Thank you, Mr. Speaker. Mr. Speaker, I would like to address the House about the Environment and Natural Resources' search of the Lutselk'e camp on September 13th. Many people have asked for more information about how and why a search was conducted at the camp near Artillery Lake. As the search was a matter before the courts, we could not provide more information.
On October 24th, the search warrant used for this search was quashed. I want to make it clear that the investigations related to suspected illegal caribou harvest and wastage remains open and are ongoing. As this search is no longer part of the active investigation, I am now in a position of sharing more information which has been reported by the officers.
Mr. Speaker, it is understood that on September 13th, two officers landed on a designated helipad located a short distance from the Timber Bay camp. The unarmed officers, in standardissued uniforms, met with identified leaders of the camp. The officers waited until leaders at the camp had time to meet, consult their legal counsel, and let the officers proceed with the search. This meant that officers did not start their search for close to an hour and 20 minutes after they landed. Leaders of the camp did not agree to a request by the officers' to be shown where recently harvested caribou meat was located within the camp, which would have enabled the officers to do a narrower search. The officers only took small samples of meat to use as evidence, instead of seizing all meat. Once the search began, a member of the camp leadership and a number of other camp participants accompanied officers. The search, including small collections, took about an hour and 40 minutes. From landing to leaving, officers were there for around three hours. We expect this information, video taken by those at the camp, and other accounts will be assessed during the officers’ conduct review, which the GNWT remains committed to complete.
Mr. Speaker, we recognize the importance of caribou to our Indigenous communities across the NWT, and we know that current harvest restrictions have been very hard on people who rely on this resource.
Mr. Speaker, the mobile zone is in place because the Bathurst herd has experienced a 99 percent decrease since 1986 when the herd was 470,000. In 2021, ENR established that 6,200 Bathurst caribou remained. ENR continues to work closely with Indigenous governments, Indigenous organizations, and renewable resource boards on a range of actions to support the conservation and recovery of the Bathurst herd, while also supporting harvest from healthy caribou herds and other wildlife species.
Mr. Speaker, this government knows just how important harvesting is to communities. We hear it from elders, leaders, harvesters and families. We also listen when they tell us to support more on-the-land activities and invest in programs that help families out on the land.
Mr. Speaker, we want to encourage traditional practices that help sustain wildlife populations and support recovery of the Bathurst herd. ENR has many programs designed to encourage communities and individuals to get out on the land and harvest, including the Community Harvesters Assistance Program and the Take a Family on the Land Program. ENR believes this work supports the GNWT’s efforts toward reconciliation.
Respectful harvesting is a cornerstone of traditional values. The GNWT continues to work closely with Indigenous leaders and other comanagement partners to encourage harvesters, families, and community members to harvest respectfully. I acknowledge that there are relationships that need to be restored in the wake of this incident. I have recently reached out to the Lutselk'e Dene First Nation to arrange a facetoface meeting to discuss how we can continue our collaborative efforts to work together to support caribou recovery.
Mr. Speaker, the GNWT is committed to continue working with our partners to take the actions necessary to protect the Bathurst herd and help its recover for future generations. People and communities across the herd's range, and the NWT as a whole, expect that out of us. Thank you, Mr. Speaker.
Thank you, Minister. Ministers' statements. Minister responsible for Infrastructure.
Mr. Speaker, making strategic investments in our transportation system is one of the mandates of the 19th Legislative Assembly and modernizing Northwest Territories airport infrastructure will help to achieve this. Investing in airport improvements keeps our communities connected while reducing the cost of living and supporting economic opportunities. Given our vast territory and dispersed communities, air travel is essential for Northern residents, businesses, and tourists.
The GNWT manages 27 public airports that support vital services, including community resupply, air ambulance, search and rescue, forest fire response, and much more. Investing in our airports not only improves the delivery of safe and efficient transportation but also provides jobs, skills, training, and economic opportunities to communities and residents. In fact, a total of 200 Northerners are employed directly through our airports. This does not include jobs created through special projects, such as the capital construction projects.
Mr. Speaker, for many communities across the North, air travel is an essential service. For this reason, airport maintenance, and improvement activities are particularly important to ensure safe and efficient travel.
With this in mind, the Department of Infrastructure is completing work at some of our regional airports. We are undertaking drainage improvements at Sachs Harbour, Fort McPherson, Paulatuk, Jean Marie, and Sambaa K'e airports to increase the resiliency of these airports to the effects of climate change. Upgrades are being made to the air terminal buildings in Fort McPherson, Norman Wells, Wrigley, and Paulatuk to improve the travel experience at these airports.
A granular production and supply program was completed for Whati to replenish the airport’s maintenance gravel stockpile for summer maintenance training. Additional material was stockpiled in Whati to be transported over the winter road to Gameti airport to replenish that airport’s maintenance stockpile.
During the summer maintenance training program, granular material was placed on the Fort Resolution runway to reestablish the crown and promote surface drainage. Runway improvements are also being made in Inuvik, and I will be providing further details on the Inuvik Runway Project in a separate statement.
Mr. Speaker, with support from Transport Canada’s Airport Capital Assistance Program, or ACAP, investments in safety are taking place in several airports across the territory.
