Legislative Reports
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Legislative Reports the House for Third Reading some- time during the next session. On October 12, 2004 Premier Gary Doer (NDP - Concordia) an- nounced the following changes to his cabinet: • Dave Chomiak (NDP – Kildonan), the long serving Min- Northwest Territories ister of Health, moved to the re- cently created portfolio of Energy, Science and Technology. he election for the 15th Legisla- tive Assembly was held in No- Manitoba • Tim Sale (NDP – Fort Rouge) T switched positions with Minister vember 2003. The NWT's consensus ince the House rose on June 10, Chomiak, taking over in Health style of government is such that all after his time as the debut Minis- 2004 legislative activity has been Members are elected as independ- S ter in Energy, Science and Tech- ent Members and are subjected to very light in Manitoba. Despite the nology. relative quiet, our Standing Com- an orientation period prior to • Scott Smith (NDP – Brandon choosing a Premier and Cabinet mittees have continued to meet. West) becomes the new Minister The Public Accounts Committee Ministers to form the government. of Intergovernmental Affairs and For the 15th Assembly, this orienta- held two meetings in September Trade. Mr. Smith was formerly with more meetings anticipated. the minister of Industry, Eco- tion period lasted from December 4, Our Public Accounts Committee nomic Development and Mines. 2003 to the opening of the first ses- sion on December 11, 2003 and in- has continued its evolution this year • Jim Rondeau (NDP – Assiniboia) with several matters of procedure – moves from Healthy Living to cluded two days of administrative being debated in committee. become the Minister responsible orientation, three days of proce- for Industry, Economic Develop- dural and socio-economic familiar- Other committees also met dur- ment and Mines. ing this intersessional period to con- ization, a two-day Territorial sider legislation and other matters. • Theresa Oswald (NDP – Riel) – Leadership Committee to elect the enters cabinet for the first time as Speaker, Premier and Cabinet, a The Standing Committee on Crown Minister of Healthy Living. Corporations met twice to consider swearing in ceremony and a quick Annual Reports from both the Man- two-day session followed by proro- itoba Liquor Control Commission gation. and the Manitoba Lotteries Corpo- The 3rd Session of the 38th Legis- Both, the Speaker, David Krutko, ration. Additionally, the Standing lature began on November 22, 2004 and the Premier, Joe Handley, were Committee on Social and Economic with the Speech from the Throne. acclaimed to their respective of- Development assembled to con- fices. In keeping with recent prac- sider and hear public presentations Rick Yarish tice, the Leadership Committee on Bill 22 – The Water Protection Act. Clerk Assistant / elected two Cabinet Members from Clerk of Committees Bill 22 sets out a legislative scheme each of the northern, Yellowknife to provide improved protection for and southern constituencies. The Manitoba’s water resources. Car- secret ballot elections were settled ried over from the last session by on the first ballot for the northern agreement, the Bill will go back to and Yellowknife constituencies 34 CANADIAN PARLIAMENTARY REVIEW /WINTER 2004-05 with a second ballot required for the Northwest Territories. The Com- ber of the Executive Council. Prior south. mittee selected two independent to the commencement of the meet- One unique feature of consensus co-chairs, including former Premier ing, Mr. Krutko submitted a letter to government is the absence of the po- Jim Antoine, and two independent the Clerk advising of his resignation litical party platforms that would facilitators, including former Clerk as Speaker. The first order of busi- ordinarily give a new government a David Hamilton. ness therefore, was the election of a head start on its strategic planning Although the Circle of Northern new Speaker. Following a call for following an election. The result is Leaders contributed to Caucus and nominations, Paul Delorey, MLA that setting the agenda for a new Government strategic planning ef- for Hay River North was acclaimed NWT Assembly can only begin after forts, its most significant outcome Speaker by the Clerk and immedi- the election, and typically includes was a general agreement among the ately assumed the Chair of the the entire Caucus. delegates that it should mark the be- meeting. Each of the two candi- The 15th Assembly's strategic ginning of an ongoing forum to de- dates for the vacant cabinet seat was planning began at the very first velop more trust and collaboration provided ten minutes to make a meeting of Caucus two weeks after among northern governments on speech, followed by a secret ballot the election. Each Member was common interests. The Circle of election. Former Speaker Krutko given an opportunity to introduce Northern Leaders will now likely be was elected