Legislative Reports

ture resumed in Quebec. On March to forest management activities, which 17, the Government broke with tra- was required to come into effect be- dition by tabling appropriations fore April 1, 2005. This was the sec- necessary for the administration of ond extraordinary sitting of the 37th the Government from April 1, 2005 Legislature. to June 30, 2005 rather than tabling Parliamentary Simulations the appropriations for the entire fis- cal year. Close to 140 participants hailing In his ruling on the Government's from 25 Quebec colleges took part in right to proceed in this manner, a Student Forum parliamentary n February 18, 2005, the Pre- President Michel Bissonnet stated simulation, which was held from mier of Quebec announced an that in our parliamentary system, O January 9-13, 2005 at the Parliament important Cabinet shuffle in which the Government and the Parliament Building. The young participants new departments were established each have a role to play in the bud- occupied the seats of the Members (Economic Development, Innova- getary process. Initially, the Gov- of the National Assembly to experi- tion and Export Trade, Tourism, ernment has complete latitude in ence the parliamentarian's work Government Services – including a the preliminary phase of this pro- first hand, both as a legislator and as sector responsible for Online Gov- cess. It is therefore up to the Govern- a controller of governmental activ- ernment) and other responsibilities ment to determine the amount of ity. The Forum parliamentarians were redistributed (Sustainable De- the estimates it will submit to the prepared a budget statement and velopment, the Environment and Assembly and when it will do so. statements by ministers, took part Parks, Education, Recreation and Once the estimates have been sub- in oral question periods and intro- Sports, Families, Seniors and the mitted to the Assembly, the latter's duced three bills, which, this year, Status of Women, Canadian Inter- role is to examine them and to de- concerned sustainable forest devel- governmental Affairs, cide whether or not it will grant opment, the improvement of finan- Francophones within Canada, the them in an appropriation bill. The cial conditions for students and Agreement on Internal Trade, the role of the Chair is to make sure that organ donation. The college stu- Reform of Democratic Institutions the role of the Assembly in budget- dents examined these bills in com- and Access to Information). On this ary matters is maintained. He also mittee before giving final passage occasion, five Members were given indicated that it is not for the Chair following a debate in the National ministerial duties while three Min- to rule on the document tabled nor Assembly Chamber. isters resumed their responsibilities to evaluate it. as Private Members; the Council of Other than the hundred plus The tabling of this document young Members, some fifteen other Ministers thus was raised from 25 to gave rise to the convening of an ex- 27 members. The composition of the individuals taking part in the Fo- traordinary sitting, which was held rum acted as press secretaries and Cabinet is available on the Assem- on March 21, 2005. This urgent bly web site at the following ad- journalists. In keeping with their meeting of the Assembly enabled role, they prepared press confer- dress: the consideration and adoption in http://www.assnat.qc.ca/eng/Me ences and releases and produced a Committee of the Whole of the said daily newspaper, the Vox Populi. mbres/titulaires2.html estimates, the introduction and pas- A record number of 134 Second- Rulings and Directives from the sage of the consequent appropria- ary 3 and 4 students took part in the Chair tion bill, and the completion of the third edition of the Young People's consideration and passage of Bill 71, Parliament, from February 16-18, On March 8, 2005, the proceedings An Act to amend the Forest Act and 2005, at the Parliament Building. of the 1st Session of the 37th Legisla- other legislative provisions applicable

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 39 During their activities at the Na- role of the National Assembly, its and “Should the school system be tional Assembly, the apprentice history and its achievements, as secularized?”. Finally, four awards Members experienced important well as the role of Members and the were given, including the Prix de la events in parliamentary life: the President. On this occasion, the stu- Présidence de l'Assemblée nationale,to swearing-in of Members, the debate dents of the high schools that were reward a work on Quebec politics; on the opening speech of the session visited had the opportunity to ex- the Prix de la Fondation Jean- and oral question period. Three bills change views with Mr. Bissonnet on Charles-Bonenfant, awarded to the were discussed, the themes of democracy and parliamentary life author of a doctorate dissertation which were: the implementation of in Quebec. and to that of a master's thesis also measures encouraging young peo- The President's tour constitutes concerning Quebec politics; and, fi- ple to take part in Quebec politics one of the elements of the educa- nally, the Prix Ministère des Relations (adopted); the addition of a home- tional activities programme estab- internationales du Québec (MRI) / work help day to the regular sched- lished by the Assembly. According Ministère des Affaires étrangères de ule (negatived); and the creation of to the President, the primary pur- France (MAEF) granting a scholar- an obligatory on-the-job training pose is to contribute to heightening ship covering the expenses of a session (adopted). the awareness of young people with week's stay in Paris on the occasion regard to the importance of taking of the 2006 edition of Political Book part in democratic life and to pres- Day organized by the French Na- Interparliamentary Relations ent our Assembly as the forum for tional Assembly. debates and expression on the In mid-March, during International issues that concern their daily lives. Johanne Lapointe Francophonie Week, six Quebec On April 5, 2005, citizens were in- Secretariat of the Assembly parliamentarians welcomed diplo- vited to take part in the third edition mats from member countries of La of Political Book Day in Quebec, Francophonie in their ridings. Dur- whose theme was “Ideas Within ing these meetings, the Quebec par- Standing Committee Activity Reach” at the Library of the Na- liamentarians and their guests share tional Assembly. The intention in knowledge in their respective sec- The Cabinet shuffle of February 18, choosing this year's theme was to tors of activity. The President of the 2005 had a significant impact on the make clear the desire for this Day to Assembly views these twinnings as standing committees since the serve as the privileged forum for an opportunity to increase the membership of all 11 committees discussions and debates by uniting awareness of Quebec's population was modified. As regards the chair- parliamentarians, citizens and au- with respect to La Francophonie, in men and vice-chairmen, Jacques thors concerned with political addition to enabling the diplomats Chagnon,theMemberfor books, an extremely rich literary to better understand the realities of Westmount-Saint-Louis, was genre that the National Assembly an electoral division in Quebec. The elected chairman of the Committee wishes to make known, while pro- ambassadors and consuls general on Education, Sam Hamad,the viding its authors with a new venue took part, among other activities, in Member for Louis-Hébert, was to share ever-pertinent views that meetings with representatives from elected chairman of the Committee encourage discussion and the education, culture and tourism on Public Finance, and Pierre reflection. sectors as well as from the business Descoteaux,theMemberfor sector in the electoral division of the The activities of Political Book Day Groulx, was elected vice-chairman Quebec Member with whom they in Quebec began with the launching of the Committee on Institutions. had been paired. of the Répertoire des fonds d'archives Another noteworthy event, the de parlementaires québécois, which is a National Assembly established a Other Activities research tool enabling users to re- select parliamentary committee to trace Members' documents that are hold special consultations regard- On February 14, 2005, the President conserved in various archives ser- ing the choice of a site for the future of the National Assembly began his vices throughout Quebec. Subse- Université de Montréal hospital annual tour of high schools quently, two round tables enabled centre (CHUM). This is the third se- throughout Quebec. The purpose of renowned participants to discuss lect committee to be created in 21 these visits is to allow students to the following themes: “Citizens and years, that is, since the adoption of become better acquainted with the the reform of voting procedures” the current Standing Orders in 1984.

40 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 Other than to examine a matter of March 3 and 16 to examine Orders of Initiative utmost concern, the establishment respectively the following themes: of a select committee allows a “Valuing the role of Members / Fos- As regards the principal mandates higher number of Members to take tering the autonomy and initiative undertaken at the initiative of the part therein. Indeed, while standing of Members” and “Modernization committees, the Committee on committees consist of between 10 of the organization and proceedings Transportation and the Environ- and 12 members, the select commit- of the National Assembly / Increas- ment examined the orientation, ac- tee consisted of 17 members. ing the efficiency of the work of tivities and management of the Chaired by the Member for Members”. Other sittings are sched- Agence métropolitaine de transport Chambly, Diane Legault, the select uled for spring 2005. The members' on March 23, 2005. The problems re- committee held public hearings on objective is to reach a final proposal lated to the development of the February 28 and March 1-3, 2005, before the adjournment of proceed- commuter rail system in the metro- during which it heard 16 groups ings for the summer holidays. politan region attracted much inter- and received 29 submissions. It was The Committee on Labour and est among parliamentarians from dissolved on March 8, 2005 follow- the Economy held a general consul- the Montreal region. ing the tabling of its report in the tation on the document entitled The For its part, the Committee on National Assembly. Energy Sector in Quebec – Context, Is- Culture held a deliberative meeting From January 24-28, 2005, the sues and Questions. From January 25 to hear Luc Noppen, Canada Re- Committee on Transportation and to mid-April 2005, the Committee search Chair on Urban Heritage at the Environment sent two of its heard 139 groups in public hear- theUniversitéduQuébecà members on a mission to Paris to ings, which groups were chosen Montréal, as a preliminary step in take part in the International Con- from among the 163 submissions re- its order of initiative on the issues ference sponsored by UNESCO and ceived. This is the most extensive surrounding Quebec's religious entitled “Biodiversity: Science and general consultation that has been heritage. Governance.” The purpose of the held since the beginning of the In compliance with certain provi- Conference was to assess knowl- current Legislature. sions of the Act respecting educational edge and current needs with regard The Committee on Social Affairs institutions at the university level, to research and scientific expertise also held a broad general consulta- from February 1-9, 2005, the Com- in the field of biodiversity and to ex- tion on Bill 83, An Act to amend the mittee on Education heard the amine the public and private ap- Act respecting health services and so- heads of thirteen Quebec universi- proaches to conserving and cial services and other legislative provi- ties. The Committee on Public Ad- managing biodiversity. sions. From February 28 to April 6, ministration heard the Deputy 2005, 78 groups were heard during Minister of Justice, the Deputy Min- 23 sittings, and a total of 98 submis- ister of Employment, Social Solidar- Orders of Reference from the ity and Family Welfare as well as Assembly sions were received. The Commit- tee on Planning and the Public the Secretary of the Treasury Board during the months of February and Among the principal orders of ref- Domain held public hearings March 2005, pursuant to the Public erence from the Assembly, it should within the framework of special Administration Act. The Commit- be noted that the Subcommittee of consultations on Bill 62, Municipal tee's recommendations with regard the National Assembly met on three Powers Act. The main purpose of to these accountability mandates occasions this winter to examine the this bill is to adapt and modernize will be made public next June. two parliamentary reform propos- the legislative provisions governing als tabled in June 2004. For this pur- municipalities, certain of which pose, on March 1, 2005, the date back over 100 years. Subcommittee heard the Amicale des Furthermore, in the coming anciens parlementaires du Québec on weeks, the standing committees Marc Painchaud both reform proposals and then en- should proceed with the annual Secretariat of Committees tered upon the examination of the consideration of the estimates of ex- Translation: Sylvia Ford first theme entitled “Citizens' par- penditure 2005-2006 for a period Secretariat of the Assembly ticipation in parliamentary life / not to exceed 200 hours. Bringing the Assembly and the citi- zens together". It again met on

