Human rights bill passes by narrow margin

PATRICIA D’SOUZA

Nunavut MLAs voted narrowly to pass Bill 33, the Human Rights Act, on Tuesday, after more than five hours of heated deliberation on the definition of “sexual orientation.”

Nunavut is the final federal jurisdiction to enact such legislation. But it almost didn’t happen.

Kugluktuk MLA Donald Havioyak and South Baffin MLA Olayuk Akesuk remained undecided for most of the evening, and were the subject of last-minute lobbying by fellow MLAs.

But as a recorded vote was called, Havioyak and Akesuk stood in support for the bill, throwing the vote in the government’s favour, for a final tally of 10-8.

Manitok Thompson was the only cabinet minister to vote against the bill. It is the second time in less than a year that she has publicly opposed a cabinet decision. (The first was the decision to move 13 jobs from Rankin Inlet to Baker Lake. Opposing that decision got fellow Rankin Inlet MLA, Jack Anawak, booted out of cabinet.)

And so far, it’s the second time Thompson has escaped censure for opposing cabinet.

She said she equated homosexuality with pedophilia, and the legacy of abuse by renowned pedophile Ed Horne, who targeted boys, was one of the reasons she wouldn’t support the bill.

She added that if the phrase “sexual orientation” was not included as one of several prohibited grounds for discrimination, then she would vote in favour.

Before the final vote, Nanulik MLA Patterk Netser introduced a motion to remove “sexual orientation” from the bill. It failed 7-9. Akesuk abstained, and the chair of the committee did not have a vote.

Netser said he too would vote for the bill if the motion passed, but it failed mainly because Susan Cooper, the assembly’s law clerk, told MLAs legislation that omitted “sexual orientation” wouldn’t survive a court challenge.

“Sexual orientation is not translatable into the Inuktitut language. The courts are discriminating against us for our language,” Thompson said.

But many Inuit say there are traditional Inuktitut terms to describe gays and lesbians – and what’s more, that there are gay and lesbian Inuit.

“One of the saddest observations I make from time to time is that of seeing someone make loud and long statements which are in themselves clear demonstrations of hate toward this minority group, without ever stopping to think who they might be,” said Jack Anawak, MLA for Rankin Inlet North.

“In many cases, the people doing this did not even know that many of their own relatives, friends, co-workers and neighbours were gay, bisexual or transgendered.

“Yes, the group that many have targeted are in fact our own sons and daughters, nieces, nephews, sisters and brothers, close friends and colleagues whose lives we made absolutely miserable through our rhetoric, judgment and total ignorance.”

While rhetoric and judgment were certainly part of the debate, ignorance was at its heart. Many MLAs admitted they had not even read the legislation in front of them.

“I am just as misinformed and ignorant about this bill as a lot of Nunavummiut. But I have a lot more information about this bill than I had an hour ago,” said Tunnuniq MLA Jobie Nutarak.

Uqqummiut MLA David Iqaqrialu, chair of the standing committee, blamed the government for not educating the public. Premier Paul Okalik, who introduced the bill, blamed the standing committee for not conducting community consultations during they year it had to review the legislation.

Predictably, the issue of same-sex marriage clouded the issue of human rights, with many MLAs unable to distinguish between the federal marriage bill, which is before the Supreme Court, and basic human rights

And since, in the absence of territorial legislation, Nunavut is governed by federal human rights legislation and the Charter of Rights and Freedoms, many MLAs couldn’t understand why anything has to change.

“I cannot support this bill as it is because we have greater needs that need attention. Once the needs of Inuit have been addressed – in 10 years or 20 years, then we can start focusing on this type of legislation,” Iqaqrialu said.

Others thought that by voting for a bill that included the term “sexual orientation” they would lend their approval to homosexuality.

“I don’t believe in this bill and I don’t believe we should be legislating this type of activity. It is not our way of life,” said Enoki Irqittuq.

“There may be two or three [gays and lesbians in my riding]. I don’t care if these people don’t vote for me in the next election.”

But concern for re-election was the main reason many MLAs chose to oppose the bill.

“We are no longer representing our people if we will be supporting this bill. I will not support this bill if it is not supported by people in my riding,” said Akulliq MLA Ovide Alakannuark.

Others fared better in the struggle between conscience and constituents. “I do have my own mind, and of course I have to listen to the people in my riding. But we have to look to the future and what we can do for our people,” said Akesuk.

And there were other heartening moments in the debate.

After deciding in advance not to address the assembly, Baker Lake MLA Glenn McLean couldn’t hold back. “I look around this room and I see all the poppies. Why are we wearing the poppies?” he said.

He told MLAs he lost two uncles in the Second World War, a war fought to end the monumental hatred and discrimination faced by a select group of people.

“I will be supporting the bill,” he said.

“If we’re not going to take ownership of this type of legislation, our children and grandchildren will face the abuse we felt in the past. We need to vote for this bill so our children can avoid mistreatment in the future,” said Hudson Bay MLA Peter Kattuk.

“This legislation can only benefit our people.”

How they voted

Bill 33, the Human Rights Act, was introduced in the legislative assembly almost exactly one year ago by Premier Paul Okalik, the minister of justice.

It received first and second reading in October 2002 during the Pangnirtung sitting.

But before it could receive third reading this past Tuesday, MLAs called for a recorded vote. That means their names and votes become part of the public record.

All MLAs are eligible to vote, including the chair of committee of the whole, who moderates debate on the bill, and the minister who introduced the bill. The speaker may be called upon to cast the deciding vote in the event of a tie.

The most recent recorded vote was held this past March in a motion to remove Jack Anawak from cabinet.

Ten voted in favour:Paul Okalik, Iqaluit West; Kelvin Ng, Cambridge Bay; Peter Kilabuk, Pangnirtung; Peter Kattuk, Hudson Bay; Ed Picco, Iqaluit East; Olayuk Akesuk, South Baffin; Jack Anawak, Rankin Inlet North; Hunter Tootoo, Iqaluit Centre; Glenn McLean, Baker Lake; Donald Havioyak, Kugluktuk

Eight were opposed: Ovide Alakannuark, Akulliq; Enoki Irqittuq, Amittuq; Patterk Netser, Nanulik; Rebekah Williams, Quttiktuq; Jobie Nutarak, Tunnuniq; Uriash Puqiqnak, Nattilik; Manitok Thompson, Rankin Inlet South-Whale Cove; David Iqaqrialu, Uqqummiut