Good afternoon, colleagues. Before we proceed today I’d like to provide my ruling on the point of order raised on Monday, February 25, 2013, by the Member for Yellowknife Centre, Mr. Hawkins.

Mr. Hawkins rose on a point of order further to reviewing the transcripts of a question and answer exchange between himself and the Premier, the Honourable Bob McLeod, on Friday, February 22, 2013.

Mr. Hawkins’ point is that the Premier, in responding to Mr. Hawkins’ questions, breached Rule 2(g) of the Rules of the Legislative Assembly by referring to confidential standing committee discussions on an infrastructure project.

Rule 2(g) states, “Point of order means any departure from any written or unwritten rule or custom of this Assembly or of Parliamentary tradition.” I’m guided by previous rulings by Speakers of this Assembly, and by Marleau and Montpetit House of Commons Procedures and Practices, in confirming that reference to confidential committee discussions does constitute a violation of Rule 2(g).

The point of order, therefore, turns on whether Premier McLeod did in fact breach confidentiality.

In considering this matter, I have reviewed the unedited Hansard from February 22, 2013, and in particular Premier McLeod’s comments on page 26, which were also quoted by Mr. Hawkins in speaking to his point or order. Premier McLeod said, “We did, as the government put it, have that project called the NWT Law Courts Project and we put $40 million in the capital budget in 2005-2006. Committee took it out of the budget.”

I have also reviewed the unedited Hansard from February 25, 2013. In raising the point of order, Mr. Hawkins stated, on page 1, “I have searched high and low and combed committee reports, and I have not found any formal position taken on it, so I draw the attention of the House that there was a breach of committee confidentiality.”

In responding to the point of order, the Premier stated, at page 2 of the unedited Hansard, "I know that the $40 million was put on the capital budget as a marker. It had considerable opposition. It was my understanding that that’s what happened.”

The Member for Thebacha, the Honourable Michael Miltenberger, also spoke to the point of order. Mr. Miltenberger stated, at page 1 of unedited Hansard, “I just want to make the point that if the Member says that he couldn’t find any reference to it high or low and then he says it’s a breach of committee confidentiality, if in fact there’s no evidence or reference to it, how can it be a breach of committee confidentiality?”

I found Mr. Miltenberger’s comments most helpful in addressing this matter. Mr. Hawkins himself acknowledged that he was unable to find any documentation substantiating that committee had, as Premier McLeod suggested, caused the courthouse project to be removed from the budget. I note that remarks made by the then Minister of Justice, the Honourable Brendan Bell, provide an alternate explanation for the decision. I quote Minister Bell from the Hansard from March 6, 2007, at page 1236, “…the delay in the courthouse is the direct result of limited capital funds and seemingly unlimited capital needs across government, whether it’s repairing schools or other things. Members are fully aware of the rationale for delaying the courthouse at this point.”

As your Speaker, I do not claim to know what the committee’s position was on the courthouse in 2005, 2006 or 2007. I only note that there are now at least two explanations on record, Minister Bell’s and now Premier McLeod’s, for why the courthouse project was taken out of the budget.

I also considered it relevant that, as Members should well know by now, no committee has the authority to remove an infrastructure project from a budget. The decision on whether to include an item in a budget proposed to the Legislative Assembly lies solely with the government. The decision to remove an item included in a budget before the Legislative Assembly lies solely with the Assembly. This is best summarized in the oft quoted phrase, “The government proposes, the Legislature disposes.”

As I stated earlier, the point of order turns on the question of whether Premier McLeod breached committee confidentiality. However, Premier McLeod could not have breached committee confidentiality in stating that a committee took an infrastructure project out of the budget, when, in the first place, no standing committee has the authority to do this and, in the second place, none of the Members who spoke to the point of order indicated they had direct knowledge or evidence that the discussions or positions attributed to the committee in fact took place or existed.

Therefore, I find that the Member for Yellowknife Centre does not have a point of order.

However, that’s not to say that Premier McLeod’s comments do not raise some concerns, and I would like to take this opportunity to caution Members on a few matters.

First, it’s important to point out whether the Premier believed his statement to be a true reflection of how the infrastructure project came to be removed from the budget is irrelevant to the question of whether Rule 2(g) was infringed. The issue is whether the Premier breached confidential committee discussions. Had the subject matter been more recent committee business, and had it been possible to better substantiate the accuracy of the position or discussions attributed to the committee, the same remarks may well have been ruled out of order.

