Debates of October 29, 2018 (day 45)

Date
October
29
2018
Session
18th Assembly, 3rd Session
Day
45
Members Present
Hon. Glen Abernethy, Mr. Beaulieu, Mr. Blake, Hon. Caroline Cochrane, Ms. Green, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. McNeely, Hon. Alfred Moses, Mr. Nadli, Mr. Nakimayak, Mr. O'Reilly, Hon. Wally Schumann, Hon. Louis Sebert, Mr. Simpson, Mr. Testart, Mr. Thompson, Mr. Vanthuyne
Topics
Statements

With that, Members, we will call a short recess. Thank you.

---SHORT RECESS

Thank you, committee. We will now call the Committee of the Whole back to order. Committee, we were on clause 2. We will continue. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. We will now do the majority in groups.

---Clauses 3 to 33 inclusive approved

Committee Motion 80-18(3): Bill 24: An Act to Amend the Elections and Plebiscites Act - Amendment in Clause 34 by adding the following after paragraph (a), Defeated

Thank you, Mr. Chair. Mr. Chair, I move that Bill 24 be amended in clause 34 by adding the following after paragraph (a):

(a.1) adding the following after paragraph (o):

(o.1) if the person being nominated wishes to be identified on the ballot as a member of a registered political party

(i) contain the consent of the party's authorized representative, as indicated by the authorized representative's signature, and

(ii) contain the person's written declaration that he or she is a member of a registered political party and wishes to be identified as a member of that party on the ballot.

Thank you, Mr. Chair.

Thank you, Mr. Testart. Thank you, committee. I did not yet call clause 34, but I will call it now, and we will proceed to the motion. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you, Mr. Chair. I know which way the wind is blowing on this amendment, so I won't belabour the point too much, but for the purposes of posterity, I wish to make sure these amendments make their way into the official record so that we can see clearly what was being proposed and clearly how these amendments were designed to create options for our residents.

There are a few more amendments I will move as well for the same purposes, but we don't have to belabour the point, and I won't be asking for recorded votes. Thank you.

Thank you, Mr. Testart. The motion is in on the floor. The motion has been distributed. The motion is in order. To the motion.

Speaker: SOME HON. MEMBERS

Question.

All those in favour, please rise. Mr. Testart.

Sorry, Mr. Chair. I did not request a recorded vote.

Okay, a miscommunication here. To the motion. All those in favour? All those opposed? All those abstaining?

Defeated

Committee, we will now continue with clause 35. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Agreed. Clause 36. Mr. Testart.

Committee Motion 81-18(3): Bill 24: An Act to Amend the Elections and Plebiscites Act - Adding the following after Clause 36, Defeated

Thank you, Mr. Chair. I move that Bill 24 be amended by adding the following after clause 36:

36.1 The following is added after section 83:

83.1. The Chief Electoral Officer shall maintain a register of political parties and shall register in it any political party that files with the Chief Electoral Officer an application in the approved form that contains

(a) the names of at least 60 electors indicated by the signature of each elector who collectively represents a minimum of three electoral districts, and who identify as Members of the political party;

(b) the constitution of the political party approved by a majority of its members; and

(c) the name of the person identified as the authorized representative of the registered political party. Thank you, Mr. Chair.

Thank you, Mr. Testart. To the motion. Question has been called. All those in favour? All those opposed? All those abstaining?

---Defeated

The committee will now continue with clause 37.

---Clauses 37 through 59 inclusive approved

Committee Motion 82-18(3): Bill 24: An Act to Amend the Elections and Plebiscites Act – Renumbering clause 60 as subclause 60(1) and adding the following after that renumbered subclause, Defeated

Thank you, Mr. Chair. I move that Bill 24 be amended by renumbering clause 60 as subclause 60(1) and adding the following after that renumbered subclause:

(2) The following is added after subsection 238(1):

(1.1) A person who may be a candidate for an electoral district may, during the period of time prior to the pre-election period and campaign period for an election, use an amount of his or her own funds not exceeding $30,000 to promote his or her candidacy or election.

Thank you, Mr. Chair.

Thank you, Mr. Testart. To the motion? Mr. Testart.

Thank you, Mr. Chair. This amendment is separate from the previous suite of amendments that was designed to register and regulate territorial political parties. One of the concerns raised, and we've heard it in the debate was around creating an unfair advantage for independent candidates or incumbents to compete with a political organization with superior resources.

This amendment allows anyone who wishes to be a candidate in an election to use up to $30,000 a year to promote their candidacy. One of the realities of being an incumbent in this House is we are able to hold the public's attention to a certain degree for four years through newsletters, through advertising. Even if it's not to directly promote our candidacy, it indirectly continues to keep our roles as MLAs alive in the public's eyes.

In the Northwest Territories, statistically, incumbents have a 65 percent likelihood of being returned to office in a general election. This amendment is designed to allow potential challengers to an incumbent to be able to spend their own personal resources to promote their candidacy. That could look like an ad in the newspaper saying, "I'm John Doe, and I would like to be your next MLA for Kam Lake," and it to not be an offence under the Elections Act to do so.

A lot of Members spoke earlier today about ensuring we have a level playing field for all political contenders. This amendment will allow independence, because we all know the registration of political parties is not a reality. Those amendments failed. This amendment specifically addresses the ability of independent candidates to promote their candidacy to a pre-defined limit outside of an electoral period or a pre-election period.

I hope Members will consider this separate from the issues of political parties. This is a very specific amendment that addresses independent candidates who could be consensus candidates or any kind of candidate, but this does level the playing field between challengers and incumbents. At the appropriate time, I would like a requested vote. Thank you, Mr. Chair.

Thank you, Mr. Testart. To the motion. Minister Cochrane.

