This is page numbers 1053 - 1090 of the Hansard for the 12th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.

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Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, as the Clerk indicated, right now our rules are not clear. It has been interpreted that a member of the public may not present a petition except through an elected MLA. With the concept of open government, we are saying this should be a provision for the public to develop petitions and have an opportunity to table them in the Legislature, but they have to meet certain requirements: one, they have to have a minimum of 25 signatures; two, it has to be subject to a public matter, although as the Premier indicated it could be anything. That is why we are suggesting that the Speaker would have the ultimate responsibility to determine if that petition should be forwarded to the Assembly or not. It is these conditions that have to be met before it is even tabled in the Legislature.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1083

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. To the motion. Ms. Cournoyea.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Nellie Cournoyea Nunakput

Mr. Chairman, I would like to make an amendment. I would think it would be very difficult if a petition came about on the Speaker's personal conduct in the House and he had to table it. What I would like to suggest is that the rules be amended to allow members of the public to present a petition to the Legislative Assembly by filing it with the Clerk, provided that such petitions contain a minimum of 25 signatures and addresses, and I would like to move that we insert, "a public policy matter."

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

We have an amendment. The amendment is in order. The amendment would insert the word "policy" immediately following the word "public" in between "public" and "matter." To the amendment. Mr. Zoe.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, what is a public policy matter? Is it current government policy pertaining to the public's interest? Is that an interpretation of what is being alluded to? That would restrict Members receiving petitions from their constituents. That is why we left it in a general nature. If you restrict it to policy, it will make it difficult for anyone to present petitions to the government.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. To the amendment. Ms. Cournoyea.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Nellie Cournoyea Nunakput

What I was hoping we would do is to make it matters of relevance. What could happen is that this would mean in terms of a public matter, and I do not know if I have done anything better when making it a public policy matter. You could say that everything is a public policy matter. The concern I would have is the number of petitions. We have a response mechanism for petitions where government has to respond to petitions within so many days. Does this mean that all of the petitions which are filed by the public follow the same rules where government would have to respond as though it was tabled by a Member of the Legislative Assembly. I was trying to restrict it, but if it does not then I will withdraw it. It is my understanding that it does not help anything by inserting "policy."

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Does the Member wish to withdraw the amendment?

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Nellie Cournoyea Nunakput

I have a general concern about petitions that are not presented through a Member and someone who will take responsibility for the petition. If anyone with 25 signatures can file a petition, the rules require us to deal with that petition. I do not know whether the Legislative Assembly or the committee of the whole is trying to make that provision. If we receive 100 petitions, which we could easily receive on every matter, we are obliged to respond to them, and it is not even the will of the House to respond because obviously if the petition is going to be filed through the Clerk, there is no one sponsoring that petition or in the position to oppose that petition. If you cannot get anyone in the House to deal with the matter, who are we responding to. I have a general concern regarding this one.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Ms. Cournoyea. Mr. Zoe and then Mr. Arvaluk.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, if we do go with the recommendation that is being proposed, after being ruled on by the Speaker, then the Speaker basically tables the petition in the House. The government is not obligated to respond to the petition.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Order. Mrs. Marie-Jewell. Mr. Zoe was clarifying a point. Mrs. Marie-Jewell then Ms. Cournoyea.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. According to our rules currently under petitions, the Speaker or Minister responsible shall provide a response to a petition within 60 days of its presentation and such response shall be tabled at the earliest opportunity. The government has no choice but to respond to a petition. The chairman of the Standing Committee on Rules, Procedures and Privileges should be cognizant of the rules. Thank you.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mrs. Marie-Jewell. Mr. Zoe.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, this recommendation basically instructs our people drafting up the new rule book. If recommendation eight is approved, we are going to redraft a new rule book which will have to be dealt with in this Assembly, line by line. What this recommendation does is instructs our staff to redraft a rule book into the simplest language, so that Members can understand it. With regard to

the section on petitions, we notice that the current practice of the House is that petitions can only come through the Members elected and there are no provisions for the general public to lay a petition in the Assembly. So, what we were trying to do is to say that if the general public wishes to table a petition without going through an MLA, then that provision should be available to them. The MLAs have an option to either file it with the Clerk or to present it from their seat in the House. I realize that the government has to respond to it within a certain time, but this does not mean that the petitions which are being laid by the Speaker would have to be responded to. We could instruct the drafters of the new rule book to draft a rule so that provisions would not apply to respond to petitions from the public. It could be addressed in that manner. I do not see a problem with that.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. To the motion. Mr. Arvaluk.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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James Arvaluk Aivilik

Thank you, Mr. Chairman. I understand the Leader's concern. I do not think it is not so much a public matter, I think of the number "25." If you already have that number in your rule book, you will be swamped with petitions every day from my community because that number is not very high.

---Laughter

Anything they want, they will be sending it by fax. If we say 100 or 200 signatures are required for legitimate petitions, that will leave out the smaller communities. Maybe what we can do is go by percentage, rather than the actual numbers. For example, the populations between 100 to 500 will require half the signatures, 500 to 1000 will require one third, 1001 to 2000 will require one quarter, 2000 and up such as Yellowknife, will require one eighth. That would be more acceptable, rather than the number "25." Those who are in the construction crew want to have their meals paid by the government, rather than the company, they will be sending petitions right away. Is it a public matter, I do not know. If the people in Coral Harbour want to have us build a wharf because they are losing many boats, if they have one third of the population signing the petition, that is legitimate. I think we are going to have to look at recommendation seven more carefully. Thank you.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Arvaluk. The chair recognizes Mr. Nerysoo, Mr. Morin and then Mrs. Marie-Jewell.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Richard Nerysoo Mackenzie Delta

Thank you, Mr. Chairman. Mr. Chairman, I think it is important for Members not to confuse the idea of the rules being amended to allow the public to present petitions. The problem that I am finding right now is there are a number of concerns that have arisen, but I do not find it so important an issue that it takes up all this time for debate. I would suggest to my colleagues if the concept is good, then maybe we have to go back to the drawing board and redraft a solution so we can satisfy the concerns that Members have raised. We have to be clear and satisfy the concerns, not only of Members, but also the public. I agree with my honourable colleagues, we do not want the public to use the process for frivolous matters, but at the same time they may be issues that are important for us to raise and address as a Legislature. I have been sitting here and listening to Members and I can appreciate the concerns that you have raised, but I am going to ask my colleagues if you are not happy with this, maybe you could recommend that we review it and report back to the Members again.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Nerysoo. The chair recognizes Mr. Morin.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Don Morin Tu Nedhe

Thank you, Mr. Chairman. Perhaps we should also make it clear that any petitions should go through the Member to the House and that will solve the issue.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mr. Morin. To the motion. Mrs. Marie-Jewell, Mr. Zoe, Ms. Cournoyea, then Mr. Antoine.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, I was going to defer it, but the chairman has indicated to me that he would rather withdraw it.

Committee Motion 120-12(3): To Adopt Recommendation 7
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair Tony Whitford

Thank you, Mrs. Marie-Jewell. Mr. Zoe.