This is page numbers 581 - 608 of the Hansard for the 12th Assembly, 7th 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 communities.

Topics

Members Present

Mr. Antoine, Hon. Silas Arngna'naaq, Hon. Nellie Cournoyea, Mr. Dent, Hon. Samuel Gargan, Hon. Stephen Kakfwi, Mr. Koe, Ms. Mike, Hon. Don Morin, Hon. Richard Nerysoo, Hon. Kelvin Ng, Mr. Ningark, Mr. Patterson, Hon. John Pollard, Mr. Pudlat, Mr. Pudluk, Hon. John Todd, Mr. Whitford, Mr. Zoe

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The Speaker Samuel Gargan

Thank you, Mr. Pudluk. Good morning. I have been informed that Her Honour, the Commissioner of the Northwest Territories, is prepared to assent to bills. Mr. Clerk, would you ascertain if the Commissioner is prepared to enter the Chamber and assent to bills.

Assent To Bill 17

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Commissioner Maksagak

Please be seated. As Commissioner of the Northwest Territories, it gives me pleasure to assent to the following bill: Bill 17, An Act to Amend the Nursing Profession Act. Thank you.

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The Speaker Samuel Gargan

Item 2, Ministers' statements. Mr. Morin, your point of order.

Point Of Order

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Don Morin Tu Nedhe

Thank you, Mr. Speaker. Yesterday, during a Member's statement, Mr. Pudluk requested an apology from myself to the unilingual Inuit-speaking elders in the communities who did not understand the translation because it was backwards. So, on behalf of the NWT Housing Corporation, I would like to apologize to those elders and unilingual speakers. Thank you.

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The Speaker Samuel Gargan

Thank you. Item 2, Ministers' statements. Mr. Nerysoo.

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Richard Nerysoo Mackenzie Delta

Sorry, Mr. Speaker. On a point of order, please.

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The Speaker Samuel Gargan

Point of order, Mr. Nerysoo.

Point Of Order

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Richard Nerysoo Mackenzie Delta

Mr. Speaker, I would like to raise a point of order concerning our practices for tabling documents.

Mr. Speaker, as you are aware, having read the unedited Hansard for March 8, 1995, it is clearly stated by the honourable Member for Thebacha that there are no rules for letters being tabled. I'm not certain, Mr. Speaker, if there is a necessity for rules, but I believe we have to establish practices in this House for the tabling of documents.

The honourable Member for Thebacha raised the issue of letters being tabled unsigned, during question period on Tuesday, March 7th, and her comments are contained on pages 1228 and 1229 of unedited Hansard. Mr. Speaker, at that time, it was indicated that letters do not have to be signed.

Mr. Speaker, I question whether this has been established as a practice or procedure of this House. Mr. Speaker, I also note that an unsigned letter was tabled on March 8th and again the issue was identified by the Member for Thebacha, that we have no rules on unsigned documents being tabled.

Mr. Speaker, I agree we have no rules or practice, but I feel that there should be. My point of order is to request you review the matter and provide a ruling on the practice of permitting unsigned letters to be tabled in the House. Mr. Speaker, in addition, you may wish to consider giving direction to the House on the types of documents and items that should or should not be tabled in the House. Thank you, Mr. Speaker.

---Applause

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The Speaker Samuel Gargan

Thank you, Mr. Nerysoo. With regard to the tabling of documents, I still remember Members of this House tabling fish heads and sewage pipes, unsigned. Those types of things were tabled in this House. We don't really have a rule for the tabling of documents and I wish to hear from other Members their feelings with regard to the tabling of documents and unsigned documents. Until I hear from Members, I will reserve a ruling, and I would like to hear from Members on their feelings as this is important.

To the point of order, Mr. Nerysoo.

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Richard Nerysoo Mackenzie Delta

Thank you, Mr. Speaker. To the point of order that I have raised. Mr. Speaker, it is my belief that we have a long history in parliamentary democracy about respecting the rights and privileges of Members and that is an important factor in our Assembly. But, I also believe there is a certain need for us to protect each other, not only from what general comments may be made, but also the way we conduct ourselves and how people see us in terms of protecting people outside this Assembly.