Second, as your Speaker, I am concerned that comments such as those made by Premier McLeod may contribute to inaccurate public perceptions about the decision-making processes of this Assembly.

As I emphasized earlier, no committee has the authority to remove an infrastructure item from a budget. The government proposes and the Legislature disposes.

Colleagues, in many instances during the 17th Assembly, I have noticed both Regular Members and Cabinet Members making references to committee business and discussions that have not been previously reported. I can appreciate that sometimes the distinction between which references are allowed and which are not can sometimes be a difficult one to make.

In this matter, I find Speaker Delorey’s guidance in his October 21, 2004, ruling helpful and quote the following: “Members on both sides of the House have a duty to ensure that they are mindful of the rules about confidential information and are respectful of one another at all times. This is one of those areas where it might be prudent to err on the side of caution so that privileges of all Members, individually and collectively, are protected.”

I would like to echo these words and ask my Members to take them to heart as we continue to

work together through the 17th Legislative

Assembly. Thank you, Members.

---Applause

Item 2, Ministers’ statements. Honourable Premier, Mr. McLeod.

Mr. Speaker, I am pleased to advise Members that the Tlicho Government will be signing the Devolution AIP.

---Applause

They are joining our Government, the Government of Canada and the Inuvialuit Regional Corporation, Northwest Territories Metis Nation, Sahtu Secretariat Incorporated and Gwich’in Tribal Council as signatories. The Tlicho Government advised us of their decision at a meeting yesterday and we look forward to a signing ceremony in Behchoko on March 8th to welcome them back to

the table as full partners in the future in the management of land and water resources in the Northwest Territories. Mr. Speaker, we now have every Aboriginal government with a settled claim at the table with us.

---Applause

The Tlicho Government has taken the time they needed to determine what was best for the people they represent and we respect that commitment, it is one that all signatories share. The Tlicho Government has stated their willingness to work with us and we are pleased that their final decision was to become part of devolution.

The Tlicho Government is unique among Aboriginal governments in the Northwest Territories in having already negotiated self-government as part of their claim. They have legislative authority and jurisdiction that is constitutionally protected and ensures their right to govern themselves. As a government, they know what it means to make important decisions and we appreciate their decision to rejoin devolution. With their help, we will ensure that their citizens and all Northwest Territories residents enjoy the benefits that devolution will bring.

Devolution will give Northerners the tools, authority and resources to manage future development in the Northwest Territories so we can ensure all our residents benefit and our environment is protected the way Northerners want it to be. The reality is that our economy depends largely on the Northwest Territories’ rich store of natural resources. Developed sustainably and responsibly, these resources can create a strong, prosperous territory that provides opportunities for jobs and personal

success to all our people right across the Northwest Territories.

I would like to offer our continued support to the two remaining regional Aboriginal governments without settled claims. The Dehcho and Akaitcho Territory governments are focused on settling their land claims and the Government of the Northwest Territories remains committed to our role in moving the process forward. We have written to both governments and invited both of them to sign on to devolution. We will continue to work with the two unsettled claim areas and encourage them to consider the benefits that devolution will bring to their people.

Mr. Speaker, our goal is within reach. Devolution means jobs and business opportunities, more control over the economy, new revenues and a greater say in resource development and environmental protection for the Northwest Territories. The deal we have negotiated is the fruit of more than 10 years of hard work.

As we turn our minds more fully to implementation and transition, I am pleased that we will have the majority of Aboriginal governments at the table with us. With their help and partnership, we will be in a position to make the most of our new responsibilities and ensure that all people of the Northwest Territories enjoy the benefits. Thank you, Mr. Speaker.

Thank you, Mr. McLeod. Honourable Premier, Mr. McLeod.

Mr. Speaker, for the past year our government has been celebrating the Queen’s Diamond Jubilee with the rest of Canada and the 15 other Commonwealth Realms.

We began the Jubilee year last February when Members unanimously passed a motion in this House congratulating the Queen for her years of service. Over the year, communities came together in their own celebrations of the Queen’s reign, including feasts, Diamond Jubilee teas, essay contests, hockey tournaments, garden parties and barbecues.

