MLAs vote to examine tightening their social media rules

Territorial politicians have ordered a committee to explore whether the NWT MLAs’ code of conduct should be updated to address “statements made online.”

By nine votes to four, MLAs voted on Tuesday to explore the issue of what they should and shouldn’t say on social media in more detail.

The existing code of conduct governs what MLAs can say in the House, where Speaker Shane Thompson is in charge of enforcing it, but does not expressly address social media or how MLAs communicate online.

In February, finance minister Caroline Wawzonek asked Thompson 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 some GNWT funding, the Range Lake MLA wrote online: “As long as cabinet has their supporters in line, the entire process is little more than accountability theatre while backroom deals are being made.”

The post received little notice from the public but Wawzonek argued it created “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.”

Thompson decided the post did not rise to the level where his intervention was required, though he said Facebook posts and other statements outside the legislature “easily could” result in action being taken.

“There can be real consequences to words spoken or typed outside these proceedings,” he told MLAs at the time.

This week, Great Slave MLA Kate Reid introduced a motion targeted at “public statements made online” by MLAs that she said could be seen to erode “trust and confidence in the Legislative Assembly and its members.”

She proposed, seconded by Wawzonek, that a committee of five MLAs examine whether the code of conduct “requires any amendments or updates regarding statements made online by Members of the Legislative Assembly.”

Cabinet had a free vote on the issue. In all, 14 MLAs voted – seven to back Reid and Wawzonek, four to oppose the idea and one to abstain.

‘Pungent’ atmosphere

The debate appeared to leave many things unsaid, in part because of the very rules MLAs must follow in the House – and need not follow elsewhere.

No specific examples of concerning social media posts were shared or discussed. Many MLAs spoke in general terms about freedom of speech and standards of behaviour. (The rules of the House mostly prevent MLAs from directly confronting the perceived transgressions of colleagues during debates like this one.)

While a few MLAs spoke at length, others only briefly commented.

The backdrop to the debate – a minister leaving the chamber in tears last week, points of order on a fairly routine basis in the House, attempts to form a quasi-party among regular MLAs – was barely mentioned.

Environment and justice minister Jay Macdonald came closest to addressing the broader atmosphere of the House, which another MLA last week privately described as “pungent.”

“How did we get here and why are we having this actual conversation?” Macdonald asked.

“Maybe a little bit of inner reflection” was required from MLAs, he said, “to look at the situation that created the need to bring this to the floor.”

Premier RJ Simpson described the world entering a “post-truth era … where truth is beginning to take a backseat to emotion and to people’s personal beliefs.”

“There’s frankly too much nonsense out there. There’s too many comments that are made outside of this House that everyone knows definitely can’t be made inside this House. But they have the same effect,” Simpson continued.

“Because of social media, actions outside of this House have a far greater reach than the actions inside this House. And so I think it’s worthwhile for us to at least begin to look into this, because we could be heading down the path of the United States.”

Lesa Semmler, the health minister, said the existing code of conduct “may not fully meet the public’s expectation in this digital age where words can spread quickly and cause significant harm.”

Six of the seven cabinet members backed the motion. Hay River South’s Vince McKay, the communities and infrastructure minister, abstained.

‘Trying to sanitize political speech’

On the other side of the House, Inuvik Boot Lake’s Denny Rodgers said he was “not convinced” and Sahtu MLA Danny McNeely said he did not “really see the validity” in the motion, but both said they would happily advance the motion to give a committee the task of scrutinizing the issue.

The motion only moved the topic to the committee and did not involve further action. The committee features Rodgers, Reid, McKay, Testart and Frame Lake’s Julian Morse.

Monfwi’s Jane Weyallon Armstrong and Tu Nedhé-Wiilideh’s Richard Edjericon opposed the motion.

“As an Indigenous person, a woman, we finally got our voice. As a result of the colonization, it destroyed our language, culture, and way of life. For so long, the racist Indian Act had power and control over our life,” said Weyallon Armstrong.

“Not only that, it discriminated more against the Indigenous women. With this in mind, I do not support this motion.”

Edjericon said he felt restrictions on social media publishing would “prevent us from speaking out on what we’re told by our people in our community.”

They were joined in opposition by Testart, who said: “We shouldn’t be trying to sanitize political speech and instead embrace it for what it is.”

Yellowknife Centre’s Robert Hawkins was the fourth opposing vote, stating that rules around MLAs’ online posts would mean “suppressing people from being people.”

Reid, closing the debate, told colleagues: “If you can’t appropriately argue the content of a debate without attacking someone’s intent or character, in the rules of our House that’s something that the speaker would rule on.

“Being honourable means respecting your colleagues. Both our Elders and our youth are watching us here and outside of these walls.”

The committee, which Reid chairs, will report back at a later date.

Also on Tuesday in the House, Testart brought forward a motion setting out a range of healthcare actions to be taken.

Among other items, he requested that the GNWT establish a primary care reform working group, phase out agency nurses over three years, introduce minimum staff-to-patient ratios in NWT hospitals, fast-track policies in the likes of AI and virtual care, and expand the role of nurse practitioners.

The motion passed with nine regular MLAs in favour and cabinet abstaining. The motion is not binding and the GNWT will respond within 120 days.