1991 Legislative Session: 5th Session, 34th Parliament

HANSARD

The following electronic version is for informational purposes only.

The printed version remains the official version.

Official Report of

DEBATES OF THE LEGISLATIVE ASSEMBLY

(Hansard)

TUESDAY, MAY 7, 1991

Afternoon Sitting

[ Page

11931 ]

CONTENTS

Routine Proceedings

Speech from the Throne. Hon. Mr. Lam –– 11931

An Act to Ensure the Supremacy of Parliament (Bill 1). Hon. Mr. Fraser

Introduction and first reading –– 11936

Motions

Appointment of Select Standing Committees of the House.

Hon. Mrs. Johnston –– 11936

Ms. Cull

Mr. Sihota

Mr. Harcourt

Mr. Rose

Hon. Mr. Richmond

Appointment of Deputy Speaker and Deputy Chairman of the

Committee of the Whole. Hon. Mr. Richmond –– 11940

TUESDAY, MAY 7, 1991

The House met at 2:08 p.m.

This being the first day of the fifth session of the thirty-fourth

Legislative Assembly of the province of British Columbia for the

dispatch of business, pursuant to a proclamation of the Hon. David C.

Lam, Lieutenant-Governor of the province, hon. members took their seats.

Prayers.

His Honour the Lieutenant-Governor, having

entered the House and being seated upon the throne, was pleased to

deliver the following gracious speech.

Speech from the Throne

HON. MR. LAM (Lieutenant-Governor): Mr. Speaker and Members

of the Legislative Assembly, in opening this fifth session of the

thirty-fourth parliament of British Columbia, I extend greetings on

behalf of our Sovereign, Her Majesty the Queen.

I join all British Columbians in wishing Her Majesty Queen Elizabeth II well, as she begins the fortieth year of her reign.

I pray that all members of this assembly will strive to keep the

needs and well-being of all citizens of this province at the forefront

in their thoughts and deliberations.

We mark the passing of the Hon. Jack Davis, PC, whose distinguished

career included service in the House of Commons from 1962 to 1974 and

in this Legislature as the member for North Vancouver–Seymour from 1975

until this year. He has served the people of Canada and British

Columbia in many capacities: Minister of Fisheries and Minister of the

Environment for Canada; Minister of Energy, Transport and

Communications and Minister of Energy, Mines and Petroleum Resources

for British Columbia. His enduring commitment and dedication to public

service will long be remembered by friends, colleagues and those he

served.

My government is pleased to announce that the new Ministry of

Energy, Mines and Petroleum Resources building, to be built in

Victoria, will be named in his honour.

Over the past year we have been saddened by the passing of two

former Members of the Legislature: Mr. Hunter Vogel, who represented

Delta and Langley from 1963 to 1972, and Mr. Donald Lewis, who

represented Shuswap from 1972 to 1975.

[2:15]

My government has been visited by numerous distinguished guests over the past

year. We were pleased to receive the Queen's representative in Canada, Governor-General

Hnatyshyn, on his first official visit to British Columbia. Other distinguished

guests included President von Weizsacker of the Federal Republic of Germany,

President Koivisto of Finland and Her Royal Highness Princess Margriet of the

Netherlands. My government was also pleased to receive many diplomatic representatives

accredited to Canada.

It was my great pleasure to participate in the inaugural investiture

of the Order of British Columbia, which took place in this chamber last

June. Twenty-six outstanding British Columbians were recognized for

their efforts and contributions toward the betterment of our province.

As we enter the last decade of this century, the greatest challenge

we shall face will be to secure the future of Canada as a strong and

unified nation. The task is formidable and will require all the

strength, tolerance and skill at our disposal if we are to remain a

vibrant country worthy of our place among the international community

of nations. But it is a task to be met positively, welcoming the

opportunity for the renewal of the spirit which has sustained us for

more than a century.

The focus of the unity debate has been primarily on Quebec and its

role in the Canada of the future. However, Canadians in all parts of

the country are seeking revision of relationships in the federal

system. My government is committed to the principle that reform must

accommodate the legitimate aspirations of Canadians in all provinces

and territories. The Canada of the future must enjoy the support of

every region and province, and be tuned to embrace the diversity which

is part of our strength, not our weakness. My first minister has

already met with the Prime Minister to reinforce British Columbia's

interest in and concern for the future of Canada.

The constitution of Canada does not belong to governments; it

belongs to the Canadian people. To this end, the people of our province

must have the opportunity to contribute to the development of

constitutional change — not as British Columbians, but as Canadians who

have the good fortune to live in British Columbia.

My government has initiated a series of papers and reports on

Canadian federalism and governmental reform. British Columbians from a

variety of walks of life — constitutional experts, business people,

labour representatives and academics — have been invited to offer their

perspective on Canada's future. These papers are to be distributed

widely, with the intention of fostering thoughtful discussion on the

future of our country and our province's place in the Canada of the

future.

Our constitution of Canada represents the architecture of our system

of government. As such, discussion leading to constitutional reform

should transcend partisan political considerations.

My government's Cabinet Committee on Confederation will continue to

review and consider all reports and recommendations and will develop a

British Columbia approach to federal and constitutional reform that

reflects, in a considered manner, input from many diverse sources. The

report of the committee of cabinet will be released for general

consideration and comment.

To encourage dialogue, my government will ask the Legislature to

establish a committee of members to review these and other proposals,

and provide an

[ Page 11932 ]

opportunity for the people of British Columbia to offer their advice and recommendations to the Legislature.

British Columbians and other Canadians have faced serious challenges

before. However, we have a tradition of developing workable solutions,

fashioned from open, constructive dialogue by dedicated people. The

result has been a country whose accomplishments are respected

throughout the world and whose values are deeply cherished by Canadians

from British Columbia to Newfoundland. My government will spare no

effort to find solutions that build on our accomplishments and reflect

these values.

