Conflict complaint exposes flaw in law
Richard Gleeson
Northern News Services
Yellowknife (Nov 27/00) - A conflict ruling against deputy premier Jane Groenewegen has exposed a gap in the territorial law.
Although conflict-of-interest commissioner Carol Roberts found Groenewegen did violate conflict law, she ruled the actions were not serious enough to warrant a public inquiry.
The Oct. 23 complaint centred on a Groenewegen's use of a vehicle owned by her family business. The Legislative Assembly and Executive Council Act requires members to distance themselves from their private business dealings.
"I leave it to the assembly to determine what sanction, if any, it wishes to apply to the member," wrote Roberts in her report on the complaint.
She was unable to do more since the conflict of interest law leaves the commissioner with only two choices once a complaint is investigated -- call a pubic inquiry or not.
Roberts said she would have preferred to have another option, one an April 1999 report on NWT conflict of interest law recommended be included in the law.
The report recommended the commissioner be able to recommend sanctions ranging from a reprimand to a $10,000 fine. In all conflict of interest cases, the legislative assembly has the final say.
"Had I had that third option I could have made recommendations as to sanctions," Roberts said last Friday. "In this case I can't do that."
The MLA who raised the conflict, Michael Miltenberger (Thebacha) shares Roberts' concern, but said if the commissioner can't act, the Premier should.
"It would seem to me that given the leader of the government's second in command has been found guilty of breaking the law, he would want to demonstrate positive leadership here," Miltenberger said.
The Thebacha MLA drew a comparison between the way this complaint is being dealt with and the way the last government dealt with a complaint, filed by Groenewegen, that led to the resignation of Premier Don Morin.
That resignation was the result of a cabinet decision, said Miltenberger, and the current cabinet should be showing the same leadership.
"I think people are watching with interest what kind of standards we're holding ourselves to as a government."
A cabinet spokesperson said Premier Stephen Kakfwi will not be commenting on the complaint prior to discussion of it by the legislative assembly.
