Legislative Reports

in committee reports as a means of In the following days, motions to testing the confidence of the House adjourn the House were proposed in the government. For instance, af- by the opposition and adopted by ter the Opposition House Leader the House. For the opposition, this moved that the Third Report of the was another clear indication that Standing Committee on Finance, the government had lost the confi- dealing with pre-budget consulta- dence of the House and the moral tions, be concurred in, the Leader of authority to govern and that it the Opposition moved an amend- should resign. This led to the sec- ment. He moved that the report be ond important moment where the House of Commons not now concurred in, but that it be confidence convention took centre recommitted to the Standing Com- stage. ith the summer adjournment mittee on Finance with the instruc- As a result of the Prime Minister's Win sight and important legisla- tion that it amend the report so as to address to the nation, in which he tion before the House, tensions be- recommend that, in view of its re- committed to allowing the House to gan to rise and patience began to fusal to accept some of the Commit- express its confidence in the gov- wear thin in the Chamber. The most tee's key recommendations and to ernment, an all party agreement important topic of discussion implement budgetary changes, the made it possible to have the votes amongst parliamentary observers government resign. The Speaker necessary to dispose of the second was certainly the confidence con- ruled that the amendment was in reading stages of Bills C-43 and vention. The last months of Spring order and clearly stated that it was C-48. The votes took place on May 2005 led to the examination of this not up to the Speaker to judge the 19, 2005. The government was able seldomly talked about convention substance of any motion; rather the to survive this first set of confidence in greater detail. Two clear in- Chair must determine solely votes (a casting vote by the Speaker stances can be identified. whether our procedures have been was needed, see below for more in- Firstly, arguing that its focus was respected in the presentation of a formation), but the government on the passage of the Budget imple- motion to the House. The vote pro- now had to ensure that these bills mentation Bills (C-43 and C-48), the ceeded and resulted in a count of got to committee and came back to government decided to postpone 153 in favour of the motion and 150 the House for consideration at third the designation of Opposition days. opposed. reading. The Governement House Leader The opposition felt they had On June 14, 2005, the Standing went as far as to undesignate an Op- clearly expressed their non-confi- Committee on Finance presented its position day which had already dence in the government with this Fourteenth Report to the House been granted but on which debate result, but the government felt oth- with respect to Bill C-48. This report had not yet started. This rarely seen erwise. The Prime Minister and the indicated that the Bill had been occurence took place after the Offi- Government House Leader, on nu- amended in such a way that all of its cial Opposition had put on notice a merous occasions, stated that the content was removed with the ex- motion that, if adopted, would have adoption of a motion of concurrence ception of the title. The government designated the remaining Opposi- in a committee report amounts to was forced to move motions to tion days, which is, by convention, nothing more than a 'procedural re-instate the clauses that were de- the responsibility of the govern- motion' and that it does not qualify leted so that the Bill could then pro- ment. as a motion of confidence in the gov- ceed. The undesignation of this allotted ernment. Once the clauses were re-instated day paved the way for the Official and both C-43 and C-48 were ready Opposition to use motions to concur

54 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005 for third reading, the government the three hours provided for debate Council appointments are the realized that in order to pass the two to frustrate the government's ability prerogative of the Crown, and that he could not compel the Gov- budget bills and the same-sex mar- to proceed to Government Orders. ernment to abide by the Commit- riage bill, they would need to ex- It is this new procedure that the op- tee's recommendation. tend the sittings of the House, and position used to explore the con- • On May 4, 2005, the Speaker ruled that is exactly what they did. On fines of the confidence convention that the Chair would continue to June 9, 2005, the Government previously described. accept that documents be tabled House Leader moved that, pursu- Privilege / Speaker's Rulings by Ministers during Oral Ques- ant to Standing Order 27(1), com- tions or indeed at any time. mencing June 13, 2005, and • The Speaker has had to rule on sev- On June 6, 2005, the Speaker concluding June 23, 2005, on Mon- made a short statement regarding eral occasions with regard to privi- days, Tuesdays, Wednesdays, and matters before the Ethics Com- lege or other matters on which the Thursdays the House would con- missioner. He stated that once a House needed clarification from the request for an inquiry has been tinue to sit until midnight. Seeing Chair. These instances include: made, Members should permit that this would still not be suffi- the inquiry process to take place cient, the government then gave no- • On April 18, 2005, the Speaker without further commenting on tice for Government Business No. ruled that the question of privi- the matter in the House, and that 17 which would see the sitting pe- lege raised by Brian Masse the Chair would be enforcing the (Windsor West) concerning a Code's provisions with respect to riod extended until such time as questions and answers during Bills C-43, 48, and 38 were sent to householder (10 percenters) mail- ing to constituents of Windsor Oral Questions. the Senate. To ensure that this mo- West under the frank of Monte • On June 8, 2005, the Speaker ruled tion to extend the sittings was Solberg (Medicine Hat) consti- on the questions of privilege adopted in a timely fashion, the tuted a prima facie question of raised by the Don Boudria (Glen- Government House Leader gave privilege. Subsequently, the garry–Prescott-Russell) concern- notice and later moved for closure Speaker ruled that two other sim- ing the blocking of fax lines and ilar cases regarding the use of the of the debate, which was eventually the registration of Internet do- frank of Members and mailings main names of certain Members adopted by the House. were prima facie cases of privilege of the House of Commons by in- Upon considering the bills in (May 3, 2005, raised by Mark dividuals or organizations with question, C-43 passed without Holland (Ajax--Pickering) and no affiliation to the House. The John Reynolds (West Vancou- much opposition. It is only due to Speaker ruled that there were no ver--Sunshine Coast--Sea to Sky prima facie breaches of privilege the use of both time allocation and Country); and May 10, 2005, because, even if the Members had closure, however, that the govern- raised by Mike Chong experienced some inconve- ment succeeded in passing C-48 and (Wellington-Halton Hills). On niences, they had not been pre- C-38, which then allowed the House June 22, 2005, the Standing Com- vented from performing their mittee on Procedure and House parliamentary duties. to adjourn for the summer on June Affairs presented its Forty-Forth 28, 2005. Report, in which it concludes that Committees Standing Order Change there was no breach of privilege in any of these cases. Committees were not immune from • Many other procedural tactics have On May 3, 2005, the Speaker ruled the increased tensions in the Cham- on the question of privilege been used in the last few months. A ber. Party lines were clearly drawn raised by Bob Mills (Red Deer) in some committees while others recent Standing Order change pro- who charged the Prime Minister continued to function normally. vided for three hours of debate on with contempt of Parliament for • allegedly disregarding a motion Once Bill C-38, the same-sex mar- motions for concurrence in commit- riage bill, was adopted at second tee reports. Little did anyone know to concur in a committee report adopted by the House on April 6, reading, it was referred to a legis- Marcel that this would provide the opposi- 2005. The report had recom- lative committee with Proulx tion with the arsenal it needed to fil- mended that Glen Murray's (Deputy Chairman of ibuster the proceedings of the nomination as Chairman of the Committees of the Whole) ap- National Round Table on the En- pointed by the Speaker to be its House. Because motions to concur chair. On May 30, 2005, the chair in committee reports are moved and vironment and the Economy be rejected. The Speaker indicated gave a ruling with respect to the debated under the rubric “Motions” that committees do not have the definition of a 'technical witness' during Routine Proceedings, Mem- power to revoke an appointment that would be used when consid- bers repeatedly took advantage of or nomination, that Order in ering possible witnesses to ap-

