Thank you, Mr. Speaker. Mr. Speaker, I rise today to speak to the issue of the most senior civil servant in the Northwest Territories government. At the same time as she is providing those services to the government, she is running the campaign -- as campaign chair -- for the Liberal Party. I have raised this issue as being inappropriate, as a conflict and a huge perception of conflict. It is an issue of serving two masters. Can it be done? It undermines the fundamental premise of a non-political civil service.
Mr. Speaker, on one hand the chief of staff says she is a deputy level appointment. On the other hand, the principal secretary says she is in effect the Premier's executive assistant.
There is confusion in terms of the definition. The categorizing of that position as being the same as an executive assistant is the same as saying a minnow and a great white shark are the same thing.
Mr. Speaker, I have taken the liberty of getting a legal opinion and that legal opinion says to me that the chief of staff's employment contract does not exempt her from the operation of Section 34 of the Public Service Act, because section 49(l)(k) allows only the Commissioner on the recommendation of the Minister to deal with these matters. Section 34(2) of the Public Service Act applies to the chief of staff if she is hired under an employment contract -- which we are told she is -- because she is then an employee within the meaning of the Public Service Act.
Mr. Speaker, Section 34(2) says the following:
"Subject to this section an employee may engage in political activity but shall not (b) during working hours engage in any political activity for and on behalf of a territorial, federal political party or candidate; (f) serve as an official agent for a candidate or as an executive officer of a territorial political party or a territorial riding association; or (g) potentially use, or attempt to use his or her position to effect the political activity of any other person."
So, Mr. Speaker. I think we have a problem here. The Cabinet has made a bad decision that, the way I read this, in effect contravenes its own legislation, either knowingly or unknowingly, because of poor advice. It is not a situation that can be ignored. It is not just a question of perception at this point.
Mr. Speaker, I request unanimous consent to conclude my statement.