Thank you, Government House Leader. I will now allow comments on this point of order. Member for Monfwi. To the point of order, first, and then we will deal with the point of privilege. We will allow debate on the point of order, and then once we conclude that will be the point of privilege. Member for Monfwi.
Masi, Mr. Speaker. [Translation] I have a point of privilege. Thank you for giving me this opportunity to speak on my point of privilege. When we look at the position of the Premier, it is a big position. It is a huge job, and also the president of Aurora College has its own rules and regulations in place. The decision the Premier has made, we want to know exactly what happened. The way we have these recorded information, I will read it in English because I want it properly recorded. We do have a really good interpreter, but I will say this one in English. [Translation ends]
Mr. Speaker, I have a point of privilege affecting this Assembly. The Premier has acted outside her statutory authority by terminating the appointment of the president of Aurora College without the statutory authority to do so. The Premier's action are in direct contravention of Section 19 of the Aurora College Act. In doing so, she has breached the collective privileges of this House done against the dignity and authority of this Assembly as per Rule 20 of the Rules of the Legislative Assembly.
Mr. Speaker, I bring this question to the Assembly, to the attention of this
Assembly at the earliest opportunity to do so after receiving legal advice from independent counsel that was laid before the House yesterday when I tabled the document 40-19(2) and upon review of the Premier's response to my questions in Hansard from yesterday's proceedings.
Mr. Speaker, the rule of law as commonly defined as the principles whereby all Members of a society, including those in government, are considered equally subject to publicly disclosed legal codes and processes. In brief, Mr. Speaker, it means that no one, absolutely no one, is above the law, especially the elected lawmakers, even more, so Ministers of the Crown.
When the Premier decided to take a statutory role of the Minister of Education on the administration of the Aurora College Act, she violated this fundamental principle of our society, Mr. Speaker.
Mr. Speaker, this is a gravely serious matter in that an act in contempt of our laws is to act in contempt of the Assembly that makes them. The authority of this Assembly has been overridden by the actions of this Premier with the consequences that she has obstructed the ability of legislature in carrying out the lawmaking functions.
Mr. Speaker, the Premier has repeatedly refused to accept that she erred in impeding the statutory authority of one of her Ministers. Appropriate sanctions must be sought to curb this behaviour, to restore the integrity of the rule of law, and to ensure that we continue to live up to the highest standards, probity, integrity, accountability of our actions as elected officials.
Mr. Speaker, clearly, like all Members across this floor here, I was hoping for real positive changes within our government, an accountable government, a transparent government, but not this, Mr. Speaker. We cannot continue operating this way for our people. There are so many questions from myself and from the public, as well. They hold us in high regards when we make decisions for them across the Northwest Territories.
Mr. Speaker, I await your decision on this very important matter, and I will respect your decision. Masi, Mr. Speaker.
Thank you, Member for Monfwi. Thank you. I will now allow the Honourable Premier to speak to the point raised.
Thank you, Mr. Speaker. I want to start by raising the point that points of privilege should be raised at the earliest possible time. This issue has been raised now for a number of weeks. This point could have been raised earlier. If there was an issue related to the timing of the legal opinion, I note it was dated February 12th, more than two weeks ago. Mr. Speaker, nothing in the present circumstances have prevented the Assembly from being able to fulfill its duties. The hiring and firing of associate deputy ministers and their statutory appointments of officials are not matters that relate to functions and duties of the Assembly. I have responded to questions in this Assembly related to a sensitive human resources matter to the extent that is appropriate.
Mr. Speaker, I have even offered briefings to help the Member better understand the steps and processes involved in ending an employment relationship. I continue to disagree that anything done in relation to this matter lacked the proper authority, did not follow any required steps, or broke the law.
I terminated an employment relationship of an associate deputy minister who also had a statutory appointment as the president of Aurora College under the Aurora College Act. The steps required to terminate that employment relationship were followed. The steps to terminate the statutory appointment have also been followed with the revocation of that appointment by the Minister of Education, Culture and Employment. The termination of that appointment instrument will appear in the Gazette shortly. MLAs should be aware of the nature of statutory appointments.
I know that the Member of Monfwi made hundreds of statutory appointments during his time as Minister. This did not mean he had the authority to terminate any employment relationship for such appointment holders. The revocations of such appointments always follow the termination of the employment agreement.
The confusion over this matter is both frustrating and unfortunate, but it should not affect the proper functioning of this House. I regret that we are again taking up valuable time over what appears to be confusion over the paperwork required to affect the termination of an appointment. Thank you, Mr. Speaker.