to the Executive Coun- themselves, and speak for ten min- an annual event. cil and has since assumed the utes. Suggested topics, for example, Following the Circle of Northern portfolio of Minister of Housing. "Why did you run for office?", were Leaders, Caucus and Government The second disciplinary matter sent to Members in advance to help completed their strategic planning relates to the declared place of resi- them prepare their comments. Sig- processes. The final outcome was dence of former Cabinet Minister nificantly, this meeting took place two documents: the 15th Assem- Roger Allen. Members who per- before the selection of the Speaker bly's vision and goals, and a govern- manently reside outside of com- and Cabinet Members, so that all 19 ment strategic plan which muting distance of the capital are Members were able to speak freely elaborates on the first document by entitled to an accommodation al- and independently. Staff atten- identifying specific actions to ac- lowance of up to $30,000 per year. dance was restricted to the Clerk complish the goals identified by This allowance is intended to cover and the Special Advisor to the Caucus. Both documents were the cost of a second residence in Yel- Speaker, which contributed to the released to the public in June 2004. lowknife for the Member's use while in the capital on business of openness of the speeches. Disciplinary Matters A consensus emerged at the first the Assembly. To access the allow- ance, Members are required to meeting of Caucus that other north- On May 28, 2004, Norman ern governments should have a swear a statutory declaration attest- Yakeleya, the Member for Sahtu, ing to their primary place of resi- voice in setting the agenda for the gave notice that on May 31, 2004, he 15th Assembly. This resulted in an dence and provide the Board of would move that the Assembly re- Management with certain historic gathering of aboriginal voke the appointment of Henry Zoe leaders, municipal government documents to substantiate the to the Executive Council. The cir- declaration. leaders and the 19 MLAs hosted by cumstances giving rise to this mo- On March 31, 2004, Mr. Allen pro- the K'atl'odeeche First Nation on the tion, which were widely reported in vided then Speaker Krutko with a Hay River Dene Reserve. The gath- the local and national media, re- statutory declaration claiming per- ering, which became known as the lated to an alleged verbal and physi- manent residence at 107B East Circle of Northern Leaders, was cal altercation between Mr. Zoe and Campbell Lake, Inuvik. This decla- held over three days in April 2004. certain members and guests of the ration was subsequently tabled in In order to ensure that all govern- Royal Canadian Legion. the House. Upon review of the sup- ments were treated as full partici- In the end, the motion was carried porting documentation, the Board pants, the overall planning for the with thirteen in favour, four op- of Management advised Mr. Allen meeting was overseen by a Steering posed and one abstention. The fol- that further substantiation of his Committee with representatives lowing day, a second meeting of the place of primary residence was from aboriginal and municipal gov- Territorial Leadership Committee needed. The Board gave Mr. Allen ernments, the Legislative Assem- of the 15th Legislative Assembly bly, and the Government of the was convened to elect a new Mem- WINTER 2004-05 /CANADIAN PARLIAMENTARY REVIEW 35 until June 30, 2004 to provide it with The Assembly may either accept or force until Canada passes its own additional proof of residence. reject the recommendations of the settlement legislation, including The Board met on June 30 to re- sole adjudicator, but not vary them. amendments to the Northwest Terri- view the additional documentation In the meantime, Mr. Allen submit- tories Act, which will authorize provided by Mr. Allen. At this ted his resignation as a Member of these territorial laws that would meeting, the Board determined the the Legislative Assembly to the otherwise be ultra vires. documentation to be insufficient Speaker on October 12, 2004. The The Act deals with the establish- and advised Mr. Allen that his ac- Member's seat has been declared ment of new community govern- cess to the capital accommodation vacant and a by-election is being ments in accordance with the allowance was revoked and that re- held in the Inuvik Twin Lakes rid- Agreement, and sets out their mu- payment of all funds previously ing to select a new Member. The nicipal-type powers and proce- provided was required within Conflict of Interest Commissioner's dures. A significant portion of the ninety days. It is important to note investigation continues. Act was dictated by the negotiated that the Board did not make a deter- Legislation and Committees Agreement itself, which left little mination as to Mr. Allen's place of room for amendments by legisla- permanent residence, be it Inuvik or Due to the timing of the election, tors.