EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
If this provision or the reference to sexual orientation is removed from the Act as a prohibited ground of discrimination, the courts will read it in and that is pursuant to a Supreme Court of Canada case from 1998, in which their true orientation was read into similar Legislation in Alberta that did not include sexual orientation.
So, the Bill will pass, but if challenged in the courts, the courts will definitely read sexual orientation in as prohibited grounds of discrimination.
If the Bill does not pass, we are left with the status quo, which is the Fair Practises Act and the Canadian Human Rights Act, which applies to human rights issues that arise in the context of Federal operations in Nunavut.
And it is my view as well that this Fair Practises Act if challenged, would also be subject to a successful Charter Challenge and sexual orientation could be read into that Act as well.
Chairman: McLean.
Mr. McLean: I am not a lawyer, I do not protest to be one.
So, what you are saying effectively, if we strike this word out, the Federal Government’s Legislation will overrule this if somebody challenges it?
Is that how I understand it?
I am pretty tired right now, too.
What I am saying is, if it is struck out, the courts will read it into the definitions, read the section as if sexual orientation were in that section.
Mr. Nutarak (interpretation): Our Premier had stated that because of the creation of Nunavut, that we can enact our own laws and apparently we do not have that authority to enact our own laws.
We have limitations as to what authorities and jurisdictions we have and so we are just trying to take on further responsibilities and new jurisdictions so that we can set up our own made-in-Nunavut Legislation and set up our own tribunal.
When the Queen was in town, when was that?
Do we answer to the Queen as Nunavummiut?
Mr. Iqaqrialu (interpretation): Our Queen, her Majesty the Queen, I think when she was sitting in the Speaker’s chair said that we, as a Government, have the authority to enact our own laws and perhaps, she said that without regard for the Canadian Government.
So, perhaps Sue, can you please elaborate what authorities we have as Nunavut?
Chairman: Ms. Cooper.
Ms. Cooper: Yes. Thank you, Mr. Chairman.
The Canadian Charter of Rights and Freedoms is Federal Legislation; it is part of the Constitution of Canada and all jurisdictions, including the Federal Government, Provincial Governments and Territorial Governments must enact laws that comply with the Charter of Rights.
Section 15 of the Charter prohibits discrimination on certain grounds that are set out in that Charter.
So, any Legislation that this Assembly enacts must comply with the Charter.
The Supreme Court of Canada case which I spoke about, made their finding on the basis that the Alberta Legislation, which did not include sexual orientation as a prohibited ground of discrimination violated Section 15 of the Charter.
If this word is struck out, we were told that we would be challenged in court and that we would lose.
With that in mind, you would think that perhaps if I ask it this way, if we strike this word out and it was challenged in court, we would lose the court challenge.
If we did include it in there, do we as Nunavummiut have a right?
Chairman (interpretation): Are you going to respond to it or our legal advisor?
Yes, because we are bound by the Federal Government legislation; we’re trying to take on new authorities and jurisdiction for Nunavut.
As I said earlier we can include Inuit Qaujimajatuqangit in this process and make it a more Nunavut friendly process for any human rights violations complaints.
We can’t go any other way because we have to follow the federal legislation.
According to the motion, the way I understand it, that same sex couples, they don’t want that recognised according to the motion and our law clerk said that even if we strike out the words we are still subject to court challenges and that we would lose.
And our Premier said that we have the right according to the federal legislation, we have to ensure that we use our rights.
Perhaps, would we have a case in our Nunavut Land Claims Agreement rights under Article 23?
What authority does that give us as Nunavummiut in thinking about the human rights legislation?
In my opening comments, I said our rights are recognised under the Nunavut Land Claims Agreement and that has nothing to do with the recognition of same sex relationships.
The land claims agreement has nothing to do with that and those rights would not be protected under that legislation and so this human rights legislation is the only one that would recognise those.
I’d like to thank Sue Cooper for clearing things up.
