This is page numbers 623 - 650 of the Hansard for the 13th Assembly, 6th 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 today.

Topics

Item 9: Replies To Opening Address
Item 9: Replies To Opening Address

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The Speaker Samuel Gargan

Thank you. 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. Mr. Ningark.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

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John Ningark Natilikmiot

Thank you, Mr. Speaker. Mr. Speaker, I wish to report to the Legislative Assembly that Special Committee on Nunavut Legislation has reviewed Bill 30, Nunavut Power Utilities Statutes Amendment Act, and wishes to report Bill 30 is ready for committee of the whole. Thank you, Mr. Speaker.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

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The Speaker Samuel Gargan

Thank you. Reports of committees on the review of bills. Mr. Erasmus.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

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Roy Erasmus Yellowknife North

Mr. Speaker, I wish to report to the Legislative Assembly that the Standing Committee on Government Operations reviewed Bill 29, Northwest Territories Power Corporation Division Measures Act, and wishes to report that Bill 29 is now ready for committee of the whole.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

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The Speaker Samuel Gargan

Thank you. Reports of committees on the review of bills. Mr. Erasmus.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

Page 646

Roy Erasmus Yellowknife North

Thank you, Mr. Speaker. I wish to report to the Legislative Assembly that the Standing Committee on Government Operations has reviewed Bill 31, An Act to Amend the Public Utilities Act, and wishes to report that Bill 31 is now ready for committee of the whole.

Item 12: Reports Of Committees On The Review Of Bills
Item 12: Reports Of Committees On The Review Of Bills

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The Speaker Samuel Gargan

Thank you. Item 13, tabling of documents. Mr. Steen.

Vince Steen

Vince Steen Nunakput

Thank you, Mr. Speaker. Mr. Speaker, I wish to table the following document: Conflict Complaint against Groenewegen dismissed. This is a news release from July 10, 1996.

The Speaker Samuel Gargan

Tabling of documents. Mr. Todd.

John Todd Keewatin Central

Thank you, Mr. Speaker. Mr. Speaker, I have two documents to table. I wish to table the following document entitled, Workers' Compensation Board Corporate Plan 1999-2001.

John Todd Keewatin Central

If I may, Mr. Speaker, I wish to table the following document entitled Employee Claims Certificate. Thank you.

The Speaker Samuel Gargan

Thank you. Tabling of documents. Mr. Ootes.

Jake Ootes

Jake Ootes Yellowknife Centre

Thank you, Mr. Speaker. I would like to table the document prepared by Friends of Democracy, Electoral Boundaries Court Challenge. The organization is making an application to the court today. It is a seven page document that provides background information on a number of topics. It is signed by seven individuals. Thank you.

The Speaker Samuel Gargan

Tabling of documents. Item 14, notices of motion. Item 15, notices of motion for first reading of bills. Item 16, motions. Motions 13-13(6). Mr. Erasmus.

Roy Erasmus Yellowknife North

Mr. Speaker, I move:

WHEREAS the Legislative Assembly has received the Report of the Conflict of Interest Commissioner in the matter of a complaint under Part III of the Legislative Assembly and Executive Council Act by the Member for Hay River in relation to the Member from Tu Nedhe;

AND WHEREAS the Member for Tu Nedhe has filed an Application for a Judicial Review in the Supreme Court of the Northwest Territories claiming that the Conflict of Interest Public Inquiry was not conducted in accordance with the principles of natural justice;

AND WHEREAS it is important that the Legislative Assembly be satisfied that the hearing was conducted in accordance with the principles of natural justice;

NOW THEREFORE, I move, seconded by the honourable Member for Thebacha, that this Legislative Assembly notwithstanding its inherent power to control its own proceedings, privileges or prerogatives, waives its privilege over this matter to allow the Application for a Judicial Review to proceed. Thank you.

The Speaker Samuel Gargan

Thank you, Mr. Erasmus. I have carefully reviewed this motion with the view to ascertain the intent of the motion to determine if it is in order. Unfortunately, I must rule the motion out of order as contravening our long standing sub judice convention. In ruling this motion out of order, the Chair feels that due to the significant nature of this matter, I would like to explain the reasons for the ruling.