The airfield in Yellowknife has recently completed drainage rehabilitation work; Fort Simpson’s airfield lighting is being replaced; and, Fort Smith is improving existing air side surface overlays. Additionally, mobile equipment that is nearing the end of its lifecycle are being replaced with support from ACAP in Hay River, Fort Simpson, and Inuvik. ACAP is critical to supporting our commitment to building capacity and supporting safe and efficient travel, and we appreciate the support of the federal government in helping us to maintain safe, modern, and reliable infrastructure here in the North.
In Inuvik, work is planned to replace the airport terminal building at the Mike Zubko Airport, which includes a new publicly accessible and modern air terminal building and a separate service building. This is due to start in winter 2023.
Mr. Speaker, improvements are also ongoing at the Yellowknife Airport. The 20year master plan is close to being completed. The master plan considers flight and passenger traffic, infrastructure, commercial development, and changes to the governance model. Once complete, it will be able to provide a vision for the airport that will balance economic, strategic, social, and environmental sustainability with operational and regulatory needs.
Engagement played a crucial part in the development of the plan. That engagement included other GNWT departments and the City of Yellowknife, as well as a public survey for residents to provide their feedback on the final two options for the future development of the Yellowknife Airport.
I also want to mention that the new board of the Yellowknife Airport Economic Advisory Committee held its inaugural meeting in June and recently held its second meeting. The advisory committee plays an integral role in shaping the economic future of the airport; and, in turn, has a profound effect on industry stakeholders, as well as residents of the Northwest Territories.
Mr. Speaker, the GNWT will continue to invest in all of our airports. By working closely with communities and the federal government to secure funding, and we will keep our communities connected while supporting opportunities for Northerners. Thank you, Mr. Speaker. Quyananni, Mr. Speaker.
Thank you, Minister. Ministers' statements. Minister responsible for Health and Social Services.
Thank you, Mr. Speaker. For the past several years, the health and social services system has been undergoing an important transformation. Today I am presenting an update on the ways that system governance has changed and how those changes help empower communities.
The transformation of governance and management of the health and social services system began in 2016. This change combined the separate regional health and social services boards into one entity the Northwest Territories Health and Social Services Authority which works alongside the Tlicho Community Services Agency and the Hay River Health and Social Services Authority.
Mr. Speaker, the NTHSSA was established with a governance model that provides for regional concerns and a territorial board of management that combines and uses this regional knowledge to improve care and outcomes for clients. The integrated model includes six regional advisory health and social services bodies, known as regional wellness councils. Members are nominated by residents or leadership from the regions and appointed by the Minister. It also includes the territorial governance board, the NTHSSA Leadership Council, whose members include the chair of each regional wellness councils; the chair of the Tlicho Community Services Agency, and; the chair appointed by the Health and Social Services Minister.
The leadership council has been instrumental in improving community access to services, supporting local hiring to increase service quality, and focusing on system sustainability.
Further, the regional wellness council prioritizes community connections, each holding public meetings several times a year. At these meetings, residents can share their experiences. This information informs our work to improve service delivery and health and social services policies.
Mr. Speaker, we have achieved many successes over the last six years as an integrated system. In 2019, we reached an important milestone when we received systemwide accreditation for all three authorities. This means we are meeting nationallyrecognized service and care standards. The leadership council supported this process wholeheartedly. We have also made significant progress in addressing concerns related to cultural safety and antiracism. We have implemented mandatory staff training, and we consistently engage with the Indigenous Advisory Board whose members provide advice and recommendations to ensure our programs and services meet cultural safety goals.
Mr. Speaker, I would like to acknowledge the leadership of Mr. Jim Antoine, who served for six years as the inaugural chairperson on the Leadership Council. I want to thank Mr. Antoine for his dedication to the wellbeing of Northerners and his commitment to the organization. We will certainly miss him.
The new chairperson is Gerry Cheezie, who took over in August. Mr. Cheezie has a long history of working with First Nations, Metis councils, and all levels of government. He has contributed to various nonprofit and forprofit organizations in different roles, including two terms on the NWT Housing Corporation board of directors. I am pleased to welcome him to his new role.
This change in council leadership presents an opportunity to renew focus on the next stage of system transformation. The leadership council continues to identify key areas that will enable the governance structure to meet statutory requirements and improve programs and services for residents.
Mr. Speaker, while we continue to improve efficiency, there is still work to do. We face some challenges that are unique to the Northwest Territories, and others that are shared by health and social services systems across the country. We will continue to address these issues, as we work alongside the executive leadership team from all three authorities. We will always work to incorporate the valuable input received from communities and residents. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. Mr. Speaker, last weekend I went home and heard from constituents who are asking what this government is doing to address future flood preparedness for the communities of Hay River and K'atlodeeche. Residents are concerned that this government has been silent on what, if any, action is being taken, or is currently underway to assess the flood, our response, mitigation solutions, and emergency preparedness.
Mr. Speaker, I am concerned that we are only six months away from spring break up, and the question is are we prepared to deal with another flood?
Preparedness does not suggest continuing to offload responsibility to communities that lack, not only human and financial resources, but the expertise to identify and evaluate those flood risk indicators. This government must be, not only an active partner, but take the lead.