This word, if we strike it out, it will still be recognised by the courts as being there.
And this wording for sexual orientation in Inuktitut has no definition as well.
Lesbians or gays or sexual orientation, for instance, if I was in a bisexual relationship with another lady and with my husband, if I was bisexual, it opens that up as well.
(interpretation end) Bisexuality, I still keep going back to sexual orientation is not translatable into Inuktitut and the court is discriminating against us as a people with a language.
Hon. Paul Okalik (interpretation): I will get the Inuit Qaujimajatuqangit Advisor to respond to the wording.
Mr. Ukaliannuk.
Chairman (interpretation): Mr. Ukaliannuk.
Mr. Ukaliannuk (interpretation): Can she please repeat the question?
Chairman (interpretation): Can you please state that question again, or your comment?
Hon. Manitok Thompson (interpretation): The Law Clerk said that sexual orientation, same sex couples, either lesbians, or gays or sexual preferences in bisexual relationships are recognized under sexual orientation.
And that is what the lawyer said.
Female/female, male/male relationships, or female in a relationship with a male and a female, in a bisexual union.
That is recognized under sexual orientation.
That also existed in Inuit culture, albeit in a taboo sense.
There is a word in Inuktitut language.
Female same sex relationships are called in a sense, smoothies, and male/male relationships were called roughies.
That is the definition in Inuktitut, and it was really we were told not to go that way.
We were always told not to have bestiality with animals.
And so we were always forewarned.
So there are words in Inuktitut for those.
It is now only starting to come out. It existed in the Inuit culture.
Chairman (interpretation): In your response, it is probably not in the Act regarding bestiality.
It has nothing to do with the Act.
What the Minister is asking is what the definition in Inuktitut for sexual orientation is?
We have been dealing with the same issue over the last six hours.
That wording there.
Is there anyone in here that can explain sexual orientation in Inuktitut?
I do not think that he can respond to that. Mr. Okalik.
Hon. Paul Okalik (interpretation): We keep coming back to it, although we understand the meaning.
Same sex relationship, gays and lesbians.
That is all it is.
What else are you asking?
Hon. Manitok Thompson (interpretation): Thank you, Mr. Chairman. Perhaps when it comes to a vote, we will have a better idea, so we should just leave it at that.
Until it is put to a vote, and we will see, through a recorded vote, who is for and against this Act?
Chairman (interpretation): I did not ask how you can explain what that means, the definition of that wording.
There was a motion on the Floor regarding the striking out of the word sexual orientation.
Our law clerk Ms. Cooper stated that if we strike those out it will not stand with the boards and the federal government will not recognize, will not give us the jurisdiction and so for clarity I think in Bill 12 the biggest controversial section trying to strike out sexual orientation, I think that’s the pivotal section in the Bill.
Does it have to be in there?
Is it important for it to be in there?
But we already know if we strike it out that it’s subject to a court challenge.
Is it the pivotal wording in the legislation?
No it’s not the intent of the Bill but it’s one of the prohibitive grounds of discrimination and that we should not treat anybody else unfairly on any of those bases. That’s all it means, that we should not treat anybody unfairly on those bases.
(Floor) We will have a recorded vote on the motion.
We’ll start with Mr. Alakannuark for all those in favour.
The motion reads, I move that subsection 7 (1) be amended by striking out the words “sexual orientation”.
That is the motion.
Those who are for the motion will stand and when their names are read out they could stand down again.
For those in favour of the motion please stand.
All those in favour of the motion please stand.
Mr. Alakannuark, Ms. Williams, Mr. Nutarak, Mr. Iqaqrialu, Ms. Thompson and Mr. Puqiqnak.
All those opposed to the motion please rise.
Mr. Havioyak, Mr. McLean, Mr. Tootoo, Mr. Picco, Mr. Ng, Mr. Okalik, Mr. Kattuk, Mr. Kilabuk, Mr. Anawak.
