Thank you, Mr. Erasmus. I have carefully reviewed this motion with the view to ascertain the intent of the motion to determine if it is in order. Unfortunately, I must rule the motion out of order as contravening our long standing sub judice convention. In ruling this motion out of order, the Chair feels that due to the significant nature of this matter, I would like to explain the reasons for the ruling.

It has long been the principle that Legislatures will not comment on matters that are before the courts. While the House permitted debate on Tabled Document 37-13(6), the Report of the Conflict of Interest Commissioner, notwithstanding the application for judicial review, we did so because the essence of the report, the discipline of a Member was within the purview of this Legislature. There was also a strongly held view that it was essential to the public interest and to the governance of this territory that the matter of the Member's conduct be resolved. Therefore, in that debate, the sub judice convention did not apply so as to bar debate.

The same cannot be said to be true of this motion. This motion speaks of an issue that is directly before the courts and is, I understand, scheduled to be argued on Friday, December 11, 1998. The essence of the proceeding is whether the Courts will grant the Member for Tu Nedhe the opportunity to have a judicial review of the Commissioner's findings. To allow this motion to proceed would be a direct interference with the role of the Courts in deciding this very important issue. To illustrate my point, I quote from Erskine May's Parliamentary Practice 22nd edition, page 333:

"no matter awaiting or under adjudication by a court of law should be brought before the House by a motion or otherwise..."

Very clearly, this motion contravenes this principle and goes to the very heart of the reasons as to why we have a sub judice convention and rules, and, therefore, I must rule the motion out of order.

Motions. Item 17, first reading of bills. Mr. Todd.

Thank you, Ms. Thompson. Good afternoon. Orders of the day. Item 2, Ministers' statements. Mr. Dent.

Thank you, Mr. Barnabas. Good afternoon. Before we proceed today, I wish to inform the House that I have received a letter dated December 7, 1998, which is in accordance with section 76.05 of the Nunavut Act, from the Interim Commissioner of Nunavut. I would like to read the following letter received.

Dear Speaker:

Re: Nunavut Power Utilities Statutes Amendment Act

The formal creation of Nunavut is now less than four months away. As we continue our preparation for this historic event, it is necessary to amend certain statutes duplicated for Nunavut to render those statutes appropriate for Nunavut. This bill reflects the determination of all parties to ensure uninterrupted service for the people of Nunavut in the critical area of electrical power generation and delivery.

As required by Section 76.05 of the Nunavut Act, it is with pleasure that I recommend to the Legislative Assembly of the Northwest Territories the passage of the bill entitled Nunavut Power Utilities Statutes Amendment Act, during the Sixth Session of the 13th Legislative Assembly.

Yours sincerely, Jack Anawak, Interim Commissioner.

--Applause

Order of the day. Item 2, Ministers' statements. Mr. Kakfwi.

Thank you, Mr. Ningark. Good Morning. Orders of the day. Item 2, Ministers' statements.

Thank you, Mr. Enuaraq. Before we proceed with the orders of the day, I wish to inform the House that I have received three communications dated December 2, 1998, which are in accordance with section 76.05 of the Nunavut Act from the Interim Commissioner of Nunavut. I would like to read the following letters received.

Dear Mr. Speaker:

Re: Nunavut Statutes Amendment Act, No. 2

The formal creation of Nunavut is now less than four months away. As we continue our preparation for this historic event, it is necessary to amend certain statutes duplicated for Nunavut to render those statutes appropriate for Nunavut. This bill amends several statutes that will be duplicated for Nunavut as they relate to a number of key professional associates. As required by section 76.05 of the Nunavut Act, it is with pleasure that I recommend to the Legislative Assembly of the Northwest Territories the passage of the bill entitled Nunavut Statutes Amendment Act, No. 2, during the Sixth Session of the 13th Legislative Assembly.

Yours sincerely, Jack Anawak, Interim Commissioner.

The second letter is addressed;

Dear Mr. Speaker:

Re: Nunavut Legal Registries Statutes Amendment Act

The formal creation of Nunavut is now less than four months away. As we continue our preparation for this historic event, it is necessary to amend certain statutes duplicated for Nunavut to render those statutes appropriate for Nunavut. This bill provides a mechanism for the registration of corporations, associations, partnerships and societies in Nunavut.

As required by section 76.05 of the Nunavut Act, it is with pleasure that I recommend to the Legislative Assembly of the Northwest Territories the passage of the bill entitled, Nunavut Legal Registries Statutes Amendment Act, during the Sixth Session of the 13th Legislative Assembly.

Yours sincerely, Jack Anawak, Interim Commissioner of Nunavut.

The third letter is addressed;

Dear Mr. Speaker:

Re: Nunavut Workers' Compensation Statutes Amendment Act

The formal creation of Nunavut is now less than four months away. As we continue our preparation for this historic event, it is necessary to amend certain statutes duplicated for Nunavut to render those statutes appropriate for Nunavut. This bill reflects the wishes of all parties to maintain the essential support for all workers in Nunavut provided by the Workers' Compensation Board.

As required by section 76.05 of the Nunavut Act, it is with pleasure that I recommend to the Legislative Assembly of the Northwest Territories the passage of the bill entitled, Nunavut Workers' Compensation Statutes Amendment Act, during the Sixth Session of the 13th Legislative Assembly.

