First Session - Thirty-Seventh Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable George Hickes Speaker Vol. L No. 72 - 1:30 p.m., Wednesday, August 2, 2000 MANITOBA LEGISLATIVE ASSEMBLY Thirty-Seventh Legislature Member Constituency Political Affiliation AGLUGUB, Cris The Maples N.D.P. ALLAN, Nancy St. Vital N.D.P. ASHTON, Steve, lion. Thompson N.D.P. ASPER, Linda Riel N.D.P. BARREIT, Becky, Hon. Inkster N.D.P. CALDWELL, Drew, lion. Brandon East N.D.P. CERILLI, Marianne Radisson N.D.P. CHOMIAK, Dave, Hon. Kildonan N.D.P. CUMMINGS, Glen Ste. Rose P.C. DACQlJA Y, Louise Seine River P.C. DERKACH, Leonard Russell P.C. DEWAR, Gregory Selkirk N.D.P. DOER, Gary, Hon. Concordia N.D.P. DRIEDGER, Myrna Charleswood P.C. DYCK, Peter Pembina P.C. ENNS, Harry Lakeside P.C. FAURSCHOU, David Portage Ia Prairie P.C. FILMON, Gary Tuxedo P.C. FRIESEN,Jean, Hon. Wolseley N.D.P. GERRARD, Jon, Hon. River Heights Lib. GILLESHAMMER, Harold Minnedosa P.C. HELWER, Edward Gimli P.C. HICKES, George Point Douglas N.D.P. JENNISSEN, Gerard Flin Flon N.D.P. KORZENIOWSKI, Bonnie St. James N.D.P. LATHLIN, Oscar, Hon. The Pas N.D.P. LAURENDEAU, Marcel St. Norbert P.C. LEMIEUX, Ron, Hon. La Verendrye N.D.P. LOEWEN, John Fort Whyte P.C. MACKINTOSH, Gord, Hon. St. Johns N.D.P. MAGUIRE, Larry Arthur-Virden P.C. MALOWAY,Jim Elmwood N.D.P. MARTINDALE, Doug Burrows N.D.P. McGIFFORD, Diane, Hon. Lord Roberts N.D.P. MIHYCHUK, MaryAnn, Hon. Minto N.D.P. MITCHELSON, Bonnie River East P.C. NEVAKSHONOFF, Tom Interlake N.D.P. PENNER, Jack Emerson P.C. PENNER, Jim Steinbach P.C. P.C. PITURA, Frank Morris PRAZNIK, Darren Lac du Bonnet P.C. REID, Daryl Transcona N.D.P. REIMER,Jack Southdale P.C. ROBINSON, Eric, Hon. Rupertsland N.D.P. ROCAN, Denis Carman P.C. RONDEAU, Jim Assiniboia N.D.P. SALE, Tim, Hon. Fort Rouge N.D.P. N.D.P. SANTOS, Conrad Wellington N.D.P. SCHELLENBERG, Harry Rossmere P.C. SCHULER, Ron Springfield N.D.P. SELINGER, Greg, Hon. St. Boniface P.C. SMITH,Joy Fort Garry N.D.P. SMITH, Scott Brandon West P.C. STEFANSON, Eric Kirkfield Park N.D.P. STRUTHERS, Stan Dauphin-Roblin P.C. TWEED, Mervin Turtle Mountain N.D.P. WOWCHUK, Rosano, Hon. Swan River 4727 LEGISLATIVE ASSEMBLY OF MANITOBA VVednesday, August 2, 2000 The House met at 1:30 p.m. I am pleased that this legal opinion vindicates our government's position that at no PRAYERS time was there any conflict of interest and confirms the integrity of the Minister and the ROUTINEPROCEEDINGS credibility of the First Nations Gaming Initiative. Thank you, Mr. Speaker. MINISTERIAL STATEMENTS Mr. Darren Praznik (Lac du Bonnet): Mr. Conflictof Interest-Legal Opinion Speaker, at long last this Premier has done the right thing, to seek a legal opinion. If this Bon. Gary Doer (Premier): I have a statement Premier had done the right thing in the first fo r the House. place, this day would not be necessary. What happened is the Premier of this province, when Mr. Speaker, today I am pleased to rise to asked about an issue, when on this side all we table a copy of a legal opinion from the firm asked them to do was to seek a legal opinion, but Arvay Finlay, clearing the Minister of Consumer he was too stubborn to do the right thing, just as and Corporate Affairs, Ron Lemieux, of any he is too stubborn to deal with labour legislation, conflict whatsoever at any point during the First to have proper consultation, just like he is too Nations Gaming Initiative. stubborn to make changes in his office to ensure that he is not in violation of The Conflict of The allegations of conflict involving his Interest Act. wife have caused a great personal distress and hardship, resulting in his request to have the Mr. Speaker, I will endeavour to study this gaming fileremoved from his portfolio on July 4 particular opinion because I notice it makes of this year. In a written legal opinion, Mr. reference only to whether or not the Minister had Finlay states: "It is our opinion that neither you been in a conflict of interest. The issue that we or your spouse have any pecuniary interest in the raised was, as minister dealing with a First casino issue and as such you are not in conflict Nation who had retained his wife, was that a or apparent conflict of interest that would violation of the Act? disentitle you from participating in the casino issue." I will endeavour to study this opinion, but I say this to the First Minister (Mr. Doer), the I would also like to indicate to members Jesson I hope he has learned in this whole opposite that we chose to seek the legal advice exercise is that he should have got this opinion