All those abstain, any abstentions. Mr. Akesuk.
For the motion there were six.
There were nine that opposed.
We are still on Bill 12, clause 7.
Questions. Comments.
Motion 010 – 1(6): Sub-Clause 9 (5) of Bill 12 Human Rights Act be Amended
Mr. Chairman, I have a motion and its motion number 2 in the blue folders that were handed out to Members.
Also, this motion will cover five sections of the Bill that all contain and say the exact identical language that wish to be amended.
So, in the interest of printing off five separate motions, the numbered clauses are in there.
I’ll be reading the motion five times on each clause as we go through it.
Just so you don’t have five copies of the exact same thing except for one different number on it in front of you for confusion.
Mr. Chairman, I move that sub-clause 9 (5) of the Bill be amended by striking out “regardless of whether a practise referred to in subsection (1), results in direct discrimination or adverse effect discrimination, whenever it appears and by substituting, when a practise referred to in subsection (1) results in discrimination”.
I forgot to let everyone know where I was.
It was on page 5.
The first one in the English version and page 5 in the Inuktitut one.
Clause 9, in English is right at the very top of page 5, 9 (5).
Chairman (interpretation): To the Motion for the Motion.
Motion 011 – 1(6): Sub-Clause 10 (3) of Bill 12 Human Rights Act be Amended
I will just go with the actual Motion.
I move that sub-Clause 10(3) and this one, Mr. Chairman, is on Page 5 of the English, it is in the last sentence, the last paragraph, of the Bill be amended by striking out regardless of whether a practise referred to in subsection (1) result in direct discrimination or adverse affect discrimination wherever it appears and substitute and by substituting when a practise referred to in subsection (1) results in discriminations.
Again on Clause 10.
Motion 012 – 1(6): Sub-Clause 11 (2) of Bill 12 Human Rights Act be Amended
Over half way there and I will, the third one.
Mr. Chairman, this one on the English version is on Page 6, 11(2), I move that sub-Clause 11(2) of the Bill be amended by striking out “regardless of whether a practise referred to in subsection (1) results in direct discrimination or adverse affect discrimination” wherever it appears and by substituting “when a practise referred to in subsection (1) results in discriminations”.
Chairman (interpretation): To the Motion.
Motion 013 – 1(6): Sub-Clause 12 (2) of Bill 12 Human Rights Act be Amended
This one is again Page 6, Clause 12 (2).
I move that sub-Clause 12(2) of the Bill be amended by striking out “regardless of whether a practise referred to in subsection (1) results in direct discrimination or adverse affect discrimination’ wherever it appears and by substituting “when a practise referred to in subsection (1) results in discrimination”.
Again, Clause 12.
Motion 014 – 1(6): Sub-Clause 13 (3) of Bill 12 Human Rights Act be Amended
The last one on this one. Mr. Chairman, it is Page 7 of the English version, Clause 13(3).
I move that sub-Clause 13(3) of the Bill be amended by striking out “regardless of whether a practise referred to in subsection (1) results in direct discrimination” or adverse affect discrimination wherever it appears and by substituting “when a practise referred to in subsection (1) results in discrimination”.
Chairman (interpretation): Clause 18. Agreed?
Chairman (interpretation): Clause 19. Agreed?
Chairman (interpretation): Clause 20. Agreed?
Chairman (interpretation): Clause 21. Agreed?
Chairman (interpretation): Clause 22. Agreed?
Chairman (interpretation): Clause 23. Mr. Tootoo.
Motion 015 – 1(6): Clause 22 (2) of Bill 12 Human Rights Act be Amended
Mr. Chairman, I move that sub-clause 22 (2), all good numbers of the bill be amended by striking out “May” and substituting “Shall”.
Chairman (interpretation): Clause 29.
Chairman (interpretation): Clause 30.
Chairman (interpretation): Clause 31.
Chairman (interpretation): Clause 32.
