British Columbia Hansard — Friday, March 1, 1974 — Morning Sitting (30th Parliament, 4th Session)
30p 04s 740301a
British Columbia — Debates (Hansard)
1974 Legislative Session: 4th Session, 30th 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)
FRIDAY, MARCH 1, 1974
Morning Sitting
[ Page
677 ]
CONTENTS
Routine proceedings
Committee of Supply: Department of Agriculture estimates
Mrs. Jordan — 677
Mr. Gibson — 679
Mr. Gardom — 680
Mr. McGeer — 682
Mr. McClelland — 683
Mr. L.A. Williams — 684
Division — 687
Mr. L.A. Williams — 687
Mr. D.A. Anderson — 688
Mr. McGeer — 691
Hon. Mr. Stupich — 691
Mr. D.A. Anderson — 694
Mr. McClelland — 694
Mr. Curtis — 697
Mr. McGeer — 697
Hon. Mr. Macdonald — 700
Mr. L.A. Williams — 701
Mr. Gibson — 702
Mr. Wallace — 702
FRIDAY, MARCH 1, 1974
The House met at 10 a.m.
Prayers.
MR. D.F. LOCKSTEAD (Mackenzie): Mr. Speaker, we have with us
in the House today a class of 32 students from Brooks Junior High
School in Powell River with their teachers, Rex Revfem and Betty
Williams. I ask the House to join me in — welcome.
MR. H. A. CURTIS (Saanich and the Islands): They're not in
the gallery at the moment but within the hour we'll have 16 Saanich
Peninsula students from Royal Oak Junior Secondary School. I would like
the House to acknowledge their presence.
Orders of the day.
The House in Committee of Supply; Mr. Dent in the chair.
ESTIMATES: DEPARTMENT OF AGRICULTURE
(continued)
On vote 3: Minister's office, $74,516.
HON. D. BARRETT (Premier): It's the 4,312th time of asking.
MRS. P.J. JORDAN (North Okanagan): I would like to welcome
the Premier back to British Columbia. I hope he hasn't sold us out. I
do understand he enjoyed the conference but he managed to take an
hour-and-a-half off at a very crucial time in the debate to have coffee
in the press room. We hope that that will benefit British Columbia as
much as it does the Premier's diet.
Mr. Premier, we're discussing the Minister of Agriculture's vote.
While you have been away there have been some serious allegations made
about this Minister's inability to carry on his responsibilities
without political interference from your office and in the form of your
person. As the Minister is aware, there are affidavits filed with the
House, there has been a series of questions that have not been
answered, and it is the intention of the Members of this opposition to
have answers to these questions.
What is at stake, Mr. Premier, in regard to your Minister of
Agriculture (Hon. Mr. Stupich) is the integrity of government and the
manner in which the word of a Minister of this government and the Crown
of British Columbia can be accepted.
This has very far-reaching implications, because we abhor the thought of what
we have apparently seen, which is: under-the-rug dealings and negotiations by
the Premier; interference with the Minister's duties by the Premier; the
putting of one of his own Ministers in an untenable situation where his word
is questioned.
He's had to change his word and he's had to interfere in a
duly-elected marketing board's activities on the basis of political
muscle at your instructions rather than on the basis of....
MR. CHAIRMAN: Order, please. I'd ask the Hon. Member to please address the Chair.
MRS. JORDAN: Yes, Mr. Chairman. I wouldn't want to neglect you. You're looking very well this morning.
MR. CHAIRMAN: And you're looking very well too, Hon. Member.
(Laughter.) I would also remind the Hon. Member that we are discussing
vote 3 and to address the questions to the Minister of Agriculture.
AN HON. MEMBER: Help! (Laughter.)
MRS. JORDAN: I wish, Mr. Chairman, the Minister of
Agriculture was looking as well as you are, because this Minister has
been put under an incredible strain. He's showing evidence of the
strain. He is no longer confident in his commitments. What is even
equally as disastrous as the question of the integrity of the
government is the effect that this has had on other marketing boards
and on the producers in British Columbia.
I would draw to your attention this morning the situation regarding
the Interior vegetable producers as well as the vegetable producers in
the whole of the province. This group of people are very much involved
in the inability of this government to separate its political and
partisan philosophy from what its responsibilities are as government.
I mentioned in the previous sections of this debate where the
Minister had, through his party, got himself heavily embroiled in
commitments to break the one-desk selling agency in British Columbia.
He also, whether it was his commitment or his party's commitment,
became involved with the problems of the Interior vegetable producers
where they were promised, as an executive, Mr. Chairman, before the
last election, that there would be an income-assistance programme and
that they, in particular the tomato growers, would be the first to
receive this benefit.
Now, Mr. Chairman, the Minister has stated in this House that he
makes political decisions and partisan decisions and that's his way. He
has again entwined himself in a spider web of conflict between his
partisan views and his responsibilities as Minister.
AN HON. MEMBER: He's the author himself.
[ Page 678 ]
MRS. JORDAN: The authors, Mr. Woody, are the Interior tomato
growers themselves. If you're interested, and it would be a very good
thing if that Minister was interested in what the people are saying, he
would go up to one of these conventions, as his colleague didn't, and
explain to these producers why they were given partisan political
commitments before the election and relegated to the bottom of the heap
after the election.
The only association that Minister has with tomatoes, Mr. Member, is
with those that are thrown at him by the small woods people and the
producers in this province. I would suggest that the indications are he
will become even more familiar with tomatoes, but they may not be of
the best quality. We'd like to save those for sale.
Mr. Minister, through you, Mr. Chairman, before the election your
party committed to the president of the Interior Vegetable Marketing
Board that there would be an income-assistance programme and they would
be first on the list. They not only were neglected before their
convention but they were neglected at their convention when the
Minister didn't come, as he was expected to do, and by the fact that he
again put his own employees in a most embarrassing situation.
Before the convention the Interior Vegetable Marketing people had
received the word that if they wanted to take
part in an
income-assistance programme in British Columbia, they would have to
unite with the Coast Vegetable Marketing Board.
Mr. Minister, that was not something you told them or your party
told them before the election. This is another example of the arm
twisting that is going on, if not at your own initiative then from the
initiative of the Premier of this province.
It's extremely difficult to understand not only the type of arm
twisting that's being used but the schizophrenic attitude in the arm
twisting. The Premier's known to want to break one-desk selling in the
fruit industry, and yet it appears through you and your actions with
the Interior Vegetable Board that he wants to force another
agricultural sector into a one-desk system.
This has resulted in fear of political interference in what is in
fact in the best interests of the vegetable industry and agriculture in
this province, and also tremendous uncertainty about whether the
Minister even knows what his government wants.
Mr. Minister, this arm twisting on the Vegetable Marketing Board has
met with a complete rebuff on their
part in view of the lack of
advantages that your people, or you as Minister, have been able to
present to them. Why should they give up their autonomy; why should
they give up their already lucrative market which they've achieved on
their own?
All they can see with your programme is the centralization of
control and an increase in the expense to the producer in the Interior,
which you seem to want to subsidize out of the taxpayers' pockets for a
philosophical reason rather than a practical reason of supporting an
industry and providing quality, and hopefully reasonably priced,
vegetables to the people in British Columbia.
Mr. Minister, the Interior vegetable industry is not massive in size
but it's vital in importance. The tomato growers and tomato production
are the basis of our Interior vegetable industry. You casually
dismissed them during your own statements under this vote by saying
that you'd sent them a letter about income-assistance participation on
their part.
Mr. Minister, you didn't even send them that letter until the
president and a strong member of your own political organization — and,
I would add, an extremely fine man — got up at that convention and
literally tore a strip off your inability to meet your commitments and
the strong arming that was going on in their industry in order to even
take
part in any type of assistance programme.
That sort of attitude, Mr. Minister, coupled with the questions that
lay unanswered before this House at this time, can do nothing but
encourage more and more people to drop out of the vegetable industry.
I would like a commitment from you this morning, Mr. Minister:
first, that if the rest of the opposition will demand it through you
and in concert with the Premier of this province, you will clear up
this tragic shadow that lies over this government and in turn lies over
the people of British Columbia and which, in fact, is dipping into the
pockets of the producers of this province.
The second point I'd like from you, Mr. Minister, is a commitment
that you will meet your commitment to the vegetable producers as a
whole in this province — and in this specific instance, to the Interior
vegetable producers.
Don't just send the tomato producers a letter. You know, with the
Canadian mails it could take years to get there. Get up there. Get
negotiating. Get this programme into effect now. They see their dairy
counterparts receiving their cheques; they want their cheques, Mr.
Minister.
They only produce in about a five-month period of time during the
year. They're facing incredible fertilizer costs, machinery costs and
increased insurance costs, all as a result of this government's
actions. Yet they see nothing but backtracking, a confusion of
political webs and the thought of arm twisting if they're going to be
able to have what in fact is their right in accord with this
government's policy.
Then, Mr. Minister, the asparagus growers want to know what you're going to do.
The collision course that the Minister of Consumer Services (Ms. Young) and you are on has been
[ Page 679 ]
mentioned, and that's an area where there is going to be further collision.
The potato growers: they want to know also, Mr. Minister, and we
want a commitment from you, about what you're going to do in terms of
detailed research in order that this industry can take advantage of
agricultural land and climatology studies so that they can expand their
industry. They want to know when you are going to make a commitment on
the processing plant for vegetables.
I hope, Mr. Minister and Mr. Chairman, that we won't have to spend
the whole weekend in this chamber to get some answers on the overall
cloud of this government and on some of these specific questions.
I would assure you, Mr. Chairman, that this government must answer
and this opposition is prepared to do its part to see that truth is
brought before this House and the people of British Columbia.
MR. G.F. GIBSON (North Vancouver–Capilano): Mr. Chairman, this has been a very good debate on the Minister's salary vote.
HON. D. BARRETT (Premier): Just fair, just fair.
MR. GIBSON: Just fair in some respects, Mr. Premier. I'll come to that in a moment. But many agricultural matters have been covered well.
The egg boards have been talked about and the production problems
there, and the distribution of production of the broiler board, and
there has even been a reasonable debate on the question of to what
extent there should be political influence over the operations of these
boards. These things have been covered reasonably well.
But, Mr. Chairman, we have been absolutely stone-walled on the basic
question, on the most fundamental question that has come up in this
debate: that's the question of the integrity of the government. That's
the question of whether or not there's a cover-up going on here for
things that happened in 1972 and for things that happened earlier this
month. I'd like to go at it in a slightly different way this time and
hope that perhaps the Minister might see fit to give us a little more
clarification.
The apparent situation as it's been presented to this House comes in
two parts. It comes first of all on the Egg Marketing Board and a
situation involving Messrs. Kovachich and Samsom in October of 1972.
There have been read into the record of this House sworn affidavits by
two persons on the Egg Marketing Board who attended a meeting on
October 26, 1972 — Messrs. Brunsdon and Unger.
The essence of the statements of those men is that they, the board, were directed by the Premier to do certain things.
MR. C. LIDEN (Delta): You're reading yesterday's speech.
MR. GIBSON: I'm not reading yesterday's speech, Mr. Member, but I'll read yesterday's speech if I have to until we get some answers.
So it seems pretty clear what happened at this meeting according to
the affidavits, Mr. Chairman, that have been put before this House. And
what happened....
Interjections.
MR. CHAIRMAN: Order, please! The Hon. Member for North Vancouver–Capilano has the floor.
HON. E. HALL (Provincial Secretary): Got your bags packed today?
Interjections.
MR. GIBSON: What happened at that meeting was that the board was muscled up by the government. It's just that simple.
MR. LIDEN: You're kidding, you're kidding. That was in yesterday's speech.
MR. GIBSON: So an arrangement was reached in due course in an
amount with respect to Mr. Kovachich. We don't have the Minister's
remarks with respect to Mr. Samsom, but in respect to Mr. Kovachich an
arrangement was reached in an amount that was sanctioned by the
Minister. There was a reduction of charges levied against him by the
egg board from $21,000 down to $7,500. No question of those details.
Now in February, 1974, we find affidavits to be sworn out which
detail these circumstances and then we have statements from the Hon.
Premier which are directly contrary to these affidavits. The
affidavits, as I mentioned, state that the board was ordered by the
Premier to do certain things and the Premier said: "They were not asked
or ordered or suggested to be ordered to do anything."
