N.W.T. boosts integrity commissioner's powers; hopes move could prevent costly inquiries

The N.W.T. Legislative Assembly has changed the way it handles complaints against its members. 

The new process gives the integrity commissioner more tools, and brings the Northwest Territories into line with legislation already in place in much of the country. 

The change comes from an amendment to the Legislative Assembly and Executive Council Act. 

Before the amendment, a complaint against an MLA would go to the integrity commissioner who could then dismiss the complaint if it was deemed unfounded or frivolous.

If the commissioner didn't dismiss the complaint, it would have to go to a sole adjudicator. 

The new process gives the integrity commissioner authority to investigate complaints directly and recommend punishments if necessary. It also allows the commissioner the power to recommend "alternative dispute resolution," meaning mediation. 

Nicole Bonnell, spokesperson for the N.W.T. Legislative Assembly, said that option would most likely be used to deal with complaints between members. Bonnell suggested mediation might be recommended for allegations of harassment, for example. 

The integrity commissioner can still escalate the dispute to an investigation or to a sole adjudicator if mediation doesn't resolve the dispute. 

Changes follow costly inquiry

David Phillip Jones is the territory's integrity commissioner. He said the change brings N.W.T. legislation in line with other other jurisdictions in Canada that allow their integrity commissioners to investigate complaints.

The changes follow an inquiry into former MLA Steve Norn's conduct that took place in October 2021. 

Norn was ultimately removed from his seat for breaching the MLA code of conduct and misleading the public about it when he broke mandatory COVID-19 isolation measures. That expulsion stemmed from a complaint against Norn that led to an inquiry with a sole adjudicator. 

The inquiry cost taxpayers more than $800,000 and spanned over a month due to a COVID-related delay in proceedings. 

There have been three complaints against members filed in this assembly.

In addition to Norn's, one complaint was filed against Nunakput MLA Jackie Jacobson for an alleged conflict of interest. Another was filed against Premier Caroline Cochrane and Infrastructure Minister Diane Archie for alleged breach of the code of conduct. Jones dismissed both complaints.    

Another 2009 inquiry into former Premier Floyd Roland cost $201,500 of public money. 

After the 2021 inquiry into Norn's conduct, the assembly reviewed the integrity complaint process. These changes are a result of that review. 

Rylund Johnson, MLA for Yellowknife North, said the new legislation provides necessary "middle ground" for managing complaints. 

He referred to the 2021 inquiry as "extremely lengthy," involving "far too many lawyers," and "extremely costly."

Johnson said while it's "hard to look in hindsight," the assembly felt the integrity commissioner "needs some more tools to do his job."

"None of us going in, and even I don't think the last assembly, quite understood the extent of what a public inquiry entailed."

The amendments to the Legislative Assembly and Executive Council Act received assent from commissioner Margaret Thom on Nov. 3. The changes to how the integrity commissioner manages complaints came into effect immediately. 

Other amendments to the act will start at the beginning of the next legislative assembly. 

Those changes include additional training for new incoming MLAs, changing the name of the Deh Cho riding to Dehcho and a $4,000 pay cut for MLAs that can be earned back by serving as a minister, premier or by sitting on committees.