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Politicians to be penalized if caught possessing booze
Whati bylaw punishes councillors who break community's no-alcohol rule

Kassina Ryder
Northern News Services
Published Monday, December 10, 2012

WHATI/LAC LA MARTE
Elected officials in Whati will face disciplinary action if they get caught with alcohol in the dry community, says the chief.

Alfonz Nitsiza said council passed the Councillors Conduct Bylaw on Dec. 3, enabling the First Nation to punish council members or the chief if they break the community's liquor prohibition rules.

The Councillors Conduct Bylaw states that if caught with alcohol or illegal substances, councillors can be removed from committees, denied approval to travel out of town on municipal business and have their monthly honourariums suspended.

Penalties can be imposed for one month or until the end of the offender's term of office.

It is believed to be the first bylaw of its kind in the territory.

Nitsiza said while there haven't been any problems with existing council members breaking the rules, council is taking a proactive approach.

"The whole idea of doing this is being a self-governing organization where you discipline one another," the chief said.

He said elected officials are seen as role models and it's important residents - especially youth - know they are following the community's rules.

"If they see that some leaders have or are involved in drinking and they think that's OK to do that, they grow up like that and they think it's OK," Nitsiza said.

"That's why it's important that leaders are good examples for the youth."

Council members are still free to drink in communities where alcohol is allowed, such as Yellowknife.

Whati, which has a population of close to 500 people, has six councillors filling eight council seats.

Councillors are usually paid $600 to $800 monthly to attend council meetings, according to Larry Baran, Whati's senior administrative officer.

There was a lot of community discussion about the topic before council approved the bylaw, Baran said.

"There is a very high expectation from residents about how council should be examples in the community," he said. "There is the impression they have authority over the community. It's counterproductive for chief and council to say one thing and do something else."

Baran said in order for a councillor to be disciplined, incidents must be filed in writing within 30 days. A special meeting of council would then be called, which is public, and councillors and the chief discuss the issue with the councillor.

Disciplinary action depends on the severity of the incident. Baran said there is no provision within the Tlicho Community Government Act to remove councillors from their positions.

He said the Department of Municipal and Community Affairs and lawyers reviewed the bylaw before it was passed.

Nitsiza said elders have historically considered elected officials abstaining from alcohol a top priority and made sure prohibition was enforced.

"In a smaller community, especially elders in those days were very forceful, they said you cannot drink while you are on council," Nitsiza said. "If they hear about or see you drinking, they would talk to you about it in the next meeting."

The new bylaw simply puts that idea into a legal format, the chief said.

He said to him, the rules are clear.

"Being involved in leadership requires sobriety," he said. "It just all makes sense."

From a criminal standpoint, anyone caught with alcohol in Whati can face a fine of close to $550 and will appear before a justice of the peace, said Cpl. Nick Armstrong of the Whati RCMP.

However, not every person caught in possession of alcohol or drugs is necessarily charged. "Circumstances would dictate how we would proceed," Armstrong said.

"If we became aware of an investigation that involved one of the councillors, we would be in touch with the chief and the SAO to advise them of our investigation. Once ours was complete, they can do what they'd like to do. If it was a minor liquor possession, we may defer to the council to deal with them on a community level versus a fine level, which would require them to go to court."

- with files fromLaura Busch

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