Legislative Assembly of Manitoba
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Third Session- Thirty-FifthLegislature of the Legislative Assembly of Manitoba STANDING COMMITTEE on LAW AMENDMENTS 39-40 Elizabeth II Chairperson Mr. Jack Penner Constituencyof Emerson VOL. XLI No.7· 7 p.m., MONDAY, JUNE 22,1992 MG-8048 Printed bythe Office of the a.-.s Printer. Province of Msnltobs ISSN 0713-9586 MANITOBA LEGISLATIVE ASSEMBLY Thlrty·FifthLegislatur e Members, Constituencies and Political Affiliation NAME CONSTITUENCY PARTY. ALCOCK, Reg Osborne Liberal ASHTON, Steve Thompson NDP BARREn, Becky Wellington NDP CARSTAIRS, Sharon River Heights Liberal CERILLI, Marianne Radisson NDP CHEEMA, Guizar The Maples Liberal CHOMIAK, Dave Kildonan NDP CONNERY, Edward Portage Ia Prairie PC CUMMINGS, Glen, Hon. Ste. Rose PC DACOUAY, Louise Seine River PC DERKACH, Leonard, Hon. Roblin-Russell PC DEWAR, Gregory Selkirk NDP DOER, Gary Concordia NDP DOWNEY, James, Hon. Arthur-Virden PC DRIEDGER, Albert, Hon. Steinbach PC DUCHARME, Gerry, Hon. Riel PC EDWARDS, Paul St. James Liberal ENNS, Harry, Hon. Lakeside PC ERNST, Jim, Hon. Charleswood PC EVANS, Ciif Interlake NDP EVANS, Leonard S. Brandon East NDP FILMON, Gary, Hon. Tuxedo PC FINDLAY, Glen, Hon. Springfield PC FRIESEN, Jean Wolseley NDP GAUDRY, Neil St. Boniface Liberal GILLESHAMMER, Harold, Hon. Minnedosa PC HARPER, Elijah Rupertsland NDP HELWER, Edward R. Gimli PC HICKES, George Point Douglas NDP LAMOUREUX, Kevin Inkster Liberal LATHLIN, Oscar The Pas NDP LAURENDEAU, Marcel St. Norbert PC MALOWAY, Jim Elmwood NDP MANNESS, Clayton, Hon. Morris PC MARTINDALE, Doug Burrows NDP McALPINE, Gerry Sturgeon Creek PC McCRAE, James, Hon. Brandon West PC MciNTOSH, Linda,Hon. Assiniboia PC MITCHELSON, Bonnie, Hon. River East PC NEUFELD, Harold Rossmere PC ORCHARD, Donald, Hon. Pembina PC PENNER, Jack Emerson PC PLOHMAN, John Dauphin NDP PRAZNIK, Darren, Hon. Lac du Bonnet PC REID, Daryl Transcona NDP REIMER, Jack Niakwa PC RENDER, Shirley St. Vital PC ROCAN, Denis, Hon. Gladstone PC ROSE, Bob Turtle Mountain PC SANTOS, Conrad Broadway NDP STEFANSON, Eric, Hon. Kirkfield Park PC STORIE, Jerry Flin Aon NDP SVEINSON, Ben La Verendrye PC VODREY, Rosemary, Hon. Fort Garry PC WASYL YCIA-LEIS, Judy St. Johns NDP WOWCHUK, Rosann Swan River NDP 180 LEGISLATIVEASS EMBLY OF MANITOBA THE STANDING COMMITTEEON LAW AMENDMENTS Monday, June 22,1992 nME-7p.m. Ron Schuler, Manitoba Inter-Cultural Council LOCATION -Winnipeg, Manitoba Mary Richard, Manitoba Association for Native CHAIRPERSON -Mr. JackPenner (Emerson) Languages Murray Trachtenberg,The League for Human ATTENDANCE- 11 -QUORUM- 6 Rights B'nai Brith Canada Members of the Committee present: Norma Walker, TheCongress of Black Women Hon. Messrs. Ducharme, Ernst,McCrae , Hon. Mrs. Mitchelson Art Miki, Private Citizen Messrs. Chomiak, Ms. Friesen, Messrs. Mohinder Singh Dhillon, Private Citizen Gaudry, Lamoureux, McAlpine, Orchard, Amar Singh Dhalliwal, Punjabi Seniors Penner Association *Substitutions: WRITTENSUBMISSI ONS: Ms. Cerilli for Mr. Chomiak {2006) Catherine Collins, President, McDermot Mr. Santos for Ms. Friesen (2006) SherbrookResidents Association APPEARING: MATTERS UNDER DISCUSSION: Steve Ashton, MLA for Thompson Bill 78-The City of Winnipeg AmendmentAct (3) Marianne Cerilli, MLA for Radisson Bill 98-The Manitoba Multiculturalism Act WITNESSES: *** Bill 78-The City of Winnipeg AmendmentAct (3) LornaCramer, Private Citizen Mr.Chairpers on: Will the standing committee on David Cramer, Private Citizen Law Amendments pleasecome to order. Max Saper, Private Citizen This evening the committee will be resuming consideration of Bill 78, The City of Winnipeg Bill 98-The Manitoba MulticulturalismAct Amendment Act (3), and will also be considering Bill Sidney Green, The Manitoba Progressive 98,The Manitoba Multiculturalism Act. What is the Party will of the committee? Do you want to continue Bat Kapoor, Private Citizen hearing and finish the hearings on Bill 78, The City Paul Kammerloch, Private Citizen of Winnipeg Amendment Act, and then move into Multiculturalism? Okay. Wade Williams, National Black Coalition of Canada There are also a number of other bills, outstanding Bills 86,87, 93 and 97 that could be Lena Anderson, Immigrant Womens' considered after we hear the Multiculturalism Act. Association of Manitoba What is the will ofthe committee? Should we make Arnold Eddy, Private Citizen that decision when we get there? Osmond Anderson, Manitoba Multi-Cultural An Honourable Member: Let us hear all the Resources Centre delegationsfirst. Done Tole, Manitoba Association for the Promotion of Ancestral Languages Mr. Chairperson: Okay. There are presenters on those bills, if we wish to hear them-86, 87, 93 and ljaz Oamar, Private Citizen 97. If we wish to hear them, then we should notify Joseph Reza Fanai, Private Citizen the presenters, that they might be heardtonight. 