My government also recognizes that Canada's federal system for the

twenty-first century must enable and encourage fiscally responsible,

accountable and affordable government. People in all parts of the

country have come to the realization that the growth of government debt

at all levels in Canada has reached crisis proportions. Uncorrected,

the burden of this growing debt inhibits the ability of government to

deliver universal social programs to the national standards which have

become a hallmark of our Canadian life. Changes to eliminate this

problem are pressing and urgent, but solutions will require sacrifices.

The government of British Columbia has a longstanding commitment to

the responsible management of provincial affairs. In this endeavour, my

government will continue to manage provincial finances responsibly

while protecting taxpayers, jobs and critical government services from

the effects of recession and economic uncertainty.

British Columbia has achieved the best record of financial

management of any government in Canada, federal or provincial. As of

March 31, 1991, direct and indirect debt of the province was estimated

at 21 percent of gross domestic product. This represents the lowest

debt level in over 25 years, and British Columbia's expenditure to

service this direct debt of the province is the lowest of any province

in Canada.

Although there are worrisome exceptions, most governments in Canada

have now recognized the need to reduce government debt to combat high

interest rates, inflation and the consequent tax creep that has been

hurting the economy of the entire country.

Improved economic performance will require a concerted commitment by

all governments to prudent financial management. It will require

efficient government operations, the making of difficult decisions when

necessary, and holding firm to the critical program priorities that

have made us unique in North America.

Governments across Canada are also recognizing the importance of

achieving fair but responsible levels of public sector compensation. It

is unfortunate that in British Columbia, public sector wage settlements

have been consistently running ahead of private sector settlements for

the past five years. This has created inequities with employees in the

private sector, and it has strained government's limited revenue base.

My government has responded with the Compensation Fairness Act. This act

will ensure wage settlements in all areas of the provincial public sector reflect

the taxpayer's ability to pay, as well as achieving fairness in relation

to private sector employees for whom compensation increases have been modest

and job loss more prevalent. Under this act, collective bargaining is preserved

subject to limits which reflect prevailing economic conditions.

The Job Protection Act was passed to help ease the impact of the

recession on British Columbians employed in businesses experiencing

temporary difficulty and faced with shutdown and loss of jobs. The act

enables the job protection commissioner to work with stakeholders in a

company where a business is fundamentally viable and the parties

involved are prepared to make concessions to revitalize the enterprise

and preserve jobs. Based on the principle of shared sacrifice, my

government is prepared to make financial concessions as part of the job

protection partnership.

My Minister of Finance and Corporate Relations will present to you a

budget appropriate to the difficult economic climate we now face. It

will be a responsible budget, and those who can afford to do so may be

asked to contribute a little more so that vital and essential programs

can be maintained and improved.

[2:30]

The Minister of Development, Trade and Tourism is currently

reviewing government grants and loan programs with the objective of

reducing government's direct role in financing businesses. Experience

suggests that the most effective and time-proven way to encourage

business and expand the economy is to provide a stable, attractive

climate for investment and to ensure a vigorous, well-trained workforce.

My government will put forward proposals to other provinces and the

federal government to restrict grants, loans and subsidies to industry

A critical element of renewed federalism should be a code of conduct

among governments in Canada to create, protect and enhance a common

free market for goods, services, people and investment within Canada.

We must apply to Canada those same rules by which we seek to regulate

international commerce.

Government is committed to managing the province's forest resources

in the interests of a healthy economy and a healthy environment for

present and future generations. The Forest Resources Commission was

established to advise on my government's approach to sustaining and

enriching our forest base as we enter the twenty-first century.

My Minister of Forests has now received and released the report of

the commissioner. The minister will initiate a process for public

review and comment to guide further action on the report's

recommendations.

My government has announced and is proceeding with a $1.4 billion

program of forest renewal. This program includes a four-year, $200

million forest resources development agreement with Ottawa. Families

and communities throughout the province will benefit from over 64,000

person-years of employment related to forest renewal over the next five

years.

Recognizing the difficult times facing the forest industry, my

government will continue to pursue vigorously with the government of

Canada the elimination of the softwood trade agreement with the

[ Page

11933 ]

United States that is costing jobs here in British Columbia.

British Columbians treasure the majesty and pristine beauty that

makes our province one of the most desirable areas of the world in

which to live. Preserving this quality is essential.

My government is determined to ensure that environmental needs are

balanced with the needs of the families and communities that depend on

our forests. Through initiatives such as the old-growth strategy, the

recreation program, the wilderness system plan and the Parks '90 plan,

my government is securing employment and social values associated with

our forest heritage. More than 11,000 British Columbians attended

public meetings and made known their views, concerns and priorities for

parks and wilderness areas for the 1990s.

A public review of commercial back-country recreation has also been

initiated by the Ministry of Lands and Parks. This Ministry continues

to provide leadership in the designation, exchange and acquisition of

land for conservation purposes.

The recommendations flowing from the Forest Resources Commission,

the Round Table on the Environment and the Economy and Parks Plan '90

will be brought together with input from other sources to create an

overall strategy for British Columbia land use decisions.

My Ministry of Environment will be releasing, over the coming

months, specific action plans in the areas of water management,

fisheries, wildlife, pesticides and environmental enforcement.

It is increasingly recognized that environmental problems do not

respect national or international boundaries. The destruction inflicted

recently in the Persian Gulf is dramatic testimony to this fact, as is

the cross-border problem of acid rain in central Canada. British

Columbians, having experienced the consequences of an oil spill outside

British Columbia waters, live in constant fear that a disaster on the

scale of the Exxon Valdez spill in Alaska could occur in waters

adjacent to our province.

