Friday, November 26, 1999
The mining industry has always been one of boom and bust. Fluctuating prices, unexpected mineral finds and global politics all play a part in determining the price of commodities such as gold.
Governments try to counterbalance the effect of the unpredictable market on local economies with legislation such as a mandatory 12-week warning of massive layoffs.
However, in the case of the financial collapse of Royal Oak Mining Inc. and the subsequent closing of Giant Mine, it seems that well-intended territorial legislation and all the signed contracts in the world couldn't save the mine workers from being let go without severance and without their fully funded pensions.
Bitter? You bet. And with good reason.
When PricewaterhouseCoopers were appointed receivers for the bankrupt Giant Mine, they asked the courts to exempt them from paying into the pension fund.
To that point, according to the Canadian Autoworkers executive, Royal Oak had not been fully meeting its contractual obligations to pay into the pension fund.
The court also ruled against a motion that the GNWT, and by inference, the workers, should have been given 12 weeks notice about the layoffs. This despite the fact that the notice is required by territorial law.
Resources, Wildlife and Economic Development Minister Stephen Kakfwi has asked his lawyers to appeal the decision.
The receivers' job is to act in the best interest of the creditors. In the execution of that responsibility they appear to have acted within the letter of the law.
What the court seems to be saying in its decision is that the protection bankruptcy legislation afforded to mine owners supercedes the protection the Labour Standards Act affords the workers.
If that is indeed the way the law works, then it is time to change it.
It is our hope that the GNWT moves forward with its appeal. If it doesn't, the best we can hope for is that this bitter experience leads to a change in the way workers are treated by the law.
Section 33 of the criminal code rules out a defence based upon intoxication. The section was recently passed by parliament after public pressure even though the Supreme Court of Canada recognized such a defence was grounded in law.
Canadian judges such as Justice John Vertes are bound by the evolving legalities of Canadian justice while Canadian politicians are bound by the wishes of the people.
In the middle are victims seeking justice and defendants exercising democratic rights. There is bound to be further public outcry on behalf of the victim, which is a good thing, but we doubt the courts will be moved.
Enacting laws based on public outrage without due consideration of basic democratic freedoms, such as a right to offer up any defence, is even more frightening than a judge making bad decisions.
Students at Sir John Franklin were able to get some vital experience on voting recently.
The school recently signed on to a special program offered through Unicef and Election's Canada. The program allowed them to hold a special vote aimed at promoting the rights of youth.
Youth were asked to consider 10 rights that apply to children the world over and chose the one they felt was the most important.
These rights ranged from protecting a youth's right to basic food and shelter, to the right to have fun.
This exercise was not only an excellent one in getting students geared up for when they hit the voting age, but it also gets the students thinking about the plight of students less fortunate than them in other countries.
Editorial Comment
Daniel MacIsaac
Inuvik Drum
There's been a great deal of response to the comments made by Ernest Pokiak in his guest column "Toward community wellness" (Inuvik Drum, Nov. 11).
Most of it has been negative. Responses by Tuktoyaktuk residents include charges that Pokiak's article sheds only a bad light on the community, exaggerates the degree of social problems found there and even that it epitomizes his "dictatorial" style of leadership.
One caller, who asked not to be identified, spoke of the damage such comments do to Tuk's reputation. No one, however, is under the illusion that social problems are restricted to that community; they exist everywhere and are being addressed with varying degrees of success.
Pokiak's comments represented his opinion and people should be free to express their views. Pokiak should not be damned for calling for action. In fact, he raised many positive points in his column. As an elected leader, however, he must assume the responsibility for helping to turn his words into action and in working with his councillors to achieve that end. It is on that performance that he should be judged.
Making the grade
Inuvik school officials have been concerned about the effect releasing standardized test results would have on the students who wrote them and on their parents. The schools are also concerned about how those results are interpreted by the community at large.
Of course they should be concerned. They should also realize, however, that no one (at least not at this point) is out to point fingers and lay blame. People understand the test was created by southerners, and that cultural, funding and resource issues are different in the North.
Schools in the Beaufort Delta administered the national test on the recommendation of the school board, which was right to find a method by which to compare its academic standing to other boards around Canada. Some people question the value of testing at all, but in the real world -- where grades and records are the main basis for evaluation and acceptance to post-secondary institutions -- it's important that the region sees where it stands.