Mr. Speaker, in a prior round of questions to the Minister of MACA, he alluded to the fact his authority for addressing flood preparedness and mitigation is limited to what is inside the community boundary. If we do not consider what occurs outside a community boundary, this government will not be prepared to effectively address future flood potential. Mr. Speaker, this is why we need to conduct a thorough postmortem of the event that took place and to accomplish that, we must engage those government departments that have responsibility for the environment and communities. However, in saying that, we must task one department, or one agency, to take the lead – which, for the GNWT, would be the Department of Environment and Natural Resources. As well, it goes without saying that the Town of Hay River, K'atlodeeche First Nation, West Point First Nation, and the Metis, must be included in any and all pre and postflood discussions, assessments, and solutions.
Mr. Speaker, as the result of flood damage, this government, the federal government, Indigenous governments, residents, and businesses will have spent approximately $200 million to address property damage, loss of income, loss of revenue. On top of this figure, we will have additional costs associated with mitigation requirements, ongoing monitoring and assessments of the lake, river, community, and the Hay River Basin.
Mr. Speaker, at this point I am not comfortable in the answers I have received from this government when it comes to what is the plan going forward. Just as we have specialists when it comes to predicting and fighting forest fires, we need that same level of expertise in place when we talk flood and ice management, and those positions must be located in Hay River. Thank you, Mr. Speaker.
MR. SPEAKER:
Thank you, Mr. Speaker. Our mandate commits us to settle and implement treaty land resources and selfgovernment agreements, as well as make progress implementing the United Nations Declarations on the rights of Indigenous people. And, Mr. Speaker, when you look at progress to date, it's hard to see that almost anything at all has been done on these two priorities.
The mandate made an unambitious goal of settling two agreements in the life of this Assembly. To date, we have seen zero agreements. And with the last one being Deline selfgovernment in 2015, it's over seven years since this government has signed an agreement on treaty land resources or selfgovernment. Furthermore, Mr. Speaker, many of the existing agreements are not fully implemented. There are sections, and there are still fights about implementation dollars.
At this point, Mr. Speaker, I would take any progress at all on this. Perhaps, you know, when this was first passed and we saw two agreements, some of us hoped for one of the big three the Metis, the Akaitcho, or Deh Cho settling, but at this point, Mr. Speaker, I would take a small chapter on governance for a single group or perhaps one of the smaller communities' selfgovernment agreements. I know we recently, in the last Assembly, signed an AIP with Norman Wells. I'm unsure of progress on that.
Even at this point, Mr. Speaker, I would take a group saying, you know, our existing agreement is fully implemented. We believe we have accomplished everything that was originally negotiated, and funding dollars are flowing, because I know many groups would not say that about their current agreements.
Additionally, Mr. Speaker, on the United Nations Declaration on the Rights of Indigenous People, an action plan was promised for summer 2022. Well, summer 2022 has passed, and we do not have an action plan. Now I know COVID occurred, and I know getting agreement on an action plan is a hard goal. But, Mr. Speaker, I grow concerned that we are going to leave this Assembly with absolutely nothing done to meaningfully implement UNDRIP.
Mr. Speaker, at a very minimum, I would have expected the government to have released by now a view of what they think they are doing that implements each article of the declaration, an analysis of what we are already doing very well and perhaps some areas of improvement. I would have expected legislation that was similar to BC or Canada in this area that binds the government to commit to providing an action plan, yet, Mr. Speaker, at this point, we have nothing to look for. There is no public document about what we are actually doing to implement UNDRIP. What is our interpretation of free, prior, and informed consent? I do not know these. Mr. Speaker, I will have questions for the Premier about whether any progress will be done by this Assembly on either of our main priorities. Thank you, Mr. Speaker.
MR. SPEAKER:
Thank you, Mr. Speaker. I want to talk about the fuel prices in my riding of Nunakput, Mr. Speaker. Across Canada, it seems year over year significant increases in the fuel prices turn, and it raises the price of overall cost of living in our riding. Mr. Speaker, my riding, we rely on fuel for everything transportation, to heat our homes, to hunt. In essence, Mr. Speaker, we basically need fuel to live.
When the prices get bad in the south, it even gets worse in the Beaufort Delta and Nunakput. Three or four communities in my riding have the price our fuel set by the Government of the Northwest Territories. Current gasoline prices, GNWT, for Paulatuk, Ulukhaktok, and Sachs Harbour are $2.12 per litre, and $2.09 and $2.05 respectively. As October 25th, the prices of regular gasoline in Tuktoyaktuk, $2.31 a litre and $2.60 a litre for diesel at the pump. Mr. Speaker, prices are more than $0.30 higher than the gas pumps here in Yellowknife. Every time an increase in the price of fuel, Mr. Speaker, serious negative effects on the people of Nunakput.
Nunakput already faces the highest cost of living in the NWT. The senior heating subsidy in 20222023 additional payment on the GNWT announced in September is good but it's not good enough to cover the rising fuel costs for our elders and our singleparent families.
