Debates of October 6, 2023 (day 168)
Motion 86-19(2): Report of Integrity Commissioner into Complaint of Code of Conduct, Carried
Merci, Monsieur le President.
WHEREAS the Integrity Commissioner received a written complaint and carried out an investigation pursuant to section 100(2) of the Legislative Assembly and Executive Council Act;
AND WHEREAS the Integrity Commissioner submitted an investigation report dated October 3rd, 2023, to the Speaker of the Legislative Assembly into the conduct of Ms. Katrina Nokleby, MLA Great Slave, by returning to and remaining in Yellowknife after it was ordered to be evacuated in August 2023;
AND WHEREAS the Integrity Commissioner has concluded that the MLA for Great Slave violated section 2 of the Members' Code of Conduct;
AND WHEREAS based on that conclusion, section 102(c) of the Legislative Assembly and Executive Council Act provides that the Integrity Commissioner may recommend to the Legislative Assembly one or more punishments in accordance with section 106;
AND WHEREAS the Integrity Commissioner, pursuant to 106(1) of the Act
(a) has recommended the Legislative Assembly may reprimand Ms. Nokleby and
(b) fine Ms. Nokleby $7,500 to be reduced by the $3,500 contribution she has made to a charity for a net amount of $4,000.
NOW THEREFORE I MOVE, seconded by the honourable Member for Hay River North, that the recommendations of the Integrity Commissioner be accepted and that this Assembly reprimand the Member for Great Slave and impose a fine of $7,500 to be reduced by $3,500, for charitable contributions made, for a net amount of $4,000. Mahsi, Mr. Speaker.
Thank you, Member for Frame Lake. The motion is in order. To the motion. Member for Frame Lake.
Merci, Monsieur le President. I wish to provide some context and background on this motion.
In December 2015, the 18th Assembly adopted a motion which referred the Members' conduct guidelines to the Standing Committee on Rules and Procedures, which I chaired, for comprehensive public review. This work included a thorough examination, conduct guidelines from other jurisdictions, all relevant legislation, and the rules of the Legislative Assembly of the Northwest Territories. Committee filed both an interim report and a final report on this review.
The interim Report on the Review of Members' Conduct Guidelines was brought forward on October 25th, 2016. The purpose of the interim report was to generate public discussion, consultation, and further research. We reviewed best practices and experiences across Canada and the Commonwealth. Public hearings were held in Inuvik, Hay River, and Yellowknife. Written submissions were also carefully reviewed.
A lot of work was done with all the MLAs in caucus to review options and determine the best path forward for our Legislative Assembly. We filed our report entitled You are Standing for Your People: Report on the Review of Members' Conduct Guidelines, in February 2017.
The report outlined several key concerns heard by committee, including that the then Members' conduct guidelines were only voluntary, and that the adoption of a Code of Conduct include more specific and enforceable obligations. These concerns were addressed through the development of a new Members' Code of Conduct that includes specific and enforceable provisions for the 19th and future Assemblies and expanded role for the old office of the Conflict of Interest Commissioner that now includes
Responsibility for receiving and investigating complaints respecting potential breaches of the Code of Conduct through an Integrity Commissioner;
Legislative changes to incorporate these improvements and make them binding on all MLAs; and
Requirements that this information be given to and acknowledged by all future candidates in territorial elections.
As a result of these changes during the 19th Assembly, we held a public ceremony right here in this Chamber where each Member agreed to and signed the Code of Conduct with an understanding of what that means. Today, we have an established binding process. We are following that process. A complaint was made to the Integrity Commissioner. He investigated the complaint. He concluded the Member breached the Code of Conduct. He recommended the Assembly take specific action under the legislation. We can accept or reject this recommendation.
To ensure the honour of this House and public confidence, we must respect and support our Code of Conduct and the legislated process to resolve complaints. This is why this motion is before us today. And we must deal with the recommendations from the Integrity Commissioner in this Assembly. This motion is the final step of this process. I believe that it is essential that the 19th Assembly be the one to conclude this process. This is the business of our Assembly, not the next one.
We all agreed to the Code of Conduct when we were sworn in here in this Chamber in 2019. We agreed to the system for resolving complaints. I fully accept the recommendations from the Integrity Commissioner. I will vote in favour of this motion to accept these recommendations to support our Code of Conduct and the honour of this House. I urge all my colleagues to do the same. Mahsi, Mr. Speaker.
Thank you, Member for Frame Lake. The motion is in order. To the motion. Member for Tu NedheWiilideh.
