Legislative Reports

and efficiencies in government position by the end of the first quar- departments; ter. • elimination of duplication and Speaker’s Ruling overlap; • redirection of realized savings to On April 2, Opposition House front-line care and services; Leader Kelly Lamrock (MLA for • a balanced budget for 2004-2005 Fredericton-Fort Nashwaak), in ris- with a modest reduction in net ing on a question of privilege cited debt of $2.4 million. media reports that the government had begun to reduce the number of The Minister noted that the bud- positions in the civil service, as out- New Brunswick get will be balanced over the lined in the government’s budget. four-year period 2000-2001 to The Member submitted that by tak- he first session of the Fifty-fifth 2003-2004 with an anticipated cu- ing this action, prior to the budget TLegislature which adjourned mulative surplus of $161.8 million, being considered and approved by December 19, 2003, resumed on in accordance with balanced budget the House, the government has ei- March30whenFinanceMinister legislation – the first time that the ther breached the rule of anticipa- Jeannot Volpé (MLA for balanced budget legislation has tion, or had obstructed or impeded Madawaska-les-Lacs) delivered the been met over a four-year cycle. the House in the performance of its 2004-2005 budget address. The In his response to the 2004-2005 functions, which had resulted in an Minister noted that the first budget Budget, Opposition Leader and Fi- offence against the authority or dig- of this Legislature was sending a nance Critic Shawn Graham (MLA nity of the House. clear message: “we must live within for Kent) criticized the government In a decision delivered April 7, our means and we must focus on for failing to outline its vision in a Speaker Bev Harrison (MLA for priorities.” He stated that the bud- new Throne Speech. He noted that Hampton-Belleisle) noted that get continues to invest in the top pri- the House had sat only 16 days since Members are free to debate and crit- orities of New Brunswickers: health the June 2003 election and the gov- icize the budget and to approve or and senior care, education and chil- ernment had limited its legislative reject the estimates for each depart- dren, jobs and prosperity. The Min- agenda to a two-page speech on in- ment and are not obstructed or im- ister noted that the budget provides surance. He also criticized the gov- peded in the performance of their more money in the classroom and at ernment's lack of transparency for duties. the bedside, and less on administra- changing the way civil service em- Legislation tion. ployees are accounted for, noting that the new workforce profile will On March 31, Brenda Fowlie, Min- The 2004-2005 Budget includes: no longer show department FTEs ister of the Environment and Local • record levels of spending on and fiscal year changes. He claimed Government (MLA for health and senior care ($2.06 bil- that the budget was vulnerable as it Kennebecasis) introduced an lion) and education ($1.15 bil- was based on revenue projections amendment to the Clean Water Act lion); that were too optimistic, a health which proposed to provide munici- • key investments in the Prosperity budget that was far too low, and pal employees with the authority to Plan for innovation, learning and wage freezes that might never hap- issue exemptions from the Wellfield small business; pen. Mr. Graham predicted that the Protected Area Designation Order,to • no new taxes and no tax in- government would be in a deficit streamline the application of the or- creases; realization of savings der at the local level, delegating mu-

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 43 nicipal employees with the 2.2 The Minister of Finance youth; ensure that the voices of would provide an updated authority to issue exemptions, thus statement of the province’s fi- children and youth are heard in the improving administrative effi- nances to the Auditor General political process generally; and re- ciency. within 60 days of the end of port directly to the Legislative As- each quarter of the fiscal year. The Wellfield Protected Area Desig- The Auditor-General would sembly much in the same manner as nation Order helps safeguard the then forward a copy of these the Ombudsman. The Bill has re- drinking water supplies of munici- statements to the Legislative ceived first and second reading. Assembly along with any com- palities that rely on groundwater as ments he or she feels neces- Committees their primary source of drinking sary. water. The order identifies the list of The Bill was defeated at the sec- The Standing Committee on Crown land use activities that can either be ond reading stage. Corporations held four days of carried out or that are restricted at On April 20, Minister of Justice hearings in March to review issues varying distances from the produc- and Attorney General Brad Green, surrounding the agreement to se- tion wells of designated wellfields. QC (MLA for Fredericton South) in- cure a supply of Orimulsion at the Mrs. Fowlie also introduced An troduced the Securities Act.The Coleson Cove Generating Station in Act Respecting Sunday Shopping Minister stated that the new Act will Saint John. The Committee was which would allow municipalities provide a modernized securities charged with examining whether to decide whether retail businesses regulatory system that is harmo- there were any failures in the deci- open for Sunday shopping. The Bill nized with securities legislation in sion making process that led to the proposes to eliminate the require- other Canadian jurisdictions. As a court action against Venezuelan oil ment that municipalities apply to result, securities laws in New companies by NB Power. The Com- the Municipal Capital Borrowing Brunswick will be familiar to mar- mittee heard from 13 individuals, Board for an exemption to allow ket participants across Canada and including present and former offi- Sunday shopping and will em- regulation will be more consistent, cials of NB Power, the Department power municipal councils with by- fair and cost effective. The Bill will of Energy and other government law-making authority regarding provide operational flexibility departments. The Committee is re- retail opening on Sundays in their through an industry funded Crown viewing the transcripts from over jurisdiction. The proposed legisla- Corporation called the New Bruns- 40 hours of testimony and is ex- tive changes will also prohibit retail wick Securities Commission made pected to report back to the House businesses from being open on any up of a quasi-judicial tribunal and a with its findings. of New Brunswick’s prescribed separate operational tier of perma- On April 2, 2004, the Select Com- days of rest, unless otherwise ex- nent, specialized staff. The Bill has mittee on Public Automobile Insur- empted under the Days of Rest Act. two thrusts: to encourage confi- ance chaired by NDP Leader During the session, Opposition dence and investment in New Elizabeth Weir (MLA for Saint John Leader Graham (MLA- Kent) intro- Brunswick business and to protect Harbour) tabled its final report. The duced the Fiscal Transparency Act, investors. The establishment of the Committee was asked to look at the which proposed a two-pronged ap- New Brunswick Securities Com- various public automobile insur- proach to the province’s financial mission fulfills a major commitment ance systems in Canada and iden- accountability: made by government. tify the most suitable model of On April 21, Opposition Leader public automobile insurance to en- 1. The Auditor General would Graham introduced the Child and sure fair, accessible and affordable undertake a financial review Youth Advocate Act noting that such automobile insurance for all New of the provincial finances at the three and a half year mark an advocate was a key recommen- Brunswickers, in the event a deci- of a government’s term and dation in the child welfare report sion is made to move to a public sys- present a report within 60 days Children Come First. The Bill pro- tem. to ensure that voters and Op- position parties have the most poses a child advocate who would Among other things the Report up-to-date and impartial fi- inform the public and government recommended a made-in-New nancial information before of the needs and rights of children Brunswick model of public auto- heading to the polls. In the case where an election is not and youth; ensure that adequate mobile insurance that offers exten- called at the four-year mark, services are provided to children sive coverage at an affordable rate the Auditor General would be- and youth; advise the government for all drivers with: gin another financial review at the four and a half year mark. on services affecting children and

44 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 • no reference to age, gender, mari- the public through the local com- bated during this period, with two tal status, territory, payment his- munity programming. The daily receiving Royal Assent on March tory or lapses in insurance to determine insurance costs; Question Period will not be carried 11, 2004: live; it will be aired on the commu- • rates to be determined by driving nity cable channels across the prov- • Bill 7 – The Criminal Property For- record, vehicle usage, vehicle ince at 4 p.m. each day that the feiture Act – enables a police chief make and model, optional cover- or the commanding officer of the age purchased; legislature is in session. RCMP in Manitoba to apply to The Legislative Assembly is • oversight of the public utilities the Court of Queen's Bench for an board for mandatory and op- working in consultation with Rog- order forfeiting property to the tional insurance rates; pure, ers Cable, Rogers Television and government. Property may be no-fault injury benefits with no Télévision Rogers staff to determine forfeited if the judge is satisfied option to sue; that it was acquired as a result of the feasibility of launching an inde- unlawful activity or it is likely to • drivers licences to continue to be pendent New Brunswick provincial be used to commit certain unlaw- sold by Service New Brunswick; legislature television service, avail- ful activities. • vehicle registration and insur- able to both cable and satellite tele- • Bill 8 – The Employment and Income ance sold through brokers and vision distributors. This service Assistance Amendment Act agents at a 7 per cent commission; would provide coverage of legisla- (One-Tier Assistance for Rural and Northern Manitoba) – • mandatory vehicle coverage, ad- tive proceedings from prayers to daily adjournment, and would also amends the original Act so that ditional injury and income re- the provincial government can placement benefits, third-party include committee proceedings. assume responsibility for provid- liability coverage and collision, An independent provincial legis- ing assistance to people who used theft and comprehensive sold by to receive assistance from munic- the Crown corporation through lature television service would con- tinue the 1988 initiative of televising ipalities. The Bill contains transi- private sector agents and brokers; tional provisions to deal with the proceedings of the House. In the • additional injury and income re- issues that will arise when re- placement benefits and interim, online webstreaming of sponsibility for assistance is third-party liability coverage to House proceedings (video and au- transferred from municipalities. be sold by private insurers in dio) is available on the assembly’s The House recessed from March competition with the Crown cor- website. 11 to April 14, 2004 when the full poration. Following a four-week sitting, the spring session commenced. House was adjourned on April 23 Budget Pairing Book until May 4, 2004. Standings in the House are: 28 Progressive Conser- Finance Minister Greg Selinger During the spring sitting and for the vatives, 25 Liberals, 1 New Demo- (NDP - St. Boniface) delivered the first time in recent history, Mem- crat, and 1 vacancy. firstbudgetofthegovernment's bers made use of a “Pairing Book,” second mandate on April 19, 2004. maintained at the table in accor- Diane Taylor Myles The total operating expenditure for dance with an earlier recommenda- Researcher the 2004-2005 Budget came in at tion of the Standing Committee on $7.5 billion, an increase of 2% over Procedure, to indicate that they 2003-2004. Highlights of the bud- would not take part in certain re- get, as outlined in a government corded divisions in the House. The news release, included: Members honoured their pairing arrangement; however, the Speaker • The first budget in the history of was not called upon to break a tie. Manitoba's balanced budget leg- The last time that the Speaker was islation projected to balance and required to give a casting vote was pay down debt without drawing on the Fiscal Stabilization Fund; on August 5, 2003. Manitoba Television • Continues with personal income tax, property tax and business tax he Second Session of the 38th cuts that have totalled $385 mil- Effective March 30, 2004, Question TManitoba Legislature resumed lion annually since 2000; Period became the only part of the on March 1, 2004 with a two week • Continues with strategic health assembly’s proceedings available to sitting. A number of Bills were de- care investments to address wait

