Second Session - Thirty-Sixth Legislature of the Legislative Assembly of Manitoba Standing Committee on Law Amendments Chairperson Mr. David Newman Constituency of Riel Vol. XLVI No. 13-6 p.m., Monday, October 28, 1996 MANITOBA LEGISLATIVE ASSEMBLY Thirty-Sixth Legislature Mem1Ders1 Constituencies and Political AtTiliation Name Coostih•enc)' � ASHTON, Steve Thompson N.D.P. BARRETT, Becky Wellington N.D.P. CERILLI, Marianne Radisson N.D.P. CHOMIAK, Dave Kildonan N.D.P. CUMMINGS, Glen, Hon. Ste. Rose P.C. DACQUAY, Louise, Hon. Seine River P.C. DERKACH, Leonard, Hon. Roblin-Russell P.C. DEWAR, Gregory Selkirk N.D.P. DOER, Gary Concordia N.D.P. DOWNEY, James, Hon. Anhur-Virden P.C. DRIEDGER, Albert, Hon. Steinbach P.C. DYCK, Peter Pembina P.C. ENNS, Harry, Hon. Lakeside P.C. ERNST, Jim, Hon. Charleswood P.C. EVANS, Clif Interlake N.D.P. EVANS, Leonard S. Brandon East N.D.P. FILMON·, Gary, Hon. Tuxedo P.C. FINDLAY, Glen, Hon. Springfield P.C. FRIESEN, Jean Wolseley N.D.P. GAUDRY, Neil St. Boniface Lib. GILLESHAMMER, Harold, Hon. Minnedosa P.C. HELWER, Edward Gimli P.C. HICKES, George Point Douglas N.D.P. JENNISSEN, Gerard Flin Flon N.D.P. KOWALSKI, Gary The Maples Lib. LAMOUREUX, Kevin Inkster Lib. LATHLIN, Oscar The Pas N.D.P. LAURENDEAU, Marcel St. Norbert P.C. MACKINTOSH, Gord St. Johns N.D.P. MALOWA Y, Jim Elmwood N.D.P. MARTINDALE, Doug Burrows N.D.P. McALPINE, Gerry Sturgeon Creek P.C. McCRAE, James, Hon. Brandon West P.C. McGIFFORD, Diane Osborne N.D.P. MciNTOSH, Linda, Hon. Assiniboia P.C. - MIHYCHUK, MaryAnn St. James N.D.P. MITCHELSON, Bonnie, Hon. River East P.C. NEWMAN, David Riel P.C. PALLISTER, Brian, Hon. Portage Ia Prairie P.C. PENNER, Jack Emerson P.C. PITURA, Frank Morris P.C. PRAZNIK, Darren, Hon. Lac du Bonnet P.C. RADCLIFFE, Mike River Heights P.C. REID, Daryl Transcona N.D.P. REIMER, Jack, Hon. Nia.kwa PC. RENDER, Shirley St. Vital P.C. ROBINSON, Eric Rupertsland N.D P. ROCAN, Denis Gladstone P.C. SALE, Tim Crescentwood N.D P. SANTOS, Conrad Broadway N.D P. STEFANSON, Eric, Hon. Kirkfield Park PC. STRUTHERS, Stan Dauphin N.D P. SVEINSON, Ben La Verendrye P.C. TOEWS, Vic, Hon. Ross mere P.C. TWEED, Mervin Turtle Mountain P.C. VODREY, Rosemary, Hon. Fort Garry P.C. WOWCHUK, Rosann Swan River N.D.P. 643 LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON LAW AMENDMENTS Monday, October 28,1996 TIME-6 p.m. Ms. Erica Stecheson, Private Citizen Mr. Dean Jonasson, Private Citizen Ms. Nancy Trush, Private Citizen LOCATION- Winnipeg, Manitoba Ms. Gail Eliasson, EvergreenTeachers' Association Mr. Ernie Schiman, Intermountain Teachers' CHAIRPERSON-M r. David Newman (Riel) Association Mr. Geoff Robson, Morris-Macdonald Teachers' Association VICE- CHAIRPERSON- Mr. Peter Dyck (Pembina) Mr. Harry McKnight, Private Citizen Mr. Steve Lawrie, Private Citizen ATTENDANCE-11-Q UORUM-6 Mr. Adam Grabowski, Private Citizen Mr. Fred Veldink, Private Citizen Members ofthe Committee present: Mr. Lawrie Kyle, Private Citizen Mr. Rob Hilliard, Manitoba Federation of Labour Hon. Mr. Derkach, Hon. Mcintosh, Hon. Messrs. Mr. HenryWedel, Transcona Teachers' Association Pallister, Reimer Mr. Donald Teel, Winnipeg Teachers' Association Mr. Ron Munro, River East Teachers' Association Ms. Cerilli, Mr. Dyck, Ms. Friesen, Ms. McGifford, Mr. Murray Grafton, St. Boniface Teachers' Ms. Mihychuk, Mr. Newman, Mrs. Render Association Mr. Jean Beaumont, Manitoba Association of School Superintendents APPEARING: Mr. Jake Peters, Assiniboine South Teachers' Association Mr. Gary Kowalski, MLA for The Maples Ms. Val Goodridge, Assiniboine South Teachers' Association WITNESSES: Ms. Phyllis Moore,The RetiredTeachers Association of Manitoba Ms. Betty Green, Manitoba Association of School Ms. Patricia Gendreau, Private Citizen Trustees Mr. David Harkness, Private Citizen Ms. Carolyn Duhamel, Manitoba Association of School Trustees MATTERS UNDER DISCUSSION: Ms. BettyAnn Watts,Manitoba Association of School Trustees Bill 72-The Public Schools Amendment Act (2) Mr. Howard Friesen, Garden Valley School Division No. 26 Mr. CordellBarker, Pine Creek Teachers' Association WRITTEN SUBMISSIONS: Ms. Val Thomson, Private Citizen Ms. Lisa Martin, Private Citizen The Manitoba Association of School Business Ms. Caroline Evans, Souris Valley Teachers' Officials Inc. Association Mr. Edward H. Lipsett, Private Citizen Ms. Linda Dyrkacz, Agassiz Teachers' Association Ms. BettyGreen, Ms. Carolyn Duha mei,Ms. Betty Ann Mr. Greg Fritske, Brandon Teachers' Assocation Watts, Manitoba Association of School Trustees Mr. Paul LaRiviere, L'Association des Ms. Tricia Hallson, Private Citizen Educateurs/Educatrices Francophone du Manitoba Ms. Aurele Boisvert, Francophone School Division lllr lllr lllr 644 LEGISLATIVE ASSEMBLY OF MANITOBA October 28, 1996 Ms. Jean Friesen (Wolseley): Mr. Chairman, I think in Mr. Chairperson: Good evening. Will the Standing orderto give some certainty to the manypeople who are Committee