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Home , 21st Canadian Parliament, 27th Canadian Parliament, 9th Canadian Parliament, Flor Marcelino, Mario Laframboise, Peter Bjornson

Legislative Reports

of children and youth in its care have argued that it focused too will be implemented. There will much on the past and provided be new laws introduced to ban little vision for improving the texting and hand-held cell phone lives of people in usage while driving, new ticket the year ahead. They noted the sales legislation to protect those lack of programs to address the wishing to attend events and rising cost of living, to provide concerts, as well as preventing new job skills and opportunities members of a profession from for Saskatchewan’s Employment escaping disciplinary proceedings Insurance recipients, or affordable by resigning. housing. The Opposition has also criticized the Government on their Saskatchewan In regards to agriculture, the lack of support for grain, beef and Federal Agri-Stability Program hog farmers. will be assumed by Saskatchewan he Third session of the Twenty and moved to Melville. First Sixth Legislature began with New Presiding Officer T Nation and Métis peoples were the Speech from the Throne by included with a commitment from Wayne Elhard was appointed Lieutenant Governor Gordon the Government to meet their Deputy Chair of the Committees Barnhart. The Throne Speech, legal obligations under the duty of the Whole Assembly on October entitled Moving Forward, focused to consult, a greater engagement 22nd. Mr. Elhard was first elected on continued debt reduction, in economic prosperity and hon- to the legislature in the June 1999 improving health, education, ouring the request by the Métis by-election, giving him the distinc- vulnerable people, introducing Nation of Saskatchewan to desig- tion of being the first-ever elected new laws, agricultural programs, nate 2010 as the Year of the Métis MLA. He was First Nations and Métis relations, in Saskatchewan. Upcoming plans re-elected in the general elections environment, energy initiatives, for Tourism, Parks, Culture and of 1999, 2003 and 2007. As part municipal affairs, provincial Sport include a new culture policy of the first Saskatchewan Party cultural policy and immigration. and show casing Saskatchewan Cabinet, Mr. Elhard held three The Throne Speech focused at the 2010 Winter Olympics in separate portfolios. He is cur- on healthcare which included a Vancouver. rently a member of the Standing goal to reduce surgical wait times Committee on Intergovernmental to no longer than three months. Attention was given to the Affairs and Justice and Chairman The Government committed Environment and Energy needs of the Global Transportation Hub to continued efforts to recruit of the province as they will being developed west of Regina. nurses and physicians along play a key role in the province’s with a plan to improve long- regulatory framework, emission- By-Election term care for seniors, a change reduction technologies, carbon to the needle exchange program capture, water management plan On September 21st there were and the reduction of tobacco and alternative energy options by-elections in two constituen- use. Plans to review The Child with an emphasis on increased cies; and and Family Services Act and The wind power. Riversdale. Both seats Adoption Act were highlighted, were won by Members of the as well as a new electronic case The Opposition painted a . Dwain management system, to provide different perspective on the Lingenfelter, Leader of the better monitoring and protection Speech from the Throne. They Opposition, will represent the

CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 37 Regina Douglas Park constitu- public consultations in Toronto ency and Danielle Chartier, the through the fall. Saskatoon Riversdale constitu- ency which was formerly held by The Standing Committee on NDP leaders and General Government considered . The new Members Bill 173, An Act to Amend the were sworn in days before being Mining Act, and Bill 191, An Act officially seated on October 21, with respect to land use planning and 2009. protection in the Far North. The bills were referred to the Committee Committee Activities after second and first reading re- spectively, and were considered During the month of October, the concurrently during the summer Standing Committee on Crown n Monday, September 14, recess. The Committee held and Central Agencies held public O2009, the fall session of the public hearings in Toronto, Sioux hearings in Regina, Saskatoon Ontario Legislative Assembly Lookout, Thunder Bay, Chapleau and La Ronge on Saskatchewan’s commenced with the Speaker rec- and Timmins. Clause-by-clause growing energy needs. The ognizing the Member for Niagara consideration of Bill 173 took place Committee heard from 32 pre- West-Glanbrook, Tim Hudak, as on September 14, 16, 23, 28 and senters and received 24 writ- the Leader of Her Majesty’s Loy- 30. A time allocation motion was ten submissions. Individuals, al Opposition. Mr. Hudak was passed in the House on October social justice and environmental elected as leader of the Ontario 6 and clause-by-clause considera- groups, industry, representative Progressive Conservative party on tion was completed on October 7. organizations, political parties, June 30, during the summer recess. Clause-by-clause consideration of communities, a research institu- As a result of the resignation Bill 191 took place on October 19 tion and First Nations gave their of Liberal MPP Michael Bryant and 21. Both bills were reported as perspective on energy needs. The on June 7, a by-election was held amended. Committee has agreed to table an in the riding of St. Paul’s on interim report by December 2009. September 17. The successful can- The Standing Committee on In the New Year, the Committee didate was Eric Hoskins (Liberal), Justice Policy considered Bill 183, will continue its inquiry and travel the co-founder and president of An Act to revise and modernize the to Lloydminster, Prince Albert, War Child Canada. The newest law related to apprenticeship training Saskatoon, Yorkton, Estevan and member of the Legislature as- and trades qualifications and to es- Regina. A final report is expected sumed his seat on September 30. tablish the Ontario College of Trades. to be tabled during the spring The Bill provides for the establish- before the Assembly adjourns for Committee Activities ment of the Ontario College of the summer. Trades and revises the framework The Select Committee on Mental for apprenticeship training and In June, the Standing Health and Addictions was struck certification. The Committee held Committee on Human Services pursuant to an Order of the public hearings on September 17 continued public hearings on Bill House dated February 24, 2009. and 24. After clause-by-clause 80 – The Construction Industry The Committee is mandated to consideration on October 2, the Labour Relations Amendment Act, report its observations and rec- bill was time-allocated for one 2009. The proposed legislation ommendations with respect to a further day of clause-by-clause changes how labour relations comprehensive Ontario mental consideration on October 8. The in the construction industry are health and addictions strategy. Committee reported the bill back governed. The Bill was debated In August, the Committee con- to the House on October 8 with for over twenty-two hours before ducted meetings and site visits certain amendments. it was reinstated. The Committee in Moose Factory, Sioux Lookout continues its review of the Bill. and Sandy Lake. The Committee Pursuant to its permanent then travelled for public consul- mandate, the Standing Committee Stacey Ursulescu tations to Ottawa, Sudbury and on Government Agencies con- tinued to conduct reviews of, and Committee Researcher Thunder Bay in September. The Committee continued to hold to consider intended appoint- ments to, Ontario Government