It has long been the principle that Legislatures will not comment on matters that are before the courts. While the House permitted debate on Tabled Document 37-13(6), the Report of the Conflict of Interest Commissioner, notwithstanding the application for judicial review, we did so because the essence of the report, the discipline of a Member was within the purview of this Legislature. There was also a strongly held view that it was essential to the public interest and to the governance of this territory that the matter of the Member's conduct be resolved. Therefore, in that debate, the sub judice convention did not apply so as to bar debate.

The same cannot be said to be true of this motion. This motion speaks of an issue that is directly before the courts and is, I understand, scheduled to be argued on Friday, December 11, 1998. The essence of the proceeding is whether the Courts will grant the Member for Tu Nedhe the opportunity to have a judicial review of the Commissioner's findings. To allow this motion to proceed would be a direct interference with the role of the Courts in deciding this very important issue. To illustrate my point, I quote from Erskine May's Parliamentary Practice 22nd edition, page 333:

"no matter awaiting or under adjudication by a court of law should be brought before the House by a motion or otherwise..."

Very clearly, this motion contravenes this principle and goes to the very heart of the reasons as to why we have a sub judice convention and rules, and, therefore, I must rule the motion out of order.

Motions. Item 17, first reading of bills. Mr. Todd.

John Todd Keewatin Central

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Baffin South that Bill 32, Supplementary Appropriation Act, No. 4, 1998-99, be read for the first time. Thank you, Mr. Speaker.

The Speaker Samuel Gargan

Thank you. The motion is in order. To the motion. Question has been called. All those in favour? All those opposed? Motion is carried. Bill 32 has had first reading. First reading of bills. Item 18, second reading of bills. Mr. Todd.

Item 18: Second Reading Of Bills
Item 18: Second Reading Of Bills

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John Todd Keewatin Central

Mr. Speaker, I move, seconded by the honourable Member for Baffin South that Bill 32, Supplementary Appropriation Act, No. 4, 1998-99, be read for the second time, Mr. Speaker. Mr. Speaker, this bill to make supplementary appropriations for the Government of the Northwest Territories for the fiscal year ending 1998-99. Thank you, Mr. Speaker.

Item 18: Second Reading Of Bills
Item 18: Second Reading Of Bills

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The Speaker Samuel Gargan

Thank you. The motion is in order. To the principle of the bill. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 32 has had second reading and is now referred into committee of the whole. Second reading of bills. Item 19, consideration in committee of the whole of bills and other matters. Bill 32, with Mr. Steen 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

Page 647

The Chair

The Chair Vince Steen

I call the committee to order. We just have one item in committee of the whole today, Bill 32. If the committee agrees, we will deal with Bill 32 after we take a break. 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

Page 647

Some Hon. Members

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

Page 647

The Chair

The Chair Vince Steen

Agreed. Thank you.

--Break

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 647

The Chair

The Chair Vince Steen

I would like to call the committee to order. We are on Bill 32, Supplementary Appropriation Act, No. 4, 1998-99, and I will ask Mr. Todd, Minister responsible, to introduce the bill please.

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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John Todd Keewatin Central

Thank you, Mr. Chairman. Supplementary Appropriation Act, No. 4, 1998-99, requests authority for additional appropriations of $5.947 million, made up of $4.252 million for operations and maintenance expenditures and $1.695 million in capital expenditures. The total supplementary appropriations, year to date, do exceed the supplementary appropriation reserve included in the main estimates. The improvement in the 1998-99 revenue forecast on a one-time retroactive adjustment to the grant from Canada in the 1997-98 fiscal year has permitted the government to address a few critical needs through supplementary appropriations. With the revenue adjustments and additional supplementary appropriations, we do project an accumulated surplus at the end of the 1998-99 fiscal year of approximately $52 million as compared to an accumulated deficit of $28 million forecast in the 1998-99 Main Estimates. However, Mr. Chairman, our fiscal situation still requires vigilance.

The operations and maintenance appropriation grant include $2.3 million for the Department of RWED to address a shortfall in the fire suppression budget as a result of significantly more fires in the previous years, $1.2 million to establish the diamond projects division in the Department of RWED, and $752,000 for the Department of RWED to initiate third party partnerships to address urgent needs for the new Nunavut Territory. The capital appropriation grants include $1.7 million for the NWT Housing Corporation to fund the Minimum Down Payment Assistance Program Pilot Project. Thank you, Mr. Speaker.