This is page numbers 1275 - 1321 of the Hansard for the 13th 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 questions.

Topics

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

Page 1314

Roy Erasmus Yellowknife North

Madam Chair, I will now turn the report over to the Member from Thebacha, Mr. Miltenberger.

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

Page 1314

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Erasmus. Mr. Miltenberger.

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

Page 1314

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Madam Chair. Complaints of enforcement, the area of complaints and enforcement was a major concern to the committee. Recent history has demonstrated that there is a lack of clarity in who has jurisdiction in dealing with serious allegations, or complaints. As one Member stated, "it is apparent that our current system is extremely vulnerable when it is brought into question it quickly hits gridlock. A disgruntled individual can have two arms of the Ffderal government, the Chief Electoral Office, and the RCMP, stumbling in confusion with no clear lines of authority.

Members raised concerns about how easily the system can be brought into question, particularly, when many of the ridings are won by a very small margin. As a Chief Electoral Officer stated to the committee the enforcement provisions in our current NWT Elections Act provide very limited authority for him to prosecute electoral offenses.

He acknowledged that there is a division of the authorities to prosecute and as a result the criteria for deciding whether to prosecute may be inconsistent. The Chief Electoral Officer said it needs to be clear who has the responsibility to investigate. Now, some complaints go to him, others to the RCMP, and still others are just left in the air. He said the area of enforcement is lacking and carries a price. The Members' agreed.

At the national level there is a Commissioner of Elections who is responsible for dealing with complaints and investigating, as necessary. This position would be independent from the government and would be appointed by the Chief Electoral Officer.

This type of

position may provide an expeditious avenue for dealing with complaints that should be one of the options considered.

In his last two reports the Chief Electoral Officer has raised concerns about complaints and enforcement. Members' believe strongly that it is time to go forward with solutions in this area. Further to the concerns about complaints and enforcement there is a need for clear procedures for resolving complaints. In the last election there were a number of grey areas which may require clarification.

It is important that there be consistency in dealing with complaints and that those with concerns can understand the process for raising those complaints. It is also important that procedures protect the rights of the innocent, by providing mechanisms for dealing with complaints in a timely and conclusive way. This would reduce the possibility for an individual or group to cast suspicion on a candidate which could have an impact on the outcome of the election, or if the complaint is founded, or not.

Madam Chair, I move that this Committee recommends that the NWT Elections Act be amended to create a mechanism dealing with complaints and enforcement and further that procedures for resolving complaints be developed prior to the next elections.

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

Page 1315

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Miltenberger. The motion is in order. To the motion. Question is being called. All those in favour? Those opposed? The motion is carried. Thank you, we will move on now with Mr. Henry.

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

Page 1315

Seamus Henry Yellowknife South

Thank you, Madam Chair. I am Chairman on Public Education. The Chief Electoral Officer stressed to the Committee the need for public education. Under his office there are a number of initiatives designed to increase the awareness of the elections process among both current and future voters. For example, the NWT elections officials are preparing an educational package for children aged five to seven which will familiarize them of the process of running for office.

As a result of this report's recommendation to change the NWT Elections Act and changes arising from division there will be an increased need for public education.

Madam Chairman, I move that this Committee recommends that the public education effort on the election process should continue.

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

Page 1315

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Henry. The motion is in order to the motion. Question is

being called. All those in favour of the motion? Opposed, if any? The motion is carried. Mr. Henry.

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

Page 1315

Seamus Henry Yellowknife South

Thank you, Madam Chair. Election expenses, with consensus government system the NWT is unique in how elections are called. In other jurisdictions while there may be rumours about a pending election, elections begin as soon as the dates are formally announced. In the NWT the date for the election is often the subject of the discussion within the Assembly. Dates are set often well in advance of the signing of the writs. For example, in the last election the dates were set in May, although the election day was in October. The current system of accounting for election expenses does not take this extended time into account. In some cases candidates had set up offices and were actively spending campaign funds prior to the official election period.

In order to provide a level playing field for all candidates the Chief Electoral Officer suggests extending the spending limitation period, the Committee agrees.

Madam Chair, I move that this Committee recommends that the spending limitation period be extended to include the entire period from the date an election is announced by the Legislative Assembly until polling day.

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

Page 1315

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Henry. The motion is in order to the motion. Question is

being called. All those in favour? Opposed? The motion is carried. Please continue, Mr. Henry.

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

Page 1316

Seamus Henry Yellowknife South

Thank you, Madam Chair. Although it was not raised specifically in the Chief Electoral Officer's Report, Members of the Committee also raised concerns about the current level allowed for campaign expenses. The maximum amounts allowable were set in the late 1980's. The Committee believe it is time to review the limits.

Madam Chair, I move that this Committee recommends that the current provisions in the NWT Elections Act regarding election expense amounts be revisited and appropriate revisions brought forward.

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

Page 1316

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Henry. The motion is in order to the motion. Question is being called. All those in favour? Opposed? The motion is carried. Thank you, Mr. Henry.

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

Page 1316

Seamus Henry Yellowknife South

I will ask Mr. Enuaraq to continue with the report.

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

Page 1316

The Chair

The Chair Jane Groenewegen

Mr. Enuaraq.

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

Page 1316

Tommy Enuaraq Baffin Central

Thank you, Madam Chair. Review of time frames, the electoral system in the NWT was originally based on the southern Canada model; however, we have a small population spread over a very large area. Difficulties in reaching all residents are compounded by transportation, communication, and even weather complications. As a result some of the deadlines and time periods used during the election have been modified over the years.

