Third Session – Forty-Second Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable Myrna Driedger Speaker Vol. LXXV No. 5 - 1:30 p.m., Wednesday, October 14, 2020 ISSN 0542-5492 MANITOBA LEGISLATIVE ASSEMBLY Forty-Second Legislature Member Constituency Political Affiliation ADAMS, Danielle Thompson NDP ALTOMARE, Nello Transcona NDP ASAGWARA, Uzoma Union Station NDP BRAR, Diljeet Burrows NDP BUSHIE, Ian Keewatinook NDP CLARKE, Eileen, Hon. Agassiz PC COX, Cathy, Hon. Kildonan-River East PC CULLEN, Cliff, Hon. Spruce Woods PC DRIEDGER, Myrna, Hon. Roblin PC EICHLER, Ralph, Hon. Lakeside PC EWASKO, Wayne Lac du Bonnet PC FIELDING, Scott, Hon. Kirkfield Park PC FONTAINE, Nahanni St. Johns NDP FRIESEN, Cameron, Hon. Morden-Winkler PC GERRARD, Jon, Hon. River Heights Lib. GOERTZEN, Kelvin, Hon. Steinbach PC GORDON, Audrey Southdale PC GUENTER, Josh Borderland PC GUILLEMARD, Sarah, Hon. Fort Richmond PC HELWER, Reg, Hon. Brandon West PC ISLEIFSON, Len Brandon East PC JOHNSON, Derek Interlake-Gimli PC JOHNSTON, Scott Assiniboia PC KINEW, Wab Fort Rouge NDP LAGASSÉ, Bob Dawson Trail PC LAGIMODIERE, Alan Selkirk PC LAMONT, Dougald St. Boniface Lib. LAMOUREUX, Cindy Tyndall Park Lib. LATHLIN, Amanda The Pas-Kameesak NDP LINDSEY, Tom Flin Flon NDP MALOWAY, Jim Elmwood NDP MARCELINO, Malaya Notre Dame NDP MARTIN, Shannon McPhillips PC MOSES, Jamie St. Vital NDP MICHALESKI, Brad Dauphin PC MICKLEFIELD, Andrew Rossmere PC MORLEY-LECOMTE, Janice Seine River PC NAYLOR, Lisa Wolseley NDP NESBITT, Greg Riding Mountain PC PALLISTER, Brian, Hon. Fort Whyte PC PEDERSEN, Blaine, Hon. Midland PC PIWNIUK, Doyle Turtle Mountain PC REYES, Jon Waverley PC SALA, Adrien St. James NDP SANDHU, Mintu The Maples NDP SCHULER, Ron, Hon. Springfield-Ritchot PC SMITH, Andrew Lagimodière PC SMITH, Bernadette Point Douglas NDP SMOOK, Dennis La Vérendrye PC SQUIRES, Rochelle, Hon. Riel PC STEFANSON, Heather, Hon. Tuxedo PC TEITSMA, James Radisson PC WASYLIW, Mark Fort Garry NDP WHARTON, Jeff, Hon. Red River North PC WIEBE, Matt Concordia NDP WISHART, Ian Portage la Prairie PC WOWCHUK, Rick Swan River PC 139 LEGISLATIVE ASSEMBLY OF MANITOBA Wednesday, October 14, 2020 The House met at 1:30 p.m. section 5(1), and I quote: "For each fiscal year, the minister responsible for reconciliation must prepare a Madam Speaker: O Eternal and Almighty God, from report about the measures taken by the government to Whom all power and wisdom come, we are assembled advance reconciliation, including the measures taken here before Thee to frame such laws as may tend to to engage Indigenous nations and Indigenous peoples the welfare and prosperity of our province. Grant, O in the reconciliation process and the measures taken merciful God, we pray Thee, that we may desire only to implement the strategy." End quote, Madam that which is in accordance with Thy will, that we may Speaker. seek it with wisdom and know it with certainty and accomplish it perfectly for the glory and honour of And section 5(2) states, and I quote: Tabling Thy name and for the welfare of all our people. Amen. report in Assembly and making public: "Within three months after the end of the fiscal year, the minister Please be seated. must table a copy of the report in the Assembly and MATTER OF PRIVILEGE make it available to the public." End quote, Madam Speaker. Ms. Nahanni Fontaine (St. Johns): Madam Speaker, I rise today on a matter of privilege. It is October 2020, long past three months of the end of the fiscal year-end, and no report has been put I rise at the earliest opportunity, as the breach I before this House. will identify of my privileges was based on a ruling only provided yesterday by yourself, Madam Speaker. (2) Madam Speaker, The Climate and Green Plan I required time to assemble the relevant facts. I believe Act states, at section 5(1), and I quote: "Annual report this shows the first test of the matter of privilege–that on climate and green plan: The minister must prepare I rise at the earliest opportunity–to be met. an annual report on the programs, policies and measures employed in that year to implement the The second test of a matter of privilege–to show climate and green plan." End quote. in what way my privileges as an MLA have been breached–are based on the following, Madam And section 5(7), Tabling report, and I quote: Speaker: my abilities to perform my job as an MLA "The minister must table a copy of the annual report and fundamentally hold this government to account within 15 days after it has been prepared if the has been undermined by the government's flouting of Assembly is sitting or, if it is not, within 15 days after statutory requirements to lay