38 CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 agencies, boards and commis- Legislative Library’s collection to finalize a water management sions. As well, the Committee stored immediately below was agreement with Nalcor Energy. presented three agency reports damaged. Coincidentally, this fire to the House. In its report on the occurred almost exactly 100 years The House also passed a Ontario Infrastructure Projects after the devastating fire of 1909, Resolution, in compliance with Corporation (Infrastructure which destroyed the West Wing of section 7 of the Child and Youth Ontario), the Committee covered the Legislative Building, includ- Advocate Act, to continue the topics such as: enhanced public ing the Library and its valuable suspension of the Advocate which disclosure; infrastructure and eco- collections which were then lo- was effected by the Lieutenant nomic development; innovative cated there. Governor in Council when the building design and infrastruc- House was not in session. ture projects; and the manage- Trevor Day Cabinet Changes, By-elections ment of the Darlington nuclear Committee Clerk procurement project. Trevor Taylor, Minister of The Committee’s report Transportation and Works, re- on The Ontario Educational signed from Cabinet on September th Communications Authority (TVO) 24 and from the House of nd dealt with subjects such as: TVO’s Assembly on October 2 citing coverage of Ontario politics and personal reasons. Paul Oram, government, including the busi- Minister of Health, resigned his th ness of the Legislative Assembly; seat on October 7 to return to production of new cost-effective private life. regional-based content; transpar- Newfoundland and On the same day, Jerome ency in the reporting of TVO’s Labrador Kennedy, Minister of Finance, was membership and viewership appointed Minister of Health, and numbers; and ongoing support n August 21 the then Tom Marshall, Minister of Justice, for activities of the Independent President of Treasury Board, was appointed Minister of Finance Learning Centre-ILC. Its report on O Jerome Kennedy, announced and President of Treasury Board. the Ontario Trillium Foundation the suspension with pay of the Mr. Marshall was returning to a commended the agency for its Child and Youth Advocate, portfolio which he had occupied important work and also made Darlene Neville, citing serious from December 29, 2006 to recommendations for improve- concerns expressed to cabinet October 31st, 2008. Felix Collins, ments. During September, 2009, by the Speaker Roger Fitzgerald Member for Placentia-St. Mary’s, the Committee commenced re- about the functioning of the office. Deputy Chair of Committees, was views of three agencies: Ontario Retired Provincial Court judge appointed Minister of Justice. Municipal Board; Ontario Power John Rorke has been appointed Generation Inc.; and The Royal interim Advocate. Dianne Whalen, Minister of Ontario Museum. House Convenes for Two-day Municipal Affairs was appointed Sitting acting Minister of Transportation Other Matters and Works. However on October th 26 Thomas Hedderson, Minister The Ontario Legislative Building The House sat on September 8 th of Fisheries, was appointed acting suffered a fire late on the evening and 9 primarily to debate Bill 37 Minister of Municipal Affairs as of October 11. Mechanical equip- An Act To Amend The Energy Ms Whelan is unable to carry ment on the roof of the North Corporation of Newfoundland and out her ministerial duties due to Wing caught fire, by means which Labrador Water Rights Act which illness. Thomas Marshall, Q.C. are yet unknown. Fortunately, the clarifies the definition of the was appointed acting Minister of fire was spotted quickly and was waters included in the legislation Transportation and Works. Both extinguished without damage to so that there is no overlap between Ministers retain their current anything other than the equip- the definitions of the Lower and portfolios. ment itself. The water used to Upper Churchill. The Churchill Falls (Labrador) Corporation re- extinguish the fire ran harmless- The by-election in the District quires this clarification in order ly off the roof, so no part of the of The Straits-White Bay North to

CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 39 fill the seat vacated by Mr. Taylor other than his/her own serious the motions by the Government took place on October 27th. The illness or that of a member of his/ House Leader determining the Liberal candidate, Marshall Dean, her immediate family shall not be timetable and speaking times pro- eligible for Severance Pay. was elected. The other candidates vided for in the exceptional pro- were Rick Pelly representing the The Report and Annex is avail- cedure, the bill passed all of the Progressive Conservative Party able at the House Assembly website: stages in the legislative process and Dale Colbourne representing http://assembly.nl.ca/pdf/ for its adoption. the New Democratic Party. MCRCReport2009.pdf This Act suspends temporarily Members Compensation Review The House is expected to recon- the effect of certain provisions Committee vene in mid-November to resume of the Balanced Budget Act and the Second Session of the Forty- enables the Minister of Finance to Pursuant to subsection 16(1) of the Sixth General Assembly. present objectives for decreasing House of Assembly Accountability, budgetary deficits. It also Integrity and Administration Act, the Elizabeth Murphy establishes the manner in which Committee was struck on May 28, Clerk Assistant the Minister is to account for the 2009 and submitted their report to achievement of those objectives. the Speaker on October 30th. The Furthermore, this Act provides Members of the Committee were for the implementation of the Joe O’Neill, Chair, former CEO accounting reform with respect to of the Workplace Health, Safety the full consolidation of financial and Compensation Commission, information from bodies in the Brian Barry, VP-Central of health and social services network the Newfoundland Region for and the education network with Steers Insurance Ltd. and Cathy that of the Government. Bennett, Owner/Operator of nine n compliance with the new McDonald’s Restaurants and Iparliamentary calendar adopted By-election CEO of the Bennett Group of in April 2009, the autumn sessional Companies. period resumed on Tuesday, Nicolas Marceau won the by- September 15. This first sitting election held in the electoral The Committee held public was marked by the welcoming of division of Rousseau, on hearings around the Province, the two new Members, Clément September 21, 2009, thus filling conducted research and inter- Gignac and Jean D’Amour, the seat left vacant by François viewed Members of the House of elected on June 22, 2009 in the Legault, who resigned last June. Assembly and others. electoral divisions of Marguerite- Bourgeoys and Rivière-du-Loup. The seats in the Assembly The Report recommends inter are now distributed as fol- alia: Extraordinary sitting lows: Québec Liberal Party, 67 Members; Parti Québécois, 51 • that the 8% salary increase which The Members of the National Members; Action démocratique commenced on July 1, 2009 be Assembly were summoned by du Québec, 6 Members; Québec withdrawn and frozen at the level Premier Jean Charest for an of June 30, 2009 pending the rec- Solidaire, 1 Member. ommendations of the next review extraordinary sitting on Friday, September 18, to complete the committee; Cabinet shuffle legislative process respecting • that the MHA pension plan ac- Bill 40, An Act to amend the crual rate be reduced from 75% Last September 9, 2009, Sam to 70% and that MHAs who have Balanced Budget Act and various Hamad, who is currently respon- been elected twice and served legislative provisions concerning the sible for the Employment and five years be eligible for pension implementation of the accounting Social Solidarity portfolios as entitlement at 55 and reform, which had reached well as for the Capitale-Nationale the stage of clause-by-clause • that current severance provisions region, was appointed Minister of remain unchanged (one month’s consideration in committee. Labour in replacement of David current pay for each year of ser- Whissell, Member for Argenteuil. vice) provided that an MHA who After debate on the grounds for resigns in mid-term for reasons summoning the Assembly and on

40 CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 The Cabinet is now composed of For its part, the Government must interviews with approximately 70 14 men and 12 women. henceforth answer, within the young women and men, the mem- prescribed time, all petitions that bers of the Assembly’s selection Directive from the Chair are addressed to it. committee selected 14 candidates (11 women and 3 men) regis- At the sitting of September 17, the Institutional Activities tered in one of the approved pro- Chair reminded the Members of grammes, namely the Bachelor of the rules that apply to petitions On September 23, President Law, the Bachelor of Public Affairs and which were introduced by Yvon Vallières presided over a cer- and International Relations, and the parliamentary reform of April emony during which he conferred the Bachelor of Political Science. 2009. The Chair will refuse any the National Assembly Medal of These pages, whose average age petition containing more than Honour on Ingrid Betancourt, is 21 years, began their duties at 250 words, or that is not printed former Senator and former presi- the end of August. Their work is on standard sheets of paper. dential candidate in Colombia, supervised by the person who is In addition, it will reject any for the courage she displayed responsible for the pages at the petition containing language that during her captivity as well as for Assembly. is violent, abusive or insulting, or her commitment to democracy, that imputes improper motives to human rights, and freedom of ex- The 87 participants in the ninth another Member or that questions pression. Legislature of the Seniors’ Parliament, his conduct. The same stands for held from 9 to 11 September, passed any petition that concerns a matter The President also conferred two bills on issues that are central that is before the courts or that the National Assembly Medal of to the interests of seniors: the Act is the subject of an inquiry, if its Honour on Jean-Pierre Ferland Respecting Health Services and Home presentation could be prejudicial on September 28 on the occasion Support for Elderly Persons and to the interests of some person or of a dinner given by the Fondation Informal Caregiver Services and the party. In such cases, the Chair will des parlementaires québécois Act Respecting the Reimbursement of not allow consent to be sought at Cultures à partager. He wished Property Taxes for Persons Aged 65 the time set aside for presenting thereby to acknowledge the Years and Over. petitions, nor will it allow such author, composer, and singer’s consent to be sought for the contribution to the influence of Francine Boivin Lamarche indirect tabling of a petition at any Québec culture and the French Secretariat of the National Assembly other stage. language.