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 45 times, improve emergency room concurrent sections of the Commit- service, and ensure an adequate tee of Supply. Our recently revised supply of health care profession- als; Standing Orders allow for a maxi- mum of 100 hours for consideration • Creates new opportunities for of the departmental expenditure es- youth through a new graduate scholarship program and by con- timates. This extended debate will tinuing the tuition rebate at col- consume several weeks of House leges and universities, keeping business before MLAs focus their n March 23, 2004, in answer to a tuition 10 per cent lower than attention fully on the consideration request made by the Action 1999. O of Legislation for the remainder of Démocratique du Québec Member the Spring Session. for Chutes-de-la-Chaudière, the On April 20, 2004, Leader of the Intersessional Bill Committees President gave the following direc- Official Opposition Stuart Murray tive concerning the effects of the ar- (PC - Kirkfield Park) moved an In a departure from usual practice, rival of a fifth independent Member amendment to the main motion several Bills were referred for Com- on the allocation of speaking time: stating that the Budget failed to pro- mittee consideration during the vide Manitobans with any vision or winter intersessional periods in • as regards Oral Questions and hope. Mr. Murray's motion de- Answers, the Chair, while basing February and March of 2004. Gen- scribed a number of failures in the its decision on precedents, will erally in Manitoba, Bills are referred budget, including: continue to grant two questions per five sittings to the independ- • Failing to provide a long-term for committee consideration during ent Members. These questions economic plan to grow the econ- the months when the House is in will be allotted to the independ- omy and create real and lasting session. This year however, six Bills ent Members as a group, regard- jobs; were referred during this period to less of their political affiliation; • Failing to provide a long-term tax two different meetings of the Legis- • as regards the speaking time reduction strategy; lative Affairs committee. One of the granted to the independent • Failing to address the need to meetings included public presenta- Members during limited debates, have bold, innovative and mean- tions from concerned citizens and there is no reason to change the ingful reform in health care; and all six Bills were reported back to the general rule according to which House for Concurrence and Third the global speaking time is allot- • Failing to provide adequate sup- ted to these Members as a group. ports to Manitoba's agricultural Reading. sector Sessional Calendar Finally, the Chair reserved the possibility of further addressing the Jon Gerrard (Independent Lib- Under the provisions of our new question on the basis of the actual eral - River Heights) moved a sessional calendar the Manitoba impact that the arrival of a fifth in- sub-amendment to Mr. Murray's Legislature may not sit past the dependent Member could have on amendment on April 22, 2004, ex- Thursday of the second full week of the use of speaking time that is allot- pressing concern over failures in the June. The House may sit again from ted to the independent Members. areas of water stewardship and the first Monday after Labour Day sports funding as well as the general to the Thursday of the first full week Colloquia, Seminars, Conferences management of the province's fiscal of December. resources. At the time of writing there are 50 From February 21 to 29, 2004, the The non-confidence motions Bills listed on the Order Paper for National Assembly welcomed a were both defeated in the House at consideration at various stages of delegation of four Moroccan parlia- the end the eight day of budget de- the legislative process. mentarians: Member Driss bate on April 28, 2004, while the Lachgar, head of the delegation, as main budget motion carried during well as three vice-chairmen of the the same sitting. House of Representatives of Mo- rocco, namely Messrs. Rachid Departmental Estimates Medouar, Ahmed Lakir and Rick Yarish Mohamed Mouhib. They were ac- Once debate on the budget con- Clerk Assistant / companied by two directors of the cluded, consideration of the expen- Clerk of Committees House of Representatives and two diture estimates began in three

46 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 delegates of the National Demo- had the chance to learn more about • the manifesto of an association cratic Institute. the role of Members and about past going by the name of Constitu- tional Association of Montreal The Moroccan parliamentarians practice and customs relating to (Montreal, 1837). took part in some twenty delibera- parliamentary procedure and the The National Assembly worked tive meetings on the parliamentary, legislative process. together with the Quebec and Fed- institutional and administrative or- Among the bills that were drafted eral institutions committed to con- ganization and proceedings of the and proposed by the students, three serving the political heritage in National Assembly. were chosen to be introduced and order to safekeep within public col- On the occasion of International debated. The first proposed the cre- lections the most valuable elements Francophonie Week, which was ation of youth communication orga- of this important collection. held from March 14 to 20, and in the nizations, the second dealt with the In March 2004, an official an- wake of Commonwealth Day, abolition of general training at the nouncement was made confirming which was observed last March 8, college level, while the third bill the classification as historical prop- several Quebec parliamentarians concerned certain specific measures erty of the collection containing welcomed in their ridings diplo- to ensure the quality of water. The 3660 brochures and rare books con- mats from member countries of the latter bill was adopted by the mem- stituted by Pierre-Joseph-Olivier Francophonie and the Common- bers of the Second Legislature. Chauveau (1820-1890). Author and wealth. During these meetings, the Political Heritage political figure of the 19th century, Quebec parliamentarians and their recognized for his contributions to guests exchanged information per- Last January, at the auction of the literature, the public administration taining to their various fields of ex- Rosanna Seaborn collection, the and education, Mr. Chauveau was pertise. National Assembly acquired histor- the first Premier of Quebec Close to 140 participants hailing ical documents relating to the Pa- (1867-1873). from 26 Quebec general and voca- triots and the Rebellions of 1837 and This collection, the oldest of the tional colleges took part in the 1838. National Assembly, was acquired Twelfth Legislature of the Student The following documents will in 1892 and includes valuable edi- Forum, a parliamentary simulation thus be added to the impressive col- tions of famous European printers, which took place from January 11 to lection of historical documents re- including Albe, Elzévir, Estienne, 15, 2004 at the Parliament Building. lating to the Patriots belonging to Jenson and Crispin, books dating Of this number, over one hundred the National Assembly after being back to the 15th and 16th centuries, played the role of Members of the analyzed, catalogued and, if need works written in Amerindian lan- National Assembly. be, restored in the coming months: guages, books of sermons given by During the Legislature, the par- Protestant preachers, as well as liamentarians of the Student Forum • a speech by Louis-Joseph works written by Chauveau him- drafted a budget statement and Papineau delivered at the Institut self. Remarkable owing to its size canadien de Montréal in 1867; ministerial statements, took part in and rarity, the collection represents the oral question periods and intro- • a document entitled Àtousles an important contribution to the in- duced three bills. The proposed leg- électeurs du Bas-Canada (Quebec, tellectual history of 19th century 1810); islation concerned the rights and Quebec and a collective wealth, obligations of citizens, public trans- • a brochure including the text of henceforth classified as historical portation and a Quebec natality pol- the 92 resolutions (Quebec, 1834); property and registered in the Qué- icy. The college students had the • a compilation of British parlia- bec register of cultural property. opportunity of examining these mentary documents on the union Membership bills in committee before giving ofUpperandLowerCanada them final passage after a debate in (London, 1840); The Member for Nelligan, Russell the National Assembly Room. • the report on the trial of Member Williams, resigned on March 9, On February 19 and 20, 2004, 76 and Patriot Joseph Cardinal (Montreal, 1839); 2004. A Member of the National As- Secondary 3 and 4 students from 19 sembly for close to 15 years, Mr. • a document entitled Report from high schools in a dozen regions of Williams was vice-chairman of the Quebec took part in the Second Leg- the Select Committee on the Civil Government of Canada (London, Quebec Section of the Eastern Re- islature of the Young People's Par- 1829); gional Conference (ERC) of the liament. For two days, the students Council of State Governments and

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 47 Orders of Initiative and Statutory parliamentary assistant to the Min- Orders ous organizations, experts and citi- ister of Health and Social Services. zens concerned by electoral repre- He was appointed president of Can- sentation procedure, which will be Within the framework of its man- ada's Research-Based Pharmaceuti- the topic of upcoming debates. date on food safety in Quebec, the cal Companies (Rx&D) on March Finally, the Committee carried out a Committee on Agriculture, Fish- 31, 2004. Since March 16, 2004, the mission in Northern Quebec in Feb- eries and Food received 80 briefs Liberal Member for Mégantic- ruary 2004. Eight Committee mem- and heard 49 individuals and orga- Compton, Daniel Bouchard,has bers met with members of the Cree, nizations. The Internet site of the been sitting as an independent Inuit and Jamesian communities in Committee enabled citizens to take Member. Finally, on April 28, Marc the Chibougamau, Nemiscau, part in the proceedings via an Bellemare resigned as Minister of Radisson and Kuujjuaq regions. on-line consultation using a form Justice and Member for Vanier. The The Committee thus reviewed the containing 21 questions. One hun- membership of the Assembly now implementation and future pros- dred and twelve citizens submitted stands as follows: Quebec Liberal pects of the Northern Québec De- their opinion to the Committee. The Party 73, Parti Québécois 45, inde- velopment Policy, which dates back tabling of the final report is sched- pendent Members 5 and two vacant to 2001, and of the agreements uled for the month of June 2004. seats. signed with the Cree and Inuit Na- Within the framework of its or- tions in 2002 (Paix-des-Braves and Passing of Claude Ryan ders of surveillance of agencies, the Sanarratik). Committee on Public Finance heard Claude Ryan passed away on Feb- the chief officers of the Commission The Committee on Labour and ruary 9, 2004. Member for administrative des régimes de the Economy heard the chief offi- Argenteuil from 1979 to 1994, Mr. retraite et d'assurances (CARRA) cers of the Fonds national de forma- Ryan held several important parlia- and those of Investissement Que- tion de la main-d'œuvre to examine mentary and ministerial offices. He bec. The Committee also held spe- its financial statements and its latest was elected Leader of the Quebec cial consultations to hear several annual reports, pursuant to the Act Liberal Party on April 15, 1978 and persons concerned by these two to foster the development of manpower was Leader of the Official Opposi- governmental agencies. training. tion from May 9, 1979 to August 10, The Committee on Culture con- Finally, the Committee on Public 1982. In the Bourassa and Johnson tinued its public hearings as part of Administration carried out the fol- cabinets (Daniel junior), between a general consultation on the docu- lowing accountability mandates: to 1985 and 1994, he was Minister of ment entitled Reforming Access to In- hear the chief officers of the Centre Education, Minister of Higher Edu- formation: Choosing Transparency. de conservation du Québec on the cation and Science, Minister respon- After having heard some forty orga- annual management report sible for the application of the nizations last fall, the Committee 2002-2003 of this Government Charter of the French Language, Min- members held close to a dozen de- agency (the members also visited ister of Public Security and Minister liberative meetings to prepare the fi- the facilities of the Centre, whose of Municipal Affairs. nal report that is to be tabled this mission is to contribute to the pre- spring and that will address the var- ventive conservation and restora- Johanne Lapointe ious issues related to the protection tion of the architectural heritage of Secretariat of the Assembly of personal information and access Quebec); to hear the Deputy Minis- to information. ter of Health and Social Services Committees concerning mental health services; The Committee on Institutions to hear the Deputy Minister of Nat- heard the Minister for Canadian In- ural Resources, Wildlife and Parks At the beginning of 2004, the stand- tergovernmental Affairs and Native concerning the document entitled ing committees carried out several Affairs during a deliberative meet- Étude benefice-coût de la Corporation orders of reference by the Assembly ing in order to discuss the creation Innovation-papier; to hear the Dep- as well as orders of initiative and of the Council of the Federation. uty Minister of the Environment statutory orders. Also, the Committee has decided to concerning water monitoring and place on the Internet site of the Na- control. tional Assembly the 134 briefs sub- mitted in the course of the previous Legislature (in March 2003) by vari-