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 41 • C-4, International Interests in Mo- Committees bile Equipment (aircraft equipment) Act on February 24; A progress report on the work un- • C-302, An Act to change the name of dertaken by the Official Languages the electoral district of Committee during the fall of 2004 Kitchener-Wilmot-Wellesley-Wool- was tabled in the Senate on Febru- wich on February 24; ary 23. The committee was given • C-304, An Act to change the name of the mandate to study the 2004 An- the electoral district of Battle River nual Report of the Commissioner of Of- on February 24; ficial Languages and the operation of Senate • C-36, An Act to change the bound- the Official Languages Act. aries of the Acadie-Bathurst and Miramichi electoral districts on Feb- Speaker's Rulings hile Senate committees contin- ruary 24; ued to work on special studies, W • C-24, An Act to amend the Fed- On February 15 Senator John business in the Chamber was quiet eral-Provincial Fiscal Arrangements Lynch-Staunton raised a point of during the early months of 2005. Act and to make consequential order to object to proceedings that The regular flow of legislation from amendments to other Acts (fiscal had occurred with respect to Bill the House of Commons to the Sen- equalization payments to the prov- C-14 which provides for a land inces and funding to the territories) ate was slowed by the dynamics of on March 10; claims and self-government agree- the minority government and by ment among the Tlicho, the Govern- political issues that occupied the • S-17, Tax Conventions Implementa- ment of the tion Act, 2004 on March 23; time and attention of the govern- and the Government of Canada. ment. As a result, only legislation of • C-20, First Nations Fiscal and Sta- The bill was adopted with leave im- a non-controversial and routine tistical Management Act on March mediately following the presenta- 23; nature reached the Senate. tion of the committee report. • C-6, Department of Public Safety Royal Assent Senator Lynch-Staunton disagreed and Emergency Preparedness Act on with the accelerated consideration March 23; It has become easier to have Royal and even more with the fact that it • C-39, An Act to amend the Fed- Assent more often since the passage had happened during Routine Pro- eral-Provincial Fiscal Arrangements ceedings. His real objection, how- of a bill in June 2002 which provided Act and to enact An Act respecting for written declaration as an alter- the provision of funding for diagnos- ever, was that asking for leave in native to the formal ceremony in the tic and medical equipment on March this kind of situation was contrary Senate Chamber with Members of 23; to good practice. In his ruling on the Commons at the Bar. Royal As- • C-41, Appropriation Act No. 4, February 23, Speaker Dan Hays ad- sent by written declaration takes 2004-2005 on March 23; mitted the events of February 15 were out of the ordinary, but ruled less time to arrange, does not inter- • C-42, Appropriation Act No. 1, rupt parliamentary business and 2005-2006 on March 23; that once the Senate had given leave eases the ceremonial burden placed he was powerless to prevent it from • C-18, An Act to amend the Telefilm happening. on the Governor General and the Canada Act and another Act on justices of the Supreme Court who March 23; Senator Anne Cools rose on a act as her deputies. During the point of order on February 23 to • C-8, An Act to amend the Financial claim that Bill C-6 which establishes spring of 2005 a total of 16 bills re- Administration Act, the Canada ceived Royal Assent by written dec- School of Public Service Act and the the Department of Public Safety laration on five different occasions: Official Languages Act on April 21; and Emergency Preparedness re- and quired Royal Consent because it af- • C-14, the Tlicho Land Claims and • C-30, An Act to amend the Parlia- fected the prerogative powers of the Self-Government Act on February ment of Canada Act and the Salaries Crown. At issue was the bill's at- 15; Act and to make consequential tempt to abolish the position of the amendments to other Acts on April • C-7, An Act to amend the Depart- Solicitor General who, in the opin- 21. ment of Canadian Heritage Act and ion of Senator Cools, was an officer the Parks Canada Agency Act and to of the Crown. It was her contention make related amendments to other that such a position could not be al- Acts on February 24;

42 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 tered in legislation without Royal April 12 along with other new Sena- year. The Speech, entitled “The Consent. The Speaker found no evi- tors Elaine McCoy, Grant Mitchell Next Alberta” outlined the govern- dence to support her argument. In and Claudette Tardif from Alberta, ment's initiatives in areas such as his ruling he declared Bill C-6 did Robert Peterson and Lillian Dyck health, education and the economy. not impinge on the prerogatives or from Saskatchewan, Nancy Ruth The Speech also detailed projects interests of the Crown and for that from and Jim Cowan from and programs established to com- reason there was no need for Royal Nova Scotia. At present, there are 98 memorate Alberta's centennial and Consent. Senators, including 37 women. paid tribute to the Late, Dr. Lois E. Motions Hole, former Lieutenant Governor Mary Mussell of Alberta. Other highlights in- Journals Branch clude: TheSenateadoptedamotionon February 17 condemning the act of • the establishment of a $3-billion terrorism that killed former Leba- endowment fund from surplus nese Prime Minister Rafik Hariri revenues to pay for apprentice- and calling on the Government of ship certification and training Canada to continue to pursue jus- programs, scholarship and fel- tice and independence for the lowship programs, a digital li- brary and other initiatives within people of Lebanan. the post-secondary learning A motion to approve the appoint- system; ment of Jean T. Fournier as Senate • the commitment on behalf of the Ethics Officer was considered by Alberta government to develop a "Third theSenateinCommitteeofthe Way" for health care; Whole on February 24. Although n March 1, 2005, the Members • increased funding for AISH (As- some Senators expressed concern Oof the Legislative Assembly of sured Income for the Severely that the appearance of Mr. Fournier Alberta met to elect presiding offi- Handicapped) clients; was premature since the Senate had cers for the 26th Legislature. Ken • an increase in Alberta's minimum not yet adopted a code of conduct, Kowalski was acclaimed for the wage to $7 per hour; they nevertheless supported his second time as Speaker of the Al- nomination and approved his ap- berta Legislative Assembly in what • the development of a provincial water conservation plan; and pointment for a term of seven years. is his third term as Speaker. Mr. • enhanced civilian oversight of Milestones Kowalski has been a Member of the Assembly for 26 years, having first police services. been elected for what is now the Tributes were paid to the memory As House Leaders were unable to of two former Senators, Royce Frith constituency of Barrhead- Morinville-Westlock in a 1979 agree on the rotation of questions and Irvine Barrow.Mr.Frith, during Oral Question Period, served as Deputy Leader of the by-election. Richard Marz, (P.C. Olds-Didsbury-Three Hills) was Speaker Kowalski ruled in a March Government, Deputy Leader of the 8th statement that a similar rotation Opposition and Leader of the Op- elected Deputy Speaker and Chair- man of Committees. Mr. Marz was from the previous Legislature position during the years 1980 to would apply for three out of four 1993, died on March 17. Mr. Barrow, first elected to the Alberta Legisla- ture in 1997. Shiraz Shariff, (P.C. days. (Under the new rotation, the whose death at 92 years of age also Official Opposition would be enti- occurred on March 17, was remem- -McCall) was re-elected Deputy Chair of Committees. Mr. tled to two more questions and the bered for his leadership as chair- New Democrat Opposition one af- man of the Banking, Trade and Shariff, who has held this position since 2001, was first elected in a 1995 ter the 14th and subsequent ques- Commerce Committee and the Na- tions). On the fourth day, the tional Finance Committee. by-election. Alberta elects its pre- siding officers by secret ballot. rotation would be altered to pro- Retired General Roméo Dallaire, vide the Alberta Alliance Member who headed the United Nations On March 2, 2005, Lieutenant Governor Norman L. Kwong deliv- with the fifth question. Speaker peacekeeping mission in Rwanda Kowalski also noted that the prac- and former defence minister Art ered the Speech from the Throne. The Speech highlighted visions for tice of permitting a main question, Eggleton, were appointed to the preceded by a short preamble, fol- Senate. They were sworn in on Alberta's future in its centennial

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 43 lowed by two supplementary ques- ers who are on extended tempo- tee stage and introduced the tions, without a preamble, would rary partial disability benefits. recommittalmotionsothatthe Opposition Members have ex- continue for the duration of the 26th pressed their opposition to the Committee of the Whole could re- Legislature. Bill and claim the amendments consider the amendments. The The House Leaders of all three are extreme. A reasoned amend- member of the Opposition who parties reached an agreement con- ment was moved during Second supported the recommittal motion reading of the Bill and noted that this was the position cerning changes to the Standing Or- subsequently defeated. ders of the Legislative Assembly. taken at a recent Progressive Con- The amendments concerned Mem- • Bill 29, Assured Income for the Se- servative convention. The amend- verely Handicapped Amendment ment was subsequently defeated. bers' Statements (6 every day for 2 Act, 2005, would amend the cur- minutes) and Private Members' Mo- rent Act by expanding the defini- The Bill comes into force on Procla- tions (a new one each Monday eve- tion of benefits available to AISH mation. ning). These changes came into recipients to include supplemen- Bill 202, Protection of Children effect on April 11, 2005. tary payments for emergent or Abusing Drugs Act, sponsored by personal costs outside the current At the time of writing, 19 Govern- financial and health benefit Mary Anne Jablonski(PC,Red ment Bills and 2 Private Members' package. Deer-North), provides provincial authorities and parents with the Public Bills had been passed by the • Bill 39, Traffic Safety Amendment Assembly. Act, 2005, would notably make power to place children under the age of 18 into 90-day mandatory Government Bills changes regarding the seizure of vehicles involved in prostitu- drug treatment programs. On April tion-related offences. 14, the sponsor of the Bill requested Some Bills before the Assembly in- Private Members' Public Bills and received the unanimous con- clude: sent of the Assembly to waive • Bill 1, Access to the Future Act, would establish the following in- Two Private Members' Public Bills Standing Orders to allow for consid- vestments in post-secondary edu- passed by the Assembly include: eration of the Bill in place of Gov- cation: a $3-billion Access to the Bill 201, Smoke-free Places Act, ernment Business. During Future endowment to support sponsored by Dave Rodney (PC, Committee of the Whole consider- and foster innovation and initia- ation, substantial amendments tives in education; a $1-billion ex- Calgary-Lougheed), sets prov- pansion to the Alberta Heritage ince-wide standards concerning were introduced and passed. The Scholarship Fund; and a smoke-free areas by creating most notable amendment removed $500-million expansion to the Al- smoke-free environments in en- the 90-day treatment order due to berta Heritage Science and Engi- closed public and work places. Dur- concerns raised regarding the Cana- neering Research Fund. Bill 1 also dian Charter of Rights and Freedoms. lays the foundation for a common ing Committee of the Whole post-secondary and scholarship consideration, the Bill was The Bill comes into force on July 6, application process and a simpler amended so that only public places 2006. process for obtaining student fi- and workplaces that permit minors Private Bills nancial assistance. The Bill re- ceived criticism from Opposition would be smoke free. The Bill was Members who argued that it does also amended to include a provision One Private Bill which received sig- not address the problem of whereby if a conflict was to arise be- nificant public attention last year increased student debt tween a provision of the Bill or a was Bill Pr5, Brooklyn Hannah George inadequacies within the student provision of a municipal bylaw, the loan system. Rewega Right of Civil Action Act. The more restrictive one would prevail. Bill would have allowed a child to • Bill 15, Workers' Compensation A recommittal motion was commence an action against the Amendment Act, 2005,would grant the same immunities from moved by Hugh MacDonald (Lib- mother for injuries sustained in a legal action currently extended to eral, Edmonton-Gold Bar) during traffic accident that occurred prior employees of the WCB to the third reading to refer the Bill back to to birth. The daughter, who was board of directors of the WCB. Committee of the Whole to recon- three years old at the time the peti- The Bill would allow the WCB to sider a particular section of the Bill tion was submitted, is alleged to regulate fees charged by private lawyers working on third-party in order to extend the smoking ban have suffered brain damage and civil actions. In addition, it would to all public buildings. The Opposi- blindness as a result of a single vehi- allow private lawyers to pay the tion disagreed with the scope of the cle accident which occurred when costs of living increases to work- amendments to the Bill at Commit- her mother was pregnant. The Bill