However, the Chair may grant A new programme was Committees Activity leave to the Member to request created, in collaboration with Laval University, to allow the Assembly’s consent to table a The activities of the standing undergraduate students to acquire petition that does not meet certain committees of the National rewarding work experience and criteria regarding its form. Such Assembly resumed with a to become better acquainted would be the case if a petition heavy workload in September. with Québec’s parliamentary was not an original or if it did not Committees held numerous institutions, thus joining the contain all of the petitioners’ sig- sittings, in particular in the general trend prevalent in most natures or if the reason for which context of three important general of Canada’s parliamentary the intervention was sought did consultations. Furthermore, on assemblies. Students are paid not appear on all of the sheets of September 14 certain provisions on a basis of 10 to 14 hours per paper. This would also be true if in the Standing Orders concerning week. They must also conduct a a petition asked for the redress of the names and terms of reference research project accredited by the a grievance concerning a matter of the standing committees university. The on-site internship that was not within Québec’s ju- entered into effect within the and the guided research led to the risdiction. framework of the parliamentary granting of six credits toward the reform. The new apportionment The new rules henceforth bachelor’s programme in which of committee jurisdictions provide that once a petition they are registered. is tabled, it is referred to the introduced by the parliamentary appropriate standing committee, After having examined the reform adopted on April 21, 2009 which may decide to examine it. students’ files and conducted seeks to rebalance the workload

CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 41 among the various committees. establishments. To that end the further the continuation of their To that end the name of certain bills make amendments to the education. committees has been changed membership, operation, and and one new committee has been responsibilities of the board of During August and September created: the Committee on Citizen directors of the establishments the Committee on Health and Relations. However, the number concerned. The committee Social Services held public of committees is unchanged. The devoted nine sittings to the hearings during a general names and terms of reference execution of this order and heard consultation on a document of the committees are specified 48 persons and organizations. entitled “For a stronger and more in National Assembly Standing equitable Québec Pension Plan”. Order 118. The following is an On September 15, 16, and 17 This document seeks, among overview of the main mandates the Committee on Public Finance other things, to identify the carried out by the committees continued clause-by-clause challenges to be met in relation to during this period. consideration of Bill 40, An Act the situation of the pension plan in to amend the Balanced Budget Act the coming years and to determine During the month of September and various legislative provisions the orientations to be taken to the Committee on Agriculture, concerning the implementation of provide retirees with an equitable Energy and Natural Resources the accounting reform, which had plan. The committee devoted nine held eleven sittings dedicated to begun the previous spring. After sittings to this order and heard 36 an important general consultation a total of eight sittings clause-by- persons and organizations. on Bill 57, Forest Occupancy Act. clause consideration of the bill This bill amends the Forest Act and was completed in committee of the On August 27 the Committee introduces a new forest regime whole by reason of the adoption on Transportation and the based on the regionalization of a motion for an exceptional Environment elected its chair- of decision-making relating to procedure. In particular, Bill 40 man, the post having become forest planning and management. amends the Balanced Budget Act to vacant owing to the resigna- During this consultation the allow a budget deficit for a period tion of François Legault, former committee heard more than of several years and provides for Member for the electoral division 70 persons and organizations. At the application of the accounting of Rousseau. Danielle Doyer, the end of its deliberations the reform. Member for Matapédia, was elect- committee recommended that ed to occupy this post. the bill be reprinted owing to the On September 24 the In August and September the large number of amendments Committee on Institutions held committee held special consul- announced by the minister special consultations and public tations on a document entitled responsible. hearings with respect to Bill 15, An Act to amend the Courts of “A First List of Sustainable- During September and Justice Act and the Act respecting Development Indicators”. This the beginning of October the municipal courts with regard to court public consultation document Committee on Culture and security. This bill seeks to increase fixes parameters for overseeing Education held public hearings security in the buildings occupied and measuring progress made in as part of a general consultation by the courts. Québec with regard to sustain- relating simultaneously to able development. The commit- Bill 38, An Act to amend the Act The Committee on Citizen tee received 14 briefs during this respecting educational institutions Relations devoted two sittings to consultation and made four rec- at the university level and the clause-by-clause consideration of ommendations as a result of this Act respecting the Université du Bill 7, An Act to establish an early order. Québec with respect to governance, childhood development fund. Special In September the Committee and Bill 44, An Act to amend the consultations had been held with on Public Administration held General and Vocational Colleges respect to this bill last April, three hearings: the first concerned Act with respect to governance. during which 17 organizations the financial support granted These bills seek to establish were heard. The bill seeks, in by the Ministry of Health and principles of sound governance particular, to establish a fund Social Services and the health and relating to the management of whose object is to support the social services agencies to com- college and university teaching development of young children living in poverty in order to munity organizations; the second

42 CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 concerned government initiatives Act to amend the Criminal Code until the written declaration has in the mining sector; and the third (limiting credit for time spent in been read out in both the House concerned the lookout relating to pre-sentencing custody). Bill C-32 of Commons and the Senate. As the Québec health file project. was passed with support from the written declaration of Royal both parties on October 6. The Assent for Bill C-25 was read out In August the Committees bill reduces the appeal of tobacco in both chambers on October 22, Secretariat published a statistical products to Canada’s youth, the bill officially received Royal report on the proceedings of the especially first-time smokers, by Assent that day. parliamentary committees for prohibiting the addition of fruit 2008-2009. This report contains flavours and other additives such Motion recognizing Famous Five detailed information on the as vitamins to cigarettes, cigarillos, as Honourary Senators activities of the parliamentary and blunt wraps, and by requiring mmittees of the National packaging in minimum quantities On October 8, the Senate adopted Assembly. of 20 to curtail their affordability. a motion proposed by Senator Bill C-32 also repeals the Ethel Cochrane to “posthumously Stéphanie Boutin exemption that permits tobacco recognize Emily Murphy, Nellie Committees Secretariat advertising in publications with McClung, Irene Parlby, Louise an adult readership of not less McKinney and Henrietta Muir than 85 per cent. Edwards, popularly known as the “Famous Five’’, as Honorary Bill C-25, one of the Senators.” The motion was government’s “tough-on-crime” moved to commemorate the bills, limits the amount of credit 80th anniversary of the October that courts grant to convicted 18, 1929 decision of the Judicial criminals for time spent in pre- Committee of the Privy Council sentencing custody. Up until now, that recognized women as judges could grant two-for-one “persons’’ in law eligible for credits or more. The bill limits appointment to the Senate. Senate this to one-for-one. The Standing Senate Committee on Legal and New Senators Constitutional Affairs proposed uring the autumn the Senate amendments to the bill. These On August 27 Prime Minister Dcontinued its work in its amendments, as well as another announced capacity as a revising chamber. amendment put forward by the appointment of nine new Three Senate public bills were Senator Charlie Watt to exempt Conservative senators by the introduced, one Commons Aboriginal peoples from the Governor General. The new public bill was received from proposed changes in the bill, Senators were sworn-in on the House of Commons, six bills were rejected by the Senate in two September 15. Their names and were referred to committee and standing votes. the Provinces or Territories each two government bills received represent are as follows: third reading and Royal Assent. Bill C-25 was adopted at 3rd The Senate also underwent some reading on October 21 and a Senator Donald Plett changes to its membership, with Puisne Judge of the Supreme () served as the full-time nine new senators added to its Court of Canada, in his capacity as President of the Conservative ranks as well as some retirements, Deputy of the Governor General, Party of Canada from 2003 until and to its administration, with a signed the written declaration his appointment to the Senate. He changeover in the position of Clerk of Royal Assent later that same has dedicated much of his life to of the Senate, the procedural and day. An interesting point to note community service, has served on administrative head of the Senate. is that when a bill is given Royal the Board of Governors of the Red River College and has enjoyed Legislation Assent by written declaration (that is, not in person by the coaching and playing sports such as hockey and golf. The two government bills adopted Governor General or a Puisne were Bill C-32, An Act to amend Judge in the Senate Chamber), the After a successful career in the Tobacco Act, and Bill C-25, An Royal Assent does not take effect nursing that spanned twenty years

CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 43 and earned her titles such as Head Senator Jacques Demers of Parliament and as a Senator. He Nurse and Nursing Manager in (Québec) is an influential figure retired on August 2. different hospital departments, in Canadian hockey, best known Senator Carolyn Stewart Olsen as the former head coach of the Senator Lise Bacon retired on () changed her Canadiens during their August 25. She served as Chair focus from health care to politics, Stanley Cup victory in 1993. In of the Senate Committees on where she served most recently 2005 he publicly revealed that he Transport and Communications, as Senior Advisor and Director of was functionally illiterate, which Legal and Constitutional Affairs, Strategic Communication in the has helped raise awareness of and Internal Economy, Budgets Prime Minister’s Office. literacy issues. Senator Demers and Administration. She is a former Vice Premier of , Senator Kelvin Ogilvie (Nova is a commentator for the sports network RDS. and held a number of ministerial Scotia) is an award-winning inter- portfolios in Quebec. national expert in biotechnology, Senator Judith Seidman bioorganic chemistry and genetic (Québec) is an educator, Senator Joan Cook, who was engineering. He spent 10 years as researcher and advisor in the fields a devoted advocate of the coastal President and Vice Chancellor at of health and social services. She communities of Newfoundland Acadia University in Wolfville, was the project coordinator for and Labrador, retired on October and is currently a member of the the Canadian Study of Health 6. Her long history of involvement Board of Genome Canada and and Aging at the University in health care issues enabled her chairs both the Advisory Board of Ottawa, and was Research to contribute substantially to of National Research Council’s Associate/Fellow at the Montreal the Senate committee on Social Institute of Marine Bioscience and Neurological Hospital/Institute’s Affairs, Science and Technology’s the Advisory Board of the Atlantic Department of Social Work. extensive studies on mental health Innovation Fund. and on the state of the health care Senator Dennis Patterson Senator Doug Finley’s system in Canada. (Nunavut) is a former Premier of (Ontario) career includes working the who is in the aviation, agriculture and Senator John Bryden resigned dedicated to bettering the lives of energy industries. He also served from the Senate on October 31 Canada’s Northern population. as Director of Political Operations after representing New Brunswick Mr. Patterson played a key role for the Conservative Party of for 15 years. His experience was in the settlement of the Inuvialuit Canada, and National Campaign in the areas of law, public service final agreement and the Nunavut Director during the 2006 and 2008 and business. During his time in final land claim agreement. Mr. federal elections. the Senate, he sponsored a public Patterson also served as the leader bill which increased penalties for of the campaign which led to Senator Linda Frum (Ontario) is acts of cruelty to animals. This the establishment of Nunavut as a journalist and best-selling author bill was adopted by both houses Canada’s newest territory in 1999. who has worked as a feature of Parliament, and received Royal columnist for the National Post Assent on April 17, 2008. Senator Claude Carignan newspaper and as a contributing (Québec) is a lawyer who spe- editor to Maclean’s Magazine. Clerk of the Senate cialized in labour and public She is an active member of the law. He was a law teacher at the Toronto community where she is The Clerk of the Senate and Clerk Université du Québec à Montréal a board member for a number of of the Parliaments has many and the Université de Montréal. organizations. roles to play. The first is as senior He was the Mayor of Saint- procedural advisor to the Speaker Eustache from 2000 until his ap- Retirements and Resignations of the Senate and to senators, pointment to the Senate. He has both in and out of the Chamber. been Vice-President of the Board Four senators retired from the The second is as administrative of the Union des municipalités du Senate in the last three months. head of the Senate, overseeing Québec since May 2008 and has The first to go was SenatorEymard the operations and services created the Fondation Élite Saint- Corbin, a journalist and teacher, provided to the Senate and Eustache, which helps the young who had a political career that senators. The Clerk also manages people of his region. spanned 41 years, representing certain relations with the House New Brunswick both as a Member of Commons and, as the Clerk of

44 CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 the Parliaments, is the custodian confidence test in as many sitting of the engrossed manuscript weeks. copies of all legislation and other parliamentary documents. The The Speaker Clerk is appointed by the Prime Minister. On October 12, 2009, Peter Milliken became the longest On September 15, Paul Bélisle serving Speaker of the House of retired after 15 years of dedicated Commons. He was first elected service as Clerk of the Senate as Speaker on January 29, 2001. and Clerk of the Parliaments. House of Commons After Question Period on October Mr. Bélisle was instrumental 21, 2009, a representative of each in putting in place the Senate recognized party paid tribute in Administrative Rules as well as arliament returned from commemoration of the Speaker’s the Administration’s Report on Pthe summer adjournment achievement. Priorities and Initiatives and its on September 14, 2009. It was Statement of Values and Ethics. immediately seized by election Legislation and Procedural speculation as, on September 1, the Motions On September 16, Gary Leader of the Official Opposition O’Brien was sworn-in as the new Michael Ignatieff had declared Two bills which were considered Clerk of the Senate and Clerk of that the Liberal Party would no as potential confidence measures longer support the government were introduced in September. and would attempt to bring it Bill C-50, An Act to amend the em- down at the earliest opportunity. ployment insurance act and increase The first test of confidence for benefits, was adopted by the House the government came in the form with the support of the NDP on of a ways and means motion to November 3, 2009. Bill C-51, An implement certain provisions of Act to implement certain provisions the budget. The motion related to of the budget tabled on January 27, the Home Renovation Tax Credit 2009, which embodies the ways and the First-time Home Buyers’ and means motion noted above, Tax Credit which were noted in was reported back to the House the budget speech. The motion by the Standing Committee on was adopted on September 18, Finance without amendment on 2009 on a recorded division of November 4, 2009. 224 to 74, with the Liberals voting Of note was the continued against. debate on Bill C-23, An Act to On September 28, 2009, the implement the Free Trade Agreement Gary O’Brien government tabled “Canada’s between Canada and the Republic Economic Action Plan — A Third of Colombia, the Agreement on the the Parliaments. A former Deputy Report to Canadians — September Environment between Canada and Clerk of the Senate and an expert 2009” and, pursuant to the special the Republic of Colombia and the on parliamentary procedure, he order made on June 19, 2009, the Agreement on Labour Cooperation joined the Senate in 1980, first first opposition day of the supply between Canada and the Republic of as Chief of English Journals period was held three sitting days Colombia. As of October 9, 2009 and subsequently as Director of later on October 1. The motion of the second reading motion, as Committees, before assuming the the Official Opposition – “That well as a reasoned amendment role of Deputy Clerk in 1999, a this House has lost confidence in and subamendment that had been position he held until 2006. the government” – was defeated moved in June, had been debated on a recorded division of 117 to for over twenty-five hours. Katie Castleton 144, with the Liberals and the Bloc The subamendment was de- Procedural Clerk Quebecois voting in favour. The feated on October 7 and on Journals Branch government had passed a second October 9, 2009, the Government

CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 45 House Leader, Jay Hill sought members who have not yet done Leader of the Government Tom unanimous consent to move so to speak to the amendment and Lukiwski who argued that the – “That, notwithstanding any the main motion. As of November motion was out of order because standing order or usual practice 6, 2009, Bill C-23 has not been it was not permissive but instruc- of the House, the second reading called for debate again. tive and it sought to impose time motion of Bill C-23 ... shall not allocation on the Bill. The NDP be subject to any further amend- On October 8, 2009, the Standing House Leader countered that the ments or subamendments”, but Committee on the Environment motion was permissive because consent was denied. The House and Sustainable Development pre- it is still within the prerogative of Leader then availed himself of sented its Eighth Report, which, the committee to decide whether the provisions set out in Standing pursuant to Standing Order to exercise the powers given to it Order 56.1, according to which 97.1(1) requested an extension of by the House. for any routine motion for which thirty sitting days to consider Bill An Act to ensure Canada as- Debate continued on the unanimous consent is required C-311, sumes its responsibilities in prevent- motion of instruction until the and has been denied, a Minister ing dangerous climate change time provided for Statements by may request that the Speaker pro- . The Members at which time the order pose the question to the House. recorded division on October 21, for resumption was transferred to The question was accordingly 2009, was concurred in by a vote Government Orders. On October put and, fewer than twenty-five of 169 to 93. The time provided for 29, 2009, the Speaker returned to Members having risen to object, it the Committee’s consideration of the House with a ruling that the was adopted. the Bill was therefore extended till December 10, 2009. motion was in order because it gave the power to the committee On a point of order by the In response to the Committee’s Member for Argenteuil-Papineau- to divide the bill, rather than Eighth Report, the House Leader ordering it, and the deadline Mirabel Mario Laframboise, for the NDP Libby Davies it was argued that the adopted would apply only if the committee moved a motion of instruction chose to create Bill C-311A. motion was out of order because to the Standing Committee on it did not fall within the definition Environment and Sustainable On October 27, 2009, the NDP of a routine motion and because Development giving it the power gave notice of the following the Standing Order had been to divide Bill C-311 into two bills, supply day motion – “That Bill used to limit debate. The Chief C-311A and C-311B, providing C-311, An Act to ensure Canada Government Whip Gordon that portion C-311A, which sets assumes its responsibilities in O’Connor contended that the targets and timelines to prevent preventing dangerous climate government was applying the dangerous climate change, has change, be deemed reported from Standing Order correctly and that not been reported back to the committee without amendment, there had been previous instances House by the tenth sitting day deemed concurred in at report where it had been used in the after October 19, 2009, it would stage and deemed read a third same fashion. be deemed to have been reported time and passed”. On October 22, 2009, the back without amendment. On a point of order, the Speaker ruled the motion adopted During debate on the motion, Government House Leader argued on October 9, 2009, in order. In the Parliamentary Secretary to the that the motion was out of order his ruling he reiterated a request Minister of Environment Mark on the grounds that attempting made by his predecessor that the Warawa moved that the House to pass all stages of a bill could Standing Committee on Procedure proceed to Orders of the Day. A only be done with unanimous and House Affairs examine the recorded division was held, and consent. The NDP responded that use of Standing Order 56.1. In the the votes being equally divided the House would still have the absence of such feedback, he was (131 to 131) the Speaker gave his opportunity to vote on the motion not in a position to rule definitively casting vote in the negative on the and that the Standing Orders give on the appropriateness of its use. procedural grounds that debate a very wide scope for opposition He went on to point out that should continue. motions on supply days. The even though the current motion Immediately thereafter, a Speaker gave an initial ruling that disallows further amendments point of order was raised by the the motion was out of order and and subamendments, it still allows Parliamentary Secretary to the that he would not permit it to be

46 CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 moved on the NDP supply day of is required to present a report been withdrawn, and the Chair October 28, 2009. The motion was listing the members of each considers the matter closed”. withdrawn from the Order Paper, standing committee every year, and another motion was moved. usually at the end of September or A question of privilege beginning of October, as well as was raised in the Standing Committees at the beginning of each session. Committee on the Environment The Report was concurred in and Sustainable Development During the month of August, a the same day and, pursuant when “on Tuesday, October 6, number of standing committees to Standing Order 106(1), each 2009, the Member for Edmonton- held meetings pursuant to standing committee had convened Strathcona, Linda Duncan was Standing Order 106(4), which a meeting for the purpose of quoted in a press release posted requires a Chair to convene a electing a Chair within ten sitting on a public Website releasing the meeting following the request days following the adoption of the details of an in camera proceeding of at least four members of a Report. of the Standing Committee”. The committee: House Leader for the NDP had Special arrangements were apologized to the House stating • The Standing Committee on made to accommodate the that “there was no intention to Industry, Science, and Technology Standing Committee on Finance undermine the committee, its held two meetings on August 7 regarding the Proposed Sale of which was particularly busy work, or what happens in camera. Certain Nortel Networks Assets; holding meetings in Ottawa and It was done in error and I wish to in various locations across the apologize on behalf of the NDP • The Standing Committee on country as part of its study on Pre- that that happened”. Health held three meetings, two budget Consultations 2009. on August 12 and one on August In its Third Report to the House, 28, in relation to the latest devel- opments concerning the H1N1 Points of Order/Questions of presented on October 19, 2009, the virus; Privilege Committee asked the House to “reflect on these serious matters • The Standing Committee on On October 1, 2009, the Speaker and consider holding the Member Natural Resources held two meet- for Edmonton-Strathcona in ings on August 21 in relation to ruled on a point of order that had Atomic Energy Canada Limited been at issue since June 10, 2009. contempt”. However, on October facility at Chalk River and the During Oral Questions, the House 21, 2009, the House agreed, status of the production of medi- Leader of the Official Opposition by unanimous consent, “That cal isotopes; and Member for Wascana Ralph since the matter expressed in • The Standing Committee on Goodale said that “the Minister the third report of the Standing Agriculture and Agri-Food held of Natural Resources cannot Committee on Environment two meetings on August 26 in give the number and clearly and Sustainable Development relation to the Report of the she cannot tell the truth either”. presented to the House on Independent Investigator into the Monday, October 19, 2009 has 2008 Listeriosis Outbreak, and the Following a point of order by the Government’s response thereto; Parliamentary Secretary to the been addressed, notwithstanding and Leader of the Government, the any standing order or usual Member for Wascana withdrew practice of the House, the said • The Standing Committee on his remarks on September report be withdrawn and that no Foreign Affairs and International subsequent proceeding may take Development also held two meet- 18, 2009. Unsatisfied with the ings on August 26 in relation to withdrawal, on September 28, the place in relation thereto”. the treatment of Canadians abroad Parliamentary Secretary urged the by the . Speaker “to give direction to the In the same vein, on October 20, 2009, the Member for Vancouver On September 28, 2009, the House as to whether the words by the member for Wascana were South, Ujjal Dosanjh rose on Standing Committee on Procedure a point of order to apologize to and House Affairs presented its unparliamentary”. The Speaker returned to the House on October the House for having inadver- Twentieth Report on “The Striking tently “tweeted” about matters of Membership of Standing and 1, and ruled that “the words used were unparliamentary, they have discussed during the in camera Standing Joint Committees”. proceedings of the Standing Pursuant to Standing Order Committee on National Defence. 104(1), the Standing Committee He undertook to delete the entry

CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 47 at the earliest opportunity. A Bill C-311. Protestors managed to Smoke-free Places Act, aims to pro- week later, the Member rose again disrupt Oral Questions for several tect the youth of New Brunswick in the House to further apologize minutes before being escorted out from the serious health risks associated with tobacco use. The for having discussed the commit- by security personnel. amendments will extend the defi- tee proceedings in question with nition of prohibited places to in- the media. On October 27, 2009, the clude vehicles if there is a person Government House Leader rose under 16 years of age present. By-elections on a question of privilege to charge the leader of the NDP Jack • Bill 48, An Act to Amend the Tobacco Sales Act, was introduced On September 16, 2009, the Layton with contempt for his in response to the report of the Member of the Electoral District involvement in the incident. He Select Committee on Wellness, of Hochelaga, in the Province stated that the people who caused which raised concerns about of Quebec, Réal Ménard gave the disturbance were guests of the increased use of flavoured notice of his intention to resign Mr. Layton. On November, 5, tobacco products by youth. The amendments will restrict the sale his seat as Member for the said 2009, the leader of the NDP rose of particular tobacco products Electoral District. On Sunday, on a point of order to state that and flavours, particularly those October 4, the Prime Minister the accusations were false and that are attractive to children, and called a by-election in the riding demanded an apology from the will prohibit the sale of individual of Hochelaga (Quebec), as well Government House Leader and cigarillos. as in three others which were from the Member for Langley. • Bill 87, Pay Equity Act, 2009, in- previously vacant, Montmagny- The Speaker returned to the troduced by Social Development L’Islet-Kamouraska-Rivière-du- House later that day and ruled Minister Mary Schryer, ensures Loup (Quebec), Cumberland- on the question of privilege by that pay equity is implemented and maintained in all parts of the Colchester-Musquodoboit stating that since the Leader of the public service. Pay equity requires Valley (), and New NDP had denied any involvement that female job classifications be Westminster-Coquitlam (British in the disturbance, the matter evaluated and compared to male Columbia). The by-elections were was closed. He added, however, job classifications on the basis held on November 9, 2009. that he had concerns about the of skill, effort, responsibility, and working conditions, using a disturbance itself. Preliminary results indicated nondiscriminatory job evaluation system. Female job classifications that the Bloc Quebecois candidate, Samy Agha of equal or comparable value to Daniel Paillé, won in the riding Procedural Clerk male job classifications must be of Hochelaga; the Conservative paid at least the same amount. Party candidates, Bernard • Bill 90, Firefighters’ Compensation Généreux and Scott Armstrong Act, establishes compensation won in Montmagny-L’Islet- and benefits for retired and active Kamouraska-Rivière-du-Loup firefighters, both full-time and and Cumberland-Colchester- volunteer, who suffer from one Musquodoboit Valley, respective- of 10 cancers to be prescribed by regulation, or who suffer a heart ly; and, the NDP candidate, Fin attack within 24 hours of active Donnelly, won in the riding of service. New Westminster-Coquitlam. • Bill 93, An Act to Amend the Medical Disturbances in the Gallery New Brunswick Services Payment Act, would bring the fee-for-service payments to physicians in line with restraint On September 16, 2009, three he Third Session of the Fifty- measures in place with the public women dressed as nuns disturbed TSixth Legislature adjourned service. Following significant Oral Questions by unfurling a on June 19, 2009. A total of 95 Bills debate in the House, the Bill banner over the gallery which were introduced during the ses- received Royal Assent on June read “The Seal Slaughter is a Bad 19. However, an agreement was sion, 80 of which received Royal subsequently announced whereby Habit”. Assent. Significant legislation con- doctors would receive annual sidered during the spring sitting wage increases of 3.75 per cent On October 26, 2009, there included: annually for four years, retroac- were loud chants coming from tive to April 1, 2008, followed by a the public gallery in support of • Bill 47, An Act to Amend the two-year wage freeze.

48 CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 • Bill 94, An Act Respecting Committee Reports assumed the Environment port- Expenditure Restraint, introduced folio, but stepped down short- in recognition of the current state On May 12, 2009, the Standing ly thereafter to resume his law of economic and financial uncer- tainty, implements a two-year Committee on Law Amendments, practice. He continues to repre- wage restraint policy throughout chaired by Justice and Consumer sent the riding of Fredericton- the public service. Members of Affairs MinisterThomas J. Burke, Nashwaaksis. Rick Miles, the Legislative Assembly are also reported on Bill 28, Limitation of the Member for Fredericton- subject to the new legislation. Actions Act. The Bill would im- Silverwood, was subsequently Twelve Public Bills were intro- prove and modernize the existing named to Cabinet as Minister of duced by the Official Opposition limitation of actions legislation in the Environment. during the session. A Private the province. The Bill establishes Member’s Bill introduced by Jody time limits within which civil New Lieutenant-Governor Carr received the support of both proceedings must be commenced Graydon Nicholas of Tobique sides of the House and was given and provides a defence if a claim First Nation was installed as the Royal Assent on June 19. Bill 85, is brought too late. Following the province’s thirtieth Lieutenant- An Act to Amend the Society for the incorporation of certain amend- Governor at a ceremony held Prevention of Cruelty to Animals ments, the Bill was given Royal at Government House on Act, increases the maximum al- Assent on June 19. September 30. Premier Graham lowable fines and penalties for the The Committee also received noted Nicholas’ important ac- abuse, mistreatment, or neglect input on the discussion paper complishments, as well as the of animals and was intended to entitled Health Care Directives significance of being the prov- send a clear message that New Legislation, which presents the ince’s first Aboriginal Lieutenant- Brunswick is not a haven for in- basis for new legislation giving Governor. The Premier stated dividuals or businesses that are legal force to health care direc- that New Brunswickers are grate- cruel to animals. tives, sometimes called living ful for His Honour’s outstand- Two Bills introduced by the wills, and describing the circum- ing contributions to society as a Leader of the Opposition, David stances in which they can take provincial court judge, an advo- Alward, were referred to the effect. cate on behalf of First Nations, a Standing Committee on Law community leader, and a propo- Cabinet Changes Amendments for review: nent of Aboriginal and human rights. “This day is a milestone in On June 22, 2009, Premier Shawn • Bill 53, Lobbyists Registration Act, the story of our province, a day would require lobbyists to file Graham announced a cabinet with a registrar a return that shuffle. Two ministers traded that will always be remembered proudly by all New Brunswickers, would disclose certain informa- responsibilities with Victor tion about the lobbyist and would especially the members of our Boudreau being named Minister be available for public inspection. of Business New Brunswick and First Nations.” The appointment was supported by Opposition • Bill 60, An Act to Amend the Family Greg Byrne becoming Minister Leader Mr. Alward who noted Services Act, would require the of Finance. Roland Haché moved government to create and imple- from the Environment portfolio that Graydon Nicholas was a ment a “safe haven policy”. The person of integrity with a wonder- policy could allow parents of to Education and Kelly Lamrock moved from Education to Social ful history to bring to the role of children 72 hours old or younger Lieutenant-Governor. to give away possession of their Development with additional child to an emergency room responsibilities for Housing. Herménégilde Chiasson, the nurse without fear of prosecution, Mary Schryer moved from Social outgoing Lieutenant-Govenor, provided the child has no signs of was thanked for his six years of abuse or neglect. Development to become Minister of Health. Michael Murphy, dedicated service to the people of Public Hearings on the two formerly in Health, was named New Brunswick. It was noted that opposition bills were held on Minister of Justice and Consumer through his tireless work to pro- November 9 and the Committee Affairs and Attorney General. mote the social and cultural ad- is expected to report to the House He remains Government House vancement of the province, he had early in the new session. Leader. T.J. Burke, who had left a distinctive and permanent served as Minister of Justice and stamp on the office that will serve Attorney General since 2006, as an inspiration to his successor

CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 49 and to all who follow in his foot- New Legislative Assembly steps in the coming years. Products

Other Matters Residents of are proud of their heritage. The On October 29, 2009, Premier Legislative Assembly is demon- Graham and Québec Premier Jean strating its own sense of pride in Charest met in Fredericton to sign its history, and its ongoing rel- a memorandum of understanding evance to Island affairs, with a between the governments of New series of new products that cel- Brunswick and Québec. Under the ebrate its rich legacy and Island terms of the proposed agreement, Prince Edward Island identity. Hydro-Québec would acquire most of the assets of NB Power The Speaker of the Legislative for an amount equivalent to NB he Third Session of the Six- Assembly, Kathleen Casey, is Power’s debt, $4.75 billion. It was Tty-third General Assembly interested in Islanders visiting announced that the proposed opened on November 12, 2009, their Legislature to see how regulatory framework spelled out with the Speech from the Throne elected representatives do in the memorandum of under- delivered by Lieutenant Governor their jobs. She has addressed standing would be referred to a Barbara A. Hagerman. This was people in the gallery, as well legislative committee for review the third Speech from the Throne as schoolchildren, on its and feedback. The committee will she has delivered since her ap- traditions and on parliamentary be asked to report to the House pointment in 2006. government. Continuing in that before implementing legislation is In April 2008 the Legislative vein, the Speaker has now made it tabled. Assembly adopted a parliamen- possible for Islanders everywhere tary calendar, with the fall ses- to see the Legislature close up, Restoration Project sion opening on the first sitting with a 2010 wall calendar. day following Remembrance Day. Work on the restoration of the ex- In accordance with the Legislative The large format calendar terior of the Legislative Assembly Assembly Act, which requires 60 features two images for each Building continues on schedule. days’ notice of the opening of the month: one of the familiar exterior The 2009 restoration work, which session, the announcement of the views of Province House and the commenced in May, is the fourth opening was issued on September Hon. George Coles Building, and phase of a planned five phase res- 11, 2009. interior shots of the Legislative toration program to be completed Assembly and Legislative by mid 2011. The current work Committee Activity Council; accompanied by smaller includes restoration of the foun- photographs of furnishings, The Standing Committee on dation wall masonry, dismantling draperies, and domestic items that Public Accounts met several times and reconstruction of new granite often go unseen or unnoticed. “The this fall with the Auditor General steps, installation of new copper calendars will allow people to see to review his latest annual report roofing, and fabrication of copper areas of the Legislative Assembly to the Legislative Assembly. In ornamentation and decorative which are not accessible to the an unusual move, the committee, cast iron railings to replicate exist- public,” says Speaker Casey. “We by majority decision, determined ing detail. think all Islanders will find the it would hear testimony from its calendars interesting for historical The Third Session of the chair on the issue of a local hog and heritage reasons. Our culture Fifty-Sixth Legislative Assembly processing plant which had re- is present in every nook and prorogued on the morning of ceived public money. Their ratio- cranny of the buildings. The November 17. The standings in the nale was that the chair had specif- architecture is just impressive.” House heading into the new ses- ic knowledge of the file due to his sion are: Liberals, 33; Progressive position as minister of agriculture The Legislative Assembly will Conservatives, 22. in the former administration. The be prominent also in note cards, committee will present its report Donald J. Forestell postcards and two sets of lim- on this matter in the fall of 2009. Clerk Assistant and ited edition stamps–all bearing Clerk of Committees images taken of the Legislative

