Oral Questions — 23 February 2021 (19th Assembly, 2nd Session, pp. 2019–2082)

2021-02-23, 19th Assembly 2nd Session, pp. 2019–2082

Northwest Territories — Debates (Hansard)

Debates of Feb. 23rd, 2021

This is page numbers 2019 - 2082 of the Hansard for the 19th Assembly, 2nd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library.

The word of the day was communities .

Topics

Oral Questions

Members Present

Prayer

Crown Corporation Boards of Directors

Emergency Shelters and Warming Centres

Inmate Rehabilitation

National Pharmacare

Black History Month

Elder Abuse

Addictions Treatment in the North

Integrated Service Delivery

NWT Literacy Awards

Black History Month

Eulogy for Darius Elias

Eulogy for Alfred Diamond'C

Reports Of Standing And Special Committees

Motion to Have Committee Report 9-19(2) Deemed Read and Printed in Hansard in its Entirety

Committee Report 9-19(2): Report on the Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election

Motion to Receive Committee Report 9-19(2) and Move into Committee of the Whole

Inmate Rehabilitation

Addictions Treatment Program

Crown Corporation Boards of Directors

National Pharmacare

Elder Abuse

Addressing Systemic Racism in the Northwest Territories

Emergency Shelters

Northwest Territories-Yukon Border Restrictions

Integrated Service Delivery

Liquor Pricing Review

Tabled Document 314-19(2): Follow-up Letter for Oral Question 497-19(2): Corrections Workplace Assessment Tabled Document 315-19(2): Follow-up Letter for Oral Question 528-19(2): Integrated Case Management

Tabled Document 316-19(2): Follow-up Letter for Oral Question 531-19(2): Environmental Remediation and Economic Recovery

Consideration In Committee Of The Whole Of Bills And Other Matters

Tabled Document 286-19(2): Main Estimates 2021-2022 - Municipal and Community Affairs - Deferral of Department

Report Of Committee Of The Whole

Orders Of The Day

Members Present

Hon. Diane Archie , Hon. Frederick Blake Jr., Mr. Bonnetrouge , Hon. Paulie Chinna , Ms. Cleveland , Hon. Caroline Cochrane , Hon. Julie Green , Mr. Jacobson , Mr. Johnson , Mr. Lafferty , Ms. Martselos , Ms. Nokleby , Mr. Norn , Mr. O'Reilly , Ms. Semmler , Hon. R.J. Simpson , Mr. Rocky Simpson , Hon. Shane Thompson , Hon. Caroline Wawzonek

The House met at 1:31 p.m.

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---Prayer

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Prayer

Page 2019

The Speaker

Frederick Blake Jr.

Item 2, Ministers' statements. Item 3, Members' statements. Member for Hay River South .

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Crown Corporation Boards of Directors

Members' Statements

Page 2019

Rocky Simpson

Hay River South

Thank you, Mr. Speaker. We have a number of Crown and quasi-Crown corporations that utilize board of directors appointed by this government. This House has debated and voiced concern over the need to replace those current boards made up of senior bureaucrats with persons from the private sector or the general public. Mr. Speaker, we cannot expect and should not expect our senior bureaucrats to accept additional obligations and responsibilities that take away from their departmental responsibilities.

If this government does not see that, then it is not fulfilling its responsibility to the residents of the Northwest Territories. The reason Crown corporations exist is to achieve a public policy objective set by this government, while being insulated and allowed to operate at arm's length. This can be a daunting task at best, and expecting to achieve it by placing senior bureaucrats to oversee such a corporation is make-believe and a fantasy.

Mr. Speaker, we have the Northwest Territories Power Corporation, a body that provides an essential service to the residents and businesses of the NWT. In 2016, the independent board was replaced based on cost-saving initiatives. The corporation is now in the process of possibly becoming a provider of electrical power to the community of Hay River. The reason that is about to happen is because of a promise by the NWT Power Corporation of cheaper power to Hay River residents and businesses.

The cost of power is one cost that inherently impacts our residents and, if not controlled, can result in our residents choosing between feeding their children and paying their utility bill. It is therefore important that Crown corporations such as the Northwest Territories Power Corporation be provided the tools that will work to lower costs to its consumers. An experienced board of directors is part of the tools required to ensure efficiency while meeting this government's strategic objectives.

Mr. Speaker, in 2016, this government identified cost as a deterrent to using independent directors. I see the use of independent boards as an opportunity to provide oversight in operations and efficiency, which will result in cost savings. With respect to the Northwest Territories Power Corporation, I would envision a board of directors made up of those with credentials in finance, human resources, engineering, law, green power, private business, Aboriginal knowledge, and other disciplines.

Within a corporation, the duties and responsibilities of directors are important to ensuring management is kept in check and services provided are cost effective. It is time to choose the right path when it comes to Crown corporations. Thank you, Mr. Speaker.

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Crown Corporation Boards of Directors

Members' Statements

Page 2019

The Speaker

Frederick Blake Jr.

Thank you, Member for Hay River South . Members' statements. Member for Nunakput .

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Emergency Shelters and Warming Centres

Members' Statements

Page 2019

Jackie Jacobson

Nunakput

Thank you, Mr. Speaker. We need emergency shelters in our communities. I mentioned it in this House before, and now I really need to get this sorted out for the communities of the Beaufort-Delta and especially my riding of Nunakput. Some of the larger communities are fortunate enough to have warming shelters and centres and emergency housing. That is a good thing. There are people in the communities who need them, but in this case, the communities of Nunakput, when my constituents are in need of a place to go, they have no place to go but to family.

A few weeks ago, the Minister responsible for the Northwest Territories Housing Corporation committed to looking into the units that could be made available in the communities. I appreciate her commitment, but I still need to know which units are available in the communities, Mr. Speaker. Literally, it's a matter of life and death. I need to know what units are available. My leadership needs to know which units are available and what options we could provide for emergency shelter for our residents. As you know, it gets very cold in the delta, especially in my riding of Nunakput.

People need to be able to access a warm and safe place to stay. If they cannot, the consequences could be literally fatal. Mr. Speaker, I will have questions for the Minister responsible for the Northwest Territories Housing Corporation . Thank you.

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Emergency Shelters and Warming Centres

Members' Statements

Page 2019

The Speaker

Frederick Blake Jr.

Thank you, Member for Nunakput . Members' statements. Member for Thebacha .

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Inmate Rehabilitation

Members' Statements

Page 2019

Frieda Martselos

Thebacha

Thank you, Mr. Speaker. My Members' statement today is about the need for our NWT corrections services to focus on the successful social reintegration and rehabilitation of incarcerated individuals. The Department of Justice recently completed a workplace assessment of all correctional facilities in the Northwest Territories. The results of that assessment were obvious as it exposed several long-standing issues pertaining to staff morale, safety, and preparedness, among other things. In a previous Member's statement, I spoke about the importance of offender rehabilitation.

Today, however, I will be focusing on some issues that offenders face, along with potential solutions when transitioning from life in corrections back into the community.

Mr. Speaker, the key to any successful crime-reduction strategy must include solutions that address offender crime relapses among formerly incarcerated individuals. One way our government could help offenders with successful reintegration is to expand transition and through-care programs for offenders. This can be done in many ways. However, the ultimate goal is to help offenders successfully transition back into society and to avoid further criminality. Our goal must be to ensure rehabilitation back into the community, and they must be able to address life with purpose.

Mr. Speaker, one idea in relation to corrections programming that I think the Department of Justice should consider is to expand the level of community engagement that offenders have with where they are incarcerated. Offenders should have more opportunities to help serve and work for the community in which they are incarcerated. For example, at the Fort Smith Correctional Complex, both sections of male and female offenders should be able to work in jobs that were previously offered to offenders in the community.

They should be able to do the things like help seniors in and around the community shovel snow, do gardening, clean house, or take courses in the Phoenix program at the high school. Offenders should be able to do this type of work and activities regularly, but that is not the case anymore. I would like to see these programs reinstated for offenders, including the option to take courses at Aurora College. I will have questions for the Minister of Justice at the appropriate time. Thank you, Mr. Speaker.

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Inmate Rehabilitation

Members' Statements

Page 2019

The Speaker

Frederick Blake Jr.

Thank you, Member for Thebacha . Members' statements. Member for Frame Lake .

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National Pharmacare

Members' Statements

Page 2019

Kevin O'Reilly

Frame Lake

The legislation doesn't prescribe a specific fiscal arrangement but enables the federal government to negotiate with the provinces and territories. The federal Cabinet could reduce or withhold contributions to provinces or territories if they don't respect the conditions of funding. The federal health Minister is also empowered to create an independent drug agency in collaboration with provinces and territories.

Canada is the only country in the world with a public healthcare system that does not include prescription medicine coverage. The Parliamentary Budget Office has estimated that a national pharmacare program would reduce drug costs by about 25 percent annually or $4 billion. A universal national pharmacare system would cover an estimated 20 percent of Canadians who don't take their prescriptions now because they can't afford the costs. Canadian families will save an average of $350 per year and businesses will get relief from the increasing costs of employee drug coverage, a $750 savings per employee per year.

