This is page numbers 1250 - 1278 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 chairman.

Topics

Supplementary To Question 585-12(7): Problems With Snare Lake Community Freezer
Question 585-12(7): Problems With Snare Lake Community Freezer
Item 6: Oral Questions

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Henry Zoe

Henry Zoe North Slave

Thank you. Supplementary, Mr. Speaker. I understand that the department is doing a comprehensive review of all community freezers but I think it is warranted now, especially when the weather is really hot and the community wants to use the existing freezer, that it be fixed. I don't think

it is a major problem; I think it could be fixed at reasonable cost. I appreciate what the department is doing and I know they're assessing all the community freezers, but isn't the department going to address this specific problem? The other thing I would like to ask the Minister, Mr. Speaker, is when he anticipates this report will be concluded. Thank you.

Supplementary To Question 585-12(7): Problems With Snare Lake Community Freezer
Question 585-12(7): Problems With Snare Lake Community Freezer
Item 6: Oral Questions

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The Speaker Samuel Gargan

Thank you. Mr. Arngna'naaq, two questions.

Further Return To Question 585-12(7): Problems With Snare Lake Community Freezer
Question 585-12(7): Problems With Snare Lake Community Freezer
Item 6: Oral Questions

June 11th, 1995

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Speaker. I know that a lot of the freezers, especially those that are older, are having similar --not problems like having been turned off in the middle of the summer or something --problems that could be fixed with very little work and at very little cost. I think with this report, we will be able to priorize which communities need work immediately and the least amount of effort which will be required to fix which freezer.

I believe the report has been completed and a submission is now being prepared, so I would say it would be ready in the next few weeks. Thank you, Mr. Speaker.

Further Return To Question 585-12(7): Problems With Snare Lake Community Freezer
Question 585-12(7): Problems With Snare Lake Community Freezer
Item 6: Oral Questions

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The Speaker Samuel Gargan

Item 6, oral questions. Oh, I wasn't keeping track of the time. Time for oral questions is over. Item 7, written questions. Item 8, returns to written questions. Item 9, replies to opening address. Item 10, petitions. Item 11, reports of standing and special committees. Item 12, reports of committees on the review of bills. Item 13, tabling of documents. Ms. Cournoyea.

Item 13: Tabling Of Documents
Item 13: Tabling Of Documents

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Nellie Cournoyea Nunakput

Mr. Speaker, I wish to table Tabled Document 121-12(7), a summary of international travel which was undertaken at GNWT expense from December 1, 1993 to April 4, 1995 by Cabinet Members, deputy ministers, assistant deputy ministers, executive assistants and other Cabinet staff. Thank you, Mr. Speaker.

Item 13: Tabling Of Documents
Item 13: Tabling Of Documents

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The Speaker Samuel Gargan

Thank you. Item 13, tabling of documents. Item 14, notices of motion. Item 15, notices of motions for first reading of bills. Item 16, motions. Item 17, first reading of bills. Item 18, second reading of bills. Item 19, consideration in committee of the whole of bills and other matters: Committee Report 10-12(7), Report on Bill 32: An Act to Amend the Legislative Assembly and Executive Council Act, No. 2; Committee Report 11-12(7), Report on the Review of Bill 25 -The Education Act; Bill 25, Education Act; Bill 32, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, with Mr. Ningark in the chair.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. The committee will come back to order. What is the wish of the committee? Mr. Dent.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. I would like to recommend that the committee consider Committee Report 10-12(7) and Bill 25 first, followed by Committee Report 11-12(7) and Bill 32 second.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Mr. Dent, I didn't really get that.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Sorry, Mr. Chairman. I recommend we do committee Report 10-12(7) and Bill 32 first and Committee Report 11-12(7) and Bill 25 second.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Dent. Do we agree to deal with these in the order suggested by Mr. Dent?

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

We will take a 15-minute break.

---SHORT RECESS

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. I would like to call the committee back to order. The first item under item 19, consideration in committee of the whole of bills and other matters, is Committee Report 10-12(7), regarding Bill 32. I would like to ask Mr. Whitford if he has any opening remarks on behalf of the Standing Committee on Legislation.

Committee Report 10-12(7): Report On Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tony Whitford

Tony Whitford Yellowknife South

Qujannamiik, Mr. Chairman. Yes, Mr. Chairman, the Standing Committee on Legislation read the report in its entirety, for the record. There is nothing else to report at this time.

Committee Report 10-12(7): Report On Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Whitford. Do we have any general comments by Members of the committee of the whole? Mr. Nerysoo.

General Comments

Committee Report 10-12(7): Report On Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Richard Nerysoo Mackenzie Delta

Thank you, Mr. Chairman. Are we dealing with the bill?

Committee Report 10-12(7): Report On Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

No, in fact, we are dealing with the report on Bill 32. Member for Thebacha.

Committee Report 10-12(7): Report On Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. First of all, as I said in the public meetings, I want to thank Mr. Dent for bringing forward this bill. I supported the principle of the bill when it came to the House and I wanted to say, for the public record, that I have no problem supporting the bill. However, I'm concerned that this bill is addressing only one portion of the Criminal Code, and is not considering anything with regard to the Narcotics Act or any other type of criminal offences.