181 LEGISLATIVE ASSEMBLY OF MANITOBA June 22, 1992 committee? It appears that we have 12 presenters It has been suggestedthat if the amendment gets on Bill 78, and about 30 presenters on Bill 98, and passed, our community councillors will beperm itted it would appear to me that by the time we finish the to make representations at the Board ofAdjustment hearings of those two bills, it might be well into the and during the appeal. I would like to pointout that morning. By the timethe consideration ofclause by our community councillorswould not be required to clause on both bills is finished, we will have had an attend these meetings. Their presence is optional extensive day. So ifthat is the will of the committee, and would only come about at their discretion. we will then hear those bills at the next sittingof the Should they choose to attend, they would not be committee. Is it agreed? Agreed. entitled to vote or adjudicate. Therefore, any Did the committee wish to indicate which bill we recommendations put forth by our councillors are want to consider? Do we want to continuewith Bill not binding in any way whatsoever. 78? Is that agreed? Agreed. We will then By removing theapplication procedures and the continue. appeal procedures from community committees, There are five written submissions on Bill 98 that our councillors' formal responsibilities to the have been received. What is the will of the electorate are removed. Their linkages to the committee? Shouldwe distribute them and accept people, the electors, are attenuated. In effect, our them as distributed and record them in committee councillors are officially relieved of their Hansard? Agreed. responsibilities, and the electors are left with no formal representation. The councillors would lose Could we hear from councillor Bill Clement? Is their accountabilityto theelectors. How then would councillor Bill Clement, city councillor for the community be provided with an officialforum for Charleswood here? He is not here. voicing to its councillors,those who have a vested Councillor Greg Selinger, city councillor for interest in the community and are accountableto us, Tache,is he here? Not here. our concerns, eithercollectively or on an individual Mrs. LornaCramer. Is Mrs. Lorna Cramer here? basis? This is not the kind of representation that our Bill 78-The City of Winnipeg community wants. This is not why we went outto Amendment Act (3) vote. We went out to vote so that our councillors Mrs.Lorna Cramer(Private Citizen) : Yes, I am. would make binding decisions which represent the people who electedthem. Mr. Chairperson: Would you come forward, please? Have you a presentation for distribution? Ifthe amendment gets passed, it wouldpave the way for the introduction of unsuitable enterprises Mrs. Cramer: I have made it available to the into our neighbourhood. I refer to video arcades, secretary. Would you let me know when you want massage parlours, and otherest ablishments of this me to make my statement? kind that are generally unwanted in most residences Mr. Chairperson: Could you come a bit closer? and neighbourhoods. You may proceed. If the amendment gets passed, the City of Mrs.Cramer: All right. Winnipeg could virtually do whatever it choosesto Mr.Chairperson: Okay, you may proceed. do with little regard for the welfare of the people and the communities. * (1910) This is not our idea of democracy. These issues Mrs.Cramer: This is in connectionwith Bill 78, The stand in the way of our accepting the amendment. City of Winnipeg Amendment Act (3), Section We have no choice but to remain in opposition. I 574(2). The interpretation of this section per remind this assembly of people that we have placed explanatory notes to Bill 78, page 6, Part 20, our trust in the hands of our legislators who create Planning and Development, I quote: The existing laws, but we do not need laws that will be used like definition of committee of council is amended to blunt instruments against the people. state that variance and conditional use appeals cannot be heard by community committee. Thank you for listening to me. My statement is as follows. I oppose the Mr. Chairperson: Thank you, Mrs. Cramer. Are amendment for the following reasons. there any questions of Mrs.Cramer? If not, we will June 22, 1992 LEGISLATIVE ASSEMBLY OF MANITOBA 182 proceed to the next presenter, Mr. David Cramer, Headingley, when they seceded from theirdemise private citizen. in the City ofWinnipeg. Mr. Cramer, have you a presentation to Throughout the years, when theCity ofWinnipeg distribute? amalgamated and we had resident advisers, I was Mr. David Cramer (Private Citizen): No, nothing one of the first advisers to be elected in West to distribute, I merely want to corroborate what my Kildonan. I served as aresident adviser for closeto wife has said. I will read a shortstate ment that more 20 years, so I am not strange to the workingsof City or less repeatswhat she said. Council, councillors, committees, amendment committees and appeal committees and so on. Mr.Chairperson : Would you proceed, please? That is why I felt that I did not have to make a written Mr.Cramer: I wish to say that I am opposed to the presentation, because if I did, I would have one12 6 amendment of Bill 78 that will disallow the pages long.