EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
adding the following after Sub-Clause 2, warrants provisions confirmed, 3, nothing in this Section authorizes the superintendents to exempt conservation officers from complying with the provisions of this Act respecting the need to obtain a warrant to search or seize anything or place.
Mr. Chairman, we understand the intent of this Section is to exempt conservation officers and others from the application of the Act while carrying out an undercover investigation.
This Motion will not allow them to be exempt from the provisions of the Act, which require them to obtain a search warrant to search premises.
Chairman (interpretation): There is a Motion on the Floor. To the Motion.
There is a call for a vote to the Motion.
In those in favour. Opposed. Carried.
Officers Exempted. Clause 207. Agreed?
Chairman (interpretation): Thank you. Power to Administer Oaths. Clause 208.
Chairman (interpretation): Inspection. Clause 209. Agreed?
Committee Motion 024 – 1(6): Clause 209 of Bill 35 of the Wildlife Act be Amended
I move that Clause 209 of Bill 35 be amended by striking out sub-clause 209(1) and substituting the following.
Inspections 209.
For the purpose of insuring compliance with any provision of this act, the regulations or in order under this act a conservation officer may at any reasonable time (a) inspect any wildlife, firearms, license, eggs, documents, or other thing used obtained in connection with a wildlife related activity or regulated on this act.
These enter and inspect any place that the conservation officer has reason to believe is used in the connection with a wildlife related activity.
Mr. Chair, section 209 allows conservation officers to inspect premises and places to ensure compliance with the Act.
This motion provides that before such an inspection can be done, the conservation officer must have reason to believe that those places are connected to the wildlife related activity.
This motion states that the conservation officer may enter and inspect any place, what does this mean?
Is that for the Nunavummiut or just mainly the harvesters?
Mr. McLean: I’ll let the law clerk answer that.
Ms. Cooper: Thank you, Mr. Chairman. The section applies to all people in Nunavut.
The concern that the committee had with respect to this section as drafted was that it wasn’t clear the inspection had to relate to places or things that were connected to a wildlife related activity.
So, perhaps the extreme example that I used was if I were driving my vehicle to the Frobisher Inn to have dinner, there was nothing that clearly stopped a conservation officer from stopping me and searching my vehicle to ensure that I was complying with the wildlife act.
So, the intent of the motion, to make it clear that the conservation officer has to have some basis for believing that the person is engaged in wildlife related activity before they can stop them to do an inspection.
So, for example, if you’re out on the land where people often go to hunt and you have a qamutik and you have a rifle, there would be reason to believe that you are in fact out hunting and engaged in an activity which regulated by the Act and that would give the officer grounds to stop and inspect your qamutik and your sled.
That will have a great impact on us hunters.
The hunter, if he was approached and was thought to have committed an offence by this conservation officer, how then will you spread the information on this matter to ensure the hunters are aware of their rights and there is a high turn-over of wildlife officers in the communities and what has been considered in ensuring this information got out.
I hope I understand the question correctly.
There are two different types of search provisions under the Act (1) is for the purpose of inspection (2) one is for the purpose of investigating an offence under the Act and they have different standards.
So, a conservation officer who is searching your qamutik or your sled under the inspection provision of the Act would not have to have reason to believe that you had actually committed an offence under the Act.
He would only have to have reason to believe that you are engaged in the activity of hunting and that would give him the authority to search your vehicle or your qamutik or your, I am sorry, if the Member is asking how this information will get to members of the public, I do not think I am able to answer that question.
Just to confirm what the law clerk just said, this is only an inspection power.
So, it is power not to conduct a real search of the person of the kamotik, but just to inspect to make sure that they have got the right firearm that the wildlife has been harvested its tag that is required or if they have a license, if they need it to go hunting.
So, if there is a belief that there has actually been an offence committed, then that is another section which we will get to shortly.
But this is just an inspection power, the same way that if you are driving and an officer stops to just look at your license.
Chairman (interpretation): Does that clear it up?
Is it understood?
Clause 209, Inspections. As amended.
Chairman (interpretation): Clause 210. Searches. Agreed?
Chairman (interpretation): Warrant. Clause 211, Ms. Williams.
Under Clause 210, correct me if I am wrong, Mr. Chairman.
I think we are talking about offences here and can the Minister clarify that we have a very capable Minister of Justice who has set up Community Justice Committees in every community.
Before, when the offence took place before the accused is taken to justice of the peace or the judge, is there any allowance or any way for this person to go before the Justice Committee or Hunters and Trappers Organization of the community?
Can the Minister elaborate on how this would take, what procedure, what practises would be taking place in the community and when the offence took place?