I find that this particular bill is going to address a Member who may have violated the Criminal Code, having committed a violent offence, or may have committed a crime involving the sexual exploitation of children, which I find is certainly a step towards this Assembly addressing concerns of Members' conduct. However, as I stated publicly before, this particular bill only piecemeals a part of the concerns that some Members may have. I know the intention of the bill is to adhere to zero tolerance for violence, but I also believe the spirit and intent was to look at the Members' conduct with respect to role models. Once a Member is elected, the Member is, and the comments were, looked at as role models with regard to the Legislative Assembly and for other people of the Northwest Territories. I believe Members are certainly going to be considered as role models.

It doesn't address if a Member is charged for impaired driving. It doesn't address if a Member is charged for illegal possession of narcotics, nor any type of illegal gambling. I believe that the intention of Members wanting to address these cannot be addressed in this bill now because then it will take away from the principle of it.

But I certainly believe that, if Members are going to be addressing the issues around Members violating the Criminal Code and other federal or territorial statutory types of acts, then we have to take an approach to try to address them collectively, because I believe you are then setting somewhat double standards for Members. You are saying it's okay to drink and drive but it's not okay to slap your wife. It's okay to possess illegal drugs but it's not okay to express any type of violent act towards anyone, whether it be a threat or a hit or a slap.

I don't think that's right. I really believe that for any type of offence under the Criminal Code or any type of offence under the federal or territorial statutes committed by a Member, especially if they are found guilty, they should have to resign from their seat. This act is only addressing part of the Criminal Code as I stated. Although it is only addressing part, I certainly support the bill, but it's unfortunate it cannot address collectively all the concerns.

Mr. Chairman, I did want to indicate that after reading the committee report and after expressing my concerns, I recognize that we cannot bind the next Legislative Assembly. However, I did want, at this time, to consider putting forth the motion for this House.

Committee Report 10-12(7): Report On Bill 32: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Are you prepared to make the motion now? Proceed into motion.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Mr. Chairman, I move that this committee recommends that consideration be given by the Members of the 13th Legislative Assembly to amending further The Legislative Assembly and Executive Council Act to add further offences under the Criminal Code and other federal and territorial statutes that, if convicted of any of these offences, a Member would not sit or be a Member.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. We will pause momentarily as the motion is being distributed. It is written and translated into the Inuktitut language.

I believe that each and every Member of the committee of the whole has received the written motion which has been translated into the appropriate language. The motion is in order. To the motion. Mr. Patterson.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Dennis Patterson Iqaluit

Thank you, Mr. Chairman. I do accept what the Member says, that Bill 32 could go further, and I understand that the Member is recommending to the new Legislature that further offences should be considered for inclusion within this bill.

But I would just like to make a point that Bill 32, as it now stands before us this afternoon, does spell out what I believe is called the inherent right of the Legislative Assembly to expel, suspend or discipline a Member according to its own rules and practices. I believe this section --apart from any future amendment to the bill as Mrs. Marie-Jewell is recommending in this motion before us --in the bill, if approved, will give the Legislative Assembly, not the courts, the power to take action against a Member who committed any other inappropriate actions, such as the Member has referred to: drunk offences, abuse, gambling and other undesirable behaviour she has recited.

I guess in speaking to this motion, I would like to point out that, even without further amendments to the bill to bring in further sanctions for convictions under other acts under the Legislative Assembly, federal law and the Criminal Code, Bill 32, as before us, explicitly acknowledges the Assembly's power to action. I just want to say that I haven't really decided whether I'm going to vote in favour of this motion or not. I think the new Assembly will deal with this issue as it sees appropriate, with or without advice from the 12th Assembly.

I just want to point out that, in fact, the bill before us does take into account that there may be other circumstances, other than the sexual exploitation of children or an offence involving violence, on which the Legislative Assembly of the day may wish to take action. It certainly has the clear power to take action. I suspect that if we pass the bill as it is today, a future Assembly may well want to develop procedures relating to the code of conduct that has been adopted and it's inherent right to expel, suspend or discipline Members, which would accomplish the same end that the Member seeks by this motion.

I guess I just want to say that I think we've gone at least some way in the direction the Member wishes us to pursue in the proposed bill before us today. If it's passed, it will enlarge the net, if you like, to make it clear that a Member can be disciplined by his or her peers for offences beyond the two spelled out in section 6(1)(a) and (b). I think we're already moving in that direction, Mr. Chairman. I just wanted to make those comments before we consider the Member's motion. Thank you.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. To the motion. Mrs. Marie-Jewell.

Committee Motion 58-12(7): Recommending 13th Assembly Further Amend Section 6 Of Lea Act, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. Even though Mr. Patterson indicated that the Legislative Assembly has the right to expel, suspend or discipline a Member, it's my understanding that -- and maybe we should get clarification-- if a Member is charged and has violated the Criminal Code with an offence involving sexual exploitation of children or any

type of violence against a person --threatened or attempted -- then the Member is no longer a Member.

The intent of my motion to amend the bill doesn't give the right to Members of the Assembly to discipline, suspend or expel. It asks the next Legislative Assembly to expand it to allow for other offences such as impaired driving, offences involving narcotics, illegal gambling or other violations. It doesn't give the responsibility to the Assembly. There will be a clear understanding that if someone violates the Criminal Code, then they can no longer sit as a Member. It should not be up to the Members of the Legislative Assembly to have to expel, discipline or suspend a Member. The next Legislative Assembly should come in with a clear understanding of what the rules and guidelines are. If they want to strengthen those rules and guidelines, this motion will give the next Legislative Assembly the option to do so.

I believe, as I stated, that Bill 32 addresses part of the Criminal Code offences, but not all of them. The intent of the motion is to ask the next Legislative Assembly to consider expanding it to include other Criminal Code offences made by a Member. Thank you.