The affidavit said that the board was told to draft an agreement, and the Premier is quoted in Hansard as saying, "I told no one to draft an agreement."
The Premier is also quoted in Hansard as saying that he did not order any solution in this Egg Marketing Board case.
So we've reached the point where there is an obvious contradiction
between the sworn statement of two citizens of British Columbia who had
responsible positions on a marketing board and the statements of the
Premier.
So throughout this debate, the Minister has obviously been embarrassed because he is a witness to
[ Page 680 ]
these things. The memory of the marketing board
member seems to be pretty good, and the memory, of the Premier seems to
be pretty good. The Minister has been caught in between and his memory
is not any good at all. It's been a very faulty memory.
That's the egg side. Now the broiler side. There's no long time
lapse here. There's nothing about 1972 with respect to the broilers.
The broiler question is 1974, and the short history here seems to be a
wish to open up and enlarge Interior and northern quotas, which is very
understandable and proper.
But then a meeting was held on February 5, and again the same thing.
We are given to understand by another two sworn affidavits by two board
members that there was more muscle applied to another board — exactly
the same pattern that happened a year-and-a-half ago.
Then again in late February, we find these affidavits coming in one
way and the statements of the Premier again exactly contrary.
The affidavits quote the Deputy Minister of the Department of
Agriculture as saying that Mr. Barrett had ordered certain quotas to be
given related to broilers, and the Premier saying in Hansard : "I did not order anyone to be given any quotas related to broilers."
We have the affidavit again quoting the Deputy Minister of
Agriculture as saying that Mr. Barrett had directed that a committee of
three be appointed to determine allocation of broiler permits on the
basis ordered by Mr. Barrett, and the Hon. Premier saying, again in Hansard : "I did not direct that a committee of three be struck to allocate broiler quotas." Exactly opposite information.
Mr. Chairman, any evidence the House can receive on how to resolve
this contradiction — which inevitably casts a cloud either on the
persons who swore out the affidavit, or on the Premier, because these
things are directly at odds and their memories both seem to be pretty
good — would be a good thing, it seems to me, and it should be
something the government would welcome.
Let's look at the persons at those meetings. On October 26, 1972,
the persons at the meeting, according to the affidavit, were the
Premier, the Minister of Agriculture, Messrs. Janzen, Unger, Wall,
Morgan and Brunsdon from the Egg Marketing Board, and Messrs. Peterson,
King, Pope and Gilchrist from the department. Of the five outside
non-government persons at that meeting, we have sworn affidavits from
two of them.
Let's look at the meeting of February 5. There were Messrs.
McAninch, Stafford, Liedtke and Harbidge for the marketing board, and
Messrs. Peterson and King, again, Mr. Wood and the Minister of
Agriculture. Of the four outside persons — the four non-government
persons at that meeting — we again have sworn statements from two.
Out of the nine outside people at those meetings, affidavits are
available from four. Those affidavits are in harmony, and they all
paint the same picture.
Interjection.
MR. GIBSON: Well, Mr. Attorney-General, that's more evidence than we have from the government, I'll tell you that.
Mr. Chairman, I suggest that while we have heard from the public
members at these meetings we have not had an opportunity to hear in any
way from the seven public servants at these meetings. The public
servants perhaps have a better recollection than does the Minister.
AN HON. MEMBER: Identical.
MR. GIBSON: Is there not some way, Mr. Chairman, that the
Minister would find it helpful to his memory and helpful to the whole
perspective that the public will have on this...
MR. LIDEN: You're the guy who needs help.
MR. GIBSON: ...to clear up the name of the government, to
find some way that these public servants can give their version of
these meetings?
Once again there is the case for a public inquiry. If there is not a
public inquiry, once again will the Minister not do the simple thing
and speak to his officials, who are immediately available to him? There
is no problem at all in speaking to his officials. The Minister can
speak to his officials in detail on this subject in the next 10 minutes
if he wishes, and speak to those officials and come back and say to
this House that his officials tell him that the account of the
affidavit of the meeting of October 26, 1972, or the meeting of
February 5, 1974, is correct, or incorrect, in this particular and that
particular. Mr. Chairman, there is a bill of particulars here and it's
very specific, and it seems to me that this House....
MR. A.B. MACDONALD (Attorney-General): You're practising law without a licence.
MR. GIBSON: It seems to me that this House has the right to
an answer on every one of the points made — the very serious points
which impugn the name of the government in these specific bills of
particulars.
MR. G.B. GARDOM (Vancouver–Point Grey): We had hoped, Mr.
Chairman, that the Hon. Minister of Agriculture would have responded to
the remarks of the lady Member (Mrs. Jordan) and also the remarks of my
colleague for North Vancouver–Capilano (Mr. Gibson), but the questions
that are still unanswered in
[ Page 681 ]
this debate seem to be about six in number.
Is this memorandum of the Egg Marketing Board of January 31, 1974,
which says that the agreement with Mr. Kovachich was drawn on the
instructions of the Hon. Premier, true or false, Mr. Minister? Was that
agreement drawn on the instructions of the Hon. Premier?
Interjection.
MR. GARDOM: Yes, that's the October, 1972, one but it's referred to in this memorandum of January 31, 1974, Mr. Member.
The memorandum further indicates that the terms of the agreement
with Mr. Kovachich were those insisted upon by the Premier. That is
what the Egg Marketing Board says, Mr. Minister. Do you consider that
to be true or false?
Mr. Minister, did the Premier say there would be no court action
against Mr. Kovachich? Did he say that? Yes or no. Did that consist of
an order to the Egg Marketing Board from the Premier, Mr. Minister? Yes
or no.
Did the Premier say to Mr. Kovachich, and/or to the board, "I'll
kick the 'censored' out of you," or words to that effect? Yes or no.
We have to remember that the Hon. Minister of Agriculture was present at all of these meetings.
Did you set the figure, Mr. Minister, at $7,500 for Mr. Kovachich?
Yes or no. And if you didn't set it, Mr. Minister, who gave that figure
to your Mr. Pope? Will you answer that?
Did the Premier say, Mr. Minister, that he would deny everything if
it was ever repeated out of his office? Did he say that? Yes or no.
You talked about political interference, and in the most modern
edition of Funk and Wagnalls, interference is defined this way: "To
intervene and take
part in the affairs of others; especially to
interpose oneself without invitation or warrant." Did that occasion in
this particular instance?
Interjection,
MR. GARDOM: Oh, that doesn't give him unlimited powers
though, Mr. Attorney General. You see, this is how you're missing the
whole point of the debate.
AN HON. MEMBER: He did interfere.
MR. GARDOM: I'd ask if the Hon. Minister of Agriculture is
prepared to request that Mr. S.B. Peterson and Mr. Maurice King file
affidavits, or give statements to the House in response to the sworn
material of Mr. W.H.L. Brunsdon and Mr. John Unger.
It's very interesting to take a short look at the Natural Products Marketing
Act . Under
Section 4 of that statute we see that the "purpose and intent
of this Act is to provide for the promotion, control and regulation in all respects
of the transportation, packing, storage and marketing of natural products."
That's the purpose and intent of this Act. The Act gives the power, and
it doesn't give it to the Minister, per se, or to the Premier, per se.
section 5, it says the Lieutenant-Governor-in-Council may vest in
any provincial board, "any or all of the following additional powers,"
under 5 (d), "to fix and collect licence fees, and to fix and collect
from such persons fees for the services rendered, or to be rendered by
the board, and to recover such licence and other fees by suit in any
court of competent jurisdiction." But the power to vest in any board is
that of the Lieutenant-Governor-in-Council, not the power of the
Premier. He does not have those powers at all.
Under
section 9 dealing with regulations, Mr. Minister, it says the
Lieutenant-Governor-in-Council "may make such regulations as are
considered necessary or advisable for carrying out the purpose and the
intent of the Act." The Lieutenant-Governor-in-Council may make such
regulations as are necessary, and so forth, for carrying out the Act,
and may vest in any board such authorities and powers as are considered
necessary or advisable. The power there to make those regulations or to
vest in a provincial board authorities and powers are those of the
cabinet — not those of the Premier and not those of the Minister of
Agriculture.
The question was well stated by the lady Member this morning as to
whether or not the government acted with integrity, whether or not the
Minister has acted either within or beyond the confines of his duties
and responsibilities.
The question is whether these affidavits are to be believed, or are
to be disbelieved, or are to be tested in another manner. That has been
suggested over here. We recommended that there be an independent
tribunal set up under the Public Inquiries Act . That is why we have a
Public Inquiries Act in the Province of British Columbia.
So far, Mr. Chairman, there has been no evidence submitted by the
Minister which would contest the material in these four affidavits.
But, in fact, evidence to the contrary. We have sworn statements, four
affidavits — corroborative, essentially, of each other. The material in
these affidavits per se has not been refuted by the Minister. The
material that is in the affidavits has been supported by memoranda from
the Egg Marketing Board that these agreements were at the insistence of
the Premier. And the agreements themselves and the memoranda themselves
certainly, without question, unqualifiedly indicate that favourable
treatment did ensue.
You know, Mr. Chairman, to the Hon. Minister of
[ Page 682 ]
Agriculture, to have an agreement it takes two
sides not only ready, willing and able to agree, but freely ready,
freely willing and able to agree. You have to have consensus ad idem
or meeting of minds. And that's one of the tests and ingredients in
determining whether or not there is any true and valid agreement, or
true and valid contract.
But that meeting of minds, Mr. Minister, has to be arrived at
without compulsion, without duress, and without improper pressure. Did
that happen here? It doesn't seem, from the evidence, that it did. What
happened seemed to be a situation of force feed.
Mr. Minister, it could probably still be argued that the agreement
that was entered into was ultra vires, certainly ultra vires the Act
because it wasn't one that was entered into freely and willingly, and
perhaps it still could be subject to court review. I don't know; I say
perhaps.
I say again, and to what extent, how powerful was this insistence of
the Premier? Was it an offer that Mr. Kovachich and the board couldn't
refuse? If that's the situation, isn't that government by godfather;
and that's wrong. That is why the question of governmental integrity
has arisen in this debate.
We can recall that when the Premier was dealing with the Member for
Atlin (Mr. Calder), the Premier indicated the very high degree of
propriety that he expected from his Ministers. He indicated and stated
that cabinet Ministers have a very high and moral obligation to not
only govern and act within the confines of the law, but appear to do
so, and they have a higher and greater degree of responsibility than is
imposed upon any Member of this Legislative Assembly. And they have to
act according to very high moral guidelines.
I wish that the same test was applied here.
The Premier imposed upon the Member for Atlin the highest fine in
the history of this province. He removed him from cabinet; he cut his
salary thousands of dollars — $21,000 I understand — because the
Premier did not conclude that the Hon. Member told the Premier the
truth. And this is the issue here, Mr. Chairman! Who is telling the
truth?
There weren't any sworn statements in the Calder case. There are
here. There wasn't any corroborative evidence before the people of
British Columbia or before this House in the Calder case. There is here.
The capacity to abuse power in the many statutes that have been
enacted by this government since it has taken power, since it has come
into office, have been criticized by the whole of the opposition and by
the majority of the people in the Province of British Columbia.
You stated throughout "trust us." The opposition said throughout,
"Don't take those powers if they're not going to be used." You said,
"We might not use them, trust us." But the power that appears to have
been abused — I accept the word from the Hon. Member for West
Vancouver–Howe Sound (Mr. L.A. Williams) — the power that appears to
have been abused here didn't even exist in the statute. There is
nothing within this statute granting that power. And still there seems
to be an excess of power, abuse of it, and we consider it to be a very,
very serious matter.
MR. CHAIRMAN: I recognize the Hon. First Member for
Vancouver–Point Grey, but before the Hon. Member proceeds, I would
again draw to the attention of the House standing order 43: "Mr.
Speaker, or the Chairman, after having called the attention of the
House or of the committee to the conduct of a Member who persists in
irrelevance or tedious repetition either of his own arguments or of the
arguments used by other Members in debate, may direct him to
discontinue his speech," et cetera.
And also standing order 57....
MR. P.L. McGEER (Vancouver–Point Grey): Mr. Chairman, you
don't need to read the rules of the House to me. You'd do very well to
read them yourself and abide by them. You're the one who's being
tedious and repetitious. We're dealing with the Minister of
Agriculture's vote.