44 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 would have allowed the father, on Other elements of Budget 2005 in- during the recognition ceremony behalf of the child, to bring a civil clude: were Ralph Klein, Premier of Al- action against the mother for dam- berta; Harry Chase,MLA,Cal- ages arising from the accident. Such • the Heritage Savings Trust Fund gary-Varsity, representing the an action is prohibited by the com- is to be inflation-proofed by add- Official Opposition; Brian Mason, mon law. The Bill died on the Order ing $667 million over the next MLA, Leader of the New Democrat three years; Paper upon the calling of the provin- Opposition; Gene Johnson, Presi- cial election in 2004. • 200 police officers will be added dent, Canadian Francophone Asso- A virtually identical Private Bill in 2005-06; ciation of Alberta; and Denis was introduced this session. The • a projected economic growth rate Ducharme, MLA, Bonnyville-Cold Department of Justice expressed of 3.7 per cent; Lake, Chair, Francophone Secretar- concerns with the Bill, in particular • the assumption that prices will be iat. the issue of maternal liability and $42.00 US a barrel for oil and $5.60 A ceremony was held on April 25, the precedents which would be set Cdn per thousand cubic feet for 2005 in the Legislature Rotunda to natural gas. with by the legislation. Concerns unveil the portrait of the former were also expressed that the matter Select Special Committee Lieutenant Governor of Alberta, had not yet been fully litigated Dr. Lois E. Hole. which would encourage others to On March 8, 2005, the Legislative seek redress through private bills Assembly approved a motion to ap- Micheline Orydzuk rather than the judicial system. At point a Select Special Committee to Clerk of Journals/Table Research the time of writing, the Committee review the Conflicts of Interest Act as decided to defer its deliberations on required by that Act. The all-party the matter until the Fall Sitting. committee must submit its report, Budget 2005 including any proposed amend- ments to the Act, within one year of On April 13, 2005, Shirley commencing its review. Neil McClellan, Minister of Finance, Brown (PC, Calgary-Nose Hill) will presented the Budget and the esti- chair the committee. mates for the 2005-06 fiscal year. Other Events Revenue for the 2005-06 fiscal year House of Commons is estimated to be just over $27 bil- On April 6, 2005, the Legislative As- lion and total resource revenue is sembly approved a motion to allow ince the House resumed on Jan- expected to be $7.68 billion. The for a special sitting on Tuesday, Suary 31, 2005 the government Minister projected total expendi- May 24, 2005, so that Her Majesty, has been under continual attack tures of $25.83 billion in 2005-06. Queen Elizabeth II may address from the opposition as the testi- Surplus revenue is estimated to be the Assembly. mony of witnesses before the Com- $1.52 billion. The Budget increases Speaker Kowalski hosted a cere- mission of Inquiry into the the base budget for the Department mony recognizing the Muslim Fes- Sponsorship Program and Adver- of Health and Wellness to $9.5 bil- tival of Eid-ul-Adha in the Rotunda tising Activities (”Gomery Com- lion which accounts for 37 per cent of the Alberta Legislature Building mission”) continued to fuel of the budget. Funding for Ad- on February 7, 2005. Eid-ul-Adha allegations against the Liberal party vanced Education (which oversees means the “Festival of Sacrifice” and government. post-secondary education pro- and is one of two festivals cele- grams) will increase by 13.4% to brated by all Muslims worldwide. Budget $1.7 billion while program support On March 15, 2005, Speaker The first budget of this 38th Parlia- for education will increase by 7 per Kowalski hosted a ceremony in the ment, presented by Finance Minis- cent for a total of $4.3 billion. Fund- Legislature Building Rotunda rec- ter Ralph Goodale on February 23, ing for infrastructure programs will ognizing Alberta's francophone 2005, contained measures corre- be increased to $9.2 billion and mu- community. Les Rendez-vous de la sponding, in some measure, to the nicipalities across Alberta will re- Francophonie is a celebration of the concerns of each of the opposition ceive a total of $3.1 billion over the province's French culture and his- parties; this met with some success, next three years. tory. Joining Speaker Kowalski

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 45 as the Leader of the Opposition General of Canada), continued to gain ing a more important role for publicly opined that there was momentum when the Committee parliamentarians and the prov- “nothing in it” sufficient to justify resumed meeting in February. inces.” the defeat of the government. The The Committee's ninth report (its Privilege and Procedure other two opposition parties were second on this study), presented in more critical of measures they con- the House on April 7, 2005, con- On April 1, 2005, Procedural Ser- sidered to be inadequate to Can- tained 29 specific recommenda- vices of the House of Commons, ada's commitments under the tions, among them, “That the pursuant to a recommendation of Kyoto Protocol. government provide the Committee the Standing Committee on Proce- This was the Liberals' eighth with an action plan that includes dure and House Affairs, launched a straight balanced budget and it in- target implementation and comple- system for the electronic submis- cluded a promise of $12.8 billion of tion dates for the components of the sion of notices involving an government expenditure on the Auditor General's recommenda- e-notices website. military during the next five years, tion.” A government response was On February 18, 2005, the House as well as $5 billion over the next requested, pursuant to the adopted a motion approving nu- five years for national day care. The provisions of Standing Order 109. merous changes to the Standing Or- government committed itself to On April 11, 2005, the committee ders to come into effect on March 7, sharing gas tax revenues with mu- agreed to a motion “That, in relation 2005. These changes, which are in- nicipalities at the rate of 1.5 cents to its study of Chapter 5 of the No- tended to streamline existing proce- per litre, or $600 million in 2005, ris- vember 2003 Report of the Auditor dures, are to remain in effect for the ing to 5 cents a litre or $2 billion an- General of Canada, Terrie O'Leary, duration of the current parliament nually by 2009-2010. A modest Warren Kinsella, David Herle and and during the first sixty sitting measure of tax relief was also of- Peter Daniel be summoned to ap- days of the succeeding parliament. fered in the form of a slight increase pear before the Committee on Mon- Highlights of these changes include in the personal exemption applica- day, April 18, 2005”. The testimony simplification of the rules govern- ble to taxable income. As of the end of these witnesses contributed sig- ing lengths of speeches and split- of April, the budget implementa- nificantly to the growing storm of ting of time during debates, new tion bill (C-43) was still before the controversy in connection with alle- rules governing debates on concur- House. gations of corruption in relation to rence in Committee reports, an in- Committees the sponsorship program. crease in the number of Supply When the House adjourned at the Days for the supply period ending The minority Parliament has seen end of April, the Committee was June 23, 2005, and specification that an unprecendented, and continu- awaiting a ruling from its Chair on every opposition motion now be ally increasing, volume of commit- the admissibility of a motion calling votable unless its sponsor decides tee activity since February of this for the resignation of the otherwise. year; committees have met more government. On Wednesday, February 23, frequently, travelled more, and, in Also noteworthy, is a study by the 2005, the Standing Committee on some cases, been the conduit for Standing Committee on Justice, Hu- Procedure and House Affairs pre- challenges to the Government in the man Rights, Public Safety and sented its 28th Report on a Question form of motions for concurrence in Emergency Preparedness on the of privilege raised by Michel committee reports recommending process whereby judges are ap- Guimond (Montmorency - the resignation of the government. pointed to the Supreme Court of Charlevoix - Haute-Côte-Nord) on The ongoing parliamentary in- Canada. In its seventh report, pre- November 22, 2004. The question of quiry of the Standing Committee on sented in the House on April 21, privilege concerned the usurpation Public Accounts, conducted pursu- 2005, the committee expressed its of the title of “Member of Parlia- ant to the Committee's mandate un- “great disappointment” with re- ment” by Serge Marcil who had der Standing Order 108(3)(g) – a gard to the reform proposed by the represented the riding of study of Chapters 3 (The Sponsor- government and recommended Beauharnois - Salaberry in the 37th ship Program), 4 (Advertising Ac- that it “reconsider its position and Parliament. On Tuesday, Novem- tivities) and 5 (Management of come back to the Committee before ber 23, 2004, the Speaker ruled that Public Opinion Research) of the No- the end of June with a new and more an advertisement placed in Mr. vember 2003 Report of the Auditor ambitious reform proposal, includ- Marcil's name constituted a prima

