British Columbia Hansard — Monday, May 30, 2011 (39th Parliament, 3rd Session) (H0530pm-05) (H0530pm 05)

H0530pm-05

British Columbia — Debates (Hansard)

Third Session, 39th Parliament official rePort of Debates of the Legis Lative a ssemb Ly (hansarD) the honourable bill bari Soff, SPeaker iSSn 0709-1281 Monday, May 30, 2011 Afternoon Sitting Volume 23, Number 5

Pro Vince of britiS h colu Mbia (entered c onfederation July 20, 1871) lieutenant -Go Vernor h is h onour the h onourable Steven l.

Point, obc Third Session, 39th Parliament SPeaker of the leGiS latiVe a SSeMbl Y h onourable bill barisoff eXecutiVe council Premier and President of the executive c ouncil .............................................................................................................. h on. c hristy c lark Deputy Premier and Minister of finance ............................................................................................................................h on. k evin f alcon Minister of a boriginal r elations and r econciliation ...........................................................................................................h on.

Mary Polak Minister of a dvanced e ducation .................................................................................................................................h on. n aomi Y amamoto Minister of a griculture ........................................................................................................................................................... h on.

Don Mcr ae a ttorney General ........................................................................................................................................................... h on. barry Penner, Qc Minister of c hildren and f amily Development ................................................................................................................ h on.

Mary Mcn eil Minister of c ommunity, Sport and cultural Development .................................................................................................. h on. ida c hong Minister of e ducation .........................................................................................................................................................h on.

George a bbott Minister of energy and Mines and Minister r esponsible for h ousing.........................................................................h on. r ich c oleman Minister of environment ....................................................................................................................................................h on. Dr. t erry l ake Minister of f orests, l ands and n atural r esource o perations......................................................................................h on.

Steve Thomson Minister of h ealth .................................................................................................................................................... h on. Michael de Jong, Qc Minister of Jobs, t ourism and innovation ................................................................................................................................... h on. Pat bell Minister of l abour, citizens' Services and o pen Government .............................................................................. h on.

Stephanie c adieux Minister of Public Safety and Solicitor General .................................................................................................................h on.

Shirley bond Minister of Social Development and Minister r esponsible for Multiculturalism ............................................................ h on. h arry bloy Minister of t ransportation and infrastructure ................................................................................................................h on. blair l ekstrom leGiS latiVe a SSeMbl Y l eader of the official o pposition ......................................................................................................................................................a drian Dix Deputy Speaker .................................................................................................................................................................................... l inda r eid a ssistant Deputy Speaker ..................................................................................................................................................................Dawn black Deputy c hair, c ommittee of the Whole ...................................................................................................................................Douglas h orne c lerk of the l egislative a ssembly...................................................................................................................e.

George MacMinn, obc, Q c c lerk a ssistant ..................................................................................................................................................................................r obert Vaive c lerk a ssistant and l aw c lerk................................................................................................................................................. ian D. izard, Qc c lerk a ssistant and c lerk of c ommittees ............................................................................................................... craig h.

James (on leave) c lerk a ssistant and a cting c lerk of c ommittees ................................................................................................................. k ate r yan-l loyd Sergeant-at-a rms ................................................................................................................................................................................. Gary l enz

alP habetical liS t of MeMberS a bbott, h on. George (l) ........................................................................ Shuswap a ustin, r obin (nDP) ................................................................................ Skeena bains, h arry (nDP) ....................................................................Surrey-n ewton barisoff, h on. bill (l) ............................................................................Penticton barnett, Donna (l) ................................................................ c ariboo-c hilcotin bell, h on.

Pat (l) ..................................................... Prince George–Mackenzie bennett, bill (l) .............................................................................k ootenay e ast black, Dawn (nDP) ................................................................n ew Westminster black, iain (l) .............................................................. Port Moody–c oquitlam bloy, h on. h arry (l) ............................................................burnaby-l ougheed bond, h on.

Shirley (l) ...........................................Prince George–Valemount brar, Jagrup (nDP) ................................................................ Surrey-fleetwood c adieux, h on. Stephanie (l) .................................................Surrey-Panorama c antelon, r on (l) ..............................................................

Parksville-Qualicum c handra h erbert, Spencer (nDP) ................................Vancouver–West end c hong, h on. ida (l) ..................................................... o ak bay–Gordon h ead c houhan, r aj (nDP) ........................................................... burnaby-e dmonds c lark, h on. c hristy (l) .................................................Vancouver–Point Grey c oell, Murray (l) ..............................................Saanich n orth and the islands c oleman, h on. r ich (l) ........................................... f ort l angley–a ldergrove c onroy, katrine (nDP) .............................................................. k ootenay West c oons, Gary (nDP) .........................................................................n orth c oast c orrigan, k athy (nDP) ..................................................... burnaby–Deer l ake Dalton, Marc (l) ..............................................................

Maple r idge–Mission de Jong, h on. Michael, Qc (l) .............................................. a bbotsford West Dix, a drian (nDP) ............................................................Vancouver-kingsway Donaldson, Doug (nDP) ......................................................................... Stikine e lmore, Mable (nDP) ................................................... Vancouver-kensington f alcon, h on. k evin (l) ..........................................................Surrey-c loverdale f arnworth, Mike (nDP) ............................................................

Port c oquitlam fleming, r ob (nDP) .......................................................... Victoria–Swan l ake f oster, eric (l) .......................................................................Vernon-Monashee f raser, Scott (nDP) ............................................................a lberni–Pacific r im Gentner, Guy (nDP) .........................................................................Delta n orth h ammell, Sue (nDP) .................................................... Surrey–Green t imbers h ansen, c olin (l) ............................................................

Vancouver-Quilchena h awes, r andy (l) ............................................................... a bbotsford-Mission h ayer, Dave S. (l) .................................................................... Surrey-t ynehead h eed, k ash (l) ................................................................ Vancouver-fraserview h ogg, Gordon (l) ............................................................... Surrey–White r ock h organ, John (nDP) .......................................................................

Juan de f uca h orne, Douglas (l) ..............................................c oquitlam–b urke Mountain h oward, r ob (l) .....................................................................r ichmond c entre h untington, Vicki (ind.) ..................................................................Delta South James, c arole (nDP) .........................................................Victoria–b eacon h ill k aragianis, Maurine (nDP) ........................................e squimalt–r oyal r oads k rog, l eonard (nDP) ........................................................................... n anaimo k rueger, kevin (l) ............................................... k amloops–South Thompson kwan, Jenny Wai ching (nDP) ...........................

Vancouver–Mount Pleasant l ake, h on. Dr. t erry (l) .....................................k amloops–n orth Thompson l ali, h arry (nDP) ..........................................................................f raser-n icola l ee, r ichard t . (l) .......................................................................burnaby n orth l ekstrom, h on. blair (l) .......................................................

Peace r iver South l es, John (l) .........................................................................................c hilliwack l etnick, n orm (l) ........................................................k elowna–l ake c ountry MacDiarmid, Dr. Margaret (l) ......................................... Vancouver-fairview Macdonald, n orm (nDP) ....................................c olumbia r iver–r evelstoke Mcintyre, Joan (l) ..................................................West Vancouver–Sea to Sky Mcn eil, h on. Mary (l) .................................................Vancouver–f alse creek Mcr ae, h on.

Don (l) ................................................................... c omox Valley Mungall, Michelle (nDP) ..........................................................n elson-creston Penner, hon. barry, Qc (l) ....................................................c hilliwack-h ope Pimm, Pat (l) ..........................................................................Peace r iver n orth Polak, h on.

Mary (l) ...............................................................................l angley Popham, l ana (nDP) ...................................................................Saanich South r alston, bruce (nDP) ................................................................

Surrey-Whalley r eid, l inda (l) .............................................................................r ichmond e ast r outley, bill (nDP) .................................................................. c owichan Valley r outley, Doug (nDP) ............................................n anaimo–n orth c owichan r ustad, John (l) ........................................................................... n echako l akes Sather, Michael (nDP) ......................................... Maple r idge–Pitt Meadows Simons, n icholas (nDP) ...................................

Powell r iver–Sunshine c oast Simpson, bob (ind.) .....................................................................c ariboo n orth Simpson, Shane (nDP) .....................................................Vancouver-hastings Slater, John (l) ..............................................................boundary-Similkameen Stewart, ben (l) ..................................................................... Westside-kelowna Stilwell, Dr. Moira (l) ......................................................... Vancouver-l angara Sultan, r alph (l) .....................................................

West Vancouver–capilano Thomson, hon.

Steve (l) ........................................................k elowna-Mission Thorne, Diane (nDP) .................................................c oquitlam-Maillardville Thornthwaite, Jane (l) .......................................... n orth Vancouver–Seymour t revena, c laire (nDP) .................................................................... n orth island van Dongen, John (l) .............................................................a bbotsford South Y amamoto, hon. n aomi (l) ................................. n orth Vancouver–l onsdale Y ap, John (l) .......................................................................r ichmond-Steveston liS t of MeMberS bY riD in G a bbotsford-Mission .......................................................................r andy h awes a bbotsford South .....................................................................John van Dongen a bbotsford West ......................................................h on.

Michael de Jong, Qc a lberni–Pacific r im ..........................................................................

Scott f raser boundary-Similkameen .....................................................................John Slater burnaby–Deer l ake ................................................................... k athy c orrigan burnaby-e dmonds ......................................................................... r aj c houhan burnaby-l ougheed ...................................................................h on. h arry bloy burnaby n orth .............................................................................. r ichard t . l ee c ariboo-c hilcotin ........................................................................Donna barnett c ariboo n orth ................................................................................ bob Simpson c hilliwack ...............................................................................................

John l es c hilliwack-h ope .......................................................... h on. barry Penner, Qc c olumbia r iver–r evelstoke .................................................. n orm Macdonald c omox Valley...........................................................................h on. Don Mcr ae c oquitlam–b urke Mountain .....................................................Douglas h orne c oquitlam-Maillardville...............................................................

Diane Thorne c owichan Valley ................................................................................ bill r outley Delta n orth ......................................................................................Guy Gentner Delta South ...............................................................................Vicki h untington e squimalt–r oyal r oads .....................................................Maurine k aragianis f ort l angley–a ldergrove ...................................................h on. r ich c oleman f raser-n icola........................................................................................ h arry l ali Juan de f uca .....................................................................................John h organ k amloops–n orth Thompson ............................................ h on.

Dr. t erry l ake k amloops–South Thompson ...................................................... k evin k rueger k elowna–l ake c ountry ...............................................................n orm l etnick k elowna-Mission .............................................................. h on.

Steve Thomson k ootenay e ast ....................................................................................bill bennett k ootenay West ............................................................................ k atrine c onroy l angley.......................................................................................h on. Mary Polak Maple r idge–Mission .....................................................................

Marc Dalton Maple r idge–Pitt Meadows ........................................................Michael Sather n anaimo ......................................................................................... l eonard k rog n anaimo–n orth c owichan ......................................................... Doug r outley n echako l akes ..................................................................................

John r ustad n elson-creston ........................................................................Michelle Mungall n ew Westminster ..............................................................................Dawn black n orth c oast....................................................................................... Gary c oons n orth island .................................................................................. c laire t revena n orth Vancouver–l onsdale ........................................h on. n aomi Y amamoto n orth Vancouver–Seymour .................................................