48 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 Orders of Reference by the Assembly the Code of Civil Procedure as regards to determine the length of the sit- the determination of child support ting. On April 5 the government payments (13 groups heard). House leader, Peter Jenkins The standing committees held sev- (Klondike, Yukon Party) informed eral public consultations this winter During two full days, the Com- the Assembly that the House lead- pursuant to orders by the Assem- mittee on Labour and the Economy ers could not reach agreement on bly. heard the head officers of Hy- the length of the sitting. As a result The Committee on Education dro-Québec in order to examine its the Speaker, Ted Staffen, declared, held a general consultation on the strategic plan 2004-2008. pursuant to Standing Order 75(3), issues surrounding the quality, ac- The Committee on Culture held a that the 2004 Spring Sitting would cessibility and financing of Quebec general consultation on the last 30 sitting days, the 30th sitting universities. This mandate stems three-year immigration plan day to be May 18, 2004. fromthedebatecurrentlyunder- 2005-2007 with reference to the doc- way on the financing of Quebec uni- ument entitled La planification des Legislation versities in comparison with other niveaux d'immigration 2005-2007. Canadian universities. A working This document proposes three sce- The government introduced six paper was published (contains narios with regard to the number of bills. These bills were: some forty specific questions) and admissions for this three-year pe- • Bill No. 8, Third Appropriation Act, 2003-04; 92 individuals and organizations riod. The Committee heard 50 indi- submitted a brief. The Committee viduals and groups. • Bill No. 9, Interim Supply Appro- held 19 hearings during which 87 Finally, the Committee on Public priation Act, 2004-05; briefs were presented. Finance held a general consultation • Bill No. 10, First Appropriation Act, As regards the Committee on So- on the document entitled Report 2004-05; cial Affairs, three consultations from the working group on the Québec • Bill No. 43, Act to Amend the In- were held on the following subjects: Government's role in venture capital. come Tax Act Bill 11, concerning intercountry Eighty briefs were presented and 61 • Bill No. 44, Act to Amend the Mu- adoption (2 individuals and groups individuals and groups were heard nicipal Finance and Community heard), the working paper entitled by the Committee. Grants Act; and Adapting the Pension Plan to Quebec's • Bill No. 45, Act to Amend the As- new realities (29 individuals and Robert Jolicoeur sessment and Taxation Act. groups heard), and Bill 38, concern- Secretariat of committees Two private member's bills were ing the Health and Welfare Com- Translation: Sylvia Ford also introduced. The leader of the missioner (27 individuals and Secretariat of the Assembly third party, Pat Duncan (Porter groups heard). Creek South, Liberal), introduced The Committee on Institutions Bill No.103, Heritage Fishing and held special consultations on Bills 4 Hunting Act. The leader of the offi- and 35, which amend the Act re- cial opposition, Todd Hardy specting administrative justice.The (Whitehorse Centre, NDP) intro- first bill in particular establishes duced Bill No. 104, Act to Amend the that proceedings brought before the Public Service Act. Administrative Tribunal of Quebec Bill No. 10, First Appropriation shall be heard and determined by a Yukon Act, 2004-05 single member, and the second bill Bill No. 10 is the government's main creates the Administrative Review he 2004 Spring Sitting of the Yu- Tribunal of Quebec. Seventy-one appropriation act for the fiscal year, Tkon Legislative Assembly be- 2004-05. The amount to be appro- groups were heard by the Commit- gan on March 25. Pursuant to tee with regard to these bills. The priated is $705.7 million, making it Standing Order 74 the government the largest budget in Yukon's his- Committee also was given the man- introduced all the bills it wanted to date to hold special consultations tory. see dealt with during this sitting by The Sitting got off to an unusual on the white paper on private secu- the fifth sitting day, April 1. Subse- rity in Quebec (9 groups had been start when, on the first sitting day, quently, pursuant to Standing Or- the official opposition House heard as at April 9, 2004) and on Bill der 75, the three House leaders met 21, which amends the Civil Code and leader, Gary McRobb (Kluane,

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 49 NDP) asked for the unanimous con- that the final cost could be double During debate at Second Reading sent of the Assembly to move a mo- that figure. A third point raised by on March 31 the minister responsi- tion of urgent and pressing opposition members was that ble for the Public Service Commis- necessity. The intent of the motion Dawson City was more in need of a sion, John Edzerza (McIntyre- was to suspend the Orders of the Day, sewage treatment facility than a Takhini, Yukon Party) introduced which was Second Reading of Bill bridge. Dawson City's current prac- an amendment. This was procedur- No. 10, the budget speech. Instead, tice of discharging effluent into the ally unusual in that amendments to Mr. McRobb proposed that the bill Yukon River, it was argued, is an bills are usually done at the commit- move directly to Committee of the environmental problem, but could tee stage. However this amendment Whole. At the root of Mr. McRobb's also cause legal or political prob- was in order as it proposed amend- request was his assertion that so lems given the existence of environ- ing the motion for second reading of many of the government's spending mental regulations and treaties with the bill, not the bill itself. priorities had become public the United States. Finally, the oppo- The effect of the amendment to knowledge by way of news releases sition argued that Mr. Jenkins, a for- the motion for second reading was that Second Reading was no longer mer mayor of Dawson City, had to send the bill to a select committee, necessary. Mr. McRobb did not re- exercised undue influence over the should it pass second reading. This ceive unanimous consent to move government's decision to give the is not the normal course for a bill in his motion. The Premier and Fi- bridge high priority. the Yukon Legislative Assembly. nance Minister, Dennis Fentie The issue has consumed a consid- Due to its small size (18 members) (Watson Lake, Yukon Party) deliv- erable amount of time during the bills are usually dealt with in Com- ered his budget speech later that Oral Question Period, and Commit- mittee of the Whole, rather than day. tee of the Whole debate on Bill No. special, select or standing commit- Of the $705.7 million the alloca- 10. It was also the subject of debate tees. tion that has proved most conten- on April 7 during government pri- In putting the amendment for- tious is the government's plan to vate member's business. At that ward government members argued spend $1.5 million for pre-planning time the Assembly debated a mo- that the bill was of such importance for the construction of a bridge tion brought forward by Brad that it required a more elaborate across the Yukon River at Dawson Cathers (Lake Laberge, Yukon process than for other legislation. City. In making this commitment Party) that urged the government to This process would allow for input the government said it was fulfilling carry through with the project. Op- from the Public Service Commis- an election promise. It also touted position attempts to amend the mo- sion, the government employees the economic benefits of a 'fixed tion by making the bridge's union, and the general public before link' that would tie the North construction contingent on the ap- the bill became law. Opposition Klondike Highway (Whitehorse to proval of a special committee or the members argued that the bill did DawsonCity)totheTopofthe prior construction of other infra- not require a different process and World Highway (Dawson City to structure (i.e., a sewage treatment that the amendment was an attempt the border with the United States). facility) have not been successful. to bury the bill. Opposition mem- The government also argued that Debate on the motion adjourned af- bers noted that Committee of the building a bridge would, in the long ter more than four hours. Whole can, by motion, hear from term, be more economical and less Bill No. 104, Act to Amend the witnesses. environmentally damaging than Public Service Act The amendment to the motion for maintaining the current ferry ser- second reading passed over the ob- vice. Bill No. 104 represents the official jections of the opposition. Debate at The opposition did not argue cat- opposition's attempt to bring in second reading on the motion as egorically against the bridge con- 'whistle blower' legislation. This in- amended stands adjourned. It is up struction. However, opposition volves adding a part to the Public to Mr. Hardy, as sponsor of the bill, members argued the government's Service Act that would provide a to bring it back for further consider- election promise was the study the process by which government em- ation on a day when opposition pri- construction of a bridge, not to build ployees could lodge complaints and vate members' business has one. They also said the govern- have them heard, and be protected precedence. ment's estimate for bridge construc- from retaliation. tion, $25 million, was too low and