50 CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 Assembly, Province House, the was intense, with arguments in Tapiriit Kanatami gave the seventh Coles Building, and the J. Angus favour of permitting members of National Symons Lecture on the MacLean Building, “the places the social media to join the press State of Canadian Confederation where history happens everyday, gallery centering on freedom of on November 3, 2009. Ms. Simon and where our members and staff speech issues, along with benefits has devoted her life’s work to do their jobs,” says the Speaker. of increasing accessibility for the gaining further recognition of general public. In opposition, Aboriginal rights and to achieving Order of PEI the president of the press gallery, social justice for Inuit and other who is also the senior political re- Aboriginal peoples nationally and The 2009 recipients of the Order porter for the Charlottetown daily internationally. of Prince Edward Island were newspaper, asserted that similar honoured at a special investiture organizations across the country The annual lecture, named ceremony at Government House do not grant membership to blog- in honour of Trent University on October 1, 2009. gers, lobbyists or special inter- emeritus professor Thomas H. B. est groups. The legislative press Symons, a pioneer in the field of Chancellor of the Order, gallery dates from April 1971, Canadian studies, was established Lieutenant Governor Hagerman, when a motion was passed in the to provide a national platform conferred the honour on the Prince Edward Island Legislative to discuss the current state and following individuals:Wilma Assembly resolving that the future prospects of Canadian Hambly, Charlottetown; Elmer members of the gallery shall be confederation. As part of the day’s MacDonald, Augustine Cove; and accredited representatives of events, Speaker Casey hosted Frank Zakem, Charlottetown. bona fide news reporting media. a reception at Province House following the lecture. The honour is awarded annually Accreditation confers a number of privileges, including use of a to recognize those Islanders who Indemnities Commission have shown individual excellence media room in Province House, or demonstrated outstanding and access to politicians for inter- views in certain designated areas. The three-member Indemnities leadership in their community and Allowances Commission and in their chosen occupation is continuing with its review of or profession. It is the highest Commonwealth Parliamentary Association salaries and benefits of Members honour that can be accorded of the Legislative Assembly. The a citizen of the Province and At the Fifty-fifth Commonwealth Commission’s authority arises is facilitated through a public Parliamentary Conference held from a 1994 amendment to the nomination process. Not more in Tanzania from September 28 Legislative Assembly Act, which than three individuals are selected to October 5, 2009, the Executive established the independent each year by an independent Committee of the CPA elected commission for the purpose of nine person Advisory Council Kathleen Casey, MLA, Speaker reviewing the salaries and benefits as appointed pursuant to the of the Prince Edward Island of Members, and reporting its Provincial Emblems and Honours Legislative Assembly, as its decisions to the Speaker each Act. The honour was conferred Vice-chairperson for the coming year by the first of December. The for the first time in 1996 at which year. The Vice-chairperson is decisions of the Commission are time six individuals were invested an Officer of the Association binding. in the Order of Prince Edward who serves on the Coordinating Island. There are now forty-eight Committee and chairs the Girl Guide Parliament Members of the Order. Executive Committee’s Planning and Review Subcommittee which Preliminary plans are underway Social Bloggers and the Press reviews past and ongoing CPA to hold Prince Edward Island’s Gallery projects and services and plans for first Girl Guide Parliament. future activities. Provincial Commissioner, Members of the press gallery Michelle MacDonald, a former of the Prince Edward Island Symons Lecture page in the Prince Edward Island Legislative Assembly voted to Legislative Assembly and the exclude bloggers from their orga- Mary Simon, President of the Senate of Canada, has a keen in- nization at a public meeting held national Inuit organization Inuit terest in introducing the next in October. Debate on the issue

CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 51 generation of young politicians to consider the Annual Report the Legislative Assembly. of for the year ending December 31, 2003, Security at Province House which deals with certain matters arising from the 1999 general A small explosive device, election, and that the Legislative constructed of aerosol cans and Assembly of Manitoba call wit- sparklers, detonated outside the nesses, including Tom Milne, Hon. George Coles Building, David Asselstine and other located adjacent to Province Manitoba relevant witnesses to testify at House, on August 19, 2009. There the committee, and to compel were no injuries and no serious production of documents and rd damage was done. Charlottetown he House rose from the 3 records in the possession of any th City Policy reacted quickly Tsession of the 39 Legislature witnesses, and have the com- and a suspect was arrested. on October 8, 2009. A number mittee continue to meet without Nonetheless, the incident of government bills passed and time limit until all outstanding caused staff and Members of the received Royal Assent this session, questions are answered regard- Legislative Assembly to reflect including: ing the 2003 annual report. on the challenges of balancing • Bill 9 – The Social Work Profession After two hours of debate on security and accessibility for Act, which replaces the Manitoba this issue, the House defeated the visitors to the parliamentary Institute of Registered Social Workers Incorporation Act, and provides for motion on a recorded vote of Yeas precincts. the regulation of the social work 15, Nays 29. profession. Distinguished Visitors On October 8, 2009 the House • Bill 16 – The Police Services Act, agreed to extend the reporting Speaker Casey welcomed delegates which would introduce civilian oversight and an independent deadline for the Special Committee of the Canadian Superior Courts investigation unit. on Senate Reform to allow further Judges Association (CSCJA) to time for the drafting of the final • Bill 35 – The Municipal Conflict of Province House on September report. On November 9, 2009 the 1, 2009. Yorman Elron, Counsel Interest and Campaign Financing Act, which included the following Committee met and, after some General of Israel to Canada, met provisions: discussion, agreed on division to with Speaker Casey on September adopt a report and submit it to the 16, 2009. On September 23, 2009, ▫▫ Making the annual statements Speaker for tabling in the House. Dr. Abrahma Nkoma, High of assets and interests filed by Commissioner for the Republic municipal councillors under The Municipal Council Conflict Committee Activity of South Africa, accompanied of Interest Act available for by several officials, toured the public inspection; The Standing Committee on Public legislative building. In addition, a Accounts met on several occa- study tour consisting of a number ▫▫ Governing election campaign sions in September and October to financing for municipalities of Russian officials, along with outside ; and consider reports from the Auditor their interpreters, visited the General covering a range of topics “Cradle of Confederation” in ▫▫ Amending the election cam- including: September. paign financing regime for the City of Winnipeg. • First Nation Gaming Accountability Marian Johnston On September 24, 2009 the Clerk Assistant and Leader of the Official Opposition • Audit of Workplace Safety and Clerk of Committees Hugh McFadyen moved the fol- Health lowing Opposition Day Motion: • Compliance with Oil and Gas Legislation THAT the Legislature ask the Government House Leader to • Image Campaign for the Province call a meeting of the Standing of Manitoba Committee on Legislative • Employment and Income Affairs as soon as possible to Assistance Program