Jane Thornthwaite o ak bay–Gordon h ead ............................................................ h on. ida c hong Parksville-Qualicum ..................................................................... r on c antelon Peace r iver n orth ................................................................................Pat Pimm Peace r iver South ...............................................................h on. blair l ekstrom Penticton................................................................................... h on. bill barisoff Port c oquitlam ..........................................................................Mike f arnworth Port Moody–c oquitlam ...................................................................... iain black Powell r iver–Sunshine c oast ................................................. n icholas Simons Prince George–Mackenzie .............................................................h on.

Pat bell Prince George–Valemount ...................................................h on. Shirley bond r ichmond c entre ............................................................................ r ob h oward r ichmond e ast ................................................................................... l inda r eid r ichmond-Steveston ..............................................................................John Y ap Saanich n orth and the islands .....................................................

Murray c oell Saanich South ................................................................................ l ana Popham Shuswap ...............................................................................h on.

George a bbott Skeena .............................................................................................. r obin a ustin Stikine ........................................................................................Doug Donaldson Surrey-c loverdale .................................................................h on. k evin f alcon Surrey-fleetwood ...............................................................................Jagrup brar Surrey–Green t imbers ..................................................................Sue h ammell Surrey-n ewton ................................................................................. h arry b ains Surrey-Panorama ........................................................ h on.

Stephanie c adieux Surrey-t ynehead ........................................................................... Dave S. h ayer Surrey-Whalley.............................................................................. bruce r alston Surrey–White r ock ....................................................................... Gordon h ogg Vancouver-fairview ................................................ Dr. Margaret MacDiarmid Vancouver–f alse creek ........................................................ h on.

Mary Mcn eil Vancouver-fraserview ........................................................................k ash h eed Vancouver-hastings ....................................................................Shane Simpson Vancouver-kensington .................................................................Mable e lmore Vancouver-kingsway..........................................................................a drian Dix Vancouver-l angara .................................................................Dr.

Moira Stilwell Vancouver–Mount Pleasant ..........................................Jenny Wai ching kwan Vancouver–Point Grey ......................................................... h on. c hristy c lark Vancouver-Quilchena ................................................................... c olin h ansen Vancouver–West end ...............................................Spencer c handra h erbert Vernon-Monashee ...............................................................................eric f oster Victoria–b eacon h ill .......................................................................c arole James Victoria–Swan l ake.........................................................................r ob fleming West Vancouver–capilano ............................................................. r alph Sultan West Vancouver–Sea to Sky ........................................................

Joan Mcintyre Westside-kelowna .............................................................................ben Stewart Party Standings: l iberal 49; n ew Democratic 34; independent 2

CONTENTS Monday, May 30, 2011 a fternoon Sitting Page Routine Business introductions by Members ..................................................................................................................................................... 7533 Statements (Standing order 25b) ......................................................................................................................................... 7534 Seaspan Marine c orp. bid for shipbuilding contract J. Mcintyre bike to Work Week l. Popha m c ontributions of seniors M.

Macdiarmid May Day events on Quadra island c. t revena 100th anniversary of Van horne e lementary School M. Stilwell r esponse to flooding in c ariboo-c hilcotin area b. Simpson oral Questions ......................................................................................................................................................................... 7536 f unding for groups participating in missing women inquiry a. Di x h on. c. c lark l. k rog h on. b. Penner J. kwan b. r alston c. Jame s M. f arnworth M.

Mungall Petitions .................................................................................................................................................................................... 7542 n.

Macdonal d h. l ali b. r alston D. black r . a ustin S. h ammell J. brar r eports from c ommittees ...................................................................................................................................................... 7542 Special c ommittee of Selection, first report for the third session of the 39th parliament h on. r . c oleman Petitions .................................................................................................................................................................................... 7542 h. b ains

Orders of the Day Government Motions on notice ........................................................................................................................................... 7543 Motion 9 — Government response to Judges c ompensation c ommission report recommendations h on. b. Penner l. k rog Motion 10 — Government response to Judicial Justices c ompensation c ommission report recommendations h on. b. Penner l. k rog Motion 11 — Government changes to harmonized sales tax h on. k. f alcon a. Di x h on. b. l ekstrom b. r alston i. b lack D. Donaldson r . Sultan M. k aragianis b. Simpson h on.

P . bell n. Macdonal d M. Stilwell M. Sather J. l es S. Simpson k. c orrigan S. f raser D. r outley V . huntington h. b ains Proceedings in the Douglas Fir Room c ommittee of Supply .............................................................................................................................................................. 7593 e stimates: Ministry of h ealth (continued) b. Simpson h on. M. De Jong b. r outley M.

Sather c. t revena S. f raser M. f arnworth J. kwan e stimates: Ministry of t ransportation and infrastructure (continued) h on. b. l ekstrom G. c oons h. b ains e stimates: Ministry of a ttorney General (continued) l. k rog h on. b. Penner

7533 MonD a Y , MaY 30, 2011 The h ouse met at 1:34 p.m. [Mr. Speaker in the chair.] Routine Business Introductions by Members C. James: i have three guests in the gallery and in the precinct with us today: Joe f oy, who is the national campaign director for the Wilderness c ommittee; c hief l iz l ogan, deputy c hief of t reaty 8 tribal council and also the former c hief of f ort n elson first n ation; and Diane c ulling, a member of the board of directors for the Peace Valley environment a ssociation. These individuals and others are travelling the province on their Meet the Peace tour.

They're in Victoria tonight, telling the story of the Peace r iver and talking about the concerns they have around the proposed Site c dam. Would the house please make them all welcome. [1335] Hon. B. Penner: it's my honour to introduce an in - dividual who maybe doesn't need an introduction, but i would like to welcome him here to the floor of the l egislature. f ormer mayor of o ak bay, former member of the l egislature and probably best known as the former a ttorney General for the province of british c olumbia. Would the house please make brian Smith welcome. Hon. M.

McNeil: it gives me great pleasure to intro - duce some very special people in my life: my husband of many, many years, r od Mcn eil; my daughter Molly o'c allaghan, along with her children n ora, fiona and r oger o'c allaghan. in addition, i have my sister of many, many years in the audience, a nne Mathisen. Would the h ouse please make them all feel welcome. R. Chouhan: i would like to share very special and good news with everyone today. My wife, inder, and i became grandparents once again, the second time.

My daughter a mrita c houhan Sanford; her husband, Jamie Sanford; our first granddaughter, c hloe; and my younger daughter a nu c houhan are all very excited to receive our new granddaughter. Please join me to welcome her. Hon. N. Y amamoto: Joining us today are mem - bers of the a ssociation of Professional e ngineers and Geoscientists of british c olumbia. their 26,000- member organization helps to ensure the protection of the public, and their organization supports the work of government in many ways.

Joining us in the gallery are 16 representatives, in - cluding f rank Denton, their president; Jeff h olm, their vice-president; and Derek Doyle, the ceo and registrar. Would the house please help make them welcome. Hon. B. Lekstrom: Joining me in the gallery today are two very able-bodied individuals who work in the l egislature. i would like the h ouse to please help me welcome l ynette butcher, my administrative assist - ant, as well as h olly u nwin, who is my administrative coordinator. M.

MacDiarmid: i'm delighted to welcome from Vancouver-f airview today students from the c ollège e ducacentre, along with their teachers k athleen k ulpas and Spencer Gee. These are five adult students who are learning e nglish. They are new to c anada in the last couple of years, and they've immigrated to c anada from iraq, Senegal, Guinea and the D rc . So to them i say bienvenu, welcome. Would the h ouse please make them welcome. E. Foster: in the h ouse today i have three very special guests.

My wife, Janice, is here today, and accompany - ing her are two young men who have spent the last year with us. e xchange students n obahiro t omanaka and Jesus r omos Salazar have lived with us since last September, and they're getting ready to go home at the end of the school year, so i would like the h ouse to make them very welcome. M. Stilwell: i'd like to introduce Dr. a rvind Gupta today. Dr. Gupta is the ceo and scientific director of MitacS and a professor of computer science at the u niversity of british c olumbia.

Through unique re - search and training programs, MitacS is developing the next generation of innovators with vital scientific and business skills. i also see Jason l eSange of MitacS and brad bennett, who is the chair of MitacS. Would the h ouse please make them welcome. I. Black: i have two introductions to make this after - noon. one is becoming a frequent visitor to this h ouse. h e is my father. i'm beginning to wonder whether it's the support for his son he's interested in or if he's just keeping a beadier eye on how his tax dollars are being spent.

Would the h ouse join me in welcoming my father to the h ouse this afternoon, Stewart black. Sitting next to my father is a seven-year-old girl. h er name is Danielle. She is the light of my world. She's my daughter. Would the h ouse please welcome Danielle to the h ouse as well. [1340] R. Cantelon: t oday i'm delighted to have join us in the h ouse five people who work with inSight developers, an award-winning developer in n anaimo. These are the people who are the real brains behind the organization,

british c olumbia Debates7534 Monday, May 30, 2011 so please welcome l ouise t urch, t racy Mcl ean, eileen barker, c lara ominger and Paula Sled. Please make them welcome in this h ouse. P . Pimm: t oday in the precinct we've had a classroom from up north, n orth Peace high school, 35 students with their two teachers, Jim l ovell and Darcy h off. c ertainly, they're coming from one of the best schools in northern british c olumbia. i'd like the h ouse to make them welcome today. L. Reid: We are joined on the floor of the chamber today by two wonderful women.

We have Sheila orr, who was our former colleague from Victoria-h illside, and Wendy McMahon, who represented c olumbia r iver–r evelstoke. i would ask this h ouse to extend their warmest welcome possible to those who have served with us in the province of british c olumbia. D. Hayer: i have a very special guest on this very historical day, when our new Premier was sworn in as an Mla today. My special guest is my wife for almost 30 years, isabelle h ayer, my best friend and volunteer. Would the house please make her very welcome. Hon. S.

Bond: it is my privilege today to introduce some exceptional volunteers who help british c olumbians in their darkest hours. They are spotters in the sky search- ing for plane-crash survivors. They are road rescuers who pull injured travellers from their wrecked vehicles. They are emergency radio operators, search and rescue trainers and emergency social service providers. They are all vol- unteers with decades of dedication. Those with us today are this year's recipients of emer- gency management british c olumbia's Public Safety l ifeline Volunteer a wards, and i know the h ouse will want to congratulate them.

We have brady c onroy of k amloops. h e is the emergency management b.c. emergency r adio c ommunications Volunteer of the Y ear. Marie Woodruff of Victoria is the provincial emergency program a ir Volunteer of the Y ear. bob Zimmerman of Quesnel is the Search and r escue Volunteer of the Y ear for 2011. bev Stenning of Victoria is the emergency Social Services Volunteer of the Y ear, and Jim h urtado of Vanderhoof is the r oad r escue Volunteer of the Y ear. These individuals do exceptional service.

We were very proud to present their awards today on the steps of the l egislature. i know that all of our colleagues in the h ouse will want to make them welcome and congratu - late them. C. Hansen: Joining us in the h ouse today is a former resident of Vancouver-Quilchena but someone who fre- quently finds the opportunity to come back to that neck of the woods. Would the house please welcome Peter ker. Hon.