MR. CHAIRMAN: Order, please. And also to standing order 61
(2): "Speeches in Committee of the Whole must be strictly relevant to
the item or clause under consideration." I would ask the Hon. Members
as they continue that they observe the standing orders of the House in
spirit. Thank you.
MR. McGEER: Mr. Chairman, the Minister has been asked a
number of questions during the last two or three days. He seems to have
difficulty with his memory, and he's had some difficulty with his
tongue. It involves the Premier as well. And, Mr. Chairman, I don't
know how essential it is for you to read standing order 43, but I can
tell you one thing that took place in this chamber before you had the
honour to be a representative here. That was the time the Premier, when
he was the Leader of the Opposition, asked the same question 67 times,
for 3 1/2 hours.
MR. CHAIRMAN: Order please, if the Hon. Member is convinced that....
MR. McGEER: And I haven't asked the same question 67 times,
Mr. Chairman. I can tell you that the standards that were established
before you came to the House by the Members who now sit in government
and ask you to invoke standing order 43, were established by them when
they asked the same question 67 times. And you weren't here, Mr.
Chairman, and we were.
[ Page 683 ]
MR. CHAIRMAN: Order please, is the Hon. Member...?
MR. McGEER: We don't need lectures from the chair or from the cabinet as to what tedious and repetitious is in this House.
MR. CHAIRMAN: I would leave it to the conscience of the Hon. Member to make that decision.
MR. McGEER: Mr. Chairman, through you to the Minister of
Transport and Communications (Hon. Mr. Strachan): There is no hurry in
this House when the matter of integrity is being discussed.
We can take all day, all weekend, all month, and all year. Mr. Chairman...
HON. MR. MACDONALD: Off we go into the wild blue yonder.
MR. McGEER: ...we are not bothered about the problem of tediousness and repetitiousness.
HON. R.M. STRACHAN (Minister of Transport and Communications): You're the expert.
MR. McGEER: We are bothered about the integrity of Members of
the cabinet who dearly wish to forget some of the things they did
within two weeks of taking office. Many times those Ministers stood in
their places and appealed, through us, to the public to trust them.
Many times have they made insidious comparisons between the former
administration that was closed in secret and untrustworthy, and theirs
which was open and aboveboard.
As the Member for Vancouver–Point Grey (Mr. Gardom) so well reminded
the cabinet Members, one of their number was dismissed. The only charge
laid against him was lack of candour. Yet, according to a sworn
affidavit, the Premier of the province promised to lie about any
repetition of statements made outside his office.
The Premier, in answering questions in this House, denied the
allegations in the affidavit. The Member for North Vancouver–Capilano
(Mr. Gibson) once more summarized precisely the issue: the discrepancy
in statements by citizens of British Columbia in affidavits sworn
before authorities of justice in British Columbia, and statements of
Ministers of the Crown given in this Legislative Assembly.
We have asked the Minister repeatedly to clear up this cloud which
hangs over the Premier and himself and the government. He's refused to
do so, pleading amnesia. We've asked him, as an alternative, to support
a public inquiry and he's told us that is unnecessary.
Mr. Chairman, this morning the Minister has another official, who
was present at those meetings, sitting close to him. The Minister can
consult with him about what went on. Earlier in the week he was too far
away in Saskatchewan. He missed an opportunity for three running days
to consult with another person who was present at those meetings, who
was also sitting next to him — if his own memory was such that he could
not give frank answers to this House.
Obviously, if one set of facts is presented in sworn testimony as
these four affidavits have done, and another set of facts is presented
by the Premier and Minister of Agriculture, we can't just let it go at
that. We must seek better answers or opinions from others who were
there.
There are many routes. The Second Member for Vancouver–Point Grey
(Mr. Gardom) has suggested the obvious and best one. But, Mr. Chairman,
before we press in a more formal way for this, or before we take any
other action in the House, we appeal once more to the Minister to give,
us a frank and candid answer about what happened at those two meetings
where these four affidavits have given one account of the events.
Mr. Chairman, did the Premier at that meeting threaten to kick the
"censored" out of the Egg Marketing Board if they failed to do the
bidding of himself and the Minister?
Did the Premier say he would deny that conversation if anyone
discussed it outside his office? Did the Minister of Agriculture send a
representative of his department to see the members of the Egg
Marketing Board and persuade them to revise the figure down to what he
considered acceptable, namely $7,500?
In the matter of just last month with the Broiler Marketing Board,
were similar tactics used in which the Minister told the Broiler
Marketing Board what their decision must be?
Those are simple, straightforward questions that can yield to a
simple yes or no answer. Once more, will the Minister get up now and
tell us "yes" or "no" to each one of those specific questions?
MR. CHAIRMAN: Now I would caution the Hon. Members that
continued repetition under this
section could constitute a violation of
standing order 43, and I would make the point that while the Members
are concerned about integrity of government we must also be concerned
about the integrity of this Chair. Therefore, I must apply the rules as
they are given to me.
MR. R.H. McCLELLAND (Langley): Mr. Chairman, are you accusing me of tediousness and repetitiousness before I even open my mouth, Mr. Chairman?
[ Page 684 ]
AN HON. MEMBER: That's anticipation.
MR. McCLELLAND: It sure is anticipation of the worst kind.
Mr. Chairman, I promise I will bring an entirely new subject to this
debate. How's that?
We stood here and hoped this morning that the Minister would stand
in his place and promise us that he would at least give us the
assurance of an inquiry into the questions that have been raised; and
to the shame of this House, that hasn't happened.
I want to say, Mr. Chairman, that there are some serious
repercussions to this lack of action and this lack of answers. I will
speak later if we don't get any more answers, but briefly I just want
to bring a new item to the attention of the Minister; it has to do with
a resolution passed by the British Columbia Egg Producers' Association.
The British Columbia Egg Producers' Association is in serious
concern about the political interference by the Minister and by the
Premier of British Columbia. I want to read to the House the resolution
passed at a meeting held in Abbotsford, British Columbia, on the
evening of February 26, 1974. The resolution states:
"Whereas the British Columbia Egg Marketing Board has
adopted and implemented certain policies which, in effect, have
resulted in preferential treatment and special consideration being
given to Interior egg producers at the expense and to the detriment of
the lower mainland egg producers, and
whereas the Minister of
Agriculture, Hon. D. Stupich, and the Premier, Hon. D. Barrett, have
publicly denied ever using any influence, pressure or coercion on the
board or any of its members to bring about such policies or such
action,
be it resolved that we, members of the British Columbia Egg
Producers' Association instruct the board to: 1) recall any quota or
permits issued to Interior egg producers since October, 1972, and make
this quota available by purchase to Fraser Valley producers. Further,
be it resolved that we instruct the Board to: 2) Return to the Minister
of Finance such sums of money as have been advanced by him for the
original purchase of this quota from the sale of the same."
Now what that means is that the actions of the Premier of British
Columbia and the Minister of Agriculture have turned the egg marketing
programme completely upside down.
Originally the Minister and his officials were doing a fine job.
There was an orderly programme underway. The Minister was doing his
job. The people had good confidence in that Minister, but the improper
conduct of the Premier has undermined the whole programme. The
situation is deteriorating, thanks to the Minister, thanks to the
actions of thePremier.
MR. CHAIRMAN: Order, please!
MR. McCLELLAND: And we can't wait any longer, Mr. Chairman...
MR. CHAIRMAN: Order, please!
MR. McCLELLAND: ...for any kind of action from the Minister.
MR. CHAIRMAN: Order, order, please! I would point out two points with regard to your comments.
First of all, it is not proper to accuse the actions of a Minister
of being improper — or to say that a Minister's actions are improper.
Also we are not discussing the Premier's estimates. We are discussing
the estimates of the Minister of Agriculture.
MR. McCLELLAND: Mr. Chairman, I would just like to say that
you have sat through this whole debate, and even participated in it,
and you still don't understand what is going on.
AN HON. MEMBER: Where have you been? Where have you been?
MR. McCLELLAND: All I want to say, Mr. Chairman, is that the
whole egg marketing situation in British Columbia is deteriorating at a
rapid pace, and if that doesn't have to do with agriculture in British
Columbia, I don't know what does.
All I want to say is that if the Minister doesn't take some action
right now, if the Minister doesn't open up this whole question to some
kind of a public inquiry, then the British Columbia Egg Marketing Board
is going to go down in a shambles, the British Columbia Broiler
Marketing Board is in danger of going down in a shambles, and the
agriculture industry in British Columbia will be in a shambles and
could collapse.
That's what I'm asking and that's what we're demanding of that
Minister. That's what the people of British Columbia want, Mr. Minister.
HON. MR. STRACHAN: You're trying to raise chaos.
MR. L.A. WILLIAMS (West Vancouver – Howe Sound): It's
understandable why there's some difficulty in maintaining order in the
committee this morning, particularly in view of some of the remarks
which have been addressed from the Chair. Talking about the integrity
of that Chair, I might just say, Mr. Chairman, to you and to other
Members of this House that it's no wonder that among the general public
there's a feeling of dissatisfaction with politics
[ Page 685 ]
and politicians when you would deem to suggest that
the integrity of that Chair is more important than the integrity of
Ministers of the Crown of this province.
MR. D.A. ANDERSON (Victoria): Hear, hear!
MR. L.A. WILLIAMS: If they collapse, Mr. Chairman, your Chair
and this whole institution will fall into disrepute. It's because of
this that I must again address myself on a different subject than I've
ever spoken before, Mr. Chairman, to the Minister.
I did speak yesterday about the broiler marketing programme in this
province and I referred specifically to what the law prescribes. I
suggested in those remarks that the Minister, in his discussions or
negotiations with the two members of the Broiler Marketing Board, was
taking unto himself powers that the law did not give him and was
placing the members of the Broiler Marketing Board in the position
where to accede to his requests would have been to oblige them to act
unlawfully.
The Minister, in responding later in the day, indicated that he did
not have before him that time the regulations which established this
Broiler Marketing Board. I would like to deal with those regulations
very briefly, because arising out of these regulations and the failure
of the Minister to recognize their implications, he is placed, aside
altogether from the Premier, in a very, very difficult position.
If you'll recall, Mr. Chairman, the Minister in his meetings with
two members of the Broiler Marketing Board suggested or directed or
requested or asked — I don't care which words the Minister wishes to
use — that they place on the board of the broiler marketing
organization two new members, one from the Interior and one from
Vancouver Island.
I would read to you regulation 301. It specifically states: "There
shall be a board named the British Columbia Broiler Board consisting of
three members."
Interjection.
MR. L.A. WILLIAMS: Well, if the Minister now wishes to get up
in this House and clarify some of the remarks that he made before, then
I'm only too pleased to take my place. But I think it might be
appropriate if he wait until I finish, because I'm going to deal with
the memorandum that the Minister sent to the Premier, which does not
make that clear.
There are three members of the board, and you can't do anything else
about it unless you change the order-in-council. That's clear and I'm
sure the Minister agrees.
HON. D.D. STUPICH (Minister of Agriculture): Do you want me to clarify that?
MR. L.A. WILLIAMS: No, I don't want you to answer that. You'll have your chance.
In this meeting with the two members of the Broiler Marketing Board,
the Minister also suggested or requested or demanded or asked — and I
don't care which words the Minister uses — that certain additional
quotas be provided in other areas of the province and that the
allocation of those quotas among applicants be determined by a
three-man committee.
I would refer you to division 4 of the order-in-council, creating
this board and this whole marketing scheme, which establishes the
powers of the board. One of the powers is:
"To require any and all persons engaged in the
production, transportation, processing, packing, storing or marketing
of the regulated product" — that's the broiler fowl — "to register with
and obtain licences from the board."
The last of the powers given to this board by the order-in-council
gives them the right to delegate powers to the extent in such manner as
the board deem necessary, except that they cannot in any way delegate
the powers to issue licences to people who would engage in broiler
marketing and production.
It isn't a matter of whether or not the directors of the Broiler
Marketing Board wanted to do something different or didn't want to do
anything in the way indicated by the Minister. The fact of the matter
is that the law of this province prevented this Broiler Marketing Board
from doing any of the things that the Minister asked, demanded,
requested or suggested. They couldn't without breaking the law.