A national pharmacare program will save the NWT money, too, and improve health outcomes. I will have questions later today for the Minister of Health and Social Services about whether our government supports Bill C-213 and what other action is being undertaken to pursue a national pharmacare program. Mahsi, Mr. Speaker.

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National Pharmacare

Members' Statements

Page 2020

The Speaker

Frederick Blake Jr.

Thank you, Member for Frame Lake . Members' statements. Member for Great Slave .

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Black History Month

Members' Statements

Page 2020

Katrina Nokleby

Great Slave

Thank you, Mr. Speaker. February is Black History Month in Canada and throughout the world. Here in the North, we have a thriving Black community that, in June, organized a rally to protest racism against Black people. This rally was organized to coincide with a growing international movement in protest of rising incidents of violent acts against people of colour.

From this, a group was formed called the Black Advocacy Coalition up North, or BACupNorth, with the goal of providing community support to Black Northerners. Its mission is to end racism and dismantle barriers to equity in law enforcement, justice, health, housing, education, research, and media. Whether you are Caribbean, of African descent, you are African-Canadian born here, BACupNorth celebrates that heritage. BACupNorth supports diversity and believes in educating for progress.

Part of BACupNorth's work is to analyze materials young people are consuming in schools and push for changes in school curriculum and media for better representation of Black experiences and history. BACupNorth also empowers the Black community by sharing stories and experiences of members in the Black community and educates Northerners about Black culture, heritage, and diversity.

The issues the BACupNorth advocates for are also a reality for a lot of Indigenous people living in the North. Their goal is to work together, using available resources, to show solidarity and support Indigenous organizations to effect positive changes for everyone. The following is a statement provided by BACupNorth founder Ambe Chenemu: The Black community has come a long way. In fact, it has taken over 400 years and we are still working to be treated equally and not be punished for looking and being Black. The Black community has been forced, enslaved, and dehumanized in the worst possible manner.

Four hundred years later, Black people across Canada are still working toward equality, equity, social justice, and equal opportunity. Throughout the month of February, we celebrate the resilience and contributions of the Black community to the rich and diverse Canadian heritage.

Just this month, some Black Northerners were among those recognized by Premier Cochrane for their contributions to the public service and recipients of the Premier 's Award for Excellence. Black people are making a difference across our territory, and we call on government to work with and support the efforts of BACupNorth and other local organizations in making the North a better place for us all. Thank you.

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Black History Month

Members' Statements

Page 2020

The Speaker

Frederick Blake Jr.

Thank you, Member for Great Slave . Members' statements. Member for Deh Cho .

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Elder Abuse

Members' Statements

Page 2020

Ronald Bonnetrouge

Deh Cho

Mahsi, Mr. Speaker. My Member's statement reflects the abuse suffered by the most vulnerable population of elders in the small communities. Elder abuse is a single action or repeated action or a lack of action that causes harm or distress to an older person. This abuse could be a single incident or several incidents over time. Often, more than one type of abuse is experienced by the victims. This population of elders are older and have serious mobility issues, like being confined to wheelchairs, walkers, or simply cannot walk long distances through stores.

They then give out their bank cards and associated details to their caregiver, or it could be another family member. More than likely, it's someone they assume they can trust.

Another form of abuse I have been hearing about is neglect. When a family member is tasked with caring for their elderly parent at their home, they usually leave the elderly parent at a friend's home while they go out of town, sometimes up to several days, with the elder's bank card. Mr. Speaker, this form of abuse of the elderly population is most likely prevalent in many small communities, as it is in my community. I will have questions for the Minister responsible for seniors at the appropriate time. Mahsi.

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Elder Abuse

Members' Statements

Page 2020

The Speaker

Frederick Blake Jr.

Thank you, Member for Deh Cho . Members' statements. Member for Monfwi .

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Addictions Treatment in the North

Members' Statements

Page 2020

Jackson Lafferty

Monfwi

Masi. [Translation] Thank you. [End of translation]

In the Northwest Territories, last year alone, the government raked in an incredible $24 million from the sale of intoxicants. This revenue source is called "sin tax" because booze and dope are supposedly bad, but the real sin is how this government misuses this cash once it rolls in. When I say "misuses," Mr. Speaker, I refer to the fact that this money, the money earned through this revenue, every single cent of it goes to the general pot, the general revenue that is used for such things as ministerial travel or the COVID secretariat, et cetera. By rights, a certain percentage should be going toward addictions treatment for the North.

Mr. Speaker, we fuel substance abuse through liquor and cannabis sales, then we take the money and run, abandoning the victims of those with dependency on the substance. There is something very cruel in this self-serving exploitation of human weaknesses. We should put an end to this perversity by channelling a statutory share of our liquor and cannabis revenues to addictions treatment.

Mr. Speaker, it's not good enough to claim we're supporting addictions treatment centres in the South. Places like Edgewood on Vancouver Island, BC, and Renascent in Toronto, Ontario, are inappropriate and ineffective and do not serve our Northerners. We need addictions treatment here in the North, for the Northerners, by the Northerners. A share of that "sin tax" should be earmarked annually for the construction and support of such a facility. I intend to question the Minister responsible regarding this issue at the earliest opportunity, Mr. Speaker. Masi.

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Addictions Treatment in the North

Members' Statements

Page 2020

The Speaker

Frederick Blake Jr.

Thank you, Member for Monfwi . Members' statements. Member for Kam Lake .

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Integrated Service Delivery

Members' Statements

Page 2020

Caitlin Cleveland

Kam Lake

Thank you, Mr. Speaker. As the Finance Minister said in her 2021 budget address, "Creativity, innovation, and collaboration are key to our success." Fort Good Hope has successfully brought these three pillars together through the K'asho Got'ine Housing Society, a non-profit created to fill the rising need for community-based housing providers that deliver innovative social policy parallel to safe housing infrastructure. The society recognizes the long-term value of supporting housing models that address the needs of residents and has successfully combined housing, social policy, and workforce development through its new home construction, integrated home repair, and apprenticeship programs.

During our last week in this House, I spoke about FASD, integrated case management, housing authorities, and family violence to drive home the need for client-focused wraparound services. Too many people are falling through the cracks with the government's current siloed approach, at the cost of residents' mental health, ability to thrive, and the government's bottom line.

The GNWT currently spends over $700 million annually on social programs through Justice, health, housing, and Education, Culture and Employment, and each of these departments is responsible for addressing different aspects of a person's challenges. This siloed service delivery increases program duplication and the frequency and duration that an individual cycles through public systems of care, Mr. Speaker. This causes cyclical and costly use of resources and decreases the window of opportunity an individual will permanently or successfully exit the system of crisis services.

Mr. Speaker, the annual cost of care for one incarcerated inmate is more than the average annual salary for one GNWT employee, or equal to the annual operations and maintenance of five public housing units, but how many people could integrated service delivery support outside our correctional facilities and how would supporting housing networks reduce recidivism and improve the quality of life of Northerners?

Integrated service delivery meets Northerners where they are at and brings together the social program departments and their front-line staff to coordinate plans of care and support residents based on their actual individual needs. I want to commend Fort Good Hope for leading the way with creativity, innovation and collaboration, and congratulate them on the significant successes they have achieved. I look forward to discussing the future of integrated service delivery for the GNWT with the Minister of Justice today. Thank you, Mr. Speaker.

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Integrated Service Delivery

Members' Statements

Page 2020

The Speaker

Frederick Blake Jr.

Thank you, Member for Kam Lake . Members' statements. Member for Inuvik Boot Lake .

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NWT Literacy Awards

Members' Statements

Page 2020

Diane Archie

Inuvik Boot Lake

Earning the Ministerial Outstanding Educator Award is Dwayne Drescher. He went above and beyond, making sure learning of the language did not stop because of COVID, by developing learning kits and videos that allow students and their families to learn from home. His next project that I'm really looking forward to using is helping develop the Inuvialuit emojis, GIFs, and abbreviations to further promote the use of Inuvialuqtun through media and mobile technologies.

I ask you to join me in congratulating my constituents who are doing their part to keeping our language strong. Quyanainni, Mr. Speaker.

---Applause

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NWT Literacy Awards

Members' Statements

Page 2021

The Speaker

Frederick Blake Jr.

Mahsi, Member for Inuvik Boot Lake . Members' statements. Member for Yellowknife North .

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Black History Month

Members' Statements

Page 2021

Rylund Johnson

Yellowknife North

Thank you, Mr. Speaker. I would like to join the MLA for Great Slave in acknowledging those working to further Black History Month, both here and across the globe. Mr. Speaker, our territory is home to hundreds of Black individuals living and contributing to our communities. If current trends are any indication that number will only continue to grow as Yellowknife continues to become a truly diverse capital city. In Canada, we often compare our history to our neighbours in the South, and we think we are not so bad. Anti-Black racism exists, and systemic racism in many forms continues to be part of the history we are currently living.