M. de Jong: Joining us from Summerland today here in the precincts are c arla Wright and k en o straat. in addition to visiting us, i owe a special debt of thanks to c arla, whose daughter toils day in, day out within the h ealth Minister's office and performs yeoman ser - vice. She is a very talented young lady. i know the h ouse will want to make her mom, c arla, and k en o straat very welcome here in Victoria. Statements (Standing Order 25B) Sea SPan Marine corP . biD for ShiP builD in G contract J.

McIntyre: f ollowing this morning's success - ful motion put forward by my colleague from West Vancouver–c apilano, supporting Seaspan Marine's bid for the estimated $35 billion national shipbuilding con - tracts, i rise to ask all members of this h ouse to join with me in wishing Seaspan every success as the July 7 deadline for proposals looms large. They're in competition with three other bidders in central and eastern c anada to become one of the two 30-year strategic partners with the federal government to rebuild and refit the country's naval and patrol fleets.

The procurement model is designed to create two cen - tres of shipbuilding excellence in the country that will have the first right of refusal on any and all federal con - tracts for large combat and non-combat vessels. if Seaspan were to be successful, this would ensure the stability of the b.c. shipbuilding industry with thousands of well-paid, skilled, family-supporting jobs, averaging $80,000 a year. a recent report estimates the creation of an additional 740 construction jobs as a re - sult of the infrastructure required to build the ships in both Victoria and Vancouver. [1345] a dditionally, the winning shipyard must foster a viable marine cluster around it to incorporate other shipbuild- ers and suppliers into its supply chain, thereby adding value beyond their business and further expanding the economic impact for, in our case, the two major ship - building centres.

This has the potential to significantly increase the size of our marine industry, which has for decades been subject to extreme economic cycles. Seaspan Marine c orp., headquartered in n orth Vancouver and with a workforce of approximately 2,000, is an association of c anadian companies involved in coastal and deep-sea transportation, bunkering, ship repair and shipbuilding services in western n orth a merica. c ongratulations to Jonathan Whitworth, ceo , and Seaspan for being on the shortlist and know that you of- ficially have british c olumbia's full support as the west coast contender.

british c olumbia DebatesMonday, May 30, 2011 7535 bike to W ork W eek L. Popham: When you look around b.c. today, you just might think something's amiss — or a mess, to put it bluntly. it may look like something's a little off or a little flat. Y ou might just conclude that it's bad hair day here in b.c., but actually, it's the first day of bike to Work Week. Many of us are sporting the very coveted hair style those of us in the know call helmet head. f or me it's an every- day look, and i'm proud of it. h.G.

Wells once said: "When i see an adult on a bi - cycle, i do not despair for the future of the human race." Well, would he ever be excited today. it's the 17th an - nual bike to Work Week, and it's being held from May 30 to June 5 all across b.c. The vision of bike to Work Week is to experience the joy of an ever-increasing num- ber of people safely commuting by bicycle.

The mission is to encourage more people in all b.c. communities to commute by bicycle through bike-to-work initiatives. l ast year in Victoria alone we had 633 registered teams, a total of 5,744 cyclists, 830 new cyclists and a total of 243,798 kilometres cycled. a lbert e instein once said, "l ife is like riding a bicycle; in order to keep your balance, you must keep mov - ing," and that's just what bike to Work Week does. it helps introduce an opportunity to stay healthy physic - ally and mentally while reducing our carbon footprint.

We can arrive bright-eyed and bushy-tailed for work, which leads to greater productivity and a healthier workforce. i'll leave you with a quote from John f . k ennedy: "n othing compares to the simple pleasure of a bike ride." contributionS of SeniorS M. MacDiarmid: n ext week, June 5 to 11, is b.c. Seniors Week. it's a great time for us all to honour and celebrate the seniors in our lives. o ur older citizens are an incredibly diverse group of individuals, and i know we all want to thank them for the tremendous contribu- tions they've made and continue to make here in british c olumbia. Who are our seniors?

They're the nation-builders who've helped make this province the amazing place that it is today. o ur seniors are our parents, our grand - parents and our friends. What are they doing today? Well, some seniors are entrepreneurs, and many are in the workforce, so they're at work. r ight now others are swimming, cycling, hik - ing, doing yoga or tai chi. They are tweeting. They are on f acebook. They are inspiring, listening, mentoring and sharing their knowledge, wisdom and life experience. Many of them are volunteering.

Seniors do thousands of hours of volunteer work every year in b.c. in 2007 seniors volunteered for 44.3 million hours in this prov - ince. on average, those who volunteer spend 196 hours volunteering each year. o ur seniors enrich our com - munities and our lives in many ways. They inspire us, and we owe them our deepest respect. n ow, here are some of the ways that you can celebrate with seniors in your community next week.

There will be barbecues, dinners, bocce tournaments, picnics and garden parties. if you're a senior in c hilliwack or n orth Vancouver, you can compete in a talent show to be part of the c anadian Senior Star, the largest talent competi - tion dedicated to seniors. a nd if you're in Victoria, you can dance at the r ockin' 50s Dance — dance the night away dressed up in '50s attire. r egardless of where you are next week, please make sure to take some time to celebrate with the seniors in your community. We owe them so much. l et's make sure to give them the respect and honour that they deserve.

So don't forget next week to celebrate with b.c. seniors. [1350] Ma Y Da Y e Vent S on Qua Dra iSlan D C. Trevena: Mounties in their red serge, the colour guard, pipe band and then the floats — a parade that wends through the forest along r ebecca Spit. Saturday marked Quadra island's 113th May Day. The theme this year was "Gardens of delight." in the past it's been islands, air, oceans.

The one guiding rule for the theme according to Sandy Spearing, who runs the community centre, was the request by a young participant years ago: "c an i wear my angel wings?" This year we had gnomes and bees and garden parties, underwater gardens and many sets of angel wings. There were also the traditional floats and the child care centre, the kindergarten, the May Queen and her court, and the volunteer emergency services in their dress uniforms. The parade ends at the field on r ebecca Spit, where the May Queen is crowned. This is a comparatively new tradition.

The first May Queen was the then 11-year-old member for Saanich South. This year Jane n ighswander was crowned and talked about May Day's place in her life in the community. of course, there are maypole dances, grade 3s working hard on the intricate weaving of rib - bons, year after year, taught by barrie c alverly. e very year a person or organization on the island is honoured for their commitment to the community. This year it was the seniors housing society.

Gourmet picnics are donated by island restaurants and stores and are auc- tioned, and people eye the sky for the continued sun and just a touch of breeze for the annual sailing race. The afternoon is a time for games, for volleyball and races, the building of beach houses and, of course, the grease pole. n ow, many visitors to Quadra may assume that that tall pole in the field on the spit is our maypole, but every year Doug and Gretchen Peters make sure it's

british c olumbia Debates7536 Monday, May 30, 2011 covered in grease and $50 is attached to the top. While strategies vary to reach it, it usually goes. Quadra opens itself to the tourists. in fact, this weekend sees the studio tour which marks the start of the season. but May Day is the time for friends and neighbours on the island to celebrate Quadra island's wonderful sense of community. 100th anniVerSar Y of Van horne eleMentar Y School M.

Stilwell: i want to wish Van h orne e lementary School a happy 100th birthday. l isten to what Principal Phil Moses says about this wonderful school: "f or a cen- tury Van h orne e lementary School has created a legacy of foundational learning, pivotal experiences, special re- lationships and an enduring supportive community." l ast week over 600 people came together to celebrate, reconnect and remember the struggles and successes of 100 years. besides Mr. Moses, 18 former principals were recognized for their contributions and the differ - ence they made in the lives of students, parents and teachers.

Parents have always been integral to the school, and in the 1920s the parents established a soup kitchen and gave free milk to the needy. t oday parents continue to make contributions to school life and the community. Many former principals remember efforts of past Pac s — the dances, fairs and events held with the surround - ing community. Thanks to Dave Miranda, current P ac chair for his work, and kudos go to all of the centennial committee: Phil Moses, Denise Johnson, Dorothy Watkins, Sean Martin, erica Saunders, Debbie blaise, Vicky r usk and Mary Shields.

Van h orne continues its success due to the hard- working students, their devoted staff and supportive parents. They all thrive following the code of conduct that instils the desire to work together as a team. it was a wonderful celebration, and congratulations to all. reSPonS e to floo Din G in cariboo-chilcotin area B. Simpson: Mother n ature has not been very kind to the c ariboo-c hilcotin this past year. l ast summer's fires destroyed thousands of hectares of forests, while smoke blocked the sun for weeks and choked the air throughout the region.

Then came the fall storms that washed out h ighway 20, and now we have the spring floods. Many areas of the c ariboo have already been im - pacted by early spring flooding from rivers and creeks that won't peak until late June. c edar creek in l ikely now flows like a torrent through the community's ball - park, flooding half of c edar Point Provincial Park.

Just down the road a flash flood of another creek deposited gravel two-thirds of the way across the narrow point of Quesnel l ake. a few days ago c hoate creek wiped out a portion of beaver Valley r oad. a t one point the c ottonwood r iver rose 18 inches above its historic high at c ottonwood h ouse historic site.

Downriver it wiped out the frontage of a small subdivision on the Quesnel h ixon r oad, causing gov - ernment to dismantle three homes in order to prevent them from being swept into the river. [1355] i stood with the two families whose homes were to be destroyed and witnessed their anger and anguish as they removed the last of their belongings and complied with the government's need to destroy their private property in order to protect the public interest.

Throughout all of these natural disasters, teams of dedicated individuals manage and coordinate the gov - ernment's response and assist victims to find shelter and comfort when they are evacuated from their homes. t oday i want to recognize the efforts and expertise of the professional staff in the Solicitor General's office, emergency management b.c., the c ariboo regional district's emergency operations centre, emergency so - cial services. a ll of these people do their absolute best to mitigate and moderate the impacts of Mother n ature's fury. i ask the h ouse to please join me in thanking all the emer - gency response personnel from all levels of government who work hard to serve the people of b.c. in the times of natural disasters.

Oral Questions fun Din G for Grou PS Partici Patin G in MiSSin G Wo Men in Quir Y A. Dix: first, on behalf of the official opposition, i want to congratulate the Premier on her return to the l egislature. i'm sure it's a very, very proud day for her and her family. My question is to the Premier, and i hope it's a question that we can find some agreement on.

The government has chosen to deny funding to women's groups, to ab - original groups, to community groups in the Downtown e astside at the Missing Women's inquiry — this in spite of the recommendation of Wally o ppal, who has recom- mended that these groups be heard, that their voices be heard at the inquiry. Will the Premier intervene to over- turn this decision and make sure those voices are heard at the inquiry? Hon. C.

Clark: Thank you to the l eader of the o pposition for his kind remarks to start off this very first question period since i've become Premier. it is indeed nice to be back. i owe many thanks, as well, to

british c olumbia DebatesMonday, May 30, 2011 7537 the people of Vancouver–Point Grey for supporting me and getting me here and, of course, to all the folks sitting on this side of the h ouse who've been holding down the fort while i haven't been here, including the Minister of f inance and Deputy Premier, who's done some full duties in these last couple of weeks. i'm de - lighted to be here.