One of the most notable ways we have celebrated the Jubilee has been our participation in the Queen Elizabeth II Diamond Jubilee Medal program. The Diamond Jubilee Medal program was established by the Government of Canada to honour the Queen, and to recognize the service of Canadians from all walks of life and backgrounds that have made significant contributions to their communities and helped create the Canada of today. We were pleased to take part in this program along with our partners, the Commissioner of the Northwest Territories, the Member of Parliament for the

Western Arctic and the Senator for the Northwest Territories.

Together we have recognized 145 Northwest Territories residents for their service to their communities and territory. People from every constituency were honoured with Queen’s Diamond Jubilee medals to thank them for building a strong, sustainable future for our territory. Nominations came from the public, from Members of the Legislative Assembly and from Aboriginal governments. Our recipients join several other Northwest Territories residents who were nominated by other organizations, including the RCMP, St. John’s Ambulance, the Federation of Canadian Municipalities and others.

Presentation ceremonies have been held around the territory throughout the year, often with the help and participation of Members. I would like to thank all Members of this House for participating in the program and helping to present medals in their communities. I would also like to thank our partners and Aboriginal governments for joining with us in this important initiative to recognize deserving Northerners from across the territory.

The Diamond Jubilee officially ends today. On behalf of Members of the Assembly, I would like to extend our congratulations to all recipients of the Queen Elizabeth II Diamond Jubilee Medal and offer our best wishes to Her Majesty once again. We will be holding the final Yellowknife medal presentation ceremony in the Great Hall this afternoon and I invite all Members to join us as we celebrate the end of the Diamond Jubilee. Thank you, Mr. Speaker.

Thank you, Mr. McLeod. Colleagues, before we go on today, I’d like to welcome to the House former Premier, Mr. Jim Antoine, and former Cabinet Minister. Welcome back to the House.

---Applause

And our one and only Mr. Anthony J. Whitford, former Commissioner, Speaker, Minister, MLA, Honourary Clerk of the House, Sergeant-at-Arms and now a Navy Captain. Welcome back to the House, Tony.

---Applause

Item 3, Members’ statements. The honourable Member for Hay River South, Mrs. Groenewegen.

Thank you, Mr. Speaker. Today I’d like to follow up on my colleague from Hay River North when he spoke about dredging in the Hay River this week.

Hay River is the second largest community in the territory. When communities locate where they do, it’s for a reason, and the reason, I assure you, that Hay River is located where it is, is because it is at the mouth of the Hay River which flows into Great Slave Lake. The industry of Hay River, our recognition as the Hub of the North, is all based on the transportation industry.

Our community was founded on the fact that we are the largest inland harbour in western Canada. For that reason, the Canadian Coast Guard, the Department of Fisheries and Oceans, these institutions are located in Hay River. But it is now a sad day because after the federal government Department of Public Works dredging department pulled out of Hay River, they devolved the responsibility to this government, for which there was no plan, no money, no equipment and I don’t know how the federal government could have gotten away from absolving themselves and stepping away from that responsibility.

We keep asking the Minister of Transportation what he’s going to do about it, but we are knocking on the wrong door. There is no way that our government is going to step up with the equipment and the money to dredge the harbour in Hay River. It is a very urgent issue. Not only is it affecting our destination as the home of the Canadian Coast Guard installation, it is also threatening the residents, a great number of residents of our community who live on Vale Island, because of the annual risk of flood. That is something that can only be continuing to cost this government money through Municipal and Community Affairs.

As we talk about devolution and we hear about NWT Days and we hear about our government going down to Ottawa to talk about the Inuvik-Tuk highway, the fibre optic link, devolution, I would like them to add another topic to their list of priorities that they need to talk to the federal government about, and I would like that to be the dredging of the Hay River Harbour.

Hay River is the second largest community. We absolutely depend on that harbour for the livelihood and the economy of the community. It’s for the safety of our citizens and I would like to ask the Premier later today if the dredging of the Hay River Harbour will be up there, named off with those things that will be taken to the attention of the Prime Minister’s office and the federal government each and every time we speak to them. Thank you, Mr. Speaker.

Thank you, Mrs. Groenewegen. The honourable Member for Hay River North, Mr. Bouchard.

