Debates of Oct. 7th, 2015
This is page numbers 6757 – 6826 of the Hansard for the 17th Assembly, 5th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was health.
Topics
- Oral Questions
- Prayer
- Minister's Statement 239-17(5): NWT Public Service
- Minister's Statement 240-17(5): Skills 4 Success
- Minister's Statement 241-17(5): Report On The Northwest Territories Power Corporation
- Minister's Statement 242-17(5): NWT Transportation Strategy
- Housing Needs And Availability In The NWT
- Recognition Of Order Of The NWT Recipient – Mr. Bruce Green
- Reflection On Time As A Member Of The Legislative Assembly Of The NWT
- Nursing And Policing Services In Tsiigehtchic
- Support For Consensus Government In The NWT
- Mental Illness Awareness Week
- Economic Potential In Sahtu Region
- Mental Health Programs And Services In Nahendeh Region
- Ministerial Travel Claims
- World Homeless Day, October 10th
- Condolences To The Family Of Mr. Jonas Beaulieu Of Fort Resolution
- Recognition Of Order Of The NWT Recipient – Sonny Macdonald
- Recognition of Visitors in the Gallery
- Acknowledgement 25-17(5): Mr. Gino Pin – Order Of The NWT
- Acknowledgement 26-17(5): Mr. Gerald W. Kisoun – 2015 Governor General’s Polar Medal Award
- Question 942-17(5): Economic Potential In Sahtu Region
- Recognition of Visitors in the Gallery (Reversion)
- Question 943-17(5): Policing Services In Tsiigehtchic
- Question 944-17(5): Fort Simpson Access Road Streetlights
- Question 945-17(5): Travel And Expense Claims By Elected Officials
- Question 946-17(5): Business Incentive Policy
- Question 947-17(5): Feasibility Study Of Universal Affordable Daycare In The NWT
- Question 948-17(5): Greenhouse Gas Strategy 2011
- Question 949-17(5): Cost Of Cleanup Of Cantung Mine
- Question 950-17(5): Crime And Bootlegging In NWT Communities
- Question 951-17(5): Homelessness Programs In The Deh Cho
- Mr. Bromley’s Reply
- Ms. Bisaro’s Reply
- Mr. Moses’ Reply
- Committee Report 22-17(5): Report On The Review Of The Office Of The Northwest Territories Languages Commissioner Annual Reports For 2011-2012, 2012-2013 And 2013-2014
- Motion That Committee Report 22-17(5) Be Deemed Read And Printed In Hansard, Carried
- Motion To Receive And Adopt Committee Report 22-17(5), Carried
- Committee Report 23-17(5): Standing Committee On Government Operations Report On Transition Matters
- Motion That Committee Report 23-17(5) Be Deemed Read And Printed In Hansard, Carried
- Motion To Receive And Adopt Committee Report 23-17(5), Carried
- Committee Report 24-17(5): Passing The Mace: Recommendations To The 18th Legislative Assembly
- Motion To Receive And Adopt Committee Report 24-17(5), Carried
- Bill 55: Mental Health Act
- Committee Report 25-17(5): Report On The Review Of Bill 55: Mental Health Act
- Motion That Committee Report 25-17(5) Be Deemed Read And Printed In Hansard, Carried
- Motion To Receive And Move Committee Report 25-17(5) Into Committee Of The Whole, Carried
- Tabled Document 346-17(5): Follow-Up Correspondence For Oral Question 919-17(5): Discussion Paper On Energy Efficiency Act
- Tabled Document 348-17(5): 2014-2015 Annual Report On Official Languages – Government Of The Northwest Territories
- Tabled Document 351-17(5): NWT Business Development And Investment Corporation 2015-2016 Corporate Plan
- Tabled Document 352-17(5): Annual Report Of The Director Of Child And Family Services 2014-2015
- Tabled Document 353-17(5): Passing The Mace: Recommendations To The 18th Legislation Assembly – Report Of The Special Committee On Transition Matters
- Tabled Document 354-17(5): Cbc News Report: Province To Lower Food Prices In Remote Northern Manitoba
- Tabled Document 356-17(5): Moving Forward – Implementing The Recommendations Of The 2015 Comprehensive Review Of Human Rights In The NWT
- Motion 50-17(5): Medical Travel Policy, Carried
- Recorded Vote
- Bill 72: Supplementary Appropriation Act (Operations Expenditures), No. 2, 2015-2016
- Consideration in Committee of the Whole of Bills and Other Matters
- Report of the Committee of the Whole
- Recognition of Visitors in the Gallery (Reversion)
- Bill 45: An Act To Amend The Workers’ Compensation Act
- Bill 49: An Act To Amend The Deh Cho Bridge Act
- Bill 56: Miscellaneous Statute Law Amendment Act, 2015
- Bill 59: Estate Administration Law Amendment Act
- Bill 60: An Act To Amend The Motor Vehicles Act, No. 2
- Bill 62: An Act To Amend The Coroners Act
- Bill 61: An Act To Amend The Public Airports Act
- Bill 63: An Act To Amend The Victims Of Crime Act
- Bill 64: An Act To Amend The Co-Operative Associations Act
- Bill 65: An Act To Amend The Safety Act
- Bill 68: An Act To Amend The Child And Family Services Act, No. 2
- Bill 69: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
- Bill 72: Supplementary Appropriation Act (Operations Expenditures), No. 2, 2015-2016
- Recorded Vote
- Speaker’s Ruling
- Orders of the Day
Bill 69: An Act To Amend The Legislative Assembly And Executive Council Act, No. 2
Third Reading of Bills

