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.