Thank you, Mr. Speaker. This weekend I have the opportunity to attend some of the events going on in Hay River. As I indicated yesterday, it will be March 1st and the beginning of

spring is here, because we have the carnival. The Kamba Carnival will be starting this week and I’d like to thank all the organizers that had to help organize it. I would like to wish the five queen contestants good luck on the competition, and also those people that are in the snowmobile races, snocross races and drag races. Good luck. Hopefully everyone participates safely.

This brings a lot of people into the community and I’d like to bring a couple of other events that are coming to Hay River here soon. On March 15th to

17th Polar Pond Hockey is going to be celebrating

its fifth anniversary. They build 10 hockey rinks and play hockey right on the ice like they did in the old days, maybe in Deline when they started. I’d like to have people look into the Polar Pond Hockey, sign up. There’s a last-minute signup sheet. You can look on line at polarpondhockey.com and sign your four-person team up. You can be an open team, a ladies’ team, a seniors’ team.

Also that same weekend on the Saturday, the 16th ,

we have a Hay River ice fishing challenge. It’s basically an ice fishing derby that’s going to be the second annual. Last year was very successful and the early draw will be happening tonight.

The weekend of the 15th to 17th is going to be an

exciting weekend, but I look forward to seeing the activities that are going on in Hay River tomorrow. Tomorrow we will have an official half day off for the Kamba Carnival.

Thank you, Mr. Bouchard. The honourable Member for Frame Lake, Ms. Bisaro.

Thank you, Mr. Speaker. It’s not often that I get really angry about a response from this government. Today I am riled.

Last fall I tried to get some information from the Minister of Education’s office about planned renovations or upgrades to two Yellowknife schools. It took some doing, but I did get some information. It didn’t suggest much capital planning on the part of the department, though, so six weeks ago I submitted a written question to Minister Lafferty in the House. I asked for the plans that Education, Culture and Employment has for renovations or new construction for our 47 NWT schools in the next five years, the next 10 years, and the next 20 years. I was looking for evidence of

a capital plan. Some evidence of a long-term plan for education facilities. Yesterday the Minister tabled his answer to my question. It’s on page 31 of February 27th unedited Hansard. It’s not worth the

paper it’s written on and has left me truly disturbed and frustrated.

The response contains no statistics. Not one school is mentioned. I am advised of the capital planning process and that budget amounts for capital projects are not published. I know that process. That’s not what I asked for. I waited six weeks to be provided with information I already know. I think it would have been preferable for me to get no answer rather than the one I received. I feel this answer is an affront to my intelligence and a slap in the face to our legislative system.

Written questions are intended to provide Members with detail that cannot rightly be provided during our oral questions exchanges. How else can Members get detailed information about a certain issue or concern into the public realm?

I wasn’t looking for dollars and cents, just the plans ECE has to maintain and replace their infrastructure in the future. The response suggests that there is no plan, that the department has no idea which schools need renovations or replacement and when. This response suggests that any education capital projects will be left to the lobbying efforts of MLAs and subject to political suasion and whims. Hardly a well thought out plan.

I will have questions for the Minister of Education about plans for school renos and replacements at the appropriate time.

Thank you, Ms. Bisaro. The honourable Member for Sahtu, Mr. Yakeleya.

Thank you, Mr. Speaker. The people in the Sahtu have always talked about going out on the land. Unfortunately, some of our people end up in correctional institutions. I’ve listened to Colville Lake people, people in Fort Good Hope and Tulita, Deline and Norman Wells. The older people talk about the power of going out on the land and getting healed and being taught.

Unfortunately, this government has only two, I think, on-the-land treatment programs or healing programs or correctional camps that are operating, if not maybe one. People in the Sahtu are saying that and the elders are saying that. Old Jim Perriot, the old former chief, is saying take them on the land, or Chief Charlie Barnaby, the former chief, says take them out on the land. Our elders are saying this for a reason.

Even this morning, I read parts of the book on returning to the teaching by Rupert Ross, who was the assistant Crown attorney at the time. He talked

about Aboriginal justice and how that fits into the western concept of justice and corrections, and he’s starting to understand the importance of what the Aboriginal people are saying about taking their people who have done wrong against their own community or the society, and the elders have encouraged them in this complex world to bring them to the land.