While we celebrate Black History Month in our schools, the NWT has much work to do in acknowledging its histories. For decades, Black and Indigenous people were pushed out of white spaces, with bars and restaurants segregated well into the 1960's. Mr. Speaker, the Northwest Territories doesn't have a lot of Black history to share, but part of the reason for that is history often has a narrow lens that leaves the stories of minority populations out of it. I hope, going forward, we can frame our territorial history as a place that welcomes everyone.

I'd like to give praise to BACupNorth, the Black advocacy group formed in the wake of global protests and rallies challenging anti-Black racism after Minneapolis police officers killed George Floyd. Every day this month, they have been sharing Canadian Black history and media and regularly amplifying Black Northerners in their endeavours. Thank you for the work they do. They are doing the work to right the history of the NWT. This territory is no stranger to the plague of racism. We must be an ally in this fight, an ally in deconstructing systemic racism in all its forms in celebrating our diversity.

Black history month is an opportunity to acknowledge the past, and lift up voices for the future. Thank you to everyone doing this work to make sure our history and our future is both honest and inclusive. Thank you, Mr. Speaker.

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Black History Month

Members' Statements

Page 2021

The Speaker

Frederick Blake Jr.

Thank you, Member for Yellowknife North . Members; statements. Member for Inuvik Twin Lakes .

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Eulogy for Darius Elias

Members' Statements

Page 2021

Lesa Semmler

Inuvik Twin Lakes

Thank you, Mr. Speaker. I would like to send my condolences to the family of Darius Elias, who served as MLA for the Vuntut Gwitchin riding in the Yukon for 10 years. He started his political career very early, and I was very saddened to hear of his passing. The Beaufort-Delta, as many know, and the Yukon have a very close relationship and very many family connections.

When I was elected, he called me, and he provided me with some advice. I will always remember that. The words that he said to me, "Always stay true to the people who elected you." Prayers and strength to the family at this time to our former MLA of the Vuntut Gwitchin Darius Elias. Thank you, Mr. Speaker.

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Eulogy for Darius Elias

Members' Statements

Page 2021

The Speaker

Frederick Blake Jr.

Thank you, Member for Inuvik Twin Lakes . Our thoughts and prayers are with the community of Old Crow and the family, and also the Legislative Assembly of the Yukon. Mahsi. Members' statements. Member for Nahendeh .

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Eulogy for Alfred Diamond'C

Members' Statements

Page 2021

Shane Thompson

Nahendeh

Thank you, Mr. Speaker. Fred Diamond'C was born on February 14, 1946, in Fort Liard to Edward and Laura Diamond'C. Unfortunately, his mom passed away when he was a young boy. His dad later met Pauline Eton, and they got married on August 18, 1954. Edward and Pauline raised Fred and his siblings in Fort Liard in Bovie Lake. This started Fred's love for going out on the land.

One summer, Fred and his siblings were home from residential school. Fred went for a walk to Hay Lake with his little brother John. John said his legs were sore, so Fred put his little brother in his backpack and packed him home. Upon arriving at home, he told his mom that he shot a bear. His mom told him to put the bag in front of her and open it up. John's head popped out. That was Fred's humour. If you knew Fred, he was always happy, and his sibling said he would never argue with them. In his teen years, he went to residential school in Yellowknife with his brother Enis. He mentioned that all the students that went to residential school were like brothers and sisters.

During his life, Fred had many jobs, but the ones that seemed to make him very happy was when he was a prospector and did surveying. The company gave him a plaque for all his hard work he did. I was told that he took to the bush and was handy at staking claims or cutting lines or building camps. He could do anything, and he was very reliable. He enjoyed his adventures.

Upon returning back to Yellowknife, he got into building wood cabins and selling them. Fred was a true bush person, loving the land and nature. He later built his forever home on Highway No. 3 at kilometre 296, close to Yellowknife where he lived with his dog, Musky. He lived there for many years. Fred loved his home, his dog, Musky, and all his family and friends. He was preceded by his parents, step-mother, sister, brother, and step-sister. He was survived by his three sisters and two brothers.

Fred passed away on January 21, 2021. Fred is loved and will be greatly missed by all who knew him. Thank you, Mr. Speaker.

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Eulogy for Alfred Diamond'C

Members' Statements

Page 2021

The Speaker

Frederick Blake Jr.

Thank you, Member for Nahendeh . Our thoughts and prayers are with the family. Members' statements. Item 4, recognition of visitors in the gallery. Item 5, reports of committees on the review of bills. Item 6, reports of standing and special committees. Member for Frame Lake .

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Reports Of Standing And Special Committees

Page 2021

Kevin O'Reilly

Frame Lake

Merci, Monsieur le President. Your Standing Committee on Rules and Procedures is pleased to provide its report on the Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election.

Executive

Summary

The Standing Committee on Rules and Procedures is pleased to Report on its review of the Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election.

The Elections and Plebiscites Act requires the Chief Electoral Officer to present a report on the administration of the election within six months of the election. The Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election was tabled in this House by the Speaker on May 28, 2020, and was referred to this committee.

During its review, committee has held four public hearings during which they heard from the Chief Electoral Officer, Dr. Aleksander Essex, Dr. Nicole Goodman, MLA Julie Green , David Wasylciw, and OpenNWT. Committee thanks these witnesses for sharing their opinions, experiences and expertise.

This report includes committee's response to the recommendations of the Chief Electoral Officer and other presenters and makes the following recommendations from committee:

Recommendation 1

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to require regulations be developed governing voting by electronic means, including setting cybersecurity standards, technical specifications, procurement guidelines, and an audit mechanism.

Recommendation 2

The Standing Committee on Rules and Procedures recommends that Elections NWT implement and administer an election rebate program as laid out in this report for candidates starting with the 2023 Territorial Election.

Recommendation 3

The Standing Committee on Rules and Procedures recommends that "email address" be included under

Section 54(2) of the Elections and Plebiscites Act. Further, that email addresses should only be used to maintain or update the Register of Electors and not be shared with any candidate.

Recommendation 4

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to require a public body at request to provide the personal information held by that body.

Recommendation 5

The Standing Committee on Rules and Procedures recommends that

Section 73 of the Elections and Plebiscites Act be amended to state that the list of electors shall be provided to candidates as soon as possible.

Recommendation 6

The Standing Committee on Rules and Procedures recommends that

Section 121 and

Section 309 of the Elections and Plebiscites Act be amended to include a prohibition on the sale of cannabis during the hours a poll is open on polling day.

Recommendation 7

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to expressly prohibit liquor and cannabis as campaign expenses.

Recommendation 8

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to prohibit photography, videography, or phone calls within the polling station and to authorize the Chief Electoral Officer to issue guidance on the usage of electronics in polling stations.

Recommendation 9

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to prohibit a candidate's polling agent from being able to assist an elector in casting a vote.

Recommendation 10

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer investigate how other provinces or territories allow residents to cast votes from any polling station and report back to the Legislative Assembly within six months on the outcomes of that investigation.

Recommendation 11

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to remove the requirement for electors to act as witnesses. An election officer and one other election official should be required, with candidates permitted one representative each.

Recommendation 12

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to allow for a candidate's financial report to be submitted electronically.

Recommendation 13

The Standing Committee on Rules and Procedures recommends that

Section 144(1) of the Elections and Plebiscites Act be amended to allow for voting in the office of the returning officer to commence on the 21 st day before polling day.

Recommendation 14

The Standing Committee on Rules and Procedures recommends that Elections NWT follow the same procurement practices as the Legislative Assembly and publicly disclose all contracts, the procurement process used for each contract, and the amount of each contract in the Elections NWT Annual Report.

Recommendation 15

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer undertake a review of best practices on election reporting and return to the Legislative Assembly within six months with the findings of that review and any potential amendments to the Elections and Plebiscites Act.

Recommendation 16

The Standing Committee on Rules and Procedures recommends that Elections NWT post all election data that is included in its reports in a machine-readable format on the Elections NWT website.

Recommendation 17

The Standing Committee on Rules and Procedures recommends that the Chief Electoral Officer undertake a review of the requirements to publicly disclose a candidate's residential address and return to the Legislative Assembly within six months with the findings of that review and any potential amendments to the Elections and Plebiscites Act.

Recommendation 18

The Standing Committee on Rules and Procedures recommends that

Section 24(4) of the Elections and Plebiscites Act be amended to specify that the act applies to additional assistant returning officers the same as it does to assistant returning officers, except for the limitations specified in

Section 24(4).

Recommendation 19

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to fix references to other clauses and to reflect current electronic management of the list of electors and the polling station account.

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Motion to Have Committee Report 9-19(2) Deemed Read and Printed in Hansard in its Entirety, Carried

Reports Of Standing And Special Committees

Page 2022

Kevin O'Reilly

Frame Lake

Mr. Speaker, your Standing Committee on Rules and Procedures is pleased to provide its report on the Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election. Mr. Speaker, I move, seconded by the honourable Member for Nahendeh , that Committee Report 9-19(2) be deemed read and printed in Hansard in its entirety. Mahsi, Mr. Speaker.

