An affidavit filed by Nunakput MLA Jackie Jacobson into last monthSA国际影视传媒檚 public inquiry regarding former Tu Nedh茅-Wiilideh MLA Steve Norn takes aim at Clerk Tim Mercer and his involvement in a March 13, 2020 altercation with Environment and Natural Resources Minister Shane Thompson.
The sworn affidavit also questions the ClerkSA国际影视传媒檚 overall management of the assembly.
Jacobson, the most senior elected member and a former Speaker himself, alleges that the inquiry was a retaliation by the ClerkSA国际影视传媒檚 office in response to the MLASA国际影视传媒檚 effort to challenge MercerSA国际影视传媒檚 behaviour.
Norn had held a news conference at the Legislative Assembly in February 2021 which was later followed by a third-party investigation into the office.
That investigation led to Mercer being put on leave for months. He returned to the job Oct. 14.
SA国际影视传媒淚n the present instance, despite the fact that the sole adjudicator is tasked with an alleged breach involving Mr. Norn and quarantine, the real issue driving the complaint is that Mr. Norn has taken issue with the ClerkSA国际影视传媒檚 behaviour,SA国际影视传媒� Jacobson states.
Jacobson says that the former MLA was perceived by Mercer as a threat.
SA国际影视传媒淚n my view, the entire complaint (the Norn inquiry) is part of the ClerkSA国际影视传媒檚 attempt to eliminate the threat that he perceives and Mr. Norn challenging the ClerkSA国际影视传媒檚 behaviour.SA国际影视传媒�
The document revives the physical altercation that took place at the Legislative Assembly on March 13, 2020, between Mercer and Thompson, Jacobson says he saw the exchange.
SA国际影视传媒淚 have witnessed the clerk physically assault a member and current Cabinet Minister Shane Thompson,SA国际影视传媒� he said, adding that the incident involved Thompson being SA国际影视传媒渆lbowed by the Clerk.SA国际影视传媒�
Jacobson said that Mercer shouted profanities at Thompson and put his hands on him.
SA国际影视传媒淚 have witnessed the clerk challenge Mr. Thompson by uttering the phrase SA国际影视传媒業 will bury you, you fat fSA国际影视传媒搆,SA国际影视传媒橲A国际影视传媒� Jacobson states.
SA国际影视传媒淭hat any staff of the assembly would speak to a member in that fashion is offensive to me, completely out of line, and unwarranted for any reason.SA国际影视传媒�
SA国际影视传媒楥lerkSA国际影视传媒檚 controlSA国际影视传媒�
Jacobson, who was first elected in 2007 and reelected in 2011, served as Speaker between 2011 and 2015 and in that role, was MercerSA国际影视传媒檚 boss.
Jacobson was re-elected in 2019.
SA国际影视传媒淢y observations have led me to believe that the Clerk, long ago, forgot if he ever knew, the nature, role and duties of his office as Clerk,SA国际影视传媒� Jacobson said.
SA国际影视传媒淒uring the entirety of my tenure I have watched the Clerk manipulate the Assembly collectively and through members individually. It is apparent that the assembly is divided between people who the Clerk controls and those that he seeks to control.SA国际影视传媒�
The document calls Mercer SA国际影视传媒渁n outright bully running a terror campaign that few will turn a blind eye to.SA国际影视传媒�
Jacobson would not comment on the affidavit, nor would Thompson or Premier Caroline Cochrane when contacted by SA国际影视传媒 Dec. 2.
Confidential document?
Jacobson told SA国际影视传媒 last month that he had filed the affidavit to the inquiry to support NornSA国际影视传媒檚 defence, however it was his understanding that the document, as sworn testimony, was supposed to be confidential and to be seen only by himself, and the two inquiry lawyers SA国际影视传媒� Steve Cooper and Maurice Laprairie.
He said he found out more people saw the document when he was asked by law clerk Sheila MacPherson and deputy clerk Glen Rutland to declare a conflict of interest in connection with an Oct. 4 board of management meeting as both the meeting and the documents were related to Mercer. SA国际影视传媒 is told the meeting was held in-camera.
