Members' Handbook

LEGISLATIVE ASSEMBLY STRUCTURE

CONSENSUS GOVERNMENT

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10. UNDERSTANDING CONSENSUS GOVERNMENT

The term “consensus government” is often quoted but seldom understood. In many ways, the Northwest Territories Legislative Assembly operates in a manner very similar to any other parliamentary democracy in the Westminster model. The three branches of government, the Legislative, Executive and the Judiciary, each have their own roles and independent spheres of authority. Ministers are responsible to the Legislative Assembly for the activities of their Departments and are held accountable by the Assembly for their decisions and actions. In many ways, however, the similarities end there.

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Consensus government is not decision making by unanimous consent. In fact, unanimous consent on substantive matters of legislation, budget or policy is rare. Similarly, consensus government is not defined simply by the absence of political parties, although this is an important consideration. While there is no hard and fast definition of what consensus government is, the following quote by University of Toronto political scientist Graeme White captures what many believe to be the essence of our unique system:

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“It is the possibility and frequency of accommodation, cooperation and compromise that defines consensus government.”

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The following sections describe the key elements of our system of consensus government and how they each interact to achieve this unique dynamic.

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11. THE LEGISLATIVE BRANCH

The mandate and jurisdiction of the Legislative Assembly is found in the Northwest Territories Act (Canada), the Legislative Assembly and Executive Council Act (NWT), various parliamentary and NWT conventions, and the Rules of the Legislative Assembly. The Legislative Assembly consists of all 19 MLAs and is the ultimate deliberative and law making authority in the public government sphere in the NWT. The Legislature meets in public and is accountable to the electorate.

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The Legislative Assembly is primarily a law-making body. It makes laws within its sphere of jurisdiction, which includes the spending of public money. While individual Ministers typically propose legislation to the House, it is the Legislative Assembly as a whole that must accept, reject or revise such legislative proposals.

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Much of the work of the Legislative Assembly is delegated to Standing and Special Committees, which are extensions of the House itself. Committees are established pursuant to the Rules of the Legislative Assembly and are intended to spread the workload between Members and allow Members to gain specialized knowledge in certain program areas. Committees may only exercise the responsibilities delegated to them by the House and must always report back to the House itself.

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12. CAUCUS

A second major entity within our Consensus Government structure is the full Caucus. Caucus operates by convention and is made up of all Members of the Legislative Assembly (MLAs).

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Caucus plays a prominent role in bringing the interests of all Members together. It is the forum in which Members build consensus regardless of other offices held. For example, the Speaker, who by tradition does not participate in discussions or debates in the Legislative Assembly, participates freely in Caucus discussions.

A Caucus is defined as an in camera meeting of a group of MLAs who share a common interest. The single word “Caucus” or “Full Caucus” refers to all nineteen Members meeting together outside the formal confines of the Chamber, Standing Committee or Cabinet.

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There is no formal mandate for Caucus. Its responsibilities and purpose have evolved over time to meet the needs of all Members and to support the consensus government structure.

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12.1 CAUCUS CONVENTIONS

The Chairperson of Caucus is a Regular Member elected by all Caucus members. The proceedings and discussions of Caucus are private and confidential. Caucus proceedings and discussions shall not be disclosed except with the agreement of Caucus. There are no formal records of Caucus discussions and attendance is not recorded. Members of Caucus participate as individual Members in a free and open exchange of ideas. It is a private forum in the consensus government structure where Members meet as equals and do not carry the responsibilities of other offices they might hold.

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The Clerk of the Legislative Assembly provides support to Caucus. Any additional staff or support is provided through the Clerk.

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12.2 ROLE OF CAUCUS

Caucus is a forum for discussing issues of interest to all Members in cases where Cabinet has not established a government position, or it is inappropriate for Cabinet to establish a government position in the absence of consensus from all Members.

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Examples of items discussed in Caucus include the broad vision and goals for the Government prior to public debate, recommendations to the Assembly on key appointments, disciplinary or personal issues regarding Members or the timing of legislative sessions.

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Caucus is a forum to solve problems or discuss issues that affect all Members. It is not intended to replace or supersede the respective roles of the Legislature, Cabinet or Standing Committees.

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Where Cabinet has established a position or proposal on a matter of public policy, these are reviewed by the appropriate Committee of the Legislative Assembly or by the House in formal sitting.

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Caucus does not have formal decision-making authority. However, once a consensus on action is reached, the appropriate branch within the NWT consensus government structure will take action to implement the decision. For example, Cabinet could introduce enabling legislation or the Legislative Assembly could consider a motion to initiate action by others.

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13. EXECUTIVE BRANCH

The second major entity within the consensus government structure is the Executive Branch of Government, composed of the Executive Council or Cabinet, and the bureaucracy or employees of the Public Service. The mandate and responsibilities of the Cabinet are governed by the Legislative Assembly and Executive Council Act, parliamentary and NWT conventions, and occasionally in letters of instruction from the Federal Government. In general, the Cabinet is responsible for the overall management and direction of the Executive Branch of Government, including matters of policy.

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The Executive Branch of Government is the term used to refer to the Executive Council and the public service of the Northwest Territories. Within a parliamentary democracy, it is one of the three distinct and independent branches of government (the other two being the Legislative Branch and the Judiciary).

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The Executive Branch has been described as the business arm of government. It is responsible for the delivery of programs and services, for enforcing the laws made by the Legislative Assembly and for implementing the activities that will achieve the vision that all MLAs have for the Northwest Territories.

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The Executive Branch, through the Executive Council and individual Ministers, is appointed on the recommendation of and accountable to the Legislative Assembly.

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The Executive Council (also known as Cabinet) is composed of all persons appointed by the Legislative Assembly to be Executive Council Members (Ministers). The Executive Council is appointed by the Commissioner of the Northwest Territories on the recommendation of the Legislative Assembly and is chaired by the Premier.

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13.1 PREMIER

The current convention is that all Members of the Legislative Assembly choose the Premier. The Premier assigns portfolios to Members of the Executive Council. These assignments include responsibility for departments, corporations and agencies of the Government of Northwest Territories, and for offices and committees of the Executive Council. This practice is established by convention only and any Assembly could choose to vary it.

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The Premier has:

• the authority for the overall management and direction of the Executive Branch of Government; and

• the right to take disciplinary action which they deems necessary with respect to the conduct of the Ministers.

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The Premier is:

• the spokesperson for the Executive branch of the Government of Northwest Territories;

• the Chairperson of the Executive Council (Cabinet); and

• the Minister responsible for the Department of the Executive and Indigenous Affairs and any other departments that he or she deems appropriate.

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13.2 FINANCIAL MANAGEMENT BOARD

The Financial Management Board is a sub-committee of Cabinet chaired by the Minister of Finance. All other members of the Board are Ministers. The Financial Management Board is responsible for the financial management and administration of the government. The Board has certain decision-making authorities as specified in the Financial Administration Act.

 

14. JUDICIAL BRANCH

The third branch of government is the Judicial Branch. It is made of up of the judges of the Northwest Territories Court of Appeal, the Supreme Court of the Northwest Territories, and the Territorial Court and it is independent from the legislative and executive branches of government.

 

The role of the judicial branch is to interpret and apply the laws of Canada and the Northwest Territories. The judges on the Territorial Court are appointed by the Commissioner, on the advice of the Executive Council. They also preside over the prosecution of criminal, federal and territorial offences and family disputes. The judges for the other courts, are appointed by the Governor-General on the advice of the federal Cabinet.