Thank you very much to the member for the ques - tion. it is tragic what has happened in the Downtown e astside, and it continues to be tragic — what happens down there for women and children and men who struggle every day in what is certainly one of c anada's poorest postal codes. it has been a challenge for gov - ernments for decades to try and get our hands around the issues down there, try and wrestle them down and make sure that it's a better place tomorrow than it has been in the past. c ertainly, this government called the inquiry in the first place and appointed Mr. o ppal to head it up because we want to make sure that people's voices are heard.

We want to make sure that we get to the bottom of some of the problems down on the Downtown e astside and make sure that when we get to the bottom of those prob- lems, we have a way to move forward. i know the inquiry is committed to making sure that we can hear from as many voices as absolutely pos - sible, because we want to make sure that the Downtown e astside is a better place, is a safer place and is the kind of close-knit, healthy community that many of the rest of us have the good fortune to live in. Mr. Speaker: The l eader of the o pposition has a supplemental. A.

Dix: Well, there's apparently funding for a large number of government lawyers. We've seen in previous matters, in particular in the b.c. r ail trial, that there's funding sometimes for government insiders — $6 mil - lion worth of funding in that case for them to get access to justice. in this case we're talking about the groups…. i want to quote the former a ttorney General, who says: "These groups are closer to the facts at issue.

Most of these groups were front-line lobbyists for public attention to the missing and murdered women and ultimately for the establishment of a public inquiry." [1400] n ow, the a ttorney General says there's a line, and because of that line, these voices won't be heard at the inquiry; they won't be supported by the government. but i think that clearly, the government's line is in the wrong place. So what i'm asking the Premier to do is intervene and ensure that those groups that represent women on the Downtown e astside are heard at this public inquiry. Hon. C. Clark: Thanks to the member for the question.

The member knows that the government is funding the families to be able to be heard at the commission, and we are making sure that as many voices as possible are heard before that commission. it seems to me to be our obligation to do that, and we're certainly living up to it, although it isn't required by law for us to do that.

We want to make sure those voices are heard because, as i said, the issues facing women and children and men who live in the Downtown e astside are serious, and they are urgent. one of the things the government has done to try and address those issues and make sure that we really under- stand them, to make sure we have a road map to try and address them is appoint the commission of inquiry that Wally o ppal is heading. There are many, many other things, though, that we can do, and among them is making it a little bit easier for all families to get ahead in this province.

Make it a little bit easier for all those folks, many of whom are struggling at the bottom of the income scale, many of whom find themselves at the middle of the income scale, some of whom still find themselves at risk of homelessness. Make sure that they have a chance to get ahead. Putting families first is at the heart of what we are doing as a government.

We want to make sure that families have a lighter burden across the board, that it's a little bit easier every day for families to put food on the table for their children, no matter where they find themselves across the province, whether it's in Salmon a rm, whether it's in Prince r upert, whether it's in a tlin or whether it's in the Downtown e astside of the city of Vancouver. Mr. Speaker: The l eader of the o pposition has a fur- ther supplemental. A.

Dix: Putting families first isn't about words; it's about actions. in this case the actions are $6 million in funding for the defendants in the b.c. r ail trial — $6 million, right; that's what it is — and to deny funding to the very groups that Wally o ppal has said should be funded. What did he say? h e said that the groups he has given standing at the inquiry should not be denied participa - tion because they have lack of funds, and this is precisely what the government is doing. The voices who protected and defended women in the Downtown e astside are be- ing denied access at this hearing.

Why doesn't the Premier intervene, give the same status she's giving to government organizations at this inquiry, give the same treatment that the government gave to defendants in the b.c. r ail trial and ensure that those voices are heard at this inquiry?

british c olumbia Debates7538 Monday, May 30, 2011 Hon. C. Clark: Thanks again to the member for the question. n ow, the member knows, as i said, that the govern - ment is funding families. We, i believe, have a moral obligation to do that. e ven if we don't have a legal one, we certainly are. We've expanded the terms of reference for the com - mission so that it's a study commission. They can hear from many other groups as well, so it's a less formal in - quiry. The idea with that is to make sure that it's easier for people to be able to access the inquiry and make their voices heard.

There are very specific issues in the Downtown e astside that we absolutely have to be thinking about. We have to make sure, as i said, that the route going forward is a lot better than the route going backward that we've seen in the past for people in the Downtown e astside. but we have to support families all across the province. We have to lighten the burden. That's why the minis - ter responsible for b.c . h ydro is reviewing b.c . h ydro. That's why, when icbc decided that they were going to start giving people higher rates after they had one ticket, the Solicitor General stepped in.

That's why the Minister of t ransportation is having a look at b.c. f erries. That's why we are lowering the hS t by 2 points. We're going to make sure that every family in this province ends up ahead when it comes to taxes. When you think about the total burden that government puts on families — i want to help families get ahead all across the prov - ince — i'd sure rather be supporting a 10 percent tax than a 12 percent tax. L.

Krog: i'm sure it wasn't the Premier's intention to trivialize this topic by comparing the discussion today with what's happened at icbc. f or years these women's groups have been arguing and fighting to seek justice. We are talking about dozens of women whose lives are gone, women who have disappeared. [1405] it's a very simple proposition.

The former a ttorney General was very clear. h e's a respected jurist. h e was a respected lawyer in his time. h e was a respected a ttorney General. h e has stated very clearly that these groups should be funded. i'm simply asking the Premier to say to me today, to tell this h ouse, to say to this group: why is it okay to pay for $6 million in legal fees for Dave basi and bobby Virk but not for these women's groups? Hon. B. Penner: a s the Premier has correctly noted, we do feel an obligation to respond to the tragedy that took place in the Downtown e astside with the mur - dered and missing women.

That's why our government established the inquiry. That's why our government ex - panded the terms of the inquiry to allow for not just the formal hearing study or hearing commission but also a study commission so that all people can partici - pate, if they want, without the need to rely on lawyers for cross-examination in a more adversarial setting. So we responded. in addition, as the Premier noted, we have decided to fund legal representation for the families of the mur - dered and missing women, because we know that this is an important issue. Mr. Speaker: The member has a supplemental. L.

Krog: if the former a ttorney General, the head of this commission, had thought the funding was ad - equate to simply fund one lawyer to represent all of the families, he would have said so. but that's not what Mr. o ppal said. h e said: "My intention was to ensure that no group with standing before the inquiry would be denied legal counsel at the evidentiary hearings due to lack of funds." The simple fact is that no one goes into this kind of inquiry without counsel and expects to get the same hearing or have the same kind of job done. businesses don't go into courtrooms without high-priced lawyers because they appreciate you need an advocate.

The fact is that the former a ttorney General recognized the need for advocates for these groups to ensure that all the voices were heard. a gain, my question to the Premier is: why is it we can fund bobby Virk and Dave basi, but we can't fund these groups? Hon. B. Penner: o bviously, the public as well as the government — and, i would assume, the opposition, from the comments i've just heard — have a limited appetite for spending unending amounts of money on lawyers and their fees.

That's why we've decided to pri - oritize. o ur priority is putting families first. l ike we did for the braidwood inquiry looking at the tragic death of r obert Dziekanski, where we provided funding for the family of Mr. Dziekanski to be repre - sented in that inquiry, we are providing funding for the families of the murdered and missing women that sadly lost their lives in the Downtown e astside at the hands of Mr. Pickton.

There is not an unlimited amount of money that can be spent on taxpayers' fees. o ur government recognizes that, but nevertheless, we are providing the funds neces- sary so that the families of the murdered and missing women have legal representation at the inquiry. J. Kwan: Some 60 women have gone missing from the Downtown e astside community, and 20 other women have gone missing from the h ighway of t ears since 1995. Wally o ppal, the inquiry commissioner, on May 3, 2011, recommended that the government pro -

british c olumbia DebatesMonday, May 30, 2011 7539 vide funding to 13 applicants who requested financial assistance to participate in the formal hearing of the commission. f or this inquiry to deliver real answers and lessons, residents of the Downtown e astside, women's and in - digenous advocacy and service organizations must be full participants. They were close to the women who have gone missing. They knew their struggles, and they knew their lives. They are the ones who drew public attention to these cases and have been fighting for justice. My question is to the Premier.

Will she support their participation in the inquiry so that b.c. has a meaning - ful and full missing women's inquiry? Hon. B.

Penner: a s i indicated, our government is providing funding for legal representation for the fam - ilies of the murdered and missing women so that they can participate in the formal inquiry component that's taking place. but as i mentioned, our government re - sponded to a request from the commissioner himself in March to expand the terms of reference so that it would allow for a study commission, which is less formal, less adversarial and more open for people to participate, with or without legal representation. [1410] That avenue is there. i know that the commis - sioner does intend to hold study commission hearings and to make it as successful as possible for people to participate.

Mr. Speaker: The member has a supplemental. J. Kwan: l et me just put this quote on the record. "This inquiry has a responsibility to highlight those systemic injustices that allowed the unimaginable deaths and disappear - ances of so many women from the Downtown e astside. The membership of organizations and groups like the Downtown e astside Women's c entre and the f ebruary 14 Women's Memor- ial March c ommittee provide the critical context necessary for this inquiry as we knew the women and their lives." Without their participation the inquiry will be in - complete.

Many fear that it will become an exercise that generates no real answers or lessons. This inquiry is not just about understanding what happened. it is also about preventing more cases of women going mis - sing from the Downtown e astside and other parts of british c olumbia. Will the Premier reconsider? Will the Premier do the right thing and allocate legal funding to support these organizations so that they have full voice and full par - ticipation at this inquiry? Hon. B.

Penner: in addition to what i've already stated about the informal study commission compon - ent that our government recently added to the terms of reference for the commission of inquiry, last week c ommissioner o ppal was quoted on May 26 as stating that people at the study commission don't need to cross- examine witnesses. That's confirmation that in order to participate in the hearing you don't need to have a tax - payer-funded lawyer. n ow, we did see fit to provide legal representation for the families of the murdered and missing women.

We felt that that was appropriate. it's similar to what government has done with other inquiries such as the braidwood inquiry into what happened to Mr. Dziekanski when he arrived at the YVr international arrivals lounge. a s the Premier pointed out, and she's quite correct, we have no legal obligation to do that. We felt it is im - portant to do it for the families, and that's why we are funding representation for the families. B. Ralston: My question, too, is for the Premier. c learly, Mr.

Justice o ppal, as he was, and the former a ttorney General, did not make this recommendation lightly. it came after careful consideration and submis - sions by the commission. h e has recommended that in order that justice be done…. i'm going to quote from what he said. "My recommendation to the provincial government was to fund all the groups that satisfied me that they would not be able to participate fully without financial support." This is coming from a very respected jurist, a former a ttorney General, who did not make this recommenda - tion lightly.

Why will the Premier not heed that advice and overrule the a ttorney General? Hon. B. Penner: i'm sure the commissioner will be pleased to know that the opposition, who used to criticize him on a daily basis, now considers him well- respected. i'm sure he'll appreciate that change of heart on the part of the nDP . a gain, as i've said, our government is putting families first. There is a limited amount of money and a lim - ited amount of taxpayer appetite, frankly, for spending money on lawyers and their fees.