52 CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 • Investigation of Maintenance New Premier Cabinet Changes Aboriginal and Northern Affairs, Branch of the Manitoba Housing and Deputy Premier Authority On August 27, 2009 Premier • , Minister of • Audit of the Child and Family announced his res- Infrastructure and Transportation Services Division Pre-Devolution ignation after ten years in that Child in Care Processes and office. The following day Prime • , Minister of Healthy Practices Minister Stephen Harper appoint- Living, Citizenship and Youth • Property Transactions in the Seven ed Mr. Doer as Canada’s next • , Minister of Oaks School Division Ambassador to the United States. Entrepreneurship, Training and On October 8, 2009, Premier Trade • Examination of the Crocus Doer’s last day in the House, Investment Fund • , Minister of Members paid tribute to him with Innovation, Energy and Mines speeches and by singing a tradi- tional Ukrainian song of salute. • , Minister of In light of recent allegations Education made by a former external con- Three cabinet Ministers re- sultant to Manitoba Hydro, on signed their positions to run in • , Minister of Local Government October 21, 2009 Finance Minister the leadership race to succeed announced a Mr. Doer, Steve Ashton, Greg The Fourth session of the 39th government request for the Office Selinger and . Legislature began on November of the Auditor General to con- 30, 2009 with a Speech from the duct a special audit of Manitoba On October 19, 2009 Mr. Throne. Hydro’s risk management. In Selinger was sworn in as the 22nd . On response to the suggestion that Rick Yarish her time on the Manitoba Hydro November 3, 2009 the new Premier Clerk Assistant/ Board of Directors prior to her ap- announced a cabinet shuffle, Clerk of Committees pointment as Auditor might pos- making a number of changes to sibly be seen as a potential conflict the Executive Council including of interest, Auditor General Carol installing three new Ministers: Bellringer made a statement at the • Jennifer Howard, Minister of October 21, 2009 Public Accounts Labour and Immigration and meeting detailing a number of Minister responsible for persons safeguards her office will be im- with disabilities plementing for this audit to avoid perceptions of conflict of interest. • , Minister of Conservation and Government The safeguards include seeking House Leader out a former Legislative Auditor from another jurisdiction to over- • , Minister of see the entire process. The audit Culture, Heritage and Tourism he First Session of the Thirty- continues to receive public atten- Other changes to the cabinet tion. Tninth Parliament opened on included: August 25, 2009. The first order The Standing Committee on of business was the election of Legislative Affairs met in October • Rosann Wowchuk, Minister of Finance and Deputy Premier the Speaker. Running unopposed, to consider the Report and Bill Barisoff was re-elected as Recommendations of the Judicial • Andrew Swan, Minister of Justice Speaker – the first MLA to serve Compensation Committee and Attorney General in the position over consecutive dated June 25, 2009. The • , Minister of parliaments since the mid-1980s. Standing Committee on Crown Agriculture, Food and Rural Linda Reid, a Member since Corporations met in November to Initiatives 1991 and now the “Dean of the consider outstanding reports from Legislature,” was appointed Manitoba Hydro. • Kerri Irvin-Ross, Minister of Housing and Community Deputy Speaker and opposition Development member Claire Trevena was appointed Assistant Deputy • Eric Robinson, Minister of Speaker.

CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 53 Throne Speech to the Ministry of Health Services Amendment Act, 2009 strengthens over three years; the civilian oversight of the prov- The Throne Speech, presented ince’s municipal police forces and • an increase in per-student funding provides B.C.’s Police Complaint by Lieutenant Governor Steven for K-12 students; and Commissioner with increased Point, emphasized steps the powers. B.C. government will take to • a $151 million increase over three strengthen the economy to create years in funding for social assis- • Bill 9 – Wood First Act requires tance programs. jobs, improve and protect vital provincially funded buildings and projects to use wood as their services and manage taxpayer In addition to the introduction primary construction material. dollars prudently to avoid of the HST, the September Budget burdening future generations with Update included increases to the • Bill 16 – Body Armour Control Act unaffordable debt. The Throne requires persons not employed Medical Service Plan premiums in law enforcement to obtain a Speech formally announced paid by individuals and families. permit before purchasing body British Columbia’s intention to To offset some of proposed tax in- armour, and also regulates the harmonize the provincial Social creases, the small business income sale of body armour. Services Tax with the federal tax threshold was increased to Goods and Services Tax, effective $500,000, and the basic personal Ministerial Statement July 1, 2010. income tax credit was increased to On October 29, Premier Gordon $11,000. In reply to the Throne Speech, the Campbell gave a ministerial Leader of the Official Opposition, Finance critic Bruce Ralston statement to mark the beginning Carole James, observed that observed that the September of the Olympic torch relay and the move to implement the HST budget was dramatically different the hosting of the 2010 Winter came quickly after the election, than the February 2009 pre-election Olympics and Paralympics in and argued that the government budget that had anticipated an British Columbia. Over the course lacked a mandate from British “unrealistic” deficit, according of the relay, the torch will visit Columbians to introduce the to several leading economists more than 1,000 communities new tax. She also stressed the in the province. Claiming that and places of interest; be carried Opposition’s priority areas for the the September budget “lays by 12,000 torchbearers and travel session: improving access to post- out yesterday’s solutions to more than 45,000 kilometers. secondary education, addressing tomorrow’s problems,” he also Premier Campbell acknowledged child poverty and developing chastised the government’s move the contributions made to the strategies to promote economic to offer a new regressive sales tax Olympic bid by former premiers stability in the forestry sector. and hikes to Medical Services Plan Glen Clark, Dan Miller and premiums. Ujjal Dosanjh; the Winter Games’ September Budget Update 2009 Chief Executive Officer John Legislation Furlong; and the late Jack Poole, On September 1, 2009, the the “father of the 2010 Winter Minister of Finance Colin Hansen At the time of writing, the fol- Olympics,” who passed away on presented the September Budget lowing bills of note had received October 23. Update 2009/10 to 2011/12 and Royal Assent during the First Estimates for the current fiscal Session: Opposition Leader Ms. James year. In response to a “sharp added comments of support on decline in taxation and natural • Bill 4 – Wills, Estates and Succession behalf of her party regarding resource revenues,” the Finance Act modernizes the law of wills, the Olympic torch relay event. estates and succession and replace Speaking as the local MLA Minister announced revised four existing pieces of legislation. deficit forecasts of $2.8 billion in for Victoria-Beacon Hill, she 2009/10, $1.7 billion in 2010/11, • Bill 6 – Insurance Amendment Act, expressed her pride that her and $945 million in 2011/12. Other 2009 harmonizes insurance-related community had been chosen as the highlights in the budget include: legislation with the Province of site for the inaugural ceremony. so as to protect consum- ers. • capital investments of $7.4 billion Technological Innovations in 2009/10, $7.7 billion in 2010/11 • Bill 7 – Police (Misconduct, and $6.5 billion in 2011/12; Complaints, Investigations, Three new technologies have Discipline and Proceedings) • an 18 percent increase in funding been introduced during the First

54 CANADIAN PARLIAMENTARY REVIEW/WINTER 2009 Session. To allow Members to process. To encourage a broad- invited potential participants to better listen to proceedings in the er spectrum of participation in submit audio or video files as evi- main chamber, all Members’ desks the consultation process, the dence for the Committee’s delib- have now been furnished with Committee successfully piloted erations. new audio headsets. Two other two videoconferencing hearings innovations relate to the work of as a means to hear from witnesses Jonathan Fershau the Select Standing Committee on in six remote locations while the Committee Research Analyst Finance and Government Services Committee met in Victoria. For and its annual budget consultation the first time, the Committee also

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