Mr. Speaker, I rise to support this motion at hand, one that seeks to impose and reprimand a fine $4,000 upon the Member for Great Slave Lake. This action is in response to the severe breach of our MLA Code of Conduct wherein the Member for Great Slave has accepted that she's openly violated the public safety order during the recent fire emergency, an emergency that witnessed the evacuation of 19,000 residents of Yellowknife and thousands more in the South Slave. The transgression is not to be taken lightly as it goes against the very principle of responsibility in public safety that we, as elected officials, are entrusted to uphold.
Mr. Speaker, the recent wildfire emergency was a unprecedented crisis that saw our constituents in dire need of leadership, guidance, and unwavering commitment to their wellbeing. As elected leaders, it is our solemn duty to ensure the safety and welfare of the people we represent. The duty extends to respecting and adhering to the public safety order that are put in place for the benefit of communities.
These orders are not arbitrary. They are grounded in collective wisdom and expertise of emergency management authorities who have worked tirelessly to safeguard our residents during times of peril. To deliberately violate the public safety order during such a crisis as a Member of the Great Slave has accepted, it is not only irresponsible. It demonstrates a severe lapse of judgment and disregard for the lives and welfare of our constituents. The evacuation of thousands of residents was a monumental undertaking, and it required the full adherence to public safety order from all individuals, including elected officials. We're not above the law we pass in this House, Mr. Speaker.
It is important to acknowledge that perception and concerns raised regarding the difference in the outcome of these two cases. The fact that Steve Norn was Indigenous and the Member for Great Slave is a nonIndigenous settler is not lost on me and should not be lost on anyone in this Assembly. We must recognize that our action and decision carries significant weight and implications beyond the walls of this Chamber. Our constituents, who are diverse in every way and manageable, look to us not only to govern responsibility but also ensure that our decisions are equitable and just. The need for fairness and accountability in our action cannot be overstated. We have a moral and ethical responsibility to ensure that our decisions and judgment are consistent and fair regardless of the individual's background.
It is disheartening to witness and perceive disparity in how misconduct is addressed within our Assembly. This has led to a growing dissolution among our constituents who rightfully expect us with violation of public safety order and breaches of the Code of Conduct. It is incumbent upon us to uphold the principle and the fundamental justice in all our actions. To maintain the trust of our constituents, we must address these concerns head on.
This matter is very personal to me as I have the privilege to stand on the floor of the House due to the same byelection. I heard from residents in my riding on what they thought of Mr. Norn's conduct and eventual dismissal by his peers. I know how serious our constituents take matters of ethics and integrity for those lucky enough to serve in this institution. We must strive for consistency and fairness in our approach to addressing this conduct regardless of the individual's background, ethnicity, or political positions. It is our collective responsibility to ensure that justice is not only done but is seen to be done. Let us use this moment as an opportunity to reflect on how we can ensure that our represents the values of our diverse inclusive society.
Mr. Speaker, I appreciate the opportunity to further address this concern related to the conduct of the Member for Great Slave, particularly regarding her behaviour behind closed doors within the Legislative Assembly. While a public appearance and speeches are scrutinized and observed by our constituents and the media, it is essential to acknowledge the real
Member, you must speak to the motion.
I'm speaking to the motion.
You're speaking another topic. We're talking about the breach.
Mr. Speaker, I'm reading this on behalf of my constituency. They called me and asked me to put this together. And I just want if I could, I just got I just want to finish it. And it's related to the motion at hand. Thank you.
Mr. Speaker, it is without reasons that Member of Great Slave has been the subject of criticism for her conduct both inside and outside the Chamber, and it is worth reminding that this Assembly
Member for Tu NedheWiilideh, her conduct in the Assembly is not relevant to the motion. The motion is the breach of the orders.
Thank you.
Thank you, Member for Tu NedheWiilideh. The motion is in order. Member for Hay River South.