on Law Amendments please come to order. here tonight, I think we need to establish a time beyond Before commencing with the business before the which names will not be called. I would like to move committee, a Vice-Chairperson must be elected. Are thatthe committeenot call names after midnight, but that there any nominations? anyone who wishes to present after midnight, the committee will remain to hear them. Mrs. Shirley Render(St. Vital): Mr. Chair, I nominate the member for Pembina (Mr. Dyck). Mr. Chairperson: Any further discussion on that suggestion? Therebeing no further discussion, do I sense Mr. Chairperson: Mr. Dyck has been nominated. Are that there is unanimous consent fo r that approach? there any other nominations? Seeing none, Mr. Dyck is [agreed] elected as Vice-Chairperson to the committee. What about a time limit with respect to individual The business before the committeethis evening is the presentations? considemtion of Bill72,The Public Schools Amendment Act (2). Before continuing on with consideration of the Mr. Peter Dyck (Pembina): Mr. Chairman, in light of bill, there are certain matters regarding process to clarify the fact that we have many presenters and I believe fo r at this point. For the committee's and public's common courtesyfor all of those who have come out, I inforqtation, there are currently 55 persons registered to would like to move that we allow lO minutes fo r speakto Bill72. A list of thepresenters should be before presentations and fiveminutes fo r questions. all committee members, as well as, postt:d at the back of the room For the public's information, if there is anyone Ms. Friesen: Mr. Chainnan, it is our position that present this evening who wishes to appear before the Manitobans whocome to resenp t to thesehear ings should committee and is notyet registered, you may register with beallowed to present the positionthat they have come to the Chamber staffat the back of the room andyour name on behalf of themselves or on the groups that theymay will be added to the list. represent. * (1810) Mr. Chairperson: Any further discussion? Interms of theorder that we will hear presenters, there Maybe at the outset, I could indicate that it is not are two factors that the committee may wish to consider. permitted, under the rules of the House, to have First, there are currently 22 persons registered to speak demonstrations of support or opposition to committee who are outfrom of town. They are indi<".atedas such by decisions orperf ormancesby presenters. It does cut into the asterisk after their name on the list. It has been a the timeand there are good practical reasons fo r it. Also, Manitobapmctice to hearfrom persons who are fromout no one would want to hurt the fee lings of someone that of townfirst, as a matter of courtesy fo r tliledistance they did not get applause, and let it go to their head if have travelled. Is there a wish of the committee to have someone got too much applause. Inany event, that is the out-of-town presenters go first? Is that agreed? [agreed] rule and I would appreciate observance of that rule, whatever the rationale fo r it. A second fa ctor considers that there are two persons who haverequested translation services in order to make their presentation in French and they are presenter No. With respect, then, to the time limit on individual ll, Paul LaRiviere, and presenter No. 38, Aurele presentations, we have the suggestion of Mr. Dyck. Are Boisvert, who are also fromout of town. you moving, Mr. Dyck, that the time limit be l 0 minutes on the initial presentation and five minutes fo r question How do the committee wish to proceed? Do the and answers? committee wish to set a time limit on the public presentations? Mr. Dyck: I so move. October 28, 1996 LEGISLATIVE ASSEMBLY OF MANITOBA 645 Voice Vote Mr. Chairperson: That is an overriding matter already agreed to. Is there someone prepared to then make a Mr. Chairperson: All in favour of that motion, please motion to the effect? say yea. Mr. Dyck: Mr. Chairperson, I would move, then, that Some Honourable Members: Yea. we call the names twice and then that we delete them from the list. Mr. Chairperson: All opposed, please say nay. Mr. Chairperson: All in favour, please say yea. Some Honourable Members: Nay. Some Honourable Members: Yeas. Mr. Chairperson: The motion carries. Mr. Chairperson: All opposed, please say nay. It is so An Honourable Member: On division. agreed. Mr. Chairperson: On division. Finally, the committee has received written submission * * * to Bill 72 from The Manitoba Association of School BusinessOffi cials Inc. and from Edward Lipsett, private citizen. The submissions have been distributed to Mr. Chairperson: Another matter to deal with is that of committee members. Does the committee wish to have persons whose names are called to make their these submissions appear at the back of the Hansard presentationand they are not here.