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.