Yet we find in the affidavit sworn by Mr. McAninch, exhibited
thereto, a copy of a memorandum, dated February 12, 1974 — less than a
month ago — from the Minister of Agriculture to the Premier of this
province. The copy also went to G. Anderson, MLA, chairman, NDP caucus
agricultural committee — that's the caucus committee — and to Don
Lewis, MLA. I can only assume that Mr. Anderson is the Hon. Member for
Kamloops and that the Mr. Lewis referred to is the Hon. Member for
Shuswap. The other significant thing, Mr. Chairman, is that the
memorandum from the Minister to the Premier has been signed by D.E.
Lewis, Gerry Anderson and D. Barrett.
What did the Minister of Agriculture say to the Premier in that memorandum? I don't wish to read it all, but it says:
"Since the meeting in your office" — the Premier's
office — "there have been several meetings among members of my staff
with the caucus agricultural committee and with the broiler board.
"The following is a
summary of the situation to date.
In that you have taken a personal interest in these questions, I would
appreciate
[ Page 686 ]
your consideration of the following points.
"First, allocation of production into the Interior. A
three-member selection supervisory committee will be named by myself as
Minister of Agriculture to oversee the selection of the 11 growers in
the Interior."
That's a statement from the Minister of Agriculture to the Premier
of this province which goes beyond the Minister's lawful authority. He
didn't have the right to establish any selection committee, and the
Broiler Marketing Board did not have any right to accept from the
Minister any such direction or any such committee. As a matter of fact,
it was contrary to the law for them to allow such a committee to
exercise the function of selection.
But this is an agreement. We've now got government.... You know, we
order-in-council. We've now got government by private agreement, Mr.
Chairman, in defiance of the orders-in-council and of the statutes of
this province.
MR. D.A. ANDERSON: Shame!
MR. L.A. WILLIAMS: It goes on: "The process of selection will
be the responsibility of a selection supervisory committee" — a
committee which has no authority under the order-in-council, which
cannot exist, and which the Minister could not force upon the Broiler
Marketing Board.
Then the other matter. The memorandum from Mr. Stupich, the Minister of Agriculture, to the Premier says in
section 4:
"Broiler board.
"There are three members of the broiler board, all
three of whom are elected at the annual meeting of the Broiler Growers
Association."
That's in accordance with the order-in-council; that's the law.
There are three and no more than three. The Minister then goes on to
say to the Premier:
"In that the directorate will be expanded almost
immediately to include two directors from the Interior, and in that any
changes in the board's constitution itself should be considered at the
May annual meeting of the association members, I would recommend that
we do not interfere with the board itself."
A recommendation from the Minister of Agriculture to the Premier of
the province that they stop interfering with the board in the conduct
of its lawful responsibility and authority.
They won't interfere says the Minister in his memorandum to the
Premier, because there are going to be some changes in the membership
of the board almost immediately, changes which the board could not
make, which the Broiler Growers' Association could not make because the
law, the order-in-council, does not permit either the board or the
Broiler Growers' Association to make any changes in the composition of
the Broiler Marketing Board.
As I said yesterday, there is only one lawful authority to change
either the composition, the responsibilities or the powers of the
Broiler Marketing Board, and that's the executive council of the
Province of British Columbia. Not that Minister, not the Premier, not
any MLA in the NDP agricultural committee, not in the caucus committee
— they don't have the responsibility or the power or the authority;
it's the executive council of the Province of British Columbia.
What we've got before us now is a government that suggests that
changes must be made in this Broiler Marketing Board, and a government
which is unwilling to act in accordance with the law in bringing those
changes about. A government and Ministers who would rather, somehow or
other, make an under-the-table private agreement which would put the
Broiler Marketing Board outside the law and the members of that board
acting unlawfully. That's the way that the administration of government
is being carried on in this province today.
The reason it is so important, and the reason that we must discuss
it in this Minister's vote, is because it opens the door for the people
of British Columbia to see for themselves how cabinet responsibility
functions in British Columbia. And if this is happening with regard to
the eggmen, what about all the other orders-in-council and cabinet
responsibilities? They're all thrown into question.
The mining industry is up in arms because of authority which will be
given to the Minister of Mines under legislation before this House. I'm
not going to deal with that, Mr. Chairman, but is it any wonder that
they're up in arms when they see this conduct with the Broiler
Marketing Board dealing with the government on a private, ad hoc basis
outside the law? What other organizations, what other groups in the
Province of British Columbia can feel secure? We all appreciate the
concern of people in every walk of life with regard to the performance
of government.
It's obvious, Mr. Chairman, that the Members of the NDP are
obviously so embarrassed by the debate that is taking place in this
House, in this committee, that they don't want to stay here and listen
to it. So, I move that the committee rise, report progress and ask
leave to sit again.
MR. McGEER: Mr. Chairman, a point of order.
MR. CHAIRMAN: State your point of order.
AN HON. MEMBER: Standing order 16 (2) regarding divisions. Would you read standing order 16 (2) ?
[ Page 687 ]
MR. CHAIRMAN: What is the point of order under this standing order?
AN HON. MEMBER: Well, Mr. Chairman, the time for calling the question is long since passed.
MR. CHAIRMAN: The standing order states: "...not less than
two minutes, not more than five. We have a timer here and it certainly
hasn't gone past that.
MR. D.A. ANDERSON: When did you turn it on?
Interjections.
AN HON. MEMBER: Just look at the clock!
MR. McGEER: Is there something faulty with the clock on the wall, Mr. Chairman?
MR. D.A. ANDERSON: It's an NDP timer; it runs slow.
MR. CHAIRMAN: Order, please! The timer is a 3-minute timer.
There is no point of order. It would appear that all who can be here
are here. Is it agreed that the vote be taken now?
Motion negatived on the following division:
YEAS — 16
Bennett
Smith
Jordan
Fraser
Phillips
Richter
McClelland
Morrison
Schroeder
McGeer
Anderson, D.A.
Williams, L.A.
Gardom
Gibson
Wallace
Curtis
NAYS — 28
Hall
Macdonald
Dailly
Strachan
Nimsick
Stupich
Calder
Nunweiler
Brown
Sanford
D'Arcy
Levi
Lorimer
Williams, R.A.
Lea
Young
Radford
Nicolson
Skelly
Gabelmann
Gorst
Lockstead
Kelly
Webster
Liden
Steves
Barnes
Anderson, G.H.
MR. L.A. WILLIAMS: Now that the Members of the government
party have seen fit to return to the House, I suppose I should review
for them the position that I had reached when I.... Well, you see, Mr.
Chairman, you have already heard what I had to say, but it's these
Members who really need to be instructed.
However, I will only very briefly summarize what I said a few
moments ago, Mr. Chairman. It comes down to this: under the laws of the
Province of British Columbia, a certain authority is given to Members
of the cabinet and certain authority is given to other boards or
commissions which are established by those laws. It is improper for
people who have no right or responsibility to interfere with the
operations of either of those boards or commissions, or with the
discharge of cabinet Ministers by their responsibility.
That's where we stand today. It is shocking to find that a Minister
of the Crown is the one who has interfered with the operation of a
board or commission established by order-in-council, completely without
authority, when that cabinet has the power as it deems fit to change
the authority of the board and its constitution, and to give the
Minister some proper say.
It comes also to this: questions have been raised as to whether Hon.
Members of this House and Ministers of the Crown have lied or not.
We're not going to get that answer here, obviously, even though the
Minister of Agriculture is in a position to cast light upon that most
serious question.
It is not a question of whether the Minister has used his lawful
authority properly in the administration of affairs falling within his
department. The question is, Mr. Chairman, whether in the privacy of
their offices and the security of the positions that they hold as
Members of the cabinet of this province, individuals, Members of this
House, are entitled to meet with citizens of the province and to place
propositions before them with all the weight that their particular
office carries and allow those citizens to go out from this building
expecting that they can rely upon the sense of responsibility of Crown
Ministers.
The Premier of this province and the Ministers of this cabinet must
recognize that in their positions they cannot make statements publicly
or in the privacy of their office. They cannot put suggestions or make
demands which are outside the law, because when they do they cast
ordinary citizens into the position of having to choose between whether
to act within the law or to accept the pressure of government to act
outside the law.
For a year or more the citizens of our neighbouring country have had
to face up to the unbridled, unfettered and unlawful use of power by
people who are in positions in the Executive Branch of the United
States of America. And what we have here today is a clear indication
that what has taken place in the United States of America in its
federal government is, and has been, taking place in British Columbia
too — the abuse of executive power and of positions of trust into which
Members are placed by this assembly and by the people of this province.
[ Page 688 ]
That's the issue that is raised by the simple conflict of sworn
testimony by citizens of this province, statements by the Premier and
the absence of any response from the Minister of Agriculture.
MR. CHAIRMAN: It would seem to me that the charge that the
Hon. Member has made should be contained in a substantive motion and
brought before the House in that manner if he intends to pursue it,
rather than pursued in his estimates.
MR. L.A. WILLIAMS: Thank you, Mr. Chairman. I certainly am
giving the most serious consideration to that particular act, as I
assure you or other Members of this assembly. It should be a relief to
the people of the Province of British Columbia to know that Members are
prepared to stand on the floor of this House and take these positions
and bring out into the light of day actions by cabinet Ministers which
are wrong, which are improper, and which raise serious doubts as to the
efficiency of government.
MR. D.A. ANDERSON: It is a disappointment, Mr. Chairman, to
find that the Minister did not want to respond to the statements made
earlier by my colleague from West Vancouver–Howe Sound (Mr. L.A.
Williams). It is a disappointment because we are faced here this
morning, as we have been faced every afternoon of the last few days,
with a problem which is one of principle, and a fairly fundamental
principle at that.
We have, of course, on the one hand the question of improper use of
government power. We have the whole question, Mr. Chairman, as outlined
in a number of speeches in this chamber as to whether or not it's
correct, lawful, for the Minister or the Premier, or civil servants
acting at their behest, to interfere in the activities of what are
meant to be independent marketing boards set up under our natural
products marketing legislation.
We have argued at length, and I think we have proved fairly
conclusively, that the activity of the Minister of Agriculture, of the
Premier, and of these civil servants acting on their behalf, in
relation to these boards has been improper and, indeed, unlawful.
We feel, as has been mentioned before, that this principle is
identical to that which has been raised, heard, discussed, over the
last year, more than a year, in the United States — whether or not the
Executive Branch of government can act unlawfully, and whether or not
because they have power — power to conceal, power to cover up, power to
coerce — they can ignore the laws that govern other men, and ignore the
laws made by this assembly — not by the executive, but by this
assembly, the legislative branch of government — allegedly to cover
everybody in society.
We discovered that this government and this executive has decided
that according to the affidavits filed, sworn affidavits filed, they
intend to act unlawfully, illegally — that they intend to act as though
the law did not apply to them.
The other aspect, Mr. Chairman, is an equally serious one. We have
affidavits, four in number, dealing with two separate items, and these
affidavits indicate, if they are true, that either the Minister of
Agriculture or the Premier, or both, are not telling the truth in
response to questions in this House.
Indeed, to be perfectly blunt, if these affidavits are true, the Ministers in question obviously must be lying.
This is not a case of a mere difference of
interpretation of past
events. It's not a case of minor variations as to what happened. The
affidavits that we have, if they're true — I'm not sure; I cannot
guarantee that, but there is sworn testimony of citizens of this
province, and responsible citizens as well — if they are true, they are
so contradictory to the statements made in this House that clearly the
Premier and the Minister of Agriculture have misled us, and indeed
would have lied to this House.
On the other hand, if the statements by the Minister of Agriculture
and the Premier are accurate, we have in this province at least four
men who are willing to perjure themselves, willing to lie before a
notary public, willing to lie about the actions of the Premier and the
Minister of Agriculture and, in so doing, casting doubt upon this whole
House, its operations, the integrity of the government and, of course,
the integrity of the Members here who, after all, should be the first
line of defence when it comes to checking on the accuracy of government
statements.
Mr. Chairman, unfortunately the statements of the Premier, in reply
to questions in this House, were not corroborated by the Minister of
Agriculture in the manner that I would have thought, had he been sure
of their accuracy. Mr. Stupich, the Minister of Agriculture, on
Wednesday last, talked about: "it's a non-issue, it's a dead issue." He
talked about, "I'm not denying that this is their best recollection of
what happened."
