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November 8, 2017

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVIII No. 31

The

House met at 10 a.m.

MR. SPEAKER (Trimper):

Order, please!

Admit

strangers.

Orders of the Day

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I'd like

to call from the Order Paper, Motion 1, and I'd like to move, seconded by the

Minister of Natural Resources, the following motion:

WHEREAS

in accordance with

section 39 of the House

of Assembly Accountability, Integrity and Administration Act , the

Commissioner for Legislative Standards has recommended to this hon. House that

the Member for Terra Nova be reprimanded for violating Principles 2 and 11 of

the Members' Code of Conduct;

THEREFORE

BE IT RESOLVED that this House of Assembly concurs with the findings

and recommendations of the Commissioner for Legislative Standards and asks that

the Member for Terra Nova stand in his place in this House and apologize to this

Assembly for his failure and violation as cited by the report of the

Commissioner for Legislative Standards.

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I am

standing here today to speak to a motion that we don't often see in this House,

but we have seen it in the past. In doing so, I've drawn some wisdom actually

from the words from a former Government House Leader, who, when I spoke on the

other side, actually brought in a similar type motion, and I thought he did a

very good job, after reading the remarks. I thought it was a very plain, human

attempt at explaining the job that we all do here in this House and the

expectations that we're held to.

In many

cases, I will be referencing some of the words that he said because I look at it

today and I think that, basically, it worked for that situation and it will work

for this situation that we're dealing with here today. I certainly won't be

long. I know Members on the other side will also get an opportunity to speak to

this resolution. Again, this is all in reference to a report that was filed by

the Commissioner for Legislative Standards, Mr. Chaulk, on May 30, 2017 as it

relates to the Member for Terra Nova.

I think

that if anybody has not had an opportunity to review that report, they certainly

can do so. My understanding is that it is available online. It is a public

document, so people can read basically the genesis, the start, middle and end of

this situation, which I guess today is actually the end of this situation.

I think

also that, in doing so, this is a matter that has been dealt with very openly,

very transparently. It was dealt with not just by Members of this House, but

yesterday we were in this House dealing with a resolution as it related to an

independent statutory office of this House. Well, the matter we're dealing with

today comes from an independent statutory office of the House, that being the

Commissioner for Legislative Standards.

Without

rehashing everything, I think the report does a good job of laying out in great

detail the situation that we're dealing with, which is the conduct of the Member

for Terra Nova – who, I would note, and it is stated actually in the report,

that the Member has been quite responsive and quite co-operative in dealing with

this matter; was open to any discussion. I would also note it states very

clearly in there that the Member has mitigated the situation by very openly

apologizing publicly on a couple of occasions now.

Basically, what we're here for today is to talk about the fact that this motion

is in the House and that there's a duty to this House from the Members of this

House. I guess one of the things I'd like to say is that we all know that it's

sort of a balance here that, as Members, we are all held to a very high

standard, to a code. The fact is we are all human. We are human; we're not

different than the people that we represent, that give us the luxury, the

benefit, responsibility and the privilege of serving in this House.

So while

knowing that we are the same as those we represent, that we are basically the

representative of those people, at the same time once you take office, once you

take this seat, it carries with it a responsibility that does place you in a

different position than those that you represent. And it's a responsibility that

we all take very seriously.

I would

also note that I think that burden, that responsibility, may even be greater in

the fact – again, I have nothing to back this up than just my own belief. Given

that we have a province that's quite small, 500,000, the fact is we're a very

close-knit province. So, in fact, the role is maybe more elevated than in other

jurisdictions where there are so many more people. Really, we are a small

province. When something hits one of us, it hits all of us.

People

are well known in this province on every level. It doesn't matter if it's just

politics, if it's the arts or if its sports, we are a small, close-knit

community – 500,000 – but the fact is that we all do feel like family. I say

that because when it comes to Members of this House, when we talk about that

standard, the fact is that there's a higher visibility for Members of this House

of Assembly.

The

issue that we're talking about, there is a Code of Conduct that guides our

actions as Members. It's quite clearly stated in the report filed by Mr. Chaulk

that the Member for Terra Nova has violated those principles. The motion that we

are dealing with here today says quite clearly: (

a) there is a violation of

Principles 2 and 11 and, therefore, the Member should be reprimanded.

