Thank you, Mr. Speaker. I rise today to speak about the responses given by the Minister of Health to my questions in the House yesterday. In my questioning I was trying to get the Minister to at least think about the consequences of the fact that Dr. Covert remains the president of the Board of Inquiry, which is appointed under the Medical Profession Act to inquire into the competence and ability of physicians while he faces a malpractice suit. I realise that Dr. Covert has stepped aside from one particular inquiry, but he apparently has not resigned from the board itself. Yesterday in response to my concerns about this fact, the Minister says, and I am quoting from the unedited transcript, "that if the law is being met, and if the Members of this House, 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 their qualifications or their standing. That would be a task on the integrity and independence of that board." Mr. Speaker, I was dismayed, appalled and shocked at what I heard, but not really surprised. It confirmed that the Minister has not fully considered his responsibilities as the Minister of Health, and it reaffirms to me the duty of ordinary Members to ensure that Ministers do consider their responsibilities. This government Mr. Speaker, was sent a clear message by the Northwest Territories Court of Appeal about appointments to quasi-judicial boards in the case of Doyle versus the Commissioner of the Northwest Territories. Mr. Speaker, this case focused on the charter, which I recognize, but the entire process for handling complaints against judges could have been invalidated if the people who the Minister of Justice was allowed to appoint under legislation, had been members of the judicial council. Even now if the Minister of Justice...
Minister Of Health's Response To Questions
In the Legislative Assembly on November 26th, 1992. See this topic in context.
Minister Of Health's Response To Questions
Item 3: Members' Statements
Page 143
Jeannie Marie-Jewell Thebacha
Minister Of Health's Response To Questions
Item 3: Members' Statements
November 25th, 1992
Page 143
The Speaker Michael Ballantyne
Mrs. Marie-Jewell your allotted time has lapsed.
Minister Of Health's Response To Questions
Item 3: Members' Statements
Page 143
Jeannie Marie-Jewell Thebacha
Thank you, Mr. Speaker. I seek unanimous consent to continue.
Minister Of Health's Response To Questions
Item 3: Members' Statements
Page 143
The Speaker Michael Ballantyne
The honourable Member is seeking unanimous consent. Are there any nays? There are no nays. Please proceed, Mrs. Marie-Jewell.
Minister Of Health's Response To Questions
Item 3: Members' Statements
Page 143
Jeannie Marie-Jewell Thebacha
Thank you, and thank you, my honourable colleagues. Even now if the Minister of Justice appoints as many people as that act allows the appointment will be invalid because of the fourth ruling. If he appoints the wrong people, for example senior public servants like deputy ministers, the court has told us the appointment may be declared invalid. In this case my concern is not the charter, but the appointment of this individual who faces a malpractice suit. This does not allow the public to have confidence in a process which must follow the rules of natural justice. I am not suggesting that the Ministry of Health cannot make appointments to the board of inquiries under the Medical Professions Act or that this legislation is flawed. I know that different issues are involved because of the Medical Profession Act inquiry, because this is a civil process and not a criminal one. I am trying to demonstrate to the Minister something that he should already know. There is more to consider in an appointment to a quasi-judicial board or in allowing appointments to stand than what any act stipulates. The matters which may be investigated under the Medical Profession Act are serious ones. The Minister must consider the rules of natural justice and whether the membership of the board might cause the appearance of bias when a hearing is held. I do not definitely that this would happen. Perhaps, Mr. Speaker, no one has raised it in the court yet, but it is an issue that the Minister should consider. I would urge the Minister to take immediate steps to correct the damages to allow for natural justice to be done. Thank you.
Minister Of Health's Response To Questions
Item 3: Members' Statements
Page 143
The Speaker Michael Ballantyne
Item 3, Members' Statements. Mr. Lewis.