My government recognizes that sound environmental management and

protection must encompass more than one community, and often more than

a particular river system. The waters of the southwestern corner of

British Columbia and northwestern corner of Washington are an important

case in point. These waters are fed by major river systems, and they

are affected by effluents from literally dozens of communities in both

Canada and the United States. They are also subject to catastrophic

marine risks by maritime traffic which is international in origin.

To address these critical environmental issues, my government will take a leadership

role in proposing and promoting an international initiative to attack water

and air pollution problems in the entire coastal waterway embracing Puget Sound,

the strait of Juan de Fuca, Georgia strait and waters tributary thereto, including

the Fraser River. Discussions will be initiated with the federal government

for the establishment of an international commission to include representation

of both national governments, the province of British Columbia and the state

of Washington. The requested mandate of the commission will include a thorough

analysis of existing and potential pollution threats to air and water, leading

to recommendations for a proactive environmental protection strategy for implementation

by all four jurisdictions.

My government, through the Ministry of Municipal Affairs, Recreation

and Culture, remains committed to working with local governments to

address the urgent need to undertake major water and sewer projects to

protect the environment and the quality of community water supplies.

British Columbia is a huge and diverse region, larger than

California, Washington and Oregon combined, yet our population is only

one-tenth of California alone. Transportation is therefore essential to

bind us together as a province and allow us to realize our social and

economic potential. The transportation planning process begun in 1988

will continue. A special two-year joint planning process is now

underway with the Greater Vancouver Regional District. A comprehensive

plan for the lower mainland area is critical to cope with growth and

establish strategic priorities for that region.

My Minister of Transportation and Highways is also proceeding to

draft legislation to provide a consistent framework, rules and

processes to govern the construction and maintenance of resource roads

in the province. In cooperation with private industry, my government

will commence early construction of the Iskut road to access

potentially valuable gold and mineral deposits in northwestern British

Columbia. This road will meet acceptable environmental standards and be

constructed with the assistance of native people in the area.

The B.C. Ferry Corporation continues to aggressively implement its

capital expansion program. These projects are consistent with my

government's desire to respond to the shipbuilding task force

initiative which was set up after the federal government announced the

cancellation of the Polar 8 contract. In addition, the corporation has

undertaken the redevelopment of three terminals. Over the next three

years, 3,330 person-years of employment will be created as a result of

the Ferry Corporation's capital construction program.

As the 1990s progress and the twenty-first century dawns on the

province of British Columbia, societal values, needs and structures

will change. The roles and needs of women have changed, and will

continue to change, whether they are in the home or employed.

[2:45]

My government will dedicate itself to help women achieve equality in

the workplace, economic security and safety, both in the home and in

the community. A comprehensive child care strategy to meet the needs of

British Columbians will be developed and implemented as a priority. The

government will work with business and community leaders to become

partners in the provision of quality child care services for working

parents throughout the province.

A major three-year expenditure commitment will also be targeted to improving subsidies to families,

[ Page 11934 ]

providing additional support to family day care providers in the community and expanding facilities in critical shortage areas.

The complexity of the licensing and regulatory process has been a

barrier to providing an adequate supply of accessible, high-quality day

care. Specific changes to streamline the process will, while ensuring

the necessary protection for children in day care, be introduced.

In support of fairness in the workplace, the implementation of

employment equity in the public service will remove barriers to

employment opportunities for women, visible minorities, aboriginal

peoples and persons with disabilities. My government has begun

implementation of a four-year, $40 million pay equity program to reduce

pay inequities associated with female-dominated job classes in

government ministries.

Fostering the growth of entrepreneurship among women and removing

barriers that inhibit business development among women will be a key

priority for my government. The appointment of a businesswomen's

advocate to further improve women's access to private sector financing

opportunities was recently announced.

My Minister of Women's Programs and Government Services and Minister

Responsible for Families will develop and participate in a process for

broad public consultation on the British Columbia Retirement Savings

Plan Act. The proposed B.C. retirement savings plan will ensure viable

retirement-income options for all British Columbians. The plan will be

of particular benefit to parents caring for children at home and to

others not now part of a contributory pension plan.

The Pension Benefits Standards Act, designed to provide a framework

for standardization of pension benefit plans in British Columbia, will

be reintroduced.

My government will soon issue a proclamation outlining the

responsibilities of government, communities and individuals to protect

and support children. It will affirm the central role of the family and

underscore the importance of the care of our children to the future

well-being of the province.

In support of the proclamation, the Ministry of Social Services and

Housing will undertake a comprehensive review of the Family and Child

Service Act. My government will ensure that child-protection

legislation reflects community values and meets the changing needs of

families and children as the cornerstone of society. There will be

thorough consultation with the public and appropriate professionals in

developing new legislation.

My government will also expand direct services for victims of family

violence and sexual assault, giving priority to initiatives aimed at

breaking the cycle of abuse. The devastating effect of such antisocial

conduct must be aggressively addressed at all levels of law enforcement

and throughout the justice system.

Through grants to community agencies and additional funding within ministries,

counselling will be provided for victims, including children who have witnessed

violence. Treatment for abusers, who are themselves often victims of abuse earlier

in life, will also be enhanced.

The Royal Commission on Health Care and Costs, established by my

of health care and the health care system. The commission has completed

the public consultation process, having met in 38 communities, received

1,800 written submissions and heard 900 oral presentations. It is

expected to report later this year.

The recommendations of the royal commission will provide an

important blueprint for ensuring that service quality is maintained and

enhanced, and that universal medical care is both affordable and

properly funded. As a nation, and particularly here in British

Columbia, demographic changes and an aging population will severely

test the durability of the health care system. We shall be ready to

meet that test.

In the meantime my government will continue to improve the health

care system through the building of partnerships with hospitals,

community groups and health care providers.

An initiative such as the establishment of a surgical registry is an

example of how my government is reaching out to help both physicians

and patients to make well-informed decisions and patients to receive

proper treatment in a timely manner.