What we

are moving today, we're moving a resolution that this House concur with the

findings of Mr. Chaulk, the Commissioner for Legislative Standards, and that the

Member stand in the House and apologize to the Assembly for the violation as

cited by the Commissioner.

What I

can state is that all Members of government will be supporting this motion.

Again, the Member has taken the opportunity, I think, very publicly and

apologized for the actions. I'm hoping today that he will also take the

opportunity to stand today and apologize to this House and apologize to the

individual in question.

I'm

going to quote, or maybe paraphrase the former Government House Leader who,

again, I had an opportunity to review the words. One of the things that he says

here is that we all recognize the standards that we live by. We all recognize

the fact that there is close scrutiny on our actions, on what we do. We all

realize that we can very clearly make mistakes, but in being human, that's

normal. We know we will make mistakes, but the big thing is to acknowledge those

and to apologize, to put yourself – basically, to restore that faith. Doing that

very publicly I think is the way to do that.

What I

would also note, if you read the report, the Commissioner clearly states this is

something that all Members should think about. This is something that could

happen to any single Member at any single time. Basically, the report is very

specific, but at the same time serves as a cautionary tale to us all, to take

greater heed in how we exercise our judgment, especially as it relates to

something that the House is quite familiar with.

When we

communications, it is very easy for context to be lost and for a message that we

thought we were conveying, to be lost in there. Either way, the main thing here,

even when it is a mistake, is to acknowledge our actions, to take that

responsibility.

Again,

going back to the former Government House Leader, who at the time, the same as I

do today, assumed the House would support the motion. He had hoped for three

things. First, the Member would stand in place, do as the motion asks, and

apologize and accept responsibility. I hoped for the same thing, Mr. Speaker.

Secondly, all of us in this House, aside from the Member for Terra Nova, but all

of us can look at the situation, to learn and to use this to guide us as we move

forward as elected representatives of the people of this province. And finally,

hopefully it serves as a recognition that even though we serve as politicians,

there is a greater expectation that we are all very human. I think sometimes we

need to get that message out that we are going to make mistakes. Certainly, I

can guarantee that I make them on a daily basis, but when you do, the job is to

recognize that and to apologize, to make amends for what you have done.

saying that, I think it is very important that we acknowledge the wrongdoing

that was done. I think that is being done. I think the apology will hopefully

speak to that.

I will

conclude my remarks at this time, and I will sit and listen to the Members for

the other side as we move forward in this resolution.

Thank

you, Mr. Speaker.

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you, Mr. Speaker, and

thanks for the comments from the Government House Leader. A little bit later in

my commentary, I will respond to a couple of the comments he made. I appreciate

him standing here today and bringing forward this motion.

Mr.

Speaker, as Members of the House of Assembly, we are governed by a Code of

Conduct. The Code of Conduct is a document that codifies and lays out principles

that ought to govern our actions as elected Members in this House of Assembly,

not only while we're in the House of Assembly, but at all times.

As the

Member opposite, the Government House Leader just mentioned, he used the words:

We are all human. We are all human, very human. None of us are perfect, but we

also have to abide by a standard that is acceptable to the people who we are

elected to serve. We can't simply allow being human to be an excuse to keep us

from respecting those standards of the offices we hold. In this particular case,

it is this process that holds us to this standard.

The

debate we're having today stems from an interaction between one of the Members

of our House, the Member for Terra Nova, and one of the Member's own

constituents. It didn't occur here in the House. I'm going to talk a little bit

about the House a little bit later as well, but it happened outside the House.

The Code of Conduct, as I mentioned, goes beyond the walls of the House of

Assembly, goes beyond the precinct of the House.

The

constituent here also happens to be an elected official – an elected official in

our province, the Mayor of St. Brendan's, Veronica Broomfield, a duly elected

mayor, elected to represent her own constituents, with a responsibility to her

own constituents, to people who elected her.

In a

letter to the three party leaders here in this House that was dated January 2,

2017, Mayor Broomfield alleged that she had been mistreated by her own MHA, the

Member for Terra Nova. In that letter she specifically stated, and I quote: I

can say with all confidence that I have never been treated with such disregard

and partisan intimidation. She alleged the Member for Terra Nova, rather than

stand with the mayor to advocate for certain public services for his own

constituents, instead reminded the mayor that she had not voted for him.