We have decided to prioritize funding for legal representation for the fam - ilies of the murdered and missing women. That's similar to what government has done with pre- vious inquiries such as the braidwood inquiry that i've already talked about, where we provided funding for the mother of Mr. Dziekanski but not for other groups that wanted to participate. There were other people seeking funding, but the government decided to put the funding for the families first. Mr. Speaker: The member has a supplemental. B.

Ralston: Well, that limited appetite wasn't much in evidence when the government approved $6 million in legal fees for bobby Virk and Dave basi. once again i return to what Mr. Justice o ppal said: "My intention was to ensure that no group with standing

british c olumbia Debates7540 Monday, May 30, 2011 before the inquiry would be denied legal counsel at the evidentiary hearings due to lack of funds" — again, for the evidentiary hearing, a considered response by the former a ttorney General. Will the Premier intervene and overrule this a ttorney General and fund those groups? Hon. B. Penner: a s the Premier noted, we are all tra- gically touched by what happened on the Downtown e astside and the loss of all those lives in such a senseless, tragic and, frankly, horrific way. That's why we're pleased to see a conviction entered and the sentence imposed upon Mr.

Pickton, but we didn't want to stop there. [1415] That's why our government appointed an inquiry of commission to look into whether there were systemic issues that prevented Mr. Pickton's arrest at an earlier date and his earlier conviction. So we're funding the commission of inquiry.

We've expanded the terms of reference for the inquiry so that people can participate in the study commis - sion without the need for taxpayer-funded lawyers, so that they can do that in a less adversarial way but still have their voices heard. in addition, because we are so touched by what happened and so distraught, we have made funds available to provide legal representation for the families of the murdered and missing women. C. James: This is the government's own commis - sioner, appointed by the government to manage the very serious issue of missing women across this prov - ince.

The commissioner himself has recommended to government that these groups and organizations need to be funded in order to participate in this very serious inquiry. i heard the a ttorney General say that it's about pri - orities, that we have to prioritize money. Well, it's very clear what the b.c. l iberals have made a priority. Their friends and insiders basi and Virk got $6 million — and nothing for the missing women's inquiry. My question is to the Premier. if the Premier wishes to put families first, here is an opportunity. f und the groups and organizations today. Hon. C.

Clark: Thanks to the member for her ques - tion. i am very glad that the rumours of her imminent demise are turning out to be untrue. She's provided a great voice for women in british c olumbia. We haven't always agreed on everything, but i'm delighted that she's continuing to take her seat in the l egislature. a s the a ttorney General has said, our government is deeply concerned about what's happened in the Downtown e astside, and that was why we appointed the commission of inquiry in the first place.

That was why we took Justice o ppal's advice and expanded the terms of reference so that it could be a study commission and could hear from more people. That's why we are provid- ing funding for the families to be heard in this — so that they can be represented by lawyers, just like we did in the braidwood inquiry. The government is, i think, with all of these ac - tions, demonstrating in this particular aspect that we do really…. This is an incredibly important issue.

We have to make sure we get to the bottom of it. a nd we have to make sure that, going forward, the Downtown e astside is a safer place in the future than it has been in the past. our government remains deeply concerned about this, not just with respect to the work of this inquiry but even further. We need to, as i said, look at the total burden on families overall. We need to make sure that low-income families in particular are doing better than they have been.

That's why our government has provided a whole series of rebates and made it a whole lot easier to be able to support the burden of government when you're at low income now than it was about ten years ago. Mr. Speaker: The member has a supplemental. C. James: i remind the Premier that we're talking about the missing women's inquiry, and the missing women's inquiry would not have happened if it weren't for those 13 groups who stood up to this government to insist on having the inquiry.

These are groups and organizations that put time, that put energy, that put their own resources into making sure the inquiry was going to be there, in making sure they would have a voice to try and do everything possible to ensure that these kinds of things don't happen again. n ow when they're asking for funding to fully participate, this gov - ernment has said no. i ask my question again to the Premier. Why won't the Premier, why won't the b.c. l iberals support these groups and organizations, support the work they've done to get the inquiry so that they can fully participate? Hon. C.

Clark: t o the former l eader of the o pposition, many thanks again for the question. a lthough i was on the outside at the time, i am reliably informed…. i re - member this from my days in radio.

The government said at the time that they would support an inquiry when the legal proceedings were complete. [1420] The government kept their promise and has gone fur- ther, has accepted the recommendation of c ommissioner oppal to expand the terms of reference to make it a study commission so that more people can be heard, and has followed the example that was set in the braidwood inquiry and made it possible for the families to be funded and be heard at the inquiry. i think those are very important steps to have taken, and it really reflects more than anything this gov -

british c olumbia DebatesMonday, May 30, 2011 7541 ernment's deep concern about the conditions in the Downtown eastside. a ll of those missing and murdered women were lost to their families and to our communities in the most tragic way possible. it's incumbent on all of us in every aspect, in every corner of our society in british c olumbia, to care and to show that we care by doing something about it. That's what this government has done. M. Farnworth: My question is to the Premier. This is not about the hS t .

This is about missing women, women who were murdered at the Pickton farm. it's about a botched investigation. it's about mistakes that were made and should never happen again. That's what this inquiry is about. it's not about the hS t . The individual heading up that inquiry, a former a ttorney General of this province — who, though we often disagreed with, we always respected — has said that these 13 groups should be funded. Those 13 groups know more about the Downtown e astside than the Premier and her entire government will ever know. My question is to the Premier.

Why doesn't she give the former a ttorney General, Wally o ppal, what he's been asking for: that funding be provided for these 13 groups so that we can get a report that really does ac - complish something? Hon. B. Penner: i'll say it again. o ur government was very touched by what happened. We watched closely, and we helped fund the investigation as it took place. Prosecutions were pursued, convictions were obtained, and a sentence was imposed. i don't think Mr. Pickton will be seeing the light of day anytime soon, and that's appropriate. h owever, we didn't stop there.

We felt it was import - ant to establish an inquiry to look into whether in fact there was a botched investigation. The member has reached his conclusions. i'm interested in hearing the conclusions of the commission in that regard, and that's why we established it. We are providing funding so that the families of the murdered and missing women can directly participate with legal representation in the for - mal inquiry and also in the study commission, which are the less formal hearings.

My understanding is that c ommissioner o ppal is hoping to start those less formal hearings within weeks and will be travelling to northern british c olumbia to do so. Mr. Speaker: The member has a supplemental. M. Farnworth: c ommissioner o ppal knows what he's doing. h e asked for funding for a reason. When the Premier has been asked about this funding, she has talked about wanting to make things better, and she has talked about the hS t . This is not about the hS t .

This is about missing and murdered women from the Downtown e astside and a commissioner, a former a ttorney General, who is recommending funding for 13 groups. Why will the Premier not listen to the commissioner, the former a ttorney General of this province, who has recommended the funding for those 13 groups? Why will the Premier not fund those groups? Hon. B.

Penner: i've heard the opposition complain day after day about how much money has been spent in the past on legal fees, and our government actually shares many of those concerns. it's why i've appointed Stephen t oope, the president of ubc and former dean of law at McGill u niversity, to review the indemnity policy to get a better handle on legal fees through the indemnity policy in the future. u nfortunately, we can't turn the clock back. We can't put a different date stamp on a memo and set the clock back on that issue.

What we can do is get a better handle on expenses in the future, and that will give us more re - sources in the future to spend on things like providing representation for families in public inquiries. in this public inquiry our government is funding the families. [1425] M. Mungall: Mr. Speaker, 13 organizations have put their hearts and souls into the Downtown e astside. it is because of them that we have this inquiry. They have been strong advocates for their communities. They need to be heard at this public inquiry. They need to have the funding necessary to do so.

Will the a ttorney General today commit to that fund- ing? it's a simple question, and they need an answer. Hon. B. Penner: The member is incorrect. The rea - son for the public inquiry is because of the families of the murdered and missing women. it's because our gov- ernment, like everybody in british c olumbia and frankly anybody in the world that heard about this case, was horrified about what happened. We want to find out if there are lessons that we can learn so that we can prevent something like this from happening in the future.

That's why we appointed the formal inquiry, that's why we've expanded the terms of reference as requested by c ommissioner o ppal, and that's why we're provid - ing legal representation for the families of the murdered and missing women. i want to get the results as soon as possible so that if there are lessons to learn, if there are policies and procedures between the police forces that need to be changed, i want that information as quickly as possible so that we can make improvements in the future and stop something like this from happening again. [end of question period.]

british c olumbia Debates7542 Monday, May 30, 2011 Petitions N. Macdonald: i would like to present a petition signed by almost 300 residents of Golden asking for safe access to Donald and Dejorie roads. The petitioners are very concerned about the proposed intersection as it joins the t rans-c anada within the current highway up - grades as part of the Donald bridge project. H. Lali: i'd like to present a petition with nearly 500 signatures from residents of the b otanie Valley near l ytton.

"n orthWest o rganics l P , a company with strong links to some l ower Mainland waste management businesses, is in the process of constructing what we believe to be an industrial composting facility on a local ranch. "We the undersigned residents and friends of botanie V alley respectfully request that the government of british c olumbia immediately enforce a construction moratorium on the proposed facility pending the completion of a b.c. government environ - mental impact study." B.

Ralston: i'm filing a petition from Surrey residents concerned about the negative impact of in - adequate school space on our education system and calling on the government to (1) allow for an excep - tion to the current funding formula to address Surrey schools' immediate needs in this year's capital plan, and (2) review and change capital funding policies for schools to ensure that they continue meeting Surrey's ongoing growth. D.

Black: i rise to present a petition signed by a number of residents in n ew Westminster urging this l egislature to adopt endangered species legislation that protects species at risk by protecting their habitat, including transparency and accountability in the legislation. R.

Austin: i also have a petition from Surrey residents concerned about the negative impact of inadequate school space on their education system who are call - ing for the government to do two things: to allow for an exemption to the current funding formula to address Surrey schools' immediate needs in this year's capital plan and, secondly, to review and change capital funding policies for schools to ensure that they continue meeting Surrey's ongoing growth. S. Hammell: i also rise to present a petition from Surrey residents concerned about the negative impact of inadequate school space on our education system.

They are calling on the government to allow for excep - tions to the current funding formula to address Surrey schools' immediate needs in this year's capital plan, and to review and change capital funding policies for schools to ensure that they continue meeting Surrey's ongoing growth. [1430] J.

Brar: i also rise to submit a petition signed by Surrey residents concerned about the negative impact of lack of school space on our education system and call - ing on the government to do two things: first, allow for an exception to the current funding formula to address Surrey schools' imminent needs in this year's capital plan and, second, to review and change capital funding policies for schools to ensure that they continue meeting Surrey's ongoing growth needs. Reports from Committees Hon. R.

Coleman: i have the honour to present the first report of the Special c ommittee of Selection for the third session of the 39th parliament. i move that the report be taken as read and received. Motion approved. Hon. R. Coleman: i ask leave of the h ouse to move a motion to adopt the report. l eave granted. Hon. R. Coleman: i move that the report be adopted. Motion approved. H. Bains: Presenting petitions. Mr. Speaker: Proceed. Petitions H.