50 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 Standing Committee on Public Unparliamentary Language Accounts tures continued to account for the largest share of the provincial bud- get at $428 million, or 40.2% of the On Thursday, April 15, 2004, the The Standing Committee on Public total expenditure of just over one Minister of Tourism, the Hon. Accounts held public hearings from billion dollars; followed by Educa- Philip Brown,quotedfroman February 3-5, 2004. These were the tion at $222.6 million, or 20.9% of email document during debate, im- first public hearings held by the the total. Tax measures included mediately prior to tabling it. Spe- Committee since 1999. Witnesses raising the capital tax on financial cifically, he read aloud the sentence, from government corporations, the corporations from 3% to 5%, in- “And any Liberal nose picking wel- Workers' Compensation Health creasing the gasoline tax and the fare crud who condemns him de- and Safety Board and Yukon Col- health tax on cigarettes. The Provin- serves to be loaded on a plane and lege appeared before the Commit- cial Treasurer also announced a sent to Moscow, where he can truly tee. The focus of discussion was comprehensive overhaul of the tax- live out his Socialist fantasy.” The each entity's mandate, the degree to ation regime, to be completed this Leader of the Opposition, the Hon. which this mandate is being ful- fiscal year, as part of an economic Robert Ghiz, rose on a point of or- filled and what performance mea- development strategy. der, calling the language used by surements are used to ensure the Retail Sale of Tobacco Products Mr. Brown in tabling the document mandate is being fulfilled. Other is- objectionable, and asking Mr. sues, such as accountability to the Brown to retract his remarks. Fur- Standing Committee on Social De- Legislative Assembly, stakeholders ther, Mr. Ghiz called for the Minis- velopment was directed by the Leg- and the public at large, were also ter's resignation for his implied islative Assembly in December 2003 discussed. The evidence provided support of the “racist, intolerant to hold public hearings across the at the public hearings is augmented and extremely offensive” contents province regarding the retail sale of by written responses to specific of the document. tobacco products and report its questions the Committee put to the The following day, the Minister findings back to the Legislature. operational heads of these entities apologized to the House for the ta- The Committee held six meetings to in advance of the public hearings. bling of the email document and plan its work, to hear presentations The Committee is currently drafting disavowed its contents but did not and to review written briefs. In to- its report, which it intends to table apologize for his use of the objec- tal, the Committee heard from 72 during the 200 4 Spring Sitting. tionable words. On the next sitting groups and individuals on this day, Mr. Speaker, Hon. Gregory J. topic. The Committee's report was Floyd McCormick Deighan, ruled the words used in tabled on April 20, 2004, and recom- Deputy Clerk debate to be unparliamentary and mended that legislation be intro- requested the Minister of Tourism duced as soon as possible to apologize, to which the Minister prohibit the sale of tobacco products complied. in municipal and provincial gov- ernment buildings, educational in- Staff stitutions, sports and recreational facilities, and all health facilities, in- Peter McQuaid, Chief of Staff to the cluding pharmacies and retail es- Premier, and Deputy Minister, re- tablishments located adjacent to, or signed effective April 6, 2004. Sub- within 20 metres of a pharmacy. sequently, Mr. McQuaid has Prince Edward Island Other recommendations included announced his intention to seek the adding a health warning to manda- Conservative Party of Canada nom- ination in the riding of Cardigan. n Tuesday, March 30, 2004, the tory signage for establishments sell- Mr. Patrick Dorsey has been named First Session of the Sixty-sec- ing tobacco products, and a O Acting Chief of Staff and Deputy ond General Assembly re-opened complete ban on tobacco displays Minister. for the Spring Sitting. by 2006. The complete report is The Hon. Mitch Murphy pre- available on line at www.assem- sented his first budget address as bly.pe.ca. Provincial Treasurer on March 30. Health and Social Services expendi-

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 51 Deputy Speaker on Executive Council Committee ation. It remains on the Order Two women and seventeen men Paper. were elected to serve as Members of the Second Legislative Assembly. As previously reported, on Novem- Youth Forum on Public Affairs ber 12, 2003, during debate on the Re-elected Members were: Peter motion for election of deputy Premier Pat Binns,Chairofthe Kattuk (Hudson Bay), Hunter speaker, the Honourable Leader of Council of the Federation, an- Tootoo (Iqaluit Centre), Ed Picco the Opposition requested that nounced in the Legislature on April (Iqaluit East), Paul Okalik (Iqaluit Speaker rule “as to whether or not a 27, 2004, that this summer, the West), Patterk Netser (Nanulik), conflict exists between an honour- Council of the Federation will bring Peter Kilabuk (Pangnirtung), able member serving as deputy together two participants from each Olayuk Akesuk (South Baffin), speaker while at the same time serv- province and territory across Can- Jobie Nutarak (Tunnuniq) ing on a cabinet committee.” In his ada for a Youth Forum aimed at in- Newly-elected Members were: ruling, Mr. Speaker referred the creasing youth engagement in Steve Mapsalak (Akulliq), Louis matter to the Standing Committee Canadian public affairs. The Coun- Tapardjuk (Amittuq), David on Privileges, Rules and Private cil of the Federation will cover all Alagalak (Arviat), David Simailak Bills, saying, “While I am guided by travel costs for the Forum to be held (Baker Lake), Keith Peterson, the Rules of this House with respect in Niagara-on-the-Lake, Ontario. (Cambridge Bay), Joe Allen to the matter, I feel that careful con- Participants (ages 19-22) will be se- Evyagotailak (Kugluktuk), Leona sideration of the question is war- lected through an essay writing con- Aglukkaq (Nattilik), Levi Barna- ranted by the Standing Committee test that will be administered in bas (Quttiktuq), Tagak Curley on Privileges, Rules and Private Prince Edward Island by IPAC, the (Rankin Inlet North), Levinia Bills in ensuring that members Institute for Public Administration Brown (Rankin Inlet South-Whale themselves have an opportunity for of Canada. Cove), James Arreak (Uqqummiut) input into defining the role and re- Messrs. Arreak, Barnabas and sponsibilities of the deputy speaker Marian Johnston Curley are former Members of the and in determining an acceptable Clerk Assistant and Clerk of Legislative Assembly of the North- level of independence and impar- Committees west Territories. Mr. Barnabas tiality for the office.” served a partial term of office in The Standing Committee on Priv- Nunavut's First Assembly. Mr. ileges, Rules and Private Bills met to Picco has been a sitting legislator in consider the matter and tabled its the NWT and Nunavut Legislatures report in the Legislative Assembly since 1995. on April 16, 2004. The Committee On March 5, 2004, the nineteen was of the opinion that to apply the Members-Elect gathered under the same test of impartiality and inde- auspices of the Nunavut Leader- pendence to the Office of the Dep- Nunavut ship Forum to select the Speaker, uty Speaker as that imposed on the Premier and members of Cabinet. Office of the Speaker would an un- unavut's second general elec- The Forum took place in the Cham- fair burden to place on the Deputy tion took place on February 16, ber of the Legislative Assembly, Speaker given the amount of time N 2004. A total of 82 candidates were and was open to the public to ob- that the Deputy Speaker actually nominated in the territory's 19 con- serve. sits in the Chair and presides over stituencies. An acclamation took The first order of business was the House. Further such restrictions place in the constituency of Rankin the selection of Mr. Nutarak as would serve to inhibit the ability of Inlet North. Elections Nunavut, the Speaker of the Legislative Assem- the Deputy Speaker to openly and independent office responsible for bly. effectively represent the view of his the conduct of territorial elections, Incumbent Premier Okalik and or her constituents. reported that voter turnout was ap- Mr. Curley were nominated to By motion of the Opposition proximately the same as in 1999, serve as Nunavut's Premier. Fol- House Leader, the Committee's re- when the first general election was lowing speeches from both candi- port was referred to the Committee held. dates, all Members of the of the Whole for further consider- Legislative Assembly posed ques- tions to each individual. Shortly af-

52 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 ter 4:00pm, Speaker-elect Nutarak Language, Elders and Youth and Commissioner of Nunavut, Robert declared Mr. Okalik the winner of Minister of Human Resources. Stanbury, PC, QC, for a five-year the secret ballot vote. Caucuses and Standing Commit- term of office. A total of eleven Members ac- tees play an important role in On May 17, the 2004 Report of the cepted nominations to serve as Min- Nunavut's non-partisan system of Auditor General to the Legislative isters. Seven members were elected. government. Assembly was tabled in the House The First Sitting of the Second As- Mr. Barnabas was elected as by Speaker Nutarak. In Nunavut, sembly took place on March 9. For- Chair of Full Caucus, a body which the annual reports of such inde- mal motions to confirm the encompasses all 19 MLAs. Mr. pendent House officers as the Audi- selection of the Speaker, Premier Mapsalak was elected Co-Chair. tor General, the Languages and Cabinet took place during the Mr. Evyagotailak was elected as the Commissioner, the Chief Electoral sitting. Later that day, the swear- Chair of the Regular Members' Cau- Officer, the Integrity Commissioner ing-in ceremony for the Cabinet cus, a body which includes all ten and the Information and Privacy took place, during which Ministe- MLAs who are not Ministers. Mr. Commissioner are generally re- rial portfolios were announced. A Arreak was elected Co-Chair. ferred to Standing Committees for major re-organization of the Gov- Mr. Netser was elected Deputy hearings. ernment of Nunavut's departmen- Speaker. Mr. Arreak and Mr. On May 18, Minister Aglukkaq tal structure was also announced by Evyagotailak were elected Deputy delivered her first Budget Address, the Premier as part of the portfolio Chairpersons of the Committee of wearing a pair of kamiks made by assignments. the Whole. Elder Mamie Oniak of Kugluktuk. Both of the Legislative Assem- Mr. Curley, Mr. Peterson and Mr. The government's 2004-05 main es- bly's elected women were assigned Tootoo were elected to the Assem- timates and departmental business high-profile portfolios. Ms. Brown, bly's Striking Committee. Messrs. plans were subsequently referred to a former Nunavut Arctic College Curley, Peterson and Tootoo also the Committee of the Whole for de- administrator and member of serve alongside Speaker Nutarak tailed scrutiny. Rankin Inlet's hamlet council, was and Minister Kilabuk on the Man- Alex Baldwin designated as Nunavut's Deputy agement and Services Board of the Premier and Minister of Health and Legislative Assembly. Director, Research and Library Services Social Services. The House reconvened on May Ms. Aglukkaq was assigned the 12. One of the first items of business role of Government House Leader was the establishment of the Legis- and Minister of Finance. Minister lative Assembly's Standing Com- Aglukkaq's legislative career began mittees. Five Standing Committees during high school in the 1980s, were established by motion: when she served as a Page in the Legislative Assembly of the North- • Government Operations and Ac- west Territories. A former Deputy countability, chaired by Hunter Minister, Aglukkaq has also served Tootoo; as the Deputy Clerk of the Legisla- • Health and Education, chaired by tive Assembly of Nunavut. David Alagalak; Senate Veteran Ministers Akesuk, • Infrastructure, Housing and Eco- Kilabuk and Picco were assigned nomic Development, chaired by he Third Session of the 37th Par- portfolio responsibilities for Envi- Tagak Curley; liament, which opened on Feb- ronment, Community & Govern- T • Ajauqtiit, chaired by Steve ruary 2, 2004, was expected to be a ment Services, and Education, Mapsalak; and short one. With a new Prime Minis- respectively. Kilabuk is also the • Rules, Procedures and Privileges, ter in office, it was understood that Minister responsible for the chaired by Hunter Tootoo. business would have to move Nunavut Housing Corporation. quickly if the Government expected Minister Simailak was assigned The Legislative Assembly recom- to complete its legislative agenda responsibility for Economic Devel- mended, by way of motion, the before an election was called. So it opment & Transportation. Minister re-appointment of the Integrity was early in the new session when Tapardjuk is Minister of Culture,