Mr.

Speaker, this was also addressed by the Commissioner, the office of Commissioner

for Legislative Standards, who independently reviewed this. The review was

initiated on January 12 when I, as leader of our party, as the Opposition

Leader, wrote the office of Commissioner for Legislative Standards and requested

he review the matter that had been brought forward by Mayor Broomfield as a

breach of the Code of Conduct by the Member, the same Code of Conduct that I

referred to earlier.

Mr.

Speaker, I did that because under current rules it is only a Member of the House

who can ask for that to happen. So we have a citizen of the province who's an

elected individual, officially elected to an official office in our province as

mayor, who had brought this to the attention of all three party leaders, asked

for assistance and direction and so on, and I felt it appropriate to send it on

because that's the process we have. A Member of the House has to make that

request to the Commissioner for Legislative Standards.

Mr.

Speaker, the issue at hand went beyond just simply saying that the mayor had not

voted for him, because he had also publicly denied and continued for some time

to deny that he had made the commentary. So it wasn't just a single lack of

judgement at a momentary moment in time, because that can happen. It can happen,

as the Government House Leader had said, where we are all human.

Sometimes here in the House under the heat of debate we say things that we

regret saying as soon as it rolls off our lips. Sometimes we do it when we are

standing in front of a camera or in front of a group of people or having a

conversation one on one. But in this case, the denial occurred following that

with some vigour.

The Code

of Conduct of Members of the House of Assembly states, and I quote: “Members of

this House of Assembly recognize that we are responsible to the people of

Newfoundland and Labrador and will responsibly execute our official duties in

order to promote the human, environmental and economic welfare of Newfoundland

and Labrador.”

The Code

states: “Members of this House of Assembly respect the law and the institution

of the Legislature and acknowledge our need to maintain the public trust placed

honesty and integrity.”

Principle 2 of the Code of Conduct, and there are 12 principles actually laid

out in the Code. Principle 2 states: “It is a fundamental objective of their

holding public office that Members serve their fellow citizens with integrity in

order to improve the economic and social conditions of the people of the

province.”

Principle 11 of the Code states: “Members should promote and support these

principles by leadership and example.”

Mr.

Speaker, in his report following his review of the matter, dated May 30, 2017,

regarding his investigation into the Member for Terra Nova, the Commissioner

concluded that the Member violated these two principles, Principle 2 and

Principle 11, of the Code of Conduct.

The

Commissioner's decision was based not just on the exchange with the mayor, but

also on the conversation between the Member for Terra Nova and VOCM

Backtalk radio host, Pete Soucy, on

December 13 , 2016 where they discussed

the text message from the Member to the mayor.

This is

what the Commissioner described as what he found. He said when one examines the

conduct – and he named the Member, referring to the Member for Terra Nova. When

one examines the conduct of the Member in its entirety, it is clear that he

missed an opportunity to clarify the message exchanged between Mr. Soucy on VOCM

Backtalk . Rather than taking the

opportunity to be direct, forthright and to the point, his actions left the

impression that the message had not been sent.

In his

report, he actually has a transcript of some of that exchange. Mr. Soucy asked

the MHA for Terra Nova: Did you ever remind the Mayor of St. Brendan's, Veronica

Broomfield, that she did not vote for you? And the Member responded: No, I mean,

the mayor and I have constant communication even when I was seeking election.

Mr.

Soucy said: She said point blank that she asked you something and you reminded

her that she did not vote for you. And the Member responded: No, I can tell you

that we've had a tenuous relationship right from day one; you know, I've been in

office a year.

A little

bit later, Mr. Soucy said: But I wanted to know, and you're saying it never

happened. She said, you know, she was told or reminded that she hadn't voted for

you in the last election, whatever that would imply. And the Member said: Yeah.

So it

went beyond just that exchange on a text message where the Member, no doubt,

erred, human error, but went on to defend it and deny it beyond that.

