Thank you, Mr. Speaker. I will be supporting this motion. First I would like to recognize the good fortune this government has of having a Conflict of Interest Commissioner with the
experience, qualifications and wisdom Mr. Gerrand exemplifies and of having the opportunity to call upon an equally esteemed individual such as Mr. Ted Hughes for the duties of an adjudicator when one is called for.
The Legislative Assembly and Executive Council Act provides the legislation and guidelines for conduct of Members of the Legislative Assembly in relation to conflict of interest and maintaining public trust in our democratic process. When questions of interpretation arise, it provides a way to resolve these questions and this has been done in this case.
The issue here was that in the absence of any recognition of wrongdoing by Premier Roland, Members, out of concern for the impacts of the Premier’s conduct on a democratic process, raised the question with the Conflict of Interest Commissioner. Mr. Gerrand, after a thorough review, agreed there was a serious question to answer and moved the question into the hands of adjudicator Hughes. The results are clear. A grievous error of judgment was made by Premier Roland, as reflected in the following quote from the decision tabled in the House on Friday last, and I quote from the report, “In a thoughtful and well reasoned closing submission Ms. Bisaro, on behalf of the complainants, in a manner that was devoid of any adversarial flavour, made the same point in the following words:
‘Mr. Roland’s commitment to his family apparently shown by the lack of disclosure of the relationship until he decided it was a lasting one, while commendable for the family values it may reflect, disregards his obligations and duties to the people of the Northwest Territories and the institution of public government. He had opportunities to amend his travel plans and business commitments to make it a priority to deal with his personal situation, to advise his colleagues and family, but he chose not to. We believe it not only contributes to the loss of public confidence and trust, but also shows a lack of respect for all.
‘The failure of the Premier to understand the impact that the affair would have on the effectiveness of our institution and the failure to disclose it even to the Speaker, who had the ability to remedy the situation and would have treated it with the sensitivity it deserved, was in our opinion wrong, and we seek your confirmation.’”
Mr. Hughes continues, “In this section of my report I have given that confirmation and the reasons for it with the result that the contravention referenced in the terms of reference for this inquiry is found to exist. That is to say Floyd Roland, the MLA for Inuvik Boot Lake performed his duties of office and arranged his private affairs in such a manner that
he failed to maintain public confidence in his integrity, objectivity and impartiality as a result of entering into an intimate relationship with the Principal Clerk, Committees of the Northwest Territories Legislative Assembly in the summer and/or fall months of 2008 without the timely disclosure of that relationship.
“In my judgment the concern of the complainants that prompted their complaint to the Conflict of Interest Commissioner, and which in turn resulted in this inquiry was a fair and reasonable one to be taken the Commissioner seeking confirmation of what they believed to be wrong.”
Further, Mr. Roland’s legal counsel suggested that were Mr. Hughes to find this conclusion, he must also conclude that the error was made in good faith and that the complaint must be dismissed as per the legislation. Such was in fact the case as per the following quote in the tabled document, and I quote from page 37, “...I have also concluded that Premier Roland had an appreciation of the error he had made when he posed the question during the presentation of his evidence of whether he had arranged his affairs appropriately. In answering his own question he acknowledged that in hindsight he probably should have come forward sooner with his disclosure. As he spoke, his sincerity was both apparent and real. In making that acknowledgement, in the manner that he did, he left me with no doubt that his error of judgment was one made in good faith.
“What occurred here is, I believe, the type of situation that the legislators of the day had in mind when they placed section 106(1)(a)(ii) in the act. It follows that the complaint is dismissed.”
Mr. Speaker, I have every confidence in Mr. Hughes and I fully support his conclusions based on the evidence presented at the hearings. With this acceptance, I am sure we will hear from Premier Roland a clear and coherent apology to our public for his actions, an apology which reflects the clarity of Mr. Hughes’ report, a new depth of understanding about how his actions breached public trust and confidence in his integrity, objectivity and impartiality.
Mr. Speaker, I have to comment on one further issue. At the same time admitting that while I fully accept the adjudicator’s report within the context of the information available to him on this case, we in the Assembly have a much more thorough and ongoing record of behaviour and, in my opinion, questionable judgments by Premier Roland. Within this context, my enthusiasm for the less significant part of the report entitled “Disposition” is somewhat dim. I asked myself, did we fail in making the full context of Mr. Roland’s record available to Mr. Hughes and, if so, how or why? During the course of the lead-up to the public hearings, I learned that while legal counsel would be provided to Mr.
Roland, it would not be provided to the complainants, apparently because of an unintended consequence of a recent revision of the Legislative Assembly and Executive Council Act. Legal counsel was also provided to the adjudicator. As I learned during the hearings, the hearings are essentially legal proceedings with an adversarial relationship between the complainants and the defendant. Mr. Speaker, in such a venue, to prohibit legal counsel to any party is to undermine their rights and effectiveness in upholding the law. That is, it is unfair. In my opinion, that is unfair. As a consequence, I will be writing to the Board of Management urging them to address this shortcoming of the legislation.
In summary, Mr. Speaker, I thank the Conflict of Interest Commissioner and the adjudicator, Mr. Hughes, for their important service. I thank them for the clarity they have brought to our question and the confirmation that, indeed, a breach of public trust in competence has occurred. This is a significant finding that I anticipate will help avoid such contraventions in the future. I fully accept the adjudicator’s report and I look forward to the Premier’s apology and will vote in favour of the acceptance of the motion in the House here today.
Finally, I want to thank the public for their support and their forbearance with respect to the personal and financial costs that resolution of issues such as this bring. I know they are aware of the need for resolution of fundamental and important questions for a healthy democratic process, one that is fair to all in order for it to proceed. Mahsi.