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Preliminary hearing set for inquiry

Herb Mathisen
Northern News Services
Published Friday, June 26, 2009

SOMBA K'E/YELLOWKNIFE - A public preliminary hearing to be held in Yellowknife on July 16 will determine the format of Premier Floyd Roland's conflict of interest inquiry.

NNSL Photo/Graphic
Premier Roland

Glenn Tait, counsel for Justice Ted Hughes - the inquiry's sole adjudicator - said the hearing will determine the inquiry's starting date, along with the parties allowed to make submissions and who can call and cross-examine witnesses.

"Right now, the people who would automatically have standing would be the six MLAs, and Mr. Roland," said Tait, referring to the six regular MLAs who filed the complaint.

The hearing will also determine whether the inquiry will be held in private or public.

Hughes was appointed the inquiry's sole adjudicator by the legislative assembly after the NWT Conflict of Interest Commissioner, Gerard Gerrand, called for one following his investigation into Roland's affair.

On May 25, Gerrand ruled there were "reasonable grounds to believe that Premier Roland failed to perform his duties of office and arrange his private affairs ... as to maintain the public confidence and trust in the integrity, objectivity and impartiality of Premier Roland."

The complaint to Gerrand came from six regular MLAs who took issue with Roland keeping secret an intimate relationship with a clerk of the legislative assembly for months. The clerk, Patricia Russell, sat in on meetings attended by regular MLAs only. Some MLAs stated they believed their confidentiality was compromised.

According to the inquiry's terms of reference, Hughes will examine whether Roland failed to perform his duties of office by not disclosing the affair immediately.

Roland and Russell currently share an apartment in Yellowknife. Hughes was out of the country on a cruise this week and could not be reached for comment.

Speaker Paul Delorey said he heard a preliminary discussion had already been held over the phone, which included all the parties involved. He said he did not know whether Hughes was planning to hold the inquiry in public or private.

Delorey said Hughes indicated he wanted to have the inquiry wrapped up "sometime in August."

Hughes will decide whether to dismiss the complaint or make recommendations to the legislative assembly on punishments should he find Roland was in conflict of interest. MLAs would then vote in the legislative assembly to adopt or drop the sanctions.

Anyone intending to appear at the preliminary hearing must contact Tait by July 9. The hearing will be held July 16, at 9:30 a.m. in the Copper Room of the Yellowknife Inn.