AUTUMN 2005 /CANADIAN PARLIAMENTARY REVIEW 55 pear before the Committee. erning Private Members' In the final instance, on June 22, Essentially, the chair stated that it Business permanent; 2005, following the taking of the re- would be up to the Committee to • decide its own definition and de- On June 23, 2005, the House con- corded division on M-228 (House of cide for itself what it considers to curred in the Thirteenth Report of Commons Symbol) the votes being be a technical witness; the Standing Committee on equally divided (Yeas: 143 and Health, which requested an ex- • Concerning the consideration by tension of 30 sitting days, to con- Nays: 143), the Deputy Speaker, committees of Order in Council sider Bill C-420, An Act to amend Chuck Strahl gave the casting vote appointments, on April 5, 2005, the Food and Drugs Act, pursuant in the negative since, with no fur- the Standing Committee on Envi- to Standing Order 97.1. ther discussion on the motion being ronment and Sustainable Devel- possible, it was not for the Chair to opment recommended that the Other Matters House reject the appointment of decide that the proposal would go Glen Murray to the National A take-note debate was held on June forward. The following day, how- Round Table on the Environment 7, 2005 with regard to supply man- ever, the Speaker made a statement and the Economy. The govern- agement. In addition, an emergency announcing that, following the pre- ment ultimately decided to go vious day's vote, Mr. Bergeron ahead with the appointment. In debate was held on June 21, 2005, in another instance, the Standing response to the growing interest (Verchères-Les Patriotes), who was Committee on Access to Informa- and concern with the Devil's Lake recorded as voting Nay, brought to tion, Privacy and Ethics in its diversion project. the attention of the Table that he Fifth Report, recommended that Between May and June, 2005, the was seated and should not have the term of the Information Com- been recorded as having voted. Ac- missioner be extended for a pe- Speaker had to use his casting vote riod of one year. The on three occasions. The first in- cordingly, the Speaker informed government, in this case, chose to stance occurred on May 4, 2005, fol- the House that the decision on Mo- extend the appointment for a pe- lowing the taking of deferred tion No. 228 would be changed and riod of three months only; recorded division on the motion for the motion would, as a result, be • On June 16, 2005, the Standing second reading of Bill C-215 (An Act adopted by a vote of Yeas: 143 and Committee on Procedure and to amend the Criminal Code (consecu- Nays: 142. House Affairs presented to the House its Forty-Third Report re- tive sentence for use of firearm in com- Members garding electoral reform. This re- mission of offence)) in the name of port recommends a process for Daryl Kramp (Prince Ed- Since April, there have been three examining our electoral system ward--Hasting); the result of the Members who have changed par- and the options available. vote was Yeas: 148; Nays: 148. Con- ties, one new Member elected in a Private Members' Business sequently, the Speaker voted “yea”, by-election and the passing of an- stating that he was voting for fur- other Member of the House. Private Members' Business was the ther debate on this bill, as is the area that was least affected by the practice. In the second case, follow- • On April 13, 2005, David Kilgour mounting tensions in the House. ing the vote on the motion for sec- (Edmonton–Mill Woods–Beau- ond reading of Bill C-48 (An Act to mont) left the Liberal caucus to sit The Chair continued to ensure the as an Independent; smooth functioning of Private authorize the Minister of Finance to • Members' Business by ruling, on make certain payments), on May 19, On May 16, 2005, Belinda 2005, the result being tied (Yeas: Stronach (Newmarket–Aurora) several occasions, on the necessity crossed the floor to sit as a Liberal for certain private Members' bills to 152; Nays: 152), the Speaker made a and was sworn in as a Cabinet be accompanied by a royal recom- short statement and stated that the Minister on May 17, 2005; Speaker's vote is not one based on mendation. Since the beginning of • Todd Norman Russell (Labra- May, the Chair has made 5 such rul- party affiliation but rather one dor) was elected in a by-election ings. Other interesting occurrences based on parliamentary traditions, on May 24, 2005; customs and usages. As such, he with regard to Private Members' • On June 6, 2005, Pat O'Brien Business include: voted in favour of the motion, al- (London–Fanshawe) left the Lib- lowing the House to have more time eral caucus to sit as an Independ- • On May 11, 2005, the adoption of for debate and for referral to the ent; the Thirty-Seventh Report of the Standing Committee on Finance, so • Chuck Cadman (Surrey North) Standing Committee on Proce- that the House could make its own dure and House Affairs made the passed away July 9, 2005 after a provisional Standing Orders gov- decision at a later date.

56 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005 long and courageous battle with gan on April 18, 2005 and ended on Thirty-three bills were passed skin cancer. May 19, 2005. during the sitting; 32 public bills Legislation TheNovaScotiaLiberalParty and 1 private bill. Five of the public held a leadership convention in Oc- bills were introduced by non-Gov- While the government's priorities tober 2004 to replace Danny Gra- ernment members. Of these, two were clearly focused on the budget ham who stepped down as Leader were introduced by members of the implementation bills and on C-38 because of his wife being seriously NDP Caucus, two by members of (An Act respecting certain aspects of le- ill, and chose Francis MacKenzie as the Liberal Caucus and one by the gal capacity for marriage for civil pur- its leader. Mr. MacKenzie defeated Independent member; however, poses), other important pieces of Ritchie Mann, who held several they were called for debate by the legislation were introduced in the portfoliosandwasGovernment Government and supported by the House. Leader in the Savage Government. Government, with some changes to Bills introduced since the begin- Mr. MacKenzie does not, at present, some of the bills. ning of May include: hold a seat in the General Assembly. On December 31, 2004,John Art Fordham • C-48, An Act to authorize the Minis- Chataway, member for Chester-St. Assistant Clerk ter of Finance to make certain pay- Margarets, died suddenly, and a ments; by-election to fill the vacancy so cre- • C-51, An Act to amend the Judges ated, was held on June 21, 2005. Act, the Federal Courts Act and other Judy Streach, won the by-election Acts; for the Progressive Conservatives. • C-56, An Act to give effect to the Lab- Just before the Spring Sitting be- rador Inuit Land Claims Agreement gan, Russell MacKinnon, member and the Labrador Inuit Tax Treat- ment Agreement; for Cape Breton West, announced that he was leaving the Liberal Cau- • C-58, An Act for granting to Her cus and sit as an Independent. Majesty certain sums of money for Alberta the federal public administration for At the opening of the Spring Sit- the financial year ending March 31, ting the Government remained in a he Spring Sitting of the First Ses- 2006 (Appropriation Act No. 2, minority position, the standings be- 2005-2006); Tsion of the Twenty-Sixth Legis- ing as follows: Progressive Conser- lature adjourned on May 24, 2005 • C-60, An Act to amend the Copy- vatives 24, NDP 15, Liberals 11, after 42 sitting days for a total of just right Act. Independent 1 and Vacant 1. over 223 sitting hours. By the con- The Sitting was very short and Chad Mariage clusion of the sitting, 40 Govern- without controversy. ment Bills, two Private Members' Procedural Clerk Table Research Branch The NDP introduced, in Commit- Public Bills and three Private Bills House Proceedings tee of the Whole on Supply, a mo- were passed by the Assembly. Two tion that the salary of the Minister of Government Bills and one Private Community Services be reduced to Bill were left on the Order Paper in $1.00. The Government announced addition to other Private Members' that it would treat this motion as a Business items. lack of confidence, but the motion Emergency Debate was withdrawn. The main test for the Government On May 10, 2005, Brian Mason, in the sitting was the vote on the Leader of the New Democrat Oppo- budget which passed with a vote of sition, requested leave to move that 39 for the motion for second reading the ordinary business of the Assem- of the Appropriations Act and 11 bly be adjourned for an emergency Nova Scotia against, with the NDP and the Inde- debate regarding “the ongoing suf- pendent member voting for the mo- fering of residents in long-term care tion, but with the Liberals voting facilities in Alberta”, as identified he Spring Sitting of the Nova against the motion. by the May 2005 report of the Audi- TScotia House of Assembly be-

AUTUMN 2005 /CANADIAN PARLIAMENTARY REVIEW 57 tor General. The report, which had These comments gave rise to an is- Other Matters been released the previous day, con- sue in the Assembly the following cluded that basic standards of care day when an altercation is alleged to On April 27, 2005, the Assembly ap- were not being met in several of the have taken place between Rev. proved a motion to allow a repre- facilities investigated. While Abbott and Rick Miller (Lib, Ed- sentative from each branch of the Speaker Kenneth Kowalski ruled monton-Rutherford) in the lobby Canadian Armed Forces on to the in favour of the motion, he ex- behind the Chamber. The alleged floor of the Assembly to mark the pressed concern with the "provoca- altercation appeared to have arisen occasion of the 60th anniversary of tive wording" of the motion. The over comments made by Mr. Miller VE (Victory in Europe) Day. The Assembly had not had a Standing during the routine item Members' motion also allowed for one of the Order 30 application proceed since Statements. In his statement, Mr. representatives to address the As- 2000, when one was held regarding Miller expressed concern that cer- sembly. On May 5, 2005, veterans of a health care strike. At that time, the tain comments made by a Member the Second World War were hon- standings in the Assembly were of the Legislative Assembly would oured in the Chamber. Doug similar to what they are now. discourage women from entering Learoyd who served in the Royal Two earlier Standing Order 30 re- politics. The Members' Statement Canadian Navy Volunteer reserve quests regarding a controversy sur- was based on the remarks made by and Captain Stu Lindop who rounding the Alberta Securities Rev. Abbott concerning Ms fought with the South Alberta Regi- Commission (ASC) were ruled out Stronach. Following the statement, ment joined Squadron Leader Sam- of order by Speaker Kowalski. On Rev. Abbott attempted to raise a uel S. Lieberman, who spoke on April 27, 2005, the Official Opposi- point of order. Speaker Kowalski, behalf of the province's veterans. tion requested an emergency debate who did not take the point of order On May 24, 2005, Her Majesty be held to discuss the loss of inves- into consideration, explained that Queen Elizabeth II, addressed tor confidence in the ASC after it when the item Members' State- from the Speaker's Chair the Mem- was revealed that the Minister of Fi- ments was added to the Routine in bers of the Legislative Assembly, nance had been sent a letter by ASC 1993, House Leaders agreed that all dignitaries and guests on the Cham- staff expressing concern with their Members in the Assembly would ber floor and in the galleries. It was work environment, the ASC's en- “deal with the highest degree of ci- the first time in Alberta's history forcement practices and the poten- vility with respect to these state- that a reigning Monarch took the tial impact on Alberta's capital ments, to not bring into question throne inside the Chamber. markets. The Speaker ruled that any other Member, and to deal es- Her Majesty, who was welcomed while the matter was serious, it did sentially with thoughts that they by Premier Ralph Klein and intro- not constitute a genuine emergency. had”. Accordingly, no Member duced in the Chamber by Speaker On May 5, 2005, a second request would rise on a point of order or on Kowalski, paid tribute to Alberta's for an emergency debate was made a point of privilege. The Speaker forefathers and their contributions after the ASC filed an originating did, however, caution all Members to the province. Her Majesty also notice against the Auditor General about referring to other Members in spoke of the opportunities that lie challenging his jurisdiction to con- their Members' Statements, noting ahead for Albertans as well as the duct an audit of the agency. The re- that while the Member had not been need to protect land for future gen- quest was ruled out of order by mentioned by name in the state- erations. Following the address Speaker Kowalski who indicated ment, it was clear who was being re- Her Majesty went on a walkabout of that he did not want to set a prece- ferred to. Laurie Blakeman, the Legislature grounds. dent which would make it difficult Official Opposition House Leader, Several events are being planned for future Speakers to rule anything gave notice later that afternoon that for the province's official birthday out of order for sub judice reasons. she would be raising a question of on September 1, 2005. Gala concerts privilege on the next regular sitting Privilege are scheduled to re-open the Jubilee day regarding the alleged alterca- Auditoria in Edmonton and Cal- tion. As this was the last regular day gary, both of which have under- On May 17, 2005, Tony Abbott, (PC, of the Spring Sitting, the matter will gone extensive renovations. There Drayton Valley-Calmar), made cer- be held over until the Fall Sitting. will also be entertainment and ac- tain comments to the media in reac- tivities including fireworks at the tion to Belinda Stronach crossing Legislature Grounds as well as a the floor of the House of Commons.