Motion 016 – 1(6): Sub-Clause 32 of Bill 12 Human Rights Act be Struck Out
Mr. Chairman, I move that clause 32 of the Bill be struck out and the following substituted.
“Public hearings, (32), a hearing before a tribunal shall be open to the public unless the tribunal at the request of any party or on the tribunal’s own initiative decides that there are reasons sufficient to justify holding all or part of the hearing in private”.
Chairman (interpretation): Clause 33.
Chairman (interpretation): Clause 34.
Chairman (interpretation): Clause 35.
Chairman (interpretation): Clause 36.
Chairman (interpretation): Clause 37.
Chairman (interpretation): Clause 38.
Chairman (interpretation): Clause 39.
Chairman (interpretation): Clause 40.
Chairman (interpretation): Clause 41.
Chairman (interpretation): Clause 42.
Chairman (interpretation): Clause 43.
Chairman (interpretation): Clause 44.
Chairman (interpretation): Clause 45.
This is in regards to offence and fines.
The fine is not to exceed $25 thousand dollars.
Where was this number derived from?
We have put that in place by looking at the different pieces of legislation and looking at the figures that were used for offences and fines.
This $25 thousand dollars could be reviewed at a later date and amended if required.
Chairman (interpretation): Clause 46.
Chairman (interpretation): Clause 47.
Motion 017 – 1(6): Sub-Clause 47 (a) of Bill 12 Human Rights Act be Amended
Mr. Chairman, I move that Clause 47 of the Bill be amended by striking out sub clause A, and be renumbered accordingly.
Chairman (interpretation): The motion is in order.
Motion 018 – 1(6): Sub-Clause 47 (e) of Bill 12 Human Rights Act be Amended
Mr. Chairman, I move that sub clause 47(E) of the Bill be struck out and the following will be substituted, (E), prescribing consequences for failure to meet time periods prescribed by the regulations.
Chairman (interpretation): Clause 48.
Chairman (interpretation): Clause 49.
Chairman (interpretation): Clause 50.
Chairman (interpretation): Clause 51.
Chairman (interpretation): Does the Committee agree that Bill 12 as amended is ready for Third Reading?
If it is going to be ready for Third Reading, I would like to have a recorded vote at that time.
Chairman (interpretation): Agreed?
Hon. Paul Okalik (interpretation): I believe that we are concluded this Bill.
I would like to thank the Committee Members on the debate on Bill 12, and we will keep working on it.
Chairman (interpretation): There is a motion on the Floor to report progress.
Mr. Speaker, your Committee has been considering Bill 12.
We would like to report that Bill 12 is ready for third reading as amended and Mr. Speaker, I move that the report of the Committee of the Whole be concurred with.
We have a Seconder.
Motion is Noted.
Motion is in Order.
Bill 12 – Nunavut Human Rights Act – Third Reading
I move, Seconded by the Honourable Member for Cambridge Bay that Bill 12, Nunavut Human Rights Act be read for the third time.
The Motion is in Order, Ms. Williams.
Mr. Speaker, I would, I would like to request a recorded vote on the third reading of the Bill. Thank you.
Speaker: Members, the record of vote has been called for.
All those in favour please stand then sit down when your name has been called.
Premier Okalik. Minister Kattuk. Minister Kilabuk.
Mr. Anawak. Mr. Havioyak. Mr. McLean.
Mr. Tootoo. Mr. Picco.
Mr. Ng. All those opposed, please stand and be seated when your name is called.
The results are 10 for and 8 against.
Orders for the Day for Wednesday, November 5th.
Bill 36
This House stands adjourned until Wednesday, November 5th, 2003, at 10:30 am.