The government needs to find a solution to mitigate the rising cost of living for the residents in Nunakput. Mr. Speaker, we have to do more. We have to reign in the fuel costs is a place to start. I'll have questions for the finance minister at the appropriate time. Thank you.
MR. SPEAKER:
Mr. Speaker, housing has a cyclical effect in the NWT. Where housing is inadequate or unsuitable in small communities, the cost of housing is unaffordable in Yellowknife. Inaccessible housing, housing in disrepair, or simply not enough housing and lack of local resources and employment funnel NWT residents into our territory’s capital. According to the Bureau of Statistics, 17 of our 33 communities lost residents from 2020 to 2021. Housing plays a significant role in supporting community residency and in turn Arctic sovereignty.
Housing NWT maintains a suite of housing programs, including home purchase, home repair, and public housing. But NWT residents with public housing arrears cannot put their names on public housing NWT waitlists or access housing purchase or repair programs.
The Standing Committee on Social Development traveled to multiple communities across the NWT to hear from residents about homelessness prevention. I want to thank NWT residents who shared candidly with committee and invited us into their homes.
One family we met lives in a renovated work trailer from the 1980s with 10 family members from three generations. Their home has no working furnace, dangerous electrical, and a bed in every space. This family does not qualify for home repair programs and cannot put their names on public housing waitlist because they have arrears from decades ago.
A second person we met was an 87yearold elder who is still working to pay off their public housing arrears while staying housed. This elder is not employed and uses their pension to make payments leaving this resident with $300 a month for the rest of their living expenses.
Housing NWT’s own arrears collection principles stipulate that Housing NWT will adhere to a standardized and consistent approach to collections; that arrears should be collected in a timely and efficient manner; that tenants and clients should not accumulate large rental and mortgage arrears that are difficult to collect; and, that arrears should be forgiven where collection is not possible.
Mr. Speaker, how does collecting arrears from an 87yearold elder adhere to the principles of collection? How does holding a family accountable to unaffordable arrears from decades ago and, in the process, withholding access to housing programs adhere to the principles of collections? If housing is a human right, why do we have housing policies that force people to prove they deserve to be housed, that they deserve dignity, rather than policies that meet people where they are at and access a toolbox to achieve the goal of housing Northerners. Thank you, Mr. Speaker.
MR. SPEAKER:
Mahsi, Mr. Speaker. Mr. Speaker, for the people in small communities with a Government of the Northwest Territories job, there is one level of healthcare service, and for nongovernment employees, there appears to be another level of healthcare services.
Mr. Speaker, we have two systems of medical travel in the NWT, one for GNWT workers (where hotels, car rentals, and daily food expenses are covered more than enough expenses) and another system for nonGNWT, people largely covered by noninsured health benefits. The healthcare service is considerably different for residents who receive healthcare services as covered by noninsured health benefits.
I hear from constituents about their travel experiences, where there is no flexibility in their travel, negative experiences in their stay at the boarding home, limited budget for food and expenses; and further, lack of coverage for escorts.
Mr. Speaker, many in my riding, or in the NWT, require an escort due to language barriers. This basic need must be considered to ensure NWT residents are receiving equitable access to healthcare services. Mr. Speaker, without medical travel escorts, we expect our most vulnerable to go on their own to a big city they are not familiar with; navigate a complex health system they don't know; know what to ask for in English; interpret and consider the information and consequences; advocate for themselves; and, otentially make lifechanging decisions without family or loved ones on their own.
This is not a traumainformed policy, Mr. Speaker. This is a policy that puts our people knowingly at risk. And if this is not enough, Mr. Speaker, to top it off, we go ahead and treat them as secondclass citizens with small per diems.
Mr. Speaker, the purpose of the Medical Travel Policy is to give NWT residents access to insured services not available in their home community. The purpose is not to expose already vulnerable residents to anxiety, trauma and further health risks. I will have questions for the Minister of Health later today. Mahsi.
MR. SPEAKER:
Thank you, Mr. Speaker. Mr. Speaker, on August 2ND, 2022, the Minister of Health sent me an email providing advance notification that the Trailcross Treatment Centre in Fort Smith would be closing at the end of October. The Trailcross Treatment Centre is a group home for youth which takes in young people from across the NWT between ages 12 and 18. Since the 1970s this facility has provided treatment for youth experiencing addiction, trauma, and behavioural issues.
Mr. Speaker, it's unfortunate to see the closure of this facility because it has been a mainstay in Fort Smith for many years now. I have heard from several constituents, including educators, who are concerned about the closure of Trailcross, as it has been used quite frequently used by local youth in Fort Smith. Parents and teachers use Trailcross a lot to help children who are at risk of suicide and for those experiencing mental health issues. It is regrettable that health and social staff across the NWT did not work to ensure that the Trailcross was being properly utilized by youth more regularly to avoid closure.
Mr. Speaker, I understand the occupancy rate for Trailcross has been declining over the last three years, except that the 2.5 years were during a pandemic, so the occupancy numbers would surely have gone down partly because of that.
In my email I asked the Minister to reconsider this decision and find another contractor to continue
operations at Trailcross. However, the department has decided to take this opportunity to review and assess the current mental health and addictions services for youth and communities in the NWT.
