Jennifer Pritchett
Northern News Services

NNSL (Nov 02/98) - Politicians are touting the territory's new family law legislation as progressive and long overdue, but not everyone is pleased with the reforms that exclude same-sex couples.

Yellowknife resident Zoe Raimer said by excluding same-sex couples from the definition of spouse, the legislation doesn't protect the rights of all people.

"When you deliberately exclude someone, you're excluding them from the legislative process," she said.

This, she said, is particularly disappointing because legislators had the opportunity to change the laws to include everyone, but chose to exclude a sector of the population.

The Family Law Act and the Children's Law Act became law Nov. 1 and, together with the Child and Family Services Act and the Adoption Act, replaced existing family laws. Officials in both the Justice and Health and Social departments had been working on the changes since 1988.

Justice Minister Goo Arlooktoo insisted, in a press release last week, he is pleased with the new laws even though they had been a long time coming.

"This is the overhaul that was needed," he said. "These new laws better reflect the Northern reality and ensure the rights of all NWT residents are protected."

Not true said Raimer, who had been involved in the public consultation process to develop the new laws.

"That's blatantly untrue," she said. "There's no reason why we can't be in the same position as other couples."

When the motion to amend the definition of spouse to include same-sex couples came up in the legislative assembly Oct. 10, 1997, it was defeated.

Raimer, who, with other members of Yellowknife's gay/lesbian association Out North, had been present for the debate, said legislators ignored their concerns.

Gerry Sutton, assistant deputy minister of justice, said the GWNT is waiting to see the outcome of the Supreme Court case in Ontario before it includes same-sex couples in the territorial laws.

"We'll take our cue from the Supreme Court...amendments can be made," he said.

If Ontario includes same-sex couples, so will the GNWT, he added.

Raimer isn't happy with that reason.

"Well, there's a lot of mights and maybes," she said. "But it's the duty of legislators not to follow the actions of the courts, but to do it themselves. And then, by virtue of their actions, they protect the rights of all people."

But, this new legislation fails to do that.

Raimer, who hopes the law will be amended, said it's too bad the NWT couldn't have taken the opportunity with the new laws to be truly progressive. She is, however, encouraged by the fact that the NWT will eventually catch up with the rest of the country.

"Times are changing -- laws are changing across the country and they will change here," she said. "But, I wish it was sooner than later."