EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
The standing committee anticipates that future annual reports of the Information and Privacy Commissioner to the Legislative Assembly will offer comment on the effectiveness of these provisions.
During the minister’s appearance, the standing committee raised a concern with respect to the issue of paramountcy.
The standing committee is pleased that the minister, as he indicated, is bringing forward an amendment to clarify that the Statistics Act will not prevail in the event of an inconsistency or conflict with any other enactment that governs the collection, use or disclosure of personal information.
This will provide an additional measure of comfort with respect to the public’s confidence that their sensitive personal information will be protected from improper disclosure.
The standing committee supports the bill as amended and reprinted, and is recommending passage to all members.
Before proceeding, I’d like to remind the members of the following, according to Rule 77(1), you have 10 minutes to speak. And according to Rule 77(2), subject to the discretion of the Chair, all the members can speak more than once on the matters under discussion, but only when all the members wishing to speak have already spoken.
Bill 8; you’ll find it in your legislation binder.
Bill 8, Statistics Act, reprint.
Committee Motion 007 – 2(3): Amendment to Clause 2 of Bill 08 – Statistics Act (Okalik)
Hon. Paul Okalik: Thank you, Mr. Chairman. I move that Bill 8, Statistics Act, be amended by renumbering clause 2 sub-clause 2(1) and adding the following after sub-clause 2(1): Paramountcy of other enactments, (2) this Act does not prevail in the event of any inconsistency or conflict with any other enactment that governs the collection, use or disclosure of personal information.
Clause 2 as amended.
Chairman: Clause 19.
Chairman: Clause 23.
Just a minute. Mr. Tootoo.
Just on that one, I would like to have an on-the-record response by the minister. Clause 23 states that at minister’s approval, it says that, “No prosecution shall be commenced under Section 20 to 22 without the consent of the minister.”
I was just wondering if I could get an explanation from the minister why no prosecution would take place regardless of whether there was a violation or not, unless the minister said so.
Hon. Paul Okalik: Thank you, Mr. Chairman. It would not be up to the minister to decide if the person broke the law or not.
The Act is quite clear that if a law is broken, then they are subject to penalty, and there may be more appropriate penalties for employees, for example, disciplinary measures for minor infractions.
So each case will have to be weighed carefully.
If there is an egregious breach, then of course, they will be prosecuted to the full extent, but each case is different on any given situation and we have to make sure that there’s some flexibility within the law to allow for the appropriate measures to be taken on any given situation.
Chairman: Clause 24.
Chairman: Thank you. Clause 25.
On Clause 25, that this Act will come into force after the information sharing or licensing agreement has expired. What about if it will not expire until 2012 or whatever?
Chairman (interpretation): Thank you, Mr. Arvaluk. Mr. Premier.
Those agreements will continue in force; I don’t know all of the details of any given agreements, but one can’t really change what’s been agreed to in the past. From the day that this Act comes into force, all of those other agreements will be governed by this Act.
Chairman (interpretation): Thank you, Mr. Premier. (interpretation) Clause 25.
Chairman: Clause 26.
Chairman: Does the committee agree to Bill 8 as amended?
Chairman: Thank you. Does the committee agree that Bill 8 is ready for third reading as amended?
Chairman: Thank you, very much. (interpretation) That’s done.
Thank you, Premier and your officials.
If you have any closing remarks, Mr. Premier.
Hon. Paul Okalik (interpretation): Thank you, Mr. Chairman. I would like to thank my officials, the committee members, and the members of this House, and we also had NTI helping us, as well as others such as the Information Commissioner, while we were drafting this Act. I would like to thank them all and thank the members.
Chairman (interpretation): Thank you, Premier, Mr. Walsh, and Mr. Tuckto.
We will now go to another agenda item. (interpretation ends) I would now like to ask the Minister of Justice to make his opening remarks.
Bill 16 – Family Abuse Intervention Act – Review in Committee
We have been drafting this for quite some time.
Like we said on November 20, family violence is not to be…and also what we have been talking about is...the statistics state that in the north, in Nunavut, abuse is four times as high as the provincial average.