During this last election there were more time frames identified which could be revised to better support the NWT elections process. Some of these will require legislative changes while others are of an administrative nature.

Recommendation 6: I move that this committee recommends that the time frames set out in the NWT Elections Act be reviewed and a lot of operational realities and revised accordingly.

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

Page 1316

The Chair

The Chair Jane Groenewegen

Thank you, the motion is in order. To the motion. Question is being called. All those in favour? Opposed? The motion is carried, Mr. Enuaraq.

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

Page 1316

Tommy Enuaraq Baffin Central

Thank you, Madam Chair. Residency requirements, in order to better accommodate the lifestyles of residents of the NWT the enumeration procedures was modified for the last election. It was held well in advance at a time when the most people would be in their communities, rather than on the land, or away on their holidays.

While this change was very effective developing more comprehensive electors list, the first time around there was some complications. There were some problems for those who moved between enumeration, and polling day, and who failed to register during the revision. While can people can register to vote on polling day, they can only do so in the riding where they lived during enumeration. This left some people unable to vote. This was an unintentional side effect of another change and one which needs to be rectified.

The Chief Electoral Officer had proposed an amendment to address this situation. However, the Committee had strong concerns about the implications of the proposed amendment. While the amendment would solve one problem, Members saw it creating others. There is the potential for it to become another way to circumvent the enumeration process and be open to abuse in the same way which proxies have been in the past.

Members were also concerned about enumeration and subsequent voting rights of the students attending college in another part of the territory. During the last election, some students were enumerated while at school. They were unable to vote in their home riding in the fall. The committee believes these students should be able to vote in their home riding. With the recommendations regarding special ballot voting, it will be possible for students who are away to vote at home. Accommodation for these students would have to found in the enumeration process.

While the committee understands the issue raised by the Chief Electoral Officer, Members are not willing to close one loophole only to open others. Members would like to consider an amendment which would address all the issues relating to the extended period of time between enumeration and the polling day.

Recommendation 7

I move that this committee recommends that the amendments of the NWT Elections Act be developed to ... arising from the extended period of time between enumeration and polling day.

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

Page 1317

The Chair

The Chair Jane Groenewegen

Thank you Mr. Enuaraq. For the record, could you please repeat the motion, because I think we lost audio on you there part way.

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

Page 1317

Tommy Enuaraq Baffin Central

Thank you, Madam Chair.

Recommendation 7

I move that this committee recommends that amendments to the NWT Elections Act be developed to address the problems arising from the extended period of time between enumeration and polling day.

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

Page 1317

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Enuaraq. The motion is in order. To the motion. Question is being called. All those in favour? Opposed? The motion is carried. Mr. Enuaraq.

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

Page 1317

Tommy Enuaraq Baffin Central

Thank you Madam Chair. The Member for Iqaluit will continue our report.

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

Page 1317

The Chair

The Chair Jane Groenewegen

Mr. Picco.

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

Page 1317

Edward Picco Iqaluit

Good afternoon, Madam Chair.

The Eligibility of Land Claims Officials to Run as Candidates.

Currently, the government can provide leave without pay to allow people to run for office. According to the Chief Electoral Officer, the NWT Elections Act currently does not have a provision allowing an organization to give the same consideration to its staff.

During the last election, some individuals had decided to either resign from seats on land claim boards or not run. The electoral system should not knowingly deny opportunities to 1 potential candidate over another.

Recommendation 8

I move that this Committee recommends that sections 51(3) and (4) of the NWT Elections Act be amended to ensure consistency with the Canadian Charter of Rights and Freedoms.

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

Page 1317

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Picco. The motion is in order. To the motion. All those in favour? Opposed? The motion is carried. Mr. Picco.

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

Page 1317

Edward Picco Iqaluit

Thank you, Madam Chairman. Madam Chairman, Special Ballot and Experimental Voting Techniques.

The unique circumstances of the NWT require some innovation in how people register their ballot. We are dealing with individuals in isolated areas, extreme weather conditions, and very high transportation and communication costs. Anything which could correct a situation where it can cost over $1000 for an individual in an isolated situation to cast a ballot, would be a positive step. The Chief Electoral Officer believes that a mail-in special ballot system, used elsewhere in the world, could help overcome some of the barriers faced by voters in the Northwest Territories. He would also like other options such as tele-voting to be considered.

As well, there have been many problems with the current system of proxy voting, which is supposed to allow those who cannot get to the polls to vote. Recent developments in the NWT highlight the abuse possible with the current proxy system. Across the NWT, returning officers have indicated a general lack of understanding of the true purpose of a proxy vote. Issues such as what defines solicitation of a proxy vote are unclear and cause difficulties for both candidates and election officials. Many seats are won with narrow margins. The use of proxy votes and the potential for misuse under these circumstances heightens the need for a better way to deal with those who cannot get to the polls personally.

Recommendation 9

I move that this Committee recommends that special ballot voting be introduced, together with the testing of other voting procedures.

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

Page 1318

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Picco. Your motion is in order. To the motion. Mr. Arlooktoo.

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

Page 1318

Goo Arlooktoo Baffin South

Madam Chairman, I would like to ask the Committee Members whether the effect of this recommendation, if it is implemented, would do away with the present proxy system that we have?