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 53 the Senate was launched into its leg- over into the debate on C-4. Sena- Senate, Bill C-250, an amendment to islative work. Two bills in particular tors continued to be concerned with the Criminal Code,provedtobe that had died on the Order Paper maintaining the independence of more contentious. The purpose of when the Second Session pro- the Senate as the institution and the the bill, to add “sexual orientation” rogued remained important to the right to govern its own affairs. Ulti- to those groups protected against new Government. One was critical mately, it was a suggestion made by the spread of hate propaganda in to the timing of the election and the Senate Government Leader Jack the Criminal Code, was a sensitive other fulfilled a Government com- Austin that won the support of the subject. Critics believed the bill was mitment made by the former Prime Senate. He proposed that the party unnecessary, arguing that individ- Minister and his successor to create leaders in the Senate compose a list uals were already protected by ex- a new federal ethics commissioner. of names for submission to the Gov- isting laws in Canada. Others The passage of these bills would ernor in Council. After nine days of thought the concept of “sexual ori- hold the attention of the Senate until second and third reading debate, entation” vague. Still others felt the spring. Bill C-4 received Royal Assent on bill endangered freedom of reli- Legislation March 31. gion. Peppered with points of order Not only were Government bills and Speaker’s rulings, it took nine It was only a week into the new ses- from the previous session reintro- days of full debate at second read- sion when Bills C-5 and C-4 arrived duced in the House of Commons, ing before the bill was referred to in the Senate. Bill C-5, which but private members’ public bills as the Legal and Constitutional Affairs brought forward the com- well. Five were given first reading Committee on February 20. Even at ing-into-force date of new electoral in the Senate on February 3 and third reading, progress of the bill boundaries to April 1, 2004, had three of these, Bills C-212, C-260 and was slowed down by repeated de- been reinstated in the House of C-250, passed all stages in the Sen- mands for recorded votes. Commons at the same stage in the ate and were given Royal Assent. The procedure that finally legislative process as it had reached This was unusual since it is rare for brought an end to the debate was when the Second Session was pro- private members’ public bills to ac- unprecedented. On April 27, Pro- rogued and was sent to the Senate tually become law. That this hap- gressive Conservative Senator immediately. After first reading on pened is due to the practice in the Lowell Murray introduced a mo- February 11, Senators who spoke House of Commons of carrying tion to limit debate and to set a time during six days of debate at second over bills from one session to an- for the disposition of the bill. His ac- reading reiterated many of the same other within a Parliament. tion was unusual because the Rules arguments they had already put for- Bill C-212, respecting user fees, of the Senate allow for the govern- ward in the fall of 2003. To facilitate provided for parliamentary scru- ment to move time allocation mo- its passage this time, however, the tiny and approval of user fees set by tions on government business, but Government imposed time alloca- regulatory authorities. The Senate’s this was the first time a Senator had tion and within one month the bill main concern was the lack of a Sen- attempted to move a motion like had passed all stages and on March ate role in the proposed legislation. this on a private members’ bill 11 was granted Royal Assent by This was addressed by the National through a motion enacting a special written declaration. Finance Committee which order. Debate was restricted even The passage of Bill C-4, to create amended the bill to provide for an further when immediately follow- independent ethics officers for the identical role for the Senate and its ing Senator Murray, Senator Serge Senate and the House of Commons, committees and resolved, without Joyal moved the previous question. was equally important to the Gov- issue, when the House of Commons It was the adoption of the previous ernment. The former Bill C-34 had concurred in the Senate amend- question motion on April 27 that been stalled in the previous session ments. Bill C-260, An Act to amend forced the Senate to make a decision when the Senate amended the bill at the Hazardous Products Act, added on the disposition motion which third reading and sent it back to the cigarettes that are not fire-safe to the cleared the way for the Senate to House of Commons just before pro- prohibited products list and was complete the final stages of the bill. rogation. The initial dissatisfaction passed on March 30. Both bills re- Third reading was given to the bill of the Senate with the appointment ceived Royal Assent on March 31. on April 28 and Royal Assent on process of the Senate Ethics Officer Unlike Bills C-212 and C-260 April 29. by the Governor in Council carried which moved easily through the

54 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 A traditional Royal Assent cere- any sound, the point of order was proposed to a motion that he had mony took place in the Senate unfounded. moved authorizing the Rules, Pro- Chamber on March 31 with the On the following day, Anne cedures and the Rights of Parlia- Governor General, Her Excellency Cools rose on a point of order ment Committee to report on Senate Adrienne Clarkson, in attendance. claiming that the procedure for the practices with respect to petitions. As well as C-4, C-212 and C-260, adjournment of debate on Bill The Senator maintained that the two appropriation bills, C-26 and C-250, An Act to amend the Criminal amendment, which deleted the text C-27 were assented to on that day. Code (hate propaganda) on February of his motion and replaced it with Other bills that received Royal As- 12 altered the name of the Senator another, should be introduced as a sent by written declaration were who had adjourned the debate. The separate motion and not as an C-6, C-13 and C-18 on March 29; question was whether an interven- amendment. In his ruling, the C-16 and S-15 on April 1; C-8 and tion made by a Senator constituted Speaker noted the ambiguity of the C-14 on April 22; and C-21 on April debate. In his ruling, the Speaker wording and intent of the amend- 29. found the proceedings related to the ment, but ruled there was not rea- Speaker’s Rulings intervention within the rules and son to rule it out of order on the Order Paper remained un- procedural grounds. During the first three months of the changed. Successive points of order were Third Session the Speaker gave a to- In her point of order raised on raised on February 20 with respect tal of 12 rulings. Nine of these were February 11, Lorna Milne objected to the agreement for a standing vote delivered during two weeks in Feb- to the use of the word “corruption” on second reading of Bill C-5, to ruary when there was a ruling al- in a notice of inquiry. She thought amend the Electoral Boundaries Read- most every day starting on the language provocative and be- justment Act. After a short suspen- February 12, just seven days into the lieved it was meant as an insult to sion, the decision of the Speaker new session. the Government and a personal at- was that, in the absence of an agree- On February 12, John tack on the new Prime Minister. Al- ment for when the standing vote Lynch-Staunton rose of a point of though the Speaker did not would take place, the vote would order to protest that the decision in disallow the inquiry in his ruling on take place at 5:30 that afternoon, in the Debates of the Senate and the Jour- February 16, he cautioned Senators accordance with Rule 39(4)(b) of the nals of the Senate of the day before to use good judgement in drafting Rules of the Senate. did not reflect what had really hap- motions and inquiries so that they Just as second reading was about pened during second reading of Bill do not provoke unnecessary disor- to begin on Bill C-4, An Act to amend S-7, An Act respecting the effective date der. the Parliament of Canada Act (Ethics of the representation order of 2003. Two rulings were delivered on Commissioner and Senate Ethics Offi- He argued that what the Speaker February 19. The first was in re- cer), Noël A. Kinsella rose on a had said, which resulted in the de- sponse to Eymard Corbin who rose point of order. He argued that C-4 feat of the bill at second reading, on a point of order on February 13. was not a reprint of Bill C-34 from was not what had occurred at all Senator Corbin did not interpret the previous session, as stated on and maintained that there had been new Rule 131(2) of the Rules of the the cover of the bill. The Speaker, a vote to adopt the motion for sec- Senate to mean that the Senate could however, declared that the Senate ond reading. In his ruling later that request a government response to a could not question the validity of day Speaker Dan Hays noted that committee report adopted in a pre- proceedings of the House of Com- while there was some confusion as vious session. The Speaker ruled on mons and it was up to the Commons to what had taken place, in his opin- February 19 that since he could not to decide how to characterize the ion, the bill was properly on the Or- find any procedural reason why bill and not the Senate. der Paper. Another point of order Senators could not debate and de- In his point of order on February followed immediately, this time by cide such motions on their own 24, Senator Tkachuk contended that David Tkachuk who complained merit, there was no point of order. the Senate had seriously breached about the use of laptops in the Sen- Later that same day, the Speaker its rules by passing two motions on ate Chamber. The Speaker ruled ruled on a point of order that had Friday, February 20, after the auto- that since the Rules of the Senate sug- been raised by Jean-Robert matic adjournment of the Senate. gest that electronic devices can be Gauthier on February 16. Senator The Speaker explained that the used as long as they do not produce Gauthier objected to an amendment Senate could waive its own rules

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 55 with unanimous consent which in concluded there was no basis for a ner (Volume 3)”, is the latest of a this case had been given. His ruling prima facie case of privilege. broad review of the trade relation- was that there was no point of or- Committee Reports ship between Canada and the der. United States of America and be- Senator Kinsella argued in his Most committee reports adopted by tween Canada and Mexico. The Re- point of order of March 23 that Bill the Senate early in the session are re- port was tabled on March 29. S-7, An Act respecting the effective date quests to approve budgets for spe- On April 15, the Agriculture and of the representation order of 2003 cial studies. The Agriculture and Forestry Committee tabled its should be discharged from the Or- Forestry Committee, Banking, Fourth Report entitled “The BSE Crisis—Lessons for the Future”. der Paper because it dealt with the Trade and Commerce Committee, The Committee studied issues re same subject as Bill C-5 which had - Energy, the Environment and Natu- lated to bovine spongiform been given Royal Assent. Speaker ral Resources Committee, Fisheries encephalopathy in Canada and pro- Dan Hays agreed with Senator and Oceans Committee, Foreign Af- posed policies for the longer term. Kinsella and ruled that Bill S-7 be fairs Committee, Human Rights The Internal Economy, Budgets discharged from the Order Paper. Committee, National Security and and Administration Committee ex- On March 30, Senator Corbin Defence Committee, Official Lan- amined security within the parlia- raised a point of order respecting guages Committee, Social Affairs, mentary precincts and tabled its the general time limit on speeches. Science and Technology Committee report in the Senate on April 22. He believed that a senator who had and the Transport and Communica- Motions finished speaking did not need to tions Committee all received the respond to a comment from another Senate’s approval to begin their A motion to commemorate the 10th senator and asked the Speaker to work. anniversary of the Rwandan geno- provide clarification of this rule. Other committees reported on cide was adopted in the Senate on The Speaker’s ruling was that the special studies. The Transport and March 31. Rules of the Senate Communications Committee tabled provide for ques- Milestones tions or comments from other sena- its first interim report on the impact tors with the permission of the of public policy on the Canadian New Senators Terry Mercer, former Senator who has the floor. news media on April 1. The Fourth National Director of the Liberal Report of the contains the commit- Senator Cools rose on a question Party of Canada and Jim Munson,a tee’s findings after one year of pub- of privilege on April 27 to protest Canadian journalist who had been lic hearings. that the recent proceedings on Bill in the PMO entourage, were intro- The Fourth Report of the Fish- C-250 breached the privileges of duced on February 2. Tributes were Senators who were deprived of eries and Oceans Committee was also tabled on April 1. Entitled paid to former Senators Margaret their right to debate. She asserted Jean Anderson who died on De- that the imposition of “closure” on a “Nunavut Fisheries: Quota Alloca- tions and Benefits”, it calls upon the cember 8, Sister Mary Alice private members’ bill was irregular Government of Canada to act on the (Peggy) Butts who died on March 6 and out of order and that the agreement it signed with the Gov- and Ernest Cottreau who died on Speaker had acted improperly in ernment of Nunavut in August March 7. Jack Wiebe announced his recognizing the Senator who had 2000. resignation from the Senate on Jan- moved the motion for the previous “National Emergencies: Can- uary 31. Thelma Chalifoux retired question over several others who ada’s Fragile Front Lines”, the Third on February 8, Gérald-A. Beaudoin had also sought to be recognized. Report of the National Security and on April 15, Al Graham on May 21; On April 28, the Speaker pro tem Defence Committee, was tabled on Brenda Robertson on May 23; and ruled that although the motion for March 30. The Report, part of a se- Douglas Roche on June 14, 2004. the disposition of a private mem- ries investigating the security of Ca- bers’ bill was unusual, it did not vio- nadians, examines what planners Mary Mussell late the rules and practices of the and practitioners are doing to pre- Senate Journals Senate. She noted the confusion pare for national emergencies. about the operation of a previous The Third Report of the Foreign question motion but ruled the con- Affairs Committee entitled “Mex- fusion did not invalidate its use. For ico: Canada’s Other NAFTA Part- these reasons, the Speaker pro tem