Bains: These are petitions from Surrey residents concerned about the negative impact of inadequate school space on our education system, who are calling on government to address Surrey schools' immediate needs in this year's capital plan, and to review and change capital funding policies for schools to ensure that they continue meeting Surrey's ongoing growth. a ll of them add up to 659 petitions today. These are in addition to a petition that was presented here from the member for Surrey–White r ock calling for the same. Orders of the Day Hon. R.

Coleman: The business in this h ouse this afternoon will be Motion 9, judicial compensation, and then Motion 10, judicial compensation. f ollowing that will be Motion 11 to deal with the hS t . in c ommittee a this afternoon we will be doing the es- timates of the Ministry of h ealth to completion, followed by the Ministry of t ransportation and infrastructure, the Ministry of a ttorney General and the Ministry of c hildren and f amily Development.

british c olumbia DebatesMonday, May 30, 2011 7543 Government Motions on Notice Motion 9 — Go VernMent reSPonS e to JuDGeS co MPenSation co MMiSSion rePort reco MMenD ationS Hon. B. Penner: i move Motion 9 standing in my name on the orders of the day. [That pursuant to

section 6(2) of the Judicial Compensation Act the l egislative a ssembly reject seven of the fifteen recommen - dations of the Final Report of the 2010 British Columbia Judges Compensation Commission as laid before this a ssembly on May 3, 2011, as unfair and unreasonable for the reasons outlined in the Government Response to the Report of the 2010 Judges Compensa- tion Commission filed in this house today: 1.

The recommended salary increase for a pril 1, 2013 to March 31, 2014 of an amount based on the cumulative change in the british c olumbia c onsumer Price index (the “bc -c Pi”) over the preceding three-year period is rejected. The salary increase for a pril 1, 2013 to March 31, 2014 is set at zero. 2. The recommended increase in the pension accrual rate for judges from 3% to 3.5% effective a pril 1, 2013 is rejected. The pension accrual rate is set at 3%. 3. The recommended increase in the pension contribution period for judges from age 71 to age 75 effective a pril 1, 2011 is rejected.

The end of the pension contribution period is set at age 71. 4. The recommendation that the cost of long-term disability ben- efits be separately funded by government outside of the budget of the office of the c hief Judge is rejected. The method for budget- ing the cost of long-term disability benefits will remain within the budget of the office of the chief Judge. 5. The recommendation that long-term disability benefits be extended to judges to age 75, effective a pril 1, 2011 is rejected but in substitution the long term disability benefits to judges will be extended to age 75 commencing on april 1, 2013. 6.

The recommendation that judges be enrolled in the govern - ment flexible benefits plan, effective a pril 1, 2011 is rejected but in substitution the judges will be enrolled in the government flex- ible benefits plan, commencing april 1, 2013. 7. The recommendation that, effective a pril 1, 2011, the Senior Judges Program be expanded by an amendment to the Judicial c ompensation a ct is rejected. The recommendation to increase the possible number of sitting days for senior part-time judges at the discretion of the c hief Judge, with a three-year “sunset clause” is rejected.

The following recommendation is substituted: a. the l egislative a ssembly accepts in principle that part- time judges should be permitted to exceed the existing remuneration caps but recognizes this requires legisla - tive amendment at a future sitting and is outside the scope of the Judges c ompensation c ommission; b. the l egislative a ssembly recommends that the remuneration caps limiting a senior part-time judge’s salary to no more than 40% of the salary of a full-time sitting judge and the combination of salary and pension benefits to no more than 100% of the salary of a full- time sitting judge be removed; c. the l egislative a ssembly recommends that a future legislative amendment should allow the c hief Judge, using discretion and if adequate budgetary resources exist, to authorize one or more part-time judges to provide coverage to meet urgent and unforeseen needs resulting from illness or injury; and d. the l egislative a ssembly also accepts that these changes should be reviewed after three years.

That the l egislative a ssembly accept the remaining recommen- dations contained in the report.] i'd like to take a few moments to speak to this mo - tion respecting the compensation that is paid to the province's Provincial c ourt judges. The process that is followed to determine their compensation is necessarily different from collective bargaining.

The reason for this is the need to ensure that judges are, and are seen to be, independent of government. indeed, judicial independence is a cornerstone of our justice system. it is critical to our democracy so that any- one accused of a crime or who challenges government before the courts can be sure that their case will be de - cided based on its merits. This principle of judicial independence as it applies to setting judicial officers' compensation has been affirmed in numerous court judgments.

Guidance has been given to governments by the Supreme c ourt of c anada re - specting an appropriate process to follow. What is most important is that governments and judges do not en - gage in bargaining over judges' compensation. instead, a process has been determined whereby government and representatives of the judiciary make representations to the independent commissions. in british c olumbia there's one for judges and one for JJPs, better known as judicial justices of the peace.

These commissions in turn make recommendations to government setting out what the commissions believe would be the appropriate salaries and benefits for judges and JJPs for a three-year period. This process unfolds ac- cording to the broad constitutional direction set by the Supreme c ourt of c anada, as well as the more detailed provisions contained in the british c olumbia Judicial c ompensation a ct.

Governments are not bound to ac - cept commission recommendations, but if they wish to depart from them, they must clearly articulate a rational reason for the rejection. in b.c. we have provided in the Judicial c ompensation a ct that government must find a recommenda - tion to be unfair or unreasonable in order to reject it.

Government's responses, which have been appended to these motions, contain more detail respecting the cri - teria for government to follow in rejecting commission recommendations. [1435] before i address government's response to the 2010 Judges c ompensation c ommission, let me first say a few words about the judges of the Provincial c ourt. i haven't been in my role very long as a ttorney General, but it is a great privilege for me to have the opportunity to work with the Provincial c ourt judiciary. i first encountered them, i think, during my first summer of articles between first- and second-year law school when working in c hilliwack for a private law firm, and over that time i've had the experience of ap - pearing before many of them. i'm always impressed with the dedication, innovation and commitment that our bench devotes to the public.

british c olumbia Debates7544 Monday, May 30, 2011 r esponding to the reports of the two compensation commissions is challenging in many ways. The respect we have for the processes established for determining judicial compensation as an aspect of preserving judi - cial independence governs our decision-making, but so do the fiscal imperatives that government is operating within.

Government has endeavoured to be fair-minded, reasonable and thoughtful about a response to these im- portant reports. in considering what is fair and reasonable, we have developed our recommendations in the context of the current fiscal climate and the impact that has had on salary and benefits throughout the public sector. The details of the reasoning in relation to these issues are contained in the response documents that i filed on the 25th of May, 2011, when i filed the notices of motion. i'd like to highlight some of the general principles you will see in our reasoning.

Government has determined that it must limit com - pensation increases paid by public funds. a compensation arrangement for judges that provides protection against inflation is not consistent with this determination, nor are substantial increases in benefits. Protection against inflation has not been offered to employees in the pub - lic service. in pursuing its approach to deficit reduction, the government has established a net-zero public sector compensation mandate.

This mandate is an across-the- board measure affecting every person who is paid from the public purse. a similar approach is fair and reasonable for Provincial c ourt judges. The Supreme c ourt of c anada recognized, in the P .e.i. reference case, that the guarantee of a min - imum acceptable level of judicial remuneration is not a device to shield the courts from the effects of deficit re - duction.

The court recognized that "nothing would be more damaging to the reputation of the judiciary and the administration of justice than a perception that judges were not shouldering their share of the burden in difficult economic times." Judicial compensation has increased significantly in recent years. in 2004 judges' salaries were $161,250 a year. They are now $231,138 annually. This is a cumula- tive increase of 43.3 percent since 2004.

This substantial increase flows from the 2004 and 2007 judicial compen- sation commission recommendations. a lthough the current net-zero mandate established by government does not extend as far as the judges commission, the cur- rent economic climate dictates this response for the entire term of the commission's recommendations. if all judges commission recommendations are accepted, the three- year total cost to government would be $6.86 million. i want to be clear that the costs i'm discussing relate to the cost of judges only.

These are the only costs the government's decision is based on. in light of the present uncertain fiscal situation for government, a recommendation of no increase in the salary of judges for the 2013-14 year, as well as the prior two years, is fair and reasonable. of further considera - tion is the uncertainty regarding the financial impacts that government may face as a result of the harmon - ized sales tax referendum being conducted in June of this year.

We have accepted some very minor benefit adjust - ments that would allow the judges to benefit from some of the benefit programs available to others in the public sector, such as the flexible benefits programs and long- term disability. but we recommend those adjustments at a later date — again, to be fair to the broader public sec - tor, which will not be seeing benefit increases until 2013 at the earliest. i'll take my seat and await the remarks of my learned friend. [l. r eid in the chair.] L. Krog: i'm delighted to rise to this today.

The issue of compensation for positions of importance in our so - ciety — and certainly Provincial c ourt judges are very high on that list — is always problematic. The a ttorney General has commented to some extent on the history of Provincial c ourt judge salaries. between '92 and '97 they remained constant at $118,402 a year. [1440] c ommission recommendations were adopted in 1998. They were increased to $134,000 that year, $139,000 in 1999 and $144,000 in 2000, and then there have been increases since. Judges can currently earn $231,128 annually.

Supreme c ourt judges are set at $271,400 per year. n ow, there's always been a teasing sort of competi - tion between the Provincial and Supreme courts in this province. When i say teasing, it's reflected in the back - room chat of lawyers in the barristers' lounges, etc., that Supreme c ourt judges have it easier and Provincial c ourt judges do all the work, and it's even easier in the c ourt of a ppeal. l ike most things in life, there may be a tiny bit of truth in all of that, but it's not necessarily accurate or fair. The reality is that Provincial c ourt judges in the court- room are working very hard.

The numbers of cases they have to face now are substantial. The subject of the charter in criminal cases has made, i would say to some extent, the lives of Provincial c ourt judges extremely dif- ficult; 90 percent of the criminal cases in the province are dealt with in Provincial c ourt. o ften those cases involve significant charter arguments. c ases that many years ago might have been dealt with in a morning — an im - paired case — now can take a day or two or three, with numerous experts potentially giving evidence. c harter defences to all kinds of cases arise, and quite appropriately.

The c harter protects our rights and freedoms. That's why we call it the c harter of r ights

british c olumbia DebatesMonday, May 30, 2011 7545 and f reedoms. h owever, that means that judges are dealing with very difficult issues and, of course, face the inevitable appeals to the Supreme c ourt or the b.c . c ourt of a ppeal eventually, if things get really hot and heavy. o ne cannot question that they are doing their job and are working hard, but many british c olumbians are in the same position and in positions of importance. i am referring only to those who are in salaried positions. i'm not talking about the small business person facing a struggling economy.

The small business people in my community are probably no doubt feeling the effect of a 16 percent unemployment rate in n anaimo. i'm talk - ing about people who are in senior positions, whether that be in the public service generally, in the judiciary, on the boards of c rown corporations, including icbc , b.c. h ydro, etc. a t $231,000 per annum, that is, by everyone's stan - dard, a lot of money. a t a time when we are saying to the public service generally — or, more properly speaking, the government is saying to the public ser - vice generally — that this is not an appropriate time for an increase, one is stuck in a very difficult position to be able to turn and say to a group that is already amongst the highest income-earners in the province, notwithstanding the difficult job they have, that "it's okay; we're going to give you a substantial increase" — which in percentage terms looks large and in actual dollar terms looks extremely significant to the average british c olumbian. i know that some years ago in the former config - uration of my constituency, n anaimo's average family income was $49,000 per annum. it was the third-poorest constituency in the province of british c olumbia.