Improved access to services is also being realized through such

facilities as the mobile screening mammography unit. This unit will

continue to bring important breast cancer diagnostic services to women

in rural and remote areas of the province.

My Minister of Health will also be implementing a travel allowance

system for those in remote areas who must travel to Vancouver for

complex treatment. Universal access and affordability of health care

must be protected.

As well, my government is reviewing the Mental Health Act with the

goal of improving procedures and the protection of rights for people

who need voluntary admission and treatment in hospital due to severe

mental illness.

The law affecting the right of dependent adults will also undergo

modernization. Laws found in the Patients Property Act, the Power of

Attorney Act and the Public Trustee Act will be reviewed.

My government is combating catastrophic illness from infectious

diseases through such measures as the new centre of excellence for HIV

and other viral diseases. This program includes access to drugs such as

AZT at no cost to the patient.

Expansion of social housing and increases to the supply of rental

accommodation will continue. During the mandate of my government,

10,000 new units of social housing have been provided. Many new

projects are being brought forward in response to the 1991 proposal

call by the British Columbia Housing Management Commission.

The programs and services of the Ministry of Social Services and

Housing are fundamental elements of British Columbia's social safety

net. Provision for income assistance funds, to ensure those in need

receive financial support and re-employment services

[ Page

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in a sensitive and responsive manner, will be particularly important during the difficult economic period.

Education represents a basic element of my government's vision for

British Columbia's future. It is the most important and essential

investment in our province's future that government can make.

The Access for All initiative will see the first university degrees

granted at Malaspina, Okanagan and Cariboo Colleges. The process for

development of the University of Northern British Columbia has

commenced, a site has been obtained and a president hired. The Fraser

Valley is the fastest-growing region in our province. My Minister of

Advanced Education, Training, and Technology will be considering the

establishment of a full university-degree-granting institution in the

valley.

While education reforms currently underway will be reviewed in

cooperation with the province's school trustees and educators, it is my

government's intention to proceed as scheduled with the implementation

of the primary program, covering the first four years.

An enhanced school facilities upgrading and construction program

will proceed. Increasing enrolments, the aging of school facilities and

earthquake preparedness continue to be priorities in setting and

allocating the funds available for school construction and upgrading.

In 1989 the government committed to a $1.5 billion, six-year capital

program; $600 million of this commitment has been expended in the past

two years. My government will soon announce a further major component

of the schools' capital program.

[3:00]

The Minister of Education has recently announced a revised framework

for the setting of residential school taxes. The new system is simpler,

more predictable and more fair than the previous system. This new

approach, coupled with the substantially increased homeowner grant,

will mean that many homeowners will either see no increase or will see

a decrease in school property taxes on their residence this year.

My government will participate with local parent groups and school

boards in the development of an affordable school lunch program to

ensure that students are not disadvantaged in school as a result of

improper lunchtime nutrition.

A new social era for Canada must include accommodation of native

Canadians as an essential part of a strong Canadian community. The

government of British Columbia will continue to build on its successes

in negotiating a new relationship with British Columbia's aboriginal

citizens.

My government has begun the honourable but difficult journey to rectify the

long-standing and profound sense of grievance which native people in this province

feel. We have signed the first land claims framework agreement in the province's

history, with the Nisga'a Tribal Council, and have begun substantive negotiations

under it. We are participating with the First Nations Summit and the government

of Canada on a tripartite task force on native claims to determine how best

to proceed with other pending aboriginal claims. We have undertaken and will

continue significant expenditures and initiatives in culture, heritage, language,

education and native social services.

My government is committed to finding a just, fair and workable way

of resolving these issues. We are prepared to contribute our fair and

proper share to the resolution of these historic grievances and will

press Canada to do the same. My government believes the building of a

new and better relationship between native and non-native British

Columbians to be a noble and worthy goal. We will make this a priority

for all agencies of government.

My government is gravely concerned about an apparent increase in

crime and violence in the community. Containment and reversal of this

trend will be a major priority in the months and years ahead. The major

urban communities of our province have been victimized by the activity

of criminal gangs. Last year my Attorney-General and Solicitor-General

announced the formation of an interministerial task force. My

government will escalate its efforts to investigate and vigorously

prosecute individuals involved in criminal gangs and violent activity

generally.

In addition, the Ministries of Education, Provincial Secretary and

Minister Responsible for Multiculturalism and Immigration, and Social

Services and Housing, as well as several federal and municipal

departments, are developing strategies for dealing with this problem.

My government will assume an active and leading role to ensure a

concerted and effective battle against crime.

It is of vital importance that all holders of public office exercise

their official duties and responsibilities in a manner that will bear

the closest scrutiny. Public confidence and trust in the integrity,

objectivity and impartiality of government is essential. My government

will introduce a motion to confirm the appointment of Mr. E.N. Hughes,

QC, as conflict-of-interest commissioner. In addition, the Members'

Conflict of Interest Act will be referred to a committee of the

Legislature for a full review of its adequacy and effectiveness.

Openness and accountability in the public sector is a commitment of

my government. Access to government information and the legitimate

protection of privacy have been under active review during this

parliament. My government will introduce legislation on access to

information and protection of privacy.

Fundamental to ensuring public confidence in the administration of

justice is a process that is fair and impartial, and is seen to be fair

and impartial, for making decisions relating to charges against persons

of high public profile. Following the report and recommendations of

commissioner Stephen Owen in his Discretion to Prosecute Inquiry, my

Attorney-General implemented policy changes concerning such charges.

Directives from the Attorney-General to the Deputy Attorney-General

regarding policy on prosecutions must be in writing and published.

Provision for the appointment of special prosecutors and notification

of the public thereof was made. Responsibility for explaining and

disclosing charging decisions has been built into the process.

