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Legislative Assembly of Alberta the 29Th Legislature Second Session

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Legislative Assembly of Alberta the 29Th Legislature Second Session Legislative Assembly of Alberta The 29th Legislature Second Session Select Special Ethics and Accountability Committee Election Finances and Contributions Disclosure Act Review Monday, September 19, 2016 10 a.m. Transcript No. 29-2-15 Legislative Assembly of Alberta The 29th Legislature Second Session Select Special Ethics and Accountability Committee Littlewood, Jessica, Fort Saskatchewan-Vegreville (ND), Chair Miller, Barb, Red Deer-South (ND), Deputy Chair Sweet, Heather, Edmonton-Manning (ND),* Acting Chair Anderson, Wayne, Highwood (W) Clark, Greg, Calgary-Elbow (AP) Connolly, Michael R.D., Calgary-Hawkwood (ND) Cooper, Nathan, Olds-Didsbury-Three Hills (W)** Cortes-Vargas, Estefania, Strathcona-Sherwood Park (ND) Cyr, Scott J., Bonnyville-Cold Lake (W) Drever, Deborah, Calgary-Bow (ND) Jansen, Sandra, Calgary-North West (PC) Loyola, Rod, Edmonton-Ellerslie (ND) Nielsen, Christian E., Edmonton-Decore (ND) Nixon, Jason, Rimbey-Rocky Mountain House-Sundre (W) Renaud, Marie F., St. Albert (ND) Starke, Dr. Richard, Vermilion-Lloydminster (PC) Sucha, Graham, Calgary-Shaw (ND) Swann, Dr. David, Calgary-Mountain View (AL) van Dijken, Glenn, Barrhead-Morinville-Westlock (W) * substitution for Barb Miller ** substitution for Wayne Anderson Also in Attendance Jabbour, Deborah C., Peace River (ND) Office of the Chief Electoral Officer Participants Glen Resler Chief Electoral Officer Kevin Lee Director, Election Finances Fiona Vance Legal Counsel Support Staff Robert H. Reynolds, QC Clerk Shannon Dean Law Clerk and Director of House Services Trafton Koenig Parliamentary Counsel Stephanie LeBlanc Parliamentary Counsel Andrea Szabo Legal Counsel Philip Massolin Manager of Research and Committee Services Sarah Amato Research Officer Nancy Robert Research Officer Corinne Dacyshyn Committee Clerk Jody Rempel Committee Clerk Aaron Roth Committee Clerk Karen Sawchuk Committee Clerk Rhonda Sorensen Manager of Corporate Communications and Broadcast Services Jeanette Dotimas Communications Consultant Tracey Sales Communications Consultant Janet Schwegel Managing Editor of Alberta Hansard Transcript produced by Alberta Hansard September 19, 2016 Ethics and Accountability EA-439 10:00 a.m. Monday, September 19, 2016 Dr. Swann: Good morning, all. David Swann, Calgary-Mountain Title: Monday, September 19, 2016 ea View. [Mrs. Littlewood in the chair] The Chair: Is there anyone else joining us by phone? The Chair: Good morning, everyone. I would like to call the Just for the record, we have official substitutes. Mr. Cooper is meeting of the Select Special Ethics and Accountability Committee substituting for Mr. W. Anderson, and we have Ms Sweet to order. Welcome to members and staff in attendance. substituting for Ms Miller. To begin, I will ask that members and those joining the commit- A few housekeeping items to address before we turn to the tee at the table introduce themselves for the record, and then I will business at hand. A reminder again that the microphone consoles address members that are on the phone. I will begin to my right. are operated by the Hansard staff, so there’s no need for members to touch them. Please keep cellphones, iPhones, and BlackBerrys Ms Sweet: Good morning, everyone. My pleasure to be here. I’m off the table as these may interfere with the audiofeed. Audio of Heather Sweet, MLA for Edmonton-Manning. committee proceedings is streamed live on the Internet and re- corded by Hansard. Audio access and meeting transcripts are Loyola: Rod Loyola, MLA for Edmonton-Ellerslie. obtained via the Legislative Assembly website. Mr. Nielsen: Good morning, everyone. Chris Nielsen, MLA, Next up we have approval of the agenda. Edmonton-Decore. Dr. Starke: Madam Chair? Connolly: Michael Connolly, MLA for Calgary-Hawkwood. The Chair: Dr. Starke. Mr. Sucha: Graham Sucha, MLA, Calgary-Shaw. Dr. Starke: Thank you, Madam Chair. At this point I’d like to raise Cortes-Vargas: Estefania Cortes-Vargas, MLA for Strathcona- a point of privilege on an item of concern, and I have copies that I Sherwood Park. can distribute to both the chair and members. Drever: Deborah Drever, MLA for Calgary-Bow. The Chair: Mr. Clark, would you like to introduce yourself for the record? Ms Renaud: Marie Renaud, St. Albert. Mr. Clark: Good morning. Greg Clark, MLA, Calgary-Elbow. Ms Jabbour: Debbie Jabbour, MLA for Peace River and Deputy Speaker. The Chair: Dr. Starke, I’ll allow you to address your concern. Mr. Lee: Kevin Lee, director, election finances with Elections Dr. Starke: Thank you, Madam Chair. I would like to move that Alberta. the Select Special Ethics and Accountability Committee report to the Assembly a purported question of privilege related to the Mr. Resler: Good morning. Glen Resler, Chief Electoral Officer, actions of the committee chair, specifically that the chair violated Elections Alberta. the obligation of