58 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005 re-enactment of the province's won about three percent of the ments to the Election Act in 2004 al- inauguration. popular vote. lowed Elections BC to update and Of those Liberal MLAs elected, 36 add voters to the provincial voters Micheline Orydzuk are returning from the previous list using the federal list. This move Clerk of Journals/Table Research parliament, and ten are new Mem- alone added some 580,000 voters. bers. New NDP MLAs number 27, Registering to vote was also made while two are returning from the easier by allowing individuals to previous parliament and four are register or update their information former MLAs from the Thirty-Sixth on-line, by phone, with a mail-in Parliament. form, at any government agent's of- A total of seven recounts were fice or at any of the district electoral conducted by Elections BC. Election offices opened prior to the election. Act rules allow candidates to re- It was also possible to register at quest a judicial recount and auto- polling stations on election day. matically require a judicial recount Elections BC reports that the on-line British Columbia in constituencies where the gap be- registration option was the most tween first- and second-place can- popular method among voters. he British Columbia Legislative didates is less than 1/500 of the total In its registration and awareness TAssembly has been in a period number of ballots cast in the riding. drive, Elections BC specifically tar- of dissolution since the writs of elec- Recounts in Saanich South, Cariboo geted two of the groups that don't tion were issued on April 19, ending North, Skeena and Burnaby traditionally vote: those mainly the Thirty-Seventh Parliament. The Edmonds were requested by trail- young people who are cynical about Thirty-Eighth Parliament is ex- ing Liberal candidates, and one in the value of their vote, and those pected to begin in September. Burnaby North was requested by with language or other barriers that Provincial Election Results the second-place NDP candidate. prevent them from exercising their Recounts in the ridings of Vancou- right to vote. Elections BC reached out to youth by hiring a youth liai- Following a record number of re- ver-Burrard and Cariboo South son officer to promote registration counts, the results of the May 17 were triggered automatically, as among youth and by adding a provincial general election are now first-place candidates in those two youth participation page to its finalized. As reported previously, constituencies led by only 17 and 32 website. Its move to permit on-line the BC Liberal Party formed the votes, respectively. All recounts voter registration was also meant to government with 46 seats and the confirmed the original results of the appeal to young voters. To remove BC New Democratic Party elected combined election night and absen- administrative barriers to voting, 33 members. No Independent can- tee ballot counts. amendments to the Election Act in didates or representatives from Voter Turnout 2004 added new provisions to allow other parties won seats in the individuals with no dwelling place House. This election year, Elections BC to register to vote using a shelter, The BC Liberals received 46 per- waged its own campaign - to im- hostel or similar institution as a resi- cent of the popular vote, down from prove voter turnout. The Chief dential address. Elections BC also 58 percent in 2001, while the New Electoral Officer, Harry Neufeld, enumerated at shelters, social ser- Democrats won 42 percent of the who came to the job in 2002, has led vice agencies and long-term care fa- popular vote, up from 22 percent in a number of changes to improve cilities throughout B.C. Liaison the last election. The Green Party of upon the record low of 55 percent officers were hired to network and BC garnered 9 percent of the popu- voter turnout in the 2001 provincial promote registration and voter lar vote, down from 12 percent in election. Although participation participation within First Nations, 2001, and the 22 other parties run- rates are declining across Canada, Chinese and Indo Canadian ning candidates each earned less BC's voter turnout in that election communities. than one percent of the popular was second-lowest of any Canadian Other measures to improve voter vote. This represents a slight jurisdiction. turnout involved improving voting change from 2001, when two Recent measures taken to im- accessibility. Voters were able to at- “third” parties – the BC Marijuana prove turnout centred on getting tend any polling centre, not just the Party and the BC Unity Party – each more voters registered. Amend-

AUTUMN 2005 /CANADIAN PARLIAMENTARY REVIEW 59 one to which they were assigned, ing MLA Bill Bennett, as Minister care, mental health, housing, and advance voting and alternative of State for Mining. Also new to fisheries and aquaculture, Crown absentee voting opportunities were cabinet is three-time MLA and for- corporations, ferries and ports, and also available. mer Parliamentary Secretary to the human rights. Registration among eligible vot- Government House Leader, Barry The Official Opposition has ers did improve significantly, mea- Penner, as Minister of Environment named former NDP cabinet minis- suring 90 percent - up from 78 and Minister Responsible for Water ter Mike Farnworth as Opposition percent in 2001. Voter turnout re- Stewardship and Sustainable Com- House Leader, and returning MLA sults also changed slightly, with munities. Former Speaker Claude Jenny Kwan as Opposition Caucus over 57 percent of eligible voters Richmond is now Minister of Em- Chair. New MLA Katrine Conroy casting a ballot. Just over 55 percent ployment and Income Assistance. has been appointed Opposition of eligible voters cast a vote in the Newly elected MLA and former BC Caucus Whip. referendum on electoral reform. Court of Appeal Justice Wally Oppal has been appointed Attorney Wynne MacAlpine Referendum on Electoral Reform General, while new MLA Carole Research Analyst Taylor is Minister of Finance. Olga Office of the Clerk of Committees The results of the Referendum on Ilich, also a first-time MLA, has Electoral Reform have also been fi- been appointed Minister of Tour- nalized, showing that overall 57.69 ism, Sports and the Arts. percent of voters answered “yes” to Three new parliamentary secre- the referendum question, and that tary positions have also been cre- more than 50 percent of voters in 77 ated. Returning MLA Richard Lee of 79 electoral districts approved the is Parliamentary Secretary for the adoption of a single transferable Asia-Pacific Initiative to the Minis- vote electoral system. While a ter of Economic Development. stronger endorsement of the STV Dave Hayer,alsoinhissecond than many observers expected, the term, is Parliamentary Secretary for numbers failed to meet the thresh- Multiculturalism and Immigration Manitoba old required by the Electoral Reform to the Minister Responsible for Referendum Act. Under that statute, Multiculturalism. And returning n accordance with a program- the referendum question would MLA Val Roddick is Parliamentary Iming motion passed in the House only pass with the approval of at Secretary for Agriculture Planning at the end of the last session in June least 60 percent of the referendum to the Minister of Agriculture and 2004, the House had been sched- votes cast provincewide, and at Lands. uled to rise on June 9, 2005. As a re- least 50 percent of the referendum Shirley Bond was reappointed as sult of all-party talks though, the votes cast in at least 48 of the 79 elec- Deputy Premier and Mike De Jong House agreed unanimously to ex- toral districts. will serve as the new Government tend the session by one week to al- Due to the strong support for House Leader. Gordon Hogg has low an appropriate amount of time electoral reform evidenced by the been selected by the caucus as Gov- to conclude the remaining business. referendum results, Premier ernment Caucus Chair. The new Consequently, the House ad- Gordon Campbell and the Leader Government Whip is returning journed for the summer on Thurs- of the Official Opposition, Carole MLA Randy Hawes , and the new day, June 16, 2005. James, have expressed an interest in Government Deputy Whip is re- Legislation continuing to explore alternative turning MLA Dennis MacKay. electoral models for the province. Later in June, Opposition Leader Covering many areas of gover- Cabinet and Caucus nance, Manitoba MLAs considered Appointments Ms. James announced that all mem- bers of the Opposition caucus have a range of legislation this session, been appointed to critic positions. including: The new 23-member Liberal cabi- In addition to those mirroring the • Bill 22 - The Water Protection Act, net, announced in June, includes 17 cabinet, critics have been appointed which set out a legislative scheme returning Ministers, as well as some to provide improved protection to areas that the Opposition has returning and some new Private for Manitoba's water resources identified as key concerns: seniors Members. New to cabinet is return- and aquatic ecosystems. Held