[ Page 11936 ]

My government proposes to reflect these policy and procedural

changes in legislation. At the same time, it will be important to

ensure that Attorneys-General continue to be accountable to the

Legislature, and are able to make public statements and respond to

public inquiries about prosecution policies, criminal law developments,

specific cases and the criminal justice system.

My government continues to believe that the people of British

Columbia should, through referendums, have the opportunity directly to

help our elected representatives establish government priorities. The

referendum concept introduces fundamental changes to the traditional

political process in this province. Such changes should be introduced

carefully and prudently after much public debate and discussion.

My government will be introducing this session the questions to be

referred to the people during the next election. These questions will

deal with the issue of the referendum process itself, and engage the

people of British Columbia directly in a discussion on these most

important matters.

Relations among Canada's provinces have never been more critical for

the country. British Columbia will have the honour of hosting the

thirty-second annual Premiers' conference, to be held this summer in

Whistler. The conference will provide an important opportunity for

Premiers from across Canada to reinvigorate the search for solutions to

the problems we face as a nation.

The people of the Cowichan and Comox Valleys are to be congratulated

for the successful staging of the Duncan-North Cowichan 1991 British

Columbia Winter Games. The dedication of the athletes was matched by

the commitment of the many volunteers.

We look forward to the hosting of the British Columbia Summer Games

in Coquitlam. The awarding of the 1995 Western Canada Games to

Abbotsford is noted with pride.

My government is also proud to be involved in the hosting of the

fifteenth Commonwealth Games, to be held in greater Victoria in 1994.

Known as the friendly games, they will provide an opportunity and

environment for athletes from throughout the Commonwealth to pursue and

achieve national and international excellence, while reflecting the

scope, cultural richness and diversity of the Commonwealth. The Games

will showcase greater Victoria, the province and the hospitality of our

people to a worldwide audience.

Mr. Speaker and members of the Legislative Assembly, I now leave you

to discharge your duties, knowing that you will strive to build a

strong British Columbia. In our Sovereign's name, I thank you.

[3:15]

[Mr. Speaker in the chair.]

MR. SPEAKER: Hon. members, in order to avoid mistakes I have obtained

a copy of His Honour the Lieutenant-Governor's speech.

Introduction of Bills

AN ACT TO ENSURE THE

SUPREMACY OF PARLIAMENT

Hon. Mr. Fraser presented a message from His Honour the Lieutenant-Governor:

a bill intituled

An Act to Ensure the Supremacy of Parliament.

HON. MR. FRASER: I move the bill be introduced and read a first time now.

Mr. Speaker, this bill seems more of a formality today than we

normally think, but in fact this bill reinforces 400 years of

parliamentary tradition. First enacted in 1603 during the last reigning

days of Elizabeth I, it has asserted independence from the Crown for

purposes of legislation.

The role of the government changed in the middle of the sixteenth

century when the House of Commons claimed certain rights and privileges

such as freedom of speech. The Speaker claims these rights every year.

The privileges cannot be overemphasized.

Mr. Speaker, I move the bill be placed on orders of the day for second reading at the next sitting of the House after today.

Bill 1 introduced, read a first time and ordered to be placed on

orders of the day for second reading at the next sitting of the House

after today.

HON. MR. VEITCH: Mr. Speaker, I move that the votes and

proceedings of this House be printed, first being perused by Mr.

Speaker, that he do appoint the printing thereof and that no person but

such as he shall appoint do presume to print the same.

Motion approved.

HON. MRS. JOHNSTON: Mr. Speaker, I move that the Select

Standing Committees of the House for the present session be appointed

for the following purposes:

Economic Development, Transportation and Municipal Affairs;

Labour and Justice;

Tourism and Environment;

Forests and Lands;

Energy, Mines and Petroleum Resources;

Agriculture and Fisheries;

Health, Education, Social Services, Housing and Women's Issues;

Finance, Crown Corporations and Government Services;

Public Accounts;

Standing Orders and Private Bills;

Constitutional Matters and Intergovernmental Relations;

Conflict of Interest.

Standing order 68(

l) is hereby amended to so reflect. The said

committees shall severally be empowered to examine and inquire into all

such matters and things as shall be referred to them by this House, and

to report from time to time their observations and

[ Page

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opinions thereon, with power to send for persons,

papers and records. A special committee shall be appointed to prepare

and report to this House, with all convenient speed, lists of members

to compose the above select standing committee under standing order

68(l), the committee to be composed of Hon. C.H. Richmond, convener,

Hon. W.B. Strachan, Hon. H. Dirks, Hon. J. Weisgerber, Messrs. Loenen,

Long and Peterson, and Messrs. Gabelmann, Rose and Williams.

MS. CULL: Following the traditions of this House, I rise to

speak on the Premier's motion to appoint select standing committees for

the present session.

It was 13 months ago, also on throne speech day, that I first took

my place in this assembly as the newly elected member for Oak

Bay–Gordon Head. It was my first opportunity to take

part in a ceremony

representing hundreds of years of parliamentary tradition.

I'm reminded today, as I was 13 months ago, of the important

responsibilities of our office: of our duty to provide fair, open and

honest government, of our vow to maintain the public trust and to

follow the highest standards of ethical conduct. I'm also reminded that

when this motion to appoint committees was before us last year, the

Leader of the Opposition stood and urged the government to protect

these ethical standards.

The Leader of the Opposition introduced amendments similar to the

motion before us today, and I want to describe it in his own words. He

said:

"This amendment would establish a select standing committee

of this House on privileges and ethics. The adoption of this amendment would

allow the people of British Columbia through their elected Legislature to fully

investigate and report on the ethics of members of this Legislature in matters

of public trust."

Our leader's motion of 13 months ago was not unlike the motion

before us today in which the government proposes to appoint a

conflict-of-interest committee. However, the Leader of the Opposition

proposed at that time an amendment that would have been much broader.

