Arthur Milnes
Northern News Services

NNSL (Jan 25/99) - Though NWT Supreme Court Justice John Vertes' ruling affirms the rights of the legislative assembly to discipline MLAs as the body sees fit, he also says he believes the conflict of interest inquiry process against former premier Don Morin is not yet complete.

"The debate (on Crawford's report) in the assembly satisfied the requirement to consider the report," Vertes wrote. "The resolution (passed by MLAs in December) in the assembly, however, merely adopted the commissioner's recommendations. To adopt them is not, in my opinion, the same thing as ordering the imposition of punishment."

"...So it seems to me there is one further step for the assembly to take before one can truly say that the process is complete. That step is the actual imposition of the punishment, in this case, the delivery of the reprimand in the assembly."

Vertes does say, however, the adoption of Crawford's report by MLAs might still be good parliamentary practice.

Assembly clerk David Hamilton said MLAs appear to disagree with Vertes over the punishment issue.

"The view of the assembly, obviously, is that he (Morin) has been punished," he said last Tuesday from Iqaluit. "Don Morin has been reprimanded and the house adopted the report. That is the sanction in procedural eyes."

Conflict of Interest Commissioner Anne Crawford was also asked about her views on punishment for Morin in light of Vertes' ruling.

"That really is up to the assembly," she said. "It is up to them if they want to listen to that opinion by a judge."

From Edmonton, Roderick Payne, Morin's lawyer, said no decision has yet been made about a possible appeal of Vertes' decision.

"We're in the process of considering that," he said, adding he expected to talk to his client in the coming days.

Morin could not be reached for comment.

Lawyers for Roland Bailey and Mike Mrdjenovich, argued parliamentary privilege did not extend to Crawford. They also said their clients, who were discussed in the conflict report but who could not address MLAs like Morin in their own defence, could not be reached for comment about any possible appeal plans.

Hamilton made it clear the assembly's management and services board, made up of MLAs, is not funding this portion of the former premier's legal costs. That ended the moment Crawford's report was received by the speaker, he said.