The Speaker Jackie Jacobson
Question has been called. Bill 69, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2, has had third reading.
---Carried
Mr. Miltenberger.
Bill 72: Supplementary Appropriation Act (Operations Expenditures), No. 2, 2015-2016
Third Reading of Bills

Michael Miltenberger Thebacha
Thank you, Mr. Speaker. I move, seconded by the honourable Member for Great Slave, that Bill 72, Supplementary Appropriation Act (Operations Expenditures), No. 2, 2015-2016, be read for the third time. Mr. Speaker, I request a recorded vote. Thank you.
Recorded Vote
Third Reading of Bills

The Speaker Jackie Jacobson
Thank you, Mr. Miltenberger. The Member is asking for a recorded vote. All those in favour, please rise.
Recorded Vote
Third Reading of Bills
Clerk Of The House (Mr. Mercer)
Mr. Miltenberger, Mr. McLeod – Yellowknife South, Mr. Lafferty, Mr. Ramsay, Mr. McLeod – Inuvik Twin Lakes, Mr. Dolynny, Mr. Bouchard, Mr. Nadli, Mr. Hawkins, Ms. Bisaro, Mr. Moses, Mr. Bromley, Mr. Menicoche, Mr. Blake, Mr. Beaulieu, Mr. Abernethy.
Recorded Vote
Third Reading of Bills

The Speaker Jackie Jacobson
All those opposed, please rise. All those abstaining, please rise. In favour, 16; opposed, zero; abstentions, zero. The motion is carried.
---Carried
---Applause
Speaker’s Ruling
Third Reading of Bills
October 7th, 2015

