Judges should have role in conflict process
Roy Erasmus will make recommendation

Arthur Milnes
Northern News Services

NNSL (Feb 05/99) - Yellowknife North MLA Roy Erasmus says MLAs should be allowed to appeal to the courts if they feel the conflict of interest process violates their legal rights.

"People do not lose their constitutional rights when they become MLAs," he said in a statement this week. "If an MLA is concerned that his or her conflict inquiry was not done according to the rules set out, he or she should be able to have the courts review the process just as any other citizen in this country."

Last December, former premier Don Morin's lawyers made a similar argument before NWT Supreme Court Justice John Vertes. They asked Vertes to examine the role and activities of Conflict of Interest Commissioner Anne Crawford in investigating Morin and said she was biased.

On Jan. 15, Vertes rejected this argument and said the Conflict of Interest Commissioner was a creature of the legislature and her rulings could not be judged by a court because of parliamentary privilege.

Erasmus says he disagrees with the Vertes' decision.

"There is no way that parliamentary privilege could extend to a Conflict of Interest Commissioner's report or inquiry," he said. "...I don't want to hear of a Conflict of Interest Commissioner not having enough confidence in her own work that he or she hides behind parliamentary privilege."

Crawford could not be reached for comment.

Erasmus says Crawford's lawyers were the only ones involved in the Morin case who were against having the process reviewed by Vertes.

Though the MLA says he agrees with Vertes that parliamentary privilege gives the power to discipline members to the legislative assembly, he also says legislators need to be assured the reports they use in disciplining other MLAs, and the processes involved, are completed in a fair manner.

Though lawmakers, Erasmus says MLAs are not trained to decide whether a conflict report has been conducted properly.

Erasmus will be recommending to the three-person panel now reviewing territorial conflict rules that a section allow a judge's review be added.

The panel will be reporting in April.