Legislative Reports

debate in the House of Commons and leasing activities. To date, on this issue. a number of Ministers have On March 22, Mr. Okalik appeared before the Committee moved a motion recommending of the Whole to respond that the Auditor General to Members’ questions on departmental and Crown agency of be requested to undertake a comprehensive activities and initiatives in these performance audit of the Qulliq areas, including Premier Aariak, number of substantive Energy Corporation, which is one Community and Government motions were considered A of the territory’s major Crown Services Minister Lorne and voted on by the House agencies. The motion, seconded Kusugak, Health and Social during its winter 2010 sitting, by James Arvaluk, was passed Services Minister Tagak Curley, which began on March 4, 2010. without opposition. Finance Minister Peterson, and On March 11, 2010, Fred the Minister responsible for the On March 22, Mr Elliott moved Schell moved a motion calling Nunavut Housing Corporation a motion to refer a number of on the Government to impose a Hunter Tootoo. the Government of Nunavut’s moratorium on purchases by the most recent annual reports Significant time during the Nunavut Liquor Commission on departmental and Crown spring sitting was also devoted of products originating from agency contracting, procurement to the consideration of a number the European Union until such and leasing activities to the of proposed supplementary time as the issue of the EU’s seal Committee of the Whole for appropriation acts to address product ban has been resolved consideration. The motion, the shortfall in the Nunavut to the territory’s satisfaction. seconded by Mr. Schell, was Housing Trust. Messrs. Peterson The motion, seconded by Paul passed without opposition. and Tootoo made a number of Okalik, was supported by Ministerial Statements during all Regular Members of the The proceedings of the the sitting concerning the Legislative Assembly. Members Committee of the Whole during government’s action plan to of the Executive Council the winter 2010 sitting of the address the shortfall. abstained on the vote. House were dominated by the scrutiny of the Government’s The House adjourned on June On March 18, 2010, Johnny proposed 2010-2011 main 10 for the summer recess. The Ningeongan moved a motion nd rd estimates and departmental 2 Session of the 3 Legislative calling on the Government of business plans. The main Assembly will reconvene on Canada to fully reinstate federal estimates were referred to October 19, 2010. funding for the Aboriginal the Committee of the Whole Healing Foundation. The Legislation following the delivery of Finance motion, seconded by Ron Elliott, Minister Keith Peterson’s Budget Twenty bills have been passed was passed unanimously. Address of March 8, 2010. by the Legislative Assembly Approximately two-thirds of since January 1, 2010. Bills 24, the Legislative Assembly’s The spring sitting began 33 and 34 were House Bills membership delivered remarks in on June 1. The proceedings of introduced under the authority support of the motion, including the Committee of the Whole of the Legislative Assembly’s Premier . A number during the spring sitting were Management and Services Board. dominated by the scrutiny of the of Members’ interventions were Speaker James Arreak appeared subsequently quoted during aforementioned annual reports before the Committee of the the March 30, 2010, emergency on contracting, procurement Whole on the occasion of its

66 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 clause-by-clause consideration of on the Financial Management Order of Nunavut. each bill. Practices of the Department of On July 9, 2010, member of Bill 24 implemented the Health and Social Services and the the Advisory Council and Senior recommendations contained Follow-up on the 2005 Report to the Judge of the Nunavut Court in the final report of the Legislative Assembly of Nunavut of Justice, Robert Kilpatrick, Independent Commission to on the Financial Management unveiled the winning design at a Review Members’ Indemnities, Practices of the Government of ceremony held during Nunavut Allowances, Expenses and Nunavut. On June 10, the Finance Day festivities at the Legislative Benefits, which was tabled in Minister tabled the Government Assembly. The winning design the House by Speaker Arreak on of Nunavut’s response to the was submitted by Iqaluit artist December 8, 2009. Standing Committee’s report. Claude Roussel. Both documents are available for Bill 33 implemented a number downloading from the Legislative A number of dignitaries of recommendations contained Assembly’s website. participated in the Nunavut Day in the 2008-2009 annual report events, including Premier Eva of the Integrity Commissioner of The Standing Committee Aariak and Nunavut Member of Nunavut. The Bill also introduced on Oversight of Government Parliament and federal Minister new provisions concerning Operations and Public Accounts of Health Leona Aglukkaq. time limitations with respect to is anticipated to hold hearings in investigations conducted by the September 2010 on a number of Noteworthy Appointments Integrity Commissioner. reports of independent officers On May 12, 2010, the Prime of the Legislative Assembly. The Minister of Canada announced Bill 34 made a number of reports to be considered are the amendments to the Legislative the appointment of Edna Elias Auditor General’s 2010 report to the position of Commissioner Assembly and Executive Council to the Legislative Assembly on Act, including the introduction of Nunavut. Originally from the human resource capacity in community of Kugluktuk, Ms. of new provisions with respect the Government of Nunavut, to the tabling of annual reports Elias is a former educator and in addition to the most recent interpreter-translator. Ms. Elias by the Speaker and Premier annual reports of the Languages concerning such matters was sworn into office on May Commissioner of Nunavut and 31, 2010, in a ceremony held in as Members’ absences and the Information and Privacy Ministerial allowances. the Chamber of the Legislative Commissioner. Assembly Bill 35, the Licensed Practical Nurses Act and Bill 37, the Tobacco The Order of Nunavut On March 4, 2010, the Damages and Health Care Costs On January 1, 2010, The Order Legislative Assembly adopted Recovery Act, were referred to of Nunavut Act came into force. a motion unanimously the Standing Committee on The objective of the Order is to recommending that Elaine Legislation for scrutiny following recognize individuals who have Keenan Bengts be re-appointed their second reading during the made outstanding contributions as the Information and Privacy spring sitting and remain under to the cultural, social or economic Commissioner of Nunavut for consideration. The Standing well-being of Nunavut. The a five-year term of office. Ms. Committee is chaired by Mr. Order is the highest honour of Keenan Bengts was appointed Okalik. Nunavut and takes precedence Nunavut’s first Information and over all other orders, decorations Privacy Commissioner in 1999. Committee Activities or medals conferred by the She also serves as the Information On March 18, 2010, Standing Government of Nunavut. and Privacy Commissioner of the . Committee on Oversight of On April 8, 2010, the Speaker Government Operations and of the Legislative Assembly By-Election Public Accounts Chairperson and Chairperson of the Order On February 22, 2010, Enuk Mr. Arvaluk presented the of Nunavut Advisory Council Pauloosie resigned from the Standing Committee’s Report on issued a public invitation to the Review of the 2009 Reports of Legislative Assembly. A by- Nunavut artists to submit election for the constituency the Auditor General of Canada to the designs for the medal that will Legislative Assembly of Nunavut of Nattilik, which includes the be presented to members of the communities of and

