Floyd McCormick, the former clerk of the legislative assembly, says the early adjournment of MLAs’ spring sitting has resulted in an unnecessary lack of accountability that will be detrimental to Yukoners.

“The uniqueness of the situation, the speed with which it is evolving, the potential impact of COVID-19 on the Yukon and the severity of government action require scrutiny by our elected representatives,” McCormick wrote.

“While government actions may all be justified under the circumstances, this also means that our elected representatives should be subjecting the government’s actions to more scrutiny, not less.”

In a letter dated April 20 and addressed to MLAs, McCormick argued that the current lack of proceedings are harmful to healthy democracy.

The legislative assembly adjourned March 19 due to COVID-19 concerns, and will not reconvene until the fall sitting begins on Oct. 1.

Members sat for only nine of the scheduled 30 spring sitting days.

Before the adjournment, MLAs hurried to pass a $1.6-billion budget that, under normal circumstances, would have likely remained under debate for the entire spring sitting.

“A month later, there is still no indication that the legislative assembly or its committees will be active during the extended adjournment,” McCormick said.

Processes should have been set out, he argues, so that opposition members could continue to scrutinize government actions between March 19 and Oct. 1.

“This has created a situation where, to put it mildly, Yukon’s system of representative parliamentary democracy will not function as well as possible at a critical time in the territory’s history,” McCormick said.

“Under the current circumstances, the Yukon is, until October 1 at least, a parliamentary democracy without a parliament.”

It’s noted that individual members of parliament require their collective powers to properly scrutinize cabinet decisions.

Whilst divided, opposition members can voice the input of their constituents but lack the functions provided by the legislative assembly.

McCormick suggests there are ways the Yukon government could maintain the accountability features, as evidenced by other jurisdictions.

They should do so, McCormick argues, because “in a properly functioning parliamentary democracy, those who are to be held to account (the premier and ministers) do not get to decide how and to what extent they will be held accountable.”

On March 9, the Yukon Party requested the formation of a select committee to examine the economic impacts of COVID-19. The motion was voted down by the Liberal majority.

“This was an unfortunate turn of events,” McCormick said.

“In my view, the optimal approach to the COVID-19 pandemic would have been the establishment of a committee with a broader mandate….”

The ex-clerk suggested that New Zealand’s epidemic response committee would have been a worthy model for the Yukon to follow in creating an all-party approach.

Parliaments and legislatures world-wide have found solutions to physical distancing rules, McCormick pointed out.

The House of Commons, Senate and legislative assemblies of Ontario and Alberta have met in person with reduced membership to encourage safe distances.

Some assemblies have implemented virtual meetings, a solution McCormick suggested would be well-suited to the Yukon government’s more casual committee meetings.

The Standing Committee on Public Accounts, for example, could be convened to scrutinize the $1.6-billion budget passed last month.

“There will be technological or procedural challenges involved in devising ways to conduct virtual or hybrid meetings of the legislative assembly and/or its committees,” McCormick said.

“However, other legislatures, large and small, in Canada and elsewhere, face the same challenges and are finding solutions.”

The ex-clerk urged the assembly to rewrite the rules, if necessary, to ensure scrutiny of government will continue in some form.

“The optimal approach (because it is the most conventional approach) is for members to negotiate the required rules and procedures and then convene the house in order to formally adopt these new rules and procedures,” McCormick said.

“The only other option is to do nothing, and that is not acceptable.”

Shortly after McCormick released his letter last week, Speaker Nils Clarke issued a response.

“The assembly will continue its business to the best of our ability while the COVID-19 coronavirus pandemic continues, to ensure MLAs can conduct their important work,” Clarke said.

The Speaker said the assembly’s committee meeting room is equipped with teleconference and video conference equipment, to allow committee meetings to continue remotely.

He said committee meetings are currently being scheduled, with an expectation that more will be required this spring.

Stacey Hassard, the Yukon Party’s interim leader, told the Star that his party is still open to an all-party committee, as McCormick recommended.

“Honestly, that option is still available,” Hassard said.

“I don’t think that the government necessarily is doing everything they can do to get things working in a better fashion.”

Hassard questions why the members of the legislative assembly have not met remotely, if the technology is available to do so.

“I haven’t heard anything out of the government on any of it,” Hassard said in an interview last Friday.

“It seems to be radio silence from the government on it.”

In keeping with Hassard’s assessment of the situation, a cabinet spokesperson declined the opportunity to comment on this story.