before this House reports the next sitting begins." End quote, Madam Speaker. required by law. The Climate and Green Plan came into force in Madam Speaker, in your ruling yesterday you November 2018. It is October 2020, and no annual stated, and I quote: On the matter of tabling report has been placed before this Assembly since that documents by a minister, Bosc and Gagnon, House of time, Madam Speaker. Commons Procedure and Practice, Third Edition, (3) The Police Services Act states, at section 90, cites a ruling of Speaker Fraser from 1993, which can and I quote: "Within five years after this Act be found on page 443, citation 106. The Speaker ruled comes into force, the minister must undertake a that a prima facie breach of privilege had occurred comprehensive review of it, and must, within one year when the government failed to table a document after the review is undertaken or within such further required by statute in timely matter. time as the Legislative Assembly may allow, submit a This is a key element of finding a prima facie report on the review to the Assembly." End quote, breach of privilege. A member raising the issue must Madam Speaker. identify where in legislation there is a requirement The majority of this act came into force in 2009, that a specific document be tabled in this House. End and the final provisions of the act came into force on quote. June 18th, 2015. As a result, the minister undertook a And so, Madam Speaker, the facts are as comprehensive review of the act and announced this follows: (1) The Path to Reconciliation Act states, in review on May 29th, 2019 in a press release. 140 LEGISLATIVE ASSEMBLY OF MANITOBA October 14, 2020 There has been no report submitted to the Miigwech, Madam Speaker. Assembly from this review. The act states: The Madam Speaker: Before recognizing any other government–and I quote–must within one year after members to speak, I would remind the House that the review is undertaken submit a report on the review remarks at this time by honourable members are to the Assembly. End quote. limited to strictly relevant comments about whether No report has been submitted to this Assembly. the alleged matter of privilege has been raised at the What's more, Madam Speaker, no attempt has been earliest opportunity and whether a prima facie case made to seek further time to submit the report. has been established. What makes the breach of this privilege so Hon. Kelvin Goertzen (Government House egregious is that the Minister of Justice (Mr. Cullen), Leader): I know that yesterday you ruled on a similar the minister responsible for the proper administration matter, and as you've restated now, there are of justice and the following of our laws in Manitoba, two criteria that need to be fulfilled to establish a has ignored the statutory requirements that apply to prima facie case of a matter of privilege. him. The first, as you articulated, Madam Speaker, is In addition, the minister has publicly stated he's that it needs to be raised at the earliest opportunity. actually in possession of a copy of the report but has Clearly we have now been back for a relatively short chosen to fail to present it to the Assembly. time, but certainly we sat yesterday, and the member opposite did not raise this matter yesterday, so I This report is nearly five months overdue at this certainly believe that she failed on the first test of date, Madam Speaker. This flagrant flouting of whether or not it was raised at the earliest opportunity. statutory requirements that apply to this government directly impede my ability–[interjection]–I'll start But in an–or, in a desire and a willingness to work over, Madam Speaker. co-operatively with members, I still take her point. And while I don't accept, or won't at this moment * (13:40) suggest that any of the things that she listed are correct, we certainly will endeavour to look and to This flagrant 'fouting' of the statutory– speak with the respective departments, recognizing [interjection] that this has been unprecedented times. Madam Speaker: Order. And we use that phrase probably more than Ms. Fontaine: –requirements that apply to this people want to hear, Madam Speaker, but over the last government directly impede my ability to do my job seven months we do know that not only ministers and as an MLA and to hold this government accountable. members–all members of the Assembly, I would say– but those who are working within government The facts are clear, Madam Speaker, and so are have been doing an extraordinary work during the procedural authorities. extraordinary times, putting in extraordinary hours to ensure that Manitobans are safe.