Independent offices of the Yukon Legislative Assembly are going through the court in an attempt to “maintain their budgetary independence from government and protect the rights of Yukoners,” according to a news release.
As noted in the release, Annette King, Yukon’s Child and Youth Advocate and Jason Pedlar, Yukon’s Ombudsman, Information and Privacy Commissioner, and Public Interest Disclosure Commissioner, filed a joint petition to the court. The News previously reported the offices were threatening to sue the territorial government over the matter.
They are petitioning the court about the “Government of Yukon’s recent interference into the legislated budgetary process of all four of these mandates,” as noted in the release.
In the release, Pedlar indicated the arms-length offices have been left without any other option other than to petition the court.
He stressed the importance of keeping the offices’ budget independent from “government interference.”
“We have followed the well established, legislated, and independent budgetary process which does not include a secondary review by the Yukon government, to which they have done,” Pedlar said.
“We have requested assurances that the Minister of Finance will table the budget estimates to the Legislative Assembly, unaltered, as he is required to do, and he has refused.”
King is quoted in the release saying it’s about independence; not politics.
“This is interfering with the important work we do for children and youth. We advocate for many who are in crisis, and we are currently working on several systemic reviews,” King said.
“The independence of my office is crucial to effectively represent children and youth.”
The release indicates Pedlar and King won’t be providing further comment since the matter is before the court.
Yukon government cabinet communications declined to comment as the matter is before the court.
Finance Minister Sandy Silver chairs the Management Board (MB) alongside two other ministers who are appointed as members. As a political body, MB approves how the government allocates financial and human resources.
The Management Board Secretariat (MBS) consists of unelected public servants including deputy and assistant deputy ministers, directors, managers and analysts, according to the Yukon government's find-an-employee database. Cabinet communications previously described MBS as the administrative unit that supports MB with information, coordination and logistical assistance.
The Members’ Services Board (MSB) is an all-party committee of the Yukon Legislative Assembly. MSB oversees all financial and administrative policy matters affecting the legislative assembly, according to the legislative assembly's website. Speaker Jeremy Harper is the board chair. In addition to Harper, there’s one Yukon Liberal Party MLA, two Yukon Party MLAs and a Yukon NDP MLA.
Pedlar wrote to Silver reiterating concerns about the budgetary process of legislative assembly officers.
“The method for approval or denial of my annual Estimates is set out in the Ombudsman Act (Act). The Legislative Assembly specifically tailored this to avoid government interference in the funding and operations of a Legislative Officer,” Pedlar wrote in his Jan. 9 letter to Silver.
“The budgetary process is clearly stated in section 9 of the Act and does not provide for input or action by YG. Its sole purpose is to direct you, as Minister of Finance, to recommend the unaltered Estimate, as reviewed by the Members’ Services Board (MSB), to the Legislative Assembly for due consideration,” he continued.
“Such oversight of a Legislative Officer properly belongs to the Legislative Branch; namely, the Legislative Assembly and, more specifically, the MSB.”
Pedlar sought a commitment by Jan. 17 that Silver would recommend the estimates without alteration.
In response, on Jan. 17, Silver wrote back that he disagreed that the MSB has final say in that process.
Silver cited legal opinion from 2008.
Silver noted the 2025-26 "budget-building process” is still being undertaken.
Silver argued the Financial Administration Act is “paramount.”
“As I communicated to Speaker Harper last month, the plan is for this government’s budget to focus on providing health care that meets the needs of Yukoners, protecting our environment and ensuring we are able to respond to wildfires and floods. Any budgets submitted to the Management Board Secretariat, and by extension cabinet, are being examined in that light, for the benefit of Yukoners,” Silver wrote back.
“I assure you that I will continue the important work to finalize a fiscally responsible budget that delivers programs and services to support Yukoners.”
Chief Electoral Officer Maxwell Harvey previously told the News he hadn’t ruled out taking legal action or being part of court processes brought on by the other independent officers against the Yukon government amid the ongoing budget dispute.
Harvey argued that potentially not being able to meet Elections Yukon’s “operational imperatives” because of budget changes imposed by a Yukon government entity could bring risk to holding "fair, compliant and impartial" elections.
He doesn't believe the government is intending to interfere.
"I think that the authority — who is the authority for the budget that goes to the legislative assembly — is something that needs to get worked out. I just think it needs more clarity and think it needs to get resolved," Harvey said.
"I think the intent is for the government to try to save money."
Contact Dana Hatherly at dana.hatherly@yukon-news.com