Thank you, Mr. Speaker. Mr. Speaker, I rise on a point of privilege under rule 20(1).
Since the Assembly last adjourned on June 4th, 2021, a number of incidents have occurred that undermined the dignity, integrity, and efficient functioning of the Legislative Assembly. Each of these incidents arise from the conduct of the Member for Tu Nedhe-Wiilideh.
As is well known, the Member for Tu Nedhe-Wiilideh was recently the subject of a code of conduct inquiry. This inquiry convened on October 4th, 2021. The sole adjudicator delivered his report on November 17th, 2021, and recommended that the Member's seat be declared vacant.
The incidents giving rise to this point of privilege relate to the Member's conduct in the period leading up to, during, and since that inquiry. As I will explain, these incidents go to the heart of this Assembly's ability to function as an institution of constitutional democracy. Specifically, the Member for Tu Nedhe-Wiilideh has, since this House last sat, demonstrated a continuing pattern of threatening behaviour and undermines the dignity, integrity and effective functioning of the Legislative Assembly as whole, breaching all of our privileges as elected Members and undermining the democracy in the Northwest Territories.
The first threat I will discuss was issued a great many of us sitting in this room today.
The day before the inquiry began on October 3rd, 2021, the Member for Tu Nedhe-Wiilideh sent a threatening message that included the following: "Whoever backed this, I'm coming for you".
This message was sent via Facebook Messenger to a group called Caucus. This Facebook group includes all MLAs except myself and the Member for Hay River South as we do not have Facebook accounts. Two staff members are also members of this group. I was made aware of this threat the following day on October 4th, 2021. Since that time, I've learned that this is not the first time the Member for Tu Nedhe-Wiilideh made threatening statements to Members or staff of the Legislative Assembly.
For example, I learned that from the Member from Yellowknife North that on August 16th, 2021, during a discussion about the process before the sole adjudicator was appointed in response to the code of conduct complaint, the Member for Tu Nedhe-Wiilideh told the Member for Yellowknife that, quote, "If you come for my family, I come for you."
I also understand that on August 24th, 2021, after a phone call to the deputy clerk Glen Rutland in which the Member for Tu Nedhe-Wiilideh admitted he was intoxicated and he said, quote, "I'm sorry, Glen, I normally would do this in person but I am coming for you."
I've also learned that the Member for Tu Nedhe-Wiilideh sent a text to Mr. Rutland on October 1st, 2021, in which he used a Latin phrase referring to cutting the neck off a snake in reference to an officer of the Legislative Assembly.
None of these threats were dealt with by the sole adjudicator in his disposition report released on November 17th, 2021 into the code of conduct inquiry involving the Member for Tu Nedhe-Wiilideh.
It is clear to me that the Member for Tu Nedhe-Wiilideh's engaged in a pattern of threatening Members and staff of the Legislative Assembly. This amounts to intimidation of Members and the staff who support us in carrying out our work as elected representatives of the people of the Northwest Territories.
This threatens the Assembly's ability to discharge its legislative and deliberative functions.
The Member for Tu Nedhe-Wiilideh is entitled to disagree with Members of this House. Disagreement and debate are a functional part here as our work here as legislators, however, this Assembly only functions when this debate is expressed with a minimum level of respect. By threatening Members and the staff who support our work, the Member for Tu Nedhe-Wiilideh has demonstrated profound disrespect for his colleagues and for the Assembly as an institution of democratic governance. He has also crossed the line from disagreement, which is entirely open to him, to threats and intimidation, which are not.
The pattern of behaviour by the Member for Tu Nedhe-Wiilideh obstructs and intimidates the Members of the Legislative Assembly in relation to our duties as elected representatives. This breaches the privileges of both individual Members and of this Assembly as a whole.
As a Member of this Assembly, I have been directly affected by the threats made by the Member for Tu Nedhe-Wiilideh. Although I did not directly receive the indiscriminate threat the Member for Tu Nedhe-Wiilideh sent to the Facebook Caucus group October 4th, it is clear that this threat was aimed at and intended for the entirety of Caucus of which I am a member.
This threat has shaken me. My office is located in the same hallway as the Member for Tu Nedhe-Wiilideh like many other Members of this Assembly. I travelled to Yellowknife from my home in Fort Smith for session. I am a long way from my family and community and often work well into the evening when I am in Yellowknife. I have no doubt that these threats could make any Member who receives them feel vulnerable regardless of their circumstances. But I think it is important to highlight that I and many other Members of this Assembly feel this vulnerability deeply. My feeling of physical safety has been undermined, both at the Legislative Assembly and in Yellowknife where the Member for Tu Nedhe-Wiilideh resides.
