On May 7, 2001, the honourable Member for Hay River South, Jane Groenewegen (the "Minister") brought forward an application to the Board of Management (the "Board") requesting the Board direct the Conflict of Interest Commissioner (the "Commissioner") to suspend her investigation into a complaint made by Jack Rowe against the Minister (the "complaint"); and further that the Board recommend to the Commissioner of the Northwest Territories under section 92(3) and 92(1)(a) of the Legislative Assembly and Executive Council Act (the "Act") that the Conflict of Interest Commissioner be temporarily suspended and an acting Conflict of Interest Commissioner be appointed. The application alleged that there was a reasonable apprehension of bias on the part of the Commissioner respecting the investigation and that this gave rise to her inability to act due to "cause or incapacity" or that she was unable to act as a result of this.

The Board wished to hear from all parties on the issue and requested submissions on initially, the question of jurisdiction of the Board and secondly, if jurisdiction was found, on the facts and substantive issues in the application.

During the course of this, the Legislative Assembly reconvened on June 5, 2001 and the matter became an issue for the Legislative Assembly to deal with because the power of the Board exists only when the Legislative Assembly is not sitting.

As a result of this, and because the Conflict of Interest Commissioner intended to release her investigation report, she sought the direction of the Assembly as to whether or not she should hold it past June 13, 2001. The Legislative Assembly passed a motion establishing the Special Committee on Conflict Process to deal with the matter.