Deh Cho MLA faces assault charge
Michael Nadli taken into custody over Easter weekend in Fort Providence
Andrew Livingstone
Northern News Services
Thursday, April 9, 2015
DEH GAH GOT'IE KOE/FORT PROVIDENCE
Deh Cho MLA Michael Nadli is facing a charge of assault causing bodily harm after an incident over Easter weekend in Fort Providence.
Michael Nadli: Deh Cho MLA is facing a charge of assault causing bodily harm after an incident in Fort Providence sent one person to the local health centre. - NNSL file photo
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According to an RCMP news release, police responded to a call in the community Sunday afternoon, where they transported a victim to the health centre with non-life-threatening injuries. Nadli was not at the residence but turned himself in to police a short time later. He appeared before a Justice of the Peace and was taken into custody.
None of these allegations have been proven in court.
Legislative assembly clerk Tim Mercer said he couldn't comment specifically on Nadli's charges as they are of a personal nature, however, he did speak hypothetically to what could happen in the event an MLA is convicted of a crime.
Until this happens the legislative assembly isn't required to take any steps, said Mercer. Like in any matter involving the courts a person is considered innocent until proven guilty, even if the person spends time in custody waiting for a court date.
However, if a conviction takes place and there is a period of imprisonment as a result of that conviction, the MLA's seat would be declared vacant.
"If it's a matter serious enough for imprisonment, the seat would be vacant," Mercer said, adding if no jail time is handed down in a conviction, the MLA could keep his or her seat.
Under the Legislative Assembly and Executive Council Act, if current members of the legislative assembly are convicted of a crime, they are considered ineligible to keep their seat based on the Elections and Plebiscites Act.
This act states no person can run for election if they are incarcerated during the time they hold a seat in the legislative assembly.
While the legislative assembly has provisions under the Legislative Assembly and Executive Council Act to handle a member being convicted of a crime, Mercer said the elected members of the legislative assembly have the power to remove a sitting member.
"The legislative assembly can suspend or expel a member," said Mercer. "Legislatures have the power to expel or suspend a member through a motion on the floor during the sitting."
He added vacancies can also take place by way of a member's resignation.
If a seat were to become vacant, Mercer said a by-election may be required. If a seat becomes vacant six months prior to the dissolution of a sitting government, a by-election is required by law, he said.
"A writ of election would have to be called," he said.
The legislative assembly is scheduled to be dissolved Oct. 26, meaning the six-month cut off to avoid a by-election would be April 26. Multiple calls to Nadli were not returned by press time.
He was in custody as of press time and was scheduled for a court appearance in Yellowknife territorial court April 8.