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Motion to Have Committee Report 9-19(2) Deemed Read and Printed in Hansard in its Entirety, Carried

Reports Of Standing And Special Committees

Page 2022

The Speaker

Frederick Blake Jr.

Thank you, Member for Frame Lake . Motion is in order. To the motion.

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Motion to Have Committee Report 9-19(2) Deemed Read and Printed in Hansard in its Entirety, Carried

Reports Of Standing And Special Committees

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Some Hon. Members

Question.

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Motion to Have Committee Report 9-19(2) Deemed Read and Printed in Hansard in its Entirety, Carried

Reports Of Standing And Special Committees

Page 2022

The Speaker

Frederick Blake Jr.

Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried.

---Carried

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Committee Report 9-19(2): Report on the Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election

Reports Of Standing And Special Committees

Page 2022

The Speaker

Frederick Blake Jr.

Introduction

The Standing Committee on Rules and Procedures (committee) is pleased to report on its review of the Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election.

The Elections and Plebiscites Act requires the Chief Electoral Officer (CEO) to present a report on the administration of the election within six months of the election. The report has any matters the CEO thinks should be brought to the Legislative Assembly's attention. It also includes recommendations on how to improve election administration and any suggested amendments to the act. The report is sent to the Standing Committee on Rules and Procedures to review, hold hearings with the CEO, any witnesses the committee thinks necessary, and the public at large.

The committee then reports to the House which recommendations should be adopted and the committee's review of potential amendments. This report has committee's response to the CEO recommendations, to the public submissions received, and to the recommendations of two expert witnesses.

Background

The 2019 territorial election was held on October 1, 2019. Online ballots were available for the first time in any provincial or territorial general election in Canada. The election also saw the highest number of female candidates ever and resulted in a near equal number of female and male Members of the Legislative Assembly.

The CEO issued her report on the administration of the 2019 election in March 2020, which contained 88 recommendations for consideration. The committee held public briefings with the CEO on June 10, 2020, with experts on online voting on June 30, 2020, and September 9, 2020, and a hearing with the public on September 21, 2020, during which committee received presentations from MLA Julie Green , David Wasylciw, and OpenNWT.

Online Voting

Committee heard the most comments on the use of online ballots. This was the first election where online ballots were used, and committee had two expert witnesses present on the advantages and risks of online ballots. Dr. Aleksander Essex is a professor of software engineering at Western University in London, Ontario. He is an internationally recognized expert in election cybersecurity. He has studied the use of online voting in Canada and around the world. Dr. Nicole Goodman is a professor of political science at Brock University in St. Catharines, Ontario. She has studied the effects of online voting on voters and election administration in general.

The committee thanks both expert witnesses for their presentations and answering questions. They informed committee's discussions and raised numerous points committee found useful when coming up with recommendations.

The CEO recommended creating a new

section of the Elections and Plebiscites Act to establish procedures in respect of voting by online ballot. The committee notes that

Section 132.1 states "the Chief Electoral Officer may, in accordance with the regulations, establish procedures in respect of voting by absentee ballot by electronic means." There are currently no regulations in place. Dr. Essex, Dr. Goodman, and Mr. Wasylciw all recommended that standards be developed, including technical cybersecurity standards. With online voting being a relatively untested technology, not just in Canada but internationally, the committee agrees that legally binding standards are required.

Dr. Essex and Dr. Goodman co-wrote a paper earlier this year outlining principles to be adopted that the committee found helpful, which are:

Secrecy. The association between a voter's identity and vote is secret;

Equality. A voter shall not be able to cast more votes than another, nor be prevented from casting a ballot;

Fairness. Voters and candidates shall be treated fairly and consistently;

Dependability. The election shall deliver an outcome in a reliable and timely manner;

Accuracy. A cast vote must accurately reflect the voter's intended preference;

Correctness. The election outcome must reflect the correct combination of valid cast votes;

Confidence. Voters and candidates must be confident in the correctness of the election outcome; and,

Transparency. The election is to be conducted in a manner that is transparent and accountable to voters and candidates.

While these principles keep with the spirit and intent of current election law in the Northwest Territories, Dr. Essex's presentation flagged how online voting can compromise secrecy, correctness and accuracy, and transparency. Secrecy may be compromised as, using authentication questions, an elector's identity can be determined. Correctness and accuracy may be compromised, as there is no mechanism in place to allow an elector to verify that their vote was correctly counted. Transparency may be compromised, as there are no paper ballots to recount in the event of a disputed result. All of this can bring confidence in the electoral system into question.

Recommendation 1

Due to the work that still needs to happen around online voting, the committee does not recommend creating a new

section in the act splitting online ballots from absentee ballots at this time.

Election Rebate

MLA Julie Green presented to committee on the recommendations from the Special Committee on Increasing the Representation of Women from the 18 th Assembly, which she chaired. One recommendation from the special committee's report was to create an election rebate program. Eight provinces and the federal government all have rebate programs to reimburse candidates for expenses related to running for office.

MLA Green provided the committee with research that had been done for the special committee. She recommended that committee consider a rebate program for candidates of 50 percent of eligible expenses to a maximum of $3,000. MLA Green argued this would reduce barriers to running for office, especially for women. Only money spent by the candidate is eligible to be counted towards the total amount. Any donations received would reduce this amount. A minimum vote threshold of 5 percent of all votes cast should be met. Based on these criteria, MLA Green projected that the total cost of a rebate program for the 2019 election was $50,000.

The committee supports a rebate program with the following criteria:

50 percent of eligible expenses with a maximum rebate amount of $3,000 per candidate;

A candidate must receive a minimum of 5 percent of votes cast in that electoral district;

A candidate's official agent must file their complete financial paperwork by the deadline;

Acclaimed candidates would also be eligible for a rebate;

Only those cash expenses incurred by the candidate and not offset by fundraising are eligible, and the committee recommends that alcohol and cannabis be excluded as eligible expenses; and

The CEO shall include in the report on the administration of the election details on how much the election rebate cost for that election.

The committee also felt that the limits should be examined after each election, as part of the review of the CEO's report.

Recommendation 2

Register of Electors

The CEO recommended email addresses be included in the Register of Electors. As noted by our predecessor committee, the collection of electors' email addresses is potentially a useful tool in improving the list of electors. However, committee cautions that Internet service and use of email varies considerably from community to community.

The committee heard a concern from Mr. David Wasylciw about the potential use of email addresses and how privacy rules apply. The committee recommends that use of electors' email addresses should be restricted under

Section 54(5) of the Elections and Plebiscites Act, ensuring they are not provided to candidates or used to send general information.

Recommendation 3

The Standing Committee on Rules and Procedures recommends that "email address" be included under

Section 54(2) of the Elections and Plebiscites Act. Further, that email addresses should only be used to maintain or update the Register of Electors and not be shared with any candidate.

The CEO also recommended that

Section 55.1(1.1) be amended to include dates of birth and citizenship in the list of information to be provided to the CEO by the Director of Medical Insurance, the deputy minister responsible for student financial assistance, and the deputy minister of Justice. The CEO also recommends that the deputy minister responsible for the Motor Vehicles Act be included in this list.

The committee agrees that information held by government departments should be accessible for the purposes of keeping the Register of Electors up to date. The committee reviewed clauses from other jurisdictions and noted that several used "public body" instead of listing individual departments. This should provide the CEO with authority to request from any department the information needed to update the Register of Electors.

Recommendation 4

The CEO recommended the act be amended to remove the deadline to provide a list of electors to returning officers at least seven days before polling day. While committee recognizes that the list is managed electronically, there should still be a requirement in the act to provide it as soon as possible, as the returning officer is then responsible for providing the list to the candidates for that riding.

Recommendation 5

The Standing Committee on Rules and Procedures recommends that

Section 73 of the Elections and Plebiscites Act be amended to state that the list of electors shall be provided to candidates as soon as possible.

The CEO recommended deleting the requirement to publicly post the list of names of electors who have been struck off this list. The committee reviewed legislation from other jurisdictions and noted that, elsewhere, it is restricted as to who may make the request to delete someone or puts requirements on the returning officer to make all efforts to contact the individual in question. Committee feels that deletions from the Register of Electors should be made public to ensure electors are not wrongly removed.

There are also recommendations around striking names from the voters' list for those who have applied for absentee ballots. While committee understands the list is maintained electronically, there is still a need to keep in legislation the requirement to strike names from the list and a way for those who have applied for an absentee ballot to revoke that application.

Mr. Wasylciw recommended that an enumeration take place prior to the 2023 election. The committee notes that, while enumeration remains an option available to the CEO, it is an expensive one. Members found the lists in 2019 were improved over 2015. Mr. Wasylciw also recommended that the residency requirement be dropped to four months from the current six months. The committee notes that the residency restriction was dropped to six months following the 2015 election and is now in line with most other jurisdictions.

