Jeff Colbourne
Northern News Services

NNSL (Aug 12/98) - Minister of Justice Goo Arlooktoo will not be making a judicial reference to the Supreme Court to get a ruling on the powers of conflict of interest commissioner Anne Crawford.

A reference would clarify whether or not Crawford has the authority to order counsel for witnesses in the public inquiry into the conflict of interest complaint against Premier Don Morin. If witnesses do not get legal counsel they may choose not to cooperate, holding up proceedings.

Robert Dunseith, a lawyer for the commissioner said he is disappointed the government said no to the request.

"It was our view that making a reference would make resolution of this legal issue of the commissioner's jurisdiction easier and it would help us get the inquiry on and completed sooner," said Dunseith.

"I would assume the government wants that, too, but maybe they have a different view of the best way to do it."

Commission counsel made the request to the minister of justice to assist in the resolution of the matter but Dunseith was advised last week that Arlooktoo did not intend to take it to court.

The funding issue began in March when Groenewegen wrote to the legislative assembly's management and services board requesting publicly funded counsel to guide her in the conflict case.

MSB denied funding then and has continued to do so despite an order from Crawford asking the board to foot Groenewegen's legal bills and the legal costs of other witnesses who request assistance.

The premier is the only person receiving publicly funded counsel from MSB in the inquiry.

Last week at a pre-hearing gathering in Yellowknife, Crawford again reiterated the need of publicly funded counsel for Groenewegen and others including Roland Bailey and Mike Mrdjenovich, who are both named in the complaint.

Since the GNWT is not willing to clarify Crawford's authority, Barry Chivers, Groenewegen's lawyer is making an application to the NWT Supreme Court to collect legal fees owed to him from past work for Groenewegen. At that time Crawford's powers will be decided.

"The matter will hopefully be set down for hearing in Supreme Court on the 24th of August," said Dunseith.

The conflict proceedings will continue with a tele-conference scheduled for 10 a.m. next Tuesday. The public, legal counsel and media will be accommodated for the conference at the legislative assembly's committee room A.

During the conference Crawford is expected to decide when the inquiry should begin.

It's difficult say when the inquiry will open or how long Chiver's case will go on in Supreme Court.

"We are going to do our utmost to expedite that. It would have probably been simpler, we think, if the government had ordered a reference on the issue but they chose not to do that," said Dunseith.