46 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 facie breach of privilege and the Canada Act and to make consequen- sioner of the Royal Canadian matter was referred to the Standing tial amendments to other Acts; Mounted Police, Giuliano Committee on Procedure and • C-45, An Act to provide services, as- Zaccardelli, the Speaker invited all House Affairs. The Committee's re- sistance and compensation toorin of the Members to rise for a minute port concluded that the advertise- respect of Canadian Forces mem- of silence. bers and veterans and to make ment was published in error, and amendments to certain Acts; and that there was no intention on the Gary Sokolyk part of any of the parties to misrep- • C-46, An Act to amend the Correc- Procedural Clerk tions and Conditional Release Act Table Research Branch resent Mr. Marcil as the Member for and the Criminal Code. Beauharnois - Salaberry. A motion House Proceedings to concur in the report was moved Two bills were negatived on divi- and agreed to. sion in the House on February 14, Legislation 2005:

Of the 46 bills on the Order Paper for • Bill C-31, An Act to establish the De- the first session of the 38th Parlia- partment of International Trade and ment, 16 have received Royal As- to make related amendments to cer- tain Acts; and sent, and six have been passed by the House and are currently under • Bill C-32, An Act to amend the De- consideration by the Senate. partment of Foreign Affairs and In- ternational Trade Act and to make On February 1, 2005 the Govern- consequential amendments to other ment introduced Bill C-38, An Act Acts. he Third Session of the respecting certain aspects of legal ca- TThirty-Eighth Legislature re- pacity for marriage for civil purposes This is the first time that govern- sumed on March 7, 2005. The Min- (also known as the “same-sex mar- ment bills have been defeated since ister of Finance riage bill”), on which Liberal Mem- 1968. (NDP - St. Boniface) delivered his bers not in the cabinet were to be fifth budget address on March 8. Other Events free to vote as they saw fit. The total operating expenditure for Other Bills introduced in the the 2005-2006 Budget came in at House since January 31, 2005 in- A take-note debate was held in early $8.1 billion, an increase of 6.6% from clude: February on the adoption of a report 2004-2005. In his budget speech Mr. by the Standing Committee on Fi- Selinger described the “four key pil- • C-40, An Act to amend the Canada nance on the balancing of budget lars” on which he based the 2005 Grain Act and the Canada Transpor- priorities. An emergency debate on budget. tation Act; the Canadian livestock industry • C-41, An Act for granting to Her took place in March. 1. Paying down debt Majesty certain sums of money for On the morning of February 3, the public service of Canada for the fi- 2005, the Speaker drew the Mem- • debt payment increased to $110 nancial year ending March 31, 2005 bers' attention to the use of the million from $96 million (Appropriation Act No. 4, wooden mace that is used once an- 2004-2005); • no draw from the Fiscal Stabiliza- nually on the anniversary of the tion Fund (rainy day fund) • C-42, An Act for granting to Her 1916 fire that destroyed the Centre Majesty certain sums of money for Block on Parliament Hill. the public service of Canada for the fi- 2. Making strategic investments nancial year ending March 31, 2006 On the morning of Monday, (Appropriation Act No. 1, March 7, 2005, representatives of all • significant increases for health 2005-2006); parties in the House made short and education • C-43, An Act to implement certain statements with respect to the tragic • eight per cent funding increase provisions of the budget tabled in deaths of four R.C.M.P. Officers in for City of Parliament on February 23, 2005; Mayerthorpe, Alberta, on March 3, • 10 per cent tuition reduction con- • C-44, An Act to amend the Canada 2005. After drawing the attention of tinues for fifth straight year Transportation Act and the Railway Members in the House to the pres- • 40 additional police officers Safety Act, to enact the VIA Rail ence in the gallery of the Commis- across Manitoba

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 47 3. Cutting taxes On the fifth day of the budget de- balances held in locked-in retire- bate Jon Gerrard (Independent Lib- ment benefit plans. • six-year tax reductions total $500 eral - River Heights) officially During her second reading million registered his disapproval of the speech on December 8, 2004, Minis- • personal income taxes cut by an- budget through a sub-amendment ter of Labour Nancy Allan (NDP - other $30 million to Mr. Murray's non-confidence St. Vital) indicated that the Bill “rep- • business taxes reduced by $54 motion. Mr. Gerrard's motion men- resents the most extensive amend- million tioned several other problems with ments to the act in 20 years.” She the government's record, including also noted that the amendments to 4. Saving for the future the failure to provide an effective the Act “generally can be described plan to improve health and prevent in terms of four key areas: provid- • $314 million deposit into the Fis- sickness, failing to provide an effec- ing flexibility, clarifying require- cal Stabilization Fund tive strategy to deal with child pov- ments for the management of • budget is balanced under bal- erty, failing to provide Manitobans pension plans, clarification of the anced budget law with the legal right to timely, qual- treatment of pensions as family as- • $196-million projected surplus ity health care, and failing to do any sets and pension preservation.” under the summary budget better than the previous Tory gov- While a number of concerns ernment in improving the dental emerged regarding the handling of During the second of eight days health of Manitoba children. this Bill (some of which will be cov- of debate on the budget Official Op- Neither the non-confidence mo- ered later in this report) opposition position Leader (PC tion nor the sub-amendment passed members were generally support- - Kirkfield Park) moved a motion of on the eighth and last day of budget ive of the legislation. Ron Schuler non-confidence as an amendment debate - March 17, 2005. On the (PC - Springfield), the lead critic for to the budget motion. The motion same day, the main budget motion the official opposition, had intro- identified a range of areas where the passed on a recorded vote of yeas duced a private member's Bill on opposition felt the government had 34, nays 20. the same topic during the previous failed to act in the best interests of Legislation Session (Bill 212 - The Pension Free- the province, including: dom Act, Pension Benefits Act While fifty Government and Private Amended) and Bill 10 partially real- • failing to provide a long-term ized the intentions of that Bill. economic and tax reduction strat- Bills had been introduced by the egies; end of April for consideration dur- Matters of Privilege ing this session, only a few had com- • failing to provide adequate fund- ing for post-secondary institu- pleted their trip through the As mentioned above, Bill 10 - The tions; legislative labyrinth by that time. Pension Benefits Amendment Act was One piece of legislation that did • failing to provide relief for Mani- the object of much debate this ses- toba's livestock producers and finish the journey by then was Bill sion. In addition to the usual de- failing to provide for sufficient 10 - The Pension Benefits Amendment bates, two matters of privilege were slaughter capacity; Act. After detailed consideration in raised regarding the handling of the • failing to provide a long-term the House and Committee, and Bill. plan for the reduction of health unanimous passage of the Concur- On December 6, 2004 Ron care waiting lists; rence and Third reading motion, Schuler raised the first matter re- • failing to provide an opportunity this Bill received Royal Assent on garding the holding of an embar- for publicly funded health care April 19. The Bill made extensive goed press conference that morning services in privately managed amendments to The Pension Benefits by the government on Bill 10. Mr. clinics; Act, incorporating consensus rec- Schuler contended that the media • failing to deal with record num- ommendations of the Pension Com- had received a full briefing on the bers of auto thefts and record mission of Manitoba and provisions bill, even though the bill had yet to numbers of murders; and based on consultations with Mani- be introduced into the House, and • failing to provide a plan or strat- toba citizens. The provisions relate that he as the critic had been con- egy for dealing with gangs in tosuchareasasminimumstan- tacted by the media for comments Manitoba. dards, ancillary benefits, phased re- on the bill but could not comment as tirement, surplus and unlocking of he had not been present at the brief-

48 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 ing, nor had he even been aware from Beauchesne and Marleau and Private Member's Resolutions that the briefing had taken place. Montpetit (aswellasnumerous Referencing a number of Manitoba Manitoba Speakers' rulings), on In a notable display of harmony, the precedents (as well as House of April 20 the Speaker ruled that he House recently passed two Private Commons Rulings and several pro- had no authority to rule on state- Member's Resolutions with unani- cedural authorities) on March 21 the ments made outside of the House, mous support. Speaker found no prima facie case of and therefore could find no prima fa- On April 21, Len Derkach (PC - privilege. cie case of privilege in this matter. Russell) moved a resolution, sec- Along with his ruling, however, During Oral Questions on March onded by Doug Martindale (NDP - the Speaker “strongly urged the 10, 2005, the House heard a matter Burrows) regarding Democracy in government to reflect on the infor- of privilege on a different topic Ukraine. The significant choice of mation that I have presented to the when John Loewen (PC - Fort the seconder reflected the fact that House in this ruling, and to not take Whyte) rose concerning comments both Mr. Derkach and Mr. the finding of no prima facie case of made by (NDP - Fort Martindale had travelled to privilege as an endorsement that Rouge - Minister of Health), in a Ukraine to participate as election this type of activity is acceptable.” newspaper article dated December observers during the December 26, He added that “should a similar sit- 26, 2004, in which the honourable 2004 vote. The resolution called on uation occur in the future, I, as Minister of Health was quoted as the Assembly to congratulate “the Speaker, would look at all of the evi- stating that “the Health budget had citizens of Ukraine for their deter- dence presented most carefully. In been purposely underfunded.” Mr. mination and resolve to establish a addition, the subject of the holding Loewen asserted that his rights and free and fair election process in that of press conferences of this type is privileges as a member had been country”; and also to “congratulate one that could also be considered by breached, that obstruction and in- the new President and the new the Standing Committee on the terference had occurred and that an Prime Minister of Ukraine for their Rules of the House, given that the improper reflection on the House as commitment to establish a demo- technology of communication has a whole had occurred. He con- cratic government within Ukraine.” changed significantly over the past cluded his comments by moving a The ensuing debate elicited great in- 20 years.” motion that the matter be referred to terest from Members on all sides of the House. Mr. Derkach and Mr. The House heard a second matter Committee and that the Minister be Martindale both reflected on their of privilege related to Bill 10 on requested to apologize. experiences during the election, April 12, 2005, when Mr. Derkach In addition to Manitoba prece- while several members noted the stood in his place and spoke regard- dents and other authorities, when values and virtues of democracy, ing comments he attributed to Pre- the Speaker ruled on March 23 that observing that it should never be mier (NDP - Concordia) he could find no prima facie case of taken for granted. on a local radio show that morning. privilege he also referenced por- Mr. Derkach asserted that the First tions of the 50th Report of the House With a number of World War II Minister had said on the radio pro- of Commons Standing Committee veterans in the Gallery, on April 28, gram that the opposition members on Procedure and House Affairs 2005 Bonnie Korzeniowski (NDP - in the House were holding up pas- from 2002 (dealing with an exami- St. James) moved a resolution cele- sage of Bill 10 (at that point the Bill nation into allegations that the for- brating the 60th Anniversary of was listed under Debate on Second mer Minister of Defence had misled VE-Day. While noting the immense Readings after having been intro- the House). The Speaker concluded toll of the “greatest and most de- duced in the House on December 6, his ruling with an excerpt from Par- structive war in history”, this reso- 2004 and having had second read- liamentary Practice in New Zealand; lution called upon the Assembly to ing moved on December 8, 2004). “Itmustbeestablishedthatthe express “our deepest sympathies He concluded his remarks by mov- Member making the statement and thanks for the sacrifices of those ing “THAT this House in today's knew at the time that the statement Canadians who joined the forces sitting deal with Bill 10 and that the was made that it was incorrect, and and those that supported the war ef- First Minister, the Premier, apolo- that in making it, the Member in- fort on the home base.” The resolu- gize to all Manitobans for his state- tended to mislead the House.” tion also called on “all generations ments which did not parallel the and governments to be involved in truth.” Supported by references the ongoing struggle for world peace and social justice.” So many

