First Session - Fortieth Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable Daryl Reid Speaker Vol. LXIV No. 28B - 1:30 p.m., Thursday, May 3, 2012 ISSN 0542-5492 MANITOBA LEGISLATIVE ASSEMBLY Fortieth Legislature Member Constituency Political Affiliation ALLAN, Nancy, Hon. St. Vital NDP ALLUM, James Fort Garry-Riverview NDP ALTEMEYER, Rob Wolseley NDP ASHTON, Steve, Hon. Thompson NDP BJORNSON, Peter, Hon. Gimli NDP BLADY, Sharon Kirkfield Park NDP BRAUN, Erna Rossmere NDP BRIESE, Stuart Agassiz PC CALDWELL, Drew Brandon East NDP CHIEF, Kevin, Hon. Point Douglas NDP CHOMIAK, Dave, Hon. Kildonan NDP CROTHERS, Deanne St. James NDP CULLEN, Cliff Spruce Woods PC DEWAR, Gregory Selkirk NDP DRIEDGER, Myrna Charleswood PC EICHLER, Ralph Lakeside PC EWASKO, Wayne Lac du Bonnet PC FRIESEN, Cameron Morden-Winkler PC GAUDREAU, Dave St. Norbert NDP GERRARD, Jon, Hon. River Heights Liberal GOERTZEN, Kelvin Steinbach PC GRAYDON, Cliff Emerson PC HELWER, Reg Brandon West PC HOWARD, Jennifer, Hon. Fort Rouge NDP IRVIN-ROSS, Kerri, Hon. Fort Richmond NDP JHA, Bidhu Radisson NDP KOSTYSHYN, Ron, Hon. Swan River NDP LEMIEUX, Ron, Hon. Dawson Trail NDP MACKINTOSH, Gord, Hon. St. Johns NDP MAGUIRE, Larry Arthur-Virden PC MALOWAY, Jim Elmwood NDP MARCELINO, Flor, Hon. Logan NDP MARCELINO, Ted Tyndall Park NDP McFADYEN, Hugh Fort Whyte PC MELNICK, Christine, Hon. Riel NDP MITCHELSON, Bonnie River East PC NEVAKSHONOFF, Tom Interlake NDP OSWALD, Theresa, Hon. Seine River NDP PEDERSEN, Blaine Midland PC PETTERSEN, Clarence Flin Flon NDP REID, Daryl, Hon. Transcona NDP ROBINSON, Eric, Hon. Kewatinook NDP RONDEAU, Jim, Hon. Assiniboia NDP ROWAT, Leanne Riding Mountain PC SARAN, Mohinder The Maples NDP SCHULER, Ron St. Paul PC SELBY, Erin, Hon. Southdale NDP SELINGER, Greg, Hon. St. Boniface NDP SMOOK, Dennis La Verendrye PC STEFANSON, Heather Tuxedo PC STRUTHERS, Stan, Hon. Dauphin NDP SWAN, Andrew, Hon. Minto NDP TAILLIEU, Mavis Morris PC WHITEHEAD, Frank The Pas NDP WIEBE, Matt Concordia NDP WIGHT, Melanie Burrows NDP WISHART, Ian Portage la Prairie PC 759 LEGISLATIVE ASSEMBLY OF MANITOBA Thursday, May 3, 2012 The House met at 1:30 p.m. it difficult for people to call for immediate medical assistance if it had been required. Mr. Speaker: Good afternoon, everyone. Please be seated. Local government, businesses, industries and ROUTINE PROCEEDINGS area residents have for years sought a solution to this very serious communications challenge. INTRODUCTION OF BILLS We petition the Legislative Assembly as Bill 21–The Public Schools Amendment Act follows: (Code of Conduct for School Trustees) Hon. Nancy Allan (Minister of Education): I To urge the appropriate provincial government move, seconded by the Minister of Health (Ms. departments to consider working with all Oswald), that Bill 21, The Public Schools stakeholders to develop a strategy to swiftly address Amendment Act (Code of Conduct for School the serious challenges posed by the limited cellular Trustees); Loi modifiant la Loi sur les écoles phone service in southeastern Manitoba in order to publiques (code de conduite à l'intention des ensure that peeper–people and property can be better commissionnaires d'écoles), be now read a first time. protected in the future. Motion presented. And this petition is signed by S. Rettaler, R. Preteau and P. Carriere and many, many more fine Ms. Allan: I'm very pleased, Mr. Speaker, to Manitobans. introduce this legislation. This legislation will require school boards to adopt codes of conduct for Mr. Speaker: In accordance with our rule 132(6), trustees and will allow school boards to discipline when petitions are read they are deemed to have been trustees who breach the code of conduct. Thank you received by the House. very much. Personal Care Homes and Long-Term Mr. Speaker: Is it the pleasure of the House to adopt Care–Steinbach the motion? [Agreed] Mr. Kelvin Goertzen (Steinbach): Good afternoon, PETITIONS Mr. Speaker. I wish to present the following petition Cellular Phone Service in Southeastern Manitoba to the Legislative Assembly. Mr. Cliff Graydon (Emerson): I wish to present the These are the reasons for this petition: following petition to the Legislative Assembly. The city of Steinbach is one of the fastest And the background to this petition is–follows: growing communities in Manitoba and one of the During early October 2011, parts of southeastern largest cities in the province. Manitoba were hard hit by wildfires. Thanks to the This growth has resulted in pressure on a swift action of provincial and municipal officials, number of important services, including personal including 27 different fire departments and countless care homes and long-term care space in the city. volunteers, no lives were lost and property damage was limited. Many long-time residents of the city of However, the fight against wildfires reinforced Steinbach have been forced to live out their final the shortcomings with the communications system in years outside of Steinbach because of the shortage of the region, specifically the gaps in cellular phone personal care homes and long-term care facilities. service. Individuals who have lived in, worked in, and These gaps made it difficult to co-ordinate contributed to the city of Steinbach their entire lives firefighting efforts and to notify people that they had should not be forced to spend their final years in a to be evacuated. The situation also would have made place far from friends and family. 