Well, Mr. Speaker, given this situation and considering the state of peoples' general mental health since the pandemic, I remain very concerned about the mental health and addiction services, both for the people of Fort Smith and for the people across the NWT. I do not want to see a disruption or reduction of services for my community and the broader NWT.
So I gave Minister Green a few suggestions for what the old Trailcross building could be used for. Among those suggestions was to convert the building into a territorial aftercare facility for people experiencing addiction. Because of the way the facility was built, it makes it an ideal location to house both male and female clients in a separate way but under the same roof. Ultimately, Mr. Speaker, I would really like to see the old Trailcross building to continue to be used to help people. Specifically, I would prefer to see it continue to be used to provide mental health and wellness for Fort Smith and the people of the NWT. I believe the Minister is receptive to some of my ideas on this subject, so I will have questions for the Minister of Health on this at the appropriate time. Thank you, Mr. Speaker.
MR. SPEAKER:
Thank you, Mr. Speaker. Mr. Speaker, it is no secret how important the mineral resource sector is to the Northwest Territories' economy. This reliance is so great that we have spent a lot of time in this Assembly talking about it and we made it one of our priorities. However, the unfortunate reality of a postpandemic world is that these efforts have done little to advance any other sector. None can come remotely close to touching the direct and indirect benefits of our resource sector.
As of 2020, mining, oil, and gas directly represented 25 percent of our GDP. Even as the mining sector recovers postpandemic, exploration, production, and sales are still below prepandemic levels. Diamond mines are currently the commodity that drives the NWT's resource sector but are set to cease production by 2030. 2030, Mr. Speaker. In a mere eight years we will see the closure of Diavik in 2025, Ekati in 2028, and finally Gahcho Kue in 2030. Mr. Speaker, we should all be very concerned about the potential closure of these mines and what this means for our future.
The economy of the NWT is dependent on a robust, prosperous mineral exploration sector and the subsequent opening of new mines. Currently there are no planned expansions for the diamond mines, therefore our territory is about to become very dependent on the development of metal mines. However, we also know metal mines planned for this decade, quote "will only moderately offset the declining production of the NWT's diamond mines" as per ITI's business plan.
One hopeful mining project for the Northwest Territories is Osisko Metals' Pine Point site which is projected to start construction in the next few years. Over the projected 12year mine life, starting in 2028, the Pine Point project is expected to produce an annual average of 329 million pounds of zinc and 141 million pounds of lead.
On October 13th, Osisko Metals announced the signing of an MOU with the Power Corporation that outlines the process of negotiating a power connection to the Taltson hydroelectric grid as well as power purchase agreements. For several years Talston has generated between 3.5 to 8 megawatts of excess power, which has been underutilized.
Mr. Speaker, we are a territory dependent on mineral resource development with a bleak economic outlook, increasing power rates, and yet we literally have power spilling over existing hydro infrastructure. Mr. Speaker, how can we ensure that Osisko Metals, and other development projects in the South Slave Region, are incentivized to purchase this power? I will have questions for the Minister of ITI at the appropriate time. Thank you.
MR. SPEAKER:
Thank you, Mr. Speaker. Mr. Speaker, the mandate of this Assembly calls on the Government of the Northwest Territories to build a productive partnership with Indigenous governments. The Premier, in the mandate letter given to the Minister of Environment and Natural Resources, wrote that "I expect every Minister to foster constructive and respectful governmenttogovernment relationships with our Indigenous partners, and to seek ways to advance reconciliation, and recognize and affirm Aboriginal rights." The mandate letter also stated that "It is critical to address the ongoing legacies of colonialism and devastating impacts that it had on Indigenous people's culture."
That's why it's hard for me to understand what happened yesterday in the Supreme Court of the Northwest Territories.
GNWT lawyers acknowledged that the search warrant obtained by ENR officers for a raid on the Lutselk'e Dene First Nation cultural camp at Thaidene Nene last month was issued "without lawful authority." Plainly, Mr. Speaker, this means that ENR officers violated the constitutionallyprotected Charter and Treaty rights of Indigenous People.
There were 80 people there, including elders and children who, under threat of arrest, had to stand by while ENR officers searched their dwellings and seized belongings. It was a return to the colonial days and colonial ways. All of this was done without lawful authority. Now, the whole world is watching, and what we do next?
Mr. Speaker, there can be no excuse we need to make things right.
Yesterday, Chief Marlowe called for a formal apology from the Minister to the Lutselk'e First Nation and accountability from those who authorized this unlawful raid. The community is demanding the resignations of those who made this decision.
He is also asking for compensation on behalf of all of those who had their Charter rights violated and for a healing ceremony to help restore the relationship between the GNWT and the community.
Finally, Lutselk'e is also proposing a protocol for communication between the GNWT and the band council to ensure that there is proper communication about enforcement actions so that this situation will never happen again.
Mr. Speaker, the courts have said the search warrant was unlawful. This is the truth. Now we need reconciliation. I will have questions for the Minister of RWED at the appropriate time. Mahsi.
MR. SPEAKER:
Thank you, Mr. Speaker. Mr. Speaker, I was raised my entire life from elders, not just my grandparents but many elders in my community. I owe it to them to ensure that they age in place with dignity.