That is family income. That assumes the possibility that par - ents and one or two of the so-called standard family of four children are indeed working. Moreover, i am moved by what the a ttorney General had to say about what the cost of this would be. i have complained in this chamber on many occa - sions, and will continue to do so, about the significant lack of Provincial c ourt judges in this province.

We know we are down by at least 17 judges in the province, if you accept even the most minimalist figures. a t $1½ million per annum to fund a Provincial c ourt judge, approximately — including the court, the staff, sheriffs, all those necessary to support our justice system — the increase alone would more than cover the costs of four new appointments. That is a significant number. it is a number that you cannot ignore.

Moreover, i appreciate that the judges in a perfect world would receive the raise that has been recommended and should probably get it. but currently our courts in british c olumbia pay, for Provincial c ourt judges, the second-highest after the province of ontario. in the province of ontario it's set at $248,057. That's above the national average, of course, as we are here in british c olumbia, the na - tional average being $214,360.

The subject of compensation will always be difficult, but there is a time when, in the circumstances that we are, it is hard to suggest that these recommendations are appropriate. [1445] There is some suggestion that it would be appropriate to get Provincial c ourt judges, without it being men - tioned directly, up to approximately 90 percent of the level of Supreme c ourt judges. That would be a very sig- nificant figure. The other thing is that from a taxpayers' perspective, one has to ask the question…. The judges are defeat - ing themselves, in a sense, when i say this.

The concept of compensation is often related to the quality of talent you wish to attract. That is a presumption. The more you pay, the greater the quality of the people who will seek the position. The reality is…. Speaking as someone called to the bar in 1980 in this province, my observation, for what it's worth, is that the quality of the judiciary in this province at every level of the courts — but i think, most obviously and most particularly, at the Provincial c ourt level — has increased significantly.

Y ou do not get some of the radical decisions or the less-tempered individuals that i experienced in my younger years. They don't get appointed anymore. We have a fairly good system, in my view, of appointing judges to the Provincial c ourt. i don't have to talk about the other levels of court, but certainly provin - cially we have a fairly good system. it requires a broad consultation with respected members of the bar and other professionals in the community.

The fact is that we have a good talent pool. i do not see a lot of Provincial c ourt judges retiring to go back into private practice. i certainly am not aware of — and if there was, i'm sure the a ttorney General would have pointed it out to me already — any significant lack of ap- plications for the Provincial c ourt judiciary. i see the a ttorney General nodding sagely as i am saying this, which confirms what many of us believe. h aving been consulted from time to time myself or asked if i would be prepared to recommend or vouch for applicants, there are a significant number of very able lawyers in this province who are prepared to undertake the significant responsibilities of sitting on the Provincial c ourt bench. a t this time i think the government is essentially tak - ing the correct course. i know the a ttorney General may fall off his chair at those remarks, of course, but that is, i think, the fairest thing i can say.

That is not to say, how- ever, that the opposition is happy with the conduct of this government with respect to appointments to the bench in general, as i mentioned earlier.

british c olumbia Debates7546 Monday, May 30, 2011 The reality is that we are facing a significant prob - lem in the Provincial c ourt: a high demand for court time, an unusual number of cases — probably, by most estimates, in the range of 2,000 cases in the Provincial c ourt criminal division that may be tossed because of the a skov line of cases. Justice delayed is not just justice denied; it is justice dismissed. That is what will happen with these cases.

The concept that one has to wait months and months to have difficult family cases heard in Provincial c ourt is not a compliment to our system. it is not a situation that can continue.

The fact that so many people continue to have to appear and in increasing numbers appear in Provincial c ourt unaided by the benefit of having an ad- vocate, a lawyer, on their behalf is nothing other than a blemish on our system. h aving said that, many of the Provincial c ourt judges will no doubt argue that that is what makes their job dif- ficult, which is why they would merit the compensation increase they are seeking. it is because they are having to deal so often with unrepresented litigants in small claims or family court and unrepresented accused in Provincial c ourt criminal division. a ll of that makes the job difficult, but it is simply not the time. a lthough in the best of worlds we would be in a position to simply okay the commission's recommen - dations, that is not the case. i think it is most important, when you set up these kinds of commissions to make recommendations about salary, that wherever possible they be followed. in this case the process is very clear.

The government has had to respond and take a position on it. The op - position, very conscious of the importance of the work done by our Provincial c ourt bench, nevertheless has to reluctantly in these times and these circumstances agree with the motion brought forward by the a ttorney General, and the opposition will be supporting it accordingly. [1450] Deputy Speaker: h on. Members, the member for burnaby n orth seeks leave to make an introduction. l eave granted. Introductions by Members R.

Lee: Madam Speaker, joining us in the h ouse today — actually, right now in the gallery — are 56 members of the l ee's a ssociation of Vancouver, led by chair Maurice l ee. l ee is the most common c hinese surname and probably one of the most used in the world. The l ee's a ssociation of Vancouver was estab - lished 81 years ago to serve the community. Would the h ouse please join me to give our guests a very warm welcome. Debate Continued Deputy Speaker: Seeing no further speakers, the minister closes debate. Hon. B.

Penner: i appreciate the comments from the opposition a ttorney General critic. a t this point, i would move Motion 9. Motion approved. Motion 10 — Go VernMent reSPonS e to Ju Dicial Ju Stice S co MPen Sation co MMiSSion rePort reco MMenD ationS Hon. B. Penner: i move Motion 10 standing in my name on the orders of the day. [That pursuant to

section 6(2) of the Judicial Compensation Act the l egislative a ssembly reject six out of the ten recommenda - tions of the Report and Recommendations of the 2010 British Col- umbia Judicial Justices Compensation Commission as laid before this a ssembly on May 3, 2011, as unfair and unreasonable for the reasons outlined in Government Response to the Report of the 2010 Judicial Justices Compensation Commission filed in this h ouse today: 1. The recommended salary increase for full-time JJPs for a pril 1, 2013 to March 31, 2014 of 8% is rejected as unreasonable and unfair.

The salary increase for a pril 1, 2013 to March 31, 2014 is set at zero. 2. The recommendation amending the compensation formula for per diem JJPs is rejected. The compensation formula for per diem JJPs will remain unchanged. 3. The recommendation that the compensation formula for per diem JJPs should be applied equally to ad hoc JJPs is rejected. The compensation formula for ad hoc JJPs will remain unchanged. 4. The recommended increase in the professional development allowance from $1,000 to $1,500 effective a pril 1, 2011 is rejected. The allowance will remain at $1,000. 5.

The recommended extension of the professional development allowance to per diem and ad hoc JJPs is rejected as unfair and unreasonable. The allowance will continue to be available to full- time JJPs only. 6. The recommendation to enrol full-time JJPs in the flexible benefits program, effective a pril 1, 2011 is rejected but in substi- tution full-time JJPs will be enrolled in the flexible benefits pro- gram commencing april 1, 2013.

That the l egislative a ssembly accepts the remaining recommen- dations contained in the report.] Madam Speaker, much of the same reasoning applies to the government's response to the Judicial Justices c ompensation c ommission, as was just articulated in response to Motion 9, so many of those comments apply, particularly with respect to the fiscal environment faced by the government. if all the Judicial Justices c ommission recom - mendations are accepted, the three-year total cost to government would be about $448,000. a gain, government has a difficult balancing act to do. t he men and women who serve as judicial justices of the peace perform an invaluable role, but our response to compensation and benefit increases is shaped by

british c olumbia DebatesMonday, May 30, 2011 7547 the broader fiscal challenges that government is cur - rently facing. f urther details are laid out in the documents sup - porting Motion 10 that i filed last week. L.

Krog: in response to this motion, i can indicate quite clearly that the opposition is, likewise, supporting it. i would be remiss, though, if i didn't make some com- ment about some of the changes the government has made with respect to judicial justices of the peace. in a more complex world, it is now recognized, essen- tially, that you don't get to any position unless you have the formal training and qualification. a nd it struck me, of course, that someone like one of the most distinguished of british c olumbians, the late r oderick h aig-brown, would never be appointed a justice of peace as he was, because he lacked that formal legal training.

That aside, that is a decision that government has made in the last while, so we now are in a position where the individuals who are JPs, as they're commonly called, are in fact lawyers, legally trained, by and large, obviously; able to do their job; familiar with some of the complexities of the law — even at the less stress - ful level, if you will, of work that they are required to undertake, keeping in mind, of course, that their hours are not necessarily the hours that one would want to keep. it's not a nine-to-five job, as the a ttorney General well knows. n evertheless, my comments with respect to the judi - ciary and the Provincial c ourt judges apply here as well. it is difficult in circumstances where others are being asked to receive no increase or, indeed, face a lack of employment or dismissal. it is hard to argue that others who are in a position — notwithstanding how import - ant it is in the community — that many of us would like to be in…. it is hard to advocate for an increase for them at the present time.

That's not to say that that may not happen. We are not talking about a lot of money overall, according to the a ttorney General — less than a half-million dollars. e asy for me to say; not easy for the average person of the public to hear it. but it wouldn't even be a round - ing error in the Ministry of a ttorney General's overall budget, in fairness. n evertheless, the recommended increase of 8 per - cent is just too substantial to face.

That increase in real dollar terms is roughly, i gather, about $8,000, prop - erly speaking, i believe, if you're looking at a JP earning roughly $91,000 or a hundred thousand dollars a year. a gain, that's a significant amount of money for the average british c olumbian. n otwithstanding the valu - able and important work they do in our system, it is only appropriate, i think, that the government receive the support of the opposition, again, with respect to Motion 10. [1455] Deputy Speaker: h on. Members, the member for Surrey-n ewton seeks leave to make an introduction. l eave granted.

Introductions by Members H. Bains: in the vicinity we have 25 grade 10 stu - dents from e cole Gabrielle-r oy School, along with Ms. Samantha Marshall, and there are five parents along with them. Please help me welcome them to this beauti- ful h ouse. Debate Continued Deputy Speaker: Seeing no further speakers, the minister closes debate. Hon. B. Penner: i move Motion 10. Motion approved. Hon. I. Chong: n ow i'll call Motion 11. Motion 11 — Go VernMent chan GeS to harM oniZeD SaleS taX Hon. K.

