee. Mr. Dent.

Further Return To Question 169-15(5): Workers’ Compensation Board Policy On Chronic Pain

Thank you, Mr. Speaker. The Governance Council has agreed that they are going to examine the policy. They are going to change it if it needs to be changed. They are quite prepared to move on looking at that. That commitment has been made. I have made it publicly. The issue is one that they have said they are going to move on. I will talk again to the chair of the Governance Council and make sure that they look at it very quickly. Thank you, Mr. Speaker.

Thank you, Mr. Dent. Final, short supplementary, Ms. Lee.

Supplementary To Question 169-15(5): Workers’ Compensation Board Policy On Chronic Pain

Thank you, Mr. Speaker. What is it exactly stopping the Minister to write that directive?

Thank you, Ms. Lee. Mr. Dent.

Further Return To Question 169-15(5): Workers’ Compensation Board Policy On Chronic Pain

Thank you, Mr. Speaker. As I understand it, the Financial Administration Act prohibits the Minister from providing any direction to the WCB that will impact on the accident fund. Thank you, Mr. Speaker.