He said "I'm not denying that this is their best recollection of
what happened. I'm not denying that they are likely to recall something
that happened a year-and-a-half ago word-for-word better than I would."
He's not denying that the likelihood of their being accurate is better
than his own. Indeed, he states it flatly. But he goes on to say,
despite the fact that in this House the Minister of Agriculture said
that in his opinion it's likely that the affidavits filed are more
accurate than his recollection of the facts: "I just don't remember it.
I'm not terribly concerned about trying to remember it." Then he goes
on and
[ Page 689 ]
states: "I'm not interested in inquiring into anything!"
Now, this is very curious. We have a Minister who states that the
people who swore these affidavits are probably more correct in their
memory of the facts than he is. He goes on to say that he didn't say
that the facts were different from what they said. He goes on, however,
to say that he's not interested in inquiring into anything. He's not
interested in trying to remember. And therefore we've had in the last
two days the opposition attempting to push as hard as we can to jog his
memory.
Mr. Chairman, the point at issue is this: the Minister has, within
his own powers, by consultation with the officials of his department,
the ability to set the record straight, and he has consistently refused
in this debate to do so. Now, why has he refused? Why will he not take
the logical, normal step as the Minister responsible for his department
to inquire of his officials, and to discover where the truth actually
lies? This is not a question of a couple of people having very minor
variations of memory; it is a question of totally different
interpretations of the facts.
The Minister, in my view, has every opportunity and has had every
opportunity to state what the facts are. He can do this by the simple
expedient of consulting with the officials of his department. The
officials of his department — more than one of them — have been in this
chamber just two or three feet from him. It would have been perfectly
simple to consult and find out what the truth was, but apparently,
according to the Minister, he was not interested in finding out whether
the Premier had told the truth in this House, and he was not interested
in finding out whether those who swore formal affidavits were telling
the truth when they swore such affidavits.
Now, why is it that he didn't take the logical and normal step of
clearing this thing up? We've asked. Every Member in the opposition who
has spoken in this debate, I believe, has referred to this in one way
or another. We've asked time after time for honesty in government.
This is the government that promised us open government — not
closed-doors government, not statements such as "if you say anything
outside this room, I'll deny it." This is the government that promised
honest government, open government.
It's the government which, when one Member of the cabinet apparently
was not candid with the Premier about a matter which has nothing to do
with public affairs, nothing to do with the conduct of public business
in the province, nothing to do with his oath of office, nothing to do
with the expenditure of public funds, when he apparently, according to
the Premier, misled him — indeed I think the words used were "was not
candid with the Premier" — when that happened to him, by golly, he got
the boot very fast. He got thrown out, and there were a lot of
sanctimonious things said by the cabinet members at that time.
MR. McCLELLAND: Where are they now?
MR. D.A. ANDERSON: Where are they now? One of them is in the
room. One of them is here, and she said — and let me see if I can find
her quote exactly. Oh, dear, maybe I can't. I'll have to make sure I
get it exact. Well, I don't have it under my finger, but in any event,
the statement made by the Minister was this: "If something incorrect
has been done, it is quite right to fire the man. He should be fired at
once."
The Premier made statements that his government was an honest,
upright government, clean as a hound's tooth. There was going to be
none of this nonsense about having any little doubts about truth or
veracity of any Minister's statement, and yet now we have the Premier
not even attempting....
MR. CHAIRMAN: Order, please! We are discussing the Minister of Agriculture's estimates.
MR. D.A. ANDERSON: That's right.
MR. CHAIRMAN: And as the Minister of Agriculture is present, I would ask you to direct your questions to him.
MR. D.A. ANDERSON: Mr. Chairman, you are perfectly right. We
are discussing his estimates, and I'm trying to find out why there is
this sudden change of heart of the government where he can stay here
and simply not give out the facts when he has every opportunity of
obtaining the facts, but when another former Minister apparently, if
that's the word....
MR. CHAIRMAN: Order, please! This matter can be canvassed under the Premier's estimates. I would ask you to confine your remarks to the....
MR. D.A. ANDERSON: Mr. Chairman, I'm asking why this Minister
of Agriculture does not set the record straight when he has within his
power the officials, and the ability to consult with officials, which
straighten it out.
MR. CHAIRMAN: Order, please! I must give a ruling, and that
is that this matter of requesting further information from the Minister
now has been repeated many, many times. The Minister has indicated that
he has given all the information that he is going to give on this
matter. Therefore I would rule that any further questioning seeking
further information that has already been canvassed
[ Page 690 ]
repeatedly is out of order under standing order 43.
MR. D.A. ANDERSON: Mr. Chairman, that's closure! That's
absurd. We have the right to question the Minister on a subject as
important to this Legislature, comparatively, as Watergate is to the
United States. It's the truth and honesty of Ministers of the Crown,
and they are not giving us the truth.
Either the Premier is lying or the people who swore those affidavits
are lying. We want to know who is lying. He can set the record
straight. He can do it. Here's his opportunity, and I want to know why
he isn't doing it! When it came to the Member for Atlin (Mr. Calder)
there was a totally different situation there.
MR. CHAIRMAN: Order, please. The actions of the Premier are
not canvassed under the vote of the Minister of Agriculture, nor can
any Member insist on an answer in estimates. He may ask questions, but
all Members know they cannot insist on answers.
The constant repetition of details of various affidavits is clearly
tedious and repetitious, inasmuch as it has been canvassed for two or
three days. Therefore I would rule that it offends standing order 43 at
this point.
MR. D.A. ANDERSON: Mr. Chairman, I cannot believe that you have taken such a decision on correct advice.
MR. CHAIRMAN: Order, please! If you wish to challenge the ruling of the Chair you may do so.
MR. D.A. ANDERSON: Mr. Chairman, I only recommend to you, for
your own best interests, as you said earlier you were protecting the
integrity of the Chair, that you reconsider that position.
MR. CHAIRMAN: Order, please. I have made a ruling because I
felt that it must be made, and if you feel that the ruling is incorrect
then you may challenge the ruling of the Chair.
MR. GARDOM: Mr. Chairman, on a point of order, when coming to
your conclusion which, I gather, is not yet reached about your ruling
you indicated to the House that the Hon. Minister — and I'm sorry, I
can't quote your exact words of just a few seconds ago — had given his
answers. That is not correct. The Hon. Minister said last night: "I
have said all I'm going to say about that." That is a refusal to
answer. He's not answered; he's refused to answer, Mr. Chairman, and
that's significantly different.
MR. CHAIRMAN: I believe the Hon. Members know that you may
ask the Minister, but you may not insist upon him giving any specific
answers. You may pursue the matter with him to some extent, but I've
ruled that any further questioning along the same line would be tedious
and repetitious.
SOME HON. MEMBERS: Closure!
MR. CHAIRMAN: The Hon. Members may pursue other matters in relation to the same thing, but not continue on the same point.
MR. GARDOM: Oh, oh! Closure!
MR. CHAIRMAN: The Hon. Members are familiar with the laws of
this House. The remedy is that if they don't agree with the ruling of
the Chair, they may appeal the ruling of the Chair.
Are there other matters you may wish to comment on?
Interjection.
MR. D.A. ANDERSON: No, you carry on and answer questions.
HON. MR. STUPICH: Well, perhaps you can try again and steer a course such that he will allow you to make the rest of your speech.
MR. CHAIRMAN: Order! Neither the Hon. Minister nor the Member
makes the rules. I will listen to your remarks and if they are in
violation of my ruling then I will so inform you.
MR. D.A. ANDERSON: Mr. Chairman, I'll remind you once again,
as I reminded you one time last year, of Luke,
chapter 15. Christ
himself found it necessary on occasions to repeat questions in
different ways to people who had not understood the import of the
question and could therefore understand by parable — the lost coin, the
lost son, the lost sheep.
I'll remind you, as a Minister of the cloth, or former Minister of
the cloth, of the fact that repetition in a different form is often
necessary if people do not understand the importance of the issue
raised when it is raised in one way; then it is possible to raise it in
another. I quote no other authority than Luke 15.
MR. CHAIRMAN: Order, please! I have made a ruling. If the
Hon. Member can pursue this matter in an original and fresh way, then
the Chair would be prepared to entertain that.
MR. D.A. ANDERSON: Well, Mr. Chairman, the original and fresh
way of imposing closure upon debate in this House, which you are
attempting to do....
[ Page 691 ]
MR. CHAIRMAN: Order, please! That is an improper remark to
address to the Chair. I am seeking to conduct my duties in accordance
with the standing orders of the House, and if the Hon. Member does not
agree there is a legal remedy, and the legal remedy is to appeal this
ruling.
MR. D.A. ANDERSON: Mr. Chairman, I wonder whether you
understand the importance of what you are doing. We have here a
question of the integrity of Ministers of the Crown. We have here the
very question — let's be blunt — as to whether or not the Premier of
British Columbia lied in this chamber.
MR. CHAIRMAN: Order! We are not considering the Premier's estimates.
MR. D.A. ANDERSON: We are not. We are considering the
estimates of the man who could straighten out this matter and clear the
name of the Premier, which he has failed to do, or failed to attempt to
do, or, indeed, prove that the affidavits are correct or incorrect.
He hasn't done one or the other, and we want to know why. Now, it's
his estimates; it's him that I'm questioning because I want to know why
he hasn't done this thing to clear the Premier's name.
MR. CHAIRMAN: Order, please. The question is perfectly clear.
I'm sure that if the Minister wishes to add anything further he may.
But I'm simply saying that to pursue the issue and to insist on the
answers is not proper.
MR. D.A. ANDERSON: The question is perfectly clear as to
whether we in this Legislature can discuss the impropriety of the
Premier and the Minister of Agriculture making statements which are
denied by responsible citizens on sworn affidavits.
MR. CHAIRMAN: If the question is perfectly clear, then perhaps the Hon. Member would give the Minister a chance to speak.
MR. D.A. ANDERSON: I'd be delighted to. Go ahead. You carry on — he asked you to speak.
MR. McGEER: Mr. Chairman, with due respect, Sir, I thought
the Liberal leader was pursuing this matter in a very original way.
After all, it isn't easy to think of different ways of asking a
question that's so sharp and narrow in its confines. It's testing the
imagination of the Members to, as you say, provide original approaches
to something as fundamental as lying. I thought the Liberal leader was
doing very well at that, Mr. Chairman. I didn't find it tedious at all.
And certainly it wasn't irrelevant, referring to standing order 43 that
you've been studying this morning.
Mr. Chairman, I have one question of the Minister. Has he consulted
with his Deputy, since his Deputy returned from Saskatchewan, as to the
veracity of the items contained in the affidavit? That question hasn't
been asked before; it's the first time of asking. If you'll answer it,
it will be the last. Has he consulted with his Deputy as to the
veracity of the statements...?
Interjection.
MR. McGEER: No, I just get interrupted...I need to start again. (Laughter.)
Mr. Chairman, has the Minister consulted with his Deputy since he
returned regarding the veracity of the statements in the four
affidavits which have been laid before the public of British Columbia?
If so, what were the recollections of his Deputy?
HON. MR. STUPICH: Mr. Chairman, the Hon. Member for North
Okanagan (Mrs. Jordan) raised some questions about the Interior
Vegetable Marketing Board. And she had some information that they had
been told by someone that they would be the first ones to participate
in the income assurance programme, even before such a programme was
ever announced.
I have no knowledge that they were ever told they would be first. I
didn't say I had sent them a letter. I said that in talking about the
progress with different commodity groups, with respect to the vegetable
growers, we have exchanged correspondence. As recently as yesterday I
was preparing another letter to go to the president of the Interior
board.
As far as a member of my staff telling them they would have to unite
the two organizations before any plan would be considered, that was a
misunderstanding. I have consulted with my staff about that, and the
letter I was working on yesterday will, I think, be a successful
attempt to convince them that that was not the impression we tried to
convey.
From the time I first arrived in office I had reports from both
groups that they had been trying to work together to unite the two
organizations. They asked for my response and I said I would welcome
such a move. I have asked from time to time for reports of how they're
progressing. Sometimes they're optimistic; sometimes they're
pessimistic. But I have never said and the staff at no time tried to
make them believe that that was a prerequisite to entering into any
income assurance programme. To the best of my knowledge they were never
told they would be first — certainly not by me.