It is sad to see that the violence is four times as high.
So in the spring session of the legislature, I introduced Bill 16, which I hope will be a positive tool in our struggle against abuse.
It is also sad to say that our elders who have already suffered much in their lives, and have had to make incredible adjustments and sacrifices, are now experiencing abuse in their own families.
This cannot be tolerated.
(interpretation ends) Children, too, are subjected to violence either by being personally abused, or by witnessing abuse against others, including violence between parents.
By allowing this situation to continue, we jeopardize their potential for development into healthy, productive adults, and future leaders. They are the ones who will care for us when we are no longer able to do so.
It is imperative that we teach them how to be caring members of society and that we lead by example.
In January of this year, the Violence Against Women Working Group, the Qulliit Status of Women’s Council, hosted the Inuqatigiitiarniq Symposium. More than 100 people participated in multi-day events resulting in many recommendations contained in the final report which I tabled before the Assembly earlier today.
This bill reflects all the OR2 Principals outlined in that report and will form the backbone on which to build a comprehensive strategy to combat family abuse in all its forms.
Based on strong and positive submissions from the Qulliit Status of Women’s Council, the Standing Committee Ajauqtiit suggested that the name of the bill be changed to the Family Abuse Intervention Act. This name captures our hope that immediate intervention will help to prevent future abuse in our families.
We must ensure that this proposed bill legislation becomes the helpful tool it is intended to be, and that it provides the necessary resources to help build safer, healthier homes and communities, which will be truly reflective of the values that have always made us strong.
I will be directing my staff to put together a plan to properly resource our communities and government programs that will be required for this legislation to be brought into force hopefully within the next year.
We also have an interdepartmental group actively working on an action plan for agency group work that I hope will work in unison with this legislation.
By passing this legislation, we will be taking a large step forward in supporting strong, healthy communities; communities in which our families, especially our women, children, and elders can live in a secure, nurturing environment, free from abuse and violence. This will improve the quality of life for all Nunavummiut.
Does the Chair of Standing Committees have opening comments?
The Standing Committee Ajauqtiit has reviewed Bill 16, the Family Abuse Intervention Act, with the sponsoring minister and his officials.
Many members have spoken passionately in this House with respect to concerns about the high rate of domestic violence in Nunavut. Recent statistics reveal that the rate of violence is significantly higher here than in the rest of Canada.
This legislation provides a mechanism for removing an abusive person from the home and obtaining other relief in circumstances where there is mental or emotional abuse or the potential for violence.
During its review of the bill, the standing committee moved a number of motions to amend certain clauses to reflect recommendations made by the Qulliit Nunavut Status of Women’s Council. Indeed, the first recommendation that the council made was to change the name of the legislation, which is reflected in the bill before members today.
The standing committee thanks the council for its valuable contributions to this process.
One of the issues that the council raised concerned the need for adequate resources to be provided to ensure that the provisions of the bill can be successfully implemented.
Although the committee and the government were of the view that this was more appropriately addressed through the government’s implementation plan, rather than through amendments to the statute, members will be attentive to this issue.
The legislation provides for the minister to table an annual report on the administration of the legislation.
Members look forward to reviewing the first annual report, as this will allow us to begin to evaluate the success of the legislation.
This legislation will provide significant powers to designated Justices of the Peace.
The committee stressed the need for JPs to receive adequate training in order to help them carry out the important roles that they will assume.
This concludes my opening comments; other members may have their own comments and questions as we proceed.
The standing committee recommends passage of this bill as amended.
Minister, do you have witnesses you would like to bring to the table? Minister.
Hon. Paul Okalik (interpretation): Yes, Mr Chairman, I would like my officials to accompany me.
Chairman: Thank you, Minister. Does the committee agree to bring in the witnesses?
Chairman: Thank you. Sergeant-at-Arms, can you assist the minister with his officials?
Minister, please introduce your witnesses. Minister.
On my right, I’m sure you all know him, is Markoosie Weber. And on my left is the drafter of bills, Thomas Druyan.
