Debates of March 22nd, 1993

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.

Topics

Members Present
Item 1: Prayer
Report Of The Family Law Review Committee
Minister's Absence From House
Member's Statement Re Defeat Of MLA Sharks By Media Ravens Hockey Team
Annual Meeting Of The Gwich'in Renewable Resources Council
Designation Of River Ridge Facility As "secure Facility"
High Quality Of Construction On Ingraham Trail
Congratulating Senior Men's Curling Rink
Item 4: Returns To Oral Questions
Designation Of River Ridge Facility As Secure Facility
Departmental Initiatives Re Trap Manufacturing
Community Consultation Re Hap Program Changes
Water And Sewer Subsidies In Fort Simpson
Cabinet Approval For Rental Scale Increase
Extension Of Accreditation Arrangements For Arctic College
Policy On Government Seeking Restitution From Convicted Former Employees
Written Question 31-12(3): Restitution To The GNWT
Item 12: Tabling Of Documents
Extension Of Sitting Hours For Third Session
Item 15: Motions
Extension Of Sitting Hours For Third Session
Appointment Of Members To The Advisory Committee On Social Housing
Bill 24: Write-off Of Debts Act, 1993
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Bill 17: Appropriation Act, No. 2, 1993-94
Bill 5: An Act To Amend The Social Assistance Act
To Amend Clause 2 Of Bill 5
Bill 17: Appropriation Act, No. 2, 1993-94
To Adopt Recommendation 9
Committee Report 16-12(3): Final Report On The Comprehensive Review Of The Rules
Committee Reports
To Adopt Recommendation 1
To Adopt Recommendation 2
To Adopt Recommendation 3
To Adopt Recommendation 4
To Adopt Recommendation 5
To Adopt Recommendation 6
To Adopt Recommendation 7
To Adopt Recommendation 8
Bill 17: Appropriation Act, No. 2, 1993-94
Item 19: Report Of Committee Of The Whole
Media/mla Schmockey Game
Revert Back To Item 12: Tabling Of Documents
Item 21: Orders Of The Day

Committee Motion 119-12(3): To Adopt Recommendation 6
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1081

Henry Zoe

Henry Zoe North Slave

Thank you, Mr. Chairman. During our comprehensive review of the rules, it was brought to the attention of the Standing Committee on Rules, Procedures and Privileges that the current rule dealing with petitions is not clear. Our Rule 57 provides that a petition to the Legislative Assembly may be presented at any time during a sitting of the Assembly by filing it with the Clerk or by a Member presenting it from his or her place in the House.

However, it is not clear whether any member of the public may present a petition by filing it with the Clerk, or whether only a Member of the Legislative Assembly may present a petition by either method.

To date, this rule has been interpreted to be consistent with usual parliamentary practice, so that petitions may be presented to the Legislative Assembly only through a Member. However, the standing committee is of the opinion that this rule should be clarified.

The standing committee holds the view that it would be consistent with the principle of open government to adopt a rule allowing members of the public to present a petition to the Legislative Assembly, by filing it with the Clerk. Such petitions should contain a minimum of 25 signatures, and should address a public matter. The question as to whether these conditions have been fulfilled would be subject to the ruling of the Speaker.

The rules would continue to allow Members to present petitions as well, by filing the petition with the Clerk or by presenting it from his or her place in the House. The standing committee does not propose any change to the present procedure in this area.

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, I move that this committee recommends that the rules be amended to allow members of the public to present petitions to the Legislative Assembly by filing them with the Clerk, provided that such petitions contain a minimum of 25 signatures and address a public 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

Thank you, Mr. Zoe. We have a motion on the floor. The motion is in order. To the motion.

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

Page 1082

An Hon. Member

Question.

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

Page 1082

The Chair

The Chair Tony Whitford

Question has been called. 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

Page 1082

Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. I would like to ask, through you to the chairman in regard to this ruling, is this the standard practice for public petitions in other jurisdictions?

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

Page 1082

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

Page 1082

Henry Zoe

Henry Zoe North Slave

It varies from province to province. In the Yukon I cannot recall exactly what the procedure is. When our committee was discussing this issue, we felt the existing rule has to be clarified and there was no mechanism in place for the public to bring a petition to the House. We had a lengthy discussion on this. My understanding on the question you asked, Mrs. Marie-Jewell, in regard to petitions to other jurisdictions, it is not commonly done, but our standing committee considered it and we thought we should consider this type of recommendation in light of our open government concept. We thought this rule could benefit us and the general public as a whole. That is the main reason we have included this provision in this report.