Interjection.
[ Page 692 ]
HON. MR. STUPICH: Of course, the amalgamation would have to
come from them; I can't impose it. I would assist in any way because I
think it would be good for them, but there is no suggestion there would
be any imposition of it and no suggestion that it would be a
prerequisite for any further consideration of any government assistance.
I see the Members of the Liberal Party are now all back in their
seats. I was rather hoping that would be the case because all five of
them have spoken immediately after the Member for North Okanagan. It's
rather a shame that the once proud, very effective and very strong
Liberal Party has such a paucity of material with which to attack the
government that they have to fall back on the sort of campaign they
have indulged in for the last four days. It's a disappointment to me; I
would have expected a lot more from them. I suppose that after they
fell down so badly in the throne speech debate and were so ineffective
in the budget debate, they felt they had to do something. So now
they're trying to get their names in the paper by continuing on this
topic ad infinitum.
Of course, that's their privilege; they can do this. They can keep
asking questions; they can keep asking the same questions. The Hon.
First Member for Vancouver–Point Grey (Mr. McGeer) can keep rereading
into the record his same speech several times a day. There's no way,
really, of stopping him; he can keep on doing that until it's time to
catch the plane. It's rather surprising at this time of day on Friday
that we have a full House of Liberals.
MR. D.A. ANDERSON: Where is the Premier?
HON. MR. STUPICH: The Premier is attending government business in Vancouver. He had to leave early to catch a plane.
SOME HON. MEMBERS: Oh, oh!
HON. MR. STUPICH: It's not his estimates that are up today;
he didn't have any reason to expect that my estimates would be up
today. There is no reason for him to be here because his estimates will
not be called.
MR. CHAIRMAN: Order, please. Would the Hon. Minister confine his remarks to the vote?
HON. MR. STUPICH: The Hon. Member for North Vancouver–Capilano
(Mr. Gibson) repeated himself; he said muscle was applied to both the
egg board and the broiler board. I have answered this many times. I
have simply said on many occasions — and I'll repeat it again, just in
case he didn't hear in the first, second, third and fifty-fourth time —
that on neither occasion where there was a meeting in the Premier's
office and where there were discussions as to what should happen in the
way of settlements was settlement reached in that office.
In the case of the Egg Marketing Board situation, the affidavit said
the meeting was on October 26. The egg board signed the agreement five
days later on November 1. I don't have in my notes the day as to when
the producers themselves signed it. The details of the agreements were
not worked out in the Premier's office.
In the case of the broiler situation, again, the date has been well
read into the record as to when the meeting was in the Premier's office
on the broiler situation. The date has also been well read into the
record as to when...I had reason to believe, having two of the three
members of the broiler board in my office, telling me they agreed at
the conclusion we had reached in my office, that the broiler board
would agree when two out of three agreed.
I am not saying anything other than the fact than I felt we had
reached agreement that day. But that agreement was in the terms that
were discussed in the Premier's office; the terms were quite different
from the ones discussed in the Premier's office.
The Hon. Second Member for Vancouver–Point Grey (Mr. Gardom) handled
it very neatly by reading into the record a number of questions, and I
think I wrote down all of them. In some cases he read out a very
specific question and that's easy; in other cases there was a rather
long speech before or after the question. I might not have them all
down.
The first one: was the agreement drawn on instructions of the
Premier? I have already said the details were quite different from
those discussed in the Premier's office. I have already said the
Premier urged the parties to reach an agreement. That's the answer to
that question because the Premier did not lay down the terms of the
agreement. He did persuade the parties to agree; that's all.
Were the terms those insisted upon by the Premier? No, in both cases.
Did the Premier say there would be no court action? He did express a
wish that it would not go to court. The board itself wished it would
not go to court, and certainly the producers wished that. All parties
hoped it would not go to court. There was no agreement reached in the
Premier's office that it would not go to court. Both parties went out
of there still threatening court action. The Premier's word did not
carry in that case.
Was this an order? As the Member has said, he had no authority to
make any such order and did indeed make no such order in his office or
any other time to the best of my knowledge.
Did the Premier physically threaten anyone? The First Member for
Vancouver–Point Grey (Mr. McGeer) has many, many times entered into the
record the words he prefers to use — not the words in
[ Page 693 ]
the affidavit but his version of them. The Premier
never in my hearing physically threatened anyone in his office at that
time or any other time.
Did I set the figure at $7,500 for Mr. Kovachich? As I said earlier
— it's in the record and I'll say it again — the figure was calculated
by my staff as one that was reasonable and on which both parties could
agree. It was a figure I suggested to both parties at different times
and at different meetings and at different dates when I met with the
board, the producers and with both groups. And that figure was the one
that was finally signed by both parties and that answers that question.
It was not the Premier who set it; I was the one, with the assistance of my staff, that set that figure.
Did the Premier say he would deny everything if it was said outside
of his office? The Premier never at any time in my hearing said
anything like that. I can't be responsible for anything he may have
said in any other conversation, but never in my hearing did the Premier
make any statement like that.
MR. D.A. ANDERSON: Ask your staff.
HON. MR. STUPICH: You're talking about a meeting now when
staff weren't present. That particular affidavit refers to quite a
different meeting. There were no staff there at that meeting.
Will I request members of my staff, and you named them, to give
statements to the House? The Hon. Member for Langley (Mr. McClelland)
also dealt with this to some extent by saying that the actions of the
government have turned the egg-marketing scheme and possibly the
broiler-marketing scheme upside-down.
With particular reference to the egg-marketing scheme, I'd like the
Members opposite to consider just who is turning the scheme
upside-down. I'd like you to recall that this agreement was reached a
year and a half ago and was settled. That was it, until the Members
opposite for partisan, political, short-term gain decided to make a
real issue of it and turn the schemes upside-down and threaten the
existence of these schemes the way they're carrying on. They have every
right to do that; I'm not denying your right to make political attacks.
But I am denying your good judgment in trying to involve officials
of my department in your political attacks. When you start to bring
those people in and start asking questions of those people, you are
then challenging their very existence as officials who are going to be
able to carry on any kind of relations with the agricultural industry
in this province.
I have not discussed these matters with my deputy since he has
returned from Saskatchewan; there has been very little time to discuss
anything. I told you earlier I have had reports of all the meetings
they attended when I was not there. I'm satisfied with the reports I've
had. My deputy has not asked me whether he should or should not say
anything to the press. If he were to ask me, I would advise him that it
would probably be in his own interest and the interests of the industry
as a whole if he declined to comment on what is obviously a political
attempt to bring disfavour on the Minister of Agriculture. But that's
his choice. That's my advice.
I think it's very unfortunate that, as I said, the once-proud, the
once-effective, the once-glorious Liberal party has decided that for
their own salvation I have to sustain the kind of an attack that is
doing extreme disservice to the agricultural industry in this province
and will do a lot more disservice if it's continued. But, of course,
they may feel for their own political survival, having gone down this
road, there's just no way for them to back out of it.
The Hon. Member for West Vancouver–Howe Sound (Mr. L.A. Williams)
made a point about adding two members to the board. I think he may have
corrected his remarks later on. It was not a case of adding two members
to the board; it was a case of adding two members to the association
directorate. This was an offer the two members of the broiler board in
my office said they would act on immediately. It hadn't even occurred
to me. For that matter, I wasn't aware of how many members were on the
association directorate or anything else. But they said to involve the
Interior people right away, since we're going to have 11 producers up
there, we will invite them to name two directors to the association, of
which there were 12; they were going to add two more and make it 14.
The number of people on the board itself was a different discussion
and one that I have dealt with previously. The order-in-council didn't
give the board the right to delegate the licensing authority. I wasn't
aware of that at the time, but there certainly is a very easy solution
to that. As I said, the board members themselves apparently weren't
aware when they were in my office that they didn't have the right to
delegate authority. But nevertheless, now that you have pointed this
out, since the broiler board agreed to that procedure — or at least I
thought they had agreed; we'll have to find out — assuming I was
correct in believing they had agreed, then the order-in-council could
be changed to accommodate this question of delegating the right to name
the 11 producers in the Interior.
One question the hon. leader of the Liberal Party raised, one
question only: did the executive branch act unlawfully? At no time in
any of the material I've seen has it been suggested that the executive
branch, the Lieutenant-Governor-in-Council, has taken any action in any
of this at all. The Minister, yes. There has been criticism of the
Premier. Part of it? Yes! But I am not the executive branch, and none
of these matters have been referred to the executive branch.
[ Page 694 ]
MR. D.A. ANDERSON: Mr. Chairman, I'm delighted that the
Minister's memory is improving so much. Wednesday, he thought this was
an insignificant debate; he couldn't remember very much. It was one of
a few hours that just happened sometime previously and it wasn't very
much in his mind. Of course the Premier remembered it; of course Unger
remembered it; of course Brunsdon remembered it; of course the others
remembered it too. But the Minister of course didn't remember it. "I
just don't remember it. I'm not terribly concerned about trying to
remember it."
Now, under questioning, repetitive questioning perhaps, his memory
has improved. Thus you see the virtue, Mr. Chairman, of following the
Bible, Luke 15, of repeating questions in a variety of ways. I'm
delighted we are able in this instance to get more information out from
the Minister as we did today.
His last remarks were interesting. The executive branch, he said,
hadn't of course done anything improper. He admitted that as a member
of the executive branch, yes, he had. Now, that's interesting too. With
respect to the three members of that board, you'd better check the
quotes of the last line or two of your statement, Mr. Minister.
But the issue is still perfectly clear. We have a Minister of the
Crown failing to support the statements of the Premier, even though he
has the power to do so by a proper inquiry of the departmental
officials. We have him, by his refusal, his stonewalling over day after
day, casting doubt upon the replies of the Premier to questions in this
chamber. I would suggest that what he has done is give credence to
affidavits which otherwise they might not even have had.
Mr. Chairman, I think this is an important matter. It's a matter
which in other jurisdictions is of supreme importance: whether or not
the executive branch has the right not to obey the law. I use the
executive branch in the broad sense meaning Ministers of the Crown,
individually or severally or collectively. Whether or not, in this
Legislature, the members of the executive will truthfully report to the
representatives of the people who are here assembled and assembled in
the back benches, the representatives of the people, as to what
happened.
Time after time in parliamentary history we've had cases where those
charged with carrying on the responsibilities of government have failed
to properly account to the peoples' representatives, which we are, and
in so doing have brought the whole procedure of democracy down. In many
instances it causes complete ruin.
Mr. Chairman, the failure of the Minister day after day to provide
this House with adequate information either to support the Premier and
clear his name or to support the affidavits leads me to move a motion
at this time, seconded by the Hon. Member for Langley (Mr. McClelland),
that the salary of the Hon. Minister of Agriculture, as provided for in
vote 3, be reduced by $1 — the standard motion of non-confidence in a
Minister who has failed to properly defend his department's estimates,
failed properly to defend the Premier, failed to defend his
departmental officials.
Interjections.
MR. McCLELLAND: Mr. Chairman, I seconded the motion because I
believe there is a serious question that has not been answered. It was
with reluctance because this Minister had gained the confidence of this
House in the previous months and was doing a good job, as we've said
before, until the interference from other parts of this government got
in the way.
I'm disappointed that the Minister has said it's the opposition
causing the problems. We didn't raise any of these issues, Mr.
Chairman; the issues were raised by two very concerned people in the
egg-marketing industry.
Interjections.
MR. McCLELLAND: Yes, very concerned.
MR. CHAIRMAN: Order, please. The Hon. Member for Langley has the floor.
Interjections.
MR. CHAIRMAN: Order! Order, please! Would the Hon. Members please not interrupt the speaker?
MR. McCLELLAND: Those people lived for over a year with an
imposed settlement which finally, in all conscience, they could not
live with any longer. They had to bring those facts out into the public
eye; they put their necks on the block by signing a sworn affidavit,
telling the actual events which went on between them, the Minister of
Finance, the Premier, and the Minister of Agriculture. It was the
people who were party to those agreements who finally came forward and
raised the issues initially — not the opposition — the people involved.