I want to say to the people here that the land is our teacher and nature will be doing the teaching. There are things that man has no control over and there are things that man does not have any control at all. No matter how smart we get, whether it be in technology or science, there are things we will never control. God, the Great Creator, carefully protected and hid the control on certain things in the unseen world. There are forces in the unseen world that make sure humans don’t mess things up. The bottom line is, no matter what we do, nature will have the last say. Nature is the teacher. We are the students. May we honour and respect our teacher.

So the people are saying take our people to the land. I tell the Minister: Free my people.

Thank you, Mr. Yakeleya. The Member for Nahendeh, Mr. Menicoche.

Thank you very much, Mr. Speaker. Some of my constituents have contributed their talents and time to our territory over many years. Many of these residents have been awarded the Queen’s Diamond Jubilee Medal. They include politicians, policemen, firefighters and respected elders, and I would like to recognize them today.

Firstly, my predecessor, Mr. Jim Antoine. He is a former MLA, Premier, Minister and a four time chief of the Liidlii Kue First Nation. I’m pleased to see him in the gallery here today.

Fort Simpson RCMP Sergeant Rob Gallant helped promote peace in volatile parts of the world and works with youth, particularly through the cadet program.

Mr. Bert Tsetso served with the RCMP for 20 years and was a bylaw officer in Fort Simpson for 14 years.

Auxiliary constable Mr. Lee Cazon was honoured for more than a decade of volunteer work with the RCMP in Fort Simpson.

Fort Simpson deputy fire chief Pat Rowe and former fire chief. He has been a firefighter since 1983.

Mary Louise Norwegian, my auntie, helped people in need while raising eight children on her own. She

worked as a community health representative for many, many years and a volunteer mortician.

Well-known Wrigley elder and former chief Gabe Hardisty. He was one of the founding members of the then NWT Indian Brotherhood. He is a traditional man who is always willing to lend a hand.

Elder Sara Hardisty of Jean Marie River spent most of her 85 years on the land. She has played a vital role in providing guidance to the local and regional leadership as well as preserving our Dene culture.

For the past 30 years, Ms. Irene McLeod of Fort Liard opened her home to people in need, providing foster care and helping elders by visiting them and bringing them food.

Ms. Laura Vital of Nahanni Butte spent 35 years as a teacher and curriculum developer for the South Slavey language.

Trout Lake elders Mr. Joe Punch and Mr. Edward Jumbo spoke to the Berger Inquiry 35 years ago. Today they teach our young people history, culture and traditional skills.

I offer my congratulations and a big mahsi cho to all the Diamond Jubilee Medal recipients from Nahendeh and any other recipients from other parts that I may have missed. A big pat on the back to them all. Mahsi cho.

Thank you, Mr. Menicoche. The Member for Mackenzie Delta, Mr. Blake.

Thank you, Mr. Speaker. On behalf of the residents of Aklavik in the Mackenzie Delta, I’d like to thank the Minister of Housing and also the Department of Housing for the announcement of the new Joe Greenland Centre which is planned for this year.

It is much needed in the community in my riding and I’d just like to thank the Minister and the department, and also Cabinet. Mahsi cho.

Thank you, Mr. Blake. Member for Inuvik Boot Lake, Mr. Moses.

Thank you, Mr. Speaker. Yesterday, during question period, I had asked the Minister of Health and Social Services some questions about something that has come out in the news recently. That was that obesity rates are at historic levels, specifically for the Maritimes but even more so for the Northwest Territories.

That got me further into research and I found that in 2004 red flags were raised, and yet nothing was

done. The Member did mention that they did start a program in 2003, yet we are still at these historic rates today.

I did a little further research into how we can address this or look at other historical documents and reports that might have caused some more red flags, and I was really pleased to find something else here in terms of prevention and promotion.

The main cause of death, disease and disability in Canada and the Northwest Territories today are chronic diseases and injuries. However, a large portion of chronic diseases, disabilities and injuries can be prevented or their onsets can be delayed. That’s where we need to begin and drop these historic rates back to where they were in 2004, or even lower.

I also came across a declaration on prevention and promotion from Canada’s Ministers of Health and health promotion and healthy living that was signed in 2010. I was very happy to see this and I’m sure that our Minister had also signed and adopted this declaration, and I would encourage all Members of this Assembly to take a look at this declaration. Look and see what’s stated in there.