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 49 members wished to speak to the res- 100% protection from claiming that it lacked vision. Not- olution that the House agreed to sit Equalization claw backs on en- ing that government revenues had ergy revenues and on reforming beyond its usual hour of recess to al- the determination of entitlements increased over the previous year, low them time to share their and fiscal disparities under the the Opposition proposed an thoughts. Glen Cummings (PC - national Equalization program. amendment to the Budget motion Ste. Rose) aptly concluded the de- The motion was adopted. listing a number of alternatives ar- bate, encapsulating the feelings of • The Assembly hosted a ceremony eas in which investments could gratitude for the veterans with the in the Chamber awarding the Sas- have been made. observation that “I come from a katchewan Volunteer Medal to At the conclusion of the debate, twelve exceptional individuals. generation that has been absolutely the amendment was defeated and privileged because of what they • On May 2nd, Saskatchewan the original motion adopted. Fol- did.” Moments later the House Olympians and Paralympians lowing the precedent set last year, unanimously passed the resolution. were recognized by the Assem- bly. the bulk of the estimates were then Barring an emergency, according referred to the policy field commit- to the rules the House will sit until tees for consideration. The remain- Two Private Members achieved Thursday, June 9, 2005 before rising ing estimates, including those for the distinction of piloting bills for the summer break. the Departments of Agriculture and through the Assembly. Greg Brkich Food, Executive Council, Govern- (Arm River – Watrous) introduced Rick Yarish ment Relations, Health and Learn- The Recognition of John George Clerk Assistant / ing, were retained in the Committee Diefenbaker Day Act that declared Clerk of Committees of Finance (a Committee of the the September 18th anniversary of Whole). the birth of the first Prime Minister to hail from Saskatchewan as “John Privilege Motion George Diefenbaker Day” in recog- nition his contributions to Canada. Access to technical briefings was a The Tommy Douglas Day Act was contentious issue during the Spring sponsored by Warren McCall (Re- session. The first instance occurred gina Elphinstone – Centre). This on March 22nd when the Opposi- Act similarly chose the anniversary tion wrote to the Speaker concerned Saskatchewan of Mr. Douglas' birth of October that they would be denied access to 20th as the day on which to remem- a technical briefing on the budget. he Spring session of the Assem- ber his work and contributions to The government's position was that Tbly opened on March 14th. The the province. the briefing was intended only for session was a resumption of the 1st Budget the media. The matter was later re- session that began in 2004 and con- solved outside of the Chamber tinued during a short Fall sitting. when the government agreed to On March 23rd, Finance Minister The 2005 sitting began with state- provide a separate briefing for the Harry Van Mulligen delivered the ments of condolence in remem- Opposition. NDP government's twelfth consec- brance of the four RCMP officers Subsequently on April 11th, Rod utive balanced budget. The central who were killed in the line of duty Gantefoer (Melfort), the Opposi- theme of the Centennial budget was in Mayerthorpe, Alberta. The As- tion House Leader, raised a ques- “Building for the next 100 years” by sembly held a number of debates tion of privilege concerning the investing in priorities. These in- and ceremonies during the session denial of access of Members or their cluded record funding for health marking significant events. These staff from a technical briefing on the and education, enhanced social pro- included: 2004 annual report of the Saskatche- grams, measures to build the econ- wan Water Corporation. The basis omy and an increased capital • An emergency debate calling on of Mr. Gantefoer's argument was a budget to build for future genera- the federal government to respect 2001 ruling by the Speaker of the the principle of equity in the treat- tions. House of Commons that found that ment of provincial energy reve- Ken Cheveldayoff (Saskatoon the denial of Members or their staff nues and immediately begin Silver Springs), the Opposition Fi- negotiations on a Saskatchewan to an embargoed technical briefing nance critic, challenged the budget, Energy Accord that guarantees for media on a bill constituted a

50 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 prima facie contempt of Parliament. • Firstly, the Assembly requested tion as a province. The Assembly The Speaker's finding was later sup- the Government to instruct its of- marked the milestone with a special ficials and Crown corporations to ported and reinforced by a review acknowledge and respect the commemorative debate during the conducted on the matter by the rights and privileges of all MLAs; opening week of the Spring session. House of Commons' Standing The text of the motion reflected the • Secondly, all technical briefings Committee on Procedure and and news conferences that dealt sentiments that echoed through the House Affairs. with matters to be considered by Members' remarks: Noting that the Saskatchewan the Assembly were to be made Assembly had no precedents di- available to all MLAs and their That this Legislative Assembly staff in advance of or concur- mark the first sitting in our rectly on point, Speaker Myron rently with any media briefings; centennial year by honouring Kowalsky accepted the relevance of and Saskatchewan – our rich his- the principle set out in the Com- tory of traditions and diverse • Thirdly, any technical briefing cultural fabric; our innovative mons ruling. The fact that the Ot- that was provided to the media thinking, community spirit tawa precedent dealt with a bill and that excluded MLAs or their staff and collective pride; our past accomplishments and future not a report or a budget, did not re- would not be considered a breach opportunities; and all of our fute the principle that nothing of privilege as long as an advance people, places and perspec- should be done that disadvantages or concurrent technical briefing tivesthatmakeourssucha was provided to the MLAs and well-respected province and or impedes Members from carrying their staff. will provide the foundation to out their parliamentary functions. build a bright and prosperous Accordingly, it was his opinion that future. The Opposition proposed an it would be appropriate for the As- amendment condemning the Gov- sembly to consider which direction ernment for refusing to permit The official birthday falls on Sep- it wished to take in this matter. Members and their staff access to tember 4th although celebrations Mr. Gantefoer then moved his any embargoed news conferences will span the entire calendar year. motion calling for the Executive or technical briefings open to the Fulfilling the centennial slogan “100 Council staff members who had de- media. The debate continued Years of Heart”, the activities, nied the Opposition access to the throughout the afternoon before the events and projects planned range briefing to be found in contempt of amendment was put to the House across a broad spectrum – from high the Assembly and that in the future, and defeated. Subsequently, the profile events like the Centennial Opposition Members and their staff original motion was adopted. Gala and sporting events like the would be allowed access to any em- Jeux Canada Games to local town bargoed news conference or techni- Committee Business and family homecomings. Exam- cal briefing provided by the ples of the special events and activi- Government and Crown corpora- The Assembly has completed one ties that will commemorate the year tions that was open to the media. A full year of operation under the new include: debate ensued before the Govern- Rules adopted in 2004, including • Special commemorations for the ment House Leader Harry Van the reorganization of House com- province's centenarians and new- borns; Mulligen moved an amendment re- mittees. To date, committee activity ferring the matter to the Standing has focused on the review of bills, • A centennial song has been writ- Committee on Privileges. The de- estimates and reports of Crown cor- ten and recorded; bate concluded with the committee porations. It is anticipated that the • Commemorative merchandise being directed to report back within second year of operation will afford such as an official symbol, cloth- one week. the committees the opportunity to ing, pins and license plates have been developed; The deliberations in the commit- address other matters under their tee failed to resolve the question purview, including the review of • The Saskatchewan Centennial Medal will be awarded to recog- and the matter ended up before the regulations, public hearings on leg- islation and inquiries. nize those individuals who have Assembly for a second time. On made significant contributions to May 2nd, the government intro- Provincial Centennial society; Celebrations duced a motion proposing a solu- • The SaskPower Shand Power tion to the matter. The proposal Plant has grown a special crop of included three points: 2005 is the 100th anniversary of Sas- the provincial flower, the West- katchewan's entry into confedera- ern Red Lily, for distribution and

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 51 planting throughout the prov- and data wiring. Electricity was ince; brought to each Member's desk so • A Centennial website has been that laptop computers no longer launched that outlines the oppor- have to rely on battery power. A tunities on offer, from grants and computer data jack was also added initiatives available for commu- nity events, to youth initiatives to the desk top console. This jack like the Peace Project and Theresa will provide Members with reliable Sokirka's Great Centennial Road access to the Internet, where before Trip, to planning resources to or- they had to rely on the wireless Northwest Territories ganize your own centennial internet access service that was event. The site also contains a provided. light-hearted list of 100 reasons to he Third Session of the Fifteenth celebrate. The desks used by Members in Legislative Assembly pro- the Chamber are the original struc- T rogued on March 10, 2005. Note- tures designed by the Legislative The Centennial festivities will worthy House business included Building architects in the early 20th also include a visit to the province the passage of the 2005-2006 Bud- century. All changes to the Mem- by the Queen and Duke of Edin- get, the third and final Bill establish- bers' desk were carried out in con- burgh from May 17th to 20th. Dur- ing self-government for the Tlicho formity with provincial Heritage ing their stay in Saskatchewan, they people of the North Slave, a Bill Property guidelines. Wherever pos- will unveil a Golden Jubilee statue amalgamating two investment and sible, the original pieces were incor- of Her Majesty on Burmese and a business development arms of the porated into the renovations. For centennial mural at the Legislative Government of the Northwest Ter- example, a brass cover that previ- Building, visit the First Nations Uni- ritories, and a Bill giving the same ously covered an inkwell has been versity of Canada, and tour the Ca- rights and obligations to people in configured to flip open to allow nadian Light Source Synchrotron at different spousal relationships as Members to stow their electrical the University of Saskatchewan. those in traditional spousal rela- cords inside the desk and feed the Upgrades to the Legislative tionships. A total of seven Bills end up to a laptop on the desk. Building received assent on March 10th: The second noticeable change in After 27 years of service, the origi- the Legislative Building was the • The Tlicho Community Services nal audio system in the Chamber April opening of the Cumberland Agency Act (Bill 15) establishes an has been replaced with a modern Gallery Gift Shop. The shop features Agency, to perform functions re- products that promote the Legisla- lated to education, health and so- digital audio system. The old sys- cial services in Tlicho tem had been increasingly prone to tive Assembly and showcases the communities and on Tlicho failures and serious problems due talents of artisans within the prov- lands. The Agency is required by to its aging circuitry. Planning for ince and Canada. Artistic interpre- the Tlicho Intergovernmental Ser- the project took place in the fall of tations of First Nations people will vices Agreement made under the also be highlighted. Tlicho Land Claims and Self-Gov- 2004 with implementation delayed ernment Agreement. until after the fall session. Then in The gift shop is a collaboration early December, the old system was between the Assembly, the Royal • The Northwest Territories Business Development and Investment Cor- decommissioned and dismantled. Saskatchewan Museum Associates poration Act (Bill 16) creates a Installation of the new equipment, and the Department of Saskatche- Corpoation whose purpose is to including modern microphones wan Property Management and support the economic objectives and speakers on each desk, fol- represents the culmination of ef- of the Government of the North- lowed in the New Year. Testing and forts over several years to provide west Territories by encouraging the creation and development of fine tuning of the system continuing this service. Funds generated from business enterprises and by pro- into the early days of the Spring ses- the initiative will support the ongo- viding information and financial sion. Improvements to the quality of ing efforts of the Associates, includ- assistance to, and making invest- sound in the galleries were also ing public programming within the ments in, such enterprises. achieved by the installation of new Royal Saskatchewan Museum. • The Modernization of Benefits and speakers. Obligations Act (Bill 17) amends The final component of the pro- Margaret (Meta) Woods several Acts to ensure that refer- ject was the upgrading of electrical Clerk Assistant ences to “spouse” appropriately capture persons who live in