It's interesting that this morning the Minister has finally said
something. He has finally indicated that the affidavits filed in this
House contain lies. The Minister has accused those people who have
signed those sworn affidavits of lying. Mr. Chairman, four British
Columbians have stood on their honour in order to bring forward their
fears about political interference and political muscle being applied
to force a certain kind of condition. The Minister has been treating
what is a very serious presentation, sworn and signed, in a frivolous
and off-hand manner.
[ Page 695 ]
The Minister has placed a cloud of suspicion over the integrity of
these men, using his position in this House to impugn their integrity
by innuendo, by refusing to give clear and responsible answers to very
serious allegations. And now he accuses them of lying, Mr. Chairman.
I want to go on record as supporting the integrity of those men. I
want to ask the Minister again to open this issue up to the truth. Mr.
Chairman, if the Minister is accusing those people of lying, they must
have their day in court in the public; they must be given that
opportunity.
Now, I want to ask a couple of questions, and I'll admit, Mr.
Chairman, that a couple of them were asked last night. But I didn't get
any answers at that time and I only want to rephrase them once. I'll
only ask them once again. I think that's fair enough because in the
heat of debate I'm sure that the Minister forgot about them because he
answered everybody else's questions.
AN HON. MEMBER: And we want to hear them again.
MR. McCLELLAND: Right! I asked last night, Mr. Chairman,
whether or not at any time the Member for Shuswap (Mr. Lewis) urged the
Minister of Agriculture to place the Broiler Marketing Board under
government trusteeship. Now, the Minister hasn't even referred even to
that question yet. Did the Member ever urge that the Minister place
that marketing board under government trusteeship, and if so when? Was
it before or was it after that the Minister talked about initial quotas
in relation to the board?
I wanted to ask the Minister whether he considered his actions
subsequent to those discussions to be, in fact, the placing of the
Broiler Marketing Board under some form of government trusteeship, at
least under government review? I think that's an important question and
one which hasn't been asked before, so it hasn't been answered before.
I want to know whether the Minister has yet received a resolution
from the British Columbia Egg Producers' Association supporting in full
the entire producers' association, supporting in full the stand taken
by sworn affidavit by the two members of the board in question — or
former members of the board — Mr. Unger and Mr. Brunsdon?
Mr. Chairman, I wonder in view of all the published reports and in
view of further testimony in this House that egg producers, for one
commodity group, are very unhappy about the political interference by
the Premier, is the Minister prepared to review his position and order
a public inquiry? — particularly in the light of his statements this
morning that these people lied in their affidavits.
Is the Minister going to publicly, outside of this House, refute those affidavits
in question, or will they take legal action against the people involved?
I believe that in the light of the answers this morning, the
Minister has an obligation to begin an immediate inquiry. There's no
question in my mind, no question whatsoever, that the Premier in
relation to this question of the marketing board took more than a
passing interest, much more than a passing interest.
No doubt that those producers were threatened. No doubt that there
was political interference in the operations of two of British
Columbia's marketing boards. No doubt that the Premier did interfere;
that the Premier did lay down certain orders and that the Premier did
suggest that those producers would be in for a rough ride if they
didn't toe the line. No doubt whatsoever, Mr. Chairman.
The Minister himself admits that there was political interference.
And he has said, "What's wrong with that?" Well, that's part of the
problem, Mr. Chairman, because the Minister doesn't even understand
anything as fundamental as that question. He should know what's wrong
with that. He should know what's wrong with that kind of political
interference. He should know what's wrong with that kind of political
muscle.
The Minister not only admitted that there was political
interference; the Minister has also admitted that he threatened the
Broiler Marketing Board. The Minister admitted in this House that he
threatened the Broiler Marketing Board. And he doesn't understand
what's wrong with that. And his threats are working because the egg
producers are now operating in fear; in fear that he or the Premier
will take further action and, in fact, may even order cut-backs in the
production in regard to those egg producers.
Mr. Chairman, a quote from an
article in The Vancouver Sun : "The fear is evident in the response of producers." And let's listen to this little remark:
"The fear is evident in the response of producers to
confidential, but leaked reports," — confidential, but leaked reports —
"by a Department of Agriculture employee conducting a one-man inquiry
into the dispute between a few northern egg producers at the B.C. Egg
Marketing Board."
Mr. Chairman, once again it seems to me that we had better call some
officials before a public inquiry — not only to clear up this question
of affidavit statements, and that's vitally important that these
questions be cleared up, but to clear up yet another indication of
leakage in this government. Another indication of leakage of
confidential reports by an official.
HON. MR. MACDONALD: Why doesn't your own leader take a stand? What's going on there?
[ Page 696 ]
MR. CHAIRMAN: Order, please!
MR. L.A. WILLIAMS: Don't give that speech in Kelowna.
MR. McCLELLAND: Once again Mr. Chairman, we've got an example of government confidential documents being leaked to the press....
HON. MR. MACDONALD: Where's your leader?
MR. McCLELLAND: ...being leaked all over the province of
British Columbia. That alone should be enough evidence for that
Minister to call an immediate inquiry. That alone!
Talk about Watergate! My God, the province of British Columbia is getting to look more like Watergate every day.
The Minister yesterday, I believe it was yesterday in this House, in
response to a question from the Member for Chilliwack (Mr. Schroeder),
denied that there was any pressure to have any further reductions of
quotas among existing producers; that there was a 90 per cent quota in
effect at the moment, and that there weren't any further moves or any
further suggestions of further reductions in quota. Yet, that leaked
confidential report says, "Perhaps the lower mainland producers should
be cut by 10 per cent of their quota from the 90 per cent of the
allowable quota which they are now producing at." That's what that
leaked confidential report suggests, Mr. Chairman.
You know, it's sad to me, Mr. Chairman, that this government doesn't
even understand how serious the problem is; how serious the charges
that have been made are. The charges are of lying. Even your own
Member, Mr. Chairman, the Member for Shuswap has accused publicly — in
an
article in a public newspaper — has accused agricultural officials
and the Agriculture Minister of lying. That from your Member from
Shuswap. And still they don't understand the seriousness of the charges.
The Member for West Vancouver–Howe Sound (Mr. L.A. Williams) pointed
out very clearly that the Minister has acted beyond his authority. The
Minister has admitted that he has interfered beyond his authority. The
Minister has admitted that he has interfered; he stood in his place
today and admitted it — that he has interfered beyond his authority. No
doubt about that. No doubt about that Mr. Chairman.
MR. LIDEN: You've got egg on your face.
MR. McCLELLAND: Mr. Chairman, this government has egg on its face. This government is in serious trouble and knows it.
AN HON. MEMBER: You've got it. Scrambled eggs on your face.
MR. McCLELLAND: The government is in serious trouble and knows it and that's why the Premier's gone into hiding again.
Interjection.
MR. McCLELLAND: The phantom MLA, just heard from again.
Mr. Chairman, in relation to the problem of the Minister acting
beyond his authority: again I'd just like to say that if there isn't
any political consideration going on in the selection of the board or
the committee to choose which 11 producers will be allowed to begin
their quotas in the Okanagan-Kamloops area, then why not allow the
broiler board to do its job? Why not allow the broiler board to
implement the policies that are laid down by the laws of British
Columbia? Why do you have to interfere again outside of your authority?
Mr. Chairman, the Minister said that the opposition raised all these
questions with regard to the collapse or the possible collapse of the
marketing board set-up system in British Columbia.
I draw to your attention again, Mr. Chairman, a resolution not from
the opposition, not from the Liberal Party, not from the Social Credit
Party but from the British Columbia Egg Producers Association in which,
because of political interference by the Premier of British Columbia
and political interference by the Minister of Agriculture, the egg
producers of British Columbia have taken very drastic action — the kind
of action that's never been necessary in this province before. I draw
to your attention again, Mr. Chairman, that had this whole affair
remained clean, if the Premier had kept his nose out of it, if the
Minister had not succumbed to that kind of blatant political pressure,
then the problem of expanding the egg marketing industry to the rest of
the province would have been well on its way, and was well on its way
until....
HON. MR. MACDONALD: On Clearbrook's terms.
MR. McCLELLAND: On the terms negotiated, Mr. Chairman, by
your Minister of Agriculture. And that Minister of water (Hon. R.A.
Williams) has stood up and attempted to cut the legs out from under
that Minister of Agriculture by his attack on the marketing boards when
the Minister stood up the day before and defended and praised the
marketing boards. You've attempted to cut the legs out of your own
Minister and it's that kind of political interference, once again, that
we're fed up with in British Columbia.
[ Page 697 ]
Interjections.
MR. McCLELLAND: Leave the Minister alone to do his job. He was doing a good job until you started to apply the muscle.
MR. CHAIRMAN: Order! I would draw to the attention of the Hon. Member that the motion does concern the Minister of Agriculture.
MR. McCLELLAND: Oh, I see.
MRS. JORDAN: We're not sure who the Minister of Agriculture is.
MR. McCLELLAND: That's right; it's difficult to tell who's
running the Agriculture department. But I must say that there was a
programme underway, there were negotiations underway, but the conduct
once again of the Premier of British Columbia undermined that whole
programme, and it is now in danger of collapse. That's a fact.
AN HON. MEMBER: Talk to the Minister of Mines (Hon. Mr. Nimsick) about undermining.
MR. McCLELLAND: I'm going to repeat, Mr. Chairman, that
regardless of what kind of a snowjob we're faced with here, the
question isn't one of expansion of industry at all; it isn't one of
quotas at all; it isn't one of marketing boards at all, because the
Minister has ably defended the marketing boards. He's ably defended the
marketing boards and the kind of job that they should be allowed to do,
if you people would keep your sticky fingers out of it.
HON. R.A. WILLIAMS (Minister of Lands, Forests and Water Resources):
All the glue is in Clearbrook, and you know it.
MR. McCLELLAND: The question, I repeat again, is of power
politics, of integrity by Ministers of this Crown, of morality in
government and of truth. Somebody is not telling the truth, Mr.
Chairman, and it's about time. Somebody's lying and it's about time
that we found out the truth and opened this whole thing up to public
inquiry. That's why I second that motion, Mr. Chairman.
MR. H.A. CURTIS (Saanich and the Islands): I haven't spoken
on this matter over the past few days. I've listened, though, with
interest and with increasing concern to the case which has been, I
think, very well put by a number of Members of the opposition.
The Minister, since he was sworn in as Minister of Agriculture, has
told a number of people and has made it pretty clear that he is a
Minister in a hurry. I think that's a fair observation on the comments
that he has made in various parts of the province. He's a Minister in a
hurry to catch up with some of the shortcomings of previous
administrations in agriculture, and a Minister in a hurry to assist
people engaged in agriculture, but I don't think we realized that in
that rush or hurry the Minister would employ shortcuts which were not
necessary in the first place and which were not entirely correct in the
second place.
There seems to me to be no doubt about the fact that the Minister
did exceed his authority in this particular instance. To be charitable,
one could say that he did it because of his desire to make corrections
and to bring about an improvement in the industries concerned, but that
really doesn't excuse him.
I also have to say that I'm very disappointed, on his return from
Saskatchewan, that the Premier's attendance in this House today has
been for just a few moments — Mr. Chairman, before you bang the gavel —
when he obviously has such a vital role to play in clearing up the
doubts and uncertainty which exist about this matter which has occupied
the attention of the House for quite some time. I'm extremely
disappointed that, in spite of his expansion on the matter a few
minutes ago, the Minister has still not given straightforward and
direct answers to the questions which have been put in an intelligent,
responsible and concerned fashion by several Members of the opposition
side of this House.
MR. McGEER: I'm rather surprised that the Attorney-General,
who was making a continuous speech from his seat, hasn't been up to lay
his charges, if they should be made, regarding favouritism by the
members of the Egg Marketing Board out of self-interest.
I think there is only one Member of this House who has a determined
self-interest in the matter in question. I refer to quotas here, but
that's not the important issue that we're debating with this motion,
and that's the Member for Shuswap (Mr. Lewis). If one were to really
trace the course of events, one would find that it has been the
political backbench that laid the muscle on the Premier, that laid the
muscle on the Minister of Agriculture, that laid the muscle on the Egg
Marketing Board, that led to the four affidavits that were placed
before the public of British Columbia.
None of the people who have been raising the issue in this House
have any self-interest in this matter. All of them have agreed that
there should be a better distribution of egg and broiler production in
British Columbia and that there should be thriving industries in the
Interior and the north.