Thank you, Mr. Speaker. Mr. Speaker, I've had some time to think about that motion and, you know, and what transpired and, you know, I'm in favour of it. And you know, we do have laws. We have the Code of Conduct. And we have to follow those. That's you know, that's basically the rule of law and in this instance the Member, I guess, failed to do that according to the Integrity Commissioner. There was a process. If there is a process, if one wanted to, in this case to be deemed essential, and which is a fairly easy process. And to give you an example, myself, I stayed in Hay River during the fire. And, but I made sure that the town put me on their list of essential people. And I think that's important that you do that. It was it was easy to do. And, so that's kind of one point. The other point is when should a you know, when should a Member be deemed essential for something like this? And I think that's something we have to look at. And hopefully the next Assembly will do it because it's government money that's getting spent. There's there should be some interaction, I guess, or something there, representation or connection, you know, with somebody whether, it's a politician or whatever. Like, Hay River, just to give you another example, Hay River, we lost communication. So we didn't really have any communication with the outside except if you were by Starlink. So the point I want to get make is that we, as an Assembly, need to look at is at what point is an MLA deemed to be essential and under what criteria would that be. In this instance, there was an easy way for the Member to solve that was just ask the city to be put on the list, and the city said no. Simple. Then you don't stay in town, in the city. You go. And in this case, it didn't happen, so. And the other thing is there probably was some confusion, but Integrity Commissioner made his report. He made his recommendation. And I will follow that recommendation. Thank you.
Thank you, Member for Hay River South. The motion is in order. To the motion. Member for Yellowknife Centre.
Thank you, Mr. Speaker. Mr. Speaker, I'm going to quote the section of the Member's Code of Conduct which applies in this case. Members must act lawfully and in a manner that will with withstand the closest public scrutiny, upholding the integrity and honour of the Legislative Assembly and its Members. Members shall ensure their conduct does not bring the integrity of their office, or of the Legislative Assembly, into disrepute.
And as you know, Mr. Speaker, there's commentary that goes with this. And I think the most important paragraph in the commentary says the Legislative Assembly will not generally be interested in the personal or private affairs of a Member; however, if a Member's conduct is such that knowledge of it would likely to impair the public's trust in the institution of the Legislative Assembly, the Legislative Assembly may be justified in taking action. This is particularly so where the conduct in question is unlawful.
Mr. Speaker, there's no question that the Member for Great Slave has broken the Code of Conduct and that has been affirmed by the Integrity Commissioner.
I want to say as a Yellowknife MLA, when I was evacuated, and the news broke that the MLA for Great Slave had returned that the reaction from Yellowknife residents was anger. People were angry. They were also in a place that they didn't find comforting. They were in a place that wasn't home to them. Even though they may have been in a place that was safe and secure, they would rather have been in their own beds. And they were angry, I think, because there was no shared sense of anxiety and hardship, which all of us experienced to some extent or another.
There was no compelling reason for the MLA to be in Yellowknife, and there was no reason for her to stay after the YKDFN made it clear that they did not need her they did not need her services. So in summary, this was a selfish decision with no benefit to the community. And the fact that she's not here today tells us that she has nothing but disdain for this House. Those are my comments.
Thank you, Member for Yellowknife Centre. The motion is in order. To the motion. Member for Range Lake.
Mr. Speaker, on October 2nd, Minister Thompson and I attended an event held to recognize the hard work of GNWT employees who went above and beyond to keep our residents and communities safe during our horrible fire season. At this event, I spoke about how employees kissed their families goodbye, how they worried about their own safety, as well as the safety of their loved ones, as thousands of people evacuated. I also asked everyone to remember the firefighter who this summer lost his life. These employees are heroes, Mr. Speaker. They took on additional responsibilities and stepped up to support efforts when and where needed. But they were not the only residents to step forward. People also volunteered to stay behind to protect communities and support those working on the front lines. I want to thank those people as well. Their efforts assisted in ensuring we had homes and communities to return to.
In saying that, Mr. Speaker, not everyone who stayed behind in evacuated communities was authorized to do so. I stated many times through the evacuation it is critical for residents abide by the emergency orders so as not to put firefighters and other frontline workers at risk, nor to jeopardize the effectiveness of our emergency response. Mr. Speaker, most residents left, traumatizing to all.
Mr. Speaker, MLAs are expected to be role models for their constituents and for all residents. While we all make mistakes, it's critical to acknowledge those errors and commit to improving going forward. When the MLA for Great Slave entered Yellowknife during the evacuation, she states she believed that she had permission to do so. However, when it became clear that the Member was not authorized to support the fire efforts, by remaining in Yellowknife she undermined the hard work of many people and brought her office into disrepute. No MLA is above the law, and all Members must abide by emergency orders in place to protect residents. That is our work.
This should come as no surprise to anyone as we dealt with breaching of orders previously in this Legislative Assembly. It is clear to me, Mr. Speaker, that the MLA breached the Code of Conduct by choosing to remain in Yellowknife. And as such, I will be supporting this motion. Thank you, Mr. Speaker.