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 67 , was held on April 26, as Minister responsible for the former Minister of Tourism, 2010. Three candidates stood Public Service Commission but Parks, Culture and Sport, Dustin for election. Jeannie Ugyuk takes over as the Minister of Duncan, becomes the new of Taloyoak won a majority of Social Services and the Minister Minister of the Environment votes cast and was sworn into Responsible for the Status of and the Minister Responsible for office by Commissioner Elias Women. First-term MLA Tim SaskWater. on the morning of June 1, 2010. McMillan and former Chair Four Ministers maintain their Ms. Ugyuk rose in the House of the Standing Committee on current cabinet portfolios while that afternoon to deliver her Crown and Central Agencies an additional three are receiving first Member’s Statement and to becomes Minister Responsible for additional responsibilities. Bob pose her first oral and written Crown Investments Corporation, Bjornerud remains the Minister questions. Ms. Ugyuk is a former Information Technology Office, of Agriculture, Don McMorris, social worker, Language Information Services Corporation remains as the Minister of teacher and municipal councillor. and Government Health, maintains his Insurance. position as Minister of Highways Alex Baldwin Another first time and Transportation, Minister Office of the Legislative Assembly MLA receiving ministerial Responsible for Saskatchewan of Nunavut responsibilities is . Transportation Company and Ms. Ross joins cabinet as the the Minister responsible for Minister of Government Services. the Global Transportation Returning to cabinet is Darryl Hub Authority and D.F. (Yogi) Hickie, former Chair of the Huyghebaert continues to serve Standing Committee on the as the Minister of Corrections, Economy. Mr. Hickie is now the Public Safety and Policing. Bill Minister of Municipal Affairs. Boyd retains his post as Minister Former Minister of Municipal of Energy and Resources, and Affairs, , takes Saskatchewan Research Council on responsibility of Minister and adds responsibility for Saskatchewan of Enterprise and Minister SaskTel. , Minister Responsible for Trade. He of Justice and Attorney General retained his role as the Deputy as well as the former Minister askatchewan Premier Government House Leader. Responsible for SaskTel, sees introduced a new S Former Minister of Enterprise, his portfolio expanded to provincial cabinet on June 29, , moves to include Labour Relations and 2010. Three new Ministers were the Ministry of First Nations Workplace Safety, Minister sworn in, while others received and Métis Relations and also Responsible for the Saskatchewan new and/or additional duties. The becomes responsible for Northern Worker’s Compensation Board cabinet shuffle came shortly after Affairs, Saskatchewan Gaming and the Minister Responsible Finance Minister Corporation and maintains his for the Saskatchewan Liquor announced that he will not seek role as the Minister Responsible and Gaming Authority. Rob re-election in November 2011. for the Proposed Multi-Purpose Norris the former Minister of Replacing Mr. Gantefoer Entertainment Facility. Advanced Education, Labour and as Finance Minister is Deputy Given Mr. Cheveldayoff’s Employment now becomes the Premier, , former new responsibilities, the Minister of Advanced Education, Minister of Education. Moving former Minister of First Employment and Immigration. from Social Services to Education Nations and Métis Relations He also becomes the Minister is . She also is and Saskatchewan Gaming Responsible SaskPower and the new Provincial Secretary. Corporation Bill Hutchinson Innovation. , formerly becomes the new Minister Minister of Crown Investments Controversial Bills Concluded of Tourism, Parks, Culture Corporation, Information by Sessional Calendar Rules and Sport and the Minister Technology Office, Public Service Responsible for the Provincial Two pieces of legislation were Commission, and Provincial Capital Commission. The required to be voted off the order Secretary retains responsibility

68 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 paper at the end of the Spring Bill was also introduced and The issue at hand was not with sitting. The rules state that passed into law subject to the the budget lock-up itself, but any bill introduced during the parliamentary calendar rules. rather the confusion surrounding previous fall sitting, or reinstated The rules for the calendar have it. The Speaker received from a previous session, which been in place since 2007, but was representations from all three has received twenty or more the first time an Appropriation parties indicating that members hours of debate, must be voted Bill needed to be dealt with in were apparently detained at the off the order paper on the day this manner. lock-up longer than they should prior to the end of the Spring have been, and found that this sitting of the Assembly. Two Stacey Ursulescu delay (however caused) did tend controversial pieces of legislation Committee Researcher to prevent MPPs from performing met the requisite threshold. Bill their parliamentary duties by 80 – The Construction Industry preventing them from being in Labour Relations Amendment Act the House. and Bill 132 – The Wildlife Habitat The Speaker in his ruling Protection (Land Designation) stated that “further investigation Amendment Act, 2009, received may well reveal a plausible more than the requisite twenty explanation or mitigating hours of debate. circumstances for what occurred Bill 80 was introduced during in the Budget lock-up on March the previous session on March 10, 25, 2010, but I do believe that 2009 and was the subject of three Ontario such further investigation is days of public hearings in June warranted.” ust prior to the Ontario 2009. It was reinstated to the As a result of the finding of a order paper on October 28, 2009, JBudget being presented in the Legislature on March 25, prima facie case of privilege, Mr. carrying forward the twenty- Miller moved, “That the matter hours of debate from the last 2010, two Members from the Official Opposition rose on of the delayed release of certain session. It was recommitted to the members of this House from the Standing Committee of Human similar points of order to advise the Speaker that Members of March 25, 2010 budget lock- Services where it remained to up be referred to the Standing the end of the session. The the Official Opposition who attended the Budget lock-up Committee on the Legislative Rules required the Committee Assembly for its consideration.” to meet on Bill 80 and vote on in an adjacent government all the clauses as one combined building had been detained Accordingly, the Standing question. there and would be delayed in Committee on the Legislative arriving to the House in time to Assembly met on May 12, May Bill 132 achieved its twenty- hear the Budget motion. After 19 and June 2, 2010 to conduct hours of debate after the Standing hearing these points of order, an inquiry into the matter and Committee on the Economy met the Speaker agreed to delay the questioned witnesses under oath. for five hours on the evening proceedings in order to allow The Committee’s inquiry is still before the deadline under the the Members of the Opposition ongoing with another meeting sessional calendar. During that parties to make their way into on the matter scheduled when meeting the Committee agreed the Chamber for the presentation the House returns in September, to two new clauses. According of the Budget. Subsequently, 2010. to the Rules, had the Committee Norm Miller raised a point not introduced or passed the new of privilege on April 12, 2010, Parliamentary Officers clauses, the clauses could not asserting that members of the On May 19, 2010, the Legislative have been introduced the next Official Opposition had been Assembly adopted an address morning. Under the rules for impeded when they tried to make requesting the re-appointment of completion of sessional business, their way to the Chamber for the Gord Miller as Environmental both bills were reported to the Budget presentation. Commissioner. Subsequently, Assembly and subsequently the Lieutenant Governor passed Third Reading. On May 4, 2010 Speaker Steve Peters found a prima facie case of approved an Order in Council The final Appropriation privilege had been established. re-appointing him. Mr. Miller

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 69 is now entering his tenth year it had experienced should be Committees as Ontario’s Environmental subject to the same potential The Select Committee on Mental Commissioner. remedies that occur if there were Health and Addictions was struck to be a prematurely-released On June 1, 2010, the Assembly pursuant to an Order of the report of a legislative committee. adopted a similar address House dated February 24, 2009. After taking the point of privilege requesting the re-appointment The Committee is mandated under consideration, the Speaker of André Marin as Ontario’s to report its observations and found that a prima facie case Ombudsman, and the Lieutenant recommendations with respect to had not been made out. The Governor approved an Order a comprehensive Ontario mental Speaker focused on the fact that in Council re-appointing him. health and addictions strategy. the status of the selection panel However, this re-appointment The Committee tabled its Interim was informal, and that it was not was preceded by some Report on March 31, 2010, and answerable or accountable to the controversy surrounding the all- will continue to meet through the House, unlike a parliamentary party selection panel established summer of 2010. The Committee committee which is a creation of to recruit an Ombudsman for a must table its final report by the House and governed by the new term. September 3. Standing Orders. Parliamentary Officers in After holding public Ontario are all appointed by the G20 Summit consultations in April, the Lieutenant Governor in Council, Toronto was the host city of the Standing Committee on Finance on Address of the Legislative G20 Summit from June 26-27, and Economic Affairs resumed Assembly. The process for the 2010. The location selected its consideration of Bill 16, An Act Assembly to come up with such by Summit organizers for the to implement 2010 Budget measures an Address is an informal one Designated Speech Area was the and to enact or amend various Acts, that comes into being through north section of Queen’s Park. by meeting for clause-by-clause the negotiations and cooperation This created a large security consideration on May 6, 2010. of the parties in the House. Of presence at the Legislative The Committee also met on May late, the Speaker has been called Precinct for the week leading 13, 2010 for clause-by-clause upon to compose a panel of three up to the G20 Summit as well consideration of Bill 44, An Act Members, one from each of the as during the Summit itself. to implement the Northern Ontario recognized parties, and chaired Although there were a number energy credit. Both Bills received by the Speaker, to fulfil this task. of organized demonstrations Royal Assent, respectively on The creation of these selection with very large numbers May 18 and June 8. panels allows the involvement of people, the Legislative The Standing Committee of the House in the selection Building and its grounds were on General Government was of its own Officers, with the relatively unscathed. Following scheduled to hold public hearings intent that the selection panel the G20 Summit, there were on Bill 191, An Act with respect to will recommend a candidate for questions and concerns raised land use planning and protection appointment. by the public and Opposition in the Far North, during the Leading up to the panel’s members regarding an Ontario summer adjournment following recommendation that Mr. Marin regulation that apparently second reading of the Bill. The be re-appointed, there were gave police broad search and Committee had previously a number of press reports arrest powers with respect to considered the Bill after first surrounding the selection panel’s the G20 Summit. Ontario’s reading and held public hearings work. Some members raised Ombudsman announced that in Sioux Lookout, Thunder Bay, concerns that such information he would be “launching an Chapleau and Timmins. A time - accurate or not - had become investigation into the origin allocation motion having passed public, leading eventually to a and subsequent communication on June 2, 2010, the Committee point of privilege being raised in of the controversial security was authorized to hold public the House by Peter Kormos. Mr. regulation passed by the province hearings in the northern Kormos compared the all-party prior to the June 26-27, 2010 G20 Ontario communities of Slate selection panel to a legislative Summit.” This investigation is Falls, Webequie, Sandy Lake, committee and contended that expected to be completed by Attawapiskat and Moosonee the breach in confidentiality early October, 2010. during the week of June 14, 2010.