60 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005 over from the previous session, Fund which were the subject of an took the matter under advisement this bill was the object of an un- investigation by the Auditor and returned with a ruling on May precedented number of Report General. 11. Stage Amendments this session. • A total of 43 amendments and Bill 52 - The Legislative Assembly Referencing several procedural sub-amendments were moved Amendment Act (2) establishes authorities as well as rulings from during Report Stage over a pe- that a commissioner will be ap- pointed to consider the past ser- three previous Manitoba Speakers, riod a several weeks. Steve Ash- Speaker Hickes concluded that no ton (NDP - Thompson), the vice buy-back program of the Minister responsible for Water Legislative Assembly Pension prima facie case of privilege had Stewardship, moved 20 of the Plan. A previous Commis- been established. The Speaker amendments, all of which sioner's report indicated that the quoted a ruling from former Mani- passed. Three opposition Mem- program should be reviewed and changed because limitations un- toba Speaker Louise Dacquay who bers, including the official oppo- stated that short of a Member ac- sition critic Jack Penner (PC - der the Income Tax Act (Canada) Emerson), moved the remaining prevented members from pur- knowledging to the House that he amendments. While most of the chasing past service to the extent or she deliberately and with intent opposition amendments did not recommended by the previous set out to mislead, it is virtually im- pass, through negotiations be- commissioner. The new commis- sioner will make decisions about possible to prove that a Member has tween the minister and the critic deliberately deceive the House. two opposition amendments car- the purchase of past service in re- ried and became part of the Bill. spect of the period from April 25, The ruling also referenced Joseph Several opposition amendments 1995 to October 1, 2004. Maingot's Parliamentary Privilege in were also withdrawn by unani- • Bill 207 - The Medical Amendment Canada, which advises “that to al- mous consent and replaced by Act. This Bill allows physicians lege that a member has misled the government amendments in co- more flexibility to practise House is a matter of order rather operation with the opposition. non-traditional therapies and than privilege,” as well as • other therapies that differ from Bill 25 - The Workers Compensation Beauchesne which states “It has Amendment Act, implemented prevailing medical practice, changes to the Act in the three without the potential for profes- been formally ruled by Speakers main areas: Coverage and As- sional discipline unless the that statements by Members re- sessment, Compensation, and non-traditional or differing ther- specting themselves and particu- Governance. The feature of the apy involves a greater risk to pa- tient health. A Private Members' larly within their own knowledge Bill which received the most at- must be accepted.” tention though was the broaden- Bill brought forward by Len ing and extension of Derkach (PC - Russell), this Bill As our rules allow, Mr. Derkach compensation benefits for was supported by the govern- challenged the Speaker's ruling, firefighters and their families. ment, with Minister of Health Tim Sale (NDP - Fort Rouge) which was ultimately sustained on The Bill expanded coverage for a recorded division of yeas 32, nays work-related illnesses affecting moving an amendment at the firefighters to include three new committee stage. 20. cancers as well as heart attacks Matters of Privilege On Tuesday, June 7, 2005, Jon occurring within 24 hours of an Gerrard (Independent Liberal - emergency response, and in- River Heights) raised a similar mat- cluded part-time and volunteer Prior to Oral Questions on May 5, firefighters under new 2005, the Official Opposition House ter of privilege regarding answers presumption provisions. Leader rose on a matter of privilege to questions given by the Minister of Family Services and Housing, • Bill 51 - The Labour-Sponsored In- concerning comments made by the vestment Funds Act (Various Acts Minister of Education, Peter Christine Melnick (NDP - Riel). Amended). This Bill sought to im- Bjornson (NDP - Gimli), during Mr. Gerrard contended that Minis- prove governance of Manitoba's Oral Questions on the previous sit- ter Melnick had provided answers labour-sponsored venture capital ting day. Mr. Derkach asserted that during Question Period which were corporations (LSVCCs), includ- at odds with a newspaper article ing Crocus Investment Fund; en- Minister Bjornson had committed a hance the reporting and falsehood and had intended to de- and with a letter that he had tabled disclosure requirements for ceive the House, tabling documents concerning whether or not the for- LSVCCs; and streamline the reg- which he contended supported his mer Minister of Family Services had ulation of LSVCCs and the ad- assertion. He concluded his re- been aware of problems at Hydra ministration of the LSVCC tax House in the spring of 2000. An credit program. This legislation marks by moving a motion recom- emerged in the aftermath of prob- mending disciplinary action for the adult community living facility, lems with the Crocus Investment Minister. Speaker George Hickes Hydra House was the object of an

AUTUMN 2005 /CANADIAN PARLIAMENTARY REVIEW 61 Auditor General's Investigation in for the remainder of the Session. As 2004. Mr. Gerrard also called for • Changing the daily hour of ad- a result, following a brief sitting in disciplinary actions to be taken re- journmentfrom5:30to5:00, December and January, the House while adding an extra sitting specting the Minister. Tuesday mornings from 10:00 to resumed sitting on March 30, 2005, On June 13 the Speaker ruled that, noon; and followed a schedule of three weeks on and one week off. Given on the basis of the same procedural • Instituting a one-minute Quorum authorities and previous Manitoba Bell; the necessity for all Members to be in their chairs due to the closeness Speakers rulings referenced in the • Changes to the consideration of of the House, the legislative calen- previous matter of privilege, he Private Member's Resolutions; could find no prima facie case of priv- dar allowed Members to organize • ilege in this instance. Reducing speaking time in the their schedules and plan constitu- Committee of the Whole and ency business for the weeks that the Sessional Order Committee of Supply from 30 minutes to 10 minutes; House was not sitting. Pursuant to the calendar, the As- • Following the example of our previ- Modifications to the rules gov- sembly was scheduled to adjourn erning the questioning of Minis- ous session, the House unani- on June 10, 2005. However, given mously passed a programming ters during debate on the Concurrence motion in the Com- the heavy workload and the numer- motion on June 9, 2005 laying out a mittee of Supply; ous Bills before the House, the Ses- timeline for the completion of both • sion carried on well past the the current session as well as the Changes to the rules governing Standing Committee member- scheduled end date and, after 57 sit- next session. The sessional order ship whereby the Whips provide ting days, adjourning on June 30. provides both a schedule for all sit- Committee Clerks with lists of The Legislature is scheduled to re- ting dates through the next year Members to serve on the commit- sume on December 6, 2005. (until June 2006), as well as tee for each meeting (as opposed From April 29 to May 1, Speaker day-by-day and hour-by-hour steps to a standing membership with substitutions); and Bev Harrison presided over the Six- for completion of the various stages teenth Annual Student Legislative of all legislation and financial pro- • Establishing speaking times of 10 Seminar. Forty-nine students from cesses – for both the current session minutes in Standing Committees (previouslyspeakingtimesin around the province attended vari- and the next. committees had been unlimited). ous workshops and lectures focus- Barring an emergency, the House ing on the judicial, executive and will resume sitting with the Throne Rick Yarish legislative branches of government. Speech opening the fourth session Clerk Assistant / Guest speakers included Premier of the 38th Legislature on October Clerk of Committees Bernard Lord (PC, Moncton East); 27, 2005, in accordance with the ses- Shawn Graham, Leader of the Offi- sional order. cial Opposition (Lib., Kent); Jody Rule Changes Carr (PC, Oromocto-Gagetown); and Kelly Lamrock (Lib., Frederic- On the afternoon of the last day of ton-Fort Nashwaak). The weekend session our Rules Committee met to event culminated with the students formally consider a number of rule participating in a model Parliament changes that had previously been within the Legislative Assembly's discussed by a working group of historic Chamber. MLAs. The committee agreed on The Standing Committee on the package of revisions and New Brunswick Crown Corporations tabled its first promptly (on the same day by report to the House on May 5. The leave) reported their decisions to he Second Session of the report outlined the activities of the the House, where the amendments Committee during the First Session to the rules were concurred in and TFifty-fifth Legislative Assem- bly,whichopenedinDecember, of the Fifty-fifth Legislature, includ- agreed to by all members. ing its review of the province's eight The amendments include revi- 2004, continued sitting throughout the spring. For the first time, a legis- regional health authorities and nu- sions to many aspects of our opera- merous Crown corporations and tions, including: lative calendar was adopted by the House, setting out the sitting days agencies. The report also dealt with