Thank you, Mr. Speaker, oh, Mr. Chairman.
Chairman: Mr. Pinksen.
We have, included in the Bill, provisions for alternative measures as an alternative to, to courts.
That Section is coming up in Section 241 and it is a, it is something very new to us in wildlife.
We have not proposed to use the Community Justice Committees specifically because it has been explained to us that they were intended for criminal matters and not regulatory matters, but we do have the option open of either creating or approaching a Committee to undertake wildlife alternative measures programs.
Chairman (interpretation): There is a Motion.
Clause 210,. Agreed?
Chairman (interpretation): Clause 211, Mr. McLean.
Committee Motion 025 – 1(6): Clause 211.1 Be Added to Bill 35 – Wildlife Act
I move that the following Clause be added to Bill 35 after Clause 211.
Other warrants, Clause 211 (1) where a warrant is required by Section 93 or 209 in respect of a dwelling, the warrant may be issued in accordance with Sections 211 and 215 which such modification as circumstances require if the justice of the peace or judge is satisfied by information on oath that
(a) the entry, search or seizure is justified because an offence under this Act has
been committed and there are reasonable and probable grounds for believing  that 1. in respect of a warrant as required by Section 93, dangerous wildlife is or may be attracted to the dwelling or in respect of warrant required by Section 209, it is necessary for the purpose of ensuring compliance with any provision of this Act, the regulation in an order under this Act and,
(b) the occupant or person in charge of the place or thing does not consent, or there are reasonable and probable grounds for believing that consent will be refused.
On that issue, you have to be patient with me, I am not the lawyer here.
Section 211, Section 93 permits a Conservation Officer to enter premises if there was a reason to believe that dangerous animals may be attracted to the premises.
Section 209 permits a Conservation Officer to enter a dwelling for inspection purposes.
These powers can only be exercised in relation to dwellings under the authority of a warrant.
This amendment sets out the criteria to be considered by a Justice of the Peace when issues such a search warrant.
This is a question. 211 As amended.
Chairman (interpretation): The Motion is carried.
Clause 212.
Chairman (interpretation): Clause 213.
Chairman (interpretation): Assistance of Other Persons.
Clause 214.
Chairman (interpretation): Telewarrants.
Clause 215.
I do not even understand this Clause myself so I was wondering if it could be explained or clarified?
Does it mean disputes?
Telewarrants.
Because we have made it more difficult to enter dwellings, under this Act, and under the current legislation, because dwelling has been expanded to include tents, and so on.
A warrant is required when someone is out on the land, or at least away from a court.
We put in a procedure, a Telewarrants, which is another legislation to be able to phone or fax a Justice of the Peace, or a Judge to get the warrant, so you do not have to appear in person.
So this is the procedure taken from out of the legislation for that application to a Justice of the Peace for a warrant, so a telephone or a fax. Thank you.
Chairman (interpretation): Formalities Respecting Warrants and Facsimiles.
Clause 216.
Chairman (interpretation): Receipt for Things Seized.
Clause 217.
Chairman (interpretation): Disposition.
Clause 218.
Chairman (interpretation): Application for Investigation.
Clause 219.
Chairman (interpretation): Offence.
Clause 220.
Chairman (interpretation): Penalties.
Clause 221.
Chairman (interpretation): Sentencing Considerations.
Clause 222.
Chairman (interpretation): Fines Cumulative.
Clause 223.
Chairman (interpretation): Failure to pay fine.
Clause 224.
Chairman (interpretation): Forfeiture.
Clause 225.
Mr. Iqaqrialu (interpretation): Forfeiture.
I need clarification on that too.
I will allow Mr. Orr to respond.
Mr. Orr: Thank you.
This means that if wildlife was harvested illegally, that the judge has to say where it’s going to go.
He has to make a decision about what happens to the wildlife.
And in normal cases it would be forfeited to the Government of Nunavut.
Chairman (interpretation): Application by persons claiming interest.
Clause 220, I’m sorry I missed a clause. Application by persons claiming interest.
Clause 226.
Chairman (interpretation): Liability for costs.
Clause 227.
Chairman (interpretation): Orders of Forfeiture. Clause 228.
Chairman (interpretation): Other Orders.
Clause 229.
Chairman (interpretation): Application to Vary Sentencing.
Clause 230.
Chairman (interpretation): Suspended sentence.
Clause 231.
Committee Motion 026 – 1(6): Clause 232 of Bill 35 be Amended by Striking out “Superintendent” and Substituting it with “Minister” Wherever it Appears
Under clause 232, the powers are pretty powerful and they seem to be very broad.
So, the Minister usually has the jurisdictions.
