Yukon Party cabinet minister John Edzerza has spoken with the NDP about the possibility of moving to the party.

The confirmation came from NDP Leader Todd Hardy this morning.

Hardy told the Star he felt compelled to put the record straight after two former NDP MLAs, Gary McRobb and Eric Fairclough, mentioned Edzerza's name in the media last week.

Hardy ousted McRobb and Fairclough from the NDP caucus after it was brought to light they had been in discussions with Liberal Leader Arthur Mitchell and their constituents about not running under the NDP banner in the next territorial election.

Premier Dennis Fentie must call an election by November.

Hardy said Edzerza came and spoke with him last fall.

Edzerza was first elected to represent the McIntyre-Takhini riding as a Yukon Party MLA in November 2002. He currently holds the portfolios for the Department of Education and the Department of Justice.

Hardy would not disclose the exact details of the conservation to protect Edzerza's privacy.

However, he said Edzerza did express some interest in the NDP as a future possibility in his political career.

Hardy said he took the notion to his caucus. All the elected NDP MLAs shared the same opinion, he said; they would not entertain people joining the NDP from another party.

The public's perception of people crossing the floor to join another party is damaging to credibility and is not something the NDP supports, said Hardy.

At that point, conversations around Edzerza joining the NDP prior to an election ceased, said Hardy.

'I did not encourage discussion from him on something we would not entertain.'

He said the NDP's territorial stance clearly indicates MLAs wishing to remove themselves from a caucus should sit as an independent or resign their seat and run in a byelection, under a different party's banner if they so choose and are able to win the party's nomination in that riding.

On the last day of the fall 2005 sitting of the legislature, Hardy tabled a motion that asked the legislature to bring forward legislation: '...that would prevent an MLA from ignoring the wishes of his or her constituents by changing parties, crossing the floor, and joining another party without first sitting as an independent until the next election, or by resigning their seat and running in a byelection.'

Constituents vote for their MLAs for a variety of different reasons, including just looking at the person or looking at the party they are running for, said Hardy.

A riding's residents are entitled to decide if they want their MLA to stand with another party, he said.

'The only respectful option is to sit as an independent and then seek nomination in the riding,' said Hardy.

If an MLA from another party wanted to run as an NDP candidate in the next election, that person would have to first become a member of the party, then stand for nomination in a riding, said Hardy.

He added that just because they were to seek nomination would not mean they would win the right to represent that riding.

'It's a position we have taken publicly,' said Hardy, adding it is the most democratic process.

McRobb previously told the Star Hardy 'sprung' the policy on the MLAs when he tabled the motion last December.

'I was very surprised,' said McRobb. 'It was put forward with no notice. It looked like he was concerned about protecting his little empire.'

McRobb added there was no further discussion about the motion after it was tabled in the legislature.

The stance contained in the motion is not yet directly addressed in the party's constitution or past platforms. A similar policy, though, was in the federal NDP's platform in the January 2006 election.

Don Austin, the NDP's president, previously told the Star he suspected it may be a policy some members will bring forward at the annual convention on April 22.

Hardy further added the party's stance should be clear through its Legislative Renewal Act, which was tabled in April 2005. The act, however, does not contain a specific mention of members crossing the floor.

It does address the need to promote ethical conduct among elected members, including increasing resources given to members to conduct their constituency responsibilities and improve public awareness of proceedings of the Yukon Legislative Assembly and the legislative process, while also encouraging public participation in the decision-making process.

Hardy said he is uncomfortable with how Edzerza's name has now been brought into discussions in the wake of McRobb's and Fairclough's departures from the NDP.

'It's a shame that their actions continue to tarnish other people,' said Hardy.

He added, though, it is his understanding that Edzerza has been open with the Yukon Party regarding his issues and concerns within the party.

Edzerza is currently outside of Whitehorse on personal time and unreachable.

Fentie was also unavailable to comment.