A pair of politically tuned-in Yellowknifers differ on what’s happening at the NWT legislature, but agree it’s taking the GNWT into uncharted waters.
Kieron Testart, former MLA for Kam Lake said not enough reasoning has been provided by Premier Caroline Cochrane on her firing of Great Slave MLA Katrina Nokleby as minister of infrastructure and minister of industry, tourism and investment Wednesday.
Testart, who lost his seat in the legislature to Caitlin Cleveland in last year’s election, said the move has triggered an unprecedented, constitutional crisis' for consensus government. He said he sees a government "coming apart at the seams."
"Essentially if the premier is of the belief that the minister can no longer perform then she should be willing to explain that to her constituents and the people of the NWT," Testart said.
"This obsession with secrecy and the protecting of personal feelings of MLAs has to stop."
Cochrane issued a video statement late Friday explaining her decision but added that much of the detail remains confidential because Nokleby's actions occurred in meetings where members were sworn to secrecy.
Testart said he sees this as an ongoing pattern by the government of increasing centralization in the premier's office, which leaves Northerners speculating on issues of public concern.
He said this was especially the case following May's non-confidence motion against Nokleby by regular MLAs which was later rescinded without explanation.
"The circumstances are identical in that we don't know why (Nokleby's revocation) is being done. We just know what is being done."
Testart said that more information is required on the meeting that took place between Cochrane and Nokleby following May's non-confidence motion which laid out a "collective commitment" by the minister and the premier to the House to improve professionalism and better personal behaviour.
Residents should know who attended that meeting, what Nokleby and Cochrane agreed upon and how long that was supposed to take.
Open NWT
Entrepreneur David Wasylciw, who ran in Frame Lake in 2015, is the founder of Open NWT, which works to make government data more accessible, often using information technology.
He said he understands that some are calling for more details, but compared to how much Cabinets have revealed information on shuffles in the past, he has been impressed with the amount of transparency this week.
"I was surprised at first that the situation came to that much of a head, but after reading the statements and reasons given, I appreciated the attempt at accountability for this," Wasyliciw said.
He said he was satisfied with Cochrane's explanation that after May's non-confidence rescinded motion, Nokleby had not lived up to expectations agreed upon.
"You don't often see the cabinet holding itself this accountable," he said. "Shuffles happen all the time and never get explained. It would be nice to know more but at this point we are already hearing more than we normally hear."
He said it is important to remember that there has been a high turnover of MLAs with no governing experience compounded by a global pandemic.
Next week's legislative session
On, Aug. 21 the Office of the Speaker of the Legislative Assembly announced that an emergency session would be held next week from Monday, Aug. 24 to Thursday, Aug. 27.
"What we are walking into is a constitutional crisis in the Northwest Territories because the way consensus government works is that ministers are individually accountable to the legislature, not to the premier," he said.
"The premier is responsible for managing the team of cabinet much like a coach, if you were to use a sport analogy. Legislators are the owners and the premier is coach of the team."
Testart said it is important to note that Nokleby has not resigned as minister.
In legislatures in other jurisdictions where the Cabinet serves at the pleasure of the prime minister or premier, a minister can be removed. In consensus government Nokleby could remain a minister with no portfolio if she gets enough votes to tie or defeat a non-confidence motion in the legislature, he said.
Cochrane would be in a position of either having to give the portfolios back to Nokleby or overseeing a divisive Cabinet with a 'spite' minister enjoying all the ministerial benefits with no assigned role, he said.
"There are no triggers (of government dissolution) built into the consensus system, but if the House rebukes the premier and keeps the minister, that is the House showing no confidence in you," Testart said. "It puts it on Premier Cochrane to resign or for the House to remove her as premier."
Wasylciw agreed that it would be "quite a strange situation" if MLAs decided not to revoke Nokleby's appointment. And if they do, there’s nothing stopping Nokleby from running again at the territorial leadership committee meeting that would immediately follow the vote to remove her.