>>House adjourned at 22:13  Nunavut Canada
DAY 69
Wednesday November 5, 2003
Pages 4565 – 4638
Assent to Bills 4071
Wednesday November 5, 2003 4071
223 – 1(6): Socio-Economic Initiatives in Arctic Bay (Akesuk) 4071
224 – 1(6): New Funding to Expand Telehealth Services (Picco) 4071
225 – 1(6): Recruitment of Additional Management Interns (Thompson) 4071
226 – 1(6): Correctional Healing Facility in Kugluktuk (Okalik) 4071
227 – 1(6): Youth Identity Development Strategy (Kilabuk) 4071
720 – 1(6): Bill 12 – Human Rights Act (Iqaqrialu) 4071
721 – 1(6): Remembrance Day November 11 (Puqiqnak) 4071
722 – 1(6): Country Food - Economic Development in Nunavut (Anawak) 4071
723 – 1(6): Debate on Bill 12 Human Rights Act (Williams) 4071
724 – 1(6): Concern for Employees Laid Off in the Mining Industry (Havioyak) 4071
725 – 1(6): Human Rights Act (Thompson) 4071
726 – 1(6): Treated Differently (Kattuk) 4071
727 – 1(6): Co-op Store Dividends and Income (Irqittuq) 4071
728 – 1(6): Scholarship for Fauna Kingdon (Picco) 4071
729 – 1(6): Thanks Family and Constituents (Kilabuk) 4071
730 – 1(6): Human Rights (Okalik) 4071
731 – 1(6): Debate on Human Rights (Tootoo) 4071
732 – 1(6): Voicing Concerns and Views (Alakannuark) 4071
733 – 1(6): Regards to Constituents (Nutarak) 4071
734 – 1(6): Representing Constituents (Akesuk) 4071
696 – 1(6): Assistance for Workers Laid Off from the Lupin Mine (Havioyak) 4071
697 – 1(6): Martha Taleruk Centre in Need of Renovations (McLean) 4071
698 – 1(6): Target Date for Opening of Correctional Healing Facility (Puqiqnak) 4071
699 – 1(6): Views of Nunavummiut on Breast Feeding Week (Nutarak) 4071
700 – 1(6): Public Information on the Human Rights Bill (Iqaqrialu) 4071
701 – 1(6): Youth Coordinator Position in Arctic Bay (Williams) 4071
702 – 1(6): Funding Cut for Home Care Workers (Irqittuq) 4071
703 – 1(6): Plans to Increase Formula Funding For Schools (Tootoo) 4071
704 – 1(6): More Funding Assistance for Carvers (Alakannuark) 4071
705 – 1(6): Economic Development Plans (Anawak) 4071
706 – 1(6): Kivalliq Air Too Small for Medical Travel (Netser) 4071
155 – 1(6): Youth Identity Development Strategy (Kilabuk) 4071
156 – 1(6): 2002/2003 Public Service Annual Report (Thompson) 4071
157 – 1(6): Members Guidelines and Information on Indemnities, Allowances and Services in the 2004 Election Year (Speaker) 4071
019 – 1(6): Clause 12 of Bill 41 An Act to Amend the Nursing Act be Amended (Picco) 4071
Bill 49 – An Act to Amend the Safety Act – First Reading 4071
Bill 49 – An Act to Amend the Safety Act – Second Reading 4071
Bill 36 – An Act to Amend the Workers’ Compensation Act – Third Reading 4071
Bill 41 – An Act to Amend the Nursing Act – Third Reading 4071
Bill 12 - The Human Rights Act – Assent 4071
Bill 33 - The Tobacco Control Act – Assent 4071
Bill 36 - An Act to Amend the Worker’s Compensation Act – Assent 4071
Bill 37 - An Act to Amend the Liquor Act – Assent 4071
Bill 40 - An Act to Amend the Northwest Territories Business Credit Corporation Act – Assent 4071
Bill 41 - An Act to Amend the Nursing Act - Assent 4071
Bill 42 - An Act to Amend the Labour Standards Act - Assent 4071
Bill 43 - An Act to Amend the Income Tax Act - Assent 4071
Bill 44 - Supplementary Appropriation (O and M) Act No. 1 2003-2004 - Assent 4071
Bill 45 - Supplementary Appropriation (Capital) Act No 2 2003-2004 - Assent 4071
Bill 46 - Appropriation Act (Capital) 2004-2005 - Assent 4071
Bill 47 - Supplementary Appropriation (O and M) Act No. 3 2002-2003 - Assent 4071
Bill 48 - Supplementary Appropriation (Capital) Act No. 4 2002-2003 - Assent 4071
Speaker: I would like to call on Mr. Havioyak to say the prayer this afternoon.