Yours sincerely, Jack Anawak, Interim Commissioner of Nunavut.

Good afternoon. Orders of the day. Item 2, Ministers' statements. Mr. Arlooktoo.

Before we start, I wish to inform the House that I have received the following message from Her Honour the Commissioner of the Northwest Territories.

Dear Mr. Speaker:

I wish to advise that I recommend to the Legislative Assembly of the Northwest Territories, the passage of Supplementary Appropriation Act, No. 4, 1998/1999, during the sixth session of the 13th Legislative Assembly.

This is signed by Helen Maksagak, Commissioner. Orders of the day. Item 2, Ministers' statements. Mr. Arlooktoo.

Thank you, Mr. Barnabas. Good morning. Orders of the day. Item 2, Ministers' statements. Mr. Todd.

Good afternoon. Thank you, Mr. Miltenberger. Before we proceed, I wish to inform the Legislative Assembly that I have received three communications dated November 5, 1998, which are in accordance with section 76.05 of the Nunavut Act from the Interim Commissioner of Nunavut.

I would like to read the following letters received:

Dear Speaker:

Re: Nunavut Judicial System Implementation Act

The formal creation of Nunavut is now less than five months away. As we continue our preparation for this historic event, we look forward to the establishment of a single-level trial court system for Nunavut. This is the first system of its kind in Canada, and we expect it to be more responsive to the needs of the people of Nunavut.

This bill, when adopted, will enact a new Justices of the Peace Act for Nunavut, make consequential amendments to other acts, and put in place a new Judicature Act for Nunavut. The latter deals with the composition, powers and officers of the Nunavut Court of Justice and Court of Appeal and establishes rules of law and procedural rules applicable to Nunavut.

As required by Section 76.05 of the Nunavut Act, it is with pleasure that I recommend to the Legislative Assembly of the Northwest Territories the bill entitled Nunavut Judicial System Implementation Act, for enactment during the Sixth Session of the 13th Legislative Assembly.

Yours sincerely,

Jack Anawak

Interim Commissioner of Nunavut

The second letter;

Dear Speaker:

Re: Nunavut Statutes Amendment Act

The formal creation of Nunavut is now less than five months away. As we continue our preparation for this historic event, the legislative authorities required for the new government to act in many areas must be put in place. The Nunavut Statutes Amendment Act contains amendments to a number of statutes that will be duplicated for Nunavut, in order to render them appropriate for Nunavut.

As required by Section 76.05 of the Nunavut Act, it is with pleasure that I recommend to the Legislative Assembly of the Northwest Territories the bill entitled Nunavut Statutes Amendment Act, for enactment during the Sixth Session of the 13th Legislative Assembly.

Yours sincerely,

Jack Anawak

Interim Commissioner of Nunavut

My final letter is;

Dear Speaker:

Re: Nunavut Statutes Replacement Act

The formal creation of Nunavut is now less than five months away. As we continue our preparations for this historic event, we must consider the effects that the creation of the new territory will have on professional associations in the north. The Nunavut Statutes Replacement Act adjusts the laws that currently establish professional associations and provides for the regulation of the members of those associations.

As required by Section 76.05 of the Nunavut Act, it is with pleasure that I recommend to the Legislative Assembly of the Northwest Territories the bill entitled Nunavut Statutes Replacement Act for enactment during the Sixth Session of the 13th Legislative Assembly.

Yours sincerely,

Jack Anawak

Interim Commissioner of Nunavut

Orders of the day. Item 2, Ministers' Statements. Mr. Kakfwi.

Thank you, Mr. Roland. Good afternoon. Welcome back to the continuation of the Sixth Session of the 13th Legislative Assembly. If you are like me, you have no doubt been busy since we last met in the House. I hope you had enough time with your family, friends and constituents during the short break. I also expect you are ready for the busy time ahead of us as we work to wrap up the business of the 13th and last Assembly of the Northwest Territories. I feel I must remind Members that there is much to do in a very short time frame and we have a number of legislative initiatives that must be dealt with in that time. This may mean standing down some of the normal processes for review. I hope Members will remember my opening comments of the September sitting. When it comes to the operation of the House, I intend to be strict with the rules. When we were elected, we accepted the challenge to create a legacy for future generations of both territories that will be created on April 1, 1999. It is a challenge I know we will meet with mutual respect and cooperation.

Before we begin, I ask all Members and the public to join me in sending our prayers to the Member for Amittuq, Mark Evaloarjuk and his family. Mr. Evaloarjuk is in the hospital in Ottawa and I know you will join me in wishing him a speedy recovery. I hope he will be able to join us in the near future. Once again, welcome to the continuation of the Sixth Session of the 13th Assembly.

I also wish to advise the House that I have received the following messages from the Commissioner of the Northwest Territories.

Dear Mr. Speaker:

I wish to advise that I recommend to the Legislative Assembly of the Northwest Territories, the passage of Supplementary Appropriation Act, No. 3, 1998/99 during the Sixth Session of the 13th Legislative Assembly.

Yours truly, Helen Maksagak, Commissioner.

Orders of the day. Item 2, Ministers' statements. Mr. Arlooktoo.