Falcon: it's my pleasure to rise in the h ouse this afternoon in support of the motion i tabled late last week, a motion that through legislative intent confirms the intention of this government to move forward with a series of improvements to the hS t on a

schedule that i will talk about in a little more detail in a moment. [That the l egislative a ssembly authorizes and directs that the Minister of finance must act as follows: (

a) in relation to the Comprehensive Integrated Tax Coordination Agreement entered into between british c olumbia and c anada on n ovember 30, 2009, further amended on March 2, 2010, to authorize c anada to introduce a h armonized Sales t ax (h St ) in british c olumbia effective July 1, 2010, of which the provincial portion of that rate is 7%, the Minister of f inance must: (

i) immediately advise the Minister of finance for the Government of c anada that, in the case that the c hief e lectoral officer announces that the result of the h armonized Sales t ax referendum held under the Referendum Act commencing June 13, 2011 is that more than 50% of the validly cast ballots vote “ n o” on the question, then the desire of british c olumbia is to amend the provincial portion of the hS t rate in british c olumbia to the following: (a) 6% effective July 1, 2012; and (b) 5% effective July 1, 2014. (ii) seek to conclude arrangements with the Government of c anada that reflect the conditions and rates in

section (

a) of this motion as soon as possible. (

b) if the c hief e lectoral o fficer announces that the result of the h armonized Sales t ax referendum is that more than 50% of the validly cast ballots vote “ n o” on the question, the Minister of f inance must do the following: (

i) introduce by the end of the 2011 calendar year, or as soon as possible thereafter, measures in cooperation

british c olumbia Debates7548 Monday, May 30, 2011 with the Government of c anada, that will result in one- time transitional assistance payments being made to british c olumbians as follows: (a) $175.00 for each child under the age of 18 years; (b) $175.00 for each single senior person with an annual income up to $40,000.00, the benefit being gradually phased out at annual incomes over $40,000.00; and (c) $350.00 for each senior couple with an annual family income up to $40,000.00, the benefit being gradually phased out at annual incomes over $40,000.00. The Minister of finance shall use existing appropria- tions within budget 2011 to finance such transition payments in

section (b)(i)(a),(

b) and (c). (ii) Prepare and introduce to the l egislative a ssembly for approval, a bill to amend the Income Tax Act that would increase the provincial corporation income tax rate to 12%, from 10%, effective January 1, 2012. (iii) Delay the introduction of the planned change referred to in the 2011 budget speech to reduce the small business income tax rate from 2.5% to 0% on a pril 1, 2012.] This comes about as a result of the fact that next month british c olumbians will be voting on what may be the biggest public policy decision they have ever been directly involved in. of course, i'm talking about the harmonized sales tax, which i, along with many others, continue to believe is absolutely sound fiscal and tax policy and the right direction for our province, for our future and our children's future. a lot has changed over the last few months.

We have a new Premier in british c olumbia — one who recognizes that families are at the very core of our communities and, indeed, at the very core of our province.

We both agreed when we engaged in initial discus - sions about h St that we needed a new approach with the hS t , a new approach that starts with, first of all, lis - tening to the public, listening to families on how we can improve the hS t — again, a public policy that we be - lieve is a very sound tax policy for this province. a nd two, and perhaps just as importantly, is making sure that we get independent facts, real facts, out to the pub - lic so that the public can make an informed decision when they vote with respect to the hS t on the referen - dum that will be forthcoming. n ow, this started, of course, with the appointment of an independent panel — a panel that was chaired by Jim Dinning, a former treasurer of the a lberta govern- ment. it included such luminaries as t racy r edies, the ceo of c oast c apital, one of the largest credit unions in the country. i had included a former a uditor General of b.c., George Morfitt, who served a couple of terms as a very highly regarded a uditor General in b.c. it included a public policy professional from Simon f raser u niversity and former nDP Mla, as it happens, who also provided some very important advice into this.

The report was widely applauded, even by critics, as a result of its even-handedness. it was an unbiased, plain- spoken and clearly written account of the hS t . i called it sort of the good, the bad and the indifferent, with re - spect to the hS t . of course, while it commented on many of the positive aspects of the hS t — the international trend moving towards what are called value-added taxes or harmonized sales taxes and why countries around the world are doing that and why a majority of the provinces, representing 80 percent of the population, have done that here in c anada — it also talked about one of the key downsides, if you will, with respect to the hS t . a nd that was that the hS t was costing the average family, on average, about $350 more per year.

So one of the things that we agreed we would do moving forward, as i mentioned, is engage in, under the direction of the Premier, the largest public listening exercise that any government, i would argue, has ever engaged in, in the history of the province of british c olumbia. it included the usual sort of form of public engage - ment — countless meetings with stakeholder groups — and that's to be expected. a nd it included, of course, an on-line survey with over 5,000 british c olumbians taking part. but what is really unique about this listen - ing exercise is that for the first time in the history of our province, it engaged technology in a way it has never been used before. it engaged technology through the telephone town halls. [1500] i hear a little bit of piping up coming from the nDP opposition leader, apparently uncomfortable with the use of this new technology. but i can tell you as Minister of finance and Deputy Premier, it was remarkable — the result of utilization of that technology.

We, along with my colleagues the Mla for Peace r iver South and the Mla for Prince George–Mackenzie, listened to over 275,000 british c olumbians and an - swered their questions in a series of almost one dozen telephone town halls in every part of the province. but what was really interesting to me is that of all the house- holds we contacted, it was absolutely common that we would have anywhere from two-thirds to three-quarters of the individuals who picked up their phones staying on the telephone line for up to an average of 17 minutes to listen in and participate in an issue of major tax policy, being the hS t .

We heard two things coming out of that loud and clear. The first is getting information, factual information out to the public. a nd why was that important? because one of the things that the on-line surveys certainly showed us is that even today there is still an enormous amount of misinformation with respect to the hS t . i'll give you some examples from the on-line survey. Some 61 percent of those surveyed, for example, think that basic groceries have gone up under the hS t , when there has been absolutely no change to basic groceries. h alf think that gas prices have gone up due to the hS t ,

british c olumbia DebatesMonday, May 30, 2011 7549 when in fact we're spending about $270 million a year to ensure that the tax component of hS t had no impact on gasoline and on filling your car. f orty-eight percent of people thought electronics in - creased after the hS t . in fact, it's exactly the same as it was under the PS t and GS t , remembering, of course, that we had a 7 percent PSt and a 5 percent GS t .

Thirty- four percent of people thought that prescription drug prices had increased. n ot true. e xactly the same as it was under the PSt and GS t . a nd 36 percent of people thought that the resale of homes had increased, and one in four thought that new homes less than $525,000 had increased. n ot true on all counts. The resale of homes, whether family homes or condominiums, has absolutely no hS t associated with them. n ew homes, of course, have no change up to $525,000, and there is only an additional cost beyond the $525,000 threshold.

So that was very important to us. a s the Minister of finance, i can tell you that making sure the public has the facts before they make a decision like this is important to me. it's also important to me on the re - bate side, because there are 1.1 million lower-income british c olumbians that are receiving h St rebates, which are rebates from the province, who were not re - ceiving those rebates prior to the hS t back in the GS t plus PSt days. i use the example regularly of the single mom from k amloops earning $24,000 a year with three kids, and that single mom got absolutely zero in terms of rebates under the old PSt -GSt model. but under the hS t , she is entitled to a full $230 not just for herself but for every single one of her children under 18.

That is $920 more per year to help deal with the harmonization and the introduction of the hS t . i believe that single mom in k amloops or Prince George or the Downtown e astside, or wherever she may be, needs to know that when she's making a vote, she's making an informed vote to understand and know that we won't have to have people coming to us after the fact, after the vote, and saying to me: "Minister of f inance, why didn't you tell me that i would be losing those kinds of rebates as a result of voting to get rid of the hSt?" That is an obligation that i take very seriously, and i would have hoped that the opposition, which that often pretends they're on the side of lower-income folks, would also have stood up to make sure that information is being shared with those groups. u nfortunately, that is not happening. a s a government, the other thing we did is listen to what the public told us on those telephone town halls, and we responded. l ast week, on May 25, we committed to march the hS t rate down to 10 percent in two stages. [1505] W e did this in two stages because we wanted to make sure we could do it in a fiscally responsible way, in a way that allowed us to meet and continue to meet our balanced- budget targets.

That is something that's required by law, a law that we introduced and we're proud of, and something that maintains the confidence of the investment commun- ity and the rating agencies. We also wanted to mirror how the federal govern - ment marched their rate down on the GS t from 7 to 5 percent. They did it over three years, and we're mir - roring the same approach in our approach. So the first 1 percent cut would kick in on July 1 of next year, and that would drop the hS t to 11 percent in british c olumbia.

The second 1 percent would come off on July 1, 2014, for a full 2 percent reduction, or a flat 10 percent hS t in british c olumbia. t o bridge and transition families and modest- and low-income seniors to that first rate cut that will take place on July 1 of next year, we will provide transition cheques of $175 per child for all families in the province of british c olumbia. f or a typical family with two chil - dren, that's $350 that will be provided to transition and bridge them to that first rate cut on July 1 of next year. The same goes for low- and modest-income seniors.

Those that are earning under $40,000 a year will also re- ceive $175 transition cheques to again bridge them to that first rate cut on July 1 next year.

That's important because, as the independent panel noted, even with a 1 percent rate cut, the majority of families are now better off under an 11 percent hS t than they are under a 12 percent PS t plus GS t . e ven more important, under a fully implemented 10 percent hS t every family — regardless of income, from the low - est to the highest — comes out a net beneficiary, to the tune of about $120 a year to the good, as a result of a 10 percent hS t , not the 12 percent PS t plus GS t that the opposition and some others are pushing.

We are also, in response to what we heard from the public, rebalancing the equation — rebalancing the equation in recognition that the hS t is a significant benefit to the small business and large business com - munities.

We've certainly heard that loud and clear from the business sector — how supportive they are. but we wanted to make sure that we rebalanced the equation so that we could continue to meet our bal - anced-budget objectives and ensure that we retain the triple-a credit rating that we fought hard to rebuild after a decade of n DP government that saw it knocked down on multiple occasions and saw a decade in the 1990s where we had eight out of ten budgets running fiscal deficits. That is certainly not an era that we want to go back to.

We believe that the increase of the general corpor - ate tax rate from 10 to 12 percent, though certainly not something we would ever be generally happy with supporting, is a modest rebalancing that enjoys the support of the business community for the reasons that i've enumerated earlier — the fact that they on balance

british c olumbia Debates7550 Monday, May 30, 2011 receive a significant benefit as a result of harmonizing the hS t .

Perspective here, of course, is important, because when i first got elected in 2001 along with our gov - ernment and we formed government for the first time, we inherited a general corporate tax rate from the op - position nDP that was at 16½ percent. o ver the years we have marched that rate down to 10 percent, with our friends opposite voting against every one of those reductions, to the point where today we do have a 10 percent general corporate tax rate — one of the lowest in the country. importantly, the increase that we are putting through on July 1 of next year is timed to come into effect at the same time the federal government is reducing its share of the general corporate tax rate by 1½ percent, which means that the net change for b.c. businesses will be a half-percent increase — something that the business community has widely advised me is certainly manage - able from their point of view. but the small business tax rate is important too.

Y ou know, small business, as frankly both sides of the h ouse are fond of pointing out, is the engine of our economy. o ur small business approach in british c olumbia is that we want to see our small businesses become large businesses. a gain, when i got elected in 2001…. in fact, in the late '90s while the l eader of the o pposition was actually the chief of staff to the government, british c olumbia had an almost 9 percent small business tax rate. That rate to- day in british c olumbia is 2½ percent, the third-lowest in the country.

More importantly, we said that we want to make sure that the threshold for what d

Document details

Collection	British Columbia — Debates (Hansard)
Citation	H0530pm-05
Type	hansard
Volume / chapter	H0530pm 05
Language	en
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