I welcome to the Chambers Mr. Weber and Mr. Druyan.
We are dealing with Bill 16; it’s in your white legislation binder.
Bill 16, Family Abuse Intervention Act, reprint.
Just for general comments on this before we get into the clauses.
I think our Premier, the Minister of Justice, pointed out and it has been particularly frightening, I think it’s a shameful reality that the rate of spousal violence against women in Nunavut is more than double the rate of any other territory, and four times as high as the provincial average.
I think that it’s high time that we try and do something to bring those numbers down.
As legislators, I think that we have a duty to try and do what we can to protect our constituents. I think that these; I call them these cowardly acts of violence, to me, regardless of excuses, it’s not acceptable and we need to really toughen things up to make sure that we can do what we can to protect those people.
I have three daughters; I never ever want to see them in a situation where they’re in an abuse situation.
I don’t know what I would do if I ever found out they were. As a parent, as a father, I have relatives, cousins that have been abused and beaten.
To me, that’s not acceptable. To me, that’s not showing anyone that they’re a man if they can beat up on a woman.
I really want that message to get out to the people out there and understand that it is not acceptable.
I know that a lot of the times there are incidents like this, alcohol is involved and people are saying, “Oh, no, I’m sorry, I was drunk.” And there seems to be some leniency in our judicial system because of the fact that someone was so intoxicated that they did things without knowing it. Well, you know what, if you’re driving a vehicle impaired and you kill someone, being drunk doesn’t count as an excuse.
I just want that message to go out there that I don’t believe that alcohol should be used as a crutch in any case.
From what I’ve seen, I’ve seen it over and over, over the years here in the papers and cases that are before the courts where the judges made the sentences and that and because it was alcohol-related, he’s sorry, and he doesn’t remember, or whatever, to me, it’s like setting a double standard. I don’t think that’s acceptable either.
If alcohol is not an excuse if you go out and kill someone, if you’re driving drunk and do the same thing, then in cases like this, it should not be tolerated as an excuse either.
I would really like to see legislation like this and look at the penalties down the road that those kinds of excuses not even be tolerated in the courts when dealing with cases like this, because that doesn’t help the scars that are with the individuals that are abused, they are with them for life. It’s with the kids that witness it for life.
There is a saying, “Show me an abuser that wasn’t abused.”
If kids see that and that traumatizes them, then there’s a strong likelihood that they’re going to continue and do that.
When they get frustrated, when they get drunk, they’re going to say, “Well, it was okay for it to happen then, it must be the way things are.” That’s not right.
We need to send a very strong message out there that this kind of action, in any way, shape, or form will not be tolerated. I think that instead of being lenient in some cases, for whatever reason, the full extent of the law be pursued and put down on people that do that.
I support this bill 100 percent and I am glad that it’s coming into play now and I wish it would have been there a while ago. This is the first step and a strong message that we as legislators need to send a message out there to the people of Nunavut that it’s time for a change.
Only by speaking up and saying and actually doing things like that, that we can affect that change. It is not going to happen if we say, “its okay.
This guy I know he did that for whatever reason.” Pretending it’s okay, or pretending it’s not there is not going to change.
Again, the frightening reality of the rate of spousal violence...that’s shameful, I’m embarrassed by that.
It’s not going to change unless we acknowledge the fact that it is there that it’s bad and deal with it accordingly.
That’s all I have to say on that.
I am in full support of the bill, as it is.
I thank the minister and his officials for appearing today and introducing Bill 16.
I’d like to thank the minister for introducing this bill. It is long overdue.
I have been involved in Cambridge Bay for many, many years working with people who have suffered at the hands of abuse; children, and women, and some men, there are some men.
Abuse is tearing our communities apart and this is a tool that will help to bring families and communities back together.
I have to remind myself, as the minister mentioned, it is a tool; it’s not going to be the cure, but it is a tool. The communities are going to need more resources to provide for counsellors, we’re going to need more housing.
The Minister of the Housing Corporation is well aware of that; we’re going to need more funding for groups like the Qulliit Status Women’s Council, so they can carry out their important work. All the government departments are going to have to work together. I know this for a fact; the hamlets will work together with the government because it’s happening in their communities.