But Mr. Chairman, the end never justifies the means.
[ Page 698 ]
HON. MR. MACDONALD: Hey, where'd you get that?
MR. McGEER: This NDP government which went so sanctimoniously
to the public of British Columbia, saying it would be clean as a
hound's tooth....
HON. R.A. WILLIAMS: That's Gaglardi's line.
MR. McGEER: ...was busy applying the kind of backroom muscle
that no government in British Columbia has ever dared before to apply.
Never have we had affidavits in British Columbia coming forward saying
that the Premier would kick the "censored" out of a group of people
that he brought into his office. Never before.
I'm disappointed, Mr. Chairman, that the Premier visited Victoria so
briefly this week. It seems as though when it begins to get hot in the
kitchen, the Premier goes outside where it's cool. Last Friday we had a
march on Victoria by over 1,000 Surrey school teachers and the Premier
was busy exercising....
MR. CHAIRMAN: Order, please!
MR. McGEER: He was! He wasn't attending to his business here in the House.
MR. CHAIRMAN: Order please! The motion reads that the salary
of the Hon. Minister of Agriculture, as provided for in vote 3, be
reduced by $1. Direct your comments to that motion.
MR. McGEER: That's right. The Premier is the Minister of
Finance and I want to hear him, in this debate, say whether or not
that's an appropriate action.
MR. CHAIRMAN: Order! I would ask the Hon. Member to confine his remarks to the substance of the motion.
MR. McGEER: This is the substance of the motion. Who pays his
salary? The Minister of Finance pays his salary. If we pass this
motion, and I hope we will, he'll have to change his budget. It's of
vital interest to the Minister who has visited Victoria so briefly, and
who might, if he were here, tell us....
MR. CHAIRMAN: Order, please! Would the Hon. Member either make his remarks relevant to the motion or take his seat?
MR. McGEER: I think it's relevant for every single Member of
this House, including the Premier, to speak to this motion. There's
nothing irrelevant about it. It's an important question that everybody
should vote on, including the Premier of this province.
MR. CHAIRMAN: Order, please! I ask the Hon. Member to make
his remarks relevant to the motion — why he lacks confidence in the
Minister of Agriculture — or else take his seat.
MR. McGEER: Do you think, Mr. Chairman, that it's not important for everybody to vote?
MR. LIDEN: That's not the issue.
MR. McGEER: But it is the issue — what every person's
recorded vote is. Mr. Chairman, I'm trying to persuade all the Members
of this House to support the motion, including the Premier.
MR. CHAIRMAN: Would the Hon. Member take his seat, please?
MR. McGEER: On what grounds? If I'm to take my seat, you need to say why.
MR. CHAIRMAN: Would the Hon. Member be seated?
MR. McGEER: Why, Mr. Chairman?
MR. CHAIRMAN: I'm ordering you to be seated. Be seated.
MR. McGEER: Well, Mr. Chairman, on what standing order are you ordering me to be seated? Name your authority.
MR. CHAIRMAN: You either take your seat or I report to the Speaker forthwith.
MR. LIDEN: You know the rules Pat; you know the rules.
MR. McGEER: Well, Mr. Chairman, you ask me to take my seat.
You have to state what order you are using. What rule is that? I'm just
asking the Chairman for his authority.
HON. MR. STRACHAN: The rules call for you to sit down the minute the Chairman stands up.
HON. MR. MACDONALD: The Chairman is always in order in this House.
I think the Member should be allowed to proceed.
I'm sure he'll come back. I recognize, Mr. Chairman, that he has not
been speaking to the motion, but I think he will come back to it and I
suggest that he be allowed to proceed.
MR. CHAIRMAN: Only one Member is allowed to be on his feet at
a time. I would request that the Hon. Member be seated. He has refused
to obey my
[ Page 699 ]
order...
MR. McGEER: Mr. Chairman, I only asked you to tell me why you wanted me to be seated.
MR. LIDEN: Sit down and he'll tell you.
MR. CHAIRMAN: If the Hon. Member insists on playing games, then we will play games. I will report this matter to the Speaker of the House.
MR. LIDEN: Sit down, Pat.
MR. McGEER: No game, Mr. Chairman. I have no desire really to
be in any conflict with you. I am quite desirous of keeping to the
point, but I thought I was on the point and I needed guidance.
MR. CHAIRMAN: I would ask the Hon. Member to remain seated
while I make my comments. Now I think that's clear. You just
misunderstood what I was seeking to do.
The House resumed; Mr. Speaker in the chair.
MR. CHAIRMAN: Mr. Speaker, the matter which I wish to report to you is that I asked the Hon. First Member for Vancouver–Point
Grey to take his seat so that I might make a comment with regard to the
violation of standing orders. He refused to remain in his seat and I
was unable to make any comments.
However, I understand now that he is willing to remain seated while
I make my comments. I would request that you leave the chair, now that
I've made my point.
MR. SPEAKER: After you get it all over, I've a birthday cake up in the restaurant for you. You're all welcome to come. (Laughter.)
House in Committee of Supply; Mr. Dent in the chair.
MR. CHAIRMAN: The ruling that I made was that thus far in the debate the Hon. First Member for Vancouver–Point
Grey has said nothing relevant to this motion. I would ask that he say
something relevant to this motion, or else I would ask him not to take
his place in the debate.
MR. McGEER: Mr. Chairman, if it's the wish of the House, I'll continue.
Interjections.
MR. McGEER: Mr. Chairman, I want you to understand that I
first of all needed to appreciate exactly why you requested that I take
my seat. Then
I thought you were about to recognize someone else. But in any event, speaking to the motion, Mr. Chairman....
I think that a number of Hon. Members have tried to focus sharply on
the precise issue before the Minister of Agriculture at the point of
this motion that we reduce his salary by $1. The simple issue is this:
whether or not the government is prepared to tell the truth about the
methods it has used and to take the responsibility for its actions.
The Minister of Agriculture admits in a memorandum, which was seen
by the Member for Shuswap (Mr. Lewis) and the Member for Kamloops (Mr.
G.H. Anderson), that he was forced by the Premier to take certain
actions that now have been well established were outside his
responsibility and beyond the law. Now, Mr. Chairman, that isn't one of
the four affidavits that were laid. That was a memo of the Minister of
Agriculture himself.
Certainly the people who attended the meeting in the Minister's
office had been prepared to lay affidavits that the Minister conveyed
to them his helplessness in the matter, his impotency. I'm not
altogether sure that he was helpless because there was another course
of action he could have taken, a much more honourable course. That was
to simply send a note to the Premier saying, "Either you stay out of my
affairs, or you have my resignation."
That was the course which a Minister of Agriculture should have
taken, if he were living up to the highest honour of his office, when
improper pressure was applied to him by the Premier and president of
the executive council.
We speculated on the reasons why a Premier would so improperly
instruct one of his Ministers. We've suggested it, and certainly the
Member for Shuswap and the Member for Kamloops would be in the best
position of any to deny that.
Interjections.
MR. McGEER: Well, Mr. Chairman, we've established one thing,
though it's never been admitted, and that is that there is a lot of
power down in that corner. Mr. Chairman, I'm hoping that as a result of
this debate the people down in that corner will learn to use their
power properly — use it on the floor of the House and not in making
deals with the Premier, not in the secret caucus committees that then
go and place the Premier in a position where he...
MR. LIDEN: We represent the people. We represent the people's interests.
MR. McGEER: ...feels obliged to improperly instruct his
Minister of Agriculture. Yes, he did that; that's what the Minister's
own memo said. That's
[ Page 700 ]
what the sworn affidavit said.
MR. LIDEN: Get back to your boardrooms.
MR. McGEER: The Minister was improperly directed by the
Premier. Now why would a Premier who's not a big man in eggs go to that
extent? Why, he'd only go to that extent if there were some other
muscle being applied on him.
MR. L.A. WILLIAMS: Right on.
MR. McGEER: It goes from there to there to there to the Egg Marketing Board and then back to the public.
MR. LIDEN: You don't represent any egg farmers.
AN HON. MEMBER: A three-cushion shot.
MR. McGEER: A three-cushion shot, but they missed the pocket.
Interjections.
MR. McGEER: They ripped the table, that's what they did. (Laughter.)
AN HON. MEMBER: They knocked the end off the cue.
MR. McGEER: And they left the Minister behind the eight ball.
We're waiting, Mr. Minister, for the arrival time of the Premier of
this province. We don't like it; when the heat's on in the kitchen, the
Premier slips out.
Interjections.
MR. McGEER: Very, very busy in the most important debate of his career as Premier.
MRS. JORDAN: Maybe he's over muscling the board again.
MR. McGEER: The buck really stops at the Premier's office,
you know. We're voting on the Minister's salary right now. We're going
to come to his estimates, and there are a lot of questions that the
Premier is going to be asked, make no mistake about it.
MR. H. STEVES (Richmond): See, you get to ask them all over again.
MR. McGEER: We're just asking. We're just asking. Well, the
Premier is going to get his threats from the public of British
Columbia, where you'll be held to account for his actions in the final
analysis. But, Mr. Chairman, though we regret having to put forward
this motion of non-confidence to a Minister that in many ways has done
his job well, there comes a time, I suppose, in everyone's life, and it
has come in the life of this Minister, when backbone is more important
than anything else.
When that ultimate test came, the Minister failed. When he was asked to account for himself in this chamber, he failed again.
So, Mr. Chairman, I intend to support the motion put forward by the Liberal leader.
HON. MR. MACDONALD: Mr. Chairman, just a few remarks. This motion is not acceptable to the government...
SOME HON. MEMBERS: Oh, oh!
HON. MR. MACDONALD: ...even though it's only $1, and we'd be
glad to pass the hat for the finest Minister of Agriculture this
province has ever had.
You know, the people spoke in an election — and this province does
not stop at Chilliwack. Really, is it right or democratic that people
in the north who want to raise eggs have got to buy quotas for $40,000
or $60,000 or $100,000 in order to be able to go into that secondary
industry and bring a few fresh eggs into the north? Should the farmers
of the Okanagan have to go and buy quotas from the Fraser Valley in
order to go into raising broiler chicks to feed their own people?
It's the Premier who insisted that we be fair to the whole Province
of British Columbia — that's what he was doing. And the Minister of
Agriculture was insisting that we be fair to the whole of the people of
the Province of British Columbia, not one little segment of it.
I just want to say this about the charges that there was
interference with an independent board: If there was interference with
an independent board, I suppose those gentlemen on the board would
resign, would they not? Would they carry on?
SOME HON. MEMBERS: Sure they would.
Interjections.
HON. MR. MACDONALD: No, no. They'd carry on.
AN HON. MEMBER: Sit down, old chap, sit down.
HON. MR. MACDONALD: That was a year-and-a-half ago. I don't remember them resigning or running to the press, or something like that. I
[ Page 701 ]
presume they carried out their duty and their
independent function. And if they didn't, they should have resigned.
Because if they went ahead and made a decision under pressure or
threats, or something of that kind, they would be derelict in their
duty, wouldn't they?
AN HON. MEMBER: They did resign. What's the matter with you.
HON. MR. MACDONALD: They went ahead and they were those
producers who had a bit of interest in the thing. So I think that
charge is just ridiculous. It is a smokescreen for the fact. It's a
smokescreen!
Interjections.
HON. MR. MACDONALD: There wasn't a peep from a chicken a
year-and-a-half ago when these terrible things were supposed to have
taken place. They stayed on, and if they acted under pressure they were
derelict in their duty.
So the real issue is simply this...and it was said by the Member for
Fort George (Mr. Nunweiler) the other day. He said: "What you people
are doing is accusing the Minister of Agriculture of being fair."
That's the issue; and we oppose the motion.
MR. L.A. WILLIAMS: We always enjoy it when the
Attorney-General stands and defends Ministers of the Crown. It reminds
us of the sterling defence given by Attorney-General John Mitchell of
Mr. Richard Nixon — and we know what happened to him.
If the Hon. Attorney-General had taken the trouble to look at the material...
MR. LIDEN: The Liberals are in real trouble now.
MR. L.A. WILLIAMS: ...which was tabled in this House last
night, he would have seen that Mr. Brunsdon, who swore the affidavit,
saying that he w