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Cabinet has final say on devolution Today's MLA vote on resource deal is not legally binding, says premier's office
Laura Busch
Northern News Services
Published Wednesday, June 5, 2013
SOMBA K'E/YELLOWKNIFE
Regardless of the results of today's devolution vote in the legislative assembly ,it will be up to cabinet not MLAs to approve the deal, Yellowknifer has learned.
The legislative assembly is scheduled to debate the proposed deal and vote on a motion presented by Premier Bob McLeod today. However, the motion is not legally binding, said staff at the premier's office Tuesday.
Tim Mercer, clerk of the legislative assembly, confirmed today's vote is not legally binding, and only the premier and cabinet can approve the devolution deal over NWT lands and resources even though McLeod had previously indicated the decision would be made by MLAs.
"This is a political statement from the legislature supporting the signing of the agreement," said Mercer, when asked to explain the effects of the motion. "Unless they're giving orders to the (legislative assembly) itself, they're not binding."
On March 11, McLeod said a motion in the assembly would be a "yes or no" vote "if members wish" when he was asked by Yellowknife Centre MLA Robert Hawkins to explain his intentions for a motion in the assembly.
McLeod repeated this commitment yesterday in a written response to Yellowknifer, even though an MLA vote against devolution cannot prevent him from approving the agreement.
When asked for her impression on the motion, Frame Lake MLA Wendy Bisaro said, "it's not definitive. But am I surprised (that it's not binding)? No, not really.
"I think there's still a certain segment of the population who are going to feel very much left out because they haven't had an opportunity to personally express their voice one way or another," she said.
"However, by and large, I think most people's concerns will be represented. I think the debate (today) could be quite interesting."
On March 14, the final day of the last session, Weledeh MLA Bob Bromley brought forward a motion to put the terms of the proposed deal to a plebiscite, a motion MLAs rejected with 14 votes against to two votes in favour.
At that time, McLeod gave his reasons why he directed cabinet to vote down a public vote.
"Most importantly and most uniquely, this devolution agreement will be put before this assembly where the elected representatives of all the residents of the Northwest Territories will be asked to consider and approve it," he said.
Bromley told Yellowknifer yesterday he is under the impression the premier will use the results of today's vote to inform his final decision on approving the devolution deal.
"My impression is that the premier was going to take it as a directive," he said. "I would think if our premier were to go against the direction of the house in this case, he might lose the confidence of the house."
Cabinet also needs the support of the legislature to pass laws mirroring federal legislation that is required before the transfer of power is complete, said Mercer.
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