impartiality and nonpartisanship of the chair in attempting to influence discussions that were to occur during the Ms Vance: Fiona Vance, legal counsel for Elections Alberta. September 19, 2016, meeting of the committee. Madam Chair, I’m raising this point of privilege under Standing Mr. Cooper: Good morning, all. Nathan Cooper from the Order 15(2). It is based on the grounds that the actions of myself as outstanding constituency of Olds-Didsbury-Three Hills. a committee member and, I would suggest, by extension, all members of this committee, really, on both sides have been violated Mr. Nixon: Morning. Jason Nixon, MLA for Rimbey-Rocky by the actions of the chair in terms of discussions that occurred on Mountain House-Sundre, where the people from Olds go on Friday last in advance of this committee meeting. holidays, for the record. Now, first, Madam Chair, I think it’s important that we review some procedural matters because that’s, you know, sort of required. Mr. van Dijken: Glenn van Dijken, MLA, Barrhead-Morinville- I guess we can say for starters that questions of privilege at the Westlock. committee level are very rare. They’re not all that common in the Mr. Cyr: Scott Cyr, MLA for Bonnyville-Cold Lake. Assembly as well. It is a rare occurrence, so we have to review the process of these complaints. This case presents the parallel of a Ms Jansen: Sandra Jansen, MLA, Calgary-North West. situation that we have found in earlier matters. Most recently it was raised by the MLA for Edmonton-Calder, Mr. Eggen, at the meeting Dr. Starke: Good morning. Richard Starke, MLA, Vermilion- of the Standing Committee on Legislative Offices on 17 February Lloydminster. 2015. In going through these matters, I am also referring to a ruling by Speaker Zwozdesky from the Members’ Services Committee on Dr. Amato: Good morning. Sarah Amato, research officer. 27 February 2013, in which Speaker Zwozdesky detailed the four- Dr. Massolin: Good morning. Philip Massolin, manager of step process that is required for questions of privilege, specifically research and committee services. in committee sittings. Speaker Zwozdesky indicated that, one, the member must raise Mrs. Szabo: Good morning. Andrea Szabo, lawyer with the office the point of privilege and that the chair of the committee must make of Parliamentary Counsel. a determination that the issue in question touches on the matter of parliamentary privilege. Second, if the chair determines that the Ms Rempel: Good morning. Jody Rempel, committee clerk. matter in question actually does touch on a matter of privilege, the member raising the point may make a motion that the committee The Chair: Dr. Swann, on the phone. report to the Legislative Assembly on the purported issue of EA-440 Ethics and Accountability September 19, 2016 privilege. Third is debate amongst committee members during takes no part in debate in the House, and votes only when the which the member raising the question of privilege is able to present Voices are equal, and then only in accordance with rules which and defend his or her case that a breach of privilege has occurred. preclude an expression of opinion upon the merits of a question. And, finally, fourth, should the committee decide in favour of the And in subsection (2): motion in question, it should be presented to the Legislature as In order to ensure complete impartiality the Speaker has usually evidence of contempt for the authority or activities of the relinquished all affiliation with any parliamentary party. The committee. In such case, the Speaker of the Assembly would then Speaker does not attend any party caucus nor take part in any outside partisan political activity. be enabled to rule on the matter. So, Madam Chair, my concern in this particular instance is that I will point out, Madam Chair, for the record that in your role as in contacting me on Friday and sharing with me the position of committee chair you are not empowered to rule on questions of members of the NDP caucus and in turn asking me for my position privilege, that only, indeed, the Speaker can rule on questions of on certain items that were going to be under discussion, substantive privilege. That is, indeed, why it must be referred to the Speaker. matters of debate specifically relating to the report on third-party On Friday last, Madam Chair, you will recall that at about 1 in spending and third-party activities, and asking what the position of the afternoon I received a phone call from you, and during the members of our caucus would be, you overstepped your authority course of that telephone call I was I’ll say shocked by a number of as chair of the committee. questions that you asked me regarding the position of members of Further, I would argue and put forward that your sharing with me our caucus on a number of issues that were to be discussed at the position of members of the NDP caucus in this regard was also today’s committee meeting. Now, in your role as chair it is certainly a violation of your requirement for neutrality and impartiality.
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