56 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 Government Bills associations will be increased from $3,750 to $5,000. The Oppo- Some of the Bills passed during the sition expressed some reserva- tions with these increases, Spring Sitting include: particularly the increase from $200 to $500 in a candidate's nom- • Bill 1, Alberta Centennial Education ination deposit. They argued that Savings Plan Act, establishes the this would discourage candidates Alberta Centennial Education from participating in elections. Savings Plan. Under the plan the Other concerns were expressed Government will contribute $500 with regard to unique identifier Alberta to a registered education savings numbers which would allow the plan for every child born to or Chief Electoral Officer to assign he Spring Sitting of the Fourth adopted by an Alberta family be- to electors a unique and perma- ginning in 2005, provided that the Session of the 25th Legislature nent identifier number to be used T parents open a registered educa- to assist in distinguishing an elec- commenced on February 17, 2004 tion savings plan in the child's tor from another or to verify their with the Speech from the Throne de- name. Additional contributions information. The Opposition ex- livered by the Lieutenant Governor will be made by the Government pressed the view there was no of Alberta, Lois Hole. The speech at ages eight, 11, and 14, as long as need for this identifier and ques- the contributions are matched. centred on the impact the energy in- tioned whether it would lead to The Bill received some criticism Internet voting. One provision dustry has had on Alberta. It also from both a Government Private supported by the Opposition was focussed on initiatives to build the Member and some Opposition the amendment improving the province's future as Alberta ap- Members who argued about the use of special ballots in advance proaches its centennial in 2005. Ed- fairness of the application of the polls. legislation only to children born ucation and protection of children in 2005 and after. Private Members' Business were key themes. Other elements included: • Bill 7, Senatorial Selection Amend- ment Act, 2004, amends the cur- The issue of Private Members' Busi- • the creation of an Alberta office in rent Act which expires at the end ness has led to some discussion in Washington, D. C. to advance the of this year. The Bill extends the the Assembly as to the priority of province's interests on issues Act to December 31, 2010. This al- such as Bovine Spongiform En- various items in the area. In Alberta, lows the Alberta Government to cephalitis (BSE); Private Members' Business is dealt hold Senate elections beyond with on Monday afternoons follow- • a Life Sciences Institute to coordi- 2004. nate research taking place across ing the daily routine and from 8:00 • Bill 22, Election Statutes Amend- the province in areas such as agri- p.m. to 9:00 p.m. Monday evenings. ment Act, 2004. This Bill makes culture, environment, health and numerous amendments to four The time allocated in the afternoon water research. Acts: the Election Act, the Election is set aside for Written Questions The speech also confirmed the Finances and Contributions Disclo- and Motions for Returns followed Government's ongoing commit- sure Act, the Alberta Personal In- by Private Members' Public Bills. ment to the fiscal principles of the come Tax Act,andtheAlberta The first hour of the evening is de- Corporate Tax Act. These amend- Sustainability Fund and to contin- voted to Motions Other Than Gov- ued debt reduction. (Since 2003, ments are based on recommenda- tions made by Alberta's Chief ernment Motions. As a result of a year-end surpluses are deposited Electoral Officer. In addition to significant number of Written into the Alberta Sustainability minor housekeeping matters, the Questions and Motions for Returns Fund. Withdrawals from the Fund Bill has measures to ensure the ac- being placed on the Order Paper by curacy of elector information, can only be made if revenue from Opposition Members, very little non-renewable resources is less protect elector privacy, and im- prove flexibility in the use of spe- time has been available to debate than $3.5 billion.) cial ballots in advance polls. The Private Members' Public Bills. At the time of writing, 30 Govern- Bill also amends contribution Private Members' Public Bills ment Bills, 1 Private Members' Pub- limits for both individual candi- lic Bill and 4 Private Bills had been dates from $1,500 to $2,000 and candidates of registered parties One Private Members' Bill was passed by the Assembly. from $7,500 to $10,000. Contribu- passed during the Spring Sitting at tion limits for individual constit- the time of writing. uency associations will be increased from $750 to $1,000. As well, limits for party constituency • Bill 201, Safety Codes (Barrier-free Design and Access) Amendment

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 57 Act, 2004,sponsoredbyRob suffered brain damage and $5.3 billion. (An additional $216 Lougheed (PC, Clover Bar-Fort blindness as a result of a single vehi- million will be allocated for basic Saskatchewan), amends the Safety Codes Act by enabling the cle accident which occurred when education as well as another $85 creation of a new barrier-free de- her mother was pregnant. At the million to fund colleges, technical sign and access council as part of time of the accident, the mother was institutes, universities, and appren- the Safety Codes Council. The Bill driving a vehicle registered and in- ticeship programs.) Funding for also provides an opportunity for sured by her husband's parents. The Transportation programs will be in- input regarding safety codes for persons with disabilities. It comes Bill would allow the father, on be- creased to $1.0 billion and Infra- into force June 1, 2004. half of the child, to bring a civil ac- structure program expenditures are Other Private Members' Public tion against the mother for damages estimated to surpass $1.5 billion. Bills on the Order Paper include: arising from the accident. Such an Other elements of Budget 2004 in- action is prohibited by the common clude: • Bill 204, Blood Samples Act, spon- law. A 1999 Supreme Court of Can- • a decrease in the general corpo- sored by Thomas Lukaszuk (PC, ada decision called Dobson clarifies rate tax rate from 12.5 per cent to Edmonton-Castle Downs), cre- that there is immunity for mothers 11.5 per cent; ates a process which would allow for wrongful prenatal conduct. The • a reduction in small business tax a qualified medical practitioner rates from 4 per cent to 3 per cent; to take a mandatory blood sample Committee heard submissions from from someone whose bodily flu- the petitioner's lawyer, the lawyer • a decrease of 2.3 per cent in school ids have come in contact with po- representing the defendants, as well property tax rates; lice officers, firefighters, as the Department of Justice. The • a projected economic growth rate correctional officers, front-line lawyer representing the defendants emergency workers, good Samar- of 3.6 per cent which is estimated itans, or health care workers. The made submissions to the Commit- to account for 43,000 new jobs; blood sample may only be taken tee opposing the Bill. Similarly, the • the assumption that prices will be from someone who refuses to Department of Justice also voiced $26.00 US a barrel for oil and comply voluntarily and cannot be concerns regarding this Bill. The $4.20 Cdn per thousand cubic feet used in a criminal proceeding. Committee, which last met on April for natural gas; The Bill also includes provisions The Finance Minister estimated protecting the privacy of the test. 27, 2002 has decided to defer their deliberations on the Bill until the that Alberta's accumulated debt • Bill 206, Alberta Wheat and Barley Fall Sitting. will stand at just under $3 billion at Test Market Amendment Act, 2004, the end of the fiscal year. introduced by Mark Hlady (PC, Budget 2004 Calgary-Mountain View), would Select Special Committee amend the existing Act by pro- On March 24, 2004, Patricia Nelson, viding for the establishment of a On April 22, 2004, the Legislative 10-year Alberta test market for the Minister of Finance, presented wheat and barley on a date set by the Budget and estimates for the Assembly approved a motion to ap- the Lieutenant Governor in 2004-05 fiscal year. point a Select Special Health Infor- Council if the Governments of Al- Revenue for the 2004-05 fiscal mation Act Review Committee to berta and Canada do not reach an year is estimated to be just under review the Health Information Act. agreement for the establishment The all-party committee must sub- of a test market. The Bill would $23 billion and total resource reve- provide Alberta producers with nue is expected to be $4.8 billion. mit its report, including any pro- an alternative to the Canadian The Minister projected total expen- posed amendments to the Act, Wheat Board. ditures of $22.6 billion in 2004-05 within one year of commencing its Private Bills which includes an increase of 6.1 review. Broyce Jacobs (PC, per cent in operating expenditures Cardston-Taber-Warner)will One Private Bill which has received for Government programmes and chair the committee. significant public attention is Bill services. The Budget increases the Caucus Changes Pr5, Brooklyn Hannah George Rewega base budget for the Department of Right of Civil Action Act. The Bill, Health and Wellness to $8 billion, Dr. Kevin Taft (Lib, Edmon- which has been referred to the Pri- an increase of 8.4 per cent. The De- ton-Riverview) was elected Leader vate Bills Committee, would allow a partment of Learning (responsible of the Liberal Party on March 27, husband to sue his wife on behalf of for primary, secondary and 2004. Speaker Kowalski recognized their daughter. The daughter, who post-secondary education) will see him as Leader of the Official Oppo- is three years old, is alleged to have a budget increase of 5.7 per cent to sition in the Assembly on March 29,