I would not want the superintendent to do that.
I prefer the Minister to hold that position.
I move a motion to make an amendment on that.
Mr. Iqaqrialu (interpretation): Although I like the Premier’s motion, we don’t have a copy of the motion.
Chairman (interpretation): Limitation Period.
Clause 232.
Is amended.
Liability for Employees or Agents.
Clause 233.
Chairman (interpretation): Due Diligence.
Clause 234.
Chairman (interpretation): Proof of Residence.
Clause 235.
Chairman (interpretation): Wildlife Harvested in Nunavut. Clause 236.
Chairman (interpretation): Presumption of Harvesting, Presumption of Not harvesting.
Clause 237.
Mr. Puqiqnak (interpretation): Mr. Chairman, the Inuktitut translation, I am a bit leery of not understanding that Inuktitut version of it.
I need clarification on that because although, perhaps on the English version, you can understand the English version.
I do not understand the terminology Kangiigijaaqarniq presumption.
So, I need explanation on that, please.
I am not too sure if it is written properly in Inuktitut or not.
So, therefore I need explanation on that.
Chairman (interpretation): Presumption of not harvesting.
Hon. Olayuk Akesuk (interpretation): Mr. Orr will respond to that question.
I cannot presume to interpret the Inuktitut version, but the intent of the provision is that if a person is out on the land and has no weapons or if they have a weapon, if it is sealed, then it is assumed that they are not harvesting.
So, and, but if you are, if you are carrying a weapon out on the land and you have a trap set out in the land, then you are presumed to be harvesting and then right up at Subsection 3, it talks about that.
If you are, if wildlife is found in your possession of a certain area, it is assumed that wildlife came from that area.
The last provision is that if the weapon is sealed, you are presumed not to be harvesting.
This explains the cases of what sealed weapon means.
Chairman (interpretation): In Inuktitut, it seems to be an improper translation and the responder does not speak Inuktitut at all.
So, Mr. Puqiqnak wanted a clarification on the Inuktitut version.
I will allow Mr. Akesuk to respond first and then allow you to ask another question.
Perhaps if the wildlife director would like to respond, if you would allow, Mr. Chairman, if Mr. Tigullagaq come to the Witness Table to make an explanation.
Mr. Nutarak (interpretation): I just wanted to raise my hand ahead of time.
So, I will ask my question little bit later on.
Chairman (interpretation): Welcome, Mr. Tigullagaq.
Mr. Tigullagaq.
Mr. Tigullagaq (interpretation): Yes, what it is trying to say is that if you presume, perhaps there are slight dialectal differences.
We are talking about presumption here.
As Patrick Orr stated, according to what he has stated if a hunter or harvester is there with a sealed weapon, then they could presume he is not harvesting.
Perhaps, it is the presumption translation that there is a misunderstanding about it.
Chairman (interpretation): Yes, if we need to correct the Inuktitut version.
Consumption of not harvesting in Inuktitut does not make too much sense.
You can presume to be not harvesting?
Perhaps I will talk in my dialect.
I do not know if you could be able to understand that.
The individual who is out harvesting, the way I understand it, is that they presume that he did not successfully harvest the wildlife.
Mr. Puqiqnak (interpretation): Mr. Chairman, yes, I understand that clearly, but the way it is written in Inuktitut, since we have dialectal differences, Baffin and the other regions, perhaps they could work together. Would you be able to make a few changes, even after the Bill has been passed?
Chairman (interpretation): Presumption of not harvesting. Clause 237.
Mr. Nutarak (interpretation): The Inuktitut version, while the Inuit Qaujimajatuqangit Coordinator is here, I would like to say to the Minister of the Department of Sustainable Development.
I was wondering if they could review the translations in Inuktitut after the passage of this Bill to make sure that every translation is correct?
Chairman (interpretation): He said yes.
Presumption of Not Harvesting. Clause 237 Agreed?
Chairman (interpretation): Deemed possession.
Clause 238. Agreed?
Chairman (interpretation): Certificate Evidence and Presumptions.
Clause 239. Agreed?
Chairman (interpretation): Presumption of time of season.
Clause 240. Agreed?
Chairman (interpretation): Alternative Measure.
Clause 241. Agreed?
Chairman (interpretation): No Bar to Proceedings.
Clause 242. Agreed?
Chairman (interpretation): Repeal.
Clause 243. Agreed?
Chairman (interpretation): Existing quotas.
Clause 244. Agreed?
Chairman (interpretation): General Hunting Licenses.
Clause 245. Agreed?
Clause 244. Mr. Iqaqrialu.
Mr. Iqaqrialu (interpretation): You made a mistake, Mr. Chairman, with a Clause number. 244.