62 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005 the March 2004 hearings which re- orders such as charging interest separate occasions, negativing a viewed issues surrounding the on late payments; accessing private member's motion regarding money owing to payers from New Brunswick Power Corpora- sources other than employers; ac- an extension to the term of office of tion agreement with Venezuela to cessing funds from payers' bank the Auditor General, and affirming secure a supply of orimulsion for accounts; preventing payers from the motions for third reading of the the Coleson Cove Generating Sta- shielding money or assets in fam- following three financial bills intro- tion in Saint John. An Analyses of ily-owned companies; reporting duced by Jeannot Volpé, Minister delinquent payers to credit re- Orimulsion Hearing Transcripts was porting agencies; and suspend- of Finance: Bill 56, Special Appropria- prepared by a consultant to the ing drivers' licences. tion Act 2005, Bill 77, Appropriations Committee and included in the Act 2005-2006, and Bill 78, Supple- • Bill 55, Public Trustee Act, creates Committee's report to the House. Of the position of a Public Trustee, mentary Appropriations Act significant note, the Committee also which will assist those who are 2004-2005 (2). agreed to include in its report a dis- unable to make decisions about On June 30 NDP Leader Eliza- senting report prepared by the Of- their own personal affairs, fi- beth Weir (Saint John Harbour) fice of the Official Opposition. nances or health care. The Public Trustee may seek a court order to rose in the House to give her final On May 13 the Legislature ap- manage the affairs of a person speech as Leader of the provincial pointed the Standing Committee on who has become infirm, or to ad- New Democratic Party. Ms. Weir Estimates, which, while provided minister the estate of a person had announced in October, 2004, for in the Standing Rules, had not who has died without a will. If a that she would be stepping down as person wants to prepare a power been appointed since 1988. In an ef- of attorney or a will but does not NDP Leader. A leadership conven- fort to expedite the review of the have anyone to appoint as attor- tion to elect a new Leader is planned main estimates for 2005-2006, the ney or executor, the legislation al- for September, 2005. Ms. Weir was Legislature referred the estimates of lows the appointment of a Public the first woman chosen Leader of a several departments to the Commit- Trustee to act on their behalf. In political party in New Brunswick, the spirit of cooperation, the Op- tee for consideration. The Commit- position withdrew its proposed the first woman Leader elected to tee met during a week the House Public Trustee Act in order to al- the Legislative Assembly, and the was in recess and successfully ac- low the more comprehensive first elected Leader of the provincial complished the review normally government Bill to proceed. New Democratic Party. Ms. Weir undertaken by the Committee of • Bill 70, An Act to Comply with the remains the MLA for Saint John Supply. Request of The City of Saint John on Harbour. On June 21 Speaker Harrison in- Taxation of the LNG Terminal,in- On July 21 Ms. Fowlie resigned troduced by Brenda Fowlie, Min- formed the House of the decision of ister of the Environment and her position as Minister of the Envi- the National Council of the Cana- Local Government, facilitates The ronment and Local Government fol- dian Cancer Society to recognize the City of Saint John's proposed mu- lowing the release of a report by the Legislative Assembly of New nicipal taxation treatment of a Office of the Ombudsman. In his re- Brunswick's significant contribu- liquified natural gas terminal port, the delegate for the Ombuds- within city limits. The Bill sets the tion to cancer control by awarding amount of municipal tax payable maninthismatter,Stuart G. the Special Recognition Award, in to the city at $500,000 per year for Stratton (former Chief Justice and appreciation for enacting the a specified term of 25 years in ac- Conflict of Interest Commissioner) Smoke-Free Places Act. cordance with the resolution concluded that the Minister had dis- passed by the Council of The City closed personal information con- A total of 81 Bills were introduced of Saint John. during the Session, consisting of 50 cerning a sitting Member of the • Government Bills, 28 Private Mem- Bill 72, Electoral Boundaries and House and that its dissemination Representation Act,introduced was in breach of the Protection of Per- bers' Public Bills and 3 Private Bills. by Premier Lord, creates an in- Among the 43 Bills passed are the dependent commission tasked sonal Information Act. Dale Graham, following: with redrawing the boundaries Deputy Premier and Minister of of New Brunswick's 55 electoral Supply and Services was appointed • Bill 48, Support Enforcement Act, ridings in time for the next gen- Acting Minister of the Environment introduced by Brad Green, Min- eral provincial election. New and Local Government on an in- Brunswick's electoral bound- ister of Justice and Attorney Gen- terim basis. eral, includes a series of new aries were last reviewed in 1991. enforcement options to promote On June 28 Speaker Harrison was greater compliance with support called upon to cast his vote on four

AUTUMN 2005 /CANADIAN PARLIAMENTARY REVIEW 63 The standings in the House re- 4(1) The membership of the com- tem. Following the education com- main 28 Progressive Conservatives, mittees shall be allocated by the ponent of the process, which will in- Committee on Committees in gen- 26 Liberals, and 1 New Democrat. erally the same proportion as that clude public meetings, Islanders of the recognized political parties will be asked to vote in a plebiscite Shayne Davies in the House itself, if such approach to determine which of the two elec- Clerk Assistant and Committee Clerk is practicable. toral systems they prefer. A date for (2) Notwithstanding subsection the plebiscite has not yet been set. (1), in no case shall the Official Op- Further information, including a position have fewer than two Mem- bers on any one committee, unless complete description of the there are fewer than two members proposed mixed member of the Official Opposition. proportional model, can be found at www.electoralfuture.pe.ca. The report was received and Rebecca Wellner was appointed adopted by the Assembly. The new Prince Edward Island's Information rule provides for a minimum of two and Privacy Commissioner under members of the Official Opposition, the Freedom of Information and Protec- Prince Edward Island if possible, to sit on the various tion of Privacy Act on June 6, 2005. standing committees and reflects The appointment is for a five year n June 7, 2005, the Second Ses- the practice which has been in place term, and is designated as part time. Osion of the Sixty-second Gen- since December 2003. The Commissioner's position eral Assembly was prorogued after In January 2005, the Commission arises out of the Act which was pro- 53 sitting days, a comparatively on PEI's Electoral future was cre- claimed on November 1, 2002. Ms. long Session for Prince Edward Is- ated in response to recommenda- Wellner's role is to attempt to re- land. Records show that only four tions made in the Electoral Reform solve disputes under the Act, to times in the past two decades has a Commission report released in conduct independent reviews of de- Session gone beyond the 50-day 2003. cisions made by public bodies un- mark. der the Act, to resolve complaints During the Session, a total of 56 Commissioners began meeting in March and unveiled a proposed under the Act, to monitor the ad- bills received Royal Assent; 53 mo- ministration of the Act, and to en- tions were tabled; 170 ministerial mixed member proportional model at the end of May. They have sug- sure that the Act's purposes are statements were read; 155 members' achieved. statements made; and 15 reports by gested a two-ballet system. On the Ms. Wellner was called to the Bar the various standing and special first ballot, the representative of the of Prince Edward Island in Decem- committees of the Assembly were local district would be determined ber 1995. She continues to practice tabled. by the first-past-the-post system, as is done currently. A total of 17 local law in the private sector on a part On April 20, 2005, the Standing districts would be contained within time basis in Charlottetown. She is Committee on Privileges, Rules and the boundaries of the four federal also the Co Chair of the Legal Aid Private Bills presented its report to electoral districts. Ten “list” or pro- Committee of the Law Society of the Members of the Legislative As- portional seats would be allocated Prince Edward Island, Treasurer of sembly recommending, among province-wide using the second Collaborative Law PEI, and a regu- other matters, a change to the Rules ballot. On this ballot, electors lar volunteer with various of the Legislative Assembly con- would select the party which they charitable organizations. cerning membership of the various most prefer. The second ballot re- standing and special committees of sults would be used to determine the Legislative Assembly. The pro- the popular vote obtained by each posed amendment was that Rule 4 party. The Commission also has the Marian Johnston of the Rules for Standing and Spe- mandate to conduct an education Clerk Assistant and cial Committees of the Legislative program designed to increase Clerk of Committees Assembly be deleted and the among the general public an aware- following substituted: ness of the present first-past- the-post system and the proposed mixed member proportional sys-

64 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005 equality for men and women has rights of Aboriginal women on been significant. In recent years as reserve to their share of the matri- well, the Senate has been instru- monial property. In its Seventeenth mental in changing federal laws to Report, tabled on May 10, the Com- include sexual orientation as a pro- mittee urged the House of Com- hibitive ground of discrimination. mons Committee and the Although debate on same-sex is- Department of Indian Affairs and sues has sometimes been conten- Northern Development to take im- tious, the Senate has stood united in mediate and decisive action on this its desire to present a balanced view important issue. On May 17, the on human rights and debate on Bill Human Rights Committee tabled its Senate C-38, which changes the traditional Eighteenth Report. Updating its re- definition of marriage to include view of Canada's international and hen the Senate received two same-sex couples, was no excep- national human rights obligations, Wimportant Government bills tion. At issue was the reconciliation the Committee called once more for from the House of Commons late in of equality rights with the right to Canada's ratification of the June, it became necessary to sit be- freedom of conscience and religion. American Convention on Human yond the usual time of summer ad- Opinions ranged from those who Rights. journment. The passage of these argued for the right of gay and les- The Senate approved a Conflict of two bills, C-48 and C-38, were not bian people to civil marriages to Interest Code for Senators with the only critical to the stability of the those who contended the bill did adoption of the Third Report of the minority Government but contro- not adequately protect the right of Rules, Procedures and the Rights of versial and their consideration oc- churches to maintain the traditional Parliament Committee on May 18. cupied the Senate until mid July. view of marriage. Forty-one Sena- The Code is to be administered by Bill C-48, which proposed addi- tors took part in second and third the Senate Ethics Officer, whose po- tional spending in social areas from reading debate and in the end, after sition was established in Bill C-4, an budgetary surplus funds, had come exhaustive consideration, passed amendment to the Parliament of Can- about as a result of an agreement be- the bill late on July 19. The following ada Act, assented to in March 2004. tween the Liberal and the New day, on July 20, the Chief Justice of The Senate has already approved Democratic parties in the House of the Supreme Court of Canada the appointment of Jean. T. Commons. Conservative members signified Royal Assent by written Fournier to this new position. of the Senate National Finance declaration. Two reports were released by the Committee recorded their opposi- In addition to Bills C-48 and C-38, National Finance Committee on tion to the bill in a minority report nineteen other bills received Royal May 19. The Eleventh summarized appended to the committee report Assent by written declaration on the Committee's review of the fed- presented to the Senate on July 18. five separate occasions. Of note was eral government's use of founda- Although the Conservative Sena- the enactment of Bill S-18, an tions as vehicles for implementing tors strongly objected to the lack of amendment to the Statistics Act for it policy and questions raised by the transparency and accountability, represents the successful passage of Auditor General about how the the bill was passed by the Senate legislation, after several attempts in government accounts for the trans- and received Royal Assent by recent years, that would allow for fer of funds to foundations. During written declaration on July 20. the release of post-1901 census its study of the 2004-2005 Estimates, In keeping with its perceived con- records after 92 years. the Committee reviewed the stitutional role to protect the rights Committees planned expenditures of the Audi- of minorities, the Senate has the re- tor General, Chief Electoral Officer, Privacy Commissioner, Informa- sponsibility to shape legislation The Human Rights Committee tion Commissioner and Commis- consistent with the values en- called for government action in two sioner of Official Languages. In its shrined in the Charter of Rights and reports released during the spring The Twelfth Report, the National Fi- Freedoms. The contribution of the of 2005. The Committee raised seri- nance Committee highlighted simi- Senate over the years in ensuring ous concerns about delays in the im- larities in the budget determination the rights of minority language plementation of recommendations groups, aboriginal peoples and made in its 2003 report about the