The Speaker Jackie Jacobson
Colleagues, I will now provide my ruling on the point of privilege raised by the Member for Range Lake on Tuesday, September 29, 2015. To start, I find Mr. Dolynny raised this matter at the earliest possible opportunity.
The point of privilege relates to a press conference held by the Premier and Minister of Finance on September 2, 2015. During the press conference, the Premier and Minister announced funding to the Power Corporation for up to $29.7 million to prevent an increase in power rates for all NWT residents.
The Member for Range Lake stated that the announcement of this funding left the impression that a final decision had been made on this matter and there was no meaningful role for the Legislative Assembly in debating and approving it. In his view, this is a breach of parliamentary privilege or contempt.
I have reviewed the rulings of other Speakers noted by the Member, specifically in Ontario and the House of Commons. Those cases are very similar to what we are dealing with here. In both cases the Speakers ruled that there was no breach of the privileges of the House. Mr. Miltenberger, in speaking of the matter, stated, “There was no impairment of freedom of speech. There was no attempt to obstruct the final decision of the House.” I agree with him on this and find that there is no prima facie breach of privilege.
Now we must deal with the contempt issue. The best definition I have found of contempt comes to us from Speaker Charbonneau of the Quebec National Assembly. “Contempt is any act or omission that hinders the work of the Assembly or that undermines its authority or dignity.”
In stating his case, the Member quoted from the press release that was issued the same day as the news conference. The news release says the following: “The GNWT will provide NTPC with up to $29.7 million.”
“Without this decision, NTPC would have had to apply for a two-year rate rider.”
“Our government doesn’t believe it makes sense to pass these costs on to residents and has decided to cover them instead.”
The Member stated that these comments make it seem like the funding is a “done deal,” like there is no meaningful role for the Legislative Assembly in approving it. I find it hard to disagree.
The news release creates an improper impression about how our government works. In my view, it undermines the important work of MLAs in this House and the dignity and authority of this institution. To quote former Speaker Fraser in the House of Commons case: “We are a parliamentary democracy, not a so-called executive democracy, nor a so-called administrative democracy.”
Not long ago this Assembly wrote down what consensus government means. One of the principles that we agreed to is: “Except under extraordinary circumstances, Members of the Legislative Assembly should be made aware of and have opportunity to discuss significant announcements, changes, consultations or initiatives before they are released to the public or introduced in the Legislative Assembly.”
In speaking to the point of privilege, both the Premier and the Minister indicated that a decision was urgently required. I do not dispute this, but the timing of the media release and press conference raised some questions. A letter was sent to Members from the Minister of Finance on August 31st, indicating that the proposed funding would be included in the upcoming supplementary appropriation bill. The letter said nothing of an urgent situation. It does not say that the funding request would be made public prior to the upcoming session.
The media release and press conference occurred two days after the letter was sent. On the day of the press conference, all Members of the Legislative Assembly were in Yellowknife to attend Caucus meetings. If an urgent or emergency situation did indeed exist, a committee meeting during this time to discuss it could have been easily arranged.
Also in the case of a real emergency, legislation allows the government to request a special warrant. This was done for the forest fire situation this summer. It was not done for the matter at hand. I don’t want to suggest that the low water situation would have met the conditions for a special warrant. That’s not the issue here, but it does raise question as to why a public announcement of the proposed funding was so urgently required before a bill could be introduced in this House.
Many Members, in speaking in favour of the point of privilege, noted that the government followed a similar process last year. They also noted that concerns were raised by Members at the time, who assumed that same approach would not be repeated.
I accept the Minister’s statement that Cabinet holds this institution in high regard. I believe that neither he nor the Premier intended any lack of respect for the institution they have made honourable careers serving. In fact, when you read the speaking notes drafted from the Premier’s press conference, which are posted to the website, there is clear and appropriate reference to the role of the Assembly. The notes make use of words like the “GNWT intends to fund” and “the funding will be included in a bill for the consideration of the Assembly later this month.” Although none of this language is reflected in the press release, it is included in some of the media reports that followed. I am, therefore, confident that they were expressed at the news conference.
Colleagues, this is a good point of privilege and one that could go either way. I want to thank the Member for Range Lake for raising it as well as all the Members who spoke to it.
I find that the wording “September 2nd press release,” although very inappropriate, does not constitute prima facie contempt of this Legislative Assembly. A future Speaker, including this one, might not rule the same way under the same or similar circumstances in the future. I will have to remind all Members that we do not operate like a majority Parliament. Our House and committees have important roles to play in making decisions that affect the territory. If we want others to take the work here that we do seriously, we have to start with ourselves.
Thank you, colleagues. I know you will take my advice seriously. Mr. Clerk, orders of the day.
Orders of the Day
Orders of the Day
Clerk Of The House (Mr. Mercer)
Orders of the day for Thursday, October 8, 2015, at 1:30 p.m.:
1. Prayer
2. Ministers’ Statements
3. Members’ Statements
4. Returns to Oral Questions
5. Recognition of Visitors in the Gallery
6. Acknowledgements
7. Oral Questions
8. Written Questions
9. Returns to Written Questions
10. Petitions
11. Reports of Standing and Special Committees
12. Reports of Committees on the Review of Bills
13. Tabling of Documents
14. Notices of Motion
15. Notices of Motion for First Reading of Bills
16. Motions
• Motion 51-17(5), Appointment of Chair to the Northwest Territories Honours Advisory Council
• Motion 52-17(5), Appointment of Languages Commissioner
• Motion 53-17(5), Language Training for Senior GNWT Managers
• Motion 54-17(5), Climate Change Planning
17. First Reading of Bills
• Bill 48, An Act to Amend the Mental Health Act
18. Second Reading of Bills
19. Consideration in Committee of the Whole of Bills and Other Matters
• Bill 54, An Act to Amend the Forest Management Act
• Minister’s Statement 221-17(5), Sessional Statement
20. Report of Committee of the Whole
21. Third Reading of Bills
• Bill 55, Mental Health Act
22. Prorogation
Orders of the Day
Orders of the Day

The Speaker Jackie Jacobson
Thank you, Mr. Clerk. Accordingly, this House stands adjourned until Thursday, October 8th, at 1:30 p.m.
---ADJOURNMENT
The House adjourned at 8:15 p.m.
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