Legislative Assembly of Manitoba Standing Committee on Law
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Fourth Session - Thirty-Sixth Legislature of the Legislative Assembly of Manitoba Standing Committee on Law Amendments Chairperson Mr. Jack Penner Constituency of Emerson Vol. XLVIII No.5- 10 a.m., Thursday, June 18, 1998 ISSN 0713-9586 MANITOBA LEGISLATIVE ASSEMBLY - Thirty-Sixth Legislature Member Constituency Political Affiliation ASHTON, Steve Thompson N.D.P. BARRETT, Becky Wellington N.D.P. CERILLI, Marianne Radisson N.D.P. CHOMIAK, Dave Kildonan N.D.P. CUMMINGS, Glen, Hon. Ste. Rose P.C. DACQUAY, Louise, Hon. Seine River P.C. DERKACH, Leonard, Hon. Roblin-Russell P.C. DEWAR, Gregory Selkirk N.D.P. DOER, Gary Concordia N.D.P. DOWNEY, James, Hon. Arthur-Virden P.C. DRIEDGER, Albert Steinbach P.C. DRIEDGER, Myrna Charleswood P.C. DYCK, Peter Pembina P.C. ENNS, Harry, Hon. Lakeside P.C. EVANS, Clif Interlake N.D.P. EVANS, Leonard S. Brandon East N.D.P. FAURSCHOU, David Portage Ia Prairie P.C. 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. HEL WER, Edward Gimli P.C. HICKES, George Point Douglas N.D.P. - JENNISSEN, Gerard Flin Flon 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. N.D.P. MACKINTOSH, Gord St. Johns N.D.P. MALOWAY, Jim Elmwood N.D.P. MARTINDALE, Doug Burrows P.C. McALPINE, Gerry Sturgeon Creek P.C. McCRAE, James, Hon. Brandon West N.D.P. McGIFFORD, Diane Osborne P.C. MciNTOSH, Linda, Hon. Assiniboia N.D.P. MIHYCHUK, MaryAnn St. James P.C. MITCHELSON, Bonnie, Hon. River East P.C. NEWMAN, David, Hon. Riel P.C. PENNER, Jack Emerson P.C. PITURA, Frank, Hon. Morris P.C. PRAZNIK, Darren, Hon. Lac du Bonnet P.C. RADCLIFFE, Mike, Hon. River Heights N.D.P. REID, Daryl Transcona P.C. REIMER, Jack, Hon. Niakwa P.C. RENDER, Shirley St. Vital N.D.P. ROBINSON, Eric Rupertsland P.C. ROCAN, Denis Gladstone N.D.P. SALE, Tim Crescent wood N.D.P. SANTOS, Conrad Broadway P.C. STEFANSON, Eric, Hon. Kirk field Park N.D.P. STRUTHERS, Stan Dauphin La P.C. SVEINSON, Ben Verendrye P.C. TOEWS, Vic, Hon. Rossmere P.C. TWEED, Mervin Turtle Mountain P.C. VODREY, Rosemary, Hon. Fort Garry N.D.P. WOWCHUK, Rosann Swan River 73 LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON LAW AMENDMENTS Thursday, June 18, 1998 TIME- 10 a.m. Mr. John Angus, Councillor, St. Norbert Ward, City of Winnipeg LOCATION- Winnipeg, Manitoba Mr. David M. Sanders, Colliers Pratt McGarry CHAIRPERSON- Mr. Jack Penner (Emerson) Bill38-The Planning Amendment and Consequential Amendments Act VICE-CHAIRPERSON Mr. Peter Dyck (Pembina) Mr. Stewart Briese, Union of Manitoba Municipalities ATTENDANCE - 10- QUORUM - 6 Ms. Valinda Morris, Provincial Council of Women of Manitoba Members of the Committee present: Bill 40-The Domestic Violence and Stalking Prevention, Protection and Compensation and Hon. Messrs. Derkach, Gilleshammer, Radcliffe, Consequential Amendments Act Toews Ms. Diane Peters, Private Citizen Mr. Ashton, Mrs. Driedger, Messrs. Dyck, Evans Ms. Marilyn McGonigal, Private Ptizen (Interlake), Penner, Reid Bill 45-The Manitoba Public Insurance Corporation APPEARING: Amendment Act Ms. Becky Barrett, MLA for Wellington Ms. Kristine Cowley, Canadian Paraplegic Mr. Gord Mackintosh, MLA for St. Johns Association Hon. James McCrae, MLA for Brandon West Mr. Garth Smorang, Manitoba Bar Association Ms. Diane McGifford, MLA for Osborne Dr. Greg Stewart, Manitoba Chiropractors Mr. Tim Sale, MLA for Crescentwood Association Mr. Conrad Santos, MLA for Broadway Mr. Frank Bueti, Private Citizen Mr. Jerry Kruk, Canadian Automobile Association WITNESSES: Bill 54-The Engineering and Geoscientific Bill 28-The Employment Standards Code and Professions and Consequential Amendments Act Consequential Amendments Mr. Dave Ennis, Association of Professional Ms. Candace Bishoff, Winnipeg Chamber of Engineers Commerce Bill 55-The CertifiedApplied Science Technologists Act Bill 32-The Municipal Amendment and Consequential Amendments Act Mr. Ralph Caldwell, Certified Technicians and Technologists Association of Manitoba Mr. John Nicol, Union of Manitoba Municipalities Mr. David M. Sanders, Colliers Pratt McGarry WRITTEN SUBMISSIONS: Bill 33-The Municipal Assessment Amendment and Bill 28-The Employment Standards Code and Consequential Amendments Act Consequential Amendments 74 LEGISLATIVE ASSEMBLY OF MANITOBA June 18, 1998 - John Doyle, Manitoba Federation of Labour Standards Code and Consequential Amendments Act; Bill 32, The Municipal Amendment and Consequential Bill 38-The Planning Amendment and Consequential Amendments Act; Bill 33, The Municipal Assessment Amendments Act Amendment and Consequential Amendments Act; Bill 38, The Planning Amendment and Consequential Carolyn Garlich, Council of Women of Winnipeg Amendments Act; Bill 39, The Highway Traffic Amendment Act; Bill 40, Domestic Violence and Bill 40-The Domestic Violence and Stalking Stalking Prevention, Protection and Compensation and Prevention, Protection and Compensation and Consequential Amendment Act; Bill 45, The Manitoba Consequential