The motion is in order. To the motion. Member for Nahendeh.
Thank you, Mr. Speaker. Mr. Speaker, I stand here to support the motion. Mr. Speaker, I was struggling on what to say here, especially after what's been going on the last little while. However, I'm going to stick to what we're here to talk about today.
We came up with a tool that was to deal with MLA's Code of Conduct issues without having to spend tons and tons of money and doing an inquiry. We used that tool. I used that tool.
Mr. Speaker, when you look at the rule of law and order, MLAs are not above anybody else. We need to lead by example. That is our role. Mr. Speaker, we have two choices: accept or reject integrity Commissioner's report. That's it, Mr. Speaker. And with that in mind, Mr. Speaker, I will therefore support the recommendations provided by the Integrity Commissioner. Thank you, Mr. Speaker.
Thank you, Member for Nahendeh. The motion is in order. To the motion. Member for Yellowknife South.
Thank you, Mr. Speaker. Mr. Speaker, I want to speak to an aspect of the motion I haven't heard as much attention on, and so I wanted to take this opportunity. It comes at page 11 of the or I'm sorry, at page 11 of the Integrity Commissioner's decision. And he says, In reaching this determination, I have considered Ms. Nokleby's explanation that she did not leave Yellowknife after the YKDFN made it clear that she was not an essential worker because she was in, quote, emotional tailspin.
He continues on to say, The whole situation was no doubt stressful, as it was for everyone who evacuated as required. However, Ms. Nokleby was able to participate remotely in the Legislative Assembly session in Inuvik three days later.
Mr. Speaker, mental illness does not discriminate. It affects many residents of the Northwest Territories as we all know. Mr. Speaker, it affects many of my constituents, and it affected many of my constituents who were evacuated and who abided by the order. Many of those residents, Mr. Speaker, were in contact with me or their MLAs asking, in many cases, to be allowed back. I was specifically asked by someone who was in a difficult situation if they could be added to the essential workers list so that they could return. Mr. Speaker, I had to decline. Mr. Speaker, there was a number of people who were in extremely similar circumstances. It was difficult, it was stressful, and it was emotional, and they abided by the order that they were under and they did not return.
Mr. Speaker, it was difficult to answer questions to those residents who were struggling, who were struggling in difficult circumstances and who were struggling with emotional wellbeing, but they did abide by the order and they continued to abide by the order for the duration of the order. The Member chose not to do that, chose not to abide by the order, chose to return and chose to stay returned even after she had been asked to leave. And she blames that on her emotional state. But, Mr. Speaker, again, that was no different from any of my constituents who went through very difficult circumstances for the entire duration of time.
Mr. Speaker, meanwhile, we are elected leaders. And leadership is uncomfortable, and it requires sacrifice. Mr. Speaker, I accept the Commissioner's recommendation, and I'll be accepting this motion. Thank you.
Thank you, Member for Yellowknife South. The motion is in order. To the motion. Member for Frame Lake.
Merci, Monsieur le President. I request a recorded vote.
Thank you, Member for Frame Lake. Member for Nunakput.
Thank you, Mr. Speaker. Just listen to all the comments said here today. Like, mental health issues in regards to that, the stress and duress that Member's under. She's been through a lot. For myself, I do accept the Integrity Commissioner's report and as is rules, I do I have no choice but to support it. But at the end of the day, this is a question I have is the time that it went in, the first complaint, second complaint with the fires and not staying. It's just like for myself, you know, she's not here to defend herself and that and everybody wants to take shots. She's here. But at the end of the day, we're wasting the House time. I'm wasting the House time right now. Let's just put it to the vote, and we go from there. Thank you, Mr. Speaker.
Thank you, Member for Nunakput. The motion is in order. To the motion. Member for Monfwi.
Okay, I support this motion too. I just want, you know, to close this and move forward. And I know that, Mr. Speaker, there was a process in place, and I know there was a lot of people that were stressed from the fire and, you know, like when I mentioned earlier, there was three people that were affected by the whole forest fires that was took place for about three weeks, or two months for some, the business people, people left behind, and the most vulnerable. So I know that had a lot of impact on us, the one that were left behind, the one that were abandoned. So there was a process in place; I know that, I understand that. But only after the MLA for Great Slave start inquiring, then the policy was changed. It was strengthened. There was a loophole, and she used that. I know that for a fact. So I will support this motion and get it over and done and just move on. Thank you.
Thank you, Member for Monfwi. The motion is in order. To the motion.
Question.