General Hunting Licenses. 244 is General Hunting Licenses, you were saying 245 so I just do not want it to have the wrong Clause in the Hansard. 244 is under General Hunting License, it is not 245.
For the record, you made a mistake in the Clause number.
Chairman (interpretation): General Hunting Licenses is 245. Minister Akesuk.
We have amended clauses here that have been handed out.
I don’t know what copy you have.
You can get this copy here which has been amended.
Do you have an amended copy of the Bill?
Chairman (interpretation): You almost approved the old version.
I have a copy of the older version, older draft.
General hunting licence.
Clause 244.
Chairman (interpretation): Clause 245.
Wildlife Sanctuaries.
Chairman (interpretation): Wildlife Officers.
Clause 246.
Chairman (interpretation): Existing Hunters and Trappers Organization.
Clause 247.
Chairman (interpretation): Dissolution of Boards of Trustees.
Clause 248.
Chairman (interpretation): Do you agree with Clause 249.
Chairman (interpretation): Environmental Protection Act.
Clause 250.
Chairman (interpretation): Clause 251.
Forrest Management Act.
We have no forrests here.
Clause 251.
Chairman (interpretation): Clause 252.
Chairman (interpretation): Territorial Parks.
Clause 253.
Chairman (interpretation): Travel and Tourism Act.
Clause 254.
Chairman (interpretation): Commencement.
Clause 255.
Chairman (interpretation): Would you like to go home now?
Does the committee agree that Bill 35 was amended?
Do you agree that Bill 35 is ready for third reading.
I know that we’ve been working on this Bill for a long time.
I thank you for passing it through the Legislative Assembly and I’m very pleased with it because it took so long to deal with this.
I would also like to thank NTI, NWMB, and all the community HTO’s of Nunavut and also the wildlife officers for working hard on that.
And I would like thank the individuals who are sitting here, our elders for participating during the drafting of the Bill and they have worked very hard in assisting us.
We have to thank these individuals, and also Mr. McLean as the Chairperson for the standing committee.
They worked very hard to make sure that this Bill goes through and I thank the standing committee and the Chairperson and also all the staff because they have worked behind the scenes for a very long time and they have worked very hard and I would also like to thank Nunavummiut for supporting us and also thank my Colleagues, thank you.
Chairman (interpretation): Thank you, very much for making the appearance in Committee of the Whole and I would also like to thank the people, the elders, Abraham Aapak and the Keewatin representatives.
Chairman (interpretation): All those in favour, carried.
Speaker: Returning to Orders of the Day, Item 20.
Report of the Committee of the Whole, Mr. Chairman, Mr. Irqittuq.
Chairman (interpretation): Mr. Speaker, thank you.
And we are very pleased that I am going to be making a report.
Your Committee has been considering Bill 35 and would like to report that Bill 35 is immediately ready for Third Reading as amended and Mr. Speaker, I move that the report of the Committee of the Whole be concurred with.
Speaker: There is a Motion on the Floor, is there a Seconder for the Motion?
Mr. Akesuk will second the Motion.
The Motion is in order, all those in favour, all those opposed, the Motion is carried.
Bill 35 – The Wildlife Act – Third Reading
This happy day, we have been deliberating on this Bill for three days.
(interpretation ends): I move, seconded by the Honourable Member for Iqaluit West, that Bill 35 be read for the third time.
The Wildlife Act.
The Motion is carried, and the Bill has had Third Reading.
Congratulations, Minister Akesuk.
Bill 49 - An Act to Amend the Safety Act – Third Reading
I move, seconded by the Honourable Member for Rankin South and Whale Cove, that Bill 49, an Act to Amend the Safety Act, be read for the third time.
The Motion is carried, and Bill 49 has had Third Reading.
Third Reading of Bill.
Orders for the day for Friday, December 5th:
Bill 53
Bill 54
This House stands adjourned until Friday, December 5th, at 10:00 am. 10:10.