Amendments Act Public Insurance Corporation Amendment Act; Bill 54, The Engineering and Geoscientific Professions and Valerie Price, Manitoba Association for Rights and Consequential Amendments Act; Bill 55, The Certified Liberties Applied Science Technologists Act. Bill 45-The Manitoba Public Insurance Corporation We have presenters who have registered to make a Amendment Act public presentation on all bills, except for Bill 8, Bill I 0 and Bill 39. Steven Fletcher, Private Citizen It is the custom to hear public presentations before MATTERS UNDER DISCUSSION: consideration of the bill. Is it the will of the committee to hear the public presentations again first? Agreed? Bill 8-The Real Property Amendment Act [agreed] I will read then the names of the persons who Bill I 0-The Mining Tax Amendment Act have registered to make presentations this morning. Bill 28-The Employment Standards Code and Consequential. Amendments Act For Bill 28, Candace Bishoff,Winnipeg Chamber of Bill 32-The Municipal Amendment and Commerce. For Bill 32, John Nicol, Union of Consequential Amendments Act Manitoba Municipalities, and David M. Sanders, Bill 33-The Municipal Assessment Amendment and Colliers Pratt McGarry. For Bill 33, John Angus, Consequential Amendments Act Councillor, St. Norbert Ward, City of Winnipeg, and Bill 38-The Planning Amendment and Consequential David M. Sanders, Colliers Pratt McGarry. For Bill 38, Amendments Act Valinda Morris, Provincial Council of Women of Bill 39-The Highway Traffic Amendment Act Manitoba; Stewart Briese, Union of Manitoba Bill 40-The Domestic Violence and Stalking Municipalities; and Ed Arnold, Selkirk & District Prevention, Protection and Compensation and Planning Area Board. For Bill 40, Brian O'Neill, Consequential Amendments Act Private Citizen, and Diane Peters, Private Citizen. For Bill 45-The Manitoba Public Insurance Corporation Bill 45, Steven Fletcher, Private Citizen; Garth Amendment Act Smorang, Q.C., or Doug Patterson, Q.C., Manitoba Bar Bill 54-The Engineering and Geoscientific Association; Kristine Cowley or Randy Komishon, . Professions and Consequential Amendments Act Canadian Paraplegic Association; Dr. Greg Stewart, Bill 55-The Certified Applied Science Technologists Manitoba Chiropractors Association; Frank Bueti, Act Private Citizen; and Jerry Kruk, CAA Manitoba. For Bill 54, Peter Washchyshyn or Dave Ennis, The *** Association of Professional Engineers. For Bill 55, Ralph Caldwell, Certified Technicians and Mr. Chairperson: Would the Standing Committee on Technologists Association of Manitoba Inc. Law Amendments please come to order. This morning the committee will be considering the following bills: That is the list of the presenters so far. If there is Bill 8, The Real Property Amendment Act; Bill I 0, The anybody else in the audience that has not registered and Mining Tax Amendment Act; Bill 28, The Employment would like to make a presentation, would you please June 18, 1998 LEGISLATIVE ASSEMBLY OF MANITOBA 75 register with a Clerk at the back of the room or notify Ms. Peters: I was wondering at this time if you could the Clerk that you have a presentation. take a few moments to read the first four pages only, in the interest of time. 1 understand that we have some out-of-town presenters that are registered to speak to Bill 32, Bill Mr. Chairperson: I would suggest that you proceed and Bill 45. Is it the will of the committee to hear 38, with your presentations, and the committee members those first? can read the firstfour pages, if that is the will of your presentation. That will expedite the process. You may I also have one other request for a person that has a proceed. job interview later this morning. I wonder if we could hear that person first. Would it be agreed to that? Ms. Peters: My name is Diane Peters. I have [agreed] experienced domestic violence. Seven years ago I left a very violent marriage. For the last sevet\1 years I have The following are the out-of-town presenters. I am experienced stalking and what I would call criminal going to read first the person's name and ask her to harassment with no end in sight. I feel that it is very come and speak first. The out-of-town presenter is important that the laws in Manitoba be strengthened, Brian O'Neill. Diane Peters is the firstpresenter that I changed. Some of the issues that I have talked about in would ask the committee to hear, if that is possible. the paper that I have given to you need to be looked at. She is the private citizen that has a job interview this morning. As !looked through Bill 40 yesterday-! only got one day's notice, so I have only had one day to prepare for Before we proceed with the presentations, is it the this-it seems rather weak to me, and it does not address will of the committee to set time limits on many of the issues I have had to face in my life the last presentations? Can we set a IS-minute limit on seven years nor issues my four children have had to presentations and 10 minutes for questioning? [agreed] address in their young lives.