But just for your information, I just want to highlight a couple things. Their vision was the view that promotion of health and the prevention of disease, disability and injury are a priority and necessary to the sustainability of the health system. That’s where we need to begin. They also recognize that the onset can be delayed of all these diseases, and that prevention needs to be the first step in management. Yet for the last two years, since I’ve been in this government, we’ve been fighting for more dollars for prevention and promotion, when there’s a good chance that our Minister of Health at the time did sign off on this declaration.

I wanted to discuss a little further in detail some of these findings, but I just want to put that point forward and I will continue on this battle so that our obesity rates or health rates do go down. Thank you, Mr. Speaker.

Thank you, Mr. Moses. Mr. Bromley.

Thank you, Mr. Speaker. I want to follow up on the Premier’s statement earlier today and Mr. Menicoche’s statement. I appreciated those.

In this Assembly and throughout the community, we often hear the happy news of awards being conferred upon citizens who are selected for individual distinction. Acceptance remarks of people receiving these awards are so similar they’ve almost become standard phrases in our language.

They usually say something like “I’d like to thank all those who made this possible.”

The awards themselves are important. I believe strongly in saying thank you to the people and groups who improve all our lives. By the nature of awards, these gestures recognize that the results have an above and beyond quality that are distinctive and distinguished. As the individuals who receive the awards almost invariably say, “I couldn’t have done it without…”

It’s all the people who share in the accomplishment but may not formally get an award who I would like to recognize today. That’s the other phrase you usually hear, “the people are too numerous to name.”

Here in the Northwest Territories, I believe our close sense of community and common fellowship has blessed us with a special endowment of high achievers, contributors and willing partners, and I see many in the House and in the gallery today. The quality of our community life is one of the things we savour most, and the high quality of the continuing extra effort, compassion and decency is what makes this life so rich.

Occasionally, special efforts will result in the conferral of an award. We have many great community leaders and many whose lives of continuous achievement are worthy of recognition. These are occasions to say thanks and to count our shared blessings.

Today, as we come to the end of the Queen’s Jubilee year, I ask this House to join me in saluting all those unnamed citizens and groups who make the NWT such a great place to live and work. All their contributions create this society where great things are possible. Mr. Speaker, here’s to them.

Thank you, Mr. Bromley. The Member for Range Lake, Mr. Dolynny.

Thank you, Mr. Speaker. The Boys and Girls Club of Canada is a leading provider of quality afterschool and out-of-school programs for children and youth. At over 100 years old with 104 clubs, six regional service offices, over 700 locations in 10 provinces and the Yukon, it serves over 200,000 youth from preschool to young adulthood.

Its mission is simple: to provide a safe, supportive place for children and youth to experience new opportunities, overcome barriers, develop positive relationships, build confidence and life skills. Boys and Girls Clubs of Canada are provided in neighbourhoods where they are needed most, including large centres, remote and rural communities, and First Nations.

Each club provides children and youth with programs in physical recreation, nutrition, technology, the arts and personal development. Some clubs provide meals, family support programs, emergency shelter and other supports to children, youth and families in need.

Programs are offered primarily during the afterschool hours when young people are most vulnerable to victimization and becoming drawn into anti-social behaviours, yet many clubs also offer programs during evenings and weekends.

What is unique about the Boys and Girls Clubs of Canada is that it is a national organization that provides the following benefits and services such as national reputation, brand, standards and quality assurance; support materials; funding through national partnerships such as WestJet, Sears Canada and Service Canada, to name a few. It also provides national programs and training opportunities and, finally, research and policy initiatives.

As for costs to the families, club fees are affordable and are subsidized or waived for families in need. Upon my analysis the reason I’m bringing this forward today is I believe this model could be adopted in many of our communities throughout the NWT. Therefore, I challenge all NWT communities to review their needs, organize a model and develop the requirements to operate on a provisional basis as the Boys and Girls Clubs of Canada requires strict membership requirements.

Furthermore, with our Education department piloting two child family resource centres, the addition of the Boys and Girls Clubs of Canada could be a great opportunity in the education through play approach and fill a much needed gap in our early childhood programs for youth throughout the Northwest Territories. Thank you, Mr. Speaker.

Thank you, Mr. Dolynny. Item 4, 4eports of standing and special committees. Item 5, returns to oral questions. Item 6, recognition of visitors in the gallery. Mr. Abernethy.