58 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 2004 following the resignation of tax relief for rural areas. The Oppo- the Interim Leader of the Official sition challenged the government to Opposition, Dr. Don Massey (Lib, encourage more entrepreneurial in- Edmonton- Mill Woods). vestment and focus less reliance on Other Events job creation through government and Crown corporation activity. On March 16, 2004, Speaker Ken The question on the Address in Kowalski hosted a ceremony in the Reply to the Throne Speech on Legislature Building Rotunda rec- Saskatchewan March 29th resulted in a tie vote. ognizing Alberta's francophone The government's one seat majority community. Marking its 6th year, had been temporarily lost due to the Les Rendez-vous de la he 25th Legislature convened absence of the Deputy Premier Clay Francophonie is a celebration of the Tfor the first time on March 18, Serby (Yorkton), who was under- province's French culture and his- 2004. The first order of business was going treatment for cancer. Prior to tory. Joining Speaker Kowalski dur- the selection of a Speaker. Doreen announcing how he would cast his ing the recognition ceremony were Hamilton (Regina Wascana Plains) vote, Speaker Kowalsky felt it was Gene Zwozdesky, Minister of and Myron Kowalsky (Prince Al- appropriate to outline the princi- Community Development; Don bert Carlton) put their names for- ples that guided him in reaching his Massey,MLA,InterimLeaderof ward for the secret ballot election. decision. These included the impar- the Official Opposition; Raj Pannu, Mr. Kowalsky emerged the victor tiality of the Speaker, a principle MLA, Leader of the New Democrat and returned to the office he has that is enshrined in both legislation Opposition; Ernest Chauvet, Presi- held since 2001. Graham Addley and the Rules of the Assembly, and dent, Canadian Francophone Asso- (Saskatoon Sutherland) and Andy parliamentary convention. The ciation of Alberta; and Denis Iwanchuk (Saskatoon Fairview) Speaker concluded his remarks by Ducharme, (PC, Bonnyville-Cold were subsequently elected Deputy noting that decisions of the legisla- Lake, Chair, Francophone Secretar- Speaker and Deputy Chair of Com- ture should taken only by a major- iat. mittees of the Whole respectively. ity. In the vote at hand, one that was The second session of the second The session opened with the tra- a test of the Assembly's confidence annual Mr. Speaker's MLA for a ditional ceremonies and Speech in the Government, the decision of Day took place on April 20 and 21, from the Throne. With the emphasis non-confidence should be clearly 2004. Twenty-eight students from on the longer-term, Premier Lorne stated by a majority. It would not across Alberta participated in the Calvert (Saskatoon Riversdale) then be appropriate for the vote of programme which is designed to opined that day to day decisions the Speaker alone to overturn the give Alberta high school students needed to be made within the con- status quo as determined in the last the chance to find out what it really text of the government's vision and election. In accordance with parlia- means to be an MLA. Through con- goals for the entire parliament, mentary tradition, Speaker versations with MLAs and partici- rather than the session. The one seat Kowalsky then cast his vote in fa- pation in a two day program, majority and the province's fiscal vour of the Address. constraints were other underlying students find out how MLAs act as 2004 Budget lawmakers and community repre- factors influencing the govern- ment's priorities. The priorities sentatives. The Legislative Assem- Finance Minister Harry Van identified by the government for the bly is proud to be in partnership Mulligen (Regina Douglas Park) province's Centennial year fell un- with the Royal Canadian Legion, delivered his first budget on March der the headings of education and Alberta NWT Command, who 31st. The budget was billed as a opportunity, building a green and sponsor and assist with the pro- commitment to prudent fiscal man- prosperous economy, and quality gram. agement while safeguarding vital of life issues. public services and programs. The Micheline Gravel Opposition leader Brad Wall budget highlighted four areas of Procedural Clerk (Swift Current) challenged the gov- priority. These included: ernment's approach by noting little • Health care: An increase of $223 emphasis on agricultural issues and million in spending divided be- no immediate education property tween enhanced salaries/bene- fits/medical fees to attract and

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 59 retain health professionals; facili- The Budget Debate came to a con- government would not retain its ties and equipment; and preven- clusion on April 8th with the votes majority in a Committee of the tion projects. being tied on both the amendment Whole but it would in the seven • Focusing on Children, Youth and and the main budget motion. Fol- member standing committees - a Opportunity: a 3.8% increase in lowing parliamentary practice, the fact not lost on the Opposition. educational funding spread over capital improvements, increasing Speaker cast his ballot in accordance The Speaker cast his vote against the Post-Secondary Tax Credit, with certain procedural principles, the motion, stating in his ruling that launching the Young Entrepre- and not for or against the substance the principle applied to motions neurs of Saskatchewan Program of the matter, in order to avoid any was that, where no further discus- and 200 new child care spaces. imputation on the impartiality of sion was possible, decisions should • Supporting Communities: Addi- the Chair. only be taken by a majority. The tional investments in highways, The amendment to the Budget Speaker alone should not change revenue-sharing grants for mu- the status quo, which was to con- nicipalities, the Agricultural Pol- motion was clearly worded as a mo- icy Framework and income tion of non-confidence. The Speaker tinue the Saskatchewan practice of support program, job training was guided in his ruling by the prin- reviewing the estimates in the Com- and creation. ciple that decisions on amendments mittee of Finance (a Committee of • Fiscal Management and Account- should not be taken except by a ma- the Whole). ability: The government an- jority and that where there was no The matter remained unresolved nounced that the dependence on majority, the main motion should until April 27th when a second se- the fiscal stabilization fund be left in its existing form. Further- ries of referral motions were put be- would be reduced and intro- duced a new GRF four-year fi- more, in a vote that was a test of the fore the House. By this date, the nancial plan. In addition, the Assembly's confidence in the Gov- issue had been resolved, prompted government adopted the sum- ernment, the decision of non-confi- by Mr. Serby's return to the Assem- mary financial plan to report its dence should be clearly stated by a bly and an agreement having been financial results and projections majority. Accordingly the Speaker reached between both sides. These for all departments, Crown cor- porations, agencies and boards. cast his vote against the amendment motions did receive the approval of and declared the amendment de- the House with both sides voting in feated. favour. Five of the higher profile de- Despite being billed as the New partmental estimates (Agriculture, Democratic government's 11th con- The question was then put on the Food and Rural Revitalization; En- secutive General Revenue Fund bal- vote on the Budget motion itself. vironment, Executive Council; anced budget, Opposition finance Once again, the Speaker outlined Health, and Learning) were left in critic, Ken Krawetz (Canora - Pelly) the principles that guided his deci- the Committee of Finance in order took issue with this claim. Pointing sion, and reiterated his position that to permit all members to participate to the estimates, he stated that when matters of confidence are of such in the review. expenditures exceed revenues, a importance that a decision of deficitbudgetistheresult.Mr. non-confidence should be made The initial reviews of the new Krawetz then questioned whether clearly by a majority. Furthermore, committee estimates procedure the government had a mandate to it would not be appropriate for the have been positive. Members have increase the Provincial Sales Tax vote of the Speaker alone to over- appreciated the ability to receive and taxes on tobacco and bottled turn the status quo as determined at answers directly from departmen- beer as these were not raised during the last election. Accordingly the tal officials rather than being re- last fall's election. The Opposition Speaker cast his vote in favour of the stricted to Ministerial responses. also questioned the burden placed motionanddeclaredtheBudget The smaller memberships have also on rural Saskatchewan, where the Motion adopted. permitted two committees to meet bulk farm gasoline and propane tax Committee Business simultaneously during the regular rebates were reduced, 22 Rural Ser- afternoon sittings. This in turn has vice Centres and 9 Saskatchewan Under the new Rules of the Assem- freed MLAs not involved in the Environment Offices were to be bly, the procedures exist to refer es- committees to attend to matters closed, in addition to an undis- timates to any one of five standing away from the Assembly. The abil- closed number of health care facility committees. The first attempt to do ity to view both proceedings simul- closures and conversions. so on April 8th resulted in a tie vote. taneously on the legislative At issue was the recognition that the channels or through internet

60 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 streaming has proven a further ben- Bill 37, the Health Sector (Facilities efit to those involved in the pro- Subsector) Collective Agreement Act ceedings. required striking health care work- Members' News ers to return to work as well as im- posing a two-year contract for the Brad Wall became the new leader of unionized hospital service workers. the Official Opposition Saskatche- The government requested, pursu- wan Party on March 15th. He ant to standing order 81, to move gained the position by acclamation Bill 37 through all three readings in one day. The Minister of Labour after no other candidates came for- British Columbia ward to replace Elwin Hermanson Graham Bruce (Cowichan- (Rosetown - Elrose). Mr. Ladysmith) maintained that the Hermanson had announced his in- n February 10, 2004, swift passage of Bill 37 was neces- tention to step down following last OLieutenant-Governor Iona sary since the normal bargaining fall's general election. Mr. Wall was Campagnolo opened British Co- process had come to an impasse first elected to the Assembly in 1999 lumbia's 5th session of the 37th Par- while a growing number of cancel- but had previously been involved in liament. The theme “bring out the led procedures, surgeries and diag- the political scene as an assistant to best in British Columbia” was evi- nostic tests was putting patients a both provincial and federal politi- dent throughout the Throne Speech. risk. cians. He had also worked as an eco- The Lieutenant-Governor's ad- The Leader of the Opposition Joy nomic development officer for Swift dress featured a new government MacPhail (Vancouver-Hastings) Current. initiative that will see 25,000 new was critical of the government's de- One of the first tasks undertaken student spaces added to BC's col- cision to move Bill 37 though all by Mr. Wall as leader was the shuf- leges, universities and institutes by three readings in one night. In addi- fling of his shadow cabinet. Among 2010. Several other announcements tion, she objected to many of the as- the new assignments were: were directed at natural disaster pects of the bill including the 15 prevention, which reflected the past percent wage reduction for 43,000 year of fires, floods and pestilence • Ken Krawetz remains Deputy unionized hospital service workers Leader and takes over as finance British Columbia had has experi- that would be retroactive to April 1, critic; enced. These announcements in- 2004. clude promise of new strategies to • Rod Gantefoer (Melfort) takes Speaker Claude Richmond combat the mountain pine beetle; over as House Leader and returns (Kamloops) accepted the govern- actions to be taken on the Filmon Fire to the Health critic duties he pre- ment's request to move Bill 37 viously held; Review recommendations; and an through all three readings in one additional $16.8 million to go to the • Donna Harpauer (Humboldt) day. The Speaker stated, in part, BSE and Cull programs. was appointed Whip; that he was persuaded that the • Mr. Hermanson was named chair As of May 17, 2004, 56 Govern- withdrawal of the workforce had of the Public Accounts Commit- ment Bills, 5 Members' Bills and 3 created a province-wide crisis and tee and Intergovernmental Af- Private Bills have been introduced, that it was paramount that the fairs critic. making for a total of 64 pieces of leg- workers return to work at the earli- islation presented to date during the est possible moment. Debate pro- On the government side, Mr. Van Fifth Session.. ceeded well into the night – until Mulligen has been overseeing the Public Bills 6:34 a.m. the next morning – when business in the Assembly in his role Bill 37 received Royal Assent. as House Leader. He is assisted by Two key bills introduced during the Bill 19, the Education Services Col- the Deputy House Leader, Pat present sitting focus on labour lective Agreement Amendment Act, Atkinson (Saskatoon Nutana) and agreements: the Health Sector (Facil- 2004 amends the teachers' collective Whip Kevin Yates (Regina ities Subsector) Collective Agreement agreements setting them in Dewdey). Act (Bill 37) and the Education Ser- linebringing them in line with the vices Collective Agreement Amend- Margaret (Meta) Woods School Act. The government argued ment Act, 2004 (Bill 19). Clerk Assistant that this new legislation would fi- nalize the terms of collective agree-