This is absolutely a breach of my individual privileges as a Member of this Assembly. The conduct I have described is also a breach of the Assembly's collective privileges.
When the Member for Tu Nedhe-Wiilideh is present, I've seen that people do not speak freely for fear of how he will react. His behaviour has created an atmosphere of mistrust and unease at the Legislative Assembly that is corrosive to consensus government and to the important work that we are all entrusted to do as representatives for the people of the Northwest Territories.
This pattern of behaviour also undermines the dignity and authority of the Assembly in the eyes of the people of the Northwest Territories.
The behaviour of the Member for Tu Nedhe-Wiilideh towards both staff and other Members would not be acceptable in any other workplace. It is a distraction from the important work we are doing as legislators and leads to the public to view the Legislative Assembly as dysfunctional and unprofessional. The time, resources, and attention Members have had to devote to dealing with these issues also distracts from Members' abilities to address the many pressing issues facing the Northwest Territories.
The standard of behaviour required of Members is set out in the code of conduct which states that Members must not only act lawfully but in a manner that will withstand the closest public scrutiny, upholding the dignity and honour of the Assembly and its Members.
The code of conduct also requires that Members treat one another and staff appropriately and without harassment.
The conduct of the Member for Tu Nedhe-Wiilideh, since this House last sat, clearly fails to meet this standard.
The threats I have described clearly amounts to a breach of the privileges of individual Members and of the Assembly as a whole.
In addition to this threatening behaviour, we all became aware in the sole adjudicator's November 17th, 2021, report that the Member for Tu Nedhe-Wiilideh's pattern of obstructionist and intimidating behaviour continued during the sole adjudicator's inquiry. The sole adjudicator's report describes, quote, "antagonism" displayed by the Member of Tu Nedhe-Wiilideh, participants in the inquiry, including the sole adjudicator himself. It also constitutes breaches of the Assembly's privileges.
The report described the Member insulting participants, for example, by calling one witness a liar, describing the decision as a, quote, "legal farce." And at one point, asking the sole adjudicator at one point, "Can you guys not just get your crap together."
Although he apologized for these comments, the sole adjudicator found that the Member for Tu Nedhe-Wiilideh "offered excuses for his comments rather than actually apologizing for his behavior."
Most troubling in this is the sole adjudicator's statement that the Member's comments "reflect that he does not have any respect for the participants in this inquiry and for the rule of law which is such an integral component of a democratic society."
The sole adjudicator also noted that in making these statements, the Member for Tu Nedhe-Wiilideh may have breached the code of conduct by bringing the integrity of his office or of the Assembly into disrepute. The sole adjudicator did not consider these "offensive statements" when making his findings as they fell outside of the inquiry's terms of reference. However, the extreme disrespect shown by the Member for Tu Nedhe-Wiilideh throughout the inquiry process is a further affront to the dignity of the Assembly.
This affront continued on November 18th in the Member for Tu Nedhe-Wiilideh's press conference following the release of the sole adjudicator's report. At that press conference, he referred to the inquiry as "a colossal waste of time, resources and taxpayer money." He also stated that he was convinced that the result of the inquiry was determined before it even started. At this press conference, the Member's legal counsel also attacked many of the sole adjudicator's findings and the Member for Tu Nedhe-Wiilideh characterized the sole adjudicator's recommendation that his seat be vacated as "just a lame attempt to permit other Members to unseat him."
This clear inability to demonstrate any remorse nor any regard for a report recommending the most serious sanction this Assembly can deliver is a clear indication that the Member will not change his behaviour and will continue to demean this Assembly.
All of this behaviour is consistent with a pattern of threats, intimidation, and disrespect the Member has directed towards his colleagues and the institution itself and his failure to take responsibility for the damage this behaviour causes. It also represents contempt of the inquiry process and is properly seen as an attempt to undermine the code of conduct and its enforcement. It is unacceptable and requires sanction by this House.
Mr. Speaker, today is the first day of sitting since the events I described occurred. I am raising this matter at the earliest opportunity as required by Rule 20.
Should you rule that there is a prima facie breach of privilege and that this matter be raised at the earliest opportunity at the appropriate time, I will immediately move a motion for the seat of the Member of Tu Nedhe-Wiilideh to be vacated in accordance with Rule 25. Thank you, Mr. Speaker.