Thank you, Mr. Chair. This one was the most worrisome for myself. My understanding is this gives the person $30,000 they could spend during the election period, usually a month, and then an extra $30,000 for a year before. This does impact people who live in poverty. Again, like I said before, we need to make these Chambers as accessible as possible. I don't know very many people who live in poverty who could come up with $60,000 in a year, so therefore I will not be supporting this motion. Thank you, Mr. Chair.

Thank you, Minister Cochrane. Mr. Vanthuyne.

Thank you, Mr. Chair. I'm appreciative of what this particular motion is presenting. I recognize that I ran in a riding where the incumbent was retiring, but had I not run in a riding where the incumbent was retiring, it is clearly, and we know this statistically, proven time and time again, and I think that my colleague from Kam Lake was being a little bit conservative on his numbers as it relates to the percentage that an incumbent has as an advantage in getting back into office. It's more like 85 percent, from some statistics that I've seen in the past. That comes because they have a lot of exposure through various forms of mediums, and it is extremely difficult for any new candidate who is going to make this commitment in life. There are a lot of different things that they have to get in order to even come to this decision that we are going to make in terms of for them to run.

Again, we talk about us wanting to promote women getting into politics and leadership roles, and one of the challenges that we've identified, as has the Member on the other side of the House, one of them is the financial challenges that they have. When you're competing against an incumbent, boy, do you ever have to take out of your pocket, or certainly go knocking on your friends' doors to see if you can raise any kind of money to compete against an incumbent, because it's difficult.

In a very short period of time, in the writ period, you have 35 days to put out the best case scenario for promoting yourself; whether it's on social media, or in the newspapers, on the radios, at the public forums, knocking on doors, and you have to have some kind of messaging document with you all the time, whether it's brochures, et cetera. They all cost money. What this is going to allow is for not only any candidate, but especially non-incumbent candidates to go out and raise some funds. This isn't just about money out of their own pocket. They are allowed to go and raise some funds. Write some letters to some friends and family and say, "I need your help. I'm going to do my best and put my best foot forward, and would you kindly support me." They can collect some money and make the case and build support for themselves. Frankly, I appreciate that the Member has put this forward, and I will give it my support. Thank you, Mr. Chair.

Thank you, Mr. Vanthuyne. Mr. Abernethy.

Thank you, Mr. Chair. Mr. Chair, I'm trying to fully understand this particular motion. In listening to the Member from Kam Lake, it sounds like he was suggesting that a person who wished to be a candidate in a district but wasn't currently an incumbent might be able to spend some money in order to level the playing field. But the more I look at the motion, it sounds like anybody, whether you're an incumbent or somebody who is seeking to run against the incumbent, can spend money. To me, that doesn't really scream levelling the playing field. I'd like to ask the Member a question: can the Member provide some clarity as to whether or not this is anybody can spend $30,000 prior to the election period, or non-incumbents who are choosing to run can spend $30,000? I am open to supporting the second, but not the first. Thank you, Mr. Chair.

Thank you, Mr. Abernethy. Next on the list, we have Mr. Sebert.

Yes, I share Mr. Abernethy's concern because it doesn't differentiate between new candidates and incumbents. We know that incumbents often win, so this system would seem to me to lead to the incumbent spending the $30,000 since they're already ahead, so I don't think I can support this. Thank you.

Thank you, Mr. Sebert. Next, we have Ms. Green.

Thank you, Mr. Chair. Mr. Chair, fundraising for election purposes is now tightly controlled by the Election Act. The amount of money that you can raise, the ability to provide tax receipts to donors, and an accounting of what the money has to be spent on, I don't see those provisions being reflected in this. Those provisions apply to people who are a candidate.

What if a person decides, after all, not to be a candidate and they have raised this money? Do they owe some kind of explanation or accounting for raising the money and then not becoming a candidate? I think that this motion is too vague to add to the changes at this time, and I won't be supporting it. Thank you.

Thank you, Ms. Green. To the motion. Mr. O'Reilly.

Thanks, Mr. Chair. Yes, I would like a little more time to consider this. My concern is that there are rules around what sitting MLAs can spend their money on. We do have rules around our constituency, expense allowances. They are there for good reasons, to allow us to tell people what we are doing as MLAs. Hopefully, it doesn't creep over into electioneering.

I understand what the intent of what the mover of the motion is trying to accomplish. I am not sure this is the best way to do it. There are some rules that we are going to get to in terms of third-party advertising during a campaign that I think will address another set of related issues. I am worried that this is going to set up perpetual election mode for us in the Northwest Territories, where anybody who wishes to be a candidate, including an incumbent, presumably, can spend money outside the election period.

I am not sure that is a great way to go about this. I appreciate the intent. I am not sure this is the best way to address the issue. Thanks, Mr. Chair.

Recorded Vote

Speaker: Mr. Ball

The Member for Kam Lake and the Member for Yellowknife North.

All those opposed, please rise.

Speaker: Mr. Ball

The Member for Tu Nedhe-Wiilideh, the Member for Nahendeh, the Member for Frame Lake, the Member for Yellowknife Centre, the Member for Deh Cho, the Member for Inuvik Boot Lake, the Member for Range Lake, the Member for Great Slave, the Member for Yellowknife South, the Member for Inuvik Twin Lakes, the Member for Hay River South, the Member for Thebacha, the Member for Sahtu.

All those abstaining, please rise. The results of the recorded vote are two in favour, 12 opposed, zero abstentions. The motion is defeated.

---Defeated

Clause 60. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Agreed? Thank you. Committee, just to be sure we have it on the record, I wanted to go back to several clauses where motions were defeated to ensure we agree. Committee, clause 34. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Clause 36, does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.

Thank you. We will now return to clause 61 to 74. Does committee agree?

Speaker: SOME HON. MEMBERS

Agreed.