While

it's acknowledged that the Member acted appropriately in issuing an apology to

his constituents and clarifying the matter on January 4, the distinct impression

that remained following the VOCM interview was the text message had not been

sent. That's the commentary from the Commissioner.

The

question was asked directly to the MHA, and he could have responded in the

affirmative and explained the entire context of the text conversation as he did

during submissions to the Commissioner. What the Commissioner is pointing out is

that when he came into the Commissioner, he said: Well, here's my explanation of

what happened. He had that opportunity to do that on public radio with Mr.

Soucy, but didn't do so. However, by choosing to respond in the manner in which

he did, he did cause unnecessary confusion and uncertainty, in another quote

from the Commissioner.

The

Commissioner referred to Principle 2. He said, “Principle 2 of the Code of

Conduct states that it is a fundamental objective of their holding public office

that Members serve their fellow citizens with integrity in order to improve the

economic and social conditions of the people of the province. Acting with

integrity requires individuals to be forthright, candid and honest in carrying

out their role as a member of the House of Assembly with honour and dignity.”

He went

on to say, and referred to the MHA: acted honourably in issuing an apology to

his constituents on January 4, 2017 – an apology on January 4, which actually

was an apology issued to his constituents; “… this was only necessary as a

result of the manner in which he had previously acted in sending the text

message and then failing to be absolutely candid and direct when the issue arose

during the radio broadcast.”

The

Commissioner also referenced in his conclusion, he said, and I quote: “It is my

conclusion that the evidence establishes on a balance of probabilities that”–

and he names the MHA – “failed to act with integrity during the VOCM radio

interview by failing to clarify any misunderstanding regarding his sending of

the text message despite having the opportunity to do so throughout the

interview.”

My point

for bringing that up again, Mr. Speaker, is there were two issues here: one was

the commentary to the mayor that she hadn't voted for him; secondly, denying

that he had made those comments when he had the opportunity to clarify it on

public radio.

The

Commissioner continued on regarding Principle 11. He says, and again I quote:

“Principle 11 of the Code of Conduct states that ' Members should promote

and support these principles by leadership and example.' Having found that …” –

he names the MHA – “violated Principle 2, in my opinion …” – he names the MHA

again – “also violated Principle 11, by failing to lead by example. In failing

to appropriately address the text message exchange during the radio interview …”

– the MHA – “was acting less than forthright and candid and caused his integrity

to be called into question. In doing so he failed to support the principles in

the Code of Conduct by leadership and example.”

The Commissioner in the end made the following

recommendations. “In the particular circumstances of this case it is my

recommendation that the member be reprimanded pursuant to s. 39(1)(

a) of the

House of Assembly Accountability, Integrity and Administration Act for violating

Principles 2 and 11 of the Code of Conduct. In addition, while it is recognized

that my jurisdiction to make recommendations is limited to the penalties

enumerated in s.39, some consideration should be given by MHA …” – and he names

him – “to making a formal apology to the Mayor of St. Brendan's in the

legislature.” I believe the reason why that's there is because that has not been

done, Mr. Speaker.

Mr.

Speaker, with respect to the Commissioner's decision, we respect the

Commissioner's decision and his recommended course of action, but just a couple

of closing comments, if I may, because the reality is the actions of any Member

in this House of Assembly reflects on us all. That's the reality.

People

quite often do not draw partisan lines between who said what to whom and when

and how, but how every one of us acts in this House, in this Legislature, or how

we act in our own constituencies, or how we act throughout our province,

anywhere in our province, be it in or outside of our own constituencies or for

anywhere, reflects on each and every one of us, if it be in a formal setting, a

social setting or otherwise. We should always be considerate of that.

Mr.

Speaker, I fully agree that sometimes here in this House, and Question Period is

an example of it, speaker after speaker, and yourself included, Mr. Speaker,

have commented many, many times on decorum and conduct here in this House. We

know during Question Period it's very easy to get carried away when people start

finger pointing, you did this and you did that. It does happen on both sides of

the House, and it's not new to just this General Assembly. It has happened

before.

We have

to be cognizant as well of how cynical people quite often are. Looking at us in

a cynical way means quite often, and it's described and defined as, well,

they're only looking after themselves. They're only looking out for their own

self-interest. I think in this case, that's what happened. After the exchange

occurred, the MHA was looking after himself by saying no, it didn't happen;

until the text messages were produced.