AUTUMN 2005 /CANADIAN PARLIAMENTARY REVIEW 65 process of these Officers of Committee's study on the applica- and not in order. In accordance with Parliament. tion of the Official Languages Act. Senate practice, a delayed response Since 2003 when Bovine Canadian security has been the should be tabled, even if a request is Spongiform Encephalopathy (BSE) subject of a series of reports released made to repeat it orally. was discovered in Canada, the Ag- by the National Security and De- Senator Willie Adams rose on a riculture and Forestry Committee fence Committee since the terrorist point of order just as third reading has been studying its effects on the attacks in the United States in 2001. debate on Bill C-15, an amendment Canadian cattle industry. The Com- On June 14, the Committee tabled to the Migratory Birds Convention mittee's most recent report entitled “Borderline Insecure”, the product Act, 1994 and the Canadian Environ- “Cattle Slaughter Capacity in Can- of more than three years of investi- mental Protection Act, 1999 was ada”, is a follow-up to another re- gating how Canada handles secu- about to begin on May 18. He ar- port tabled in April 2004 which rity at Canadian-U.S. border gued that the bill was not properly focussed on the need to increase crossings. Stationing and maintain- before the Senate because the En- meat processing capacity in Can- ing an RCMP presence at all cross- ergy, the Environment and Natural ada. In its Seventh Report, tabled on ings was one of twenty-six Resources Committee had dis- May 19, the Committee outlines the recommendations to the pensed with a clause-by-clause North American packing industry government contained in this study of the bill. After lengthy de- and reviews the government's report. bate, the Speaker pro tempore gave strategy to build new packing The Fifteenth Report of the Bank- her ruling. She agreed the motion to capacity. ing, Trade and Commerce Commit- dispense with clause-by-clause On May 19, the Fisheries and tee entitled “Falling Behind: consideration of the bill was irregu- Oceans Committee released “Can- Answering the Wakeup Call, What lar because it had the effect of pre- ada's New and Evolving Policy Can Be Done To Improve Canada's venting members of the Committee Framework for Managing Fisheries Productivity Performance” was ta- from being able to move amend- and Oceans”, an interim report on bled in the Senate on June 22. In it, ments. However, since committees its study of the adverse effects of the Committee recommends the de- are regarded as masters of their changes on coastal communities velopment and implementation of a own proceedings and the Speaker and their inhabitants. The Commit- comprehensive plan to enhance could not undo decisions that had tee recommended additional fund- productivity and competitiveness been taken by the Committee, there ing to the Department of Fisheries in Canada and the creation of a Pro- was no point of order. and Oceans and a delay in imple- ductivity Forum to monitor federal On June 28, when Senator Bill menting a new fisheries productivity initiatives. Rompkey, Deputy Leader of the Government sought to move a mo- management system. Speaker's Rulings A Second Interim Report of the tion for the Senate to adjourn to the call of the chair to receive the Royal Energy, the Environment and Natu- Following Question Period on April ral Resources Committee was ta- Assent letters, Senator Noël A. 19, and just after the Leader of the Kinsella, Leader of the Opposition, bled on June 14. Entitled Government had provided a verbal “Sustainable Development: It's rose to object. It was his opinion that response to a delayed answer, Sena- the motion required leave or unani- Time to Walk the Talk”, the report tor Gerry St. Germain rose on a strongly recommends decisive ac- mous consent since it was not a point of order with an objection. It standard adjournment motion. The tion by the government to make sus- was his understanding that delayed tainable development a priority. Speaker agreed and ruled it was answers were to be provided for ta- Senate practice to require leave for Also on June 14, the Official Lan- bling in written form only, usually this type of motion. guages Committee tabled its Sixth by the Deputy Leader of the Gov- During third reading of Bill C-38 Report “French-Language Educa- ernment. In his defence, the Gov- on July 19, Senator Eymard Corbin tion in a Minority Setting: A Contin- ernment Leader explained that he rose on a point of order to object to uum from Early Childhood to the thought oral answers were accept- the practice of using lists as a guide Postsecondary Level”. This report able because it gave the Opposition for the Speaker to recognize Sena- identifies areas for improvement in a chance to ask a further question. In tors who wish to participate in de- the delivery of a continuous educa- his ruling on May 3, the Speaker bate. In his ruling the following day, tion in French. It is the latest in the agreed that what had occurred was the Speaker noted the function of a departure from the usual custom

66 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005 the informal lists to facilitate the last 30 sitting days, the 30th sitting that the authority of the House had conduct of business. They are not day to be May 17, 2004. not been adversely affected by the meant to limit the right of any Sena- Government Legislation government's action. The Speaker tor who wishes to speak during de- concluded that, “No matter what bate. For this reason, the Speaker announcements the government Five government bills were intro- ruled there was no point of order. makes outside this House all appro- duced during this Sitting. These priations have to be submitted to, Milestones bills were: • Bill No. 13, Third Appropriation and passed by, this Assembly be- fore they become law and the gov- Two women retired from the Sen- Act, 2004-05 ernment acquires the lawful ate. Viola Léger, an Acadian actor • Bill No. 14, Interim Supply Appro- authority to spend those appropria- from New Brunswick on June 29 priation Act, 2005-06 tions.” and Isobel Finnerty, a former exec- • Bill No. 15, First Appropriation Act, utive director of the Liberal Party of 2005-06 As for the dignity of the House the Speaker found significant dif- Canada in Ontario on July 15. Both • Bill No. 55, Miscellaneous Statute ferences between the actions taken women had reached the mandatory Law Amendment Act, 2005 retirement age of 75 years. Cur- by the Government of Ontario in • Bill No. 56, Dawson Municipal rently, there are 36 women in the 2003 and the Government of Yukon Governance Restoration Act in 2005: Senate. Bill No. 14 received assent on In the case ruled upon by Speaker March 31; the other four bills re- Mary Mussell Carr the Government of Ontario di- ceived assent on May 17. Journals Branch vulged its entire budget outside the Question of Privilege Assembly. The announcement, equivalent to the Yukon finance On the opening day of the Sitting minister's second reading speech on Pat Duncan (Porter Creek South, the main appropriation act, was Liberal) rose on a Question of Privi- held in, and televised from, a pri- lege. At issue was the government's vate facility outside the assembly. divulging of budget-related infor- Prior to the announcement the gov- mation in advance of the presenta- ernment also conducted a media tion of the 2005-06 estimates in the lock-up and released the budget pa- Yukon Assembly. This, Ms. Duncan ar- pers to the media and the public. gued, constituted a contempt of the Members of the Assembly were in- he 2005 Spring Sitting of the Yu- Assembly. Those familiar with the vited to the budget announcement. Tkon Legislative Assembly be- situation that developed in Ontario All this took place six weeks before gan on March 24. Pursuant to in 2003 will understand the issue the Assembly reconvened. Standing Order 74 the government presented in Yukon. In fact Ms. The effect of these actions was to introduced all the bills it wanted to Duncan, in presenting her case to marginalize the Assembly in the see dealt with during this sitting by the Assembly, relied heavily on the budget process. Speaker Carr also the fifth sitting day, April 4. Subse- argument presented by the former noted that this process exposed the quently, pursuant to Standing Or- member for Renfrew-Nipissing- Assembly to a large volume of pub- der 75, the three House leaders met Pembroke, Sean Conway, and the lic ridicule. This, to Speaker Carr, to determine the length of the sit- ruling of Ontario's then-Speaker, added up to an apparent contempt ting. On April 6 the government Gary Carr. of the Assembly. House leader, Peter Jenkins In this case, however, Speaker There were some significant dif- (Klondike, Yukon Party) informed Staffen, did not find a prima facie ferences between the situations in the Assembly that the House lead- case of contempt. In his ruling the Yukon and in Ontario. Important ers could not reach agreement on Speaker accepted the definition of information about the govern- the length of the sitting. As a result contempt offered by Joseph ment's proposed appropriations the Speaker, Ted Staffen, declared, Maingot in Parliamentary Privilege in were made public before the House pursuant to Standing Order 75(3), Canada as “an offence against the reconvened. However, most of the that the 2005 Spring Sitting would authority and dignity of the house.” spending priorities subsequently However Speaker Staffen found announced by the Premier had not