Indebtedness

The CEO recommended the committee review and consider an amendment to prevent someone from running for office if that person owed a debt to the government. There is a similar restriction in the Local Authorities Elections Act, which governs municipal elections. However, territorial elections fall under

Section 3 of the Canadian Charter of Rights and Freedoms, which states: every citizen of Canada has the right to vote in an election of Members of the House of Commons or of a Legislative Assembly and to be qualified for membership therein.

The committee sought a legal opinion from the law clerk on whether an amendment as suggested by the CEO would be constitutional. The law clerk believed such an amendment would violate

Section 3 of the Charter but noted that the question is whether the violation can be justified. A Charter infringement can be justified where the following test is met:

The law creating the infringement must have a pressing and substantial objective;

The means chosen to meet that objective must be proportionate, in that:

They are rationally connected to the law's objective;

They limit the Charter right in question as little as reasonably possible in order to achieve the law's objective; and

The law's positive effects are proportionate to its negative effect on the affected Charter right.

It is unclear what such an amendment would do to protect the integrity of the electoral system. The CEO noted that some people had raised concerns with the lack of consistency in the two election acts. This alone would not justify the infringement. Municipal elections are not subject to the Charter and can have different requirements for eligibility. The committee received no public submissions in support of an amendment, and the committee does not support pursuing an amendment.

MLA Simpson (Hay River South) recused himself from all discussions on this recommendation.

Liquor Sales

Committee had a long discussion about repealing the prohibition on liquor sales while polls are open. Committee discussed the ongoing concerns with alcohol in many communities, including the restrictions put in place as a result of the COVID-19 pandemic. There were no public submissions that addressed the sale of liquor.

Absent a more thorough public review of liquor and legal drugs, the committee believes public support for removing the prohibition would be mixed. The committee instead proposes that the act be amended to also include a prohibition on the sale of cannabis on polling day.

Recommendation 6

The Standing Committee on Rules and Procedures recommends that

Section 121 and

Section 309 of the Elections and Plebiscites Act be amended to include a prohibition on the sale of cannabis during the hours a poll is open on polling day.

Recommendation 7

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to expressly prohibit liquor and cannabis as campaign expenses.

Multi-District Polls

The CEO has recommended that the sections of the act dealing with multi-district polls be repealed, as they were not well used in 2015 and not used at all in 2019. The committee noted that, in 2011, the previous CEO spoke highly of the multi-district polls held that year.

During committee's discussion, Members noted there was nothing in the act requiring a multi-district poll to be held. It is one option out of many authorized in the act. As such, the committee does not recommend removing this as an option for future elections.

Polling Place

The CEO recommended including "image capturing device" as a prohibited item in a polling station. This is in addition to the already banned use of a cell phone, computer, or other communication device. Mr. Wasylciw recommended that the legislation ban the taking of photos or videos but not specific devices.

Committee agreed no one should be allowed to photograph or film a polling station. It was then discussed whether texting should be banned. The committee felt that the purpose of this

section is to ensure the secrecy of the ballot and to maintain peace and order at a polling station. For example, the rule prevents someone from speaking on the phone and disturbing others. It would also prevent someone reporting back to a campaign when someone has voted within earshot of other voters. However, committee believes someone should not be penalized for handing a phone to a child to keep them occupied while the parent waits to cast a vote. Therefore, committee recommends:

Recommendation 8

The CEO also recommended that a candidate's polling agent be barred from assisting an elector in marking a ballot. Committee agrees this is a reasonable restriction. Polling agents are there to monitor the election, not to assist anyone in voting.

Recommendation 9

Mr. Wasylciw raised the possibility of allowing electors to vote for their home electoral district from any polling station in the territory. Mr. Wasylciw argued that in communities with multiple polling districts, an elector who went to the wrong polling station would not likely go to the correct location. The committee is uncertain what impact this could have on vote counting, especially in cases where votes cast in another community would have to be shipped back to their home polling district for counting. This could have an impact on announcing the results on election day. Therefore, committee recommends:

Recommendation 10

Mr. Wasylciw also recommended there should be enhanced election day advertising and signage with polling locations in accessible buildings. The committee encourages Elections NWT to use more signage to indicate where polling stations are located and to ensure polling stations are accessible to all voters.

Election Witnesses

The CEO recommended that the act be changed to no longer require two electors to be present during the counting of ballots if no other witnesses are present. The CEO recommended that a new position, a counting clerk, be created as an election official.

Committee reviewed legislation from across the country, and noted several provinces and Canada still require electors to act as witnesses if no candidates or their representatives are present. However, the committee agreed that finding electors to witness the count can be difficult. The CEO flagged that some candidates' polling agents, who under the act are not entitled to be paid to witness the count, felt they were entitled to be paid as they were taking the place of witnesses. Committee agreed this behaviour is not acceptable.

Committee found the language under

Section 119 of British Columbia's Act to be helpful; requiring a voting officer and one other official, with candidates permitted one representative each.

Recommendation 11

Financial Reports

The CEO recommended changing the act to allow for electronic filing of a candidate's financial report. The committee agrees that official agents should be allowed to file paperwork electronically.

Recommendation 12

The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to allow for a candidate's financial report to be submitted electronically.

Special Voting Opportunities

Mr. Wasylciw noted that anyone who chose to vote early in the office of the returning officer was provided with a write-in ballot. This ballot did not have the photos of candidates on it. This raises the possibility that an elector with low literacy skills may not be able to cast their vote independently. Committee noted that the change to allow for voting the day after nominations closed was made following the 2015 election to expand opportunities to vote. While the committee supports expanded voting opportunities, it believes advance voting ballots should match those used on polling day.

The committee proposes changing when voting in the office of the returning officer starts, from 24 days before polling day to 21 days. This would allow ballots to be printed with candidates' names and photos, as laid out under

Section 110(3) of the act.

Recommendation 13

The Standing Committee on Rules and Procedures recommends that

Section 144(1) of the Elections and Plebiscites Act be amended to allow for voting in the office of the returning officer to commence on the 21 st day before polling day.

The CEO recommended removing the legislated timeframe to apply for an absentee ballot, currently set at 10 days before polling day. The CEO suggests it be changed to a date and time to set by the CEO. Committee notes there are other specific timeframes in the act related to absentee ballots, notably when to apply to cancel that ballot and be reinstated in the Register of Electors as not having voted. Committee also reviewed previous recommendations and noted that in 2011 concerns were raised about leaving the application period open too close to polling day, as mailed absentee ballots may not arrive on time.

While this is not a risk with online voting, 10 percent of all absentee ballots were still mailed, predominantly from small communities. Committee chose not to make a recommendation for this reason.

Mr. Wasylciw recommended allowing mail-in ballots to be counted provided they are post-marked by polling day, not just received. While this process is used in other jurisdictions, most notably in some states in the recent American election, it is not a change committee is ready to endorse. The committee does encourage Elections NWT to ensure voters applying for absentee ballots are told of the requirement to have the ballot received by Elections NWT by polling day, not mailed on that day.

Recall Legislation

Both the CEO and Mr. Wasylciw recommended consideration be given to recall legislation. British Columbia is the only Canadian jurisdiction with recall legislation, and since 1995, there has been only one petition with enough signatures to trigger a recall election. The MLA in question resigned prior to this happening. BC requires 40 percent of eligible voters in the electoral district to sign a recall petition. Alberta indicated it would introduce recall legislation, but it has not done so yet.

The committee notes that the purpose of recall legislation is not to overturn the results of an election because one candidate lost but to address concerns about an elected Member's conduct. The committee points to the new code of conduct, which empowers residents to raise concerns with the Integrity Commissioner if a Member is not seen as doing his or her job, has behaved in a way that does not uphold the integrity of their office, or if the Member is in a conflict of interest. The Integrity Commissioner has the power to investigate and to convene an inquiry under a sole adjudicator if the concern warrants it. A sole adjudicator can recommend that a Member be removed from office.

Due to the broad scope the Integrity Commissioner has to start an investigation, the committee feels this is a more prudent use of public funds to deal with a concern around a Member's conduct than a costly and time-consuming recall election and subsequent by-election.

The committee notes that information pertaining to the code of conduct must be provided to all candidates. While the CEO has recommended that her office should not be required to circulate this information, committee believes the CEO is the best person, as she is responsible for providing other documents to prospective candidates as part of the nomination process.

Open Data

The committee heard a submission from OpenNWT, a non-profit organization dedicated to the principles of open government in the Northwest Territories and making government-held data more accessible.

OpenNWT recommended that Elections NWT should follow the GNWT practice of advertising public procurements and disclose awarded contracts. Committee agrees that, as an agency funded by the Legislative Assembly, Elections NWT should follow the same procurement practices as the Assembly does. Contracts, what process was used to award those contracts, and the amounts for each contract should be disclosed in the Elections NWT annual report.

Recommendation 14

OpenNWT also noted that the information included in the Elections NWT reports varies from election to election, both in style and content. Committee agrees that a consistent reporting format is required to better allow for analysis of election trends, including around the use of absentee ballots and the rate of return of those ballots. OpenNWT also argued that the act should be changed to require information about each poll and when a poll should be combined with another. Committee feels there needs to be more work done in this area and, therefore, makes the following recommendation:

Recommendation 15

OpenNWT also recommended that election information be posted in an open, machine-readable format. Committee agrees doing so would be beneficial.