In direct reference to an Oct. 22 article by SA国际影视传媒 raising the question as to how the affidavit reached the ClerkSA国际影视传媒檚 office, Justice Ron Barclay during the Norn hearing said the document isnSA国际影视传媒檛 confidential.
SA国际影视传媒淭here was the newspaper article that was brought to my attention in respect to an allegation that an MLA wants to know how confidential documents made its way to the clerkSA国际影视传媒檚 office,SA国际影视传媒� Barclay said on Oct. 28.
SA国际影视传媒淚SA国际影视传媒檝e already made a ruling that the confidentiality doesnSA国际影视传媒檛 apply. And more importantly, this arises out of an application before the court and everybody that walks into that courtroom would have access to these documents and in particular, the affidavit.
SA国际影视传媒淚tSA国际影视传媒檚 clearly a matter for the public and thereSA国际影视传媒檚 no confidentiality.SA国际影视传媒�
Laprairie said in a Nov. 18 email that BarclaySA国际影视传媒檚 Nov. 17 disposition report into Norn (his judgement or ruling, rendered after the inquiry was complete) states that the document isnSA国际影视传媒檛 confidential. He refused comment as to whether his office shared the Jacobson document with MacPherson and the ClerkSA国际影视传媒檚 office.
SA国际影视传媒淚n response to Mr. CooperSA国际影视传媒檚 allegations, I do not consider counsel to the sole Adjudicator to have breached Rule 20 of the Rules of Practice and Procedure (the SA国际影视传媒淩ulesSA国际影视传媒�) in the context of this application," Barclay wrote. "Rule 20 pertains to confidential information related to the Inquiry. The information distributed to Ms. MacPherson was limited to Mr. NornSA国际影视传媒檚 application for subpoenas. No confidential information pertaining to the subject matter of the Inquiry has been distributed to Ms. MacPherson.
SA国际影视传媒淔urthermore, s. 109(2) of the (Legislative Assembly and Executive Council Act), which allows confidential information to be disclosed for the purposes of an inquiry, overrides the Rules.SA国际影视传媒�
Laprairie added that Barclay would not be making the documents available and would not advise on how to to obtain them.
MercerSA国际影视传媒檚 response
SA国际影视传媒淢r. Mercer has not seen the affidavit that Mr. Jacobson swore in relation to the MLA Code of Conduct Inquiry,SA国际影视传媒� MercerSA国际影视传媒檚 lawyer Kristan McLeod, wrote in an email to SA国际影视传媒 Dec. 2. SA国际影视传媒淪ome interactions with Mr. Jacobson and Mr. Mercer were reviewed during the recent investigation by Quintet Consulting, and Mr. Mercer cooperated fully with that investigation and accepted its findings without reservation.SA国际影视传媒�
McLeod said that only one MLA participated in the Quintet report even though SA国际影视传媒渕any others were invited to participate but declined.
SA国际影视传媒淚t is a concern if the contents of Mr. JacobsonSA国际影视传媒檚 affidavit differ from what was reported to Quintet since there has been no opportunity to investigate,SA国际影视传媒� she said.
SA国际影视传媒淚f the contents of Mr. JacobsonSA国际影视传媒檚 affidavit are defamatory to Mr. Mercer, and considering that any legitimate concern could have been submitted to the Quintet investigators for investigation, we urge caution in printing or publicly repeating any defamatory statements in the affidavit as that may also be defamatory.SA国际影视传媒�
McLeod added that comments by NornSA国际影视传媒檚 counsel, Steven Cooper about there being a connection between the Mercer investigation and the Norn inquiry are not true.
SA国际影视传媒淢r. Mercer would like to clarify that the matters that were investigated by Quintet Consulting had no relationship to the Code of Conduct complaint or inquiry. Mr. Mercer had no involvement, directly or indirectly, with the events that led to the making of the complaint, the complaint itself, the conduct or recommendations of the inquiry, or the decision of the Legislative Assembly to remove Mr. Norn from his seat,SA国际影视传媒� she said.