52 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 spousal relationships outside The 2005-2006 Budget also re- poration from the Premier and was marriage, so that the rights or ob- flected the division of the Depart- relieved of responsibility for the ligations provided for or imposed under those Acts are equitably ment of Resources, Wildlife and Workers' Compensation Board, applied to persons in different Economic Development (RWED) which was given to Charles Dent forms of spousal relationships, into the Departments of Industry, (Frame Lake). Mr. Dent also re- including same-sex relationships. Tourism and Investment (ITI) and tained the Department of Educa- • An Act to Amend the Territorial Environment and Natural Re- tion, Culture and Employment, Court Act (Bill 18) repeals the re- sources (ENR) effective on April 1, while passing on responsibility for quirement that territorial court 2005. This move separates the op- the Department of Justice to judges and deputy territorial posing mandates of environmental Brendan Bell ( South). judges cease to hold office at age 65, subject to reappointment. The protection and economic develop- Effective April 1, 2005, Mr. Bell, for- ultimate requirement that such ment, which formerly co-existed in merly the Minister of RWED, also judges cease to hold office at 75 is RWED. became Minister of Industry, Tour- retained. Committee Review of Election ism and Investment and Michael • The Appropriation Act 2005-2006 Report Miltenberger (Thebacha) was (Bill 19) and the Supplementary given responsibility for Environ- Appropriation Act, No. 3, The Standing Committee on Rules ment and Natural Resources in ad- 2004-2005 (Bill 20 ) authorize the dition to continuing as Minister of Government of the Northwest and Procedures reported on its pub- Territories to make operations ex- lic review of the Report of the Chief Health and Social Services. penditures and capital invest- Electoral Officer on the Administra- Standing Committee ment expenditures for the tion of the 2003 General Election on Re-assignments 2005-2006 fiscal year and supple- February 17, 2005. Among the Chief mentary appropriations for 2004-2005. Electoral Officer's recommenda- On March 10, 2005 Robert tions considered by the Committee Villeneuve (Tu Nedhe) moved a • An Act to Amend the Public Service were options for a fixed election motion to appoint the newest Mem- Act (Bill 21) provides for the ap- pointment of Staffing Review Of- date, enhanced public education re- ber, Robert McLeod (Inuvik – Twin ficers who will hear appeals of garding the electoral process and a Lakes) to the Standing Committee appointments made by competi- comprehensive administrative re- on Accountability and Oversight tion, and to authorize the enact- view of the Elections Act. In its report and the Standing Committee on So- ment of regulations governing the Rules Committee endorsed the cial Programs and to facilitate a such appeals. CEO's recommendations in their number of Committee re-assign- Budget Session entirety and after some debate they ments: Robert Hawkins (Yellow- were adopted by the House. The knife Centre) was moved to the Finance Minister most noteworthy is the recommen- Standing Committee on Gover- (Inuvik - Boot Lake) introduced his dation to amend the necessary legis- nance and Economic Development second budget of the Fifteenth As- lation to allow for a fixed election from the Social Programs Commit- sembly on February 10, 2005. The date for general elections. Future tee; Robert McLeod replaced Nor- next four weeks proved eventful as general elections in the Northwest man Yakeleya (Sahtu) as an Members debated the merits of a Territories will occur on the first alternate Member of the Gover- budget that they reviewed in draft Monday in October every four nance and Economic Development estimate form in Standing Commit- years, beginning in 2007. Committee; and Mr.Yakeleya re- tees in January. Much of the enliv- Cabinet Re-assignments placed Mr. Villeneuve as an alter- ened debate revolved around issues nate on the Board of Management. associated with the proposed clo- As a result of the creation of an addi- Appointments sure of Justice facilities in Hay River tional department, and in an effort and Inuvik. There was a consider- to rebalance workloads, the Pre- Former Member of the Legislative able divergence of opinion between mier, (Weledeh) an- Assembly, Minister, Speaker, Ser- Regular Members and the Minister nounced a series of Cabinet geant-at-Arms, and most recently of Justice regarding the anticipated re-assignments on March 17th. Da- the Deputy Commissioner of the savings resulting from the closures vid Krutko (Mackenzie Delta) as- Northwest Territories, Anthony and the methodology by which the sumed responsibility for the (Tony) Whitford was sworn in as projected savings were calculated. Northwest Territories Power Cor- the Fifteenth Commissioner of the

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 53 Northwest Territories on April 29, November 18, 2004. It adjourned to in carrying out her duties. Ms. Rose 2005. Mr. Whitford replaces the the call of the Speaker on December had held the position since Novem- whose term ex- 16, 2004, after 17 sitting days, and ber 2002, and was responsible for pired on April 6, 2005. was recalled on April 6, 2005. administering the Freedom of Infor- On February 11, 2005 the House Significant Legislation mation and Protection of Privacy Act. passed a motion appointing Glen A replacement for Ms. Rose will be McLean as the Chief Electoral Offi- appointed in the near future. The Two of the more significant pieces cer of the Northwest Territories un- Standing Committee on Legislative of legislation considered during the til June 30, 2008. Mr. McLean had Management has responsibility for Session were: been serving as the Deputy Chief recommending to the Legislative An Act to Amend the Tobacco Sales Electoral Officer since 1996. His ap- Assembly a person for appointment to Minors Act prohibits the sale of to- pointment follows the resignation as Information and Privacy Com- bacco in designated places, which of former CEO David Hamilton in missioner, which must be sup- would include health care facilities, late 2004. ported by at least two-thirds of the government buildings, schools, and Members voting before being con- On February 21, 2005 the House recreational facilities. The Act also firmed. appointed, by motion, Shannon prohibits tobacco from being sold in Gullberg as the Commissioner of vending machines or in any sort of Retirement of Chief Electoral Official Languages of the North- self-service display. A further sec- Officer west Territories pursuant to Section tion, which will come into effect 18 of the Official Languages Act of the June 1, 2005, provides for the desig- The province's Chief Electoral Offi- Northwest Territories. The appoint- nation of pharmacies and certain re- cer, Merrill Wigginton, retired on ment commenced on February 22, tail stores as places where tobacco April 30, 2005. He had served in the 2005 and is a four-year term under products may not be sold. post for the past 19 years. Many theAct.Mrs.Gullbergbringsa would agree that his finest hours The Renewable Energy Act requires wealth of experience to the office, came during the General Election of a public utility to obtain a pre- having served as legal counsel to the 2003, when Hurricane Juan hit the scribed amount of its electric energy previous Languages Commis- province in the early hours of elec- from renewable energy sources sioner. tion day. The province experienced each year. This provision will have widespread power-outages and Fourth Session effect in 2010, when a minimum of property damage. Schools, govern- 15% of a utility's electric energy ment offices and businesses were The Fourth Session of the Fifteenth must be obtained from renewable or closed due to thousands of fallen Legislative Assembly of the North- “green” sources. The legislation trees and damaged power lines. A west Territories will convene at 1:30 also sets out requirements for public full two-thirds of the polls re- PM MST on Wednesday, May 25, utilities to complete demand side mained without power for the en- 2005. management plans, with the goal of tire day, with ballots being counted reducing the intensity of the peak by kerosene lantern and candle- David Inch demand for electric energy. Finally, light. Despite this, voter turnout, at Clerk of Committees the Act allows small capacity re- just over 83%, was down only newable energy generators to enter slightly from the General Election in into net-metering system 2000, a tribute to Mr. Wigginton's agreements with public utilities. equanimity and composure in the Resignation of Information and face of disaster. In true “busman's Privacy Commissioner holiday” fashion, Mr. Wigginton left immediately upon retirement Karen Rose, the province's first In- for British Columbia to assist in that formation and Privacy Commis- province's provincial General Elec- Prince Edward Island sioner, resigned from her position tion and vote on proportional repre- in April 2005, citing personal rea- sentation. sons. In making the announcement, Lowell Croken, former Deputy he Legislative Assembly opened Speaker Greg Deighan congratu- for the Second Session of the Chief Electoral Officer, who has T lated her for a job well done and served with Elections PEI since Sixty-second General Assembly on thanked her for her professionalism

