Are you taking that question as notice? Item 5, Oral Questions. Mr. Antoine.

Mahsi, Mr. Speaker. My question is for the Minister of Finance in regard to the national transportation strategy funding. Mr. Speaker, I would like to ask the Minister of Finance if the funding that the federal government has announced which is up to $25 billion dollars for national transportation or highway strategy, is for real or is an election ploy, since the federal government is going to have an election within the next ten to 12 months? I was wondering if this is real funding or if it is some ploy for the election? Thank you.

This question is for the Minister of Finance if he wants to answer, although the Minister of Finance has no control on the federal government's budgets. Would you like to answer any of those questions, Mr. Pollard?

Mr. Speaker, I do not know if the federal government has that amount of money at its disposal, but I would guess not, from what they are saying about their deficit position. There is no question that number has been talked about, it has been in the papers and in the television news reports. I think it is speculation by people who believe that the federal government is going to announce something, so I cannot say whether they have the money or not. At the present time, we believe there is no solid program that the federal government is prepared to go with, and perhaps when Mr. Mazankowski makes his statement on December 2, we may have some clearer indications from them. I said yesterday, there was a proposal to the Minister of Transport with regard to cost-sharing or formula funding from the federal government and that has not, at the present time, gone anywhere, Mr. Speaker. Thank you.

Thank you. Item 5, Oral questions. Mr. Ningark.

Thank you, Mr. Speaker. My question is directed to the Minister responsible for Social Services and I will be frank and direct. Mr. Speaker, I wonder when the Minister will fund the gathering of all the Social Services Appeal Committees within the region of Kitikmeot, which have not had the opportunity to meet for the last few years. I would like to know when the Minister will be able to fund such a gathering? Thank you.

Thank you, Mr. Patterson.

Mr. Speaker, that concern has not come to my attention, but I would be happy to look into it as the Member suggests. Thank you.

Thank you. Item 5, Oral Questions, Member for Thebacha.

Thank you, Mr. Speaker. I have a question for the Minister of Health. Mr. Speaker, yesterday the Minister of Health tabled the letter from Dr. Covert and, Mr. Speaker, after reading the letter, quite frankly I was appalled. I recognize, Mr. Speaker, this particular professional is currently undergoing a malpractice suit and is not guilty until proven guilty. However, Mr. Speaker, I believe the Minister missed the whole point of my concern and probably the concern of my colleague from the Mackenzie Delta.

The Board of Inquiry has significant authority over a medical professional's licence and the board may decide to suspend or revoke a physician's licence, in which case their ruling can only be appealed by the Supreme Court. So I would like to ask the Minister, how can the Minister justify to this House the re-appointment of the president of the Board of Inquiry, Dr. Covert, while he is currently defending himself against a malpractice suit?

Thank you. Mr. Patterson.

Mr. Speaker, Dr. Covert was re-appointed as president of the Board of Inquiry by me this fall, long before the issue of this civil litigation came to my attention or was reported to the public. So it was something I did not even know about when the re-appointment was made. So that is how I can justify re-appointing Dr. Covert. I did not even know about this issue, nor was it in the public domain when the re-appointment was made, which I believe was in August.

Thank you, Supplementary, Member from Thebacha.

Mr. Speaker, the Minister has indicated that the re-appointment happened some time this fall, according to the letter that he sent to Dr. Covert. I believe it happened September 2, which he clarified last week. From my understanding, the litigation was going on for years. The point I am trying to make is that recognizing the authority that this Board of Inquiry has on any physician's licence in the Northwest Territories, in their ruling, how can he justify to this

House, a re-appointment of the president of the Board of Inquiry?

Thank you. Mr. Patterson.

Mr. Speaker, I recognize the Member is concerned about the inquiry which has been initiated with respect to a physician who is her constituent. Mr. Speaker, Dr. Covert has stepped aside from sitting on this particular inquiry. He will have no involvement in the matter which is of concern to the Member. He has, therefore, for reasons he outlined in the House, taken away any cause for concern or criticism or the appearance of bias on the part of the honourable Member. So, Mr. Speaker, with the greatest of respect to the honourable Member, the problem has been solved. Dr. Covert has stepped aside from this hearing and I do not know what the Member is asking me to justify. It has been fixed up, I would have thought, to the Member's satisfaction. Thank you.

Thank you, Member from Thebacha.

Thank you, Mr. Speaker. I have a supplementary. Mr. Speaker, throughout my questioning, I never did mention Dr. Viswalingam, my constituent, and I did not mention him during this line of questioning mainly because I was trying to raise a point with the Minister which, obviously, he has not taken into account. He does not seem to understand.

I tried to raise a point to the Minister that a physician who is currently in a position of authority, is also currently defending himself in a malpractice suit.

I want to know why the Minister is only allowing him to step aside from the Viswalingam case and is not requesting his resignation as the president of the Board of Inquiry under this Medical Profession Act that he appointed him to or, at the very least, removing him from the board until his lawsuit is completed. Thank you.

Thank you. Mr. Patterson.

Thank you, Mr. Speaker. First of all, perhaps I should explain that I am not allowing Dr. Covert to do anything. I reported to the House that he had advised me that he is stepping aside from duties with respect to the medical Board of Inquiry that was initiated. So I have simply noted and reported to the Assembly that action.

Mr. Speaker, I think the Member is suggesting that further action should be taken. I only need to point out that there is no requirement in our laws or, indeed, in the laws of any other jurisdiction in Canada, that a physician sitting on a board of inquiry shall not be subject to any civil litigation. That is not a requirement of the laws of the Northwest Territories. So, as far as the law is concerned, Mr. Speaker, there is no reason why Dr. Covert should not hold that office. He is not disqualified under the law. So, that is why I have not taken the action the Member suggested. There would be no basis in law for doing that. Thank you, Mr. Speaker.

Thank you. Final supplementary, Member from Thebacha.

Mr. Speaker, I just want to quote on my final supplementary, from the Medical Profession Act, under section 36. I quote, "the Board of Inquiry shall conduct its proceedings in accordance with the rules of natural justice." I wonder where the natural justice is being done? However, Mr. Speaker, I would like to ask the Minister, recognizing that the Board of Inquiry should be unbiased or, at the very least, its appearance should be unbiased, does the Minister not feel he is placing the board's integrity in jeopardy when it has such authority over any physician's licence in the Northwest Territories? Thank you.

Thank you. Mr. Patterson.

Mr. Speaker, I would be concerned about the integrity of the Board of Inquiry set up under the Medical Profession Act, if M.L.A.s in this Legislature raised questions about the qualifications of persons to serve on the inquiry, based on factors that are not set out in the Medical Profession Act, could be used to remove duly appointed persons from those quasi-judicial functions? I would be concerned about the integrity of the Board of Inquiry if its operations in any way became politicized, Mr. Speaker.

If the law is being met and if the Members of this board, or any other quasi-judicial board, meet the requirements of the law, Mr. Speaker, we need not go any further and question the qualifications or their standing. That would be an attack on the integrity and independence of such a board, Mr. Speaker.