I don’t think there’s a mayor, or councillor anywhere in Nunavut who won’t welcome this legislation.
It is something that is long overdue.
I think it is a tool that is going to give us another thing to help the people in our communities. We have to remember it is not going to cure a lot of these things that have developed over the years. We’re not going to eradicate it overnight, it may take us years and decades ahead, but I think the people of Nunavut are going to be pleased with this bill.
I think the people I work with, the victims of the crimes, will be extremely happy to have this.
And I support the bill wholeheartedly. I thank the minister for introducing it.
Mr. Kattuk (interpretation): Thank you, Mr. Chairman, and Minister.
I just want to say a brief comment. I support this bill 100 percent for the fact that my colleague, as he mentioned, that too many are abused, especially women, older people, and children.
This destroys the families and I fully support this bill.
Maybe I should mention first; I am very proud to have parents because my father never laid a hand on my mother, or on me, or on my siblings, or by anybody else, but I have only been abused when I was small, I was trying to have a cigarette, so it was just to discipline me.
As an older generation, we were disciplined in a harsh way because that’s the way Inuit used to discipline their children.
It was not abuse, it was maybe a spank and we know that they even use weapons or rifles to scare their spouses.
I am very proud that this bill is being introduced and the Justice of the Peace in the communities will have to really understand this bill, and it would be very appropriate if those JPs can be oriented on this bill as soon as possible.
Mr. Alagalak (interpretation): Thank you, Mr. Chairman. And thank you very much Premier, for introducing this bill, it makes good sense.
I’m hopeful that things will fall in place and this bill, there will be a lot of people who will notice but for those people who use alcohol as an excuse, alcohol creates problems like abuse towards the women or separation between the couple.
A lot of times they think they’re so powerful once they become intoxicated, even in communities that are prohibited, where alcohol is prohibited. If there is an incident and then they go to court, they have already broken the community law which is where there is no alcohol allowed and there should be charges on top of that for breaking the law and after the incidents they separate and they use that as an excuse.
When their children are a little bit bigger where they can understand a bit they are hurting too and they will be affected for the rest of their lives and they will be in pain if their parents don’t get back. According to Inuit Qaujimajatuqangit, this is not the practice.
I think what is lacking there is whether we should look at how those children are affected because they will be affected and they will be in pain for the rest of their lives.
Yes, this is a very good tool and it will have an impact, but I think in Nunavut maybe less than five percent know about legislation.
Because the way we were brought up, we were told by our parents and what our children are being taught today is that according to law, but forgetting our traditional values and this has to be known once it’s passed because this will be our tool and maybe if we make it known, there will be a decrease in violence.
Chairman (interpretation): Thank you, Mr. Alagalak. At this time I don’t have any more names on my list.
We are dealing with Bill 16, Family Abuse Intervention Act, reprint.
Chairman (interpretation): Thank you. Page 2.
Chairman: Page 4.
Chairman: Clause 25.
Chairman: Clause 27.
Chairman: Clause 36.
Chairman: Clause 37.
Chairman: Clause 38.
Chairman: Clause 39.
Chairman: Clause 40.
Chairman: Clause 41.
Chairman: Clause 42.
Chairman: Clause 43.
Chairman: Clause 44.
Chairman: Clause 45.
Chairman: Clause 46.
Chairman: Clause 48.
Chairman: Clause 49.
Chairman: Clause 50.
Chairman: Clause 51.
Chairman: Clause 52.
Chairman: Clause 53.
Chairman: Clause 54.
Chairman: Does the committee agree to Bill 16 as a whole?
Chairman: Does the committee agree that Bill 16 is ready for third reading?
Chairman: Thank you, Committee. Thank you, Mr. Premier, Mr. Weber, and Mr. Druyan.
Mr. Premier, do you have closing remarks? Mr. Premier.
Hon. Paul Okalik (interpretation): Thank you, Mr. Chairman. I would also like to thank my colleagues for this bill. Thank you, very much, for your participation.