Mr. Speaker, increasing the number of longterm beds has been a discussion in this Legislative Assembly since we began, as well as in the past government. Since I have been elected, we went from 48 beds to 16, maybe 18, but most recently 20 beds.
Mr. Speaker, we are again reinitiating with a new number back in a planning stage.
Mr. Speaker, I do agree that the money spent to keep our elders home and in their communities is the best possible solution. But when that is not possible, where do they go? From my understanding there is a territorial application for longterm care and they may get a bed in their region but not their community. There may not be enough beds, So they are moved away from their home, their region, their family, their culture.
Mr. Speaker, what happens to those who are in between and cannot live alone but may not fit the criteria for longterm care or their needs are low and due to that cannot get a bed. We have home care and home support staff and some seniors are lucky if they have family Members who will help, but even this is difficult because family still have to go to work And home care staff can't stay for hours with one client.
Mr. Speaker, we have done some pilot programs in the Northwest Territories, like the Pay Caregiver, and I know some Indigenous government may fund this type of assistance as well, but it is not consistent through the territory which leaves some families struggling and our elders at risk. I have even heard the comment that they should have Jordan's Principle or Inuit Child First for seniors, for some of the elders.
Mr. Speaker, we have a priority for our seniors to age in place with dignity But if they have no where to have supported living, what dignity are we providing? I will have questions for the Minister of Health and Social Services. Thank you.
MR. SPEAKER:
Thank you, Mr. Speaker. Gloria Darlene Grossetete was born on November 22nd, 1971, in Fort Simpson. She passed away on March 7th, 2022, at the age of 51. It is never easy to say goodbye to someone who has been part of your life, especially a mother and sister. Darlene passed away approximately three plus weeks after her brother Ronnie passed away. The family lost two important people that they loved dearly. The passing of Darlene added to the hole in their hearts that Ronnie left.
Mr. Speaker, family and friends got together in Fort Simpson to celebrate Darlene's life and how she had impact on our lives and this is their way to honour her, because she did affect them in some way. It's not going to be easy to say goodbye.
At such a difficult time, it's important to remember the good memories we had of Darlene. By holding on to those memories, we can focus on the good times we had together and help each other find comfort in difficult times.
Darlene was always an honest person, a good listener, a good cook, and very generous with her time. In speaking with her daughter recently, she explained Darlene was about helping others, even sometime to a fault.
Mr. Speaker, it's hard to say goodbye to someone who has a big impact on their life. It's always hard to lose someone you know, to let go of her, and move on. By keeping those good memories in our hearts and minds, we can find comfort and Darlene will always be with us.
Darlene was predeceased by her parents and one brother. She leaves behind six children, four brothers, many nieces and nephews.
Mr. Speaker, the family would like to thank everyone for their support during their difficult time. She will be forever missed by the surviving family and friends. Thank you, Mr. Speaker.
Thank you, Mr. Speaker. I'd like to recognize Ms. Diane Bailes from Deline and would like to welcome her to our proceedings. Mahsi.
Thank you, Member for Sahtu. Recognition of visitors in the gallery. Member for Tu NedheWiilideh.
Thank you, Mr. Speaker. I'd like to recognize Iris Catholique. She's the management for Thaidene Nene from Lutselk'e Dene First Nation in the audience. And also Laura Michel, traditional knowledge activist for Lutselk'e Dene First Nation. And I'd like to recognize Paul Betsina, a band member and also from YKDFN. So mahsi, and welcome.
Mr. Speaker, your Standing Committee on Social Development is pleased to provide its report on Bill 48, Arbitration Act, and commends it to the House.
Bill 48, Arbitration Act, was referred to the Standing Committee on Social Development for review on March 30, 2022. A Plain Language Summary for Bill 48 was tabled on the same day.
Bill 48 proposes replacing the existing Northwest Territories Arbitration Act with a more modern law modelled after the Uniform Arbitration Act, known as the Model Act. The proposed new NWT arbitration governance includes updates on:
How to begin and conclude arbitration proceedings;
The composition of arbitral tribunals and the appointment and removal of arbitrators;
The jurisdiction of arbitral tribunals;
The matters of evidence and procedure, including the issuance of subpoenas and the giving of evidence by experts and other witnesses;
The granting of enforcement and interim measures and preliminary orders;
The making of arbitral awards and the awarding of costs;
The termination of arbitral proceedings;
The enforcement of arbitral awards, including awards made in the other jurisdictions in Canada;
Recourse against arbitral awards, including appeals; and
The confidentiality of arbitral proceedings.
The committee reviewed Bill 48 and accepted the new legislation without proposing changes. The committee did not receive any written or verbal submissions on Bill 48.
Mr. Speaker, through you I would like the pass the reading of this report to my colleague, the MLA for Great Slave. Thank you.
MR. SPEAKER:
Thank you, Mr. Speaker. Mr. Speaker, Bill 48, Arbitration Act. Bill 48 is based on the Uniform Arbitration Act of 2016, referred to as the Model Act in this report. The Model Act was prepared by the Uniform Law Conference of Canada, an organization promoting uniformity of legislation in Canada.
