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Standing Committee on Law Amendments FifthSession • Thirty�FifthLegislature of the Legislative Assembly of Manitoba Standing Committee on Law Amendments Chairperson Mr. JackPenner Constituencyof Emerson Vol. XLill No.I • 9 a.m., Tuesday,June 28,1994 JSSN0713-9S86 MANITOBA LEGISLATIVE ASSEMBLY Thirty-FifthLegislature Members,Constituencies and PoliticalAffi liation NAME CONS1ITUENCY PARTY ASHfON, Steve Thompson NDP BARRE'IT,Becky Wellington NDP CARSTAIRS,Sharon River Heights Ubeml CERILLI,Mari anne Radisson NDP CHOMIAK. Dave Kildonan NDP CUMMINGS, Glen, Hon. Ste.Rose PC DACQUAY, Louise Seine River PC DERKACH,Leonard, Hon. Roblin-Russell PC DEWAR, Gregory Selkirk NDP DOER, Gary Concordia NDP DOWNEY,James, Hon. Arthur-Virden PC DRIEDGER,Albert, Hon. Steinbach PC DUCHARME,Gerry, Hon. Riel PC EDWARDS, Paul StJames Libeml ENNS, Harry,Hon. Lakeside PC - ERNST, fun, Hon. Charleswood PC EVANS,Clif Interlake NDP EVANS, LeonardS. Brandon East NDP FILMON, Gary,Hon. Tuxedo PC FJNDLAY,Glen, Hon. Springfield PC FRJESEN,Jean Wolseley NDP GAUDRY, Neil St. Boniface Libeml Gll.LESHAMMER, Harold, Hon. Minnedosa PC GRAY, Avis Crescentwood Libeml HEL WER, Edward R. Gimli PC IDCKES, George Point Douglas NDP KOWALSKI,Gary The Maples Libeml LAMOUREUX,Kevin Inkster Libeml LATHLlN, Osqr ThePas NDP LAURENDEAU, Marcel St.Norbert PC MACKINTOSH. Gord St. Johns NDP MALOWAY, fun Elmwood NDP MANNESS, Clayton, Hon. Morris PC MARTINDALE,Doug Bwrows NDP PC McALPINE,Gerry Sturgeon Creek - McCORMICK.Norma Osborne Liberal McCRAE, James, Hon. Brandon West PC MciNTOSH, Linda, Hon. Assiniboia PC MITCHELSON,Bonnie, Hon. River East PC ORCHARD, Donald, Hon. Pembina PC PALLISTER,Brian Portage la Prairie PC PENNER,Jack Emerson PC PLOHMAN,John Dauphin NDP PRAZNIK, Darren, Hon. Lac du Bonnet PC REID, Daryl Transcona NDP REIMER,Jack Niak:wa PC RENDER, Shirley St Vital PC ROBINSON,Eric Rupertsland NDP ROCAN, Denis,Hon. Gladstone PC ROSE,Bob TurtleMountain PC SANTOS, Conrad Broadway NDP SCHELLENBERG,Harry Rossmere NDP STEFANSON, Eric, Hon. KirkfieldParle PC STORIE,Jerry FlinFlon NDP SVEINSON,Ben La Verendrye PC VODREY, Rosemary, Hon. Fort Garry PC WOWCHUK. Rosann SwanRiver NDP l LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDINGCOMMITTEE ON LAW AMENDMENTS Tuesday, June 28, 1994 TIME- 9 a.m. Bill 4-The Energy and Consequential LOCATION- Winnipeg, Manitoba Amendments Act CHAIRPERSON - Mr. Jack Penner Donald Bailey, Manitoba Association for (Emerson) Rights and liberties MATTERS UNDER DISCUSSION: ATTENDANCE -10-QUORUM • 6 Members of the Committee present: Bill 2-The Prescription Drugs Cost Assistance Amendment and Pharmaceutical Hon. Messrs. McCrae, Orchard, Hon. Mrs. Amendment Act Vodrey Bill 3-The Cancer Treatment and Research Messrs. Ashton, Chomiak, Helwer, Foundation Amendment Act Lamoureux, Pallister, Penner, Mrs.Dacquay Bill 4-The Energy and Consequential APPEARING: Amendments Act GaryKowalski, MLAfor TheMaples Bill IS -The Law SocietyAmendment Act John Plohman, MLAfo r Dauphin Bill 19-TheMental Health Amendment Act WITNESSES: Bill 21-The Manitoba Medical Association Bill l9-T he MentalHealth Amendment Act Dues Act Nancy Davids, Private Citizen Bill 26- An Act to amend an Act to Protect Bill Martin, Canadian Mental Health theHealth of Non-Smokers (2) Association *** Bill 21-The Manitoba Medical Association Dues Act Clerk of Committees (Ms. Patricia John Laplume, Manitoba Medical Chaychuk-Fitzpatrick): Order, please. Will the Association Standing Committee on Law Amendments please come to order. Before the committee can proceed Bill 26- An Act to amend An Act to Protect with the business before it, it must elect a theHealth of Non-Smokers (2) Chairperson. Are there anynominations? Jane Stewart, Council for Tobacco Free Mrs. Louise Dacquay (SeineRiver): I would like Manitoba to move thatMr. Penner, the honourable member Written Submissions: for Emerson, assume the Chair. Bill 2-The Prescription Drugs Cost Madam Clerk: Mr.Penner has been nominated as Assistance Amendment and Pharmaceutical the Chair. Are there any further nominations? If Amendment Act not, Mr.Penner, you areduly elected the Chair. Donald Bailey, ManitobaAssociation for Mr.Chairperson: Will the Standing Committee Rights and liberties on Law Amendments please come to order. This Michelle Scott, Union of Manitoba morningthe committeewill be considering Bill 2, Municipalities The Prescription Drugs Cost Assistance 2 LEGISLATIVE ASSEMBLYOF MANITOBA June 28, 1994 Amendmentand Pha rmaceuticalAmendment Act; Bon. Rosemary Vodrey (Minister of Justice Bill 3, The Cancer Treatment and Research and Attorney General): No, thank you, Mr. Foundation Amendment Act; Bill 4, The Energy Chair, I believemy remarkswere all covered in the andConsequ ential Amendments Act; Bill15, The introductionin the bill in first and second readings. Law SocietyAmendment Act; Bill19, TheMental Mr. Chairperson: Thank you, Madam Minister. Health Amendment Act; Bill21, The Manitoba Does the critic for the official opposition have an Medical Association Dues Act; and Bill26, An opening statement? Act to amend an Act to Protect the Health of An Honourable Member: Not at this time. No Non-Smokers (2 ). statement. To date, we have had a number of presenters Mr. Chairperson: Thankyou. Does the critic for registered to speak to the bills this morning. I will the second opposition party wish to give an readthe names of the registered presenters aloud. opening statement? If there are any other persons who wish to make presentations to the committee this morning, will AnHonourable Member: No. they pleas� register at the back of the room. In Mr.Chairperson: Thankyou very much. We will addition, ifany presenters have a written copy of then deal with the bill on a clause-by-clause basis. their brief and would require photocopies to be Would it be the wish of the committee that we deal made, please contact the Clerk of the committee with the bill in its entirety from Oause 1 to aause and she will ensure that a sufficient number of 15? photocopies will be made. Some Honourable Members: Agreed. We have on Bill 2, Peter Sim, the Manitoba Mr. Chairperson: Agreed? Thank you. Clause 1 Association for Rights and Liberties; on Bill 4, to 15-pass; Title-pass; Bill-pass. Thankyou. presenter Peter Sim, Manitoba Association for * (0910) Rights and Liberties; on Bill 19, The Mental Health Amendment Act, BillMartin, the Canadian Bill2- The Prescription Dmgs Cost Mental Health Association, and Maureen Koblun, Assistance Amendment and Pharmaceutical Private Citizen; on Bill21, TheManitoba Medical Amendment Act Association Dues Act, John Laplume, Manitoba Mr. Chairperson: How would the committee Medical Association; and on Bill 26, An Act to wish to hear the presenters-in numerical order amend an Act to Protect the Health of going back to Bill2? Non-Smokers (2 ), Jane Stewart, Council for AnHonourable Member: Tobacco Free Manitoba. Yes. Mr. Chairperson: Numerical order? Okay. Did I am going to ask the committee whether it is thecommittee wish to use timelimits for thepublic their will that we proceed with The Law Society presentations? Amendment Act, as I understand the minister responsible for the act has other urgent AnHonou rable Member: No. commitments, andI would askwith theindulgence Mr.Chairperson: No? Okay. of the presenters thatwe deal with this act first. I would like to advise the committee then that a written presentation to Bill2 has been received Is it the will of the committee that we proceed withBill 15? [agreed] Thank you very kindly. from the Union of Manitoba Municipalities. This briefhas been distributed to committee members. You have that presentationbefore you, I believe. BilllS-The Law Society Amendment Act Could I ask then Mr. Peter Sim, Manitoba Mr. Chairperson: Could I ask the minister to Association for Rights and Liberties, to come come forward. Does the minister wish to make an fo rward please.Is Mr.Peter Sim here?It has been opening statement? indicated to the Oerk'sOffice thathe might not be June 28, 1994 LEGISLATIVE ASSEMBLY OF MANITOBA 3 here. We do have a written presentation which we to follow guidelines of The Mental Health Act in will distribute at this time. regardto the confidentiality of a client'srecords. Bill4-The Energyand Consequential These amendments are acceptableand should be Amendments Act passed. However, a numberof issues are raised by these amendments which may require changes to Mr. Chairperson: Could we ask Mr. Peter Sim The Mental Health Act, or may require the then to come forward on Bill 4. Seeing he is not Legislature to establish regulations which will here, we do have a written presentation on his ensure confidentialityin these new agencies. behalf which willbe distributed Over the years in which I have been a consumer Bill19-The MentalHealth of mental health services, I have been concerned Amendment Act about a number of practices. Some of these are: Mr. Chairperson: I call next then presenters on Staff talking about consumers with each other, Bill l9, TheMental Health Amendment Act. I call even when there does not seem to be anyapparent forward Mr. Bill Martin, CanadianMental Health reason to do so. Sometimes these discussions Association. Mr. Bill Martin, would you proceed occur where otherconsumers can hear. please. A breach of trustwherein, although I expect my Mr. BillMartin (Executive Director, Canadian records should be confidential, I found they were Mental Health Association): I do have one shared with the head nurse, the social worker and request in thatMaureen Koblun was to speak this the student social worker. I expected that what I morningas well, and because of the change of date told my doctor would not be told to anyone else. she could not be here. Another member from the This harmed my trust in the doctor and interfered same committee has agreed to make her with my therapy. Being able to trust is essential in presentationif that is acceptable to yourself. healing. Mr. Chairperson: Committee agreedto that? I get angry when my infonnation is abused. It is AnHonourable Member: Agreed. as if I have been abused. When my records are sharedin aseemingly inconsistent andcasual way, Mr. Chairperson: Agreed. I feel I have no sense of control. Yet it is crucialfor Mr.
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