It is my belief, Mr. Speaker, that there is a certain amount of integrity that we have to uphold and part of that integrity is the way we treat each other and the citizens who we represent. I think a rule on a practice in this House so that can clearly articulate how we will protect each other and protect the citizens of our communities is important for us to adopt. I think, Mr. Speaker, your good judgement and advice is being sought in this particular situation, and I know you will consider this matter seriously and provide us with the appropriate leadership. Thank you, Mr. Speaker.

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The Speaker Samuel Gargan

Thank you, Mr. Nerysoo. To the point of order. Mr. Morin.

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Don Morin Tu Nedhe

Thank you, Mr. Speaker. Prior to becoming a Member of the Legislative Assembly, I was a band counsellor and a counsellor with the Dene Community Council of Fort Resolution. So, I have some political experience at the local level. Even at the municipal and local political level of our communities, when people get letters from constituents or people they are elected to represent that are unsigned, they don't deal with them. They put them to the side because anybody can write anything about anybody or say anything about a citizen of the Northwest Territories, but if they don't have the responsibility to sign their name to a letter it shouldn't be dealt with.

I know that, as Members of this Assembly, we have a responsibility to work on behalf of all people of the Northwest Territories. When people raise an issue with me in my constituency, I take the concern down and try to work on it. But, I always look at the other side of the story, and you cannot do that if a person makes a complaint and you don't know who it is. So, it is better not to deal with it.

I don't think, in the Legislative Assembly of the Northwest Territories, we should be dealing with hearsay or rumours if people don't have the respect to sign letters. There's no way that at any time in this House we should be able to table unsigned documents, especially if they are character assassinations. We shouldn't table those documents, out of respect. We all have to do our job and do it with respect to the public, and I don't think by tabling letters that are unsigned that we are showing respect for the public. Thank you.

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The Speaker Samuel Gargan

To the point of order, Mr. Patterson.

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Dennis Patterson Iqaluit

Thank you, Mr. Speaker. I would like to thank Mr. Nerysoo for raising this point of order today, and I would like to thank you for allowing us to speak to it. Mr. Speaker, I have been troubled, since written allegations were tabled in this Assembly earlier this week and reported in the media. Those written allegations clearly pointed to an individual in a small community. I have learned that this individual, since the tabling of the unsigned document and since the press reports, has been subjected to questions from the press and personal anguish -- the individual and his family.

It seems apparent, worse, that some of the allegations tabled in this Assembly were not true. Mr. Speaker, that individual has no right of reply whatsoever and no way of dealing with this. Mr. Speaker, a Member's privilege to be free from prosecution for defamation or slander for what is said in this House is a very sacred and a very special privilege given to MLAs speaking in this House alone. It is aimed at the full and free discussion of issues and it is aimed at the pursuit of truth. But, Mr. Speaker, in my view, if Members are allowed to act irresponsibly and table unsigned documents which may be furnished to Members for malicious or political purposes, then this is, in fact, an abuse of the privileges we enjoy as Members. And, it will diminish the reputation of this Assembly.

So, Mr. Speaker, unless we wish this Assembly to be a place where Members can undertake a character assassination without accountability for the source of the information, then I would respectfully recommend that this House should adopt a practice or procedure to not allow this kind of reckless practice to take place in the future. I think it is unfair to the innocent who have no opportunity to reply, and I think it goes against the purpose of Members' privileges, which I think is aimed at a full and free disclosure of issues in pursuit of the truth. It may, indeed, have the opposite effect if there aren't some reasonable restrictions placed on this practice. Thank you, Mr. Speaker.

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The Speaker Samuel Gargan

Thank you. To the point of order. Mr. Whitford.

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Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Speaker. Mr. Speaker, since I became a Member some six years ago I have rarely used the tabling of letters practice, but I've used the tabling of documents portion of our orders for printed items and things like that. Mr. Speaker, ever since I've been here, I have always believed -- and I don't know where I heard it, but I think I was getting instructions from Members when I first became a Member, about tabled documents -- that any letters that were tabled had to be signed or initialled. I've never, ever tabled anything without a signature for the same reasons that my colleagues have put forward.

As a Member, I receive a number of letters weekly that are unsigned and I treat them exactly that way. I file them in the garbage can because I have a policy -- and the public knows this -- that if they don't want their name used, all they have to do is let me know. But, if they want to bring information through a letter, I accept that and I respect the confidentiality. I think the same thing must apply here in the House. I've seen a number of very defamatory items which have come across my desk dealing with businesses and people, unsubstantiated, and I would be derelict in my duty if I were to publicize these things as factual.

