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.

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.

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

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.

Thank you. Do we have any other general comments from committee Members? Mr. Ballantyne.

Thank you, Mr. Chairman. Mr. Chairman, I understand what the Member is attempting to do and I have some sympathy with a couple of the offences she talked about, like drug use and impaired driving. I agree, they're something that perhaps the next Assembly will have to look at. But I think they'll be able to make up their own minds. I find the nature of this motion is very, very general and this could be interpreted to add other offences. But I don't know what those offences are, so I'm a little bit uncomfortable right now supporting this blanket statement. So, I'm going to abstain from this, Mr. Chairman.

Thank you. To the motion. Do we have any further general comments? Mr. Allooloo.

Mr. Chairman, if I understand the motion correctly, it won't change any part of the bill that is in front of us. It merely recommends that Members of the 13th Legislative Assembly consider making amendments. That's as far as it goes. I wonder if I could ask our legal advisor what this motion means. I'm not a legal person, but it is my understanding that it doesn't change anything in this bill and merely makes a recommendation, and that it would be entirely up to the 13th Assembly to either change or not change Bill 32.

I am informed that the proposed motion is not going to change the intent of the bill. But perhaps Ms. Stewart will want to expand.

Thank you, Mr. Chairman. You're correct, the motion will not change the content or the intent of the bill, as it stands right now.

Thank you. To the motion. Ms. Mike.

Thank you, Mr. Chairman. I support the principle of the bill but I have a question on section 6(2). I support the motion as well. However, I do have a legal question to our legal counsel on 6.2, where a Member is, after his or her election, convicted of an offence under the Criminal Code punishable by summary conviction. Since it doesn't say pertaining to only these two, can that also be used, for instance, if Bill C-68 becomes a law? We have a very large population in the NWT that becomes vulnerable of being convicted under that legislation if it is passed in Parliament.

Thank you. I am advised by the Clerk that any legal questions pertaining to a motion are not legally binding. When we actually deal with Bill 32, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, then you can ask a legal question of the legal counsel. Ms. Mike.

Mr. Chairman, it's important that I know the to the motion, sorry.

In order to clarify what is happening here, I'll ask Ms. Stewart to explain where we are at this point in time.

Thank you, Mr. Chairman. My understanding is that we are in the process of debating the motion. To the extent that the Member's question relates to the motion, Bill C-68 creates largely a number of regulatory offences that will not, of themselves, be offences involving the sexual exploitation of children or in the commission of which violence against a person is used, threatened or attempted. As the bill presently stands, and we've already established that the present motion does not change the bill in this respect, no offence under Bill C-68, if it becomes law, will be included in this bill, except perhaps under subsection 6.2 if the Legislative Assembly wishes to exercise its discretion. However, it is not covered in 6.1.(2).

Thank you, legal counsel. Ms. Mike.

Thank you, Mr. Chairman. When I asked the question, I think I said on 6.2. That's where I do have a problem should Bill C-68 become law.

Thank you, Mr. Chairman. I think I made it quite clear that I have no problem supporting the motion as is or I can go against it; it entirely depends on the interpretation of what's in the bill because we could deal with this and pass it today if the motion is defeated.

To the motion.

Question.

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Thank you. Do we have any further general comments on the committee report on Bill 32? Mr. Nerysoo.

Thank you, Mr. Chairman. As everyone knows, I had an opportunity to speak to the original bill that was introduced by our colleague, the honourable Member for Frame Lake, Mr. Dent. I believe that, in reviewing the comments that had been made in this Assembly and recognizing some major concerns that had been raised by Members and the positions that had been taken, and having read the report of the Standing Committee on Legislation, I must, Mr. Chairman, commend the honourable Member for responding to the concerns that were expressed and therefore considering them, I think, seriously and in the context that they were presented.

I want to say, Mr. Chairman, that having reviewed the legislation and taken the matter to my Cabinet colleagues and having had a discussion with them, I want to advise the honourable Members that we will be supporting the legislation that has been proposed by our colleagues --and the amendment is appropriate --and the recommendations and suggestions made in the discussions of the Standing Committee on Legislation.

I would like to raise two issues irrespective of whether or not we believe the legislation is important. One, the comments that have been made about the seriousness of the violations of the Criminal Code in the matter of sexual interference. I think these are of a serious nature and we would never want to underestimate them, nor the seriousness of them. I do want to say one thing and that is that the same matter of concern we're raising with regard to those that have been offended should always also be seen in the context of those rights that are also offered under the Charter; that is, that there are certain defences, the fight to be innocent until proven guilty and the right of a defence to prove that the charges that have been alleged or stated may not, in fact, be proven to be truthful.

Recognizing that and recognizing the seriousness of the efforts of the honourable Member for Yellowknife Frame Lake and the recommended legislative change, we are prepared to support the recommendations of the honourable Member.

Thank you. Do we agree that Committee Report 10-12(7), Report on Bill 32: An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, is concluded?

Agreed.