Testart defends ‘rhetorical flourishes’ after minister’s complaint

The NWT’s finance minister has asked the speaker to intervene over a Kieron Testart Facebook post that the premier said was part of a “campaign of intimidation.”

After Testart and seven other MLAs were voted down in an attempt to cut funding for the Department of Education, Culture and Employment on Wednesday, the Range Lake MLA wrote: “The 2025 budget is on rails.”

He added: “As long as cabinet has their supporters in line, the entire process is little more than accountability theatre while backroom deals are being made.”

Two regular MLAs, Julian Morse and Shauna Morgan, had voted with cabinet to defeat Wednesday’s motion. Testart’s post that evening received three shares and a handful of comments.

In the legislature on Thursday, finance minister Caroline Wawzonek said Testart’s post implied that “the vote on the motion was the result of backroom deals and that the advancement of discussions about the operating budget is merely a theatre.”

“This post, in my view, puts a chill on all relationships as elected officials and on our ability to communicate one-on-one,” Wawzonek told Speaker of the House Shane Thompson as she rose on a point of privilege – essentially, a complaint about proper procedure and treatment – at the start of Thursday afternoon’s debate in the House.

“Bluntly, this social media post creates a threat that if MLAs do not vote with certain other MLAs, or if they choose to speak directly to cabinet members, there may be accusations on some type of social media,” Wawzonek said.

“Ministers must be able to check in with MLAs informally to get a frank reaction or to hear in detail when an issue impacts their riding.

“This false assertion of backroom dealings or being a budget on rails threatens my ability to discharge my obligation as a minister and the function of this House. It impedes my ability to engage with MLAs freely so that we have a government with a meaningful legislative agenda and an operating budget that reflects the political priorities we set as an assembly.”

MLAs should ‘be able to take a loss’

Premier RJ Simpson, rising in support of Wawzonek, characterized Testart’s post as part of a broader effort to intimidate some regular MLAs.

“In this House, when we say things over and over and over again, that has an impact,” said Simpson.

“When statements are made about what cabinet can do, what cabinet can’t do, how they’re operating, how they’re not operating – and when those statements aren’t accurate – that has an impact on how people perceive things and how willing members are to have open conversations with cabinet.

“From this side of the floor, this post appears to be a continuation of the spreading of false information and a campaign of intimidation that I’ve witnessed here in this House and in this building.”

(Simpson later withdrew those remarks when Testart rose on a point of order of his own. Testart said legislature rules prevent MLAs “imputing false or hidden motives” to colleagues or accusing them of deliberate falsehood.)

Testart, Yellowknife Centre MLA Robert Hawkins and Tu Nedhé-Wiilideh MLA Richard Edjericon have recently tried to launch an “independent members’ caucus” that some of their colleagues have likened to an attempt at introducing elements of party politics, though Testart has objected to that suggestion.

So far, the appeal of such a caucus appears limited within the House. Five regular MLAs have said they do not intend to join it.

Morse is one of the five.

He rose on Thursday to note that, as one of the two MLAs who joined cabinet in Wednesday’s vote, he was “very clearly implicated” in Testart’s post.

“I’ve already spoken face to face with the member about this and raised my concerns about it, and that is how I prefer to address issues. I think it’s the respectful way to address issues,” Morse said.

“I don’t have backroom deals with cabinet. There are no current deals associated with the current budget that I’ve managed to negotiate, nor have I been doing those negotiations.”

Morse said his own attempts to make cuts to territorial budgets had also not received the votes to pass, as was the case with Wednesday’s attempt.

“When they didn’t [pass] I let it go and we moved on. I don’t make a point of shaming anyone for the votes that they made,” he said.

“You’re not going to win every single fight in politics. You’ve got to be able to take a loss sometimes.”

‘Not intimidation’

Testart, responding to Wawzonek’s point of privilege, said he had a right to freedom of speech.

He called parts of his post “rhetorical flourishes” and defended his use of the phrase “backroom deals,” suggesting that was a reasonable interpretation one MLA could have of the budgeting process even if others disagreed.

“We should be able to express ourselves within our own spaces, within our own platforms, within our own discussions, and that expression can include frustrations as well about process, criticisms of the transparency around process, and criticisms of the decisions made by members in the House,” Testart said.

“That’s not intimidation. That’s a reflection of the record of decisions that happen here and commentary on that. If it is inflammatory, that is something we can address. I would argue there are better ways to address it than the privileges of this House.”

Testart concluded: “To me, this appears that someone didn’t like something that was written on Facebook and is now rising on a point of privilege. I think that is not the correct way to use privilege.”

Hawkins, defending Testart, said he did not believe Wawzonek’s complaint “rises to the minimum of what should be considered a point of personal privilege.”

In particular, he suggested that Speaker Thompson’s domain did not stretch as far as Facebook and the speaker ought not to interfere with online commentary.

“Mr Speaker, your precinct, unfortunately and respectfully, ends at the door,” Hawkins said.

Thompson said he would return with a ruling some time in the next two days.