sign in sign up
<<
Home , Don Inverarity, Ed Stelmach, Eric Fairclough, Fabian Manning, Ione Christensen, Jean Charest

Legislative Reports

raised several concerns regard- • Bill 204, Traffic Safety (Hand- ing the efficiency and reasoning Held Communication Devices) behind what they termed the new Amendment Act, 2008, to the Standing Committee on “superboard.” Economy. The Private Members’ Public Bills 18, 23, and 24 were re- Bill passed by the Assembly was ferred to the appropriate Policy Bill 206, Alberta Personal Income Field Committee following First (Physical Activity Credit) Reading and Bills 10 and 204 were Alberta Amendment Act, 2008, sponsored referred during Second Reading by Dave Rodney (PC, - consideration. Lougheed). The Bill provides he Fall sitting of the First Ses- non-refundable tax credits for fees The committees reviewed the Tsion of the 27th Legislature ad- paid to eligible organizations and proposed legislation throughout journed on December 3, 2008, after programs which promote physical the Summer and Fall. Three com- 26 sitting days. At the conclusion activity. It received Royal Assent mittees also held public hearings of the sitting, 41 Government Bills on December 2, 2008. on their Bills. The Chairs of the and one Private Members’ Public committees presented reports Bill had been passed by the As- Policy Field Committees to the Assembly on October 22, 2008, recommending that all Bills sembly. In 2007 four Policy Field proceed with the exception of Bill During the Fall sitting the Committees were established by 204. The reports received the con- Assembly also approved supple- temporary Standing Orders. An currence of the Assembly, includ- mentary estimates for 14 depart- additional Policy Field Committee ing the report from the Standing ments totalling $1,016,186,000 and was created following the pas- Committee on Economy regarding $20,441,000 in transfers. sage of another set of temporary Bill 204, a Private Members’ Bill A notable Government Bill Standing Orders in 2008, which proposing to ban the use of hand- passed during the Fall sitting was were made permanent during the held communication devices while Bill 42, Health Governance Transition Fall sitting. driving. In its report, the commit- Act. The Bill provides for the disso- In the Spring five Bills were re- tee recommended that the issue be lution of the Alberta Cancer Board ferred to each of the Assembly’s reviewed by the Departments of and the Alberta Alcohol and Drug five Policy Field Committees: Transportation, Solicitor General Abuse Commission (AADAC), • Bill 10, Security Services and and Public Security, and Justice both of which were established Investigators Act, was referred and that an offence of distracted by legislation. The Bill enables the to the Standing Committee on driving be created either by leg- transfer of the capital assets and Public Safety and Services; islation or regulation. The com- liabilities of these boards and the • Bill 18, Film and Video mittee further recommended that Cancer Foundation to the new au- Classification Act, to the Standing the draft legislation or prospective thority. The Bill was introduced Committee on Community regulation be referred back to it to meet legislative requirements Services; prior to the Spring 2009 sitting of following a ministerial order that • Bill 23, Weed Control Act, to the Assembly. consolidated nine regional health the Standing Committee on Resources and Environment; authorities and three boards, the In November the Standing Alberta Cancer Board, the Mental • Bill 24, Adult Guardianship and Committee on Health held three Trusteeship Act, to the Standing meetings with stakeholder groups Health Board, and AADAC into Committee on Health; one authority. The opposition and representatives from the

40 CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 Ministry of Health and Wellness. regarding children in care. sittings; Under temporary Standing Order On October 27, 2008, Speaker • Revised sitting hours where- provisions that were in place at heard additional by the Assembly now sits Monday through Wednesday the time, Policy Field Committees comments from Mr. Mason con- were given additional powers, one from 1:30 p.m. to 6:00 p.m. cerning the purported question of and Thursday from 1:30 to 4:30 of which was the ability to hold privilege. The Speaker also heard p.m. (The Assembly previously public meetings on any matter from Mr. Stevens who apologized sat Monday through Thursday within a committee’s mandate. to the Assembly. from 1:30 p.m. to 5:30 p.m. The meeting with the Department and Monday, Tuesday and was the result of a motion request- The Speaker indicated the Wednesday evenings from 7:30 p.m. until adjournment). There ing the attendance of the Minister matter was concluded. He then stated that for an allegation of de- is a provision in the Standing of Health and Wellness and the Orders to allow the Assembly Acting Chief Medical Officer of liberately misleading the House to meet in the evenings to con- Health to respond to questions to be ruled as a prima facie case of sider Government Business related to the delivery of public privilege, two criteria were neces- upon passage of a Government Motion; health to Albertans. The other two sary: the statement must have been meetings were held as a response misleading; and it must have been • The continuation of five Policy Field Committees (Standing to stakeholders who had asked to established that the Member in- tended to mislead the Assembly. Committees) in the subject present on certain issues within areas of Community Services, the Committee’s mandate. Standing Orders Economy, Health, Public Safety and Services, and Resources Prior to the adjournment of The Standing Orders of the and Environment; the Fall Sitting, Bill 52, Health Legislative Assembly of Alberta • Modification to the supply Information Amendment Act, 2008 , have undergone significant process whereby department was referred to the Standing review and changes since 2007, estimates would be referred to Committee on Health following Policy Field Committees and the when Premier Ed Stelmach took time for consideration would Second Reading. It is anticipated office. Key changes that were that the Bill will be reinstated increase from 60 to 72 hours. brought forward in 2007 included The Policy Field Committees during the Spring sitting. This an expanded committee system, are expected to meet in the eve- would mark the first time the additional hours for consideration nings for consideration of the Assembly has reinstated a Bill main estimates during the 2008 of estimates, and a significant re- Spring Sitting (from 6:30 p.m. from a previous session since a duction in the number of evening provision to allow this procedure to 9:30 p.m.); sittings. Following the general • A provision whereby com- was added to the Standing Orders election held on March 3, 2008, in 2001. mittees of the Assembly are the Assembly extended most of appointed for the life of a Privilege the 2007 temporary Standing Legislature. Orders until the conclusion of the Prior to the conclusion of the On October 23, 2008, Brian 2008 Fall Sitting and referred the Fall Sitting, the Assembly adopted Mason (ND, - Standing Orders to the Standing a resolution outlining permanent Highlands-Norwood) raised Committee on Privileges and changes to the Standing Orders a purported question of privi- Elections, Standing Orders and which reflected the Committee’s lege regarding a confidential- Printing. During the 2008 Fall recommendations. The amend- ity agreement referred to by Sitting, the committee presented ments took effect on December 4, , Deputy Premier, its report, which included the fol- 2008. in response to a question asked lowing key recommendations: by Mr. Mason during Oral • The adoption of a sessional cal- Other matters Question Period on October 23, endar with a Spring Sitting to (Lib, Calgary- 2008. Mr. Mason alleged that the commence the second Tuesday Mountain View) was chosen as the Deputy Premier had misled the in February and concluding no Assembly when he claimed that later than the first Thursday new Leader of the Alberta Liberal the New Democrat caucus was in June, and a Fall Sitting to Party and Leader of the Official commence the last Monday in provided with an oath of confi- Opposition at the Liberal leader- October and conclude the first ship convention on December 15, dentiality to sign had they wished Thursday in December; to view confidential documents 2008. He replaced (Lib, • The elimination of evening Edmonton-Riverview) who had

CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 41 served as Leader since March 27, defer payment of their 2009 prop- 2004. erty . Dr. Swann was elected to his During second reading debate second term as a Member of the on Bill 45, Opposition finance Legislative Assembly for the con- critic claimed that stituency of Calgary-Mountain both the economic plan and the View on March 3, 2008. He is the enabling legislation lacked sub- critic for health and wellness and stance, stating that additional pro- executive council. Prior to being vincial investments in housing, elected to the Legislature, he prac- public transit, and forestry were tised as a family physician from also needed. Opposition mem- 1975 to 1984 and then worked as bers were also concerned about a public health consultant from n September 10, 2008, Gov- the proposed changes to the prop- 1988 to 2004. Oernment House Leader erty assessment system, including On October 23, 2008, the Mike de Jong publicly announced their effect on local governments. Assembly approved a motion to that there would be no fall sitting, However, they ultimately voted in concur in the report of the Select as the government had no urgent favour of the bill, which received Special Ethics Commissioner new legislation to present. How- royal assent on November 27, Search Committee to appointNeil ever, in response to the global eco- 2008. nomic downturn, the Legislative Wilkinson as the provincial Ethics Special Sitting Commissioner. Mr. Wilkinson is Assembly has been called back the former Chair of the Board of twice — the first time for an abbre- On Saturday, January 17, 2009, the Directors for Capital Health. viated fall sitting, and on the sec- House reconvened for a special sit- ond occasion for a special week- ting to consider Bill 47, On November 4, 2008, the end sitting. Charter Amendment Act, 2009. The Assembly passed a motion Fall Sitting Bill was drafted in response to an to concur with the reappoint- urgent request from the Mayor of ment of G. B. (Gord) Button as The short fall sitting commenced Vancouver for a legislative amend- Ombudsman for a five-year term on November 20, 2008, seven ment to permit the city to borrow as recommended in the October weeks later than anticipated in money in order to complete the 2008 report of the Select Standing the parliamentary calendar and Athletes’ Village project for the Committee on Legislative Offices. with one week remaining before 2010 Olympics, after its lenders Speaker Kowalski hosted a the scheduled adjournment. The asked the city to guarantee loan Remembrance Day service in government’s main purpose repayments for the development. the rotunda of the Legislature for reconvening the Legislative Following first reading, Mr. Building on November 5, 2008. Assembly for five sitting days was De Jong proposed that, pursuant Premier Stelmach, Mr. Taft, and to seek passage of Bill 45, Economic to Standing Order 81 (Urgency Mr. Mason participated in the ser- Incentive and Stabilization Statutes cases), Bill 47 be permitted to ad- vice. Amendment Act, 2008 and Bill 46, vance through two or more stages Vancouver Foundation Amendment in one day due to its urgency. Spring Sitting Act, 2008. However, , speak- The Spring sitting of the Second Bill 45 contained some com- ing on behalf of the Opposition Session began on February 10 ponents of the government’s House Leader, argued that the with the Speech from the Throne ten-point economic plan, which bill required the full scrutiny of by Norman L. Kwong. Premier had debate on different days prior to presented in a televised address being passed. After considering to the province on October 22. For the submissions of the two House Micheline S. Gravel example, the bill proposed amend- Leaders, the Speaker ruled that Clerk of Journals/Table Research ments to the Income Tax Act to ac- Standing Order 81 be applied celerate personal and small busi- in the case of Bill 47, due to its ness income tax reductions, and narrow scope and the urgency of changes to the Land Tax Deferment the occasion. Following more than Act to allow some homeowners to 18 hours of debate, the legislative

42 CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 amendment was passed unani- appointment in the Legislative will be led by . mously the morning of Sunday, Assembly. On January 20, , January 18. Changes in the Legislature Minister of Agriculture and Parliamentary Committees Lands, passed away suddenly. Since B.C.’s last legislative report Mr. Hagen represented the Comox The Select Standing Committee (Summer 2008), there have been Valley for thirteen years, during on Finance and Government several changes in the composition which time he held ten different Services released a report on its of the House, due to by-elections, portfolios under the Social Credit annual budget consultations on a cabinet shuffle and the sudden and Liberal governments. Since November 15, 2008. The report death of a minister. The current his passing, many public tributes summarizes the public input on party standings in the Legislative have recognized Mr. Hagen’s long the 2009 budget expressed at Assembly are B.C. Liberal Party contribution to public service, as seventeen public hearings, and 42, NDP 34 and 3 vacancies. well as his kind and generous per- in written submissions, on-line Two Vancouver by-elections sonal nature. survey responses and household were held on October 29, 2008, flyers. In total, more than 2,900 Subsequently, on January 30, following the resignations of Nanaimo-Parksville MLA Ron British Columbians participated NDP MLA Gregor Robertson and in the process. Cantelon was appointed as the Liberal MLA Lorne Mayencourt. new Minister of Agriculture and The report contains 68 recom- The newly elected MLAs are Lands. mendations to government on tax Spencer Herbert (NDP) for policy, program spending, and Vancouver-Burrard and Jenn Erin Bett capital spending, including: new McGinn (NDP) for Vancouver- tax credits for the digital media and Fairview. Committee Researcher mining industries, home-based An additional two MLAs also caregivers and for charitable do- recently resigned their seats, in nations; further investments in ag- order to pursue new opportunities. riculture and aquaculture, mental It was announced on December 18, health and addictions services, 2008 that , Liberal- and the provincial parks system; MLA for Vancouver-Langara, had and working with partners in the been invited to chair the federal development of rail infrastruc- government’s economic advisory ture and commuter rail service council. , Liberal- on Vancouver Island. However, MLA for Peace River North and in light of the uncertain econom- former Minister of Energy, Mines ic environment, the Committee and Petroleum Resources, was ap- n November 5, 2008, Premier acknowledged the need for the pointed to the Senate on December OJean Charest asked the Lieu- government to proceed prudently 22, 2008. By-elections will not be tenant-Governor, Pierre Duch- th with respect to new and expanded held for either electoral district, esne, to end the 38 Legislature spending proposals. as a general provincial election is that had begun on April 5, 2007. The Special Committee to scheduled for May 12, 2009, meet- Upon its dissolution, the Assem- Appoint a Police Complaint ing the requirement to fill seat va- bly was composed of 48 Members Commissioner, which was ap- cancies within six months. of the Québec Liberal Party, 39 Members of the Action démocra- pointed in May 2008, released On January 19, 2009, the its report on December 17, 2008. tique du Québec, and 36 Members Premier announced a minor cabi- of the Parti Québécois, 2 seats be- The Committee unanimously net shuffle. was recommended Stan T. Lowe, the ing vacant at that time. The gener- appointed Minister of Energy, al election was held on December Communications Counsel for the Mines and Petroleum Resources, Criminal Justice Branch since 2005. 8, 2008. As had been done in the and was ap- general election of 2007, the lead- Mr. Lowe is expected to begin his pointed Minister of Community six-year, non-renewable term as ers’ debate was held within the Development. Another change is Parliament Building, at the Le Par- Police Complaint Commissioner the creation of a new Ministry of in February 2009, following the lementaire restaurant. Small Business, Technology and Following the vote, the formal recommendation of his Economic Development, which

CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 43 Québec Liberal Party was re- since the general election of 1981. presenting a special programme turned to power with the elec- During his career, he held several schedule. This programme sched- tion of 66 Members, including parliamentary and ministerial ule featured the first period of the Premier and Member for functions. Routine Proceedings broadcast in , Mr. Charest. The In addition to the election of the 1978, as well as all of the first oral Parti Québécois won 51 seats and President and the establishment question periods of each of the forms the Official Opposition, led of the standing committee, the sit- subsequent legislatures. Reflecting by , the Member tings held in January 2009 enabled the major political issues of the for Charlevoix. Lastly, eight other Members to pass Bill 1, An Act to past 30 years and the exchanges Members were elected, seven of amend the Supplemental Pension between political figures who whom are from the Action dé- Plans Act and other legislative provi- were the instigators thereof, each mocratique du Québec and a first sions in order to reduce the effects of excerpt was put into context by Member elected under the banner the financial crisis on plans covered National Assembly librarian and of Québec Solidaire. by the Act, a bill which was given historian Martin Pelletier. On December 18, 2008, Premier royal assent on January 15, 2009. The Member for Dubuc from Charest introduced a Cabinet 1976 to 1989, Hubert Desbiens, composed of 26 members, half Parliamentary Simulations passed away in Chicoutimi on 1 of whom are women. For her As is the case each year during the January 2009. part, Mrs. Marois announced the holiday period, two parliamen- Official Opposition Members’ re- tary simulations were held at the Marie- Lapointe sponsibilities on January 9, 2009. Parliament Building. The 59th leg- Secretariat of the Assembly Mario Dumont, Leader of the islature of the Youth Parliament, Action démocratique du Québec, brought together young people had done the same on December from 18 to 25 years of age to ex- 19. press their opinions and defend Standing Committees their points of view. It was held Extraordinary Sittings and the The dissolution of the 38th from December 26 to 30. It was Election of the New President of Legislature, last November 5, followed by the 26th edition of the the Assembly ended some forty mandates that Student Parliament. had been given to the standing At the request of Premier Charest, Furthermore, from January committees or that they had un- the National Assembly held ex- 6-10, 2009, more than 140 col- dertaken on their own initiative. traordinary sittings on January lege-level students hailing from The committees were very busy 13-15, 2009. , the 28 cegeps and colleges throughout during the weeks prior to this dis- Member for Brome-Missisquoi, the province of Québec gathered solution, however, particularly presided over the election of the at the Québec Parliament for the as regards the holding of public new President. th 17 edition of the Student Forum. hearings at the Assembly but also Upon the expiration of the dead- This parliamentary simulation en- outside of the Parliament. line for the nomination of candi- ables participants to examine bills After having held three days of dacies, the official list contained a dealing with issues that concern public hearings in Montréal, the single name, Yvon Vallières, the them, and this year the focus was Committee on Social Affairs con- Québec Liberal Party Member for on the nationalization of wind tinued its regional tour on home- Richmond. Mr. Vallières was thus energy, the restructuring of the lessness by visiting the cities of unanimously elected by his peers education system, and finding Trois-Rivières and . Six and became the 44th President of ways to strike a balance between days of hearings were subsequent- the Québec National Assembly. studying and working at the high ly held in Québec City in October school and college levels. Mr. Vallières holds a diploma and November. At the time of the in teaching and in the psychol- Other Matters dissolution of the Assembly, the ogy of human relations. He was Committee had received close to From December 21, 2008 to January a Member of the Québec Liberal 150 briefs, heard approximately 4, 2009, the National Assembly Party in the electoral division of one hundred individuals and Channel marked the 30th anniver- Richmond for a first term of office groups and obtained some twenty sary of the direct broadcasting of from 1973 to 1976, and has been answers to the questionnaire that parliamentary proceedings by re-elected without interruption it had made available on line on

44 CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 the Internet site of the Assembly. the Environment examined the ac- However, the Committee was tivities, orientations and manage- unable to conclude its hearings ment of the Société de l’assurance and table its report owing to the automobile du Québec. It should dissolution of the Assembly. be mentioned that, in pursuance The Committee on Labour and of Standing Order 294, each com- the Economy held special consul- mittee is responsible for the yearly tations in September, October and examination of at least one agency November 2008 on the discussion under its authority. However, the paper entitled Forest land occupan- Committee was unable to com- cy and the constitution of forest con- plete its mandate owing to the dis- servation authorities presented by solution of the Assembly. the Minister of Natural Resources In October 29-30, the Committee he Third Session of the 56th and Wildlife. This paper states on Public Administration held TLegislative Assembly of New the measures that are likely to be public hearings concerning the spe- Brunswick, which opened on No- implemented within the frame- cial report by the Auditor General on vember 25, 2008, adjourned on work of a new forest management the use of public funds by the former December 19, 2008, after sitting plan. The Committee held eleven Lieutenant-Governor of Québec. a total of 16 days. The agenda of sittings during which it heard 66 On this occasion, the Committee the House for the Fall sitting was persons and organizations. It also heard, in that order, the Auditor devoted to debating the Throne received close to seventy briefs. General of Québec, Renaud Speech, capital budget, and vari- Last October, the Committee on Lachance, the Secretary General ous pieces of legislation and pri- Institutions held special consulta- of the Executive Council, Gérard vate members’ resolutions. tions on Bill 99, An Act to amend the Bibeau, the former Lieutenant- On December 9, 2008, the Code of Civil Procedure to prevent Governor of Québec, , Minister of Finance, Victor abusive use of the courts and promote as well as the current Lieutenant- Boudreau, introduced the 2009- freedom of expression and citizen par- Governor, . It 2010 Capital Budget, which totals ticipation in public debate. This bill should be noted that the hearing, $661.4 million. The budget repre- followed up on the general consul- by a parliamentary committee, of sents the first part of a two-year tation that had been held in winter a former Lieutenant-Governor or capital investment plan that will 2008 on the reform of the Code of of a Lieutenant-Governor in office exceed $1.2 billion. The focus of Civil Procedure and strategic law- constitutes a first in Canada. the capital budget is the $378.8 mil- suits against public participation. Further information regarding lion investment in transportation- However, the Committee was the standing committee proceed- related infrastructure. The budget unable to give clause-by-clause ings is available on the Québec also includes an investment of consideration to this bill owing to National Assembly Internet site at over $100 million in construction the dissolution of the legislature. www.assnat.qc.ca. and improvements across the community college network over On October29, 2008, the the next two years. Other capital Christina Turcot Committee on Institutions tabled investments for 2009-2010 include Secretariat of committees its report within the framework $67.1 million for the health care of the mandate on the nature Translation: Sylvia Ford Secretariat of the Assembly system; $49.5 million for K-12 and context of the signing of the schools; $30 million for universi- contract granted to Attractions ties; $21.3 million to modernize hippiques by the Government corrections facilities; $18.7 million of Québec. In this report, which for the restora- contains three recommendations, tion project; $7 million to upgrade the Committee focussed on the the provincial fleet of vehicles; main elements of the privatization $4 million for tourism infrastruc- process and the difficulties that ture; and $2.8 million for the on- Québec’s horse racing industry is going upgrades to the Legislative currently experiencing. Assembly Building. Last October 15-16, the The government, under Committee on Transportation and

CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 45 Premier , intro- which the claim is based oc- increasing the non-refundable duced twenty-five bills during the curred. The bill was referred basic personal amount to $12,000 course of the Fall sitting. Among to the Standing Committee for taxable income below $35,000; on Law Amendments, which the noteworthy pieces of legisla- is scheduled to hold public implementing a non-refundable tion introduced in the House were hearings in February. child tax credit of up to $400 per the following: child; implementing a universal The Official Opposition, led by child care benefit of $600 annu- • Bill 6, Modernization of Opposition Leader , Benefits and Obligations Act, ally per child under the age of six; introduced three bills for the con- introduced by the Minister lowering the general corporate sideration of the House. Among of Justice and Consumer income tax rate to 5%; increasing Affairs,Thomas J. Burke, en- those were Bill 17, An Act to Amend the Harmonized Sales Tax rate titles same-sex common-law the Harmonized Sales Tax Act, in- and introducing an HST rebate partners to the same benefits troduced by Mr. Alward, which and to be under the same program for low income earn- provides for a tax credit on the obligations as opposite-sex ers; and implementing a three- purchase of home heating fuels; common-law partners. The year average assessment value on bill also incorporates gender- and Bill 18, An Act to Amend the property. The Committee also rec- neutral terminology in refer- Taxpayer Protection Act, introduced ommended against implementing ence to persons in common- by , which requires law partnerships and marital a until further study is that the wording of any referen- relationships. undertaken. dum question to implement a new • Bill 10, An Act to Amend the Since the adjournment of the Political Process Financing Act, tax, must first be approved by the introduced by the Minister Legislative Assembly before the House on December 19, two of Health and Government question is submitted to voters. Standing Committees have main- House Leader, Michael tained active schedules. The Murphy, limits how much Question Period Standing Committee on Public third-parties can spend on Accounts, chaired by John Betts, advertising during election This was the first session that the campaigns and requires all Legislative Assembly has been able and the Standing Committee on third-party election adver- to make Question Period available Crown Corporations, chaired by tisers who spend more than on line, on a same-day or next-day , have been busy re- $500 during an election to basis, as audio and video-on-de- viewing the annual reports and register with the supervisor public accounts of various gov- of political financing. mand webcasts. Question Period audio is now available simulta- ernment departments, agencies, • Bill 21, An Act to Amend the and Crown corporations. Assessment Act, introduced neously in the original language, by the Minister of Business English interpreted, and French Appointment to Senate New Brunswick, Greg interpreted feeds, similar to the Byrne, improves the proper- live proceedings and other special On January 2, 2009, ty assessment appeal process events, such as the Throne and was appointed to the Senate by to make it more transparent Prime Minister . and fair, which includes pro- Budget speeches. In addition, the visions for public disclosure Question Period video is search- At the time of his appointment, of real estate sale prices; a able in either official language, by Mr. Mockler was serving as the shared burden of proof; and session, name of speaker, or key MLA for Restigouche-la-Vallée. an extended time to appeal. topics. A Progressive Conservative • Bill 28, Limitation of Actions Member, he was first elected in Act, introduced by the Committee Work 1982. He was re-elected in 1993 Minister of Justice and (by-election) and 1995. Following Consumer Affairs, modern- On December 12, 2008, the Select izes the time limits within Committee on Tax Review, his re-election in 1999 he was which civil proceedings chaired by Roly MacIntyre, tabled sworn in as Solicitor General and must be commenced, and its Final Report. The Committee Minister of Human Resources provides a defense if a claim had under consideration several Development and Housing. He is brought too late. The bill was named Minister of Family provides for a discovery options to restructure the prov- period of two years begin- ince’s tax system. In the report and Community Services in ning on the day the claim is the Committee recommended that 2000 and became Minister of discovered; and an ultimate government consider implement- Transportation in 2001. Re-elected period of fifteen years begin- in 2003, he served as Minister ning on the day the act on ing a flat provincial tax rate of 10%;

46 CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 of Intergovernmental and previous session, and four Private Amendment Act, 2008, had the International Relations, Minister Members’ Public Bills. The Sas- honour of being the first bill to be responsible for the Francophonie, katchewan Legislature will com- reinstated from a previous ses- 2004 Celebrations, Service New mence its spring session on March sion. According to the new rules Brunswick, and Culture and 2, 2009. adopted in 2007, a bill introduced Sport. In 2006, he was sworn in as Legislation in one session may be reinstated Minister of Wellness, Culture and by the government in the first five Sport; Minister responsible for Of all the newly proposed legisla- days of the next sitting. Bill No. the Immigration and Repatriation tion, a few bills are of particular 9 was brought back at the exact Secretariat; and Minister respon- interest. Bill No. 60 – The Senate stage it was left on the Orders of the sible for La Francophonie. Re- Nominee Election Act, has particu- Day, and the time spent in debate elected in September of 2006, he lar relevance to the current federal was carried forward as well. was opposition critic for areas of scene, but it was introduced by the government (then in opposition) The Legislature interest related to the Regional passed two pieces of Private Development Corporation, in- as far back as 2006. It proposes to elect nominees for any vacant Members’ legislation that ac- tergovernmental affairs and the knowledge the work of the prov- Population Growth Secretariat. Senate positions Saskatchewan may have in the future. The op- ince’s armed service personnel. A by-election will be held in The Air, Army, Sea position, which favours the abo- Bill No. 601 – Restigouche-la-Vallée on March 9, and Navy League Cadets Recognition lition of the Upper Chamber, has 2009. Day Act, and Bill No. 602 – The already begun to voice its objec- National Peacekeepers Recognition House Standings tions to this prospect and more of Day Act, each establish a day for the same is expected in the spring The Legislature is scheduled to the province to officially com- session. resume sitting on March 17, 2009, memorate the contribution and at which time the Minister of Still on the theme of elec- sacrifice made by Saskatchewan’s Finance is expected to deliver the tions, Bill No. 59 – The Election cadets and peacekeepers. Both budget speech. The current stand- Amendment Act, 2008, aims to re- bills were passed through all ings in the House are 32 Liberals, strict advertising by government stages in one day, by leave of the 22 Progressive Conservatives, and ministries and agencies in the Assembly. one vacancy. period prior to an election. A law implementing fixed election dates Committee Meetings Shayne Davies was passed in April of 2008, and Over the intersessional period, Clerk Assistant & Committee Clerk this new bill seeks to eliminate Saskatchewan’s standing com- any possible or perceived advan- mittees have been busy continu- tage of the government to increase ing their work. The Crown and its advertising prior to the issu- Central Agencies committee ance of a writ. met on January 19, 2009, to dis- In an attempt to define the cuss the recommendations of work of a professional artist, pro- the Provincial Auditor to mul- tect intellectual property and en- tiple provincial Crown corpora- force written contracts between tions. Representatives of both the artists and engagers, the govern- Auditor’s office and the Crowns Saskatchewan ment introduced Bill No. 68 – The were on hand to respond to ques- Arts Professions Act. A similar bill tions by the committee members. proposed by the previous govern- The following day saw a meeting he recent fall legislative ses- ment in 2006 -2007 was the subject of the Public Accounts committee, sion came to an end on De- T of two weeks of public hearings which received a very interest- cember 4, 2008. The focus of the and a substantive report before ing presentation on parliamen- 25-day period was the introduc- dying on the Order Paper, so it tary oversight by the Canadian tion of legislation and the passage will be interesting to see the path Comprehensive Auditing of Supplementary Estimates. Up this new legislation takes. Foundation (CCAF-FCVI). for debate this fall were nearly 40 Following the presentation, new pieces of government legisla- Bill No. 9 – The Superannuation the committee reviewed tion, one bill reinstated from the (Supplementary Provisions)

CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 47 and adopted the Provincial Michael Meighen and Andrée Auditor’s Business and Champagne during the First Financial Plan for 2009-2010. Session, and to new Senators Suzanne Fortin-Duplessis and Leadership Race Irving Gerstein respectively Saskatchewan New Democratic during the Second Session. Both Party leader Lorne Calvert an- new senators made their maiden nounced his retirement in the speeches in the Senate on this oc- fall, and the contest to replace casion. him is beginning to take shape. Former Senators and new The first to toss his cap in the Senators ring was former cabinet Minister Senate and deputy Premier, Dwayne Tribute was paid to former Senator Lingenfelter. Out of the political he Senate Chamber was the and businessman Joseph Landry arena since 2000, Mr. Lingenfelter Tscene of the Opening of both from New Brunswick, who passed previously served in the govern- the First and Second Sessions of away on July 25, 2008. He was ap- ment of Roy Romanow. Joining the 40th Parliament over the span pointed to the Senate in 1996 by Mr. Lingenfelter in the race is rel- of just over two months. The first Prime Minister Jean Chrétien and ative newcomer, Yens Pedersen, Opening took place on November retired in 1997 at age 75. a Regina lawyer and former 18, 2008, followed by just 3 weeks On October 22, 2008 Senator president of the provincial NDP. of sittings before it was prorogued Marilyn Trenholme Counsell Several elected members of the on December 3, 2008. The Opening retired from the Senate. Senator party are also rumoured to be of the Second Session of the Forti- Trenholme Counsell was a former considering challenging the lead- eth Parliament took place on Janu- New Brunswick lieutenant gover- ership. Former cabinet Minister ary 26, 2009. nor who took a special interest in Andrew Thomson has officially According to custom, the literacy and early childhood devel- declined to enter the race, as has Speech from the Throne was given opment. She was appointed to the Nettie Wiebe, who ran for the at each Opening by the Governor Senate in 2003 by Prime Minister leadership in 2001 and was head General, Michaëlle Jean, and the Chrétien. Senator Leonard of the National Farmers Union. pro forma Bill S-1, An Act relating Gustafson retired on November Honour from to railways, was introduced in the 11, 2008. Senator Gustafson was a Senate. Bill S-1 enables senators to wheat farmer from Saskatchewan For his efforts to maintain and deal with Senate matters before who worked on issues of concern strengthen Saskatchewan’s rela- addressing the issues raised by the to the agricultural sector. He was tionship with Ukraine, Deputy government in the Speech from the Chair of the Senate Committee Premier Ken Krawetz was recent- the Throne. Thus far, Bill S-1 has on Agriculture and Forestry from ly awarded Ukraine’s highest trib- always consisted of a simple title 1996 to 2002, and Deputy Chair of ute for non-citizens. The Order of page and nothing more. For the the same from then until his re- King Yaroslav the Wise was also first time ever, on November 18, tirement. He was appointed to the presented to three other notable 2008, Bill S-1 contained some text Senate in 1993 by Prime Minister , including Alberta explaining the purpose of the bill. . Premier, Ed Stelmach. In 2007, Mr. The most significant part states Prime Minister Stephen Harper Krawetz sponsored The Ukrainian the following: “This bill asserts appointed 18 senators to the Red Famine and Genocide (Holodomor) the right of the Senate to give pre- Chamber between January 2 and Memorial Day Act. This legislation cedence to matters not addressed 14, 2009. This is the largest group officially recognizes and honours in the Speech from the Throne.” of senators appointed to the Senate the 75th anniversary of the famine After the Speech from the and establishes an annual day to since Confederation. All 18 sena- Throne, it is customary for the pay tribute to those who lost their tors will sit as Conservatives. In a government to choose two sena- lives. statement released on December tors to move and second a motion 22, 2008, the Prime Minister as- for an Address in Reply to the sured Canadians that all of the Joelle M. Perras Speech from the Throne. This new senators support his drive for Committee Researcher honour was given to Senators Senate Reform, notably his plan

48 CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 to restrict Senate terms to 8 years. and most recently served as MNA for Limoilou. Senator has stated Principal Secretary and Deputy Saskatchewan in the media that she plans to step- Chief of Staff to Nova Scotia is an award- down and run for election to the Premier Rodney MacDonald. Pamela Wallin winning journalist who co-hosted Senate as soon as her province of Michael L. MacDonald is a busi- Canada AM. She is the Chancellor Saskatchewan has an election for nessman who is Vice-President of of the , its Senate seats. the Conservative Party of Canada Senior Advisor on Canada-US and a Nova Scotia representative The names of the new senators relations at the Americas Society on the Party’s national executive. and the Provinces or Territories and the Council of the Americas, they each represent are: and served on the Independent British Columbia has been involved Panel on Canada’s Future Role in Nancy Greene Raine is a in a number of charitable organiza- Afghanistan. former alpine skier who has the tions such as St. Michael’s Hospital Foundation and the National Canadian record in World Cup was a long- Ballet of Canada, and is a National Hector Daniel Lang victories, including the Olympics. time MLA in the Yukon Legislative Post columnist. Irving Gerstein is is of Korean and Assembly. He is currently the a businessman and former Chair Canadian descent, and has spent Vice Chairman of the Board of of the Conservative Fund Canada, her life building bridges between Governors for Yukon College. different cultural communi- and a long-time Director of the All new senators were intro- ties in BC. Richard Neufeld has Mount Sinai Hospital. duced in the Senate on January been involved in public life for 26, 2009, the day of the Opening many years, most recently as B.C. Michael Duffy is best known of the Second Session of the 40th Minister of Energy Mines and for his role as host of CTV’s daily Parliament. Petroleum Resources. program on politics, Newfoundland & Labrador Live, and has honourary degrees Katie Castleton from three universities, including has represent- Procedural Clerk ed the people of Newfoundland the University of PEI. Journals Office and Labrador at all 3 levels of Québec government. While he was an MP, (Repentigny) he served as Chair of the Standing was the National Chief of the Committee on Fisheries and Congress of Aboriginal Peoples Oceans as well as the Conservative since 2006, helping to promote Government’s Atlantic caucus. social and economic equity for off- New Brunswick reserve and non-status Indians. Percy Mockler was a long- He is a member of the Algonquin Yukon time MLA in New Brunswick, Nation. Suzanne Fortin-Duplessis with titles including Minister (Rougemont) was the MP for the n December 15, the 2008 Fall of Wellness, Culture and Sport, riding of Louis-Hébert from 1984 OSitting of the First Session Solicitor General, and Minister of to 1993 and is a former member of the 32nd Legislative Assembly Human Resources, Development of the board of the Alzheimer adjourned. The 28-day sitting had and Housing. John D. Wallace Society and the Fondation de convened on October 23rd. The Sit- was a distinguished lawyer in St. l’Opéra de Québec. ting concluded with Assent being John who after retirement became (Wellington) is a businessman given in the Chamber by the Com- involved in community affairs. who co-founded the missioner of Yukon, Geraldine Hellenic Chamber of Commerce Nova Scotia Van Bibber (to Bill Nos. 12, 54, 55, and is currently a Director of 56, and 60). Fred Dickson is one of Via Rail Canada. Michel Rivard Assent Canada’s top legal experts on off- (The Laurentides) had a long shore resource development and career in public administration, In the Fall Sitting, a total of 11 bills a well-respected lawyer. Stephen was President of the Executive (all Government bills) were grant- Greene was a senior aide in the Committee of the Communauté ed Assent by Commissioner Van Reform Party from 1993 to 1996, Urbaine de Québec and was an Bibber. They were:

CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 49 • Bill No. 12, Second Party), Don Inverarity (Porter Edzerza had been elected to the Appropriation Act, 2008-09 Creek South, Liberal) and Steve Legislative Assembly in 2002 as a • Bill No. 54, Electoral District Cardiff (Mount Lorne, NDP). member of the and Boundaries Act On December 15, 2008, Speaker served as Minister of Education, • Bill No. 55, Act to Amend the Staffen tabled the Interim Report of Minister of Justice and Minister Social Assistance Act the Select Committee on Whistle- responsible for the Public Service • Bill No. 56, Act to Amend the blower Protection. The other mem- Commission between 2002 and Territorial Lands (Yukon) Act bers of the Committee, of which 2006. Before the 2006 general elec- • Bill No. 57, Act to Amend the Speaker Staffen is Chair, areSteve tion, Mr. Edzerza resigned from Miners Lien Act Nordick (Klondike, Yukon Party), Cabinet to become an Independent • Bill No. 58, Act to Amend the Mr. Cardiff, Jim Kenyon (Porter member. In the 2006 general elec- Quartz Mining Act Creek North, Yukon Party), and tion, Mr. Edzerza campaigned • Bill No. 59, Forest Resources Eric Fairclough (Mayo-Tatchun, and was elected under the NDP Act Liberal). The Committee is tasked banner. • Bill No. 60, Act to Amend the with reviewing and reporting to On February 5, 2009, Todd Judicature Act the Assembly its findings and Hardy, Leader of the Third Party, • Bill No. 61, Act to Amend the recommendations concerning the publicly announced his intention Municipal Act central issues that should be ad- to step down as Leader of the • Bill No. 62, Act to Amend the dressed in whistle-blower protec- NDP. Mr. Hardy, who says he Animal Protection Act tion legislation. will retain his Centre • Bill No. 63, Act to Amend the seat, expects a successor will be Seniors Income Supplement Act Transitions named as NDP Leader this year in Bill No. 54, Electoral District On December 22, 2008, Hector Fall. Mr. Hardy was first elected Boundaries Act, puts into effect Daniel (Dan) Lang was named to Yukon’s Legislative Assembly the recommendations of the Final to represent Yukon in the Senate in 1996. After losing his seat in Report of the Electoral District of Canada. On January 26th this the 2000 election, Mr. Hardy was Boundaries Commission, which year, Mr. Lang was officially re-elected in 2002, and again in had been tabled by Speaker Ted sworn in as senator. Mr. Lang had 2006. In 2002, Mr. Hardy won the Staffen in the 2008 Spring Sitting. been a member of the Legislative NDP leadership. Mr. Hardy, who The Act provides for the addition Assembly from 1974-1992, and is fighting leukemia, indicates he of another seat within the city of had held various cabinet portfoli- will be focusing his efforts on re- Whitehorse. This will increase os during his career as an MLA. In gaining his health. Mr. Hardy and to nineteen the total number of the present Legislative Assembly, Mr. Cardiff comprise the NDP MLAs forming the next Legislative Senator Lang’s brother, Archie Caucus. Assembly. Lang (Porter Creek Centre, Yukon In Remembrance Committee Reports Party), is Minister of Highways and Public Works, and Minister On December 15, 2008, Premier As predicted in the Winter edi- of Community Services. Mr. Lang (Watson Lake, tion of the Canadian Parliamentary is Yukon’s third senator. Yukon’s Yukon Party) paid tribute in the th Review, on November 20 , the first senator, , served House on behalf of all Members Select Committee on Human from 1975 until his death in 1999. and Yukoners to former Yukon Rights tabled its Report, bringing served from MP , who had to a conclusion the Committee’s 1999 until her retirement in 2006. passed away on September 4th. work. Earlier in the Fall, the On January 26, 2009, John Mr. Nielsen had represented Committee had held hearings Edzerza (McIntyre-Takhini) re- Yukon in the House of Commons throughout the territory, and ac- signed from the NDP Caucus to for 30 years, and from 1984- cepted written submissions, in become an Independent member. 1986 served as Canada’s Deputy its review of Yukon’s 21 year old In light of Mr. Edzerza’s an- Prime Minister. In recognition Human Rights Act. The members nouncement, party standings in of Mr. Nielsen’s contribution to of the all-Party committee – whose the Yukon Legislative Assembly the territory and to the coun- terms of reference provided for are as follows: Yukon Party, try, the Premier announced that decisions to be taken with unani- 10; Liberal Party, 5; NDP, 2; Whitehorse International Airport mous consent – were Marian Independent, 1. Initially, Mr. was being renamed Erik Nielsen Horne (Pelly-Nisutlin, Yukon

50 CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 Whitehorse International Airport. related public hearing held by the December. Former Hansard Contractor, Committee. Both reports will be Premier Robert Ghiz an- Dave Robertson passed away tabled in the 2009 Spring Sitting. nounced changes to his cabi- on December 18th, 2008, follow- net on January 13, 2009. Allan ing a long battle with cancer. On Linda Kolody Campbell, formerly Minister of December 15th, Speaker Staffen Deputy Clerk Fisheries, Aquaculture and Rural delivered a tribute on behalf Development will now head up of the House, recognizing Mr. the Department of Innovation Robertson for his long service in and Advanced Learning. the production of Hansard for the Richard Brown has moved to Yukon Legislative Assembly. The the Department of Environment, Speaker noted that the 2008 Fall Energy and Forestry from the Sitting was the first Sitting in more Department of Innovation and than thirty years in which Mr. Advanced Learning. Neil LeClair, Robertson had not been involved the former Minister of Agriculture, in the production of Hansard. Mr. Prince Edward Island will now serve as the Minister of Robertson had first taken on the Fisheries, Aquaculture and Rural contract to print Hansard in the he Second Session of the Six- Development. George Webster 1970s. The Speaker noted while Tty-third General Assembly takes the agriculture portfo- Mr. Robertson had retired from adjourned to the call of the Speak- lio as Minister of Agriculture; the editing process ten years ago, er on December 3, 2008, after 13 prior to this, he was the Minister that he had continued to provide sitting days. It was announced on of Environment, Energy and technical support to Hansard, and January 30, 2009, that the House Forestry. remained a familiar presence, will re-convene on April 2, with a Committee Activity coming in daily to see that every- continuation of the Second Session thing got off to a smooth start. which opened last April. The an- The Standing Committee on Social nouncement marks the first time Development has maintained an Report of the Auditor General that a parliamentary calendar has active agenda in recent months. On January 30, 2009, the Auditor been invoked to decide the open- The committee was mandated General of Canada, Sheila Fraser, ing day of the spring sitting. In by the Legislative Assembly to was in Whitehorse to release 2008, the Assembly adopted a rec- review the safe use of cell phones a report entitled Public Schools ommendation that the spring sit- in vehicles and was asked by the and Advanced Education: Yukon ting of the Legislative Assembly Department of Health to review Department of Education. That is to start during the first week of proposed amendments to the morning, Ms. Fraser provided a April each year. Smoke-free Places Act. For both briefing on the report to MLAs in In December 2008, the issues, the committee sought public the legislative Chamber. The fol- Indemnities and Allowances input by advertising for submis- lowing week (on February 6), the Commission, which reviews sala- sions and held several meetings to Standing Committee on Public ries and benefits of members, rec- meet with interested individuals Accounts held a public hearing ommended a salary increase of and groups. Regarding the safe in the Chamber to consider the 2.5% apply as of April 1, 2009. As of use of cell phones in vehicles, the Auditor General’s Report. Officials that date, the salary for a member committee recommended that the from the Office of the Auditor of the Legislative Assembly of Department of Transportation and General of Canada were present Prince Edward Island will be Public Works increase educational to advise the Committee. Over the $65,344. The Commission’s au- awareness campaigns for drivers course of the day, the Committee thority in this regard arises from a and review the issue in one year. questioned witnesses from the 1994 amendment to the Legislative On the matter of proposed amend- Department of Education and Assembly Act, which established ments to the Smoke-free Places Act, Yukon College with respect to the the independent commission the committee made a number of findings in Ms. Fraser’s Report. for the purpose of reviewing the recommendations, including a The Public Accounts Committee salaries and benefits of members, recommendation that provisions will prepare a report on the and reporting its decision to the to prohibit smoking in a motor ve- Auditor General’s Report and the Speaker each year by the first of hicles when children are present

CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 51 be introduced, and that smoking the Companies Act be amended to strategy. on patios and decks of eating es- make it consistent with similar tablishments and licensed prem- acts in other Canadian jurisdic- Architectural History ises continue to be permitted. The tions; and (3) that the Standing Kathleen Casey, Speaker of the complete text of both reports can Committee on Privileges, Rules Legislative Assembly of Prince be found on line at www.assem- and Private Bills study the advis- Edward Island, announced in col- bly.pe.ca. ability of establishing a new stand- laboration with her Maritime col- In its report of November ing committee of the Legislative leagues, that James W. Macnuttof 2008, the Standing Committee on Assembly to be charged with mat- has been engaged Privileges, Rules and Private Bills ters concerning crown corpora- to write a book on the architec- made the recommendation that tions, boards and agencies. tural history of the three Maritime the maximum number of mem- The Standing Committee on legislative assembly buildings. bers on a standing committee of Community Affairs and Economic Mr. Macnutt has written and lec- the Legislative Assembly be re- Development continued its work tured on architectural history and duced from ten to eight members, on the subject of rural develop- is intimately familiar with the to be effective as of the opening of ment in the province. In its report Legislative Assembly of Prince the Third Session of the Sixty-third of November 26, 2008, the com- Edward Island, having served as General Assembly. No change was mittee made seven recommenda- its first legislative counsel and as recommended for the number of tions, including that government law clerk. The book will docu- opposition members serving on continue to explore appropriate ment, through pictures and text, a standing committee, which will decentralization of government the origins and usage of the archi- remain at two (unless there are services across the province, and tectural styles in which the build- fewer than two members of the of- encouraged continued public con- ings are constructed. Mr. Macnutt ficial opposition). The report was sultations by government on rural will also explore the origins of adopted by the Assembly. sustainability. The report also the form and function of the vari- noted the recent announcement ous parliamentary chambers and On November 1, 2007, a motion spaces in each building as they was adopted by the Legislative that high speed internet will be continue to allow for the function- Assembly instructing the available throughout the province ing of modern legislatures and the Standing Committee on Fisheries, by the end of 2009. practice of responsible govern- Intergovernmental Affairs and The Standing Committee ment. Transportation to conduct a thor- on Agriculture, Forestry and ough review of the collapse of Polar Environment put forward twelve A greater appreciation of the Foods International Inc., a business recommendations for the con- principles of parliamentary de- failure the Auditor General identi- sideration of the members of the mocracy is one of the most effec- fied as costing Island taxpayers Legislative Assembly in November tive ways of ensuring the continu- approximately $31 million. The 2008. Among them, were recom- ing preservation of our system of committee received varied input mendations that government con- government. As part of the role regarding the causes and out- tinue funding the activities for the of the Speaker of the Legislative comes of the collapse of the com- “Buy P.E.I.”marketing program Assembly, the office promotes pany and, after due consideration, and expressing support for ini- these principles in an attempt to made a number of recommenda- tiatives to establish the necessary generate a deeper understanding tions in its report, adopted by the infrastructure and technology to of our legislature and our system Legislative Assembly in November meet the demand for value-added of responsible government. As 2008: (1) that the Department of products in agriculture. The com- such, Speakers Roy Boudreau of Fisheries, Aquaculture and Rural mittee reported it heard of the New Brunswick, Alfie MacLeod Development review, in detail, potential value in establishing a of Nova Scotia, and Speaker the testimony received by the province-wide GMO (genetically- Casey are in agreement that there committee and take a lead role, modified organisms)-free zone is a need for a comprehensive ar- in conjunction with industry, in for canola, and recommended chitectural history of their respec- preparing the strategy for the de- that the provincial Department tive legislative assembly build- velopment and sustainability of of Agriculture work closely with ings that will serve as a guide for the lobster fishing and processing Island producers of this crop to visitors and users alike to assist in industries in the province; (2) that identify the advantages of such a explaining and interpreting the