It was aimed not just at conflicts of interest but at all matters

regarding members of this House, ethical conduct and the public trust.

It's interesting to recall, Mr. Speaker, how this government — now

in the last year of its mandate and proposing a similar committee —

responded to the motion 13 months ago. In what light did it cast its

sad legacy of a dozen ministers resigning under conflict of interest or

other controversy?

The former Premier, the first member for Richmond, said: "I suspect

this is strictly for political purposes. I suspect it's strictly

politics." He also said: "I would suggest all members see the shame in

this and vote down this ridiculous motion."

Mr. Speaker, was the Premier alone? Was he the only one on the other

side of the House who was critical of this proposal, this same idea

before us today? Of course he wasn't. The government House Leader, the

first member for Kamloops, had this to say:

"I would point out to all members of this House that the

ten committees which have been named by the Premier are very adequate....

"I think every one of us should be proud of the actions

of a Premier who acted with dispatch and very swiftly when there was just a

suggestion that something was wrong. The Premier acted immediately. I think

the actions of the Premier speak for themselves.

"The moral and ethical values are very high on this side

of the House. I'm speaking against this amendment, as I think it is specious

and absolutely unnecessary."

The rest of the government caucus apparently agreed with their

Premier and House Leader. They agreed that a committee to look at

conflicts and the broader matter of ethical conduct was ridiculous,

specious, shameful and absolutely unnecessary. We know that they agreed

with the Premier, as they did all along until they decided he could no

longer win an election for them. They gave the former Premier their

wholehearted support — they voted with him.

If I may quote from Hansard for one moment, page 8855 of Hansard

records the vote — taken on division — on the motion to amend put by

the Leader of the Opposition. When we look at the list of names under

"Nays," we see some very familiar names. Let me read: "Vander Zalm,

Johnston, Smith...."

MR. SPEAKER: Order, please. You may read from the book, but

you must remember to refer to the constituency from which the member

has been elected rather than the name of the member.

MS. CULL: Thank you, Mr. Speaker. I'm simply quoting from Hansard ,

but I don't need to go on with any more names. We know what names were

there, and there were many, many more. These same people are telling us

today that they have changed. In the fifth year of their term they are

going to create a committee on conflict of interest. They want us to

forget that just thirteen months ago they ridiculed the idea and then,

to a one, voted against it.

Mr. Speaker, even when this government thinks they've got it right,

they've still got it wrong. They think that conflict of interest is

their only sin, the only thing the public needs protection from, but

they are wrong. The scope of the committee proposed today is far too

narrow. The people of British Columbia need protection from those who

would lie, condone a lie, cover up the actions of their colleagues, and

interfere in our justice system. This committee just isn't good enough.

I spoke earlier of 13 months ago, when I first took my place in this

assembly. It's with regret that I have to say that nothing has changed.

There is a new Social Credit politician in the Premier's chair, but

nothing has changed. But that does not stop this government from

pretending, from appointing a committee that it ridiculed yesterday,

because this is a government that will say anything and do anything to

stay in power.

Every government member — not just the former Premier — must be held

accountable for their failure to maintain basic standards of morality

and ethics in government. Scandal after scandal, conflict after

conflict, the Social Credit cabinet and caucus rallied behind the

former Premier. Those who stayed on either saw no problem.... Their

sense of duty was so dulled that they sat silent until the very end,

until they realized that their leader couldn't get them re-elected.

[ Page 11938 ]

Mr. Speaker, I'm going to conclude my remarks with the words of a

former member of the governing party, Rafe Mair, who on March 28 took

to the airwaves to reflect on the current state of this government. Mr.

Mair said:

"The Social Credit Party, which I was once a proud

member of and spear-carrier for, has, in the words of Watergate, lost

its moral compass. Instead of cleansing its soul, it's looking for

loopholes."

He went on to say:

"There are minimum moral standards which the public is

entitled to and will expect to be met. From the very beginning, these

moral standards have been violated day after day, minister after

minister, conflict of interest after conflict of interest, until now

the Social Credit Party comes to its moment of reckoning."

At this moment this Social Credit government is promising the

citizens of British Columbia a committee — a very narrow process that

only 13 months ago they ridiculed and voted against. Mr. Speaker, it's

time for a change.

Interjections.

MR. SPEAKER: Order, please. I would ask the member for Oak

Bay–Gordon Head to rise and actually move the amendment, if the member

wishes to speak. Is there an amendment coming?

The member for Esquimalt–Port Renfrew.

Interjections.

MR. SIHOTA: Mr. Speaker, here they are, heckling again.

Mr. Speaker, I think that it is appropriate, in light of the fact

that I raised this matter in the Legislature last year, to take a few

minutes of time today to talk about this committee. To the extent it's

being proposed, it is welcome.

As I listen to the members opposite, I think the House should be

reminded that never in the history of the Commonwealth has there ever

been a government that has had its first minister, the Premier, resign

in disgrace over conflict of interest. Never in the history of the

Commonwealth have we had a government that has had its chief law

have we had the chief financial officer, the Minister of Finance,

resign for alleged breaches of the law — and twice in his case, Mr.

Speaker. Never has there been a government that has had a Provincial

Secretary resign for diverting lottery funds to his friends and

insiders. On top of that record, a Minister of Highways resigned for

breach of conflict-of-interest regulations. And here they sit in the

House today.

Most of them are now sitting over there in that legislative corner as members

of the Social Credit hall of shame. Out of 20 ministers in this government,

11 or 12 have resigned and have demonstrated that this is a government that

has favoured friends and insiders, a government that can't distinguish between

right and wrong, a government that blindly supports loyalty and friendship over

ethics and dignity.