70 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 On June 8, 2010, the Nishnawbe sector of selected major recipients financial procedures, Afghan Aski Nation Chiefs-in-Assembly of government grants such as detainee documents, decorum passed resolution 10/36 which hospitals, colleges, universities, and accountability continuing to requested that public hearings be school boards and Crown- be at the centre of discussions. postponed until July and August. controlled corporations. The The Committee cancelled its Standing Committee on Public Financial Procedures meeting scheduled for the week Accounts tabled a report entitled On May 3, 2010, on the motion of June 14, 2010, but under the “Committee’s Best Practice” of the Leader of the Official terms of the time allocation dealing with the province’s Opposition, Michael Ignatieff, motion was unable to reschedule transfer partners when broader all Votes under Natural the meetings. Clause-by-clause public sector audits are Resources and all Votes under consideration of the Bill is conducted under the Auditor’s National Defence in the Main scheduled for the first day of the expanded mandate. The report Estimates for the fiscal year fall sitting, September 13. outlined the Committee process ending March 31, 2011, were The Standing Committee on for reviewing an audit on School withdrawn from their respective Government Agencies continued Boards in 2007, the actions taken standing committees and deemed to conduct reviews of, and to by the Committee to secure referred to Committee of the consider intended appointments transfer partner compliance, Whole for examination. Votes to, Ontario Government agencies, public hearings and the issuance under National Defence were boards and commissions. In of Committee reports. The considered in and deemed June, 2010, the Committee Committee is hopeful that this reported by Committee of the presented its report on The Royal template can be of use in future Whole on May 27, 2010, and Ontario Museum. In its report, reviews. those under Natural Resources the Committee noted recent The Standing Committee on May 31, 2010. transformations and innovations on Social Policy completed its On May 4, 2010, during the at the venerable institution and public hearings on Bill 21, An fourth of nine allotted days for made several recommendations Act to regulate retirement homes, the supply period ending June 23, for further improvements. before reporting the bill with 2010, the House debated a Liberal The Standing Committee on certain amendments back to the Party motion of Siobhan Coady Justice Policy considered Bill 46, House for passage prior to the on the Lobbying Act. During An Act respecting the care provided adjournment of Parliament for the debate, an amendment was by health care organizations. The the summer. In the intersession, moved by Dominic LeBlanc bill includes requirements for the Committee is expected to with the consent of the sponsor quality committees, annual hold public hearings across the of the motion. The vote was quality improvement plans, province to consider Bill 65, An deferred until May 5, 2010. compensation linked to achieving Act to revise the law in respect of The amendment and the main improvement targets, patient/ not-for-profit corporations. motion, as amended, were agreed client/caregiver surveys, staff to unanimously. William Short surveys, declaration of values On June 17, 2010, the Main and a patient relations process to Committee Clerk Estimates for the fiscal year address patient experience. The ending March 31, 2011, less Committee held public hearings the amounts voted in interim on May 20, 2010 and followed supply, were concurred in. On that with clause-by-clause the same day, the Supplementary consideration on June 1. The bill Estimates (A) for the fiscal year was reported back, with certain ending March 31, 2011, which amendments, on June 2. were tabled on May 25, 2010, were also concurred in. Bills C-44 In 2005, the Ontario Audit House of Commons Act was amended to expand and C-45 (Acts for granting to Her the Auditor General’s mandate, Majesty certain sums of money for oth the House and its the federal public administration for thus allowing the Auditor to committees were quite active undertake value-for-money B the financial year ending March 31, in the months leading up to 2011) passed all legislative stages audits in the broader public the summer adjournment, with

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 71 in the House on June 17, 2010, House instructed the Standing Nicholson indicated, on May and, after Senate examination, Committee on Public Safety 31, that more time was required received Royal Assent on June 29, and National Security to divide to finalize the memorandum of 2010. Bill C-23, An Act to amend the understanding. Criminal Records Act and to make Legislation On June 15 the Government consequential amendments to other House Leader made a On June 1, 2010, the Leader of Acts, into two bills, namely statement indicating that the the Government in the House of Bill C-23A, An Act to amend government, together with the Commons, Jay Hill, gave notice the Criminal Records Act, and Official Opposition and the Bloc of a time allocation motion for Bill C-23B, An Act to amend the Québécois, had arrived at an the report and third reading Criminal Records Act and to make agreement. The same day, NDP stages of Bill C-9, An Act to consequential amendments to other Member Jack Harris rose on a implement certain provisions of Acts. By that same motion, Bill question of privilege to challenge the budget tabled in Parliament on C-23A was deemed to have been the provisions of this agreement. March 4, 2010 and other measures. reported from the Committee On the following day, June 16, On June 3, at the resumption of without amendment, deemed the agreement, signed by the consideration of the Bill, Mr. Hill concurred in at report stage and Prime Minister, the Leader of the moved that not more than one deemed read a third time and Opposition and the leader of the further sitting day be allotted to passed. Following consideration Bloc Québécois, was tabled in the the consideration at report stage by the Senate, the Bill received House by the Government House of the Bill and one sitting day be Royal Assent on June 29, 2010. Leader. allotted to the consideration at Questions of Privilege third reading stage of the said On June 17 the Speaker made a Bill. The question was then put Afghan Detainee Documents: statement regarding Mr. Harris’s and agreed to. After several On April 27, 2010, Speaker June 15 question of privilege. He explained that it was not for weeks of debate in the Senate, the Peter Milliken provided the Bill received Royal Assent on July House with a detailed ruling the Chair to examine the details 12, 2010. on the questions of privilege of the agreement or to compare it to the agreement in principle On June 7, 2010, Mr. Hill raised concerning the Order of the House of December 10, 2009, tabled on May 14, and concluded gave notice of the government’s that the requirements of his intention to move time allocation pertaining to documents on the treatment of Afghan detainees. ruling of April 27, 2010 had been for the report and third reading met. However, although the stages of Bill C-2, An Act to Having found a prima facie question of privilege, the Speaker Speaker considered the matter implement the Free Trade Agreement closed for now, he noted that between Canada and the Republic opted to allow the parties two weeks to work together to reach should circumstances change of Colombia, the Agreement on the following the implementation of Environment between Canada and a compromise on how to deal with the documents, rather the processes and mechanisms the Republic of Colombia and the described in the agreement, the Agreement on Labour Cooperation than proceeding immediately to asking a Member to move a Chair could be again seized of the between Canada and the Republic matter. of Colombia. On June 9, at the privilege motion. On May 11, Comments About Members: resumption of consideration of following a request from all On the Bill, Mr. Hill moved that not parties, the Speaker granted May 10, Paul Szabo raised a more than one further sitting day an extension to May 14. That question of privilege regarding be allotted to the consideration day the Minister of Justice (Rob a statement made about him at report stage of the Bill and Nicholson) announced that an by Chris Warkentin during one sitting day be allotted to the agreement in principle had been Statements by Members on consideration at third reading reached between the parties Thursday, May 6. Mr. Szabo stage of the said Bill. The and then proceeded to table raised another question of question was then put and agreed the agreement. The Minister privilege on May 14 with to. added that a memorandum of respect to remarks made by understanding outlining the James Bezan during Statements On June 17, 2010, by details of the agreement would by Members, and to a question unanimous consent, the be in place by May 31, 2010. Mr. of Mr. Warkentin during Oral