Recommendation 16

The Standing Committee on Rules and Procedures recommends that Elections NWT post all election data that is included in its reports in a machine-readable format on the Elections NWT website.

Other Recommendations

Although not addressed in the CEO's report or raised in any submissions, committee discussed the possibility of security concerns surrounding the public disclosure of a Candidates residential address as required by the act. In many smaller communities, the residential address of Candidates may be common knowledge among residents; however, this may not be the case in larger centres. Further, the perceived security risk associated with the disclosure of one's residential address may be a disincentive for some towards putting their name forward for election.

Recommendation 17

The CEO recommended that a returning officer should not be able to appoint "Additional Assistant Returning Officers" if they are a family member of the returning officer. Committee notes that the act does not define an "Additional Assistant Returning Officer." Under

Section 24(2), an assistant returning officer is already excluded from being appointed by a related returning officer. To ensure there is no room for confusion the committee makes the following recommendation:

Recommendation 18

The Standing Committee on Rules and Procedures recommends that

Section 24(4).

The CEO also recommended excluding any relation of a candidate from serving as an assistant returning officer. While the committee supports ensuring the integrity of the electoral process, it also notes the CEO's admission that finding election workers in small communities is a challenge. Given the close-knit nature of our communities and that this concern appears to be hypothetical, committee does not support limiting the pool of potential election workers at this time.

The CEO recommended that official agents be included under

Section 78(

b) with the rationale that agents should be bound by the same restrictions as election officials, candidates, MLAs, and other governments. This

section releases these people from following the Access to Information and Protection of Privacy Act. As a result, the committee believes the list should not be expanded to include official agents.

As polling station accounts are captured in an electronic format, the CEO recommended that

Section 205(

e) be deleted. Committee notes that

Section 205 does not refer to polling station accounts as paper or physical forms but requires the polling station account to be transmitted to the Chief Electoral Officer in the manner that he or she may direct. After seeking a legal opinion from the Law Clerk, committee is of the view that deleting

Section 205(

e) would have the effect of removing the requirement to submit the poll station account to the CEO in a return; as such, committee recommends that

Section 205(

e) should not be deleted.

OpenNWT recommended lowering the campaign spending limit to $20,000, with a $10,000 travel amount for those ridings with multiple communities. Committee notes that no campaign in the 2019 election spent the existing $30,000 limit. Most winning campaigns spent well under $20,000. Committee is concerned that in some ridings, travel costs could exceed $10,000, and feels the existing limit allows for more flexibility for candidates.

OpenNWT also recommended looking into changing the voting system from the current "first past the post" to "ranked voting," where electors would rank the candidates instead of choosing one. Committee feels that such a change would require extensive public consultation and is not prepared to make a recommendation.

Mr. Wasylciw recommended that Elections NWT be mandated to study the impact of expanded voting opportunities on election campaigns and to run sessions for potential candidates or official agents to provide information on the campaign process and the requirements under the act. The committee notes the video materials produced in advance of the last election to inform official agents and candidates of their role and encourages Elections NWT to continue this work.

The committee does not wish to place Elections NWT in a position where their independence could be questioned by having Elections NWT responsible for researching impacts on political campaigns or to be responsible for informing political candidates outside of materials already required under the act.

The committee found certain recommendations from the CEO went beyond the administration of the election and touched on political considerations. The committee feels that the independence of the Office of the Chief Electoral Officer requires that the office not only act in a non-partisan, apolitical manner, but also be seen as such. If Elections NWT receives political complaints about candidates, committee advises that the appropriate response from that office is to redirect the complainants to the Members of the Legislative Assembly or the Integrity Commissioner, as appropriate.

Housekeeping

The CEO has recommended a few amendments to the Elections and Plebiscites Act dealing with typos or out-of-date provisions. One was fixed as part of the Miscellaneous Statute Law Amendment Act 2020. During the committee's review of the act, two more errors were found. As such, committee recommends that the act be amended to:

Amend

Section 119(4) to remove a reference to the now deleted provision

Section 195(3)(

a) Amend

Section 142(2) to remove requirement of a paper copy of the list of electors for a polling division being placed in the ballot box, it need only be provided to the deputy returning officer.

Amend

Section 195(5) to remove a reference to an envelope containing the polling station account

Amend

Section 309(2) to reference

Section 121(b), which deals with the sale of liquor, and not

Section 129(b).

Recommendation 19

The CEO has also recommended that the Elections and Plebiscites Act be repealed and replaced, and if that is not achievable, then it should have a statutory review every seven years.

Committee notes that the act is reviewed as a matter of course after every election and that it has been amended 11 times in the last 10 years, largely in response to recommendations stemming from the CEO reports on election administration and the public hearings from committee's review of that report. It is committee's view that replacing the act or imposing a statutory review is not required.

Mr. Wasylciw recommended that changes to the Elections and Plebiscites Act be subject to the same consultation and public review as other legislation. The committee notes that public input is taken as part of committee's review of the CEO report, and the committee makes its recommendations following that review. This report addresses all the recommendations committee received, along with reasons as to why a recommendation is being made or rejected.

Conclusion

The committee wishes to thank the CEO, Dr. Essex, Dr. Goodman, MLA Green, OpenNWT, and Mr. Wasylciw for making submissions that informed committee's review and the recommendations made in this report. This concludes the committee's review of the Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election.

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Committee Report 9-19(2): Report on the Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election

Reports Of Standing And Special Committees

Page 2026

The Speaker

Frederick Blake Jr.

Member for Frame Lake .

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Motion to Receive Committee Report 9-19(2) and Move into Committee of the Whole, Carried

Reports Of Standing And Special Committees

Page 2026

Kevin O'Reilly

Frame Lake

Merci, Monsieur le President. I move, seconded by the honourable Member for Nahendeh , that Committee Report 9-19(2), Standing Committee on Rules and Procedures Report on the Chief Electoral Officer's Report on the Administration of the 2019 Territorial General Election, be received and moved into Committee of the Whole for further consideration. Mahsi, Mr. Speaker.

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Motion to Receive Committee Report 9-19(2) and Move into Committee of the Whole, Carried

Reports Of Standing And Special Committees

Page 2026

The Speaker

Frederick Blake Jr.

Thank you. The motion is in order and is nondebatable. All those in favour? All those opposed? Any abstentions? The motion is carried.

---Carried

The report will be moved into Committee of the Whole. Thank you. Reports of standing and special committees. Item 7, returns to oral questions. Item 8, acknowledgements. Item 9, oral questions. Member for Thebacha .

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

Frieda Martselos

Thebacha

Thank you, Mr. Speaker. The Department of Justice recently completed a corrections service workplace assessment. Can the Minister explain how he is going to address the toxic and unhealthy workplace in the corrections system as described in this report, to ensure that our government will help to rehabilitate our incarcerated Indigenous people so that they can take charge and make changes in their lives? Thank you, Mr. Speaker.

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

The Speaker

Frederick Blake Jr.

Thank you, Member for Thebacha . Minister of Justice .

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

R.J. Simpson

Hay River North

Thank you, Mr. Speaker. As the Members are aware from the numerous times that I have addressed this in this House, this is a project that I am keeping a close eye on because it is so vital to the hundreds of staff in the corrections system as well as the inmates and their families and their futures.

One of the things that came out of the assessment was the creation of a working group with senior management from the Department of Justice, the human resources people from Finance, as well as the UNW. A working group at this level has never been assembled before. The union has never had that type of input into these changes before. This is something that is different than the past, and it's something that I think is really going to give some force to the changes that we hope to implement.

Together, that working group is developing an accountability framework, something that they can be held accountable to, that everyone can be held accountable to, and will really guide the work going forward. After the initial report, there was engagement between the staff and senior managers. There was going to be initial engagement based on what was previously heard so that we could focus on developing solutions. These are solutions that are not just from the top handed down. These are solutions coming from the ground up in collaboration with management.

Another of the changes is that there is going to be a review of operational schedules, including the movement of inmates, which is to address safety concerns that have been brought forward. There is going to be a new software system to coordinate training, recertification, all of those things. That was an issue. There is a renewed focus on retention and retainment. One of the big things is just enhancing the lines of communication, ensuring that management gets on the floor and that they talk to staff.

That was one of the big takeaways, and one of the easiest things to remedy, just opening up those lines of communication. I have been following up with my department to ensure that these things are happening because, like I said before, I don't want this to be a report that just sits on a shelf. I want it to result in action. Thank you, Mr. Speaker.

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

Frieda Martselos

Thebacha

Will the Minister consider reinstating some of the programs that previously helped inmates rehabilitate back into society? Can inmates once again do activities such as cutting grass, shovelling snow, or work regular jobs during their stay, or attend Aurora College to advance their education?

