Second Session - Thirty-Sixth Legislature of the Legislative Assembly of Manitoba Standing Committee on Privileges and Elections Chairperson Mr. Jack Penner Constituency ofEmerson Vol. XLVI No. 1- 2:45p.m., Tuesday, June 4, 1996 MANITOBA LEGISLATIVE ASSEMBLY Thirty-Sixth Legislature Members, Constituencies and Political Affiliation Name Constituenc)' J.>.a.rt.)' ASHTON, Steve Thompson N.D.P. BARRETT, Becky Wellington N D P. CERILLI, Marianne Radisson NDP CHOMIAK, Dave Kildonan NDP CUMMINGS, Glen, Hon. Ste. Rose P.C. DACQUAY, Louise, Hon. Seine River P.C. DERKACH, Leonard, Hon. Rob lin-Russell PC. DEWAR, Gregory Selkirk N.D P. DOER, Gary Concordia N.D.P. DOWNEY, James, Hon. Arthur-Virden P.C. DRIEDGER, Albert, Hon. Steinbach P.C. DYCK, Peter Pembina P.C. ENNS, Harry, Hon. Lakeside P.C. ERNST, Jim, Hon. Charleswood P.C. EVANS, Clif Interlake N.D.P. - EVANS, Leonard S. Brandon East N.D.P. FILMON, Gary, Hon. Tuxedo P.C. FINDLAY, Glen, Hon. Springfield P.C. FRIESEN, Jean Wolseley N.D.P. GAUDRY, Neil St. Boniface Lib. GILLESHAMMER, Harold, Hon. Minnedosa P.C. HELWER, Edward Gimli P.C. HICKES, George Point Douglas N.D.P. JENNISSEN, Gerard Flin Pion N.D.P. KOWALSKI, Gary The Maples Lib. LAMOUREUX, Kevin Inkster Lib. LATHLIN, Oscar The Pas N.D.P. LAURENDEAU, Marcel St. Norbert P.C. MACKINTOSH, Gord St. Johns N.D.P. MALOWAY, Jim Elmwood N.D.P. MARTINDALE, Doug Burrows N.D.P. McALPINE, Gerry Sturgeon Creek P.C. McCRAE, James, Hon. Brandon West P.C. McGIFFORD, Diane Osborne N.D.P. MciNTOSH, Linda, Hon. Assiniboia P.C. MIHYCHUK, MaryAnn St. James N.D.P. MITCHELSON, Bonnie, Hon. River East P.C. NEWMAN, David Riel P.C. PALLISTER, Brian, Hon. Portage Ia Prairie P.C. PENNER, Jack Emerson P.C. PITURA, Frank Morris P.C. PRAZNIK, Darren, Hon. Lac du Bonnet P.C. RADCLIFFE, Mike River Heights P.C. REID, Daryl Transcona N.D.P. REIMER, Jack, Hon. Niakwa P.C. RENDER, Shirley St. Vital P.C. ROBINSON, Eric Rupertsland NDP ROCAN, Denis Gladstone PC. SALE, Tim Crescentwood NDP SANTOS, Conrad Broadway N DP. STEFANSON, Eric, Hon. Kirkfield Park PC. STRUTHERS, Stan Dauphin N.D.P SVEINSON, Ben La Verendrye P.C. TOEWS, Vic, Hon. Rossme re PC TWEED, Mervin Turtle Mountain P.C. VODREY, Rosemary, Hon. Fort Garry P.C. WOWCHUK, Rosann Swan River N.D.P. LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON PRIVILEGES AND ELECTIONS Tuesday, June 4, 1996 TIME - 2:45 p.m. of Peter George Dyck being the Vice-Chainnan? Peter George Dyck has been elected as the Vice-Chairperson. LOCATION-Winnipeg, Manitoba This afternoon the committeehas two matters before it, CHAIRPERSON- Mr. Jack Penner (Emerson) namely, the consideration of the Report of the Judicial CompensationCommit teeand review of the operations of VICE-CHAIRPERSON- Mr. Peter Dyck (Pembina) the Children's Advocate section of The Child and Family Services Act. ATTENDANCE- 11 -QUORUM- 6 For the benefit of the committee members, copies of the Members of the Committee present: JCC report and the pertinent section of The Child and Family Services Act have been provided and are on the Hon. Mrs. Mitchelson, Hon. Messrs. Reimer, Toews table in front of you if you want to review them. Ms. Barrett, Messrs. Dyck, Kowalski, Mackintosh, * (1450) Martindale, Ms. McGifford, Messrs. Penner, Radcliffe Before we proceed with the consideration of the matters, it would be appropriate for the committee to decide and agree on how it wishes to deal with matters WITNESS: before it. There is a precedence in the case of the Judicial Compensation Committee report; and when the frrst Howard Collennan, Judge, Provincial Court Judicial Compensation Committee was considered by the Privileges and Elections committee in 1992, opening MATTERS UNDER DISCUSSION: comments were given by a representative from the government and by the opposition critic. The floor was Report and Recommendations of the Judicial then openfor generalcomments and questions during the Compensation Committee. course of consideration, and then the government House Reviewof the Operation of the Children's Advocate leader moved a motion that the Privileges and Elections , Section of The Child and Family Services Act. committee adopt Schedule A of the JCC report and recommend it to the House. The motion was then agreed to. * * * Inthe case of the review of the legislation pertaining to Mr. Chairperson: Could the committee come to order. theChildren's Advocate section of The Child and Family We, the Standing Committee on Privileges and Elections, Services Act, we are really in uncharted water, and I need to make one consideration and conduct one small would like some advicefrom the committee as to how we pieceof business before we start, and that is the election proceed. So the committee really needs to decide how it of a Vice-Chainnan. will proceed this afternoon. My recommendation