The goal of the Uniform Law Conference of Canada is that jurisdictions adopt uniform or model acts to harmonize laws across the country through various forms of enactment, with changes related to drafting style with substantially the same wording, with modifications, or in part. The perception is that the closer a jurisdiction adheres to the Model Act, the greater the harmonization of law will be among Canadian jurisdictions.
Previous national initiatives to align arbitration legislation reach back to the 1980s when Canada adopted the United Nations model law on international commercial arbitration. All Canadian jurisdictions except Quebec adopted the model law, including the NWT's International Commercial Arbitration Act.
In 2011, the Uniform Law Conference of Canada took on the task of reforming existing domestic arbitration legislation. This led to the development of the Model Act in 2016.
The policy goal of the domestic Model Act is to increase the consistency in arbitration legislation across the country. Arbitration legislation recognizes the choice to arbitrate as a choice to participate in alternative dispute resolution in substitution for court litigations. Choosing alternative dispute resolution was not intended to replicate court processes or to be a precursor to court proceedings.
Since the publication of the Model Act on December 1, 2016, British Columbia adopted its arbitration statute in 2020 based on the Model Act. Domestic legislation of other jurisdictions predates the Model Act. The NWT would be the second Canadian jurisdiction to adopt modern domestic arbitration legislation.
Bill 48 replaces the existing Arbitration Act (1988) and is more specific, with 76 sections (or 45 pages) compared to 41 sections (or 11 pages). Key changes in Bill 48 include the following subject areas.
Commencing Arbitral Proceedings: Bill 48 provides a clear procedure for starting proceedings, if not specified in the arbitration agreement;
Direct Evidence of Witnesses: Bill 48 requires that witnesses' direct evidence be written, unless otherwise agreed by the parties or directed by the arbitrator;
Interim Orders: Bill 48 provides a procedure for obtaining and enforcing interim measures and a specific procedure for obtaining preliminary orders without notice to other parties;
Appeals: Bill 48 provides the right of appeal to the Supreme Court of the Northwest Territories. It details where a Supreme Court decision cannot be appealed and where a decision of the Supreme Court may be further appealed to the Court of Appeal, for example, subsection 25(3) jurisdictional decision and awards, and that parties may opt out of appeal rights;
Confidentiality: Bill 48 expressly prohibits the disclosure of confidential information;
Expanded Powers and Duties of Arbitrators: Bill 48 provides that arbitrators must consider equitable rights and defences in addition to legal principles and gives express power to arbitrators to make cost awards where conduct has increased the costs;
Enforcing Arbitral Awards from other Canadian Jurisdictions: Bill 48 provides that parties may apply to the Northwest Territories Supreme Court to recognize and enforce arbitral awards made in another Canadian jurisdiction.
The committee noted that Bill 48 did not adopt all proposed wording of the Model Act. Considering that the purpose of the Model Act is to enable legislation in all jurisdictions to be alike, Members inquired with the Department of Justice, or "the department" on the reasons for the divergences.
After deliberating on multiple sections of Bill 48, the committee understands that the reasons leading to variation from the Model Act include NWT drafting preferences and circumstances and the adoption of several changes to the Model Act made by British Columbia when their legislature considered the Model Act.
And I will finally pass this over to the Member for Tu NedheWiilideh. Thank you.
Thank you, Member for Great Slave. Member for Tu NedheWiilideh.
All right, thank you.
Committee noted that the purpose clause contained in the Model Act was not implemented in Bill 48. Section 1 of the Model Act states the broad purpose of arbitration as an alternative to court proceedings, the principles that parties are free to agree on most procedural matters, and that courts should not intervene except as described in the legislation.
On the other hand, purpose clauses may express the intent of a statute and intend to bridge a gap between policy and law. On the other hand, inserting purpose clauses may have risks by raising expectations or creating ambiguities. Where wording is short, it may not provide enough clarity. Where wording differs from the wording in the body of the Act, it may expand judicial intervention.
Bill 48 expresses the purpose and principles of arbitration in the provisions, and the committee understands that it is unnecessary and undesirable to include a purpose clause.
Section 2 of the Model Act explains the meaning of words to remove ambiguity. The definitions for the words "award" and "give" were not adopted by Bill 48. An "award" in the Model Act means a final decision of an arbitral tribunal, and "give" is meant in relation to a record and includes the meaning to deliver or to serve.
The committee understands that not defining "award" allows case law to be applied rather than attempting to condense a large body of case law into what constitutes an "arbitral award." The province of British Columbia's arbitration legislation also does not define "award."
The committee recognizes that not defining "give" in Bill 48 is a drafting choice that aligns with the drafting styles followed by the Government of the Northwest Territories. Other sections of Bill 48 speak of "delivering" a notice rather than "giving" a notice and are consistent with other NWT legislation.
Bill 48 did not adopt section 4(2) of the Model Act. Section 4(1) of the Model Act allows parties to contract out of the nonmandatory provisions. Section 4(2) lists sixteen conditions that parties would not be permitted to remove or modify in an arbitration agreement.
