A letter from an ex-clerk of the legislative assembly criticizing the Liberal government’s approach to electoral reform was wiped from the record of the assembly’s working papers last Thursday, in one of two rulings by Speaker Nils Clarke.

The letter was addressed to the Members’ Services Board, a confidential committee, in August, and brought to the legislature by NDP MLA Liz Hanson on Oct. 22.

Clarke ruled that Hanson breached the board’s confidentiality when she tabled the document.

“The premature publication or disclosure of committee proceedings – whether by way of a release to the media or by a member attempting to table confidential committee material in the House – is a contravention of the Standing Orders and may be found to constitute a contempt of the Legislative Assembly or a breach of parliamentary privilege,” Clarke said.

The 10-page letter was written by Floyd McCormick, who worked in the legislature for 18 years up to his retirement last spring. He holds a PhD in political science.

The letter called the government’s plans for an electoral reform commission “fundamentally unfair,” and accused it of taking a heavy-handed approach to reform.

He accused Premier Sandy Silver of overestimating his party’s authority when it established the commission, and set its timeline and its draft terms of reference.

Speaking to the media Monday afternoon, Hanson did not express regret over tabling the confidential document, which released it to the public and to media.

“The conversation about democracy needs to be held out in the open,” Hanson said. “I sat on that (letter); I wanted and waited for Members’ Services Board to have a frank conversation and it didn’t happen.

“I tried many times to get it on the agenda. I was frustrated by the fact that I was elected to represent Yukon citizens and I don’t think the arbitrary decision made by another elected member – regardless of his role – to shut that down, is democratic.”

Clarke ruled that in the future, confidential documents would be rejected by the clerk and returned to the MLA attempting to release them. The letter has been removed from the assembly’s website.

He called the release of McCormick’s letter “an unfortunate departure from the practices of the committees of this assembly.”

Clarke proposed that the Members’ Services Board has the option of becoming a public committee, but must explicitly adopt rules to make it so.

The current board, chaired by Clarke, is comprised of Silver, Justice and Education Minister Tracy-Ann McPhee, Hanson and Yukon Party member Brad Cathers.

The committee is responsible for matters of policy and administration affecting the legislative assembly.

Hanson told media she has been “arguing for years” in favour of open committees and advocates for open standing committees on issues like electoral reform.

“I thought this government would be more open to it, and the premier would be more open to it, but it’s becoming more clear that he’s not,” Hanson said.

“The fundamentals of democracy are not confidential; they shouldn’t be.”

She added that she was not surprised to see McCormick’s letter yanked from the record, nor was she concerned about potentially being ruled as in contempt.

“Go for it – I will stand by my principles,” she said.

“I am elected to represent citizens, and I am elected in a democratic democracy, and if somebody wants to shut me down, then I want them to be able to say publicly how and why they intend to do that, and good luck.”

Dan Cable, the clerk of the house, clarified that the Speaker does not have the authority to find Hanson in contempt of the assembly. He told the Star Tuesday afternoon a member must file a motion to hold a fellow member in contempt.

Clarke’s intention, Cable said, was more likely to remind the members of their responsibilities.

Hanson added that because she expected the letter to be removed, she made a point of reading crucial parts of it to the House, therefore burning it into the transcribed record of the sitting.

Those transcriptions, unlike tabled documents, cannot be changed.

In an additional ruling, Clarke chastised interim Opposition Leader Stacey Hassard for implying the Speaker acts “in a politically partisan fashion” in his role on the Members’ Services Board.

Last Wednesday and Thursday, Hassard twice referred to Clarke as a Liberal MLA on the board.

He called the board a “…Liberal-controlled committee (which) is chaired by a Liberal MLA…” and noted “the Liberals hold the majority” on the committee.

Clarke ruled that references to himself as a Liberal MLA, when his role as chair is strictly non-partisan, is “drawing the Speaker into debate” and are “reflections on the impartiality or neutrality of the Speaker,” both of which he found to not be in order.

Clarke added that the Westminster model under which the legislature operates does not allow criticism of the Speaker or debate over his decisions.

He invited members of the house to speak with him in confidence, outside the house, or submit a written question on the order paper to the Members’ Services Board.