to the committee is that each item be dealt with separately, that Hon. Jack Reimer (Minister of Urban Affairs): Mr. the opportunity for opening statements be accorded to the Chainnan, I would like to nominate the member for minister and/or government representative and the Pembina, Mr. Peter George Dyck.. opposition critic, and that the committee then proceed with questions and comments and consideration of the Mr. Chairperson: Peter George Dyck has been matter. This is just a recommendation, and I would like nominated. Any further nomination? If not, all in favour to hear what the will of the committee is. 2 LEGISLATIVE ASSEMBLY OF MANITOBA June 4, 1996 Mr. Doug Martindale (Burrows): Mr. Chairperson, we whether there are any suggestions how the committee are in agreement with your recommendation, and we wishes to proceed. would like the Judicial Compensation Committee report to go first. Mr. Chairperson: I am going to ask the opposition members if they want to make an opening statement and Mr. Chairperson: Is that in agreement with the then we will deal with the question before you. Mr committee? Mackintosh, do you have an opening statement? No. Some Honourable Members: Agreed. What is the will then of the committee? The report Mr. Chairperson: If so, we can agree, then we will deals with a number of recommendations. I understand consider the JCC report. that the judiciary has requested for some time extension of the consideration of this matter, and I wonder whether Report and Recommendations of the Judicial we should allow for some time, whether the committee Compensation Committee wishes to defer this matter till the next seating of the - House to give the judiciary adequate time to make Mr. Chairperson: First, Mr. Minister, will you come representationto thecommi ttee as it is, I believe, the will forward. of the judiciary. Thank you, Mr. Minister. Did you have an opening statement? Mr. Toews: Just onthat point, I would just, not wishing to cut offany members who want to speak on that issue, Hon. Vic Toews (Minister of Labour): Yes, I have a point out that there are judges in attendance here, Judge very brief statement just to point out some of the Collerrnan and Judge Devine. I understand that the background. The Green committee was established by Provincial Judges Association did, in fact, wish to make Order-in-Council in October of 1992. Hearings were certain representations, but at this point they are not in a scheduled for May of 1993, but at the first meeting the position to do so. My own inclination would be to Provincial Judges Association requested an adjournment. adjourn the committee to such a time as when these As a result of variousfactors, including the application of representations could be made by the committee, given Bill 22, the judges' hearings were not completed until that this committee will deal with matters directly 1995 with the report issuing on December 29, 1995. affecting the judges. Just in summary, the Green committee made various Mr. Chairperson: What I will do is ask the committee, recommendations in respect of salaries. There was a is it the will of the committee to hear Judge Co IIerman? recommendation for judges, a 2.3 percent increase Is it the will of the committee? [agreed] effective September I, 1993, to $96,180, a further 0.9 percentincrease effective September I, 1994, to $97,022. Please, Judge Collerrnan, come forward. Additional remuneration for the Chief Judge and three associate chiefs would remain at $5,000 and $2,000 Mr. Howard Collerman (Judge, Provincial Court): respectively. We had approached the government by letter approximately a month ago requesting that when the In respect of pensions, the recommendation was that standing committeewas ready to deal with the matter, we there was the application of the supplementary judicial would like theopportunity to make some representations. pension plan for all judicial service prior to its We felt that was appropriate. We take note, of course, implementation in July 1992 for all active judges at a that Mr. Irving is present today, I would assume cost of approximately $1.5 million. providing infonnation to the committee, as of course it is his duty to do, but I indicate, of course, that Mr. Irving I understand, Mr. Chairperson, that when the was also representing the government at the hearing. I recommendations of the committee were first reviewed, think in order that there not only be fairness and the there were some concerns that there was not sufficient perception of fairness that we, the other party involved in time. I just leave it to the committee at this point to see this, ought to have the opportunity to provide some June 4, 1996 LEGISLATIVE ASSEMBLY OF MANITOBA 3 additional representations to you, perhaps in order to put around.