The results of the test can be used in a positive way. They can show students where they need to improve and help provide instructors with guidelines on designing courses and curriculum.
As Samuel Hearne officials pointed out, this was the first time the students in Inuvik wrote the test, and even that testing experience was also a learning experience.
Editorial Comment
Derek Neary
Deh Cho Drum
Even if Deh Cho MLA candidate Sam Gargan never was a member of the Boy Scouts -- "Be prepared" is their credo after all -- those are words he should bear in mind. He did himself a disservice last week by arriving at the candidates forum so poorly prepared.
As a veteran member of the legislative assembly (he has served four terms) and someone who knew for weeks that he wouldn't be acclaimed as MLA, there's something terribly wrong when he tells the electorate, "I haven't come up with any kind of platform yet." He also revealed that he didn't have any pamphlets. A delay in the pamphlets is understandable, not having a platform is a little more difficult to accept.
He went on to suggest that the forum wasn't a personality contest, instead the candidates should be judged by their vision for the riding. A laudable sentiment. Unfortunately for Gargan, he had no real vision of which to speak.
I called him a few days later. He said he is now more prepared and seemed confident that he had not done any damage to his campaign.
"My chances are not in jeopardy," he said.
Whether voters will be willing to overlook this gaffe remains to be seen. Perhaps they will revert to their long-term memories, recalling what Gargan has achieved in the Deh Cho riding over the past 16 years. To his credit, he's been elected four times previously. If the electorate are willing to give him another mandate based on his past performance, he may pull through. If not, he has a lot of catching up to do.
It's not over
National Addictions Awareness Week has come and gone, but the message conveyed in those seven days has meaning every day of the year. There were a number of brave people who came forward to share their stories during the week. That's commendable. It's the basis upon which groups like Alcoholics Anonymous are formed, allowing those with addictions to relate to others who can truly empathize.
Although it's up to an individual to decide when he or she is ready to give up drinking, doing drugs, gambling, etc., it's up to all of us to be there to encourage them to seek help.
One of the recurring messages throughout the week was "You are not alone." That means not only are there others suffering from the same addiction, there are those who are willing to extend a hand as soon as it's needed. By offering support, we can hopefully help more people speak out as reformed addicts next year.
Be prepared.
Editorial Comment
Darrell Greer
Kivalliq News
The ongoing concerns at Jonah Amitnaaq secondary school in Baker Lake are, indeed, cause for alarm.
Had the light fixture which came tumbling down recently, fallen a mere 10 minutes sooner, our lead story may have been quite tragic.
In addition to falling objects, there are also concerns surrounding the quality of air in the winter and the possible presence of asbestos contamination.
The vast majority of people in Baker seem to agree the school, at 30-plus years, has outlived its usefulness.
Areas where our children's safety, and those of school staff, are at risk are not areas where government should be employing a Band-Aid solution.
The fact a new school for Baker was included in capital plans until it was removed recently is even more disturbing.
What kind of message is our government sending the young students of this school?
That their safety doesn't matter? That they're second-class citizens who should be quite willing to accept they attend an inferior structure for a school?
Not only does this situation affect the kids psychologically as far as their safety is concerned, imagine the struggle school administrators face in trying to create any semblance of school spirit or positive atmosphere.
With the school getting yet another quick fix and clean bill of health -- as was the case three months ago before this recent mishap -- our government is saying it's willing to play a form of Russian Roulette with Baker students.
And, if so, the government had better be prepared to pay a steep price should any injury occur due to these types of problems in the future.
For all the Nunavut Government's rhetoric about the importance of education, it certainly doesn't seem willing to put its money where its mouth is -- even when our children are shown to be at risk.
Our Education, Health and Community Government ministers would be well-advised to take a long, hard look at the Baker Lake situation.
And, with wrangling just getting under way in our capital for the new territorial budget, the time is ripe for the residents of Baker Lake to scream long and loud at their local MLA.
It seems more and more that Baker Lake is paying a steep price for Nunavut and is being constantly overlooked by our new government.
However, it's one thing to be overlooked when it comes to your fair share of government jobs through decentralization, it's quite another when it involves the health, safety and education of your children.
While everyone can understand our Nunavut territorial government trying to run a tight ship budget-wise, surely we draw the line when it comes to the safety of our children.