Just

this week, Mr. Speaker, in this House we've had in two days of sitting – and we

know when the sitting starts, generally speaking, they're more cordial and

co-operative and so on. As time goes on and we sit here, sitting across the

aisle from each other, things get a little more stressed and testy and so on,

and that's the nature of the House of Assembly. That's the nature of where we

are, but in our first and second day of sitting in our fall session here, we've

had three different occurrences where comments were questioned by Members of the

House, or conduct had been questioned by Members of the House of other Members.

Three times in just two days commentary was being addressed or asked to be

addressed. Again, my belief is that reflects upon us all.

Mr.

Speaker, while the Commissioner is limited in his abilities, Members brought

forward the recommendation consistent with what the Commissioner has decided. As

I said, we respect the Commissioner's decision and his recommendation and course

of action, but I believe it's worthy for us all to consider the impact on all of

us over this matter.

Mr.

Speaker, this is a year later since this incident actually occurred. In a full

year, I've not heard the Member for Terra Nova issue an apology publicly or

directly to the mayor of Saint Brendan's, even though the report has been issued

since May and there have been lots of opportunity.

We saw

here the Members of the House in the last couple of days – we saw an incident

yesterday where a Member rose and very quickly realized the error and thanked

for it to be pointed out. I know very sincerely, stood very quickly and

apologized. Thanked for it to be pointed out, withdrew it and apologized very

sincerely.

I think

it speaks to how we should consider conducting ourselves. I appreciate what the

Member did yesterday when that occurred. That was it. It was over and moved on,

but here we are with this circumstance a year later.

Mr.

Speaker, I just make those closing comments because we're going to be sitting

here for the next several weeks. No doubt, the temperature is going to continue

to increase and you'll have to remind Members again and deal with those types of

activities, but I hope they're kept to a minimum by all Members, including

myself. I'm guilty of it as well as anybody of sometimes getting caught in the

heat of debate and so on.

On this

very matter that is here before us today, we're here because of a recommendation

by the Commissioner for Legislative Standards who has reviewed matters from

about a year ago now that took place between a Member of the House of Assembly

and a constituent. The Commissioner has made recommendations and we respect the

Commissioner's recommendations and the course of action recommended by him.

Thank

you, Mr. Speaker.

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. MICHAEL:

Thank very much, Mr. Speaker.

I don't

know if I should say I'm pleased to stand and speak today, but I'm glad to have

the opportunity to stand and speak to a serious motion that was put here on the

floor today. That motion, of course – and I'll just repeat it again – has to do

with a recommendation from the Commissioner for Legislative Standards regarding

the conduct of the Member for Terra Nova.

The

finding of the Commissioner is that two principles of the Code of Conduct of the

Members of the House of Assembly have been violated. Both the Government House

Leader and the Leader of the Official Opposition have gone through, in detail,

about that; I'm not going to, once again, go through the whole series of events

that occurred.

The main

part of the report that has come from the Commissioner is the whole series of

things that happened, both things that happened in the public media that we are

led up to where we are today are all spelled out very clearly in the

Commissioner's report. Anybody who has been listening to the last 10-15 minutes

has heard that gone through.

I think

it is really important that we have a process in our system that allows for an

external review of our behaviour as a Member of the House of Assembly. So that

what we're being asked to do here today is not to decide whether or not there

was a violation – and I think that would be something that would be a difficult

thing for Members of the House to do because we all would be in some kind of a

conflict of interest. What we're being asked to do today is to accept a

recommendation from the Commissioner for Legislative Standards.

I think

those of us who have been here in the House for as long as I have – there is

only one other who has been here longer than me. Whether you're new or if you've

been around for a long time, I think we all know that the position for the

Commissioner for Legislative Standards is a very serious one, and in my

experience we have always had people in that position who are ethical, objective

and who make ruling that are based on fact.

So what

we are being asked to do here today is to accept the recommendation from the

Commissioner. The recommendation is that the Member for Terra Nova stand in his

place in this House and apologize to this Assembly for his failure and violation

as cited by the report of the Commissioner for Legislative Standards. I would

say I think that is the least that should happen.