The other day the issue that was raised, I discussed briefly with my colleague when I first heard it. I thought it was part of a report. When it came to further tabling of unsigned letters and just tabling an envelope, it goes beyond what I felt the protocol of this House is. I have checked with my colleague, who is better informed on this than I am. It is true, we don't have a written policy, but I have always believed we have unwritten guidelines and that anything that would be tabled would carry the identification of the author, either through an initial or signature. If there was some special case, we may have had to block out the signature for some reason, we would do that, but the public would know that that was what we were doing. I have always felt that and upheld that. If we haven't got that protocol now, it is time we established that, so it is very clear to all Members, now and later on, of the policy of unsigned documents being tabled. Thank you.

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The Speaker Samuel Gargan

Thank you, Mr. Whitford. To the point of order, Mr. Dent.

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Speaker. Mr. Speaker, I find this a troublesome debate. The decision you are going to have to make on this one is very difficult. In this House, we must be able to have free and full discussion as other Members have noted. I am troubled by unsigned letters which make allegations being tabled in this House. In our system, justice is only seen to be done when the accused is able to be confronted by the accuser. There is a chance for the people to answer back to accusations. A letter making allegations and casting aspersions on the character of someone being tabled in this House puts the whole issue of privilege in question and I would submit is probably not in the same category as a fish head or sewer pipe, which does not make any allegation to a person's character.

I think you face a difficult challenge, but I would urge you to consider putting some restriction on letters being tabled which do make allegations about people's character in this House. I think we have to find some way to differentiate between pieces of evidence and something that is meant to destroy somebody's character. Thank you, Mr. Speaker.

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An Hon. Member

Hear, hear.

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The Speaker Samuel Gargan

To the point of order, Mr. Pudluk.

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Ludy Pudluk High Arctic

(Translation) Thank you, Mr. Speaker. I have been concerned about this matter for quite some time because I have heard of unsigned documents being tabled. They point out the concerns that they have, but they don't bother to put their signature on it. It is very difficult to support that individual if they refuse to sign their name. You are probably aware that in newspapers, there is a section where people can write letters and if they don't wish to put their name down, then it is withheld. When their names are not written down, how can we support that person if we want to respond by letter with regard to the concern we have or what kind of remedies that we might be able to offer? In this House, it is exactly the same when tabled documents are not signed. We can't really do anything else, when they aren't signed. Maybe in the future, if a letter that is not signed is tabled, perhaps it won't have any use even if it was tabled. Many times we get worried about the content. Even if we want to support that person, we can't really get in touch with them. So I personally feel that from now on, all tabled documents should be signed. Otherwise, they can't be tabled. Thank you.

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The Speaker Samuel Gargan

Thank you, Mr. Pudluk. Mr. Kakfwi.

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Speaker. I have some concerns about this as well and have for a number of years. I also know the rules, if any, are not clear to me. I remember as a Minister, some years ago, trying to discourage certain Members from naming particular individuals from the public against whom they were making statements and allegations, having no one to turn to but my own personal objection towards that practice. This business of tabling letters is not a practice that should be discouraged. However, where there is possible damage being done to individuals where the letters may contain allegations or particular names of people who, by being named in this Legislature, are being tried and by implication, accused and found guilty, it is not acceptable to me and I don't think it should be acceptable or condoned by Members of this Legislature. It goes beyond what are normal bounds of decency to which we all try to adhere. I am not sure I would suggest that we need written rules to guide us in that. If we do, then perhaps rules should be made.

The issue of tabling unsigned letters gives rise to that particular issue, which is the point that I want to make on this issue. I don't think the chair should allow Members to name specific individuals in making allegations or accusations in this House which should be dealt with promptly by the chair when those occasions arise. It seems to be a growing practice recently and it causes great concern to me. The Member for Iqaluit has argued that we have a privilege, we can say what we want in this House and we are given immunity to do good for the public; but where we do damage, it is a severe abuse of that privilege and it isn't the intention of the privilege that was given in the first place.

The particular letter we're referring to is just one of many instances where the abuse is occurring, and we need to have that addressed up front and very quickly by the chair when Members give rise to it. Thank you.