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

R.J. Simpson

Hay River North

Immediately following the beginning of the pandemic, all of those types of programs stopped. However, in July of 2020, they were reinitiated. That work has been going on in certain places. However, I note the Member is concerned that the work isn't happening in her community. Some of the things that need to be considered are basically public safety. There are always assessments of offenders. It depends on who is at the facility at that time. This is something that I am following up with further with my department because I know that it has been raised a number of times. I am looking into this specifically, but on the whole, those activities can occur.

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

Frieda Martselos

Thebacha

The workplace assessment report validated all of the concerns of staff within NWT corrections. Until this is corrected in a professional, orderly way, would the Minister agree that no rehabilitation of our incarcerated people will properly take place?

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

R.J. Simpson

Hay River North

I have to disagree with that. I think that, despite the concerns raised by staff, they still have the ability to perform their jobs and help inmates with rehabilitation. I understand that a healthy workplace where people want to be is always conductive to a better job, and so we are working to make that happen.

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

The Speaker

Frederick Blake Jr.

Thank you, Minister. Final supplementary. Member for Thebacha .

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

Frieda Martselos

Thebacha

Lastly, Mr. Speaker, would the Minister ensure that all of the concerns our Indigenous staff brought forward in the workplace assessment are addressed and that our Indigenous staff are heard? Positive solutions must address these staff issues to ensure rehabilitation of our incarcerated people will properly take place. Does the Minister agree with that statement? Thank you, Mr. Speaker.

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

R.J. Simpson

Hay River North

It is my goal to ensure that the concerns brought forward by staff will be addressed. Thank you, Mr. Speaker.

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Question 568-19(2): Inmate Rehabilitation

Oral Questions

Page 2026

The Speaker

Frederick Blake Jr.

Thank you, Minister. Oral questions. Member for Monfwi .

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2026

Jackson Lafferty

Monfwi

Masi, Mr. Speaker. [Translation] I made my Member's statement regarding addictions. Now the government is making money from alcohol, and all that money goes to the GNWT. I am asking these questions today because I will not be here tomorrow. [Translation ends]

My questions are for the Minister responsible for the Northwest Territories Liquor and Cannabis Commission. Mr. Speaker, how can this government reconcile benefitting financially from the substance abuse it is enabling through the $57 million in annual liquor and cannabis sales in this territory? Masi, Mr. Speaker.

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2026

The Speaker

Frederick Blake Jr.

Thank you, Member for Monfwi . Minister of Finance .

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2026

Caroline Wawzonek

Yellowknife South

Thank you, Mr. Speaker. The consolidated revenue fund is the entirety of the budget of the Northwest Territories. That is the money that is spent to do all of the things that the Government of the Northwest Territories does, including funding Health and Social Services, including funding addictions services, including funding housing. It's not misuse. That is really the money that we all, then, come together and decide what we want to do and where we want to allocate it through the budgeting process.

Mr. Speaker, to the extent that there are concerns about the budgeting process as we do the reviews for, in this case, particularly Health and Social Services that has primary responsibility for addictions, perhaps the Department of Justice with respect to the rehabilitation of those who may have run in contravention of the law, then that's the opportunity that we all have as Members to evaluate and review where we want to spend our money. Thank you, Mr. Speaker.

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2027

Jackson Lafferty

Monfwi

[Translation] If we take a look at the money that is coming in, it's in the millions every year. The money goes to the government. We need to take a closer look at contributing some money towards addictions. [Translation ends]

Mr. Speaker, my next question to the Minister is: why doesn't this government link its addictions treatment spending directly to the millions it rakes in from the retail sales of these intoxicants? Has the Minister considered allocating a certain percentage, possibly 1 or 2 percent, of the revenues earned on an annual basis towards addiction programming or after-care programming?

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2027

Caroline Wawzonek

Yellowknife South

I certainly do appreciate the attempt to solve what is obviously a huge problem for the Northwest Territories. As far as earmarking, though, and taking a specific amount that is within the Department of Finance, under the Northwest Territories Liquor and Cannabis Commission and the sale of liquor, the challenge with earmarking what would otherwise be going into the consolidated revenue fund is that it actually reduces the ability to be flexible that we all have about how we spend all of the money to achieve all of the priorities and the mandate of the Government of the Northwest Territories.

That said, Mr. Speaker, what is happening right now are two things. There is a review that is about to begin with respect to the liquor act. There is also, happening right now, work to develop an alcohol strategy within the Department of Health and Social Services, and the two departments are working together.

To the extent that the Department of Finance does alcohol prevention and misuse prevention activities, that does fall within our mandate. Mr. Speaker, I will look at the amount that we spend on that. I can commit to doing that, and I can commit to coming back and seeing if there are further activities that we can undertake there and, aside from that, continuing to do work with the Department of Health and Social Services.

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2027

Jackson Lafferty

Monfwi

I'm glad the Minister is recognizing the huge challenges that we are faced with addictions here in the Northwest Territories. It's a real issue. We need to be dedicating our resources, allocating funds towards that, meaning that we should be taking a certain percentage out of the revenue generated on an annual basis. We need to think outside of the box. We have always said this government is doing things differently. Well, show it. Show the territory that we can do that.

Mr. Speaker, what has the Minister learned from those more enlightened jurisdictions? Other jurisdictions are allocating a certain percentage, a dedicated statutory share of liquor and cannabis profits, to addictions treatment. Why couldn't we follow this practice that is already in place in other jurisdictions?

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2027

Caroline Wawzonek

Yellowknife South

We are on track to deliver on a pressing review about the structure of the pricing of alcohol in the Northwest Territories. As I say, it's on track. It's coming back in March. As soon as I have the information put together, that will demonstrate what, in fact, is happening in other jurisdictions, what best practices there are available, and at that point, we can make a decision based on that information as to whether or not there are best practices that we aren't following and go forward from there.

Mr. Speaker, at this point, if we were to earmark a certain percentage, my concern, of course, is: are we giving the right amount to Health and Social Services to do their work in terms of alcohol prevention? Are we giving them enough, and are we giving it to them at the right time when they are ready to utilize it effectively? Should it be going somewhere else, like to Indigenous governments? Should it be going to the communities? Having it part of the budgeting process that we are here for right now is the best way for us to all have that conversation and have that debate about where and how much to spend.

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2027

The Speaker

Frederick Blake Jr.

Thank you, Minister. Final supplementary. Member for Monfwi .

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2027

Jackson Lafferty

Monfwi

Masi, Mr. Speaker. [Translation] Right now, all of these issues are under the Minister of Finance , how the money and where the money is going. She is the person who makes these major decisions. This is the reason why I'm asking the Minister of Finance . Right now, under Canada, with alcohol, money that we are getting, all that funding we do get, I would like to see the percentage in each department, how far and how much can we get for each department regarding the addiction money that we will get from finance. [Translation ends]

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2027

Caroline Wawzonek

Yellowknife South

If I have understood correctly, there is a request to ensure that we are properly reporting back on how much has come in in terms of any revenue, any actual profits, revenue from sales, and then to determine where that goes. If I understand correctly, that is very difficult. I mean, that goes into the consolidated revenue fund, and it is distributed to every department. As for which percentage goes for addictions treatment, again, we would involve the Department of Health and Social Services, which is certainly the lead on addictions services, with some supports to housing and some supports from Justice.

I will go away and look back at Hansard and see what I can come back with. If there is information I can collect, I certainly will, but to the extent that it is the money of the consolidated revenue fund, then it's the money that is spent by all the departments on addictions, which is in the main estimates which we are reviewing right now. Again, we will do our best to put some information together, Mr. Speaker. Really, that is what this purpose is to me with main estimates review, is to look at where we spend all of the money of the Government of the Northwest Territories and make sure it's meeting the needs of the people of the Northwest Territories. Thank you, Mr. Speaker.

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Question 569-19(2): Addictions Treatment Program

Oral Questions

Page 2027

The Speaker

Frederick Blake Jr.

Thank you, Minister. Oral questions. Member for Hay River South .

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Question 570-19(2): Crown Corporation Boards of Directors

Oral Questions

Page 2027

Rocky Simpson

Hay River South

Thank you, Mr. Speaker. The questions are for the Minister responsible for the Northwest Territories Power Corporation , and the questions are just a formality because I am sure that she is going to agree with me. Mr. Speaker, with all due respect to the Minister and her department, can the Minister explain how the NWT Power Corporation is expected to be arm's length and provide oversight when we are using senior bureaucrats as a board of directors to oversee management and strategic direction? Thank you, Mr. Speaker.

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Question 570-19(2): Crown Corporation Boards of Directors

Oral Questions

Page 2027

The Speaker

Frederick Blake Jr.

Thank you, Member for Hay River South . Minister responsible for the Northwest Territories Power Corporation .