760 LEGISLATIVE ASSEMBLY OF MANITOBA May 3, 2012 We petition the Legislative Assembly of ORAL QUESTIONS Manitoba as follows: Election Campaign (2011) To request the Minister of Health to ensure Regulation Breaches by Government additional personal care homes and long-term care Mr. Hugh McFadyen (Leader of the Official spaces are made available in the city of Steinbach on Opposition): Day after day in this House, the a priority basis. government and members of the opposition introduce bills and laws that govern the conduct of Mr. Speaker, this is signed by E. Reimer, G. regular Manitobans. Giesbrecht, M. Bergmann and thousands of other Manitobans. I want to ask the Premier whether he believes that the laws that are introduced and passed in this Mr. Speaker: Committee report–oh, sorry. House apply to himself and his ministers, or do they only apply to regular Manitobans? Hon. Dave Chomiak (Minister of Innovation, Energy and Mines): Mr. Speaker, I would like to Hon. Greg Selinger (Premier): Mr. Speaker, that's ask leave of the House to return to introduction of a very broad question, but we do operate under the bills, if that would be possible, please. rule of law in this country, and I see–I've seen no deviation of that recently. Mr. Speaker: Is there leave of the House to return to Mr. McFadyen: Mr. Speaker, it wasn't a trick introduction of bills? question. The question was whether the Premier believes the law applies to him and his ministers. We An Honourable Member: No. had an example of his Minister of Health (Ms. An Honourable Member: Agreed. Oswald) who has breached The Elections Act, according to the commissioner. They–the–they had Mr. Speaker: I've heard a no. Leave has been a–the minister had the opportunity yesterday during denied. ministerial statements to rise in the House, explain what happened, and to apologize; that didn't happen. TABLING OF REPORTS A second opportunity arose today for the Hon. Gord Mackintosh (Minister of Conservation minister to rise during ministerial statements, explain and Water Stewardship): I'd like to table the what happened, apologize, and take responsibility for Manitoba Clean Environment Commission annual the breach of the law. It's a very serious issue. The report '11-12, please. Attorney General's (Mr. Swan) bringing in bills; other members bring in bills. They expect everybody Hon. Andrew Swan (Minister of Justice and else to live by those bills, and yet we have a Minister Attorney General): I am pleased to table the of Health who, apparently, is allowed to break the Manitoba Justice, Supplementary Information for law with zero consequences. Legislative Review 2012-2013, Departmental Expenditure Estimates. So I want to ask the Premier again: Does the law apply to him and his ministers, or is it just for Mr. Speaker: Any further tabling of reports? Seeing everybody else in the province? none. Mr. Selinger: As I said in my first response, Mr. Introduction of Guests Speaker, the rule of law applies everywhere in Canada, and there's no deviation from that here in Mr. Speaker: Prior to oral questions, I'd like to draw Manitoba. the attention of the honourable members of the Assembly to our public gallery where we have 35 The members knows full well that the elections grade 5 students from École Belmont under the Manitoba act was brought in to ensure greater direction of Ms. Shelley Maslow and Ms. Jennifer transparency and fairness in the way we conduct DeClercq. This group is located in the constituency elections in Manitoba. It does cover a period called of the honourable Minister of Justice (Mr. Swan). the pre-electoral period of up to 90 days. There was an unintentional infraction of that, for which the On behalf of all honourable members, we members have taken full responsibility, and all welcome you here today. members on this side of the House accept full May 3, 2012 LEGISLATIVE ASSEMBLY OF MANITOBA 761 responsibility of that, and we will take that ruling by expect Manitobans to believe that she had no idea the elections commissioner as guidance in future she was breaking the law that she helped create? behaviour. Will she do the honourable thing today and * (13:40) resign, Mr. Speaker? Call for Minister's Resignation Hon.