I would like to thank the various departments who helped us. I would especially like to thank the Qulliit Status of Women Council, who pushed the government to get this bill.
It is not going to be enacted right away, but we do know what the bill is going to be like. We are going to start preparing to see how it’s going to be implemented and we’re going to be looking at the funds to make sure that it gets off the ground.
Thank you, very much, for approving this bill.
Chairman (interpretation): Thank you, Mr. Premier. I would also like to thank Kathy Hanson and the Status of Women’s Council.
We will take a supper break.
We will take a half an hour break.
Thank you. We will return.
>>Committee recessed at 18:03 and resumed at 18:40
Chairman (interpretation): We shall resume. (interpretation ends) The next items we’re dealing with are Bills 23, 24, and 25.
I would like to ask the Minister Simailak for the Department of Finance to make his opening remarks.
Bill 23 – Supplementary Appropriation (Operations & Maintenance) Act #4, 2005-06 – Review in Committee
Bill 24 – Supplementary Appropriation (Operations & Maintenance) Act #2, 2006-07 – Review in Committee
Bill 25 – Supplementary Appropriation (Capital) Act #2, 2006-07 – Review in Committee
Hon. David Simailak: Opening comments on all three supp-bills.
I am pleased to appear before the committee members to speak to Supplementary Appropriation Bills 23, 24, and 25.
Bill 23 is the 2005-06 Supplementary Appropriation (Operations and Maintenance) #4.
This supplementary appropriation is required to provide funding of $3,779,000 to the Department of Health and Social Services over-expenditures in the 2005-06 fiscal year.
Bill 24 is the 2006-07 Supplementary Appropriation (Operations and Maintenance) #2.
This supplementary appropriation will provide funding of $17,537,000 for such items as the following:
Impact of fuel and power rate increases
Grants to daycare centres
Wait time reduction initiatives
Hiring and mentoring of Nunavut Arctic College nursing graduates
Bill 25 is the 2006-07 Supplementary Appropriation (Capital) #2.
This supplementary appropriation will provide funding of $7,596,000 to purchase diagnostic, medical and dental equipment and to construct public housing units under the Nunavut Housing Trust Initiative.
Mr. Chairman, I would be pleased to answer questions from committee members pertaining to these Supplementary Appropriations Bills.
Before I do that I would like to move a motion.
Committee Motion 008 – 2(3): Amendment to Schedule of Bill 23 – Supplementary Appropriation (Operations & Maintenance) Act #4, 2005-06(Simailak)
I move that the schedule to Bill 23, Supplementary Appropriation (Operations and Maintenance) Act #4, 2005-06, I move that the schedule to the bill be amended by striking out $3,797,000 wherever it appears and substituting $3,779,000.
Question has been called. All those in favour of the motion, please raise your hands.
Minister Simailak, do you have witnesses that you would like to bring to the witness table?
Chairman (interpretation): Thank you. Sergeant-at-Arms, if you would escort the witnesses, please.
(interpretation ends) For the record, minister, please introduce your witnesses.
I have Mr. Peter Ma, and Rosemary Keenainak.
We’re dealing with Bill 23, Supplementary Appropriation (Operations and Maintenance) Act #4, 2005-06.
Operations and Maintenance Appropriation. $3,797,000.
We’re on Page 2.
Go to Page 4.
Page 4, Health and Social Services.
Various as Amended. $3,779,000.
I know this came as a surprise to a lot of us, as last spring after May or something, we met with the senior government officials and the Auditor General going over her report and at that time senior government officials indicated that they were anticipating no departments going into a deficit this year. I said, finally, how many times have we hoped for that?
And here this is almost $4,000,000 deficit for your department.
I was just wondering if the minister could explain what led to that and why at that time when we were reviewing that report that they didn’t think that they were going to be in this situation.
The Department of Finance was advised by Health and Social Services on May the 12th that they were going to go into a deficit.
Mr. Tootoo: Thank you, Mr. Chairman. It says here that this is for Departmental Operations. Can the minister indicate exactly where those over-expenditures occurred?