72 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 Questions. (Both the statements to the procedural resources of the amendment, which sought to and question related to the role Committee. Mr. Julian claimed change the short title of the bill, played by Mr. Szabo as Chair that this matter went beyond was dependent on the adoption of the Standing Committee on the scope of committee business of the first amendment and was Access to Information, Privacy and involved the abuse by the therefore ruled null and void. The and Ethics.) Mr. Szabo alleged majority on the Committee of the Speaker ordered that these two that the Members’ interventions privileges bestowed on it by the amendments, as adopted by the were personal attacks against him House. Committee, be struck from the and a form of intimidation. On June 10, the Speaker ruled Bill as reported and that the Bill On June 14 the Speaker ruled on the matter and, stating that be reprinted. on the questions of privilege. committees are masters of their On May 31, the Speaker ruled The Speaker found that while own proceedings, reaffirmed on the point of order raised on it was clear that many of the that any alleged irregularities May 5, 2010 by Sylvie Boucher grievances related directly to occurring in committees could with regard to the use of the term events said to have occurred only be taken up in the House “token Quebecker” in reference in committee, the questions of following a report from the to some Members. The Speaker privilege were in fact hybrid committee itself. The Speaker concluded that the use of the matters: that is, they concerned concluded that since the term “token Quebecker” had whether or not statements made Committee had not reported the clearly led to some disorder and in the House with regard to matter to the House, there was considerable offence, and he events in committee, because little he could do. urged Members to refrain from of the way they were cast when using it and any others that may made, constituted a prima facie Points of Order tend to lead to disorder. case of privilege. The Speaker On May 11 the Speaker ruled Private Members’ Business did not find a prima facie case of on the point of order raised on privilege in these instances, but April 29, 2010, concerning the During the Second Session of the he stated that he was concerned admissibility of the amendments 40th Legislature, on November by the continuing and unsettling contained in the report from 18, 2009, David Sweet presented trend towards using Members’ the Standing Committee on the Second Report of the Standing statements as a vehicle to criticize Aboriginal Affairs and Northern Committee on Veterans Affairs other Members. Development on Bill C-3, An Act on Bill C-201, An Act to Amend the Committee Proceedings: On to promote gender equity in Indian Canadian Forces Superannuation June 3, Peter Julian raised a registration by responding to the Act and the Royal Canadian question of privilege with respect Court of Appeal for British Columbia Mounted Police Superannuation Act to the business of the Standing decision in McIvor v. Canada (deletion of deduction from annuity), Committee on International (Registrar of Indian and Northern standing in the name of Peter Trade. The Member argued that Affairs). The Speaker explained Stoffer. The Committee amended his rights and the rights of the that Bill C-3 had been drafted in the Bill by deleting the title and Bloc Québécois Members had response to a ruling of the Court all clauses. During report stage in been violated during a meeting of Appeal for British Columbia the House, the sponsor of the Bill, held on June 1, during which and sought to redress the specific Mr. Stoffer, proposed motions the Committee was conducting inequality identified by the Court to restore the title and original clause by clause consideration of with respect to the descendants clauses of the Bill. On May 5, Bill C-2. He explained that during of some Indian women. The 2010, the House voted to adopt the meeting, the Chair had not proposed amendment to section Mr. Stoffer’s motions and the informed the Committee that it 6 of the Indian Act aimed to Bill, as amended, was concurred was reverting to a public meeting extend registration to persons in at report stage. However, from its in camera status, and that who were not identified in the because the Bill required a royal the Chair and the majority of Court’s ruling. The amendment recommendation that had not the members on the Committee thus exceeded the scope of the been granted, the Speaker stated had systematically frustrated his Bill as set by the House at second that, pursuant to his ruling of attempts to speak, intervene on reading and was therefore February 25, 2009, he would not points of order, and have access inadmissible. The second put the question on the motion

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 73 for third reading of Bill C-201. recommended that Bill C-310, An the Economic Development The Order for third reading was Act to Provide Certain Rights to Air Agency of Canada for the Region discharged and the item was Passengers, standing in the name of Northern Ontario, and C-393, dropped from the Order Paper. of Jim Maloway, not be further An Act to amend the Patent On May 27, the House proceeded with. The motion Act (drugs for international considered motion M-517 in to concur in the Report was humanitarian purposes) and to the name of Michael Chong debated on April 29, 2010, and make a consequential amendment to instructing the Standing subsequently agreed to in a vote another Act. On June 9, 2010, the Committee on Procedure and on May 5, 2010. House voted to allow these two House Affairs to recommend On May 25 Mr. Hill made extensions of time. changes to the Standing Orders a statement in the House to On June 9, 2010, Mark Holland and other conventions governing address the issue of Ministers’ tabled the Second Report of Oral Questions. Mr. Chong’s staff members being called the Standing Committee on motion contains proposals: before committees to testify. Public Safety and National (i) to elevate decorum and fortify He declared that henceforth, Security, which recommended the use of discipline by the ministerial political staff would that Bill C-391, An Act to amend Speaker; not have to testify before the Criminal Code and Firearms (ii) to lengthen the amount of committees. Instead, since Act (repeal of long-gun registry), time given for each question and answer; Ministers are accountable for standing in the name of Candice (iii) to require that Ministers policy, the operation of their Hoeppner, not be further respond to questions directed at departments and the decisions proceeded with. On June 15, 2010, them; made by their staffers, they the Speaker designated Tuesday, (iv) to allocate half the questions would be the ones to appear September 21, 2010, as the date each day to backbench Members; (v) to dedicate Wednesday when their subordinates were fixed for the consideration of exclusively for questions to the called before committees. the motion to concur in the Prime Minister; and The Standing Committee Second Report of the Standing (vi) to dedicate the rest of the on Access to Information, Committee on Public Safety week to questions for Ministers and National Security. The other than the Prime Minister. Privacy and Ethics, which is conducting a study regarding one-hour debate will take place During the debate, the the allegations of interference in immediately following Private Parliamentary Secretary to the Access to Information requests, Members’ Business. Leader of the Government (Tom had called upon staff members On June 10 Pat Martin Lukiwski) moved an amendment from different Ministers’ offices presented the Third Report of to the motion, proposing, among and from the Prime Minister’s the Standing Committee on other things, that the Committee office to testify. Following the Government Operations and study whether there are practices government’s statement, and a Estimates to the House. Later of the Westminster Parliament number of committee meetings that day, Mr. Szabo raised a in the United Kingdom or of during which Ministers attended point of order concerning the other parliaments based on the to speak in the place of the admissibility of the Report. He Westminster model that may witnesses who had been called, argued that the subject matter be adopted and adapted to a the Law Clerk and Parliamentary of the Report was based on a Canadian context. After debate, Counsel, Rob Walsh, appeared study of claims that the Member the Order was dropped to the before the Committee on June 15, for Scarborough—Rouge River bottom of the order of precedence 2010, to explain the consequences (Derek Lee) was actively on the Order Paper. It is scheduled of the witnesses’ failure to appear lobbying the Government of to be taken up again when the before the committee. Canada while sitting as a Member House resumes sitting in the fall. On June 2 Mr. Chong of Parliament and that this was Committee Business presented the First and Second beyond the mandate of the Committee. On June 17, 2010, On March 31 Merv Tweed Reports of the Standing Committee on Industry, Science the Speaker ruled on the point of tabled the First Report of order, finding that the Standing the Standing Committee on and Technology in relation to an extension of time to consider Committee on Procedure and Transport, Infrastructure House Affairs had the necessary and Communities, which Bills C-309, An Act establishing

74 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 authority to look into any claims On May 13 Jay Hill, Marcel On June 11 Chuck Strahl related to the Conflict of Interest Proulx, Louis Plamondon, (Minister of Indian Affairs and Code or the conduct of Members Libby Davies and the Speaker Northern Development, Federal of Parliament. Consequently, paid tribute to the memory of Interlocutor for Métis and Non- he ruled the Third Report of William Corbett, Clerk of the Status Indians and Minister of the Standing Committee on House of Commons from 2000 to the Canadian Northern Economic Government Operations and 2005, who passed away on May Development Agency) made a Estimates out of order, that the 3, 2010. statement regarding the Indian Report be deemed withdrawn, The portrait of former Prime residential school system and he and that no further proceedings Minister Jean Chrétien was marked the second anniversary be taken on the Report. unveiled during a ceremony held of the Prime Minister’s apology. On, June 16, Joe Preston on May 25. Minister Strahl also announced he would attend the first of seven presented the Twelfth Report On May 27 the President of the Standing Committee on national events being held by of Mexico, Felipe Calderón the Truth and Reconciliation Procedure and House Affairs, Hinojosa, addressed the relating to the use of new Commission in the following Members of the House of week. technologies and their impact Commons and the Senate in the on House and Committee House of Commons chamber. The House adjourned for proceedings. the summer on June 17, and is On May 31, Mr. Hill tabled On June 17, Yasmin Ratansi scheduled to resume sitting on Report of the Commission of Monday, September 20, 2010. presented the Fourth Report Inquiry into Certain Allegations of the Standing Committee Respecting Business and Suzie Cadieux on Government Operations Financial Dealings Between and Estimates in relation to Procedural Clerk Karlheinz Schreiber and Table Research Branch its study of the financing of the Right Honourable renewable energy projects by the Brian Mulroney. government. The Committee’s study of the matter had run On June 3, 2010, he tabled for a number of weeks, during a Certificate of Nomination which the Committee had heard and biographical notes of testimony by several individuals Suzanne Legault, the nominee including former Member of for the position of Information Parliament Rahim Jaffer. The Commissioner. After referral Report drew the attention of the to the Standing Committee on House to a potential breach of its Access to Information, Privacy he National Assembly privilege and/or a possible case and Ethics, the nomination was adjourned on June 12, 2010, of contempt of Parliament and agreed to in the House by unani- T for its summer recess. According recommended that the House mous consent on June 10, 2010. to the 2010-2011 calendar tabled take the measures it deems On June 17, Vic Toews by President Yvon Vallières, it appropriate. (Minister of Public Safety) will resume on September 21. tabled the final report of the By the close of proceedings, Other Business Commission of Inquiry into the the Members had passed 20 Investigation of the Bombing of On May 12 the House resolved public bills and 10 private bills. Air India Flight 182. itself into Committee of the Also, since the parliamentary Whole for a take-note debate on On June 9 Diane Ablonczy reform adopted in April 2009, the subject of the importance of (Minister of State for Seniors), 23 electronic petitions signed the East Coast shellfish industry. made a statement marking the by over 117,000 Quebecers have On June 14, the House resolved fifth annual World Elder Abuse been presented to the National itself into Committee of the Awareness Day on June 15. She Assembly Whole for a take-note debate on also announced there would be On May 11, at the request of the subject of the measures being an International Elder Abuse two independent Members, the taken to address the treatment of Awareness Conference in Toronto Assembly met as a committee multiple sclerosis. on June 15.