of Mr. Finlay, a reputable Vancouver-based in the first place. We hope that he will do it in firm, due to the fact that the Government­ the future when these issues do arise. designated lawyer for examining potential conflict situations, of course, was a partner of Martin Freedman and, of course, was therefore Bon. Jon Gerrard (River Heights): I ask for unable to offer an opinion on the members of the leave to speak to the Premier's statement? First Nations Selection Committee. Mr. Speaker: Is there leave? [Agreed] I would also like to indicate that Avray Finlay specializes in providing advice and * (13:35) opinions on conflicts of interest in the public and private sectors. In addition, Mr. Finlay has Mr. Gerrard: I welcome the Premier getting a worked as counsel to the British Columbia and legal opinion and tabling that so it is available Yukon commissioners of interest. fo r everyone. I think that is a solid move. I still 4728 LEGISLATIVE ASSEMBLY OF MANITOBA August 2, 2000 think there is a role in future to have whether it Hon. Gary Doer (Premier): Mr. Speaker, it be an ethics advisor or counsellor who can was pointed out to me by a citizen listening to provide some independent advice on this part of the debate the other day that the former situation so that it can be handled in a government had made a commitment to consider preventative up-front way in the future. legislation to control third-party advertising, and that is dated August 16, 1999. I guess that was a TABLING OF REPORTS day before the election. Mr. Speaker, there was a further commit­ Hon. MaryAnn Mihychuk (Minister of ment from Peter George Dyck welcoming the Industry, Trade and Mines): Mr. Speaker, I limit on third-party advertising, so when am pleased to table the Annual Report of the members talk about- Economic Innovation and Technology Council for the 1999-2000 fiscal year. Some Honourable Members: Oh, oh. Mr. Speaker: Notices of Motions. Revert back Mr. Speaker: Order. May I remind all to Ministerial Statements and Tabling of honourable members that all members in the Reports. Is there leave? [Agreed] Chamber are honourable members and will be addressed by their constituency, ministers by Hon. Greg Selinger (Minister of Finance): their titles, even if using a quote from papers or rise to table the Manitoba Hydro-Electric 49th letters. Annual Report for the year ending March 31, 2000, as required by section 52.27(1) of The Point of Order Legislative Assembly Act. Mrs. Mitchelson: On a point of order, Mr. Speaker, I wonder if the Premier can really hear ORAL QUESTION PERIOD or not. The question that I asked was around Bill 44, and the answer that he is giving is Labour Relations Act around Bill 4. I think there is something in Amendments-Withdrawal Beauchesne's that indicates that answers should respond to the questions that were asked. Clearly, the Premier is indicating that he does Mrs. Bonnie Mitchelson (Interim Leader of not listen to anyone. He does not listen to the the Official Opposition): Today we hear that questions, and he is not listening to the business the Premier is starting to listen, finally starting to community. listen. He says he can actually hear the concerns of the business community, that Bill 44 will be a Mr. Speaker: The Honourable First Minister, poison pill to Manitoba and Manitoba's on the same point of order. economy. Mr. Doer: Mr. Speaker, when the Member Mr. Speaker, but we are a little cynical on opposite asks a rambling question as she is wont this side of the House, and we are wondering to do, when the Member speaks about the whether the Premier is really listening or cynicism of the Conservative Party, are members whether he is trying to save himself some on that side being cynical, it is certainly embarrassment in his own backyard when the something I am willing to answer to and confirm premiers meet here next week. There is some that she is right. They are a cynical group of concern, given the track record of this govern­ people. ment on listening. I am also able to deal with the other matters My question for the Premier is: If he is raised about, on the one hand, being asked to serious about listening to the business com­ withdraw the Bill and, on the other hand, hiding munity and what they are saying about Bill 44, from some meeting that is taking place some will he commit today to withdraw Bill 44? time next week, another contradictory comment August 2, 2000 LEGISLATIVE ASSEMBLY OF MANITOBA 4729 made in the rambling question by the Member inkling that he would be introducing legislation opposite.