The committee appreciates the Department's drafting of not mirroring section 4 of the Model Act. Instead, Bill 48 treats each provision independently and includes the words "unless otherwise agreed by parties" before any section that the parties may alter. This approach is considered to be "clearer" because it avoids the need to crossreference a list and flip back and forth through different sections in Bill 48. This decision also follows the approach taken in British Columbia.
The committee noted that reducing internal referencing contributes to the clarity of the legislation.
Mr. Speaker, I'd like to turn this over to MLA of Inuvik Twin Lakes. Mahsi.
Thank you, Member for Tu NedheWiilideh. Member for Inuvik Twin Lakes.
Paragraph 1(e) of Bill 48, permitting security for costs as an interim measure, was added to the definition of "interim measure" to clarify whether an arbitral tribunal may order security for costs. The committee welcomed this alteration to the Model Act and noted that British Columbia made this same alteration.
Bill 48 contains a section not provided in the Model Act. Section 3(5)(b) allows the executive committee to prescribe agreements to which the Act should not apply. This is limited to agreements entered into by the GNWT or the Government of Canada and a government of another jurisdiction. This provision is not found in the Model Act.
The committee deliberated on the type of arbitration agreements this exemption would address. The committee sought clarification from the Minister during its clausebyclause review of the bill.
The committee learned that certain agreements between provinces and territories might be exempt from Bill 48 because they would contain arbitration provisions and would not have the arbitration legislation from any jurisdiction apply. This exemption can be used for agreements between jurisdictions and includes national and international agreements.
The committee learned that the NWT is following British Columbia, which added this regulationmaking power to its arbitration legislation. The province enacted regulations prescribing several agreements exempted under this arbitration legislation, including multiple free trade agreements and the bid protest mechanism applied in the western provinces of Canada.
Committee members acknowledged that the NWT wants the flexibility to create regulations exempting certain agreements in appropriate cases.
The committee observed that Section 3(5)(b) of Bill 48 does not define "government of another jurisdiction." The committee noted that Indigenous governments were not specifically referenced, as they have been in other NWT legislation such as the Access to Information and Privacy Protection Act and the Mineral Resources Act.
The committee asked for clarification from the Minister on whether Indigenous governments could be included under "the government of another jurisdiction." The department confirmed that there would be no reason Indigenous governments could not be included. Committee members were satisfied with the response.
I now pass it to MLA for Monfwi. Thank you, Mr. Speaker.
Thank you, Member for Inuvik Twin Lakes. Member for Monfwi.
Thank you.
Section 61 of Bill 48 provides the right to appeal on questions of law directly to the courts unless their agreement expressly prohibits such appeals. This is different from the Model Act's section 65, which allows appeals only if the arbitration agreement provides for such appeals.
The Model Act assumed that appeals on questions of law would be permitted on an optin basis whereas in Bill 48 appeals are allowed unless the parties optout.
Committee members understand adopting the "optout" was a deliberate policy decision and that it follows the British Columbia legislation. The committee understands and accepts that this approach is an appropriate balance for the NWT.
Following the Model Act, Bill 48 proposes to be a law of general application. Committee members wanted to know if Bill 48 could apply to family law in the NWT.
The committee appreciates that the nature of Bill 48 is that it is more likely to be used in commercial matters; however, we note that arbitrations may, in the future, be a valuable way of dealing with family law matters. The committee understands that if the NWT were to proceed to use arbitration to address family law matters, consultation would occur with the family law bar, and specific arbitration provisions for family law may be desirable.
The department expects that Bill 48 will have applications outside of a commercial context. For example, it can be used in the context of labour arbitrations. Further, the department is aware that the Department of Finance is working on changes to the Public Service Act. Should it be considered that more specific default arbitration rules are necessary to respond to circumstances in the NWT concerning labour arbitrations, the committee understands that the Public Service Act could set out these rules. For example, British Columbia's labour relations code sets arbitration rules and makes the province's Arbitration Act inapplicable.
Committee members asked whether the department had engaged with professional mediators, arbitrators, or associations of mediators or arbitrators working in the NWT and industries such as construction, exploration, and mining. The Minister advised that the department had consulted with the Law Society of the Northwest Territories, the Canadian Bar Association, and the judiciary.
Mr. Speaker, I would like to pass this on to MLA from Kam Lake.
Thank you, Member for Monfwi. Member for Kam Lake.
Thank you, Mr. Speaker.
The clausebyclause review of Bill 48 was held on October 11, 2022.
Following the clausebyclause review, a motion was carried to report Bill 48, Arbitration Act, as ready for consideration in the Committee of the Whole. This concludes the Standing Committee on Social Development's review of Bill 48. Thank you, Mr. Speaker.
Thank you, Member for Kam Lake. Reports of standing and special committees. Member for Kam Lake.
Thank you, Mr. Speaker. I move, seconded by the Member for Great Slave, that the Standing Committee on Social Development Report on Bill 48, Arbitration Act, be received and adopted by the Assembly. Thank you, Mr. Speaker.
Member for Kam Lake.
Thank you very much, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Inuvik Twin Lakes, that the Standing Committee on Social Development Report on Bill 48, Arbitration Act, be received and adopted by the Assembly. Thank you, Mr. Speaker.