AUTUMN 2005 /CANADIAN PARLIAMENTARY REVIEW 67 been made public. The entire bud- ing estimated for the coming fiscal While the government and oppo- get speech was delivered for the year. sition took conflicting positions on first time in this House, as it always After 11.5 hours of debate the bill the need for electoral reform both is, and Members of the Assembly received second reading and, in sides took up the issue of legislative were in their places by right of their keeping with standard practice in renewal. On April 14 Mr. Hardy in- election, not as the invited guests of the Yukon Legislative Assembly, troduced and received first reading the government. Also, the papers was referred to Committee of the for Bill No. 108, Legislative Renewal that accompany the budget bill Whole. After a further 63.5 hours of Act. The bill seeks to establish a spe- were not released to the public in department-by-department debate cial committee of the assembly to advance of the moving of the mo- Committee of the Whole reported conduct public consultations re- tion for second reading of Bill Num- the bill to the Assembly without garding the operations of the Legis- ber 15 [First Appropriation Act, amendment on May 17. Bill No. 15 lative Assembly and its committees. 2005-06]. The lock-ups for opposi- received third reading and assent On April 18 Mr. Hardy also gave tion members and the media took the same day. notice of a private member's motion place in the usual fashion. Electoral and Legislative Reform on the same subject. The bill and the While he found no prima facie case motion revive issues Mr. Hardy raised in Bill No. 107, Democratic Re- of contempt the Speaker stated that: On April 13 Premier Fentie tabled form Act, which was defeated at sec- the issue is not settled for all the Final Report of the govern- time. The Chair believes that it ond reading on December 1, 2004. ment's senior advisor on electoral is the extent and manner of the Neither Bill No. 108 nor the private budget release in Ontario that reform, Ken McKinnon. For a vari- member's motion have been called inspired Speaker Carr's ruling. ety of reasons Mr. McKinnon rec- Should the extent and manner for further debate. of pre-budget releases in Yu- ommended against proceeding kon become more elaborate with electoral reform, leaving open Also on April 14 Patrick Rouble the Chair might legitimately the possibility that such an initiative (Southern Lakes, Yukon Party), be called upon to revisit this is- gave notice of a private members' sue as a matter of contempt. could take place in the future if The Chair might reach a differ- Yukoners indicated a desire for it. motion that called upon the Stand- ent conclusion at that time. Instead he suggested that the Legis- ing Committee on Rules, Elections In closing his ruling Speaker lative Assembly undertake “mean- and Privileges (SCREP) to make Staffen advised the government ingful and far-reaching legislative recommendations on a code of con- that it should: renewal” for which he claimed duct and decorum for members to take care in how it announces there was “universal support” in follow in the Assembly. This mo- its intention for spending tion was debated on April 20. Dur- money that the House has yet Yukon. to appropriate. In researching Premier Fentie expressed support ing the course of debate Gary this ruling the Chair noted that for Mr. McKinnon's conclusions. McRobb (Kluane, NDP) proposed, not all government news re- by way of amendment, that this re- leases acknowledged that such Opposition members took issue spending was subject to the with Mr. McKinnon's conclusions sponsibility be transferred from approval of the legislature. regarding the need and desire for SCREP to a special committee of the The Chair believes this state- assembly and that such a committee ment should be included in all electoral reform. They also ques- such statements to ensure that tioned the process Mr. McKinnon conduct public consultations. The the assembly's authority is re- followed in preparing his report; amendment was defeated and de- spected, its dignity is pro- bate on the motion concluded at the tected and the public is specifically with what they saw as a properly informed. lack of public input. In response the normal hour of adjournment. On April 27 another government Budget address leader of the official opposition, Todd Hardy gave notice of a private private member, Brad Cathers member's motion on April 19. The (Lake Laberge, Yukon Party), gave Immediately after Ms. Duncan put motion, which has yet to be de- notice of another private members' her question of privilege before the bated, proposed the establishment motion on the subject of legislative assembly the Premier and Finance of an electoral reform commission renewal. This motion adopted the Minister, Dennis Fentie initiated to conduct a public review of the idea of public consultations, but still second reading of Bill No. 15 by giv- method used to elect members to left the conduct of such consulta- ing the budget address for 2005-06. the Yukon Legislative Assembly. tions in the hands of SCREP. That This budget is the largest in Yukon's motion has yet to be debated. history with $784 million in spend-

68 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005 Potential Expulsion of Member counts, presented the committee's services designed to foster the second report to the Assembly. This economic and social self-suffi- On May 13 Haakon Arntzen ciency of persons and families report arose from public hearings and to encourage persons to en- (Copperbelt, Independent) was held November 19, 2004. The report gage in activities that promote convicted of three counts of inde- contained no new recommenda- their social integration, their en- cent assault. The charges, laid in tions; it was a follow up to hearings try on the labour market and their April 2004, related to incidents that held in February 2004. active participation in society; occurred in the 1970s and 1980s. The committee also held public • Bill 95, An Act to amend various leg- The following sitting day, May hearings on February 8 and 9, 2005. islative provisions of a confessional 16, Mr. Hardy sought the unani- At that time witnesses representing nature in the education field, which mous consent of the Assembly, un- strikes out all provisions of a con- the Yukon Development Corpora- fessional nature, as of July 1, 2008, der Standing Order 28, to move a tion appeared to answer questions contained in the Education Act; motion of urgent and pressing ne- from the committee regarding two • cessity. The motion called upon Mr. Bill 112, An Act to amend the To- reports prepared by the Office of the bacco Act and other legislative provi- Arntzen to resign his seat so that a Auditor General of Canada. These sions, which further prohibits by-election could be held in time for reports related to two projects un- smoking in places where smok- the 2005 Fall Sitting. Mr. Arntzen der the auspices of the YDC – the ing was not, until now, prohib- was not present but unanimous Energy Solutions Centre and the ited under the Tobacco Act and consent was denied as government which comes into force on May construction of an electric power 31, 2006. members voiced their disagree- transmission line from Mayo to ment. At that time Premier Fentie Dawson City – that incurred signifi- Composition said Mr. Hardy's motion was pre- cant financial and operational prob- mature as Mr. Arntzen had yet to be lems. A report on these hearings is At the Parti Québécois' National sentenced or indicate whether he being prepared. Convention, the Leader of the Offi- planned to appeal the verdict. cial Opposition at the National As- While the motion was not de- Floyd McCormick sembly, Bernard Landry, obtained bated on that day the issue is not set- Deputy Clerk the confidence of 76.2 percent of the tled. Mr. Arntzen is to be sentenced delegates. Having judged this sup- in September and then has 30 days port to be unsatisfactory to remain to give notice of his intention to ap- in office, Mr. Landry then an- peal, should he decide to do so. He nounced his resignation as Leader has said he is contemplating his po- of the Parti Québécois and as Mem- litical future, but given no indica- ber for Verchères, beginning on tion if, or under what June 6, 2005. Louise Harel,the circumstances, he would resign his Member for Hochelaga- seat. Since the conclusion of the Maisonneuve, was named parlia- Spring Sitting opposition members ast June 16, the Assembly ad- mentary Leader of the Official Op- and local editorialists have urged Ljourned its proceedings until position from this date on. Mr. Arntzen to resign or, failing Tuesday, October 18, 2005. During The composition of the Assembly that, for the Premier to support his the spring parliamentary session, stands as follows: Liberal Party, 72 expulsion. The Premier has indi- the Assembly adopted the Govern- Members; Parti Québécois, 45 cated that he will allow the legal ment's budget policy as well as 31 Members; Independent, 6 Mem- system to run its course before tak- public bills and 7 private bills. bers, 5 of which are from the Action ing any action. However, he has Among the bills adopted, the fol- Démocratique du Québec; 2 vacant said, once that occurs, he expects lowing should be mentioned: seats. On May 26, 2005, Yves Mr. Arntzen to “make the right Séguin announced his resignation • decision. If not, we will.” Bill 38, An Act respecting the Health as Member for Outremont. and Welfare Commissioner, which Standing Committee on Public provides for the appointment of a Rulings and Directives from the Accounts Health and Welfare Commis- Chair sioner by the Government; On May 9 Mr. Hardy, as Chair of the • Bill 57, Individual and Family Assis- On June 10, 2005, Stéphane Bédard, Standing Committee on Public Ac- tance Act, whose purpose is to im- Deputy Opposition House Leader, plement measures, programs and requested the holding of an urgent