Why

his Facebook, the Member for Terra Nova publicly apologized. I would like to

think that he did more than that on a personal level with Mayor Broomfield. Who

knows?

But why

here in this House? Because what we do, what I do, both in this House and

outside this House, affects every other Member. It affects the perception of who

we are as Members of the House of Assembly. It affects the perception of us as

politicians. So yes, everybody in this House is owed an apology when one of us

brings shame on all of us, because that's what happens.

I'm sure

I'm not the only one who has had insults thrown at them because they are a

politician. I have had that happen, and it's not very pleasant. I may have used

it as an example once before when we had a ruling like this in the House. I have

a feeling I did, but I'm going to do it again.

Standing

in line in the supermarket one evening, a very tall man in front of me, all of a

sudden he starts looking around and sniffing, sniffing, sniffing and looked down

at me and said oh, I thought I smelled a politician. Now, we can laugh at that,

but if that's the perception that people out there have of us as politicians,

how are they going to take seriously what we do here in this House? I think

that's what we have to be looking at as politicians; that's what we have to be

looking at as Members.

We call

it an hon. House. Well, then we have to look at what it means to be honourable.

Yes, I think it is absolutely right that the Commissioner for Legislative

Standards has said that the Member for Terra Nova has to apologize to this

House. I hope that we all, especially the Member himself, will recognize how

important that is.

It's not

pleasant what we've been through, but we did not have to make the judgment. I'm

so happy that it was the Commissioner that has made the ruling. It's the

Commissioner that went through all of the details, all of the information that

he has outlined in his report. It is the Commissioner who has determined, and

very fairly, that two of the codes have been violated, but two others have not

been violated.

I think

that's an important point to point out. I think it also speaks to how well the

Commissioner looked at the issues and how objectively he made his decision. He

says: “However, it is recognized that MHA Holloway issued an apology on his

Facebook page on January 4, 2017 in an effort to clarify the matter and to

reassure the residents of St. Brendan's that they will get the representation

they require and deserve…. In my opinion, such conduct is a mitigating factor

against the recommendation of a severe or harsh penalty in the circumstances of

this case.”

He goes

on: “I am not prepared to make a finding that MHA Holloway violated Principles 3

or 4 of the Code of Conduct. There is absolutely no evidence of political

corruption or illegality.”

So 2 and

11, yes, because there is absolutely no doubt in the Commissioner's mind, and

certainly no doubt in my mind, that the Member did go against the principles of

good conduct that we recognize here in this House.

I just

ask of the Member that when he stands to apologize – because I would imagine he

is going to do that – that he do it with the recognition of what he has done,

not just to his own reputation with his constituents in his district, but what

he has done for all of us by his behaviour because it does affect each and every

one of us.

So, yes,

I will be going along with the Commissioner's recommendation and I look forward

to a resolution.

Thank

you very much, Mr. Speaker.

MR. SPEAKER:

Is the House ready for the

question?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

MR. SPEAKER:

All those against, 'nay.'

The

motion is carried.

The hon.

the Member for Terra Nova.

MR. HOLLOWAY:

Thank you, Mr. Speaker.

certainly acknowledge the findings of the report of the Commissioner for

Legislative Standards and I do stand in my place in this House and apologize to

every Member of this House, and also to Mayor Broomfield. It was an error in

judgement and it shall never happen again.

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Mr. Speaker, I call from the

Order Paper, Order 7, second reading of Bill 20.

MR. SPEAKER:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Mr. Speaker, I move, seconded

by the MHA for Stephenville – Port au Port, that Bill 20,

An Act To Amend The

Vital Statistics Act, 2009, be now read a second time.

MR. SPEAKER:

It is moved and seconded that

Bill 20 be now read a second time.

Motion,

second reading of a bill, “An Act To Amend The Vital Statistics Act, 2009.”

(Bill 20)

MR. SPEAKER:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

I am pleased to stand today

to speak to the amendment to Bill 20,

An Act to Amend the Vital Statistics Act,

Mr.

Speaker, before I speak to the amendment specifically, I would like to highlight

the importance of bringing issues like this to the forefront. It provides an

opportunity for many of us to learn about the struggles that the LGBTQ community

continues to face on a daily basis and challenges each of us to think of ways we

can contribute to the full acceptance of all persons in our society.