The indiscretions of this government, nonetheless, are not confined

to matters of conflict of interest. They deal with ethical discretions

on the part of a number of Social Credit politicians. Let us not forget

that over the past year and a half we have been witness to a number of

ethical indiscretions by various Social Credit politicians. For

example, the activities of the Minister of Women's Programs when she

was a director of B.C. Hydro and used her position as a B.C. Hydro

director and MLA to get B.C. Hydro to break the credit rules for her

son. The case of the then Minister of Agriculture who allowed golf

courses and ancillary facilities to be built on farmland, greatly

increasing the value of his family's property which was up for sale.

And one other example would suffice: the current Minister of

Transportation and Highways, who was privy to a lie and a cover-up

dealing with the Knight Street Pub and tampering with the granting of a

licence to Mr. Toigo.

[3:30]

The acting interim Premier, in introducing this amendment, would

have us believe that things have changed. But her handling of the

latest scandal today has demonstrated that she has the same ethical and

legal blind spot as her predecessor. She, like her predecessor, first

denied that there was a wrong, and said that she was satisfied that the

former Minister of Finance had done nothing wrong. Then she tried to

divert the issue, and finally she tried to blame the media, just as her

predecessor had done.

Mr. Speaker, introducing a committee is not enough. If there was a

sincere desire on the part of this administration to deal with matters

of conflict of interest, then it ought to have simply opened up the

books and taken a look at the private member's bill that was introduced

by this side of the House, because — if the members opposite can just

cease heckling for a moment; we're just about finished — we have

introduced a law that says very simply that if cabinet ministers get

their hands caught in the conflict-of-interest cookie jar, they lose

their seat, their pay and their pension.

Rather than a committee, what British Columbia needs is a law like

this one that says that you lose your seat, your pay and your pension.

Interjections.

MR. SPEAKER: Hon. members, it's opening day. Please, could we just dispense with this business with a little less acrimony.

MR. SIHOTA: The acrimony stems from the fact that the members

opposite have consistently shown an ethical blind spot and that the

Social Credit government is known for its inability to distinguish

between right and wrong: the continual cover-ups, the continual deals

for friends, the continual abuse of the public trust.

Mr. Speaker, Social Credit has forgotten who they work for. They

think that they work for themselves. This is a government that has

grown arrogant and stale. It needs time in opposition to sort itself

out. It's time for a change.

[ Page

11939 ]

MR. HARCOURT: Mr. Speaker, I rise to move an amendment to the

motion to add the words "ethical conduct and" before the words

"conflict of interest." This amendment would broaden the proposed

standing committee to deal with the ethical conduct of members of this

government and of this assembly and not simply with conflict of

interest.

While we need this standing committee, it's not good enough just to

establish the committee. It's not just the conflict per se that we and

the people of British Columbia are concerned about, but the ethical

misconduct that has plagued this government.

Eight Social Credit cabinet ministers have been forced to resign

under investigation. Of the eight, only three were conflict of

interest. The other five were matters of ethical misconduct. The

Finance minister resigned today for his role in events surrounding the

sale of Fantasy Gardens. The intentions of this government's motion

mean that his misconduct can't be investigated by the committee. And

there are other ministers whose ethical misconduct will never be

investigated if the government has its way on this motion.

We've heard today, for example, that there's never been an

investigation of the Minister of Government Management Services, who

used her position as a B.C. Hydro director to get Hydro to break the

credit rules for her son.

There's never been an investigation of the current Minister of

Transportation and Highways for his role in the political cover-up of

the Knight Street Pub scandal.

There's never been an investigation of the Minister of Native

Affairs for his role in allowing golf courses and ancillary facilities

to be built on farmland and thus potentially increase the value of his

family's property, which was put up for sale.

What we have here is a government that wants to give the appearance

of embracing integrity and ethics in government but places barriers in

the way of any public scrutiny of their behaviour. And it's only

because of shame, embarrassment or political necessity that this

government has been forced even to bring forward this motion for a

conflict-of-interest committee.

You heard how they responded last year, Mr Speaker. That's why this

motion is before us today — because of shame, embarrassment and

political necessity. This government still sees ethical behaviour as a

political problem rather than as our obligation as representatives of

the people to uphold the public trust.

But we shouldn't be surprised, for this is the government that was

forced by the weight of embarrassment to finally introduce

conflict-of-interest legislation. They thought they got that right, but

they got that wrong too. The fact is that the legislation is so poor,

it would have failed to have caught the former Premier — and despite

the fact that the former Premier has clearly mixed his public

responsibility with his personal business and in doing so has brought

disgrace and dishonour to the office of Premier.

Mr. Speaker, by adopting this amendment, by establishing a standing

committee on ethical conduct and conflict of interest, this government

has an opportunity to help us move towards more open and honest

government. But should they fail to support this amendment, they show

British Columbians that nothing has changed, that they still don't know

right from wrong and that they're not prepared to adopt the standards

of ethical behaviour consistent with the trust that the people of B.C.

place in their government and this assembly.

Mr. Speaker, I have placed the motion before you. The amendment is before this Legislature. It's up to the government to decide.

MR. SPEAKER: just before recognizing the Premier, I should

advise the members and our guests that the amendment is as follows:

that the motion be amended to insert the words "ethical conduct and"

before "conflict of interest."

HON. MRS. JOHNSTON: In my view, the

preamble put forward by

the three members of the opposition would be more appropriately spoken

at an all-candidates' meeting. But I can tell you, Mr. Speaker, that

those of us on the government side have absolutely nothing to hide, and

I'm very pleased to allow the amendment to stand.

MR. ROSE: Mr. Speaker, I'm pleased to hear about the

cooperation of the government benches on this matter. What a change a

year makes. I'd like to call a division anyway, just to prove it.

MR. SPEAKER: It may be interesting of the member to want to

call a division. However, we haven't reached that point in the process

when you can call a division. But when that time comes, you may wish to

do so.

