CBC and Lee Selleck

8. 1 When a committee of this Legislature is mandated to undertake certain tasks, it has a broad ambit of authority to do so. This authority rests in age old principles of parliamentary privilege. Those principles exist and historically have been used to ensure that the government of the nation can properly undertake its responsibilities to its citizenry.
8. 2 When a witness or person requested to attend before a committee duly constituted chooses to ignore both the authority of that process and the reasons for it, it is a matter of utmost seriousness.
8. 3 The actions of Mr. Selleck are a breach of the well-established constitutional privileges of the Assembly and amount to a clear and deliberate contempt of its authority and proceedings.
8. 4 However, after careful reflection, this committee has chosen not to request the House to embark in a sideline dispute with either Mr. Selleck or the CBC.
8. 5 The relationship between elected Members and those of the media ought to be characterized by mutual respect and propriety. In the view of this committee, the actions of Mr. Selleck reflected neither of those qualities. Mr. Selleck's credibility and that of the CBC has been seriously damaged in the process, Mr. Speaker.
8. 6 This situation may have been different had either Mr. Selleck or his legal counsel taken time to apprise themselves of the most fundamental aspects of parliamentary privilege and journalistic conventions.
8. 7 The consequences of their own actions on their reputations may well be much more far reaching than any specific sanctions by this House.
8. 8 Any relationship between media and politicians to some degree rests on both good will and respect for the institutions they represent. When either of those aspects is absent, the relationship will necessarily suffer and one or the other of the institutions is diminished, Mr. Speaker. Unfortunately in this case, the committee is of the view that the CBC is unnecessarily diminished.

Recommendation 1

This committee therefore recommends that no further formal action be taken with respect to Mr. Selleck and the CBC.

Minister Jane Groenewegen

8. 9 The committee does not propose to reiterate its findings earlier in this report concerning the actions of Minister Groenewegen. It has reported that in the view of the committee, her actions have fallen far short of those standards expected of members of Cabinet.
8. 10 The public cannot maintain confidence in this government when the standards which were adopted by the Minister remain without censure and resolution. The resignation of Ms. Groenewegen as Deputy Premier, in the view of the committee, does not adequately address the gravity of her actions.
8. 11 The committee was further struck during the evidence of Ms. Groenewegen in the hearings in that it demonstrated a remarkable scarcity of remorse or critical self-reflection.
8. 12 For these reasons, the committee is of the view that the confidence of the House can no longer be reposed in this individual as a member of Cabinet.

Recommendation 2

This committee recommends that the adoption of this report be deemed to be a resolution of the House of censure and want of confidence in the Minister and that she submit her resignation forthwith.

Conflict of Interest Commissioner, Carol Roberts

8. 13 This committee has reported above its serious concerns respecting the actions and inaction of this Conflict of Interest Commissioner. This office requires an extremely high standard of judgment and engagement with Members. The function of the office contributes to both elected Members and the public at large having an appropriate working knowledge of the standards expected, Mr. Speaker.
8. 14 The relationship between Members and the Conflict of Interest Commissioner correspondingly requires a high degree of confidence in her experience, approach, judgment, availability and perspective.
8. 15 The concerns related above in this report reveal an absence of some of those essential qualities to a degree which erodes beyond acceptable limits the confidence of Members in her continued role as Conflict of Interest Commissioner.

The act states that:

s. 91(3) Subject to section 92, the Conflict of Interest Commissioner holds office during good behaviour for a term of four years.

s .92(1) The Conflict of Interest Commissioner may resign at any time by notifying the Speaker in writing or, if the Speaker is absent or unable to act or the office of the Speaker is vacant, by so notifying the Clerk.

s. 92(2) The Commissioner, on the recommendation of the Legislative Assembly, may, for cause or incapacity, suspend or remove from office the Conflict of Interest Commissioner.

8.16 Mr. Speaker, in the view of this committee, the actions of the Conflict of Interest Commissioner in this matter and generally detailed in this report constitute cause and reflect the unacceptable erosion of confidence in her management of these difficult and important responsibilities. The relationship between Members and the Conflict of Interest Commissioner has, in our view, broken down to a degree that it cannot reasonably be rehabilitated. In the absence of such a relationship, the capacity of the Conflict of Interest Commissioner to carry out the responsibilities of office is wanting. For these reasons:

Recommendation 3

This committee recommends that the adoption of this report be deemed to be a resolution of the House authorizing and confirming the following:

1. a) That the Legislative Assembly has lost confidence in Carol Roberts as Conflict of Interest Commissioner;
2. b) That the Legislative Assembly requests Ms. Roberts to submit her resignation to the Speaker on or before October 27, 2001; and

c) Failing provision of the resignation as requested, the Legislative Assembly recommends to the Commissioner of the Northwest Territories that Ms. Roberts be removed from the office of the Conflict of Interest Commissioner pursuant to section 92(2) of the Legislative Assembly and Executive Council Act.

Restoring Integrity to the Office of the Premier

8.17 In our unique system of government in the Northwest Territories, Members work on a basis of consensus and partnership. In such a system by convention, the Legislative Assembly elects the Premier. In doing so, Members of the Assembly repose their trust, a trust which has been placed in them by the electorate, in the Government Leader.

8. 18 This trust has, as its foundation, the confidence that the leader of our government will undertake his or her responsibilities with dignity and integrity. The Premier is therefore charged not only with maintaining and safeguarding the trust of elected Members, but more importantly, Mr. Speaker, that of the citizens of the Northwest Territories.
8. 19 The Premier must engage the assistance of others to contribute to the many responsibilities of that office, while never forgetting that it is he who is accountable to the public and he who must bear ultimate responsibility for their conduct. He has the authority and the discretion to engage persons who are best suited to these important tasks. In doing so, the standards, practices and conduct of persons occupying the positions of principal secretary and chief of staff must reflect those of the government and those which the Members, officers of the House and the electorate fairly expect and require.
8. 20 It is the firm expectation of this committee that the Premier has no option but to take immediate steps that will demonstrate the commitment of this government to high standards of practice and conduct, standards which the electorate has every right to expect and indeed assume.
8. 21 The provision of a jointly addressed letter of reprimand to Mr. Bayly and Ms. Sorensen, a document which both individuals refused to produce to the committee, falls far short of the required action. This refusal is capable of a finding of contempt by the House should this committee have so requested that action.
8. 22 This committee is of the view that the Premier should require the resignations of John Bayly, principal secretary, and Lynda Sorensen, chief of staff. In the view of the committee, the gravity of the actions of these individuals requires a comparable response by the Premier which reflects the seriousness of these issues.

Recommendation 4

The committee recommends that the Premier take immediate action to regain the confidence of the public and all Members in the integrity of government and the standards of all persons within government as this action is essential in order that the Premier retain the confidence of the House.