This is page numbers 2289 – 2328 of the Hansard for the 18th Assembly, 2nd 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 program.

Topics

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I guess I would like to ask the law clerk, if I may. I know I had some concerns initially about this terminology of exceptional circumstances, but I'm just wondering if we might be able to hear from the law clerk in terms of what this would do in terms of the Charter right. Why don't we start with that? Thanks, Mr. Chair.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. Mr. O'Reilly asked me to direct it to the law clerk, so I'll direct it to Deputy Law Clerk Ms. Holland. Ms. Holland.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

Deputy Law Clerk (Ms. Holland)

Thank you, Mr. Chair, I'll speak briefly. Given that there is little detail in the amendment to the committee motion regarding the meaning of "exceptional circumstances," it's difficult for me to say what implications this might have on the constitutionality more broadly of the proposed legislative amendments.

It is possible that something like this could potentially provide an avenue for judicial oversight in cases where the application of these legislative changes could raise concerns about Charter validity, perhaps with respect to arbitrariness or other kinds of concerns that tend to raise red flags about Charter compliance, but as drafted, I'm not able to provide an opinion on how that would apply in this case.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Ms. Holland. Mr. O'Reilly.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I guess I'd like to ask through you, then, another question, if I may. I've got a couple of ideas of things that could be considered as exceptional circumstances, but I'll just go ahead and throw them out there. Somebody who may be a few days or a week short if they were caught within that five year period and an election had been called and they may be a few days short of something. Presumably that is the sort of thing that could be determined through this sort of process as an exceptional circumstance. Is that the sort of thing that could be defined in that way? Thanks, Mr. Chair.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. Ms. Holland.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

Deputy Law Clerk (Ms. Holland)

My view is that, simply based on the discussion we are having now, that could be something that could be drafted into legislation as an example of an exceptional circumstance. Obviously, I think there would need to be more discussion regarding the particular harm that the legislature is seeking to avoid by invoking a provision like this. That said, allowing a mechanism for judicial oversight where the consequences of these legislative changes could have a particularly harsh consequence for a particular individual in their circumstances may have a consequence for the constitutionality of legislation in terms of making it less likely to be found to be contrary to the Charter. That said, again, to provide a more definitive opinion I would have to see the proposed language.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Ms. Holland. Anything further, Mr. O'Reilly?

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. I think I have put the Law Clerk on the hot seat long enough. I guess the other circumstance that might be construed as exceptional by some would be if someone had a Criminal Code conviction and was prohibited from running. Assuming all the conditions were still there, if someone had been through a healing process journey and had completed that sort of treatment and so on, would this be another way of defining what an exceptional circumstance could be?

Where I am going with this, Mr. Chair, is I view this as a potentially friendly amendment and worthy of probably some further work. I think, as drafting instructions, general direction, in terms of amending the original motion, I think this is helpful. I haven't really had a chance to discuss this with any of my committee colleagues. That is my personal view. I think it would also probably address some of the issues and concerns that we have heard from some members of the public. I view this as a friendly amendment. I am prepared to support it. Thank you, Mr. Chair.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you. To the amendment. Mr. McNeely.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

Daniel McNeely

Daniel McNeely Sahtu

Thank you, Mr. Chair. To the amendment. Taking into account the integrity of this institution and listening to my colleague across the way who has legal background and looking at the amendment and the wording on exceptional circumstances, that could be defined in several ways, if passed, could go against the integrity of this institution to use something so vague that would be caught up in litigation for several weeks or several months depending on the court's schedule to really define what is exceptional. By that time, two Assemblies may have passed. To me, it doesn't strengthen the integrity of this institution to have acts of loopholes or defined as loopholes, and really not viewed to the reader as a real defined terminology on exceptional circumstances. I just point that out, Mr. Chair. Thank you.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Mr. McNeely. To the amendment. Ms. Green.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

Julie Green

Julie Green Yellowknife Centre

Mr. Chair, I am not sure about how the procedure would work here. I wonder if we could amend the amendment to refer this motion back to the Rules and Procedures Committee to take on the task of defining exceptional circumstances and to bring that recommendation back after that work is considered. Thank you, Mr. Chair.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Ms. Green. You need to put forward a motion to amend the amendment to the motion at this point in order to do that. Do you have a motion?

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

Julie Green

Julie Green Yellowknife Centre

I could make one. I move that recommendation number 2 of the Standing Committee on Rules and Procedures report entitled "You Are Standing for Your People" be referred back to the Rules and Procedures Committee for further clarification. Thank you.

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

We are going to take a brief recess.

