Yes, that is a good idea. We will take about a five minute break.
---SHORT RECESS
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Yes, that is a good idea. We will take about a five minute break.
---SHORT RECESS
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
The Chair John Ningark
Prior to taking a break, there was a motion on the floor. I will read the motion for the record. I move that the Law Clerk be directed to write a letter to the Chief Commissioner of the Conflict of Interest Commission asking the Chief Commissioner to investigate whether a Member of this House contravened the Legislative Assembly and the Executive Council Act by virtue of his association with the Languages Commissioner. Mr. Gargan.
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
Samuel Gargan Deh Cho
Thank you, Mr. Chairman. After reading section 81, it does say that any person who believes that a Member has contravened any provision of this part, may file a written complaint to the Clerk. The motion is asking the Clerk to write to the Chief Commissioner. It cannot be the Clerk who does that, it has to be an individual from this House. Based on that, Mr. Chairman, I withdraw my motion.
For the record, I will write a letter to the Clerk on whether there does exist a conflict under section 65.1 of the Legislative Assembly and Executive Council Act. I will do that, and the Commissioner could dismiss it or deal with it. I cannot go on operating in this House with that hanging over my head. I believe other Members also have that concern. Perhaps having a letter written to the Chief Commissioner of the Conflict of Interest Commission will clarify that once and for all. That is my intent. With that, I am finished my comments.
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
The Chair John Ningark
Thank you. For the record, Mr. Gargan has withdrawn his motion. To the number of issues we have been discussing before the matter, I would like to ask the legal counsel to make some clarifications.
---Withdrawn
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
Law Clerk Ms. Macpherson
Thank you, Mr. Chairman. I did want to clarify that I had earlier referred to the Ethics Commissioner. There is actually a position known as Chief Commissioner of the Conflict of Interest Commission. By referring to Ethics Commissioner, I was incorrect. I apologize to the Members. The body is called the Conflict of Interest Commission. Thank you, Mr. Chairman.
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
The Chair John Ningark
Are there any general comments? Mrs. Marie-Jewell.
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
Jeannie Marie-Jewell Thebacha
Mr. Chairman, I believe this item is concluded. We can go on now to the A.B.C. Committee report on the Denendeh Conservation Board, and then we will deal with Bill 15. Thank you.
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
The Chair John Ningark
Does the committee agree that this matter before the House is concluded?
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
Some Hon. Members
Agreed.
---Agreed
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
The Chair John Ningark
Thank you. I would like to thank the Languages Commissioner for appearing before the committee. I know that this has been a very intensive two days. Thank you for taking time to meet with the committee.
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 434
Harnum
I would just like to thank the Members for the opportunity to come before the House and clarify some of the issues and some of the questions that they have had about the office of the Languages Commissioner. During this first year, we have dealt with a lot of issues. The conflict of interest issue, I thought, had been resolved some time ago, but if that is still a concern, then I appreciate the fact that they should be dealt with through the right channels. There are a lot of other issues about the office of the Languages Commissioner that are just as important, such as how the Languages Commissioner reports to the House, what authority the Languages Commissioner has to obtain documents from government departments, and what actions and measures can be taken within the authority of the Languages Commissioner. Those questions are still unresolved even after almost a year of working in this office. I appreciate the Members' questions. I encourage them to contact me at any time for clarification of any other matters and also with any complaints or inquiries that they have about the act or about any languages used in their area.
I would like to continue working in this position. I am very committed to it. When the issue of conflict of interest is addressed, and if there is a decision that there is a conflict of interest, then steps will be taken to resolve the conflict. I had no intention of working in this position if there was a conflict, and I was informed that there was not. That is why I continued working.
My record is open to any Member who wants to examine the activities of the office, and shows that, whatever relationship I do have with the particular Minister in question or with any other Member of this House, none of those relationships in any way have changed the way that I would deal with any issue that has been brought to my attention. I thank the Members for the chance to clarify some of these issues. I suppose I will be hearing from you. Thank you.