Minister’s Statement 223 – 1(6): Socio-Economic Initiatives in Arctic Bay
(interpretation ends) Mr. Speaker, I want to update Members of this House on a socio-economic initiative in Arctic Bay being implemented by a sub committee of the Nanisivik Working Group.
This committee is co-chaired by DSD and Community Government and Transportation and encourages members from Education, Health and Social Services, Housing Corporation and the Hamlet of Arctic Bay.
Mr. Speaker, this committee has laid the ground work for several projects and events including the community healing commemorative event, the development of an Arctic Bay Development Corporation, a carving project including a very successful summer art exhibition held in Perth, Ontario, the annual marathon between Arctic Bay and Nanisivik, a business development week to be held in February of 2004, youth implement strategy including the establishment of a Youth Employment Coordinator, mentorship and coaching for local employees using CESO, projects related to the provision of housing and tourism projects incuding a multi use facility for tourists and for the community.
The socio-economic committee has met several times in Arctic Bay, Iqaluit and in Pond Inlet and is scheduled to return to Arctic Bay in November.
The committee is dedicated to providing the people of Arctic Bay with the support, mentorship and training required for the residents to control the development in their community.
Mr. Speaker, I would like to thank everyone who has participated in this committee making it a fine example of how we as government can utilize our resources for our common purposes.
Minister’s Statement 224 – 1(6): New Funding to Expand Telehealth Services
Mr. Speaker, I am pleased to announce that the Department of Health and Social Services has received an additional $2.7 million from the Primary Health Care Transition Fund, he PHCTF Aboriginal Envelope to expand telehealth services in Nunavut.  This is exciting news Mr. Speaker, because the Government of Nunavut does have to match any portion of these funds.
The PHCTF supports transitional costs of implementing sustainable primary health care renewal initiatives.
The PHCTF Aboriginal Envelope is designed to support initiatives specific to the renewal of primary health care services and to address the unique needs of aboriginal communities.
Mr. Speaker, the Department of Health and Social Services received sixty three percent of the available funds.
For Nunavummiut that means an additional $2.7 million dollars to expand our telehealth community.
Mr. Speaker, there are currently fifteen telehealth sites across Nunavut.
This additional funding will allow us to expand the telehealth program to another seven sites.
This will increase access to care and specialized services not currently available here in Nunavut.
Mr. Speaker, thirty Inuit staff across fifteen communities have been trained to use the telehealth equipment.
Ongoing training is provided monthly using the telehealth units in their communities.
Mr. Speaker, we are committed to continue working with our southern referral providers to expand the telehealth program in our Nunavut communities.
Minister’s Statement 225 – 1(6): Recruitment of Additional Management Interns
Thank goodness we are getting ready to head home.
(interpretation ends) Mr. Speaker, I would like to update my colleagues on the Department of Human Resources Sivuliktiqsat Program. Sivuliktiqsat is a management development program that began in January 2003, specifically designed to increase the necessary employment in the Government of Nunavut for director and manager level positions.
Mr. Speaker, we currently have eight interns in the program.
That’s a shame, out of twenty six thousand.
Four in Iqaluit, one in Pond Inlet, two in Cambridge Bay and one in Gjoa Haven.
(interpretation) That is not very much out of so many people.
(interpretation ends) Each intern has a designated trainer and individualized learning plans that they’re following to develop required skills, knowledge and abilities.