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 75 of the whole to consider the it must notify the Chair and Political Book Day in Québec is Assembly’s budget estimates for the independent Members in held to promote books on politics the 2010-2011 fiscal year. The last advance. The independent and generate a fresh flow of ideas similar occurrence dated back to Member for Mercier is entitled to between members of the public, 1996. Since then, the practice had one question per seven sittings parliamentarians, authors and been for the Assembly to depart and may ask his question at readers. from Standing Order 286 and any sitting he chooses but he The National Assembly held dispense the committee of the must let the Chair and the other the 18th edition of the Young whole from meeting given that, independent Members know at Democrats’ Tournament from by law, the Assembly’s budget which sitting he intends to do so. April 16 to 18. Forty-four teams estimates are adopted by the Premier Jean Charest made representing 33 educational Office of the National Assembly. minor changes to the Cabinet institutions from various The end of the regular line-up. On May 6, 2010, regions throughout Québec sitting period was followed by Yolande James, who is also tested their knowledge of the an extraordinary sitting, held Minister of Immigration and history of democracy and of our on June 11, during which the Cultural Communities, was parliamentary system and how it MNAs completed consideration appointed Minister of Families works. of and passed Bill 100, An Act to replace Tony Tomassi, who On April 30, the President to implement certain provisions is now sitting as an independent of the National Assembly, of the Budget Speech of March 31, Member. M. Vallières, chaired the 2010, reduce the debt and return to On July 5, 2010, the by-election proceedings of the 14th Pupils’ a balanced budget in 2013–2014. in the electoral division of Vachon Parliament. Three bills drafted The Government used an was won by Parti québécois by participating classes were exceptional procedure which candidate Martine Ouellet. The debated by the student MPs, aged specifies the number of hours Assembly now stands as follows: 11 and 12. allotted for each stage remaining Québec Liberal Party, 66 seats; in the consideration of a bill. The On April 21, before an Parti Québécois, 51 seats; Action audience of parliamentarians and bill had been undergoing the démocratique du Québec, 4 seats; committee stage. dignitaries, National Assembly and Québec solidaire, 1 seat; President Vallières unveiled a At the April 20, 2010 sitting, independents, 3 seats. program of activities to mark the President handed down a On June 11, 2010, further to a the 70th anniversary of women’s directive on the distribution of motion moved by the Premier, right to vote and to hold office in questions at Question Period. It Associate Secretary General Québec. The program includes a sought to clarify prior directives for Parliamentary Affairs and brochure on the advances made issued on November 10 and 11, Procedure Michel Bonsaint was by women from the time they 2009 – which spelled out the appointed Secretary General were granted the right to vote particulars relating to questions of the National Assembly, to to the present, an exhibition, by independent Members succeed François Côté, who a television broadcast and a and Members of the Second is retiring from the post. The special issue of the magazine Opposition Group – in order to appointment is effective as of published by the National facilitate the Members’ exercise of September 21. Also, François Assembly Library, the Bulletin their right to ask questions. Casgrain, interim Lobbyists de la Bibliothèque de l’Assemblée. The independent Members for Commissioner, was appointed Also, in partnership with the city La Peltrie and les Chutes-de-la- Lobbyists Commissioner for a of Québec, the Québec National Chaudière are each entitled to five-year term. Capital Commission and the one question per seven sittings, Conseil du statut de la femme, but may not ask their question Other events a monument will be erected on at the same sitting as the Second On April 6, the National the grounds of the Parliament Opposition Group, which is Assembly announced the names Building to honour the memory entitled to five questions per of the eight winners of the of those who launched the seven sittings. When the Second literary prizes awarded on the women’s suffrage movement. Opposition Group decides not occasion of the 8th edition of This fall, the National Assembly to ask a question at a sitting, Political Book Day in Québec. television channel will produce

76 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 a feature on the suffragettes as internal organization. These recommends that an internal part of its series on figures of recommendations were committee be created to advise democracy. unanimously adopted by the the pension plan management On June 3, President Vallières Committee members. board, the Commission opened the exhibition, which On the same date, the administrative des régimes looks at women in politics Committee tabled another report de retraite et d’assurances, on from the suffragette days to the after hearing the Commission services to pension recipients and present. On the same occasion, he des transports du Québec and on indexation-related issues. The launched the special issue of the examining its policy directions, Committee intends to continue Bulletin. activities and management. its examination of the subject and The Committee framed two to pay close attention to how its Nicole Bolduc recommendations for better recommendation is acted on. House Secretariat accountability reporting On May 25, after the Committees within the Commission. The Committee on Health and Social recommendations received Services wrapped up its expert After holding public hearings unanimous support from the hearings, the Select Committee and special consultations in Committee members. on Dying with Dignity released a February and March as part of On May 25, the Committee consultation paper to encourage its consideration of a paper on public debate on what is a sustainable off-roading, on June 9 on Planning and the Public Domain tabled its report on its complex issue. The paper offers the Committee on Transportation food for thought and discusses and the Environment tabled examination of the 2008–2009 activity report, three-year the questions raised by the a report containing three Committee members, who recommendations: that a pilot plans and financial statements of the Commission de la will be travelling to 10 cities project be set up to test a dispute throughout Québec to hold resolution mechanism for a capitale nationale du Québec. The report formulates eight general consultation hearings and six-year period, during which meet members of the public who immunity from prosecution recommendations that were unanimously adopted by the wish to voice their opinions on would be maintained; that the subject. To open the process nighttime off-roading be Committee members. These recommendations seek to to the broadest possible spectrum prohibited; and that a minimum of participants, the Select 100-metre buffer distance be improve certain aspects of the Commission’s accountability Committee has been asked to required between future trails also hold an online consultation. and residential buildings. The reporting and the content of its annual report. The Committee The questionnaire is up on the matter had been referred to National Assembly’s website at the Committee by the National heard the Commission as Act https://www.assnat.qc.ca/csmd/ Assembly under section 87.2 required by section 27 of the respecting the National Capital dyingwithdignity.aspx. of the Act respecting off-highway Commission vehicles. . On June 4, the Committee As part of its order of initiative on Public Administration On April 28, in compliance tabled its 24th report on the with Standing Order 294, the on the indexation of the public and parapublic sector pension accountability of deputy same Committee tabled its ministers and chief executive report on its examination of plans, the Committee on Public Finance tabled an interim offices of public bodies. In the the policy directions, activities winter of 2010, the Committee and management of the agency report on June 8 to stimulate public reflection on the possible completed its first “cycle of responsible for holding public scrutiny” after examining the hearings on environment-related solutions it chose to explore in its pursuit of a positive outcome. annual management reports of issues, the Bureau d’audiences some 80 bodies governed by publiques sur l’environnement. The interim report provides background on the pension plans, the Public Administration Act. In its report, the Committee The Committee’s report makes makes four recommendations outlines the main problems and challenges to be addressed and recommendations aimed at aimed at improving the agency’s improving the way in which accountability reporting and summarizes the Committee members’ comments. It also the content of the annual

