IQALUIT - Nunavut's child support payment legislation is the weakest in the country and that may be serving as a draw for parents on the lam, says a consultant working on proposed changes to the territory's Maintenance Orders Enforcement Act.

Sandra Inutiq, legal counsel for the Nunavut Department of Justice, gives a presentation during a public consultation on proposed changes to the Maintenance Orders Enforcement Act, which governs child support payments. - Chris Windeyer/NNSL photo

"There is the possibility that people could be coming into Nunavut as a safe haven," said Jessica Lott during a consultation on the changes held in Iqaluit Thursday.

Nunavut's child support legislation lacks teeth and was largely "photocopied" from a law dating back to 1988 and a pre-division NWT government. That prompted the Justice Department to hold public consultations on new legislation in Cambridge Bay, Rankin Inlet and, last week, Iqaluit.

Nunavut's legislation lacks many of the provisions found in other Canadian jurisdictions, such as suspending drivers licenses if child support payments aren't made. Other proposed changes would allow officers of the maintenance enforcement program access to more personal information of parents in arrears and give them the ability to seize assets.

There are 260 active child support files in Nunavut and $2.7 million worth of payments in arrears. Two thirds of those behind on their payments owe more than $1,000.

But in a territory where many of those who owe support payments are cash poor and have limited employment prospects, many of those at last week's consultation urged department officials to strike a balance between ensuring payment and placing undue hardship on the payor.

"As Inuit, we don't want to put hardship on our fellow Inuit," said one woman who addressed the meeting.

Lott said one possible change would make it a criminal offence for either side in a child support dispute to lie to the maintenance enforcement program, so that settlements would "reflect current financial reality for both sides."

Another woman wanted to know if there are ways to collect support from parents who can't or won't find work. Any support is helpful, especially when younger children are involved, she said.

"Their lives are being torn up," he said. "Maybe they can be helped in other ways besides giving money."

Justice officials have proposed the suspension of hunting and fishing licenses but many in the room felt that would only make it harder for parents to help make support contributions. Lott also said such penalties might conflict with hunting and fishing rights contained in the Nunavut Land Claims Agreement.

She also acknowledged a proposal to allow parents to make payments with carvings or country food would present its own problems, such as determining who decides the value of carvings and the fact that payees need cash to pay their bills.

"Kids can't eat carvings," she said.

Lott's report to the Justice Department is expected March 31. It isn't yet known when changes to the system would become law.