---SHORT RECESS

Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

I call the Committee of the Whole back to order. We have a motion on the floor. Ms. Green, would you please read your motion?

Committee Motion 92-18(2): Committee Report 7-18(2), Standing Committee On Rules And Procedures Report On The Review Of The Members’ Conduct Guidelines – Motion To Refer Committee Motion 91-18(2) And Amendment Thereto To The Standing Committee On Rules And Procedures For Further Consideration, Defea
Consideration in Committee of the Whole of Bills and Other Matters

Julie Green

Julie Green Yellowknife Centre

Thank you, Mr. Chair, and just a quick thanks to the staff for drafting this on the fly. Mr. Chair, I move that Committee Motion 91-18(2) as contained in Committee Report 7-18(2): Report on the Review of the Members' Conduct Guidelines and the proposed amendment thereto be referred to the Standing Committee on Rules and Procedures for further consideration in accordance with Rule 58(e). Thank you, Mr. Chair.

Committee Motion 92-18(2): Committee Report 7-18(2), Standing Committee On Rules And Procedures Report On The Review Of The Members’ Conduct Guidelines – Motion To Refer Committee Motion 91-18(2) And Amendment Thereto To The Standing Committee On Rules And Procedures For Further Consideration, Defea
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Ms. Green. The motion is in order. To the motion. Ms. Green.

Committee Motion 92-18(2): Committee Report 7-18(2), Standing Committee On Rules And Procedures Report On The Review Of The Members’ Conduct Guidelines – Motion To Refer Committee Motion 91-18(2) And Amendment Thereto To The Standing Committee On Rules And Procedures For Further Consideration, Defea
Consideration in Committee of the Whole of Bills and Other Matters

Julie Green

Julie Green Yellowknife Centre

Mr. Chair, I have heard some justifiable concerns from my colleagues about the need for greater definition around the phrase "exceptional circumstances" and some clarity about how this is going to work in the context of eligibility for being a candidate in the territorial election. I think that that is a worthy question, and I believe it is worth the committee's time to examine it, and to provide some clarification to it, and bring it back to this House for further consideration. Thank you.

Committee Motion 92-18(2): Committee Report 7-18(2), Standing Committee On Rules And Procedures Report On The Review Of The Members’ Conduct Guidelines – Motion To Refer Committee Motion 91-18(2) And Amendment Thereto To The Standing Committee On Rules And Procedures For Further Consideration, Defea
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Ms. Green. To the motion. Mr. Sebert.

Committee Motion 92-18(2): Committee Report 7-18(2), Standing Committee On Rules And Procedures Report On The Review Of The Members’ Conduct Guidelines – Motion To Refer Committee Motion 91-18(2) And Amendment Thereto To The Standing Committee On Rules And Procedures For Further Consideration, Defea
Consideration in Committee of the Whole of Bills and Other Matters

Louis Sebert

Louis Sebert Thebacha

Thank you, Mr. Chair. I do not know how many times this committee met. I was part of the committee, of course, but it was numerous. Many had different suggestions, and ultimately, we came forward with the report that is before us today. I do not think there is any point referring this matter back to the committee. We spent enough time on it. We need to resolve it. Thank you.

Committee Motion 92-18(2): Committee Report 7-18(2), Standing Committee On Rules And Procedures Report On The Review Of The Members’ Conduct Guidelines – Motion To Refer Committee Motion 91-18(2) And Amendment Thereto To The Standing Committee On Rules And Procedures For Further Consideration, Defea
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Mr. Sebert. To the motion. Premier.

Committee Motion 92-18(2): Committee Report 7-18(2), Standing Committee On Rules And Procedures Report On The Review Of The Members’ Conduct Guidelines – Motion To Refer Committee Motion 91-18(2) And Amendment Thereto To The Standing Committee On Rules And Procedures For Further Consideration, Defea
Consideration in Committee of the Whole of Bills and Other Matters

Bob McLeod

Bob McLeod Yellowknife South

Thank you, Mr. Chair. To me, it looks like a circular motion. It will just keep us going around in circles, so I would not support it. Thank you, Mr. Chair.

Committee Motion 92-18(2): Committee Report 7-18(2), Standing Committee On Rules And Procedures Report On The Review Of The Members’ Conduct Guidelines – Motion To Refer Committee Motion 91-18(2) And Amendment Thereto To The Standing Committee On Rules And Procedures For Further Consideration, Defea
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair R.J. Simpson

Thank you, Premier. To the motion. I will return to Ms. Green to conclude debate on the motion. Ms. Green.