>>Session adjourned at 20:52 p.m.  Nunavut Canada
DAY 73
Friday December 5, 2003
Pages 4924 – 4980
Consideration in the Committee of the Whole of Bill and other Matters 4071
Assent 4071
Friday December 5, 2003 4071
247 – 1(6): Premier Absent from the House (Akesuk) 4071
248 – 1(6): Climate Change (Akesuk) 4071
249 – 1(6): Telehealth Improves Professional Development (Picco) 4071
775 – 1(6): Recognition of Josie Inuaraq (Iqaqrialu) 4071
776 – 1(6): Education System in Nunavut (Tootoo) 4071
777 – 1(6): Congratulate Armand and Susie Angutialuk – 50th Anniversary (Netser) 4071
778 – 1(6): Inuit Employment Strategy in Nunavut (Havioyak) 4071
779 – 1(6): Member of the Legislative Assembly in the Last Five Years (Puqiqnak) 4071
780 – 1(6): Thank Constituents in the Last Five Years as Member of the Legislative Assembly (Kilabuk) 4071
781 – 1(6): Progress of the Legislative Assembly (Anawak) 4071
782 – 1(6): Gratitude to the Members of the Legislative Assembly (Alakannuark) 4071
783 – 1(6): Thanks Family and Constituents for Support as a Member of the Legislative Assembly (Williams) 4071
784 – 1(6): Thanks Constituents, Family and Members of the Legislative Assembly for Support as a Member (Nutarak) 4071
785 – 1(6): Thanks Everyone for the Last Five Years (McLean) 4071
786 – 1(6): 1st Assembly Activities (Irqittuq) 4071
787 – 1(6): Progress In Sanikiluaq (Kattuk) 4071
788 – 1(6): Happy To Have Served As a Member of the Legislative Assembly (Ng) 4071
789 – 1(6): Thanks Constituents and Everyone for Support as Member of the Legislative Assembly (Akesuk) 4071
790 – 1(6): Reflecting As an MLA on the Last Five Years (Picco) 4071
791 – 1(6): Reflecting Nunavut’s Progress (Thompson) 4071
792 – 1(6): Concerns Ahead for Nunavut (Tootoo) 4071
006 – 1(6): (Irqittuq) 4071
011 - 1(6): Skyward Aviation (Netser) 4071
177 – 1(6): Workforce Profile March 31, 2003 (Thompson) 4071
178 – 1(6): Annual Report of the Language Commissioner of Nunavut 2002/2003 (Speaker) 4071
Bill 50 – Interim Appropriation Act April 1st to June 30th 2004 – Third Reading 4071
Bill 51 – Supplementary Appropriation (Capital) Act No. 3, 2003/2004 – Third Reading 4071
Bill 52 – Supplementary Appropriation (Operations and Maintenance) Act No. 2, 2003/2004 – Third Reading 4071
Bill 53 – Write Off of Assets and Debts Act 2003/2004 – Third Reading 4071
Bill 54 – An Act to Amend the Access to Information and Protection of Privacy Act – Third Reading 4071
Bill 35 – Wildlife Act – Assent 4071
Bill 49 – An Act to Amend the Safety Act – Assent 4071
Bill 50 – Interim Appropriation Act, April 1 – June 30, 2004 – Assent 4071
Bill 51 – Supplementary Appropriation (Capital) Act, No. 3, 2003/2004 – Assent 4071
Bill 52 – Supplementary Appropriation (Operations and Maintenance) Act, No. 2, 2003/2004 – Assent 4071
Bill 53 – Write-off Assets and Debts Act, 2003/2004 – Assent 4071
Bill 54 - An Act to Amend the Access to Information and Protection of Privacy Act (Change of Precedence) - Assent 4071
Honourable Olayuk Akesuk, Mr. Ovide Alakannuark, Mr. Jack Anawak, Mr. Donald Havioyak, Mr. David Iqaqrialu, Mr. Enoki Irqittuq, Honourable Peter Kattuk, Honourable Peter Kilabuk, Mr. Glenn McLean, Mr. Patterk Netser, Honourable Kelvin Ng, Mr. Jobie Nutarak, Honourable Kevin O’Brien, Honourable Ed Picco, Mr. Uriash Puqiqnak, Honourable Manitok Thompson, Mr. Hunter Tootoo, Ms. Rebekah Williams.
Speaker: I would like to call on Ms. Thompson to say the prayer.
Minister’s Statement 247 – 1(6): Premier Absent from the House
Mr. Speaker, I would like to inform you that our Government Leader will not be here today.
Hon. Olayuk Akesuk: I am seeking unanimous consent to go back to Item 2.
Speaker: The Member is seeking unanimous consent to go back to Item 2.
Minister’s Statement 248 – 1(6): Climate Change
Mr. Speaker, I wish to share with Members of this House the substantial progress that we have made to address climate change issues in Nunavut.
On October 31, 2003, Energy Minister, Ed Picco and I signed a memorandum of understanding on climate change with the Federal Government.
With this signing, Nunavut made history as the first jurisdiction in Canada to sign a Cooperation and Coordination an MOU with the Environment Minister Anderson and Natural Resources Minister Daliwall.
This agreement affirms our commitment to cooperate with our federal partners to reduce greenhouse gas emissions.
Our own Nunavut climate change was also publicly released on October 31.