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 77 management reports is structured and Saguenay – Lac-Saint-Jean that can be accorded to a citizen and asks the treasury board regions to meet with dropouts of the province were Father secretariat, the Secrétariat du and returners and people who Brady Smith, Diane F. Griffin Conseil du trésor, to draft a 10- are actively involved in the and Dr. Regis Duffy, CM. year report on the administration education sector or with youth in First conferred in 1996, the of the Act. their region. On both occasions, honour is granted annually a number of dropout-related as a means of recognizing Bills, Estimates and other themes were broached at a public Activities those Islanders who have roundtable discussion. These shown individual excellence or The parliamentary committees regional visits were part of the outstanding leadership in their of the National Assembly order of initiative the Committee community and in their chosen considered a number of bills. The took up in April 2009. occupation or profession. It is Committee on Public Finance awarded following a public devoted 12 sittings to the clause- Stéphanie Boutin nomination process with not by-clause consideration of Bill Committees Secretariat more than three recipients being 100, An Act to implement certain selected by an independent provisions of the Budget Speech of advisory council each year. 30 March 2010, reduce the debt and Insignia of the Order will return to a balanced budget in 2013- be presented by Barbara A. 2014. Worth noting is the fact Hagerman, Lieutenant Governor that the work was completed in of Prince Edward Island, at a committee of the whole during an special investiture ceremony on extraordinary sitting after it was October 6, 2010. moved that the Assembly use the exceptional legislative procedure A snapshot of the province’s provided for in Standing Orders Prince Edward Island economy, population and social 182 to 184.2 and 257.1 to 257.10. makeup is now available with the release on July 5, 2010, of the The Committee on Institutions n May 19, 2010, the Third Session of the Sixty-third thirty-sixth edition of the Prince started its clause-by-clause O Edward Island Annual Statistical consideration of Bill 48, the Code General Assembly prorogued after 40 sitting days. According to Review. Highlights from 2009 of ethics and conduct of the Members reveal the Island population of the National Assembly. Among the parliamentary calendar, the Fourth Session of the Sixty-third at 140,985, an increase of 1.1% other things, the proposed Code over the previous year, mainly establishes the rules of conduct to General Assembly will commence on November 12, 2010. attributable to net international be observed by Members in such immigration; economic growth matters as incompatible offices or Maria C. MacDonald was of 0.6%; an unemployment rate posts, conflicts of interest, gifts appointed Information and of 12%; farm cash receipts of and benefits. The Committee has Privacy Commissioner for the $395.7 million; and an increase so far devoted 11 sittings to the Province of Prince Edward Island in housing starts of 23.2% as bill. on May 6, 2010, for a five-year compared to 2008. The entire In April and May, the term effective June 7, 2010. review can be viewed online at parliamentary committees Commissioner MacDonald, a www.gov.pe.ca/finance. practising lawyer and resident considered the Government’s Attorney General Doug Currie budget estimates, as per Standing of Charlottetown, was called to the Bar of the Supreme Court of announced on June 10, 2010, Order 282. The task required a that the Office of the Attorney total of 188 hours. Prince Edward Island in 2001. She is a graduate of the University General and Public Safety will After hearing experts on of Prince Edward Island and the be renamed the Department of student dropout, education and University of New Brunswick. Justice and Public Safety. young people, the members of “The new name was chosen the Committee on Culture and The 2010 recipients of the Order of Prince Edward Island to better reflect the diverse Education, inspired by what range of responsibilities and they had heard, travelled on were announced on June 18, 2010. Receiving the highest honour services within the department,” May 21 and 28 to the Lanaudière said Minister Currie. “It also

78 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 follows department naming transcription of them. In February Regional meeting from July conventions in other provinces.” 2009 Hansard began digitizing 13-19, 2011. Next year marks the The Department of Justice and the Third Session of the Fifty- centennial of the Commonwealth Public Safety is responsible for first General Assembly (February Parliamentary Association, and the administration of justice and 22-April 25, 1968)–the first tapes 70 years since the Legislative for public safety throughout the available–and at press time were Assembly of Prince Edward province. Programs and services up to the Second Session of the Island unanimously resolved include court services, Legal Fifty-second General Assembly to establish a branch of the Aid, community and correctional (up to March 26, 1971). These Association to furnish the programs, legal services to audio files will be archived members with “greater facilities government, consumer and on a website. Eventually, the to obtain a wider knowledge of corporate services, insurance transcripts will be merged with Empire affairs.” and securities regulation, scanned text of replies to the As previously reported, on policing services, emergency throne speeches, and edited, April 29, 2010, the Legislative management, 911 service, the giving the public access to these Assembly unanimously passed Crown Attorneys’ Office, the Fire records. a motion calling for the Standing Marshal’s Office, the Coroner’s Hansard Manager, Jeff Bursey, Committee on Legislative Office, and the Legislative will publish his first book, a Management to review the 1974 Counsel Office. satire, entitled Verbatim: A Novel, Province House Agreement Throughout the winter of 2010, this fall from the Manitoban firm between the Government of with a break from early April of Enfield & Wizenty. Set in a Prince Edward Island and to late May when the House fictional parliament in a fictional the Government of Canada. was open, and into the spring province during the 1990s, and The Legislative Management and early summer, Hansard told primarily in debates (set Committee has been charged continued with four ongoing out in dual-column form) and with holding public meetings projects. The first two were the letters between bureaucrats, and making recommendations fifth volume of Index of Committees this ‘insider’ look at legislative for revisions to the Agreement (covering December 8, 2009- activity is sure to be of interest to which will ensure the long-term March 30, 2010) and the index those who work in legislatures structural maintenance of the to the daily debates of the Third and closely with legislators. building and transform Province Session of the Sixty-third General From August 16-20, 2010, House into a more dynamic place Assembly (November 12, 2009- Prince Edward Island will host for engaging Islanders in the May 19, 2010). Both are available the Hansard Association of history, culture and operation online at www.assembly.pe.ca. Canada conference. Delegates are of their own legislature and The third indexing project expected from across Canada, democracy. The process has concluded on July 2, 2010. as well as England, Isle of Man, begun with the development of It was determined that the Northern Ireland, Scotland and a survey to gauge visitors’ views previous indices for the period Wales to hear presentations on on the interpretation of Province 1996 to 2002–its first six years social media, voice recognition House, as well as documents in existence–were inadequate. technology, verbatim scale, and explaining the building’s history They were also accessible only to how to keep staff employed and the federal-provincial the few who owned the bound when legislatures are closed. management agreement. Public Hansards for those years. These This marks the first time the comment is being invited via the indices have all been redone conference will be held in the Legislative Assembly’s website and expanded, and are available province. and a series of advertisements in the province’s newspapers. online. This has been a sizeable Plans are underway for project, taking in about 18,000 Public hearings will take place in the Prince Edward Island the early fall. pages of text. Branch of the Commonwealth In the winter of 2010, and Parliamentary Association The Island Hymn is now the resuming again in late May, to host the 49th Canadian official provincial anthem of Hansard continued with its Regional Conference, as well Prince Edward Island. First fourth project, the digitizing as the Commonwealth Women performed in 1908, the lyrics of reel-to-reel tapes, and the Parliamentarians Canadian were written by Lucy Maud