52 CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 history, symbolism and uses of directed to provide a review of the significant contributions toward their respective buildings in the impact of unincorporated areas on the advancement of human democratic process. existing municipal structures. rights on Prince Edward Island. “Since being elected as Speaker In December 2008, ­the Enviro­ The presentation was made on of the House in July 2007, I con- nment, Energy and Forestry International Human Rights Day, tinue to feel privileged and fortu- Minister George Webster ac- which is celebrated every year in nate to come to work every day at knowledged the environmental countries all around the world to Province House. I am excited that efforts of Islanders after the find- commemorate the signing of the this important book will be written ings of a recent study by Statistics Universal Declaration of Human and made available to Islanders Canada showed that Prince Rights. and will serve as an excellent Edward Island households are the reference for those interested in most environmentally active in Marian Johnston Province House and in the prac- the country. Clerk Assistant and tice of parliamentary democracy Clerk of Committees “The findings in this report in Prince Edward Island, New clearly show that the environment Brunswick and Nova Scotia,” said is very important to Islanders,” Speaker Casey. Webster said. In the report, a na- To be completed in the fall tion-leading 64% of Island house- of 2010, the book will explore holds were deemed “very active” the many common architectural when it comes to household en- themes shared by legislative as- vironmental activity. P.E.I. also sembly buildings and why they had the highest rate of compost- were built in the fashion they ing (92%) and was tied with Nova were. It will interpret such things Scotia and British Columbia for the as why the Legislative Council and highest recycling rate (99%). The House of Commons House of Assembly Chambers are Households and the Environment located on the second floor of the Survey collects information on a n November 18, 2008, having buildings, and why very carefully variety of environmental themes. Osworn the oath of office, the chosen locations within the city The study identified six environ- newly-elected Members attended were selected as the construction mental household behaviours: the opening of the Fortieth Par- sites. use of reduced volume toilets, use liament. Their first order of busi- of low-flow showerheads, use of ness was to elect a new Speaker Other matters compact fluorescent light bulbs, from among the eight candidates. As promised in the April 2008 recycling, composting and lower- Peter Milliken was re-elected on Speech from the Throne, govern- ing temperatures. Households that the fifth ballot for his fourth term ment has appointed a commis- engaged in four to six behaviours as Speaker of the House of Com- sioner to conduct a comprehen- were considered very active. mons. sive review of municipal and land The Chairperson of the Prince In the Speech from the Throne use and development issues in the Edward Island Human Rights delivered the next day, Stephen province. Hon. Ralph Thompson, Commission, Richard Montigny, Harper’s Conservative govern- who retired from the Prince announced on December 10, 2008, ment put forward a five-point Edward Island Provincial Court that Barbara Fanning is the in- plan to protect the economy, and in 2005, has been given the task augural recipient of the Award a plan to reform some federal in- of conducting a thorough review for the Advancement of Human stitutions. Upon their return to of land use challenges and mu- Rights on P.E.I. Ms. Fanning was the Chamber, and on motion of nicipal governance issues facing recognized as a passionate ad- the Prime Minister, the traditional the province. Commissioner vocate for the rights of men and pro forma Bill C-1 was introduced Thompson is expected to submit a women with intellectual disabili- and read a first time. As a depar- report by the end of 2009, outlin- ties for the past twenty years. The ture from the usual practice, the ing recommendations to address P.E.I. Human Rights Commission Prime Minister tabled a copy of challenges and proposed revenue recently created this annual award the Bill, the text of which asserted measures needed to support sug- to recognize individuals, groups the traditional rights of the House gested changes. He has also been or organizations that have made of Commons.

CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 53 Debate on the motion regarding Following the designation of an Privilege the Address in Reply to the Speech order of the day for consideration On November 27, 2008, Wayne from the Throne proceeded with- of a ways and means motion for Easter raised a question of privi- out incident; the sub-amendment the presentation of the budget, the lege in the House, arguing that was rejected, after it was ordered Minister of Finance tabled the first the parliamentary secretary to the by unanimous consent that it be budget of the Fortieth Parliament Minister of Natural Resources and considered on the third of the said in the House on January 27, 2009. for the Canadian Wheat Board, days (rather than the second day, Four days of resumed debate David Anderson, had inappro- as the Standing Orders provide). ensued. On the second day, the priately used confidential mailing The amendment was passed on sub-amendment put forward by lists and the franking privileges of the fourth of the said days. the Bloc Québécois was rejected. the House for political purposes. On November 21, 2008, the On the third day, the amendment Mr. Easter alleged that the par- Speaker proposed that Andrew put forward by the Liberal Party liamentary secretary had over- Scheer be appointed Deputy was adopted. This amendment stepped his privileges by sending Speaker and Chair of Committees enjoined the government to report a letter to grain producers, en- of the Whole, that Denise Savoie to Parliament no later than five couraging them to support certain be appointed Deputy Chair of sitting days before the last allotted candidates in the upcoming elec- Committees of the Whole and day of each supply period in 2009 tions for directors of the Canadian that Barry Devolin be appoint- on the economic situation and the Wheat Board. On Thursday, ed Assistant Deputy Chair of implementation of the budget, December 4, 2008, the Speaker Committees of the Whole. Each of among other things. Finally, on concluded that there was no prima these motions were agreed to. the fourth day, February 3, 2009, facie question of privilege since the On November 27, 2008, Minister the main motion (as amended by distribution of the material nei- the Liberal Party’s amendment) of Finance Jim Flaherty presented ther defamed nor compromised the government’s economic and calling for the House to approve the ability of Members to perform fiscal statement. The three oppo- the government’s general budget their parliamentary duties. policy was adopted. sition parties indicated that they After learning of allegations of would not support the statement Committees theft and embezzlement against and expressed the desire to form him from a journalist who had ob- A Standing Order change was ad- a coalition government to replace tained a copy of an RCMP report opted on November 27, 2008, pro- the Conservative government. through Access to Information, viding that the membership of the Just 13 sitting days after the ses- Bill Casey raised a question of four standing committees chaired sion began, on December 4, 2008, privilege on February 3, 2009. by an opposition member would at the Prime Minister’s request, Despite much of the information be reduced to 11 members as op- the Governor General prorogued in the report having been redact- posed to 12. Parliament until January 26, 2009. ed or removed (except his own On January 26, 2009, the During the 1st Session of the name, which could be identified th Governor General officially 40 Parliament, the Standing at the end of the document), he in- opened the Second Session of Committee on Procedure and ferred that the transfer of $30,000 the Fortieth Parliament with the House Affairs presented its first between his then riding associa- Speech from the Throne. It was report on December 2, 2008, on tion and campaign accounts was shorter than usual and focused the striking of the membership what was at issue. Further, the on a single theme: the economy. of standing and standing joint report contained contradictions On the same day, the traditional committees. However, due to the about whether or not an investi- pro forma Bill C-1 having been prorogation on December 4, com- gation was warranted. However, introduced and read a first time, mittees, with the exception of the mere existence of the alle- the Prime Minister asked for and Procedure and House Affairs, did gations and the report had the obtained unanimous consent for not have time to organize. Member contending that these the Bill to be printed. The Deputy In the 2nd Session, on February had the potential to cast doubt on Chair of Committees of the Whole 10, 2009, the House, by unanimous his credibility and honesty and, and the Assistant Deputy Chair of consent, appointed a special com- thus, prevent him from effectively Committees of the Whole were re- mittee to consider the Canadian fulfilling his duties as a Member appointed. mission in Afghanistan. of Parliament. On February 12, the

54 CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 Speaker stated that, while being to be terrorist organizations. The by the material received. entirely sympathetic to the plight Member went on to say that the of the Member, he was unable to misuse of parliamentary services Other matters find that the Member’s ability to in this manner constituted a viola- Supplementary Estimates B fulfil his parliamentary functions tion of her privileges as a Member for 2008-2009 were tabled on effectively had been undermined, of Parliament. Ms. Mourani apol- Monday, November 24, 2009, thereby concluding that there was ogized, acknowledging that she by the President of the Treasury no prima facie question of privi- should have viewed all the ma- Board, Vic Toews, and referred lege. terial in the links included in her to the appropriate committees. As On February 4, 2009, another email before sending it and that the House was prorogued before question of privilege was raised. she found the material to be hate- these Supplementary Estimates Marlene Jennings stated that ful propaganda. The Speaker ruled had been adopted, they were she and all other Members re- on February 12, 2009, that he could tabled again during the second ceived an email on their House of not find that the privileges of Ms. session on January 29, 2009. Commons BlackBerry from fellow Jennings had been violated by this MP Maria Mourani, which glori- unfortunate incident, although David Gagnon fied three organizations that the there was no doubt that she and Procedural Clerk federal government had deemed other Members had been offended

CANADIAN PARLIAMENTARY REVIEW/SPRING 2009 55