AUTUMN 2005 /CANADIAN PARLIAMENTARY REVIEW 69 debate on the Supreme Court of France and Europe?.Furthermore, right to vote and to be eligible as Canada decision which concluded the parliamentarians met with a se- candidates, former Members of the that the Québec statutes regarding ries of French experts on internal se- 37th Legislature were honoured private health insurance go against curity to discuss the impact of the during a commemorative cere- the provisions of the Québec Charter events that took place on September mony held last April 19. of Human Rights and Freedoms. 11, 2001, on security measures. They A ceremony was held on May 24 The President deemed this re- also launched the “france-que- to mark the end of the reconstitu- quest receivable for the following bec.org” Internet site, which is a fo- tion of the debates prior to 1963. reasons: The request concerned a rum for exchanges and information This project, which was initiated by specific matter, of special impor- devoted to interparliamentary rela- the Library of the National Assem- tance and which fell within the ju- tions between the French senators bly in 1973, has thus far enabled the risdiction of the Assembly. and Québec Members. publication of 62 sessions and the Notwithstanding the fact that when Pedagogical Activities on-line publication of 21 others. the Assembly has extended hours of From June 14 to August 26, 2005, meeting priority must be given to Over 250 high school and col- the Library of the National Assem- the legislative business of Govern- lege-level students tested their bly presented an exhibition entitled ment, there were no upcoming op- knowledge on the evolution of de- Parliamentarians in caricature. Visi- portunities to discuss the matter, mocracy in the world and more spe- tors had the opportunity to relive since all other procedures permit- cifically in Québec's parliamentary with a touch of humour important ting the holding of such a debate institutions during the 13th edition events in the local and national his- were not applicable during this pe- of the Young Democrats' Tourna- tory of Québec with some of the best riod. ment, which was held from April 15 caricatures of former parliamentari- Interparliamentary Relations to 17, 2005. ans or Members of the current Leg- On May 13 125 sixth-grade ele- islature. On April 20 and 21 the Assembly re- mentary students took part in the ceived the members of the Commit- 9th legislature of the Pupils' Parlia- Manon Voyer tee on Education, Communications ment. The student-Members exam- Secretariat of the Assembly andCulturalAffairsofthe ined three legislative acts reflecting Assemblée parlementaire de la their concerns: An Act to establish a Standing Committees Francophonie. Among the topics “sport school" programme in all ele- discussed were cultural diversity mentary schools for second and third Last June 15 the standing commit- and the fight against AIDS. On this cycle students; An Act obliging elemen- tees elected their respective chair- occasion, the President of the Na- tary schools to require that all elemen- men and vice-chairmen, since their tional Assembly of Québec, Michel tary students wear a uniform; and An two-year term of office had come to Bissonnet, was awarded the rank of Act obliging public elementary schools an end. All chairmen and Grand Croix, the highest distinction to develop naturalized schoolyards. The vice-chairmen were re-elected and of the Ordre de la Pléiade, and the President of the National Assembly resumed their duties, with the ex- Secretary General of the Assembly, tabled these legislative acts at the ception of Mrs. Harel, the Member François Côté, that of Officer. sitting of June 2, 2005, and noted for Hochelaga-Maisonneuve, who At the end of June, President that the student-Members had left the chairmanship of the Com- Bissonnet headed a delegation of passed the bill establishing a “sport mittee on Transportation and the Québec parliamentarians on a mis- school” programme in elementary Environment to become interim sion to the Senate of the French Re- schools. Leader of the Official Opposition. public. Within the framework of Other Activities Claude Pinard,theMemberfor this mission, the Québec Members Saint-Maurice, is now chairman of and French Senators discussed the “The King wills it”. These are the this committee. evolution of France within the Euro- terms used by the Lieutenant-Gov- Reports containing observations, pean Union, particularly during a ernor of Québec upon giving royal conclusions and debate organized by the Nouvelle recommendations assent, on April 25, 1940, to the bill République organization and granting to women the right to vote. whose theme was One month after Three committees tabled reports On the occasion of the 65th anniver- the referendum: What lessons for containing recommendations sary of the recognition of women's

70 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005 within the framework of orders of MUNIQUES/comm_263.htm (in social services institution, to a initiative. First, on June 14 2005, the French only). building of a general and vocational Committee on Planning and the Last June 14, the Committee on college or a university or to a facility Public Domain tabled its report fol- Culture, within the framework of of a childcare centre. This bill was lowing the examination of the ori- the order of initiative on the diver- passed on June 16, 2005, by the Na- entation, activities and sity of cultural expressions which it tional Assembly of Québec and will management of the Société carried out in April 2005, tabled an come into force on May 31, 2006. d'habitation du Québec (SHQ). The interim report containing several Select Committee Committee makes close to a dozen observations. The tabling of interim recommendations aiming espe- reports is rarely done at the Na- On the eve of the adjournment of cially to improve the annual man- tional Assembly; the Committee proceedings for the summer holi- agement report and the strategic opted for this procedure since it in- days, the National Assembly car- plan of the SHQ. These recommen- tends to continue its proceedings on ried a motion to establish a select dations may be accessed at the fol- this matter in autumn 2005. The committee to examine the draft bill lowing address: members intend to monitor the state replacing the Election Act.Other http://www.assnat.qc.ca/fra/comm of negotiations at UNESCO regard- than the fact that it is a select com- uniques/comm_261.htm (in French ing the Convention on the Protec- mittee, the fourth in over twenty only). tion and Promotion of the Diversity years, this motion includes several On June 15, 2005, the Committee of Cultural Contents and Artistic other special characteristics. First, it on Education tabled a report within Expressions and to report thereon to is a travelling committee that will the framework of a statutory order the Assembly. This mandate falls visit several cities throughout Qué- to hear the head officers of universi- under the Act respecting the Ministère bec. Also, a rather unusual practice, ties, pursuant to the provisions of des Relations internationales,which it will be accompanied, for the dura- the Act respecting educational institu- stipulates that all major agreements tion of the public hearings, by a citi- tions at the university level. The report must, to be valid, be approved by zens' committee composed of four contains the summaries of the hear- the National Assembly. men and four women selected by a ings with the 19 institutions, a syn- Legislation random draw. This citizens' com- thesis, observations and two mittee will attend and take part in recommendations. Furthermore, the public consultation sittings, ac- the Committee reiterates the 30 rec- Among the pieces of legislation ex- cording to the terms and conditions ommendations made one year ago amined during the latest intensive established by the select committee, at the conclusion of the general con- session, it should be mentioned and will have the opportunity, at sultation on the future of universi- that, on June 13, 2005, the Commit- the conclusion of proceedings, to ties. tee on Social Affairs completed the clause-by-clause consideration of submit its observations, conclu- Finally, on June 16, 2005, the Bill 112, An Act to amend the Tobacco sions and recommendations Committee on Public Administra- Act and other legislative provisions. thereto. tion tabled its fourteenth report on The main object of this bill is to pro- Moreover, the motion provides the accountability of deputy minis- hibit smoking in places where that the select committee will ini- ters and chief executive officers of smoking was not, until now, pro- tially hold special consultations to public bodies. The Committee hibited under the Tobacco Act. For hear the Chief Electoral Officer and makes 16 recommendations con- example, smoking will no longer be a certain number of experts and rep- cerning more specifically the man- permitted in pubs, taverns, bars and resentatives of the political parties agement of crime-related property, bingo halls, nor will it any longer be authorized. It also provides for the the quality of information on the possible for smoking areas to be holding of a general consultation, performance of the Ministère de designated in such places as restau- which will be preceded by the pub- l'Emploi et de la Solidarité sociale rants, the common areas of shop- lishing of an information booklet for and assistance to students having ping centres, the gaming areas of the purpose of facilitating citizen difficulties. state-owned casinos, bus stations, participation. A summary of this These recommendations may be etc. It also prohibits smoking on booklet will be distributed in all accessed at the following address: school grounds as well as within Québec homes. This select commit- http://www.assnat.qc.ca/fra/COM nine metres from any exterior door tee will also be required to set aside leading to a facility of a health and a period of time to hear the citizens

AUTUMN 2005 /CANADIAN PARLIAMENTARY REVIEW 71 who, though not having submitted committee and Sylvain Simard, the Order of Initiative on Road Safety a brief, will have indicated their in- Member for Richelieu, will be its terest in being heard. This latter re- vice-chairman. Last June, the Committee on Trans- quirement also constitutes an Order of Reference on the portation and the Environment innovation in relation to the usual Religious Heritage gave itself a mandate to examine procedure followed by the standing highwaysafetyinQuébec.This committees of the Québec National The Committee on the National As- mandate specifically focuses on Assembly. sembly authorized the Committee several topics of current interest, The matters to be discussed by the on Culture to hold public hearings such as the use of cellular phones select committee within the frame- this fall in seven main cities of Qué- while driving, senior drivers, work of these consultations concern bec within the framework of its or- young drivers, motorcyclists, safety more particularly: a review of the der of initiative on the religious around construction sites, school voting process as proposed in the heritage. Chaired by Bernard transportation safety, the obliga- draft bill; regional representation; Brodeur, the Member for Shefford, tory use of winter tires and the use the holding of elections on fixed the Committee on Culture aims to of photo-radars. The methods used dates; the electoral map and its revi- use this participatory approach to to improve highway safety will also sion; the pertinence of holding a ref- promote awareness among the pop- be discussed. erendum on the reform of the voting ulation concerning the issues sur- process; measures encouraging the rounding the future of Québec's Marc Painchaud fair representation of women, religious heritage and to encourage Secretariat of committees young people, ethno-cultural mi- the development of innovative so- Translation: Sylvia Ford norities and Native persons in the lutions to ensure its long-term con- Secretariat of the Assembly National Assembly. servation while respecting the François Ouimet, the Member for financial capability of the citizens Marquette, will chair this select and Government.

72 CANADIAN PARLIAMENTARY REVIEW / AUTUMN 2005