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 79 Montgomery, perhaps best Civil Forfeiture Bill which it is introduced. known for her series of novels During the Spring Sitting, a starting with Anne of Green Original Territorial proposed piece of Government Gables, with music composed by Administration Building legislation (Bill No. 82, Civil Laurence W. Watson. For more Forfeiture Act) met with marked On June 5, a ceremony was than a century, the song has been opposition, including a protest held in to unveil a part of the cultural fabric of outside the Government a brass plaque commemorating the province and is often heard Administration Building (which the historic significance of the at social and recreational events. also houses the Legislative Old Territorial Administration In 2007, French language lyrics Assembly Chamber). The bill, Building, which in 2001 had been were developed by Raymond J. which was introduced on March designated a National Historic Arsenault; this version is known 29th, received second reading on Site by Parks Canada. The as L’hymne de l’Île division on April 15th, and was impressive building, designed considered in Committee of the in the neoclassical style by Marian Johnston Whole on April 19th. On April architect Thomas W. Fuller, Clerk Assistant and Clerk of 28th, during Opposition Private was constructed in 1901. Until Committees 1953, when the territory’s capital Members’ Business, Steve Cardiff moved Motion No. 1031, urging moved from Dawson City to the Government to delay debate , the Council Chamber on the bill (which remained in was located in the building. Committee of the Whole) until a Currently, the Old Territorial further Sitting to allow time for Building serves as the home of public consultation. During the the Dawson City Museum. debate, Premier Among those in attendance at Yukon stated that the Government fully the ceremony were Elaine Taylor, supported the motion, which Yukon’s Minister of Tourism and n May 20, 2010 the Spring was agreed to that day, nemine Culture and Deputy Premier, OSitting of the 1st Session of contradicente. On May 6, a public and Steve Nordick, Deputy the 32nd Legislative Assembly protest that had been planned Speaker, Cabinet Commissioner adjourned. The 32-day sitting went forward, with protesters for Community Services and had convened on March 25th. first demonstrating outside Highways and Public Works, The Sitting concluded with then moving inside to fill the and Member for Klondike (in Assent being given in the Chamber’s Public Gallery. The which electoral district Dawson Chamber by the Commissioner same day, Mr. Cardiff presented City is located). Together with a representative of the Historic of Yukon, Geraldine Van Bibber a petition (Petition #12) in the to the following seven bills (all House regarding the bill. On Sites and Monuments Board Government bills): May 20, Minister of Justice of Canada, other officials, and Marian Horne delivered an oral Yukoners, they gathered in • Bill No. 18, Third Appropriation the old Council Chambers to Act, 2009-10 response to the petition, stating that Bill No. 82 will not be passed commemorate the occasion. • Bill No. 19, Interim Supply into law. Appropriation Act, 2010-11 Todd Hardy • Bill No. 20, First Appropriation Since the adoption of the Act, 2010-11 new Standing Orders in 2001 On July 28, Todd Hardy, Member for , • Bill No. 81, Victims of Crime Act (Standing Order 76) that provide for outstanding Government and former Leader of the NDP, • Bill No. 83, Act to Repeal an passed away. He had been Amendment to the Human Rights bills called by the Government Act House Leader to be advanced fighting leukemia. Members of all political stripes made • Bill No. 84, Labour Mobility through remaining stages on Amendments Act the final day of a sitting without statements regretting the loss to the territory of a principled, • Bill No. 85, Act to Amend the further opportunity for debate Motor Vehicles Act, 2010 or amendment, it is unusual compassionate, and passionate for a government bill to not be Member. First elected in 1996, assented to during the sitting in Mr. Hardy lost his seat in the

80 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 2000 election, and was re-elected exempt from the prohibition; Electoral Officer to recommend in 2002, and again in 2006. He and requires that each a Chief Electoral Officer, as the leaves his wife, Louise Hardy, installation of an after-market incumbent’s term expired on June compartment be reported to who is a former MP for Yukon, the police. 5. Craig James, Clerk Assistant as well as four children, and a and Clerk of Committees of the granddaughter. One bill that passed Legislative Assembly of British unanimously was Bill 18, Haida Columbia, has temporarily been Linda Kolody Gwaii Reconciliation Act. It gives appointed Acting Chief Electoral effect to the Kunst’aa guu — Deputy Clerk Officer until a permanent Kunst’aayah Reconciliation appointment is found. Protocol between the Haida Nation and British Columbia, On May 27, the Select Standing which was signed on December Committee on Finance and 11, 2009. The islands known Government Services received as the Queen Charlotte Islands its terms of reference, which will and Iles de la Reine Charlotte enable the Committee to conduct are renamed Haida Gwaii in its annual budget consultations both languages. The legislation beginning in September. The also provides for a joint Committee is also responsible for management council, made reviewing the annual budgetary up of two representatives each proposals of British Columbia’s eight statutory officers. British Columbia from the province and the Haida Nation, to make land and natural The Special Committee to he Legislative Assembly resource decisions over most of Review the Freedom of Information Tadjourned on June 3, 2010 Haida Gwaii. and Protection of Privacy Act tabled after forty six sitting days. Bill 17, Clean Energy Act, was its report in the Legislature on Twenty one government bills passed through the use of a time May 31, 2010. During this third received Royal Assent during allocation motion. From the B.C. review of the legislation, the the spring sitting, including the government’s perspective, this Special Committee heard from 22 following public safety bills: bill provides a strong legislative witnesses at two public hearings, received 118 written submissions • Bill 12, Gunshot and Stab Wound foundation for ensuring Disclosure Act, requires health electricity self-sufficiency at and made 25 recommendations. care facilities and emergency low rates; harnessing British To improve access to medical assistants to report Columbia’s clean power potential information, the Special gunshot and stab wounds to the police; and provides to create jobs in every region Committee reiterated the call protection from liability for of the province; strengthening for public bodies to adopt the those who report such injuries environmental stewardship; practice of routine proactive in good faith. and reducing greenhouse disclosure of electronic records, • Bill 14, Motor Vehicle Amendment gases. However, the Official made by the previous two Act, 2010, gives the police Opposition argued that giving statutory review committees. increased authority regarding cabinet more control over energy In the privacy field, the report drunk drivers and makes British Columbia’s drinking policy would allow $10 billion in proposed adopting consent and driving penalties the infrastructure spending without provisions, similar to the toughest in Canada; and sufficient public oversight, private sector privacy law. This introduces other changes remove consumer protection recommendation and other regarding motorcycle safety, from hydro rate hikes and shift concerns of opposition members driver fitness and drivers’ licences for agricultural British Columbians’ money prompted a brief debate on workers. into the hands of private power the committee report before its • Bill 16, Armoured Vehicle and companies. adoption by the House. After-Market Compartment Committee Activity Cabinet Shuffle Control Act, requires permits for drivers of armoured On May 6, 2010, the Legislative On June 11, 2010, Blair Lekstrom, vehicles; prohibits after- Assembly established a Special the Minister of Energy, Mines market compartments in vehicles unless the owner is Committee to Appoint a Chief and Petroleum Resources,

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 81 resigned from both the Cabinet • Bill 31 – The Budget whether or not the Minister of and the B.C. Liberal Caucus Implementation and Tax Statutes Finance rose in a timely manner over his concerns regarding Amendment Act, 2010, which to cast her vote. Ultimately, implements measures in a lack of consultation on the the 2010 Manitoba Budget, Deputy Speaker Marilyn Brick province’s adoption of the and makes various other ruled that as unanimous consent HST. He continues to sit as the amendments to tax and was denied for the Minister’s vote Independent Member for Peace financial legislation, including: to be recorded, her vote would River South. • Amendments to the not be counted even though the Balanced Budget, Fiscal Due to the resulting vacancy Minister was in her seat for the Management and Taxpayer division. in Cabinet, the following changes Accountability Act which were made: would suspend requirements Another procedural issue for the government to table • Bill Bennett moved from developed this session regarding a balanced budget each Community and Rural the public discussion of a fiscal year and to achieve a Development to become positive balance each year. confidential document considered Minister of Energy, Mines and These measures would be in by the Legislative Assembly Petroleum Resources; effect for the current fiscal Management Commission this • Ben Stewart moved from year and the next three past winter and spring. On Citizens’ Services to become years or until a positive net June 2, 2010 Kevin Lamoureux Minister of Community and result is achieved, whichever Rural Development; and is earlier (the “economic referred during question period • Mary McNeil becomes recovery period”). to a budget submission from the Minister of Citizens’ Services. • Amendments to Members’ Children’s Advocate. Speaker Her former responsibilities Salaries Regulation which George Hickes intervened and as Minister of State for the would: suspend cost-of- ruled that the document was Olympics and ActNow BC living increases for MLA confidential and should not now fall under the Ministry of salaries for the current fiscal be referred to in the House. Healthy Living and Sport. year and the next fiscal year; and reduce the additional Dr. Jon Gerrard raised a matter Kathryn Butler salary payable to ministers of privilege on June 7 regarding by 20% for the duration Committee Researcher members’ ability to reference of the economic recovery the document in the House. The period. Deputy Speaker took the matter • Bill 32 – The Protection for under advisement. Subsequently Persons in Care Act, which the document began appearing requires the reporting of abuse of in-patients and residents of in newspapers, on TV and on the hospitals, personal care homes web. Following a further point of and designated health facilities. order regarding this issue raised This Bill extends that reporting on June 10, the Deputy Speaker requirement to patients of ruled that Members could now geriatric day hospitals and emergency rooms. refer to the budget submission in the House and committee • Bill 39 – The Child And Family Manitoba Services Amendment Act because the document had been (Children’s Advocate Reporting), released to the media. Finally, he 4th session of the 39th which creates a requirement on June 16 the Deputy Speaker that the annual report of Legislature recessed for the ruled on Dr. Gerrard’s privilege T the Children’s Advocate to submission, stating that no summer break on June 17, 2009. be referred to the Standing A number of government bills Committee of the Assembly Matter of Privilege existed as the received Royal Assent during this on Legislative Affairs for Member was not prevented from spring session, including: consideration. performing his duties as an MLA. • Bill 24 – The Aboriginal During the June 17, 2010 On June 25th, 2010 the Languages Recognition Act, division on Concurrence and Standing Committee on which recognizes Cree, Dakota, Third Reading of Bill 31 – The Legislative Affairs met to Dene, Inuktitut, Michif, Budget Implementation and Tax consider child welfare in Ojibway and Oji-Cree as the Aboriginal languages spoken Statutes Amendment Act, 2010, Manitoba. Appearing before the and used in Manitoba. procedural issues arose regarding committee to respond to MLAs’