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

To the motion. 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

Page 1082

Jeannie Marie-Jewell Thebacha

Mr. Chairman, I am not against the concept of open government, but I am wondering, what are the rules or procedures used in other jurisdictions compared to this, seeing this is a new ruling. That is what I want to find out. It does not seem to be clear to me as a Member. It is my understanding the process now used for tabling of petitions is through elected Members. I guess we are going away from that and that is what I am trying to find out. Now, we are saying that any petition can come in through the Clerk of the House. That will be the public process for petitions. I need some clarification with regard to the reason for the committee's decision to make this particular decision. Thank you.

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

Page 1082

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

Page 1082

Henry Zoe

Henry Zoe North Slave

We ran into the problem where the current rule, rule 57. In our existing rules, it was not very clear if the public may present a petition by filing it with the Clerk or whether a Member of the Legislative Assembly may present a petition by either method. So, we were not sure, there was no clarity. We think there was a provision there for the public, but it was not clear. With the concept of open government, we decided that clarification and simplification of the rule should be included so it could be specifically spelled out that the general public could file a petition by filing it with the Clerk. That option is still there, if the general public wants to give their petition to their elected official, that option is also open to them. There is nothing preventing them from giving a petition to their elected official. It is more open and makes it more clear as to the type of petitions we can receive.

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

Page 1082

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. 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

Page 1082

Jeannie Marie-Jewell Thebacha

Mr. Chairman, is the chairman of the Standing Committee on Rules, Procedures and Privileges indicating to this House that currently our process allows for petitions to be tabled by the public through the Clerk? Can that process be used now in the existing 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

Page 1082

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

Page 1082

Henry Zoe

Henry Zoe North Slave

The existing rule, Mr. Chairman, is not clear whether any member of the public may present a petition. That is why we included this recommendation for consideration, to make it more clear. There have been concerns raised by committee Members as to whether the conditions we are placing on the new rule would be subject to the Speaker's ruling. For example, if they do not have 25 signatures and if it does not address a public matter, then the petition will not be laid in the House. It has to meet certain conditions before it is laid in the Legislature. There are some qualifiers there for the general public before it is tabled in the House. There are provisions there for the general public to participate.

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

Page 1082

The Chair

The Chair Tony Whitford

Thank you, Mr. Zoe. To the motion, 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

Page 1082

Jeannie Marie-Jewell Thebacha

Mr. Chairman, what I am trying to find out is, what are our existing rules with regard to the process of tabling a petition or presenting a petition to the House?

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

Page 1082

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

Page 1082

Henry Zoe

Henry Zoe North Slave

Mr. Chairman, I would like to ask the Clerk to look up rule 57. I do not have my book in front of me.

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. Just give us a moment.

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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Clerk Of The House Mr. David Hamilton

Thank you, Mr. Chairman. There are two methods, in the existing rules, for petitions to be presented to the House. The first method is by a Member presenting a petition in the House under the item on the orders of the day entitled "petitions" where the Member will stand and present the petition to the House. When a Member does this, the Member is required to endorse his signature on the petition and then present it to the House.

There is also a provision in the rules which permits a Member to file a petition with the Clerk. Members may receive petitions they may not necessarily be endorsed and this allows a Member to not necessarily to endorse a petition, but does allow the Member on behalf of his constituents to file the petition which will then become House records and become the property of the House. There are only two ways now of filing a petition in the Assembly.

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. Hamilton. General comments. Member for Nunakput.

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 think the question is, at what point is the public able to file petitions? I know part of the reason for this one area of concern was that there were some petitions which were asked to be tabled in the Legislative Assembly and none of the Members were willing to table the petitions because of disagreement on what the petition said. So, what is the access to public? My understanding was it is a public matter, but I thought it was a public policy matter which we were talking about when we were trying to address the issue. I think it is a matter of what gets tabled and what are the issues, otherwise anyone could come in and write up a petition -- and you know and I know how easy it is to get petitions signed -- for a nuisance factor or try to cause some mischief. My understanding was it was more specific to a certain area where you would say it was a public policy matter rather than just a public matter because a public matter can be anything.

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.