Committee Motion 65-12(3): Directing Law Clerk To Write To Ethics Commissioner
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 435
The Chair John Ningark
Again, on behalf of the committee, I would like to say thank you for appearing before the committee. I think your appearance before the committee was a constructive one. I think it was necessary, and it has helped to clear the air a bit. Thank you.
---Applause
I believe we have the concurrence of this committee to deal with the A.B.C. Committee Report 9-12(3)? Mr. Koe.
Committee Report 9-12(3): Standing Committee On Agencies, Boards And Commissions, Interim Report On Health And Hospital Boards In The N.w.t.
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 435
Fred Koe Inuvik
Thank you, Mr. Chairman. I have two reports. One was on the interim report on the review of health and hospital boards. However, Mr. Chairman, there are no recommendations in this report. I would like to get concurrence to conclude this matter, because we will have a very detailed and comprehensive report in the February session.
Committee Report 9-12(3): Standing Committee On Agencies, Boards And Commissions, Interim Report On Health And Hospital Boards In The N.w.t.
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 435
The Chair John Ningark
Thank you. Do we have the blessing of the committee to conclude that item?
Committee Report 9-12(3): Standing Committee On Agencies, Boards And Commissions, Interim Report On Health And Hospital Boards In The N.w.t.
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 435
Some Hon. Members
Agreed.
---Agreed
Committee Report 9-12(3): Standing Committee On Agencies, Boards And Commissions, Interim Report On Health And Hospital Boards In The N.w.t.
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Thank you. Mr. Koe.
Committee 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 435
Fred Koe Inuvik
I have a standing committee report on the "Proposed Elimination of the Denendeh Conservation Board." We have a couple of general observations and two recommendations. With the committee's concurrence, we can proceed. This should not take very long.
Committee 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
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The Chair John Ningark
Does the committee agree that we deal with that report?
Committee 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 435
Some Hon. Members
Agreed.
---Agreed
Committee 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 435
The Chair John Ningark
Thank you. Mr. Koe.
Committee 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 435
Fred Koe Inuvik
I have some Members who are going to assist me. Jeannie Marie-Jewell will start with some general comments, followed by Mr. Dent.
Committee 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
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The Chair John Ningark
Proceed, please.
Standing Committee On Agencies, Boards And Commissions Comments
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Page 435
Jeannie Marie-Jewell Thebacha
Mr. Chairman, a general point should be made from the outset about the committee's role in responding to an initiative undertaken by the government with respect to the management of public boards and agencies. The Standing Committee on Agencies, Boards and Commissions has been made aware that the function and suitability of government-created boards and agencies are being evaluated by the Cabinet. This has been linked to a general recommendation in the "Strength at Two Levels" report which states that all boards and agencies should be assessed specifically in light of elimination, downsizing or consolidation.
It should be clear that review projects undertaken by the Cabinet in this regard are their own. Where certain Ministers have determined that a review is necessary and have asked for input on a specific proposal, the standing committee has been willing to consider reviewing departmental plans and providing the Cabinet with some feedback to the reporting procedures established by the rules of this House. While the committee expects to be informed about government initiatives in this area, it is not a requirement that the standing committee conduct a comprehensive review of each and every Cabinet strategy for board modification or elimination.
On certain occasions, and particularly with respect to the review of the Denendeh Conservation Board, Members of the standing committee have been concerned by public comments that Ministers' hands have been tied by the fact that the matter was being considered by the standing committee. The Cabinet should be mindful that the committee priorities have been set by the workplan that was tabled in the Legislative Assembly in Committee Report 3-12(1). Where the opportunity permits itself, the standing committee may decide to respond to ministerial requests for input on key board management issues; however, the government should realize that the standing committee takes its work very seriously and that once a request for input is accepted, the review will be a thorough one which may take some time.
