Returns to oral questions. Returns to oral questions. Item 5, oral questions. Oral questions. Mr. Bernhardt.

Thank you, Mr. Speaker. Mr. Speaker, I have some questions for the Minister of Justice on the Quassa affair. On February 14, 1992, Judge Thomas Davis of the territorial court granted an absolute discharge to Paul Quassa, the former TFN president, even though Mr. Quassa was found guilty of sexually assaulting one of my constituents.

In an apparent attempt to down-play the seriousness of Paul Quassa's criminal behaviour, some media and some political leaders have been careful to refer to the charge as "sexual touching." Will the Minister confirm to the House that touching a woman in a sexual fashion is, in fact, considered a form of sexual assault?

Minister of Justice, Mr. Patterson.

Mr. Speaker, where there is no consent, then the Member is correct, that form of behaviour is a criminal offence, sexual assault.

Supplementary, Mr. Bernhardt.

Thank you, Mr. Speaker. I have a supplementary question for the Minister of Justice. Would the Minister please explain to the House what is meant by the term "absolute discharge"?

Mr. Patterson.

Mr. Speaker, an absolute discharge is a form of sentence whereby upon conviction an accused person is deemed to have no criminal record. In layman's terms it would be a form of forgiveness by the court, whereby although the person has been convicted, it will not be held against him in future and there will be no criminal record alleged in future for any reason. It is, in effect, wiping out the conviction. Thank you.

Oral questions. Further supplementary, Mr. Bernhardt.

Thank you, Mr. Speaker. I have another supplementary for the Minister of Justice. Recognizing that it takes a lot of courage for a female victim of sexual assault to bring forward her complaint, and recognizing that a trial is a very stressful experience for the victim to endure when the accused pleads not guilty, and recognizing that an absolute discharge is not even a slap on the wrist because there is no court-imposed penalty and the conviction is not even included in the offender's criminal record, is the Minister not concerned that Judge Davis' ruling on the Quassa affair will discourage women from bringing incidents of sexual assault to the attention of the authorities?

I would like to caution Members that the Member is asking for an opinion, and it is very difficult for the Minister to know exactly what Judge Davis was thinking. With that caution, Mr. Patterson.

Well, I appreciate your ruling, Mr. Speaker, because the Member's question is difficult to answer for that reason. I hope the Member will also appreciate that in the present legal system in the NWT, judges are independent from the Executive or the Legislative branch of our government. They do not report to me. They are not accountable to me, as Minister of Justice, for their decisions, nor do the Crown prosecutors report to me.

Mr. Speaker, with the greatest of respect to the honourable Member, and while I do respect the honourable Member's freedom to express his opinions on his case, it is difficult for me, as Minister of Justice, to make a comment on a judgment because it could be interpreted as threatening the independence of the judiciary. That principle has been used to challenge some decisions made by territorial judges. So as Minister of Justice, I hope the honourable Member will appreciate that you are putting me in a difficult position by asking me to comment on a judgment in a particular case, although I do respect the Member's right to speak on this matter as he sees fit.

Oral questions. Mr. Pudlat.

(Translation) Thank you, Mr. Speaker. My question is to the Minister of Education. Sanikiluaq has requested a school bus. Has the Minister received a letter from the community of Sanikiluaq? I can relay their concerns to him and send the Minister's response to my constituents.

Mr. Allooloo.

(Translation) Thank you, Mr. Speaker. I am aware of the request by Sanikiluaq for a school bus. I have not received a letter from them since I have been Minister of Education. I am aware that they have written letters to the previous Minister, but I have not received one as yet.

Mr. Pudlat, supplementary.

Thank you, Mr. Speaker. As no one has sent you a letter as the new Minister, I will try to come up with a letter this week on that. Thank you.

That really was not a question, Mr. Pudlat, but I am sure the Minister will find it useful as background for the previous question. Oral questions. Mr. Zoe.

Minister of Education, Mr. Allooloo.

Mr. Speaker, yes.

Supplementary, Mr. Zoe.