Introduction

Over the course of the 12th Assembly, a number of initiatives have been taken relating to the conduct of Members and to the possibility of Members or candidates being convicted of criminal offences.

On December 8, 1993, Members of the Legislative Assembly passed a motion to adopt the Members' code of conduct guidelines. These guidelines are a statement of guiding principles that reflect a level of moral commitment of shared values and a minimum level of behaviour that is expected from Members of the Legislative Assembly.

On February 11, 1994, Members of the Legislative Assembly passed a motion that the Legislature adopt the principle of zero tolerance for violence against all people.

In December 1994, the government introduced Bill 15, An Act to Amend the Elections Act. Responding to a recent Supreme Court of Canada ruling, this bill included an amendment allowing prisoners serving sentences of less than two years to vote in Territorial Court.

However, the Elections Act specifies that anyone eligible as an elector is also eligible as a candidate. This would imply that prisoners would then be able to run and serve as Members of the Legislative Assembly. Concerns were raised that allowing this would violate the spirit behind the Members' code of conduct and the declaration of zero tolerance for violence. As a result, Bill 19, An Act to Amend the Elections Act, No. 2, was introduced by the government in March 1995. This bill provides that prisoners may not be candidates in elections. Bills 15 and 19 received assent on April 14, 1995.

The concern about perceived violations of the code of conduct and zero tolerance declaration, however, still exists. At present, subsection 6(2) of the Legislative Assembly and Executive Council Act has the effect of expelling a Member who is sentenced to a term of imprisonment. But many crimes of violence do not always result in jail sentences. Many of those convicted of common assault and sexual assault, for example, are given fines or probation for first offences.

Introduction Of Private Member's Bill

Bill 32, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, was introduced by Mr. Charles Dent, MLA for Yellowknife Frame Lake, as a private Member's public bill on April 10, 1995. As originally introduced, it would provide that any Member convicted of an offence under the Criminal Code where "violence against a person is used, threatened or attempted" would be expelled. This would address the concern that one who is convicted of a violent offence, yet not sentenced to imprisonment, should not be permitted to sit as a Member.

Upon second reading in the House on April 26th, there was much debate on the principle of the bill. There was concern that past offences could lead to a Member's expulsion; however, this would occur only if the conviction for that offence occurred after the Member's election to the House. Some felt that the bill should be broadened to cover more offences; for example, all Criminal Code offences, or offences involving illegal drugs. Others felt that the bill should cover those who are found guilty of an offence but are given an absolute or conditional discharge. As well, concern was expressed that the bill, as presented, allowed no discretion for the House; any crime involving any degree of violence, from a slap to murder, would be treated the same.

When Mr. Dent spoke to the principle of the bill in the House, he mentioned two possible amendments which would address some of those concerns. First, he wanted to see the bill broadened to include sexual offences against children. While sexual interference, invitation to sexual touching, sexual exploitation, and incest are obviously grievous and inherently violent offences, they may not be considered as violent in the legal sense. Second, Mr. Dent proposed distinguishing between crimes prosecuted by summary conviction and those prosecuted by indictment.

Committee Hearings

The Standing Committee on Legislation heard from Mr. Dent in public hearings on May 25th. There was further discussion on the issues raised by Members earlier in the House. Some discussions arose concerning whether the bill should cover drug offences or all Criminal Code offences; however, the committee agreed that such amendments would go beyond the principle of the bill, and would therefore be out of order at this time. There was also significant discussion on the nature of amendments which would address points raised by Mr. Dent.

Also appearing at these public hearings was Ms. Lynn Brooks, executive director of the Status of Women Council of the Northwest Territories. In her presentation, she noted that we too often see leaders in the NWT convicted of violent offences. She also noted that most employees in the north would lose their job if convicted of a violent offence, and questioned, "Shouldn't political leaders live up to that same standard?"

Amendment To The Bill

Following the appearances of Mr. Dent and Ms. Brooks, the bill was amended in committee to meet Mr. Dent's suggestions. Crimes "involving the sexual exploitation of children" are now included in the scope of the amended bill. Furthermore, the "automatic" expulsion of a convicted Member would now only occur when a conviction is the result of an indictment. If the conviction is the result of a summary conviction, "The Legislative Assembly shall...determine whether it is necessary...to expel the Member..." The privilege of the Assembly to exercise discretion is thereby preserved.

One final part of the amendment also ensures that "the right of the Legislative Assembly to expel, suspend or discipline a Member" is not limited by this amendment, nor by any other part of the Legislative Assembly and Executive Council Act.

Mr. Dent concurred with the amendment as carried in committee, and the committee agrees that this bill is now ready to be reported to the House for consideration by committee of the whole, as amended and reprinted. Mr. Speaker, that concludes the report of the Standing Committee on Legislation.

Motion To Receive Committee Report 10-12(7) And Move To Committee Of The Whole, Carried

Therefore, I move, seconded by the honourable Member for Natilikmiot, that the report of the Standing Committee on Legislation on the review of Bill 32, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, be received by the Assembly and moved into committee of the whole.