54 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 Commonwealth Parliamentary 1996, has been named as Acting Association Matters Chief Electoral Officer. Commission on PEI's Electoral The twenty-seventh CPA Canadian Future Regional Parliamentary Seminar will be hosted by the Prince Edward In January 2005, the Commission on Island Branch in Summerside, PEI's Electoral Future was created Prince Edward Island, from Octo- in response to recommendations in ber 20-23, 2005. Invitations and reg- the Electoral Reform Commission istration forms will be sent out to all Ontario report which was released in 2003 jurisdictions in the near future. (available in its entirety at www.as- Speaker Deighan represented the sembly.pe.ca). The eight-member Canadian Region of the Common- he House returned early from Commission is composed of one wealth Parliamentary Association Tthe winter recess and started its representative from each of the at the 2005 Executive Committee spring session on February 14, 2005. three political parties registered for Mid-year Meeting in Sydney, Aus- John Tory, Leader of the Progres- the 2003 provincial General Elec- tralia, in April 2005. sive Conservative Party in Ontario tion, one person from each of the won the by-election held in the rid- four federal electoral districts in the Littles in the Legislature ing of Dufferin-Peel-Wellington- province, as selected by the Stand- Grey after the resignation of the in- ing Committee on Legislative Man- Members of the Legislative Assem- cumbent member and former Pre- agement, and one person as chair, bly hosted 25 children on April 12, mier, Ernie Eves. Mr. Tory won his also selected by the Standing 2005, in a pilot program called seat on March 17, 2005 and took his Committee on Legislative “Take a Little to the Legislature.” seat in the House on March 29, 2005. Management. Members of Big Brothers Big Sisters Elizabeth Witmer,MPPfor The Commission on PEI's Elec- got a close-up look at the workings Kitchener-Waterloo is Deputy toral Future will be responsible for of government and the provincial Leader and Caucus Chair for the developing and conducting a public legislature. Each MLA was matched Progressive Conservatives. Two PC education program to increase for the day with one young person members, John Baird,MPPfor awareness of the present first- from the Big Brothers Big Sisters of Nepean-Carleton and Jim Flaherty, past-the-post electoral system and, Prince Edward Island organization. MPP for Whitby-Ajax, have an- as an alternative, a mixed-member The youths had a tour of the Official nounced their intention to run in the proportional system. The Commis- Opposition offices in the morning next federal election. NDP MPP sion will also develop the wording and then visited the Premier's office Marilyn Churley, member for To- of the question as to which system before going to Government House, ronto-Danforth, has also an- Islanders prefer to be presented in a where pizza was served on silver nounced she will seek nomination future plebiscite. The timing of the platters to the delight of all the to run federally in her neighboring plebiscite will be a recommendation guests. In the afternoon, it was off to riding of Beaches-East York. the Public Gallery at Province from the Commission to the The House has been busy with House, and each Little was wel- Legislative Assembly. legislation throughout the spring comed and introduced by his or her Commissioners started meeting sitting. Legislation to create and respective MLA. The day was a in March 2005 and plan a series of control a Greenbelt Plan for devel- great success and garnered a great public meetings in the fall of 2005. opment around the Golden Horse- deal of positive interest in the Big The pros and cons of both a mixed shoe area of southern Ontario Brothers Big Sisters organization member proportional system and received Royal Assent. The legisla- and its work. the first-past-the-post system will tion intends to create and preserve be presented to the public at the more than a million acres of green Marian Johnston meetings. It is anticipated that sig- space to permanently protect agri- Clerk Assistant and nificant discussion and debate will Clerk of Committees cultural lands and green space result. while targeting growth and curbing urban sprawl. The Ontario Heritage Amendment Act received Royal Assent. The Act,

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 55 among other things, gives munici- parties and election campaigns are 155, An Act to amend the Family palities more tools and flexibility to financed. The legislation would also Responsibility and Support Arrears prevent the destruction of heritage fix election dates at every four years Enforcement Act, 1996 and to make properties and increase protection and increase the number of ridings consequential amendments to the Fish for marine heritage and archaeolog- in the province from 103 to 107. and Wildlife Conservation Act, 1997. ical resources. Committee Activity The Standing Committee on So- The Minister of Energy has intro- cial Policy met for clause-by-clause duced several pieces of legislation The Standing Committee on Justice consideration of Bill 118, An Act re- and initiatives intended to address Policy elected Dr. Shafiq Qaadri as specting the development, implementa- the pressing concerns around the the new Chair on December 16, tion and enforcement of standards cost, availability and delivery of re- 2004. The Committee considered relating to accessibility with respect to liable electricity supplies to the and reported on Bill 110, An Act to goods, services, facilities, employment, province. With a commitment to require the disclosure of information to accommodation, buildings and all other close all coal fired generating sta- police respecting persons being treated things specified in the Act for persons tions by 2007 and a need to replace for gunshot wounds and Bill 158, An with disabilities for five days and re- 25,000 megawatts of generating ca- Act to replace the Theatres Act and to ported the bill back to the House pacity within 20 years which repre- amend other Acts in respect of film.In with amendments. The Committee sents 80% of the current generating April, the Committee began public then met for three days of public capacity of the province, the legisla- consultations on Bill 128, An Act to hearings including one day of hear- tive framework is being put in place amend various Acts with respect to en- ings in Kitchener, Ontario for Bill to foster a culture of conservation, forcement powers, penalties and the 144, An Act to amend certain statutes allow price to reflect the true cost of management of property forfeited, or relating to labour relations. generation and delivery, and en- that may be forfeited, to the Crown in Clause-by-clause consideration courage private investment to par- right of Ontario as a result of organized was completed in one day and the ticipate to help address current and crime, marijuana growing and other bill was reported to the House with long term needs. A Conservation unlawful activities. amendments. Bill 183, An Act re- Bureau with a Chief Energy Conser- The House referred Bill 163, An specting the disclosure of information vation Officer has been established Act to amend the City of Ottawa Act, and records to adopted persons and and the coal-fired Lakeview Gener- 1999 to the Standing Committee on birth parents has been referred for ating Station, which was the biggest General Government on March 1, consideration. single source of air pollution in the 2005. The Committee met for Greater Toronto Area was closed at clause-by-clause consideration of Anne Stokes the end of April. Bill 163 on March 2, 2005. The Bill Committee Clerk By a voice vote, the Legislature amends the City of Ottawa Act, 1999 passed legislation to amend more and “requires the city to adopt a pol- than 70 statutes to bring them in line icy respecting the use of the English with Court decisions that found and French languages in all or speci- same-sex marriage to be constitu- fied parts of the administration of tional. The legislation also clarifies the city and in the provision of all or that religious institutions need not specified municipal services by the perform marriages that are incon- city.” Bill 163 was reported back to sistent with their religious beliefs. the House without amendment on New Brunswick The Attorney-General intro- March 2, 2005 and received Royal duced legislation to create a Citi- Assent on March 9, 2005. he Second Session of the zens' Assembly on Electoral Reform In April and May of 2005, the TFifty-fifth Legislature resumed to examine Ontario's electoral sys- Standing Committee on General Wednesday, March 30, 2005, when tem. If recommendations are made Government held back-to-back Finance Minister Jeannot Volpé to change the electoral system, a ref- public hearings in Toronto. Public (Madawaska-les-Lacs) brought erendum would be held on the al- hearings were held on Bill 136, An down the 2005-2006 Budget. ternative. A Citizens' Jury on Act respecting the establishment of The budget focused on the five Political Finance would make rec- growth plan areas and growth plans, objectives set out in last year's bud- ommendations on how political followed by public hearings on Bill get:

56 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 • record investment in health and support for families, children, per- question on the original motion and senior care (increased by $163.1 sons with disabilities and seniors. not on the amendment. million to $2.3 billion); and edu- cation (increased by $38.5 million Social assistance rates will increase In closing the Budget Debate on to $1.2 billion) and children; by 6% over the next three years – the April 15, Premier largest increase since 1991; nursing • further tax relief for small busi- (Moncton East) announced a tuition nesses (small business corporate homes, by 9.1%; support agencies cash-back program which will al- income tax rate will be lowered to by 10% over the next three years; low students enrolled in post-sec- one per cent and the income and an investment of $11.8 million ondary education who live and threshold will be increased to in the Early Childhood work in the province to have $500,000); more capital invest- Development Agenda. ment and new community eco- one-half their tuition costs to a nomic development programs The budget provides an addi- $10,000 lifetime maximum rebated (capital expenditures for roads, tional $11 million in tax relief: all against their provincial income tax highways, hospitals, schools and provincial income tax credit anytime up to 20 years from when other priorities will increase three amounts and tax brackets have been the first year credit is earned, times faster than all other pro- gram spending, to help create indexed to protect against inflation effective January 2005. jobs and better public effective January 1, 2005. Three Bills received Royal Assent infrastructure); In his response to the Budget on April 14: • no raise in or creation of any new speech, Opposition Finance Critic taxes; Michael Murphy (Liberal, • Bill 11, An Act Respecting Rural Communities, introduced by Envi- • stronger value for taxpayers by Moncton North) claimed that the government had failed to promote ronment and Local Government saving money in back-office gov- Minister ernment operations in order to re- economic development and to cre- (Kennebecasis) will allow rural invest in front-line government ate jobs with growing wages. He communities to choose their own services; and criticized the budget: “What did we form of local government. The • the budget is balanced with a sur- get from this government? What Rural Community Model calls for plus of $98.9 million and a reduc- did we get as tools for growth? We an elected council chaired by a mayor and will provide, at a min- tion in net debt of $4.0 million; got stealth taxation – higher prop- gross consolidated revenue is imum, community planning ser- projected to be $6.109 billion, up erty taxes through higher assess- vices upon being established. The 2.9 per cent from revised ments. We got higher power rates. province will continue to provide 2004-2005 estimates; gross con- We got price shock in insurance. We other local services until rural solidated expenditure is esti- got more financial fiascos. We got communities are ready to assume these services themselves and mated at $6.105 billion, up 3.7 per less health care and less belief in our cent from last year. will continue to provide services people.” in local service districts that On April 7 during the Budget De- choose not to become part of a ru- Education spending will include bate, Opposition Leader Shawn ral community. This initiative is funding for K-12, initiatives under part of the provincial govern- Graham (Kent) moved a non-confi- the Quality Learning Agenda, 85 ment's response to the dence amendment to the motion more teaching positions, the second recommendations of the Report “THAT this House approves in gen- of the Select Committee on Local year of the pilot laptop research pro- eral the budgetary policy of the gov- Governance and Regional Col- gram, quality technology infra- ernment.” During the debate, Eric laboration, tabled in 2003. structure enhancement, and Allaby (Liberal, Fundy Isles) • Bill 22, An Act to Amend the Legal increased investments in universi- moved that the question be now put Aid Act, introduced by Justice ties and community colleges. on the opposition amendment that Minister (Frederic- ton South), will establish a New Health and wellness spending is “this House no longer has confi- increased for Medicare, hospital Brunswick Legal Aid Services dence in the Government.” In ruling Commission to administer crimi- services, ambulance services, pre- the motion out of order, Deputy nal and domestic legal aid ser- scription drug program, promotion Speaker (PC, Saint vices to ensure that New of healthy living for children and John Portland), ruled that it was Brunswickers eligible for legal aid will continue to have access to youth in the areas of physical activ- clear that the Standing Rules and ity, nutrition and healthy eating, to- the court system. The commis- the parliamentary references re- sion, which will report to the Leg- bacco cessation, mental health and ferred to the moving of the previous islative Assembly through the resiliency, nursing programs, and Minister of Justice and be audited