Here in

Newfoundland and Labrador, throughout Canada and around the world, the LGBTQ

community continues to face discrimination in many forms. This discrimination is

directed at members of the community for many reasons, one of which is gender

diversity.

Through

these experiences of discrimination and violence, this global community has come

to know adversity. While this adversity can sometimes feel overwhelming, the

community has also gained remarkable strength and courage. Despite the unkind

and sometimes violent experiences individuals are often subject to, the LGBTQ

community's main message continues to be those of love and acceptance.

If we

are to move forward as a society, it is important that we all recognize that

tolerance alone is not enough. Everyone in our society deserves full acceptance

regardless of sexual orientation, gender diversity, race, colour or religion. No

one should ever have to worry about being judged or harassed because they

identify somewhere on the gender spectrum other than exclusively male or female.

Mr.

Speaker, our government believes in equality for everyone and we respect the

diversity of all individuals. It is important that we remain progressive and

continue to empower people with diverse sexual orientations, gender identities

and gender expressions. That is why in September of this year we adopted the

policy to allow for a change of sex designation on a birth certificate from

female or male to non-binary.

While

the change in policy permitted individuals to choose an X on their birth

certificate, the requirement to submit a statement from a medical professional

prior to a change in sex designation for those 16 years of age and older

remained in place. I committed at that time to introduce legislation during this

sitting of the House of Assembly to amend the

Vital Statistics Act to have this requirement removed. Our

government has honoured this commitment and today we have the opportunity to

debate this amendment to the act.

Children

aged 12 to 15 will still require a parent to apply on their behalf and consent

of the child is also required, along with a letter from a health professional.

For children under 12, a parent can apply, along with a notarized application

and two notes from health professionals. The amendment only applies to those

aged 16 and older.

Mr.

Speaker, it is important to highlight the fact that information pertaining to

the sex of individuals will continue to be collected at birth. This will allow

us to maintain vital data that is valuable for a population. Statistics Canada

collects demographic information annually from provincial and territorial vital

statistic agencies on all live births in Canada. This is collected through the

birth registration process.

Birth

information from the agencies is stored in the Canadian Vital Statistics birth

database and includes such information as the date, the place of birth, the

child's sex, the birth weight, the gestational age, the parent's ages, the

marital status and the birth place, and whether the birth is a single or

multiple birth.

There

are important differences between the biology and the health of the male and

female sex. As a result, sex – a biological characteristic – is a key variable

that is used by Statistics Canada for a variety of purposes. For example, when

producing statistical information, Statistics Canada routinely breaks down

statistics based on sex. Gender, however, is not recorded in the birth database.

If a

provincial or territorial Vital Statistics agency stopped the process of

collecting infant sex data, it would prevent Statistics Canada from producing a

range of key statistics and indicators based on sex, which are needed to inform

public policies and programs and evidence-based decision making. The information

gathered by Statistics Canada is used to generate population estimates and

projections, confirm census data, and monitor any health inequalities which

exist between the sexes and confirm data obtained from other sources.

We can

clearly see how important this information is for decisions such as those around

medication or treatments that may differ for each sex, how we are doing in terms

of gender equity across the country, as well as informing government policies

and programs.

Mr.

Speaker, I would be remiss if I didn't speak to the tremendous effort of

activist of Gemma Hickey.

SOME HON. MEMBERS:

Hear, hear!

MS. GAMBIN-WALSH:

Gemma brought this issue

forward. Gemma filed an application in Supreme Court in June 2017 which

challenged the Vital Statistics Act

under the Canadian Human Rights Act

and the Canadian Charter of Rights and

Freedoms.

As I

said earlier, it is very important that we remain progressive as a government

and continue to recognize individuals with diverse sexual orientations, gender

identities and expressions. We are happy to address this matter through a change

in policy. Today, we are further addressing the matter with this amendment by

removing the requirement for a note from a medical professional for those 16

years of age and older.

Mr.

Speaker, when this amendment to the legislation is made, the process for issuing

gender-neutral birth certificates for those 16 and over will still require the

applicant to fill out an application, have it notarized by a Notary Public and

pay the $35 fee, or $30 if you do it online. However, as I stated earlier, the

requirement for a note from a medical professional will be removed.