In responding to the government's request for input, the Standing Committee on Agencies, Boards and Commissions focused initially on the authorities under which the Denendeh Conservation Board had been established. There are no statutory provisions nor established policy directives for this board. In general terms, however, the board received its mandate from an agreement between the Dene-Metis Negotiating Secretariat and the Government of the Northwest Territories in 1986. The board is a model of the sort of wildlife management board described in the Dene-Metis claim. The Minister of the day provided the board with the following operational mandate: "The Denendeh Conservation Board is authorized by the Minister of Renewable Resources to provide recommendations within the Department of Renewable Resources to the Minister. The board provides advice on wildlife, habitat and forestry issues and other issues as they relate to the department's mandate." When the Dene-Metis Comprehensive Claim process was replaced by the establishment of regional land claims for Dene-Metis, the authority for the Denendeh Conservation Board became uncertain.
This uncertainty, coupled with fiscal restraint requirements imposed by the Executive Council, impacted on the operation of the Denendeh Conservation Board. The standing committee
was advised that the board has not met since October of 1991. Mr. Chairman, I will ask our chairman of the Standing Committee on Agencies, Boards and Commissions or Mr. Dent to conclude. Thank you.
Committee 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
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The Chair Ludy Pudluk
Thank you. Mr. Dent.
Committee 8-12(3): Standing Committee On Agencies, Boards And Commissions, Report On The Proposed Elimination Of The Denendeh Conservation Board
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
December 10th, 1992
Page 436
Charles Dent Yellowknife Frame Lake
Thank you, Mr. Chairman. As well, the current Minister of Renewable Resources has indicated that since the onset of regional land claims negotiations, his department has received requests from communities and native organizations to disband the Denendeh Conservation Board. Reportedly, these groups have indicated a strong preference to be consulted directly on issues relating to renewable resources management. This is apparently a practice that the department had continued even while the Denendeh Conservation Board was operating.
Following its initial review of this matter in April of 1992, the Standing Committee on Agencies, Boards and Commissions noted that while the composition of the board and perhaps even the substance of much of its advice had been open to question, its fundamental role should still be seen as vital. The committee recognized that during the early negotiation of the Dene-Metis Agreement in Principle, considerable thought had gone into developing a board that would provide community-based input to senior management within the Department of Renewable Resources. The need for that consultative process has not lessened over the past four years. Members of the Standing Committee on Agencies, Boards and Commissions gave careful consideration to the question of whether it should support any decision to dissolve the board until it had a formal assurance that alternative mechanisms do exist for receiving input from aboriginal harvesters and other stakeholders.
The standing committee received some comfort in this respect from the current Minister's statement on October 23, 1992, that, and I quote, "The department is committed to furthering the co-management of renewable resources with the people of the Northwest Territories. Public consultation is vital to this concept. The department will continue to look for the most effective means to obtain advice from the public and develop new strategies as required."
The Standing Committee on Agencies, Boards and Commissions confirmed that even during the operation of the Denendeh Conservation Board, the department continued to work with local wildlife committees but looked to the board to provide advice on regional issues. With the elimination of the board, the local committees would continue to be a primary contact. A regional level of consultation will now be established through the land claim process and the eventual creation of renewable resource management boards. The structure and operation of these boards will vary among regions. The department has expressed a continuing commitment to working with these boards when they are formed. The Standing Committee on Agencies, Boards and Commissions was generally satisfied that existing communication patterns with communities will be sufficient in the proposed absence of the Denendeh Conservation Board.
It recognized that the Minister will have to devote additional attention to maintaining contact with existing regional organizations until wildlife management boards or committees can be established under regional land claim agreements. Contact with other public organizations such as guide/outfitter associations, the Dene Nation, the Metis Nation and other stakeholder groups should also be ensured. As well, the Minister is urged to address the inconsistency in levels of organization demonstrated by local hunters' and trappers' groups across the territories so that each community can have a dependable, well-functioning avenue for providing input on wildlife policy and management. The Minister should remain assured that his progress in maintaining effective communication channels with local and regional organizations and with harvesters will be an area to which attention is paid by the Legislative Assembly. At this time, however, the Standing Committee on Agencies, Boards and Commissions was of the opinion that the Denendeh Conservation Board is not providing a significant policy input function. There are better ways to ensure that community and regional input is received on wildlife policy matters. That completes my portion, Mr. Chairman. The recommendations will be handled by Mr. Koe.
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