82 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 questions were Bonnie Kocsis, with a recommendation that June 15 Senator Lowell Murray Acting Children’s Advocate, has received a general level of moved that the Committee be Irene Hamilton, Ombudsman acceptance by all members.” instructed to divide the bill into and Carol Bellringer, Auditor five bills so that it could report General. This marked the first Rick Yarish on them separately. After many occasion a Manitoba Standing Clerk Assistant and Clerk statements for and against the Committee met to consider these of Committees motion, it was negatived by a matters. vote of 42 yeas and 51 nays. The House considered two The Committee on National opposition day motions this Finance heard from many spring. On June 3, 2010 Official witnesses and held many Opposition Justice Critic meetings to complete its Kelvin Goertzen moved: study of the bill. It reported That the Legislative Assembly back to the Senate on July 8 of Manitoba urge the Minister with amendments. At its next of Justice to implement a Senate sitting, the Senate negatived the departmental policy to ensure motion to adopt the reported that every breach of a court amendments. Immediately order for a high-risk offender his year the Senate sat until following the vote, the Deputy is reported to police and that July 12 before adjourning the total number of individuals T Leader of the Government moved until September 28. The work of who are in breach of their court that the bill be read a third time. the Standing Senate Committee orders under the supervision of His motion was agreed to and probation services is reported on on National Finance was one of passed, on division, without a quarterly basis. the reasons the Senate extended debate. A written declaration of its sitting days. Thanks to the Following two hours of debate Royal Assent was signed shortly hard work of Senators in both the the House passed this motion on after the bill passed third reading. a vote of yeas 49, nays 0. Chamber and committee, many bills were passed and given Royal Bill S-4, An Act respecting family On June 16, 2010 Heather Assent before the summer recess. homes situated on First Nation Stefanson moved: reserves and matrimonial interests That the Legislative Assembly Government Bills or rights in or to structures and endorse the concept that lands situated on those reserves, was legislation should not be Bill C-9, An Act to implement changed to protect ministerial certain provisions of the budget also the focus of much debate in salaries for failure to adhere to tabled in Parliament on March the Senate. Two standing votes legislative requirements. 4, 2010 and other measures, was were called, one to dispose of The House defeated this closely considered by the Senate amendments proposed at third motion on a vote of yeas 21, nays in the last sitting weeks. It was reading by Senator Mobina Jaffer 29. a highly anticipated bill that and one to pass the third reading of the bill. In December 2009, Chief was much debated, both in the Chamber and in committee. On Electoral Officer Richard Balasko Bills S-2, S-3, S-5 and S-9 announced his intention to retire June 8, the Senate suspended its passed third reading in the Senate in 2010 after 20 years as CEO and session late in the afternoon to and were sent to the House of 30 years with Elections Manitoba. receive Bill C-9, which had just Commons for consideration and On May 20, 2010 the Standing passed in the House of Commons adoption. Bills C-2, C-11, C-13, Committee on Legislative Affairs earlier that day. C-23A, C-24, C-34, C-44 and C-45 agreed to strike a subcommittee The debate at second reading also passed third reading in the consisting of four government began on June 9 with a statement Senate. As these bills originated members, two official opposition by Senator Irving Gerstein, who in the House of Commons, they members and one independent sponsored the bill. On June 10, were added to the list of bills member to manage the process the bill was read a second time, ready to receive Royal Assent. of hiring a new Chief Electoral on division, and referred to the Public Bills Officer. They specified that Standing Senate Committee on the “subcommittee may only National Finance. Given the scope Bill S-215, An Act to amend the report back to the committee and significance of the bill, on Criminal Code (suicide bombings),

CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2010 83 has been introduced in the government responses regarding interventions are still subject to Senate more than once in recent the concerns outlined in the the usual rules governing the years. It was sponsored by Jerry reports. On May 13, Senator propriety of debate. The Speaker Grafstein. When he retired in Gerry St. Germain requested a reminded Senators that their early 2010, Senator Linda Frum government response to the third interventions must relate to took it over and the bill was report of the Aboriginal Peoples matters of “public consequence” adopted by the Senate on May 11. Committee entitled First Nations that cannot be raised through Bill S-211, An Act respecting World Elections: The Choice is Inherently other means. He also stressed that Autism Awareness Day, was also Theirs. The Senate also adopted Senators must respect the usual sent to the House of Commons Senator William Rompkey’s rules governing the propriety of for consideration following motion calling for a government debate, including rule 51, which its amendment at the report response to the second report prohibits “personal, sharp or stage and its passing at third of the Fisheries and Oceans taxing speeches.” reading in the Senate on July 8. Committee entitled Controlling The following day, the Senate Canada’s Arctic Waters: Role of the New and Retiring Senators approved the third reading of Canadian Coast Guard, as well as The Senate paid tribute to Bill S-203, An Act respecting a Senator Maria Chaput’s motion Wilbert Keon, who retired from National Philanthropy Day, as regarding the third report of the the Senate on May 17, 2010, and amended at the report stage. Official Languages Committee Michael Pitfield, who resigned This bill, sponsored by Senator entitled Implementation of Part from the Senate on June 1, 2010. Terry Mercer following Senator VII of the Official Languages Act: To fill these vacancies, two new Grafstein’s retirement, has also We can still do better and Senator Ontario Senators were sworn in. been introduced in the Senate a motion regarding Joan Fraser’s David Braley, President number of times in the last few the ninth report of the Legal and and owner of Orlick Industries years. Constitutional Affairs Committee Limited and owner of two Public Protection, Privacy On June 3, the Senate agreed entitled Canadian Football League teams, and the Search for Balance: A to Bill C-268, An Act to amend the was appointed to the Senate on Statutory Review of the Criminal Code (minimum sentence DNA May 26. The other vacancy was Identification Act. for offences involving trafficking of filled by Salma Ataullahjan on persons under the age of eighteen Speaker’s Rulings July 12. She pursued a career years), on division, placing it on in real estate and has played an the list of bills ready to receive On May 13, Senator Claudette active role in social and political Royal Assent. Tardif rose on a point of order affairs in her community for about comments made earlier many years. Senate Committees in the sitting during Senators’ On May 4, Senator Gerald Statements. The comments Unusual Event Comeau moved that a Special regarded a series of questions put On June 23, at 1:44 p.m., the Committee of the Senate be to the Leader of the Government Speaker of the Senate was forced appointed to consider all matters during Question Period the to invoke rule 18(1) of the Rules relating to anti-terrorism. previous day. Senator Tardif of the Senate and suspend the believed it was unfair to make sitting due to “grave disorder.” Twice, the Senate met as a comments of this type, since the Committee of the Whole: once A strong earthquake interrupted issues discussed during Senators’ the Senate business and the on May 5 to receive the Polish Statements are not subject to Speaker of the Senate, Bogdan Parliament buildings were debate. Senator Comeau, on evacuated. The Senate resumed Borusewicz, and once on June 22 the other hand, said that the to receive Ms. Suzanne Legault the following Monday, June 28, at statement being challenged did 6:00 p.m. regarding her appointment as not anticipate consideration of an Information Commissioner. Order of the Day. Senator Anne Marie-Eve Belzile Following the tabling of Cools mentioned that rule 22(4) Procedural Clerk reports on special studies of the Rules of the Senate envisions undertaken by the Senate a period of time during which committees, several motions Senators can bring matters to the were adopted requesting attention of the Senate, but that

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