Are members ready for the question on the amendment. All those in favour say aye. Opposed, if any.

MR. ROSE: Division.

MR. SPEAKER: A division has been called.

MR. ROSE: I want to see them stand up.

MR. SPEAKER: With leave, could the Chair request that our guests be allowed to stay in the chamber.

Leave granted.

MR. SPEAKER: Thank you. A division has been called. Is it agreed that the time-limit be removed?

SOME HON. MEMBERS: Agreed.

Amendment approved unanimously on a division.

HON. MR. RICHMOND: I would just like to say a very few words

on the motion put forward by the Premier. I find the motion very

acceptable and far-reaching. The committees have been expanded not

[ Page 11940 ]

only in scope but in number, and as you have heard,

the Premier and this side of the House have accepted the amendment by

the opposition. So I feel that with these committees in place, we are

more than adequately equipped to deal with any situation that should

arise.

I just want to conclude my remarks, though, by saying that I welcome

open debate on this and any other topic in this House; but I find a

lecture by the member for Esquimalt–Port Renfrew on morals and ethics

offensive in the extreme.

MR. SPEAKER: Hon. members, this returns us to the original motion, for members who are familiar with the original motion.

[3:45]

Motion as amended approved.

HON. MR. RICHMOND: Just before I make the next motion, Mr.

Speaker, a word of explanation about the empty chair to my right with

the flag of British Columbia on it. This Legislature, as mentioned in

the throne speech, lost one of our esteemed colleagues in the last

little while. As also outlined in the throne speech, the Hon. Jack

Davis had an exemplary career in federal as well as provincial politics.

His passing creates a void in this Legislature. His speeches usually

became the definitive word on any given subject. Many of us, certainly

on this side of the House, and perhaps even on the other side of the

House, sought his counsel on more than one occasion. He had a very

effective technique for debating with the opposition which usually

destroyed them totally: he knew what he was talking about.

He was also from Kamloops, and he will be missed by all British Columbians.

MR. ROSE: Mr. Speaker, on behalf of the official opposition I

would like to pay tribute as well and join the hon. House Leader from

Kamloops in paying tribute to our departed colleague, the late Jack

Davis.

I served with Jack Davis in the federal House from 1968 to 1974,

when he was Minister of Fisheries and later, I believe, Canada's first

Minister of the Environment. Of course, we all knew of Jack Davis

earlier because he used to write well-researched articles on such

matters as the two-river policies and other matters concerning energy.

I don't think anybody who knew Jack Davis had anything but respect for

a fine mind. In addition, he was a tremendously hard worker. In public

service, if anybody has any concern about whether or not they got their

money's worth out of an elected official, they certainly got it out of

Jack Davis.

Mr. Speaker, Jack Davis was not a gregarious man. I hate to say

this, but he wasn't one of the boys. You didn't see him hanging around

and wondering what to do next with himself — visiting "vespers" and

that sort of thing. He was the kind of person who went to his office

and also worked very hard.

I recall that he had a favourite seat on the Air Canada plane between Vancouver

and Ottawa, and for a period of six years I rode there with him. Sometimes there

were rows of three and rows of six, but he had one where there was a row of

only one, so nobody could sit beside him, because he wanted to work. He worked

tremendously on behalf of Canada, and he worked tremendously and capably on

behalf of British Columbia.

I'm sure my colleague from Vancouver East, who was once Energy

critic, paid him the ultimate tribute by saying: "Jack Davis tells the

truth." He was never evasive about questions in estimates. Regardless

of the potential political fallout, Jack always gave you a straight and

honest answer, and for that we all respected him.

I respected him for one other thing. Although we differed

politically on a number of things, we agreed 100 percent on the

irrelevance of the current Canadian Senate.

MR. SPEAKER: Hon. members, on your behalf and in your

absence, I sent the appropriate floral arrangement to the family at the

appropriate time. But if it is the wish of the House, we will send an

official message from all of you through the office of the Chair. Is

that agreed?

HON. MEMBERS: Agreed.

HON. MR. RICHMOND: It is my pleasure to move, seconded by the

opposition House Leader, that F.C. Austin Pelton, Esquire, first member

for Dewdney electoral district, be appointed Deputy Speaker for this

session of the Legislative Assembly; and that Angus C. Ree, Esquire,

member for North Vancouver–Capilano electoral district, be appointed

Deputy Chairman of the Committee of the Whole for this session of the

Legislative Assembly.

Motion approved.

MS. A. HAGEN: Mr. Speaker, I rise at this time to confirm

that you have received notice on my behalf that I wish to present a

motion of privilege in respect to the first member for Richmond (Mr.

Vander Zalm), and I will be guided by you as to the earliest time to

proceed with that matter.

MR. SPEAKER: For any members who wish to bring forward

matters of privilege, tomorrow would be considered the earliest

opportunity. You may give me notice now, but tomorrow will be

acceptable if that's the case.

MS. SMALLWOOD: I also rise to confirm notice given to you on

my behalf that I have a matter of privilege to raise in relation to the

hon. Minister of Environment (Hon. Mr. Mercier) and look for your

guidance as to the earliest possible opportunity.

[ Page

11941 ]

MR. SPEAKER: Tomorrow will be the earliest opportunity.

Are there any reports from government ministers?

Prior to the motion of adjournment, I would advise the members and

their guests that the Speaker's office has arranged for a reception to

be held immediately following the adjournment, in the usual quarters.

HON. MR. RICHMOND: Just before moving adjournment, I would remind the members that the House will sit tomorrow at 2 p.m.

Having said that, Mr. Speaker, I would like to thank all of our guests for joining us and wish everyone a pleasant good evening.

Hon. Mr. Richmond moved adjournment of the House.

Motion approved.

The House adjourned at 3:51 p.m.

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