Fourth Session - Thirty-Eighth Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable George Hickes Speaker Vol. LVII No. 32 - 1:30 p.m., Monday, March 6, 2006 MANITOBA LEGISLATIVE ASSEMBLY Thirty-Eighth Legislature Member Constituency Political Affiliation AGLUGUB, Cris The Maples N.D.P. ALLAN, Nancy, Hon. St. Vital N.D.P. ALTEMEYER, Rob Wolseley N.D.P. ASHTON, Steve, Hon. Thompson N.D.P. BJORNSON, Peter, Hon. Gimli N.D.P. BRICK, Marilyn St. Norbert N.D.P. CALDWELL, Drew Brandon East N.D.P. CHOMIAK, Dave, Hon. Kildonan N.D.P. CULLEN, Cliff Turtle Mountain P.C. CUMMINGS, Glen Ste. Rose P.C. DERKACH, Leonard Russell P.C. DEWAR, Gregory Selkirk N.D.P. DOER, Gary, Hon. Concordia N.D.P. DRIEDGER, Myrna Charleswood P.C. DYCK, Peter Pembina P.C. EICHLER, Ralph Lakeside P.C. FAURSCHOU, David Portage la Prairie P.C. GERRARD, Jon, Hon. River Heights Lib. GOERTZEN, Kelvin Steinbach P.C. HAWRANIK, Gerald Lac du Bonnet P.C. HICKES, George, Hon. Point Douglas N.D.P. IRVIN-ROSS, Kerri Fort Garry N.D.P. JENNISSEN, Gerard Flin Flon N.D.P. JHA, Bidhu Radisson N.D.P. KORZENIOWSKI, Bonnie St. James N.D.P. LAMOUREUX, Kevin Inkster Lib. LATHLIN, Oscar, Hon. The Pas N.D.P. LEMIEUX, Ron, Hon. La Verendrye N.D.P. MACKINTOSH, Gord, Hon. St. Johns N.D.P. MAGUIRE, Larry Arthur-Virden P.C. MALOWAY, Jim Elmwood N.D.P. MARTINDALE, Doug Burrows N.D.P. McFADYEN, Hugh Fort Whyte P.C. McGIFFORD, Diane, Hon. Lord Roberts N.D.P. MELNICK, Christine, Hon. Riel N.D.P. MITCHELSON, Bonnie River East P.C. MURRAY, Stuart Kirkfield Park P.C. NEVAKSHONOFF, Tom Interlake N.D.P. OSWALD, Theresa, Hon. Seine River N.D.P. PENNER, Jack Emerson P.C. REID, Daryl Transcona N.D.P. REIMER, Jack Southdale P.C. ROBINSON, Eric, Hon. Rupertsland N.D.P. ROCAN, Denis Carman P.C. RONDEAU, Jim, Hon. Assiniboia N.D.P. ROWAT, Leanne Minnedosa P.C. SALE, Tim, Hon. Fort Rouge N.D.P. SANTOS, Conrad Wellington N.D.P. SCHELLENBERG, Harry Rossmere N.D.P. SCHULER, Ron Springfield P.C. SELINGER, Greg, Hon. St. Boniface N.D.P. SMITH, Scott, Hon. Brandon West N.D.P. STEFANSON, Heather Tuxedo P.C. STRUTHERS, Stan, Hon. Dauphin-Roblin N.D.P. SWAN, Andrew Minto N.D.P. TAILLIEU, Mavis Morris P.C. WOWCHUK, Rosann, Hon. Swan River N.D.P. 1069 LEGISLATIVE ASSEMBLY OF MANITOBA Monday, March 6, 2006 The House met at 1:30 p.m. In your letter to the Auditor General of January 18, 2006, you indicate and I quote: "It has come to PRAYER my attention that an article by Martin Cash in the ROUTINE PROCEEDINGS Winnipeg Free Press dated the 17th of January 2006, stated that the Winnipeg Free Press obtained the Introduction of New Member report prior to its scheduled release. In addition, Mr. Speaker: I am pleased to inform the Assembly various media outlets also had extensive coverage of that the Clerk of the Legislative Assembly has the report and its contents on January 17, which received from the Chief Electoral Officer a letter would suggest the media had access to the report and indicating the election of Hugh McFadyen as the information obtained in the report prior to the member for the constituency of Fort Whyte. I hereby report being provided to the Speaker and members of table the Notice of Return of the member elected. the Legislative Assembly." We know, Mr. Speaker, that the Auditor General Mr. Stuart Murray (Leader of the Official is reviewing this matter. However, it is also a matter Opposition): Mr. Speaker, I have the honour to which we, as legislators, must also review and present to you Mr. Hugh McFadyen, member for the reassure the people of Manitoba that these inde- constituency of Fort Whyte, who has taken the oath, pendent offices can fulfill their mandate, that, signed the roll and now claims his right to take his indeed, this contempt of the House is being taken seat. seriously and if need be that new processes to deal Mr. Speaker: On behalf of all honourable members, with these types of reports will be put in place. I wish to welcome you to the Legislative Assembly Maingot, in the Second Edition, reminds us that of Manitoba and to wish you well in your contempt of the House is an offence against the parliamentary career. authority or dignity of the House. The events which MATTER OF PRIVILEGE led to this early release of the Auditor General's report is, Mr. Speaker, in my view, a contempt of the Mr. Leonard Derkach (Official Opposition House House and we need to address it. Leader): Mr. Speaker, on a matter of privilege. Therefore, I move, seconded by the Member for Mr. Speaker: The honourable Official Opposition Ste. Rose (Mr. Cummings), that the matter of how House Leader, on a matter of privilege. the media obtained the report Review of the Workers' Mr. Derkach: Mr. Speaker, I rise on a question of Compensation Board prior to its appropriate release privilege this afternoon. One of the collective by the Auditor General on January 17, 2006, to the privileges of the House is the ability of independent members of the Legislative Assembly and the people officers of the House such as the Auditor General, of Manitoba, be referred to the Standing Committee the Chief Electoral Officer and others to report to the on Legislative Affairs. members of the Legislature without interference in Mr. Speaker: Before recognizing any other their duties. As members representing the people of members to speak, I would remind the House that Manitoba, we must always have the assurance that contributions at this time by honourable members are these offices remain independent and free from to be limited to strictly relevant comments as to interference. whether the alleged matter of privilege has been So you can imagine our surprise when I read in raised at the earliest opportunity and whether a prima the media the details of the Auditor General's report facie case has been established. prior to him making it public on January 17, 2006. I Hon. Gord Mackintosh (Government House know that this view is not only shared on this side of Leader): Mr. Speaker, we certainly have no qualms the House but by the government side as well and with the view that this was raised at the earliest indeed by you, Mr. Speaker. opportunity. In terms of whether this is a prima facie * (13:35) matter of privilege, it would be our view that it 1070 LEGISLATIVE ASSEMBLY OF MANITOBA March 6, 2006 certainly is an affront to the House, is an affront to called into question because of this leak, so all of us the members. Whether it is contempt or a matter of should have the opportunity to be able to address the privilege, I will defer to you, but we have some issue in standing committee. questions as to whether it would meet that threshold So, therefore, we support, in terms of what the test. Opposition House Leader (Mr. Derkach) is sug- Nonetheless, in light of our concern that it gesting as a remedy to this particular issue. We certainly was an affront to members of the House recognize, Mr. Speaker, the value that the provincial and certainly an issue of very serious concern to all auditor's office has played here in the province of members, and indeed we wrote to you, Mr. Speaker, Manitoba, right from a multitude of different issues, once we had learned of this leak and asked for some and we do not want it to sidetrack the actual report remedy to be provided at the earliest opportunity, it itself, which is fairly condemning of the government is my understanding that you most diligently and in or the government's inaction. the interest of the members of this House asked the So we do want to get to the bottom of what took Auditor General to provide a reply to the allegations place. I was under the understanding that it might of leak and get back to your office on an expeditious have had something to do with the Web site, Mr. basis to make sure that information came to our Speaker, so I think that we do need to get to the attention that could then be addressed. bottom of it, the sooner the better, and I would We have no qualms of this going to the Standing recommend that we go through a standing Committee or to LAMC for that matter, but it may be committee. premature at this time. I will again defer to your Mr. Speaker: A matter of privilege is of serious office, Mr. Speaker, given that you have asked for concern. I am going to take this matter under what the investigation discovers done by the Auditor advisement to consult the authorities and I will return General. I do not think, in any event, that everything back to the House with a ruling. should end with the Auditor General's report, but I think that what is in that report may indeed deal with PETITIONS many of the questions that members of this House Crocus Investment Fund have. Mr. Kevin Lamoureux (Inkster): Mr. Speaker, a I would defer to you, recognizing that on this petition to the Legislative Assembly of Manitoba. side of the House we do not mind this is at all being reviewed, and I think whether it is LAMC or the The background to this petition is as follows: standing committee, Mr.