Nunavut MLAs go DIY, slap Schell with $1,000 fine

South Baffin MLA Fred Schell, who now serves as human resources minister, being sworn into cabinet Sept. 30. It’s not clear how many MLAs knew of his ethics transgression on Sept. 28, when they chose to elect him to cabinet. (FILE PHOTO)

Citing the cherished principle of parliamentary free speech, Nunavut MLAs rejected Integrity Commissioner Norman Pickell’s report on South Baffin MLA Fred Schell Oct. 31, but instead imposed their own sanction by slapping their errant colleague with a $1,000 fine.

Pickell, in a report made public Oct. 18, found Schell, who now serves as human resources minister, violated the Nunavut Integrity Act in June 2009, when he tried to influence a GN civil servant, in an email, to make a decision that would have benefitted Polar Supplies Ltd., a Cape Dorset firm that Schell owns entirely.

Pickell rejected three other allegations, all made this past June by Janet Slaughter, the deputy minister of justice.

MLAs strongly objected to one of those allegations, that Schell violated the Integrity Act by asking a question in the house about the Nunavut Housing Corp., which has some involvement in legal disputes between Polar Supplies and the Hamlet of Cape Dorset that are still before the courts.

That’s because MLAs believe no one has the right to interfere with the freedom of speech that MLAs enjoy in the assembly, and that only the assembly, acting collectively, may impose limits on that privilege.

“As a legislative assembly, we have concluded that the freedom of speech enjoyed by all members by virtue of their parliamentary privilege is paramount,” Quttiktuq MLA Ron Elliott said.

“These institutions [legislatures and courts] enjoy the protection of absolute privilege because of the overriding need to ensure that the truth can be told, that any questions can be asked, and that debate can be free and uninhibited,” Elliott said.

Elliott, with Hudson Bay MLA Alan Rumbolt seconding, moved and defended the motion to reject Pickell’s report.

Soon after, Elliott rose to make a second motion censuring Schell’s actions and imposing a $1,000 fine.

“This motion addresses parliamentary privilege in relation to the powers of this house to discipline its own members when they fail to live up to their solemn responsibilities,” Elliott said.

The fine that MLAs imposed on Schell is double the amount recommended by Pickell, who proposed a $500 fine in his report.

At the same time, Schell rose to apologize for his ethics transgression.

“Mr. Speaker, my actions were inconsistent with my responsibility to arrange my private affairs in a manner that promotes public trust and confidence. I apologize for these actions,” Schell said.

Schell’s 100-per-cent interest in Polar Supplies Ltd. now lies within a blind trust, which began Jan. 1, 2010.

This means he is no longer allowed to acquire information about his business or influence its management. Garth Wallbridge of Yellowknife is the trustee in charge of the business and Cheryl Constantineau of Cape Dorset is the operating manager.

The blind trust was not in effect in 2009, when Schell did and said most of the things cited in Slaughter’s complaint to the integrity commissioner.

Polar Supplies Ltd.’s lawsuits against the Hamlet of Cape Dorset, and others, were filed in 2010, after Schell’s blind trust arrangment came into effect. Those matters still sit within the Nunavut court system.