Debates of August 19, 2011 (day 14)
QUESTION 160-16(6): EMERGENCY PROTECTION ORDERS (EPO) PROCESS
Thank you, Mr. Speaker. I’d like to ask some questions today to the Minister of Justice and at the outset I’d like to thank the Minister for the information he recently provided to Members about emergency protection orders, or EPOs. It’s very helpful information.
Earlier this week we heard a concern raised by a constituent of Yellowknife Centre around a recently issued EPO, and there have been other similar concerns about EPOs in the last year. It would suggest to me that there are some flaws in the EPO process and that some adjustments are necessary. In light of these incidents, I would like to ask the Minister whether or not the department is considering a review of the EPO process, from the application for the EPO to the EPO hearing and beyond.
Thank you, Ms. Bisaro. The honourable Minister responsible for Justice, Mr. Lafferty.
Mahsi, Mr. Speaker. With respect to the EPO, the process, and also the issues that we’ve been dealing with over the years, we have managed to do an overall review of the EPO process, the guidelines and so forth. At this point it is within my office to review. The recommendations are brought forward. I will be reviewing the recommendations brought forward.
Yes, the review has been done and the recommendations will be coming down to possibly make those changes that will reflect what’s been happening on the outset.
It’s interesting to note that there are two reviews relative to the Protection Against Family Violence Act which were posted recently on the Justice department website. I think it was on Monday. The one the Minister refers to, I think, is called an Analysis of Emergency Protection Order Hearings in the NWT and it’s dated October 2010. In the summary of findings in that report it says: “The EPO legislation is well conceptualized and well written, but may need some modification to deal with special circumstances.” The Minister says he’s considering this report. I’d like to know whether or not since this evaluation was received, if the department is considering making modifications to the legislation governing emergency protection orders.
There is a process that we need to follow. I haven’t looked at those recommendations as of yet but I will be reviewing them. When it comes to making those changes, we have to consider all options as we move forward.
I appreciate that all options will be considered. I guess it’s a matter of when we can expect something to come back, when the report will be evaluated. We’re getting on to almost a year since it was received.
Another quote from the summary findings is: “Any difficulties with the EPO hearing appear to be in its application, not its design.” It goes to the heart, I think, of the matter of some of the difficulties that have occurred in the last while. I’d like to know if the department will consider, when it does its review, the application process and the specific finding from this report.
Part of the recommendations brought to our attention was that matter from my departmental briefing. I will be going through the recommendations and possibly making those changes as we move forward. They are recommendations brought to our attention and we are currently reviewing it. This matter will be before the 17th Assembly as well as the new government, so we’ll do what we can as the department of the day.
Thank you, Mr. Lafferty. Final supplementary, Ms. Bisaro.
Thank you, Mr. Speaker. Thanks to the Minister. I’m really glad to hear that the department is actively looking at this report and is actively considering making some changes. I think that there are some necessary. The report presumably was received late last year. It’s dated October 2010. I’d like to ask the Minister, if this is going to the 17th Assembly, when we might expect to see some recommendations for change from this report.
As I stated, the recommendations are before me now and it will be part of as we move into the 17th Assembly government. We’re at the tail end of our 16th Assembly. There are only a few more days here. I will be reviewing it, and if we need to make those changes, we’ll definitely work on that.
Thank you, Mr. Lafferty. The honourable Member for Kam Lake, Mr. Ramsay.