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Question 570-19(2): Crown Corporation Boards of Directors

Oral Questions

Page 2027

Diane Archie

Inuvik Boot Lake

Thank you, Mr. Speaker. Governance and accountability for the Northwest Territories Power Corporation has been a long-standing issue for the GNWT, and several reviews have been done, completed over the last 10 to 12 years. The use of senior bureaucrats as a board was an interim measure while looking at a comprehensive review and also building on all the past reviews that have been undertaken. I admit this work is not proceeding as fast as we would like it to. I currently have a request in with Standing Committee on Government Operations to discuss some potential NTPC governance structures. Mr.

Speaker, we need to get this right. We need to figure out how to make any NTPC board structure accountable to me as Minister and to the Legislative Assembly. Thank you, Mr. Speaker.

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Question 570-19(2): Crown Corporation Boards of Directors

Oral Questions

Page 2027

Rocky Simpson

Hay River South

Can the Minister confirm, during the number of reviews, as to the effectiveness of the board that is made up of bureaucrats versus independent directors, and if so, what were the criteria used?

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Question 570-19(2): Crown Corporation Boards of Directors

Oral Questions

Page 2027

Diane Archie

Inuvik Boot Lake

I think that was two questions, but I will try to get it in one answer. There has been no formal assessment done as to the effectiveness of the current board structure versus the previous board structure. That was his first question. There are advantages and disadvantages of either structure. The important thing, Mr. Speaker, is to come up with a structure that is accountable to ratepayers, the Minister responsible for the Northwest Territories Power Corporation , and the Legislative Assembly without costing an arm and a leg and not having power rates go up to pay for all this.

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Question 570-19(2): Crown Corporation Boards of Directors

Oral Questions

Page 2027

Rocky Simpson

Hay River South

Since I tried to sneak in that extra question, I will just ask one more. The NWT Power Corporation has a series of aging infrastructure along with potential major projects on the books. I would ask for a commitment from the Minister to initiate the process for replacing the current board of directors with persons who have the interests, experience, and time to ensure we properly position NTPC to take advantage of new technology and cost-saving measures as we move forward.

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Question 570-19(2): Crown Corporation Boards of Directors

Oral Questions

Page 2027

Diane Archie

Inuvik Boot Lake

I have stated that there is a review underway, and I am hoping to meet with Standing Committee on Government Operations this session to be able to discuss some options. I do agree with the Member that, whatever board structure we land on, there is a need for independent engineering advice for decision-makers to be able to understand the consequences of any decisions that they have to make. Thank you, Mr. Speaker.

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Question 570-19(2): Crown Corporation Boards of Directors

Oral Questions

Page 2027

The Speaker

Frederick Blake Jr.

Thank you, Minister. Oral questions. Member for Frame Lake .

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2027

Kevin O'Reilly

Frame Lake

Merci, Monsieur le President. My question is for the Minister of Health and Social Services . First, let's establish the position of this government. Does this Cabinet support a national pharmacare program? Mahsi, Mr. Speaker.

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2027

The Speaker

Frederick Blake Jr.

Thank you, Member for Frame Lake . Minister of Health and Social Services .

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2027

Julie Green

Yellowknife Centre

Mr. Speaker, yes.

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2028

Kevin O'Reilly

Frame Lake

While I am on a roll, does this government support the creation of a national program as envisaged on the federal Bill C-213, the Canada Pharmacare Act, and has that position been communicated to our Member of Parliament?

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2028

Julie Green

Yellowknife Centre

This legislation, if it does, in fact, pass through the House of Commons this week, represents a real game-changer toward prescription medications for people in the NWT. Only about 50 percent of our population has pharmacy and medication coverage, so this would take in a lot of people who are currently left out. However, there is a lot of fine print that needs to be negotiated between the federal government and the provincial and territorial governments. Obviously, pharmacare would be a national initiative but implemented by provinces and territories, so there is a lot of detail that needs to be worked out.

Of course, we would not want a boiler-plate system; we would want a system that suits our particular needs here in the Northwest Territories. We would also, of course, want funding that was secure and long-term, that would ensure that, once we start to offer a pharmacare program, we would be able to continue offering it. We are interested in seeing this happen, but we are not at the stage yet of negotiating these details.

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2028

Kevin O'Reilly

Frame Lake

I want to thank the Minister for that. I am not asking the Minister for negotiating the details right now. Does this Cabinet support Bill C-213, and have they communicated their position to our Member of Parliament? He has to vote on this bill tomorrow. Does this Cabinet support Bill C-213, yes or no, and can you communicate that with our MP?

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2028

Julie Green

Yellowknife Centre

As I mentioned before, the Cabinet does support a national pharmacare program represented in this case by Bill C-213. I am not aware about what conversations have happened with the MP about this bill. Thank you.

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2028

The Speaker

Frederick Blake Jr.

Thank you, Minister. Oral questions. Member for Frame Lake .

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2028

Kevin O'Reilly

Frame Lake

Merci, Monsieur le President. I want to thank the Minister for that. If I could respectfully suggest, then, that the Premier pick up the phone and call our MP and say, "Get on this. We support it. Please vote in favour"? However, I want to ask what else our government is actually doing to try to promote a national pharmacare program, so can the Minister answer that question for me? Mahsi, Mr. Speaker.

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2028

Julie Green

Yellowknife Centre

This area has not received the attention it deserves, primarily because it has coincided with the pandemic, and federal and territorial resources have been focused on that. However, the Member may recall that, in October 2020, the federal Speech from the Throne invited provinces and territories to participate in federal, provincial, and territorial discussions on a national strategy for high-cost drugs for rare diseases, and in fact, the NWT has been participating in that dialogue. There is a public engagement going on now on high-cost drugs for rare diseases, and it continues until March 26 th .

A second FPT forum that we've been involved with has to do with increasing our participation in the pan-Canadian Pharmaceutical Alliance. This is an alliance that negotiates with pharmaceutical companies on volume purchases of drugs in order to reduce the costs. Thank you.

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Question 571-19(2): National Pharmacare

Oral Questions

Page 2028

The Speaker

Frederick Blake Jr.

Thank you, Minister. Oral questions. Member for Deh Cho .

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Question 572-19(2): Elder Abuse

Oral Questions

Page 2028

Ronald Bonnetrouge

Deh Cho

Mahsi, Mr. Speaker. The issue of what we term as "elder abuse" has been going on for years. It seems that there is no end in sight. That is, if we can actually do something about the situation the elders are facing regarding elder abuse, whether it be financial or caregiving. My question to the Minister responsible is: can she provide the resources required to stop this elder abuse, and I term it as a pandemic? Mahsi.

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Question 572-19(2): Elder Abuse

Oral Questions

Page 2028

The Speaker

Frederick Blake Jr.

Thank you, Member for Deh Cho . Minister responsible for Seniors.

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Question 572-19(2): Elder Abuse

Oral Questions

Page 2028

Julie Green

Yellowknife Centre

Thank you, Mr. Speaker. Elder abuse is a real and frightening problem in our territory. We are very concerned about it; all of us are concerned about it. What to do about it is not as easy as putting money into a program. It is a set of attitudes that people have towards elders, in which they are neglected and exploited, as the Member said in his statement. We have been having discussions about whether we could strengthen our regulatory environment around elder abuse so there are real consequences for failing to protect elders and for taking advantage of them.

At the moment, what we're doing is all of the run-up steps of a jurisdictional scan and whether we need regulation change or legislation change. In this work, we're working with the NWT Seniors' Society, who are the lead organization on the Network to Prevent Abuse of Older Adults. We are working with them on the potential to provide regulation and/or legislative change which would provide for real consequences for people who are engaged in elder abuse. Thank you.

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Question 572-19(2): Elder Abuse

Oral Questions

Page 2028

Ronald Bonnetrouge

Deh Cho

I thank the Minister for that and the steps that the NWT Seniors' Society is taking, but that society, I rarely hear of them in my community. I was speaking with an elder in my community. They were stating that there was a meeting last fall in Fort Providence, an elder abuse awareness session, but there were no elders in attendance, especially the ones being abused financially and mentally. No one even went out of their way to gather them up or, at the very least, have sessions with them one-on-one at the senior's home or another location. Can the Minister responsible for Seniors provide resources to ensure that every elder is interviewed in total confidence regarding elder abuse?

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Question 572-19(2): Elder Abuse

Oral Questions

Page 2028

Julie Green

Yellowknife Centre

As I mentioned, the NWT Seniors' Society is the lead on the Network to Prevent the Abuse of Older Adults, and they offer a number of workshops called Creating Safer Communities for Older Adults throughout the NWT. The community of Fort Providence invited the NWT Seniors' Society to present this workshop in September of 2020. The workshop was attended by five elders, I'm told; a home support worker; a justice worker; and the elder coordinator. Both the chief and the RCMP also attended part of the workshop. What they tried to do in these workshops is emerge with a plan for how t

Document details

Collection	Northwest Territories — Debates (Hansard)
Citation	2021-02-23, 19th Assembly 2nd Session, pp. 2019–2082
Type	hansard
Volume / chapter	23
Language	en
Format	html
Source	TERRITORIAL
Identifier	44624777009dda577f41b1c5186118cb4b617ed5

Source file is stored in the law ingest library (html).