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 57 annually by the Auditor General, Leader Shawn Graham (Kent), Authorities Act, introduced by Roly will be governed by a board of di- attempts to protect volunteers MacIntyre (Liberal, Saint John rectors appointed by the provin- from being personally liable for cial Cabinet and will operate at damages caused by them and at- Champlain). The Bill proposes that arms length from the Minister of tempts to provide legal protec- the CEOs of Regional Health Au- Justice and Attorney General. tion to people who give their time thorities report to the boards rather free of charge to worthwhile • Bill 36, An Act to Amend the Liquor than to the Minister of Health and causes. The committee agreed Wellness. Control Act, introduced by Public with the intent of the Bill but rec- Safety Minister Wayne Steeves ommended that it not proceed in On May 10 the Minister of Fi- (Albert) provides that if a liquor its current form. nance introduced Bill 45, An Act Re- licence holder does not comply with the provisions of the • Bill 5, also introduced last session specting a Fair Deal for Cities and Smoke-free Places Act, and is con- by the Opposition Leader, pro- Communities in New Brunswick, stat- victed of an offence, the minister poses to create loss of earnings ing that New Brunswick is commit- will be able, without a hearing, to benefits for all volunteer ted to ensuring equity between suspend or cancel the liquor firefighters, whether employed in incorporated areas and unincorpo- licence. another profession or not. It would also create a presumptive rated areas in the allocation of gas provision stating that if full-time tax funding when an agreement is On April 12 the House adopted a firefighters are diagnosed with entered between the governments motion recommending the appoint- certain types of cancers, it would of Canada and New Brunswick un- ment of Patrick A.A. Ryan as Con- be deemed to be an occupational der the Fair Deal for Cities and disease. The committee recom- flict of Interest Commissioner for a Communities and that gas tax fund- term of five years. Mr. Justice Ryan mended that the Bill not proceed as it did not adequately ing will provide incorporated areas has had a distinguished career as a accomplish its objectives. and unincorporated areas with a Judge of the Court of Queen's Bench source of funding for and as a Justice of the Court of Ap- The Select Committee on Health environmentally sustainable peal of New Brunswick. The House Care chaired by Claude Williams infrastructure projects. also expressed its appreciation to re- (PC, Kent South) had under consid- For two successive weeks, ques- tiring Commissioner Stuart G. eration Bill 60, Health Charter of tion period was dominated by op- Stratton, New Brunswick's first Rights and Responsibilities,intro- position calls for the Minister of the Conflict of Interest Commissioner, duced by Health Minister Elvy Environment and Local Govern- for his professional and dedicated Robichaud (Tracadie-Sheila) dur- ment to resign. Opposition Mem- service. ing the Fifth Session of the 54th Leg- bers claimed that the Minister had On April 26, Speaker Bev Harri- islature. violated the Protection of Personal In- son (Hampton – Belleisle) drew the formation Act and her oath of confi- attention of Members to the return • Bill 60 attempts to balance the dentiality as a member of the of the magnificent chandeliers after rights and responsibilities of New Executive Council in disclosing cer- a two-year restoration project. Both Brunswickers within the health tain information regarding a sitting care system and to accord a num- the north and south chandeliers Member of the House. At the re- were restored after the latter ber of rights, among them, the right to timely access of health quest of the Official Opposition, the crashed on the Chamber floor in care services, the right to make in- matter is currently before the November of 2002 during annual formed decisions on health care, province's Ombudsman who acts as maintenance. the right to receive relevant a watchdog under the Act. On April 26, the Standing Com- health care information and the right to the investigation of com- The House is scheduled to ad- mittee on Law Amendments, plaints. After careful consider- journ on June 10, 2005, in accor- chaired by ,(PC, ation and public input, the dance with a sessional calendar Oromocto-Gagetown) recom- Committee recommended the in- adopted in December 2004. mended that two opposition private troduction of a revised version of Standings in the House remain at member's public Bills referred to the the Health Charter of Rights and Re- sponsibilities Act. 28 Progressive Conservatives, 26 Committee – Bill 2, Volunteer Protec- On April 27, Speaker Harrison Liberals and 1 NDP. tion Act; and Bill 5, An Act to Amend gave his third casting vote of the the Workers' Compensation Act – not session, negativing a motion for sec- Diane Taylor Myles proceed. Researcher • Bill 2, introduced during the pre- ond reading of Bill 38, An Act Re- vious session by Opposition specting the Regional Health

58 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005 the tourism sector; bolstered debt of the B.C. Transportation Fi- program spending in health and ed- nancing Authority. In addition, two ucation; raised the threshold for the significant pieces of legislation re- corporate capital tax; and provided ceived Royal Assent. Bill 2, Thomp- additional tax rebates for consum- son Rivers University Act, ers purchasing energy-efficient established Canada's newest uni- furnaces and hybrid passenger versity. Located in Kamloops, vehicles. Thompson Rivers University com- In her response, the Opposition bines the existing academic and vo- House Leader Joy MacPhail (Van- cational training programs granted British Columbia couver-Hastings) labelled the bud- by the University College of the get as a “last-minute extreme Cariboo with the on-line and corre- he Legislative Assembly of Brit- political makeover,” and stated that spondence courses offered by the Tish Columbia was convened on the budget would not cover up the B.C. Open University and Open the morning of February 8, 2005 for government's “history of record College. Bill 4, Attorney General Stat- the prorogation of the fifth session deficits, higher taxes and fees, lon- utes Amendment Act establishes a of the Thirty-Seventh Parliament. ger wait-lists, failed privatization new child support service responsi- The sixth session was opened that schemes and a more polarized and ble for recalculating child support afternoon with the Speech from the divided province.” payments on an annual basis. Throne read by Lieutenant Gover- In a noteworthy procedural The Government House Leader nor Iona Campagnolo. Tapping move, the Government House moved to adjourn the sixth session into Olympic optimism, the Speech Leader Graham Bruce (Cowichan– on March 10, 2005. The day was identified “five great goals for a Ladysmith) declared that due to the marked by a tribute to some of the golden decade.” The specific goals approaching fixed election date of seventeen members of the Legisla- include: “making British Columbia May 17, 2005, that budget would be tive Assembly who had decided to the best-educated, most literate ju- debated – but that a line-by-line re- retire from political life. In particu- risdiction on the continent; leading view of the estimates would not oc- lar, both government and opposi- the way in North America to cur until after the election. Noting tion Members acknowledged the healthy living and physical fitness; what appeared to be a $236-million contribution of Ms. MacPhail. building the best system of support “pre-election slush-fund” – listed as On April 19, 2005, the Thirty-Sev- in Canada for persons with disabili- unspecified economic development enth Parliament was dissolved and ties, special needs, children at risk expenditure – Ms. MacPhail prom- the election writs were issued for and seniors; leading the world in ised that her party would work with the May 17 provincial election. sustainable environmental man- the government to conclude esti- Provincial Election agement; and creating more jobs mates debate by April 19, the date per capita than anywhere else in scheduled for dissolution. While Described as an uneventful cam- Canada.” this offer was not accepted, both the paign by the news media, the elec- Echoing the themes introduced in BC Liberals and the New Demo- tion campaign featured both a the throne speech, the Minister of cratic Party have stated that their re- televised leaders' debate and a radio Finance Colin Hansen (Vancou- spective parties will examine debate, with three parties (BC Liber- ver-Quilchena) introduced a bud- whether the fixed election date als, BC , and get projecting a $1.4-billion surplus should be moved to the fall, in order Green Party) represented. The me- with an additional $300 million con- to accommodate a thorough dia consortium broadcasting the tingency allowance on February 15. estimates review prior to a general televised debate decided to exclude The budget committed $1.7-billion election. the participation of the Democratic to debt repayment – the largest sin- The government did, however, Reform BC leader, citing a lack of gle annual debt reduction in the introduce 11 supplementary esti- party history in B.C., despite the province's history. Among other mates to cover expenditures on fledgling party having a sitting highlights, Budget 2005 established items such as Olympic venue con- Member in the Legislative Assem- a $3-billion capital investment in the struction, aid for the agricultural bly. province's transportation infra- sector, forestry revitalization, and a Early results indicate that the structure; increased investment in $550-million grant to pay down the New Democratic Party has won 33

SUMMER 2005 /CANADIAN PARLIAMENTARY REVIEW 59 seats, up from three seats at dissolu- Fraserview), a former Justice of the mier Campbell indicated that he tion. NDP Party Leader Carole British Columbia Court of Appeal. wishes to hear from the Citizens' James (Victoria – Beacon Hill) won Referendum on Electoral Reform Assembly to examine the lessons her seat and will take her place as learned from the referendum cam- the Leader of the Official Opposi- paign and to see whether “we Preliminary returns show that the tion. The election also marks the re- should move in another direction or referendum question on whether turn of seven former NDP cabinet continue down a path” to BC should adopt a single transfer- ministers to the ranks of the Official implementing BC-Single able vote electoral system for future Opposition, including Jenny Wai Transferable Vote. elections appears to have gone Ching Kwan (Vancouver – Mount down to defeat. The referendum re- Other matters Pleasant), Corky Evans (Nelson – quired an affirmative aggregate Creston), and Mike Farnworth vote of 60 percent in addition to a Congratulations are in order for E. (Port Coquitlam – Burke Moun- positive endorsement in 48 of the 79 George MacMinn Q.C., Clerk of the tain). The BC NDP returned to its provincial ridings. The referendum House, for being awarded the Or- traditional level of support with 41 question – Should British Columbia der of British Columbia on April 15, percent of the popular vote. change to the BC-STV electoral system 2005. Mr. MacMinn is the most se- Lead by Premier Gordon Camp- as recommended by the Citizens' As- nior parliamentary officer of the bell, (Vancouver – Point Grey), the sembly on Electoral Reform? –re- British Columbia Legislative As- BC Liberals were returned to gov- ceived about 57% and passed in all sembly and the longest serving ta- ernment with 46 seats, down from but two electoral districts reporting ble officer in a Commonwealth 73 seats at dissolution. Among the at the time of publishing. Parliament. new recruits for the BC Liberals are The mixed result emerging from Carole Taylor (Vancouver – the referendum on electoral reform Jonathan Fershau Langara) the former chair of the Ca- will create an interesting dilemma Research Analyst nadian Broadcasting Corporation – for the incoming government. Office of the Clerk of Committees and Wally Oppal,(Vancouver– While fielding reporters question following his election victory, Pre-

60 CANADIAN PARLIAMENTARY REVIEW /SUMMER 2005