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 61 ments between teachers and public M203). The Safe Streets Act proposes would raise three matters of privi- school employers and would help to ban aggressive solicitation, such lege. The following day, she raised both groups prepare for negotiating as panhandling. The Trespass to her first point of privilege alleging new agreements in 2004. The Oppo- Property Act proposes to grant peo- that the Minister of Finance had sition criticized Bill 19 for removing ple who own or rent property in cit- been in contempt of the House by negotiated protections for students ies the right to have the police announcing and implementing a and teachers related to class size, remove unwanted guests from their change to the rate of tobacco tax services for special needs students property. Currently, owners have to prior to the introduction of enabling and specialty services of counsel- seek court injunctions to have police legislation. The announcement had lors, librarians and ESL teachers. removed trespassers from their been made in December 2003 while Another hot topic was Bill 25, the property. At the time of writing, the the House was adjourned. Wildfire Act, which incorporates the two bills had proceeded to second In response, the Finance Minister existing legislative provisions relat- reading stage. objected on procedural grounds, ing to fire protection into a separate Committee Activities claiming that the Member had not act to comprehensively address raised the point of privilege at “the wildfire-related issues in B.C. The One of the most active committees earliest opportunity,” which would key objective of the act is to clarify this spring has been the Special have been at the prorogation sitting the specific responsibilities and ob- Committee to Review the Freedom of on the morning of February 10. ligations of not just forest licensees Information and Protection of Privacy In his ruling on March 23, 2004, but all users of the forest with re- Act.ChairedbyBlair Lekstrom Speaker Richmond reported that spect to fire use, prevention, control (Peace River South), the Committee past parliamentary practice has activities and rehabilitation. is reviewing the strengths and been for notice of matters of privi- Bill 3, the Cremation, Interment and weaknesses of the current legisla- lege to be given on Prorogation day Funeral Services Act, establishes tion and considering proposals for and also on Opening day, describ- rules relating to the operation of legislative amendments. The Com- ing both as pro forma sittings which cemeteries, mausoleums, mittee intends to present its report result from the exercise of the Royal columbariums and crematoriums. to the Legislative Assembly by the Prerogative to summon the House. Solicitor General Rich Coleman close of the spring sitting on May 20. The Speaker also concluded that the (Fort Langley-Aldergrove) ex- Chaired by Jeff Bray (Victo- legislative measures required to im- plained that the adoption of Bill 3 ria-Beacon Hill), the new Special plement the tax rate increase were would result in streamlined and en- Committee to Appoint a Merit proposed, as the press release and hanced enforcement tools; clear re- Commissioner began its search for a other documents submitted indi- quirements for the opening and candidate to serve as the Deputy cated that the measures would be closing cemeteries, mausoleums or Minister responsible for BC Public presented at the next session of the columbariums; and reduced regula- Service Agency, and to hold office House, and be retrospective to the tory burden on businesses. Opposi- as the Merit Commissioner for the extent necessary. tion members, however, voiced Province of British Columbia. The In the Speaker's opinion, the concerns that this legislation would Merit Commissioner is responsible House had not been denied the op- bring increased consumer costs for for reporting annually to the Legis- portunity to debate this tax mea- cremation, interment and burial ser- lative Assembly on the application sure, notwithstanding the vices. The Leader of the Opposition of the merit principle in public ser- legislation would be retrospective noted that the government and this vice appointments. The successful to the dates mentioned in the pro- piece of legislation brought new candidate will require the unani- posed amendment. Therefore, the meaning to the old saying: “Noth- mous support of Committee mem- transaction relating to the Tobacco ing is certain in life but death and bers to have their appointment Tax Act did not constitute a breach taxes.” recommended to the Legislative As- of privilege or a contempt of the Private Members’ Bills sembly. House. Speaker's Rulings During the fifth session, the On May 6, 2004, Lorne Mayencourt Speaker has also ruled on two other (Vancouver-Burrard) introduced, On February 10, 2004, at the first sit- privilege matters. Both involved the Safe Streets Act, (Bill M202) and ting of the 5th session, the Leader of complaints by the Leader of the Op- the Trespass to Property Act, (Bill the Opposition gave notice that she position that members of the Execu-

62 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004 tive Council (the former Minister of The tabling on February 10 of the ruary 12, the Committee began Children and Family Development, Auditor General's November 2003 studying the Auditor General's re- and the Solicitor General) had mis- report on the sponsorship program port, looking specifically at Chap- led the House. In neither instance proved to be the focus of a rather tu- ters 3, 4 and 5, which concern the did the Speaker find a prima facie multuous session, both in Question sponsorship program, advertising case of privilege. Period and in committee, where the activities and public opinion re- Other Parliamentary Events report was studied. search. Hearings continued Several take-note debates were through the winter and into the The BC Legislative Assembly convened to discuss issues of cur- spring, with the Committee receiv- hosted 20 teachers from across the rent concern, including the ing testimony from various former province during the first British Co- anti-missile defence system, the ministers and government officials, lumbia Teachers Institute on Parlia- mad cow crisis and the situation in as well as individuals from the ad- mentary Democracy. Activities Haiti. An emergency debate on the vertising industry. The Committee included briefings by the Speaker of avian flu was also held. did not present a report before Par- the House, Clerk of the House, Law On March 9, Parliament played liament was dissolved. Clerk, Sergeant-at-Arms, and Cabi- host to the Secretary General of the The Standing Committee on Ag- net Operations staff as well as a ca- United Nations for the first time riculture and Agri-Food carried out sual dinner with the Members of the since 1985. His Excellency Kofi a study on beef pricing, in the con- Legislative Assembly. The Institute Annan delivered an address to Sen- text of the BSE crisis in Canada. As was regarded to be highly success- ators, Members of Parliament and part of its work, the Committee ful and is expected to become an an- other dignitaries, drawing attention asked three companies to produce nual event. to the challenges of finding multi- financial statements. In response to lateral solutions to hunger, disease, the failure to comply with the re- Robert Parker human rights violations and envi- quest, the Committee recom- Committee Researcher ronmental degradation. He empha- mended to the House on May 6 that Office of Clerk of Committees sized the importance of the the companies be found in con- international community being ad- tempt and ordered to provide the equately prepared to deal with to- required documents. The House day's threats, especially terrorism. supported the Committee's recom- mendation and concurred in the re- Budget port the same day. In light of the failure of two of the The Martin government's first bud- companies to comply with the get was presented by Minister of Fi- House order, the Committee pre- nance Ralph Goodale on March 23 sented its fourth report to the House and focused on health, providing an on May 13, asking that the House additional $2 billion in health care House of Commons impose a fine of $250,000 per day on funding for the 2003-04 fiscal year. the two companies who had still Other announcements included a he House convened on Febru- failed to produce the documents. GST refund for cities and a $4-bil- Tary 2, 2004 to open the Third Ses- The House declined to concur in the lion emergency fund to cover unex- sion of the 37th Parliament with a report. Speech from the Throne, in which pected events such as the SARS Privilege and procedure the Governor General presented the outbreak. Any unused portion of legislative agenda of Paul Martin's that fund will go directly toward government. Several bills from the paying down the debt. A surplus of On March 11, 2004, the MP for John previous session were reintro- approximately $6 to $7 billion is an- Haliburton-Victoria-Brock, O'Reilly duced, having not received Royal ticipated for the 2004-05 fiscal year. ,andtheMPfor Derek Assent before prorogation. The Lib- Committees Scarborough-Rouge River, Lee eral caucus introduced its new , raised a question of privilege relating to the broadcast on the Par- three-line voting system, designed The focal point of the Third Session liament Hill audio network of the to give Members more freedom to was the inquiry of the Standing proceedings of the Ontario Liberal voice their views and those of their Committee on Public Accounts into constituents. the sponsorship program. On Feb-

SUMMER 2004 /CANADIAN PARLIAMENTARY REVIEW 63 Caucus meeting held on February Pledge to Africa); Bill C-10, An Act to Act respecting a national day of remem- 25. amend the Contraventions Act and the brance of the Battle of Vimy Ridge; Bill The Speaker found the matter to Controlled Drugs and Substances Act; C-250, An Act to amend the Criminal be a prima facie case of privilege and and Bill C-25, An Act to establish a Code (hate propaganda); Bill C-260, the question was referred to the procedureforthedisclosureof An Act to amend the Hazardous Prod- Standing Committee on Procedure wrongdoings in the public sector, in- ucts Act (fire-safe cigarettes); Bill and House Affairs. The Committee cluding the protection of persons who C-411, An Act to establish Merchant presented its report on the matter on disclose the wrongdoings. Navy Veterans Day; and Bill C-459, April 26, 2004, finding that a breach Bills passed by the House and An Act to establish Holocaust Memo- of privilege had occurred, but that given Royal Assent include C-3, An rial Day. there was no evidence to indicate Act to amend the Canada Elections Act Other events that a deliberate act had taken place. and the Income Tax Act; C-4; C-5, An The Committee maintained that it Act respecting the effective date of the Following passage of Bill C-4, An was not up to the Committee to de- representation order of 2003; C-9; and Act to amend the Parliament of Canada termine whether the disclosure of C-24, An Act to amend the Parliament Act (Ethics Commissioner and Senate the proceedings by Sun Media con- of Canada Act. Ethics Officer) and other Acts in conse- stituted a criminal act, although Private Members' Business quence, Bernard Shapiro was ap- MPs could pursue the matter else- pointed as the House of Commons where if they thought this was the The House renewed the provisional Ethics Commissioner on April 29 case. Standing Orders on Private Mem- for a five-year term. Legislation bers' Business until the 60th sitting On May 23, Prime Minister Paul day of the next Parliament. These Martin asked the Governor General Of the 37 bills on the Order Paper for Standing Orders make almost all to dissolve the 37th Parliament, so the Third Session, 16 were reintro- items of private members' business that a general election could be held duced from the second session of votable. on June 28. the 37th Parliament. These included Seven private Members' bills Bill C-4, An Act to amend the Parlia- were passed at every stage and Jean-François Lafleur ment of Canada Act (Ethics Commis- given Royal Assent: Bill C-205, An Procedural Clerk sioner and Senate Ethics Officer) and Act to amend the Statutory Instru- Table Research Branch other Acts in consequence; Bill C-9, An ments Act (disallowance procedure for House Proceedings Act to amend the Patent Act and the statutory instruments); Bill C-212, An Food and Drugs Act (the Jean Chrétien Act respecting user fees; Bill C-227, An

64 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2004