Richard Gleeson
Northern News Services

Yellowknife (Sep 19/01) - Less than an hour into its first day of hearings, the work of the conflict committee has spilled over into the courts.

Defiant CBC reporter Lee Selleck is refusing to testify before the conflict committee.

A lawyer representing CBC reporter Lee Selleck informed the committee he will challenge in the Supreme Court of the NWT the committee's authority to compel Selleck to testify.

The only words Selleck uttered in the full committee room Tuesday morning were: "Before being sworn in, I object to answer all questions until our legal rights on this matter are resolved."

Selleck broke the story that led to a conflict-of-interest investigation of Health and Social Services Minister Jane Groenewegen.

The committee of MLAs that summoned Selleck was appointed to investigate an unprecedented allegation of bias Groenewegen levelled against conflict commissioner Carol Roberts.

Lawyers for both Roberts and Groenewegen, two of roughly 10 in the room at the start of the day's proceedings, agreed Selleck's testimony is crucial to determining the merit of the bias complaint and whether, as Groenewegen has alleged, the commissioner misled the committee.

Selleck's testimony was requested by committee member and Weledeh MLA Joe Handley.

Representing both Selleck and the CBC, James Brydon argued Selleck has no relevant information to offer and that the summons issued violates the Canadian Charter of Rights and Freedoms.

After some vacillation, CBC North ordered Selleck not to speak publicly about his refusal to testify.

"Our credibility really rests on the fact that people will talk to us," said CBC North chief journalist Mike Linder.

"The more that people try and take advantage of our reporters, of our notebooks, of the tapes we make, and use them for purposes other than ours, they fundamentally weaken what we're able to do."

Law clerk Katherine Peterson told Selleck during his brief appearance he would be subject to whatever punishment the legislative assembly decides is appropriate.

Legislative assembly clerk David Hamilton said the supremacy of the legislature in such cases is well established, part of the same parliamentary privilege that provides members with immunity in civil litigation for what they say in the assembly chamber.

"In most jurisdictions, the legislature is a law unto itself," said Hamilton.

Groenewegen alleges that before a March 15 interview with the commissioner, Selleck informed Roberts that Groenewegen, in violation of conflict-of-interest law, was listed as a director of two companies in which she has a financial interest.

Roberts has said that, while Selleck may have intimated by his questions he believed the minister was violating conflict law, he made no mention of her being listed as a director.

The Hay River MLA is claiming that Roberts raised "reasonable apprehensions of bias" by agreeing to do the interview, knowing it targeted Groenewegen, and by not informing the minister of the infraction.