Assembly refuses to answer to human rights complaint
Seat of NWT government points to 'parliamentary privilege' in investigation over lack of wheelchair-accessible doors in building
Cody Punter
Northern News Services
Published Wednesday, May 14, 2014
SOMBA K'E/YELLOWKNIFE
The legislative assembly is invoking "parliamentary privilege" in declining to co-operate with a human rights investigation into the lack of wheelchair-accessible doors in its building.
The legislative assembly is refusing to answer to a complaint filed with the NWT Human Rights Commission a quasi-judicial body established by the legislative assembly about the lack of wheelchair-accessible doors in the building. - NNSL file photo |
Elizabeth Portman, who suffers from multiple sclerosis, filed a human rights complaint against the assembly late last year after repeated pleas for a more disabilities-friendly building were ignored.
Among Portman's complaints is that glass doorways to the building's elevator heading to the gallery upstairs are too heavy. As well, the doors to the washrooms, which even though are marked as accessible for people with disabilities, lack automatic opening devices.
Her frustration ultimately culminated in an "undignified" incident in which she got stuck on a toilet at the legislative assembly last November.
Last week, Portman received a letter from NWT human rights commissioner Deborah McLeod explaining how the rights commission intends to continue pursuing her complaint even though legislative assembly clerk Colette Langlois informed the commission in a Feb. 28 letter that the assembly's "parliamentary privilege" negates the commission's power to investigate it.
"It is a well established privilege of legislatures to control access to parliamentary precinct and to have complete autonomy over the internal operations of the assembly free from interference from outside bodies," Langlois wrote.
"Parliamentary privilege applies in this case and as such the director of human rights does not have jurisdiction to investigate this complaint nor to compel the assembly to respond to the allegations."
The director of the NWT Human Rights Commission is responsible for determining whether there are grounds for complaints to proceed and does not usually comment on them publicly. However, in her letter, McLeod insists the commission does have authority to investigate complaints about the legislative assembly's facilities.
"Parliamentary privilege does not extend to everything the legislative assembly might do," wrote McLeod.
Portman said she is appalled by the arrogance shown in the legislative assembly's insistence that it doesn't have to answer to the human rights commission - a quasi-judicial body established by the legislative assembly in 2004 to hear discrimination complaints from the public in areas such as housing, employment and education.
"It doesn't matter what they do because they've set a bad example," said Portman.
"It shouldn't be my responsibility, and it shouldn't be other people's responsibility to go through the human rights complaint process."
Portman expressed concerns about the NWT Human Rights Commission's ability to properly investigate her complaint, noting that the legislative assembly controls its purse strings and appoints its members. But McLeod dismissed her concerns, arguing the commission is independent and "at arms length of the legislative assembly."
Denise McKee, executive director of the NWT Disabilities Council, said she has received one complaint about doors being too heavy at the legislative assembly, but the complainant didn't ask for any action to be taken so it wasn't pursued.
"We recognize it's a difficulty," she said.
Legislative Assembly Speaker Jackie Jacobson, who is the ultimate authority on all legislative assembly matters, said he is unable to comment on Portman's case as it is a legal matter.
He did offer assurances, however, that the assembly's board of management is currently "working to make the assembly more accessible to people with disabilities."
He said the management board - which includes Justice Minister David Ramsay, Education Minister Jackson Lafferty, Hay River North MLA Robert Bouchard and Mackenzie Delta MLA Frederick Blake Jr. - submitted a plan for several building upgrades, including automatic door openers. The board is now waiting to hear back on how much those upgrades will cost, he said.
Once those costs have been calculated, the board will then submit its plan to be reviewed by the legislative assembly during its June sitting.
"It is the people's building," said Jacobson. "We will make it accessible."