October, Mr. Speaker, we also introduced new, more secure driver's licences for

our province. Individuals who qualify for a gender-neutral birth certificate in

our province can also avail of a gender-neutral driver's licence, one of the

many improvements under our new driver's licence being rolled out this fall.

Mr.

Speaker, as you can see, bringing this amendment forward is part of our

government's continuing efforts to embrace and celebrate the diversity of all

people in Newfoundland and Labrador. Newfoundland and Labrador will now join

others to allow for the option of a gender-neutral birth certificate. Alberta,

Yukon and Northwest Territories recently passed legislation to provide

non-binary birth certificates. The Yukon does not require a supporting letter

from a designated professional. This is a positive and progressive step forward,

and we expect the other provinces and territories will move in this direction in

the near future.

As I

have stated previously in this hon. House, it is important that we constantly

review and amend all legislation to ensure it is meeting the needs of the people

of our province. I am pleased that we are here today to debate this amendment to

the Vital Statistics Act .

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Cape

St. Francis.

MR. K. PARSONS:

Thank you very much, Mr.

Speaker.

It's

indeed a privilege to stand here today as a representative from the Opposition

Party, and I have to congratulate the minister and I will congratulate

government, because this is a proud day for all legislators in this House of

Assembly.

SOME HON. MEMBERS:

Hear, hear!

MR. K. PARSONS:

It's people like Gemma Hickey

that we need in our society. It's people that will speak for others and go the

extra mile to make sure we're all treated fairly and equally. I'm sure that

everybody in this House of Assembly will applaud Gemma's great advocacy for

people with gender equality.

Mr.

Speaker, I'm not going to reiterate most of the stuff the minister said and the

procedure that was done. Gemma took this to the Supreme Court under the Charter

of Rights and the Canadian human rights and fought it vigorously. The government

listened, and I applaud the government for doing that.

September 17, Service NL issued a release saying the provincial government would

bring in legislation this fall, and they have, to change sexual designation on

birth certificates from female or male to non-binary. That's so important. We

all agree in this House that it's important.

Again,

the Vital Statistics Act that

we're at here today, I'm sure everybody in this House of Assembly will agree

with what's being done here today. It's a great move. Just looking at the

legislation itself, Bill 20, the Vital

Statistics Act , will remove – and what it does is removes the medical

professionals prior to a change of designation for persons 16 years and over.

Children at the age from 12 to 15 will still require

parents to apply on their behalf and the consent of the child also; but,

according to the department, information pertaining to sex of individuals will

continue to be collected at birth and under the act.

Just to say that the Official Opposition supports this 100

per cent. Again, we want to thank Gemma Hickey for advocating.

Thank you very much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER: The

hon. the Member for Labrador West.

MR. LETTO: Thank

you, Mr. Speaker.

Mr. Speaker, equality and respect for the diversity of all

individuals are important values for the Government of Newfoundland and

Labrador. That is why it is an honour to stand here in the House of Assembly

today to speak to such an important piece of legislation.

I guess what I'm about to say has probably been said by the

minister and the Member for Cape St. Francis, but I just want to add my voice to

this very important piece of legislation because this is groundbreaking. We're

leading the country in being proactive and being forward looking in what society

is today and what it needs to be today.

Mr. Speaker, the amendments for the

Vital Statistics Act, 2009 , allow for a change of sex designation on

a birth certificate from

female or male to non-binary for those 16 years of age or older without a note

from a medical professional. In terms of children 12 to 15, the changes to the

act will still require a parent to apply on their behalf and consent of the

child is also required.

Mr.

Speaker, I, too, join the minister and the Member for Cape St. Francis in

thanking activist Gemma Hickey for the work they have done to move this piece of

legislation forward.

SOME HON. MEMBERS:

Hear, hear!

MR. LETTO:

I'm so proud, Mr. Speaker, I

will speak from a personal note. One of the people who helped Gemma on their way

to this is a relative of mine. I won't name names, but she knows who she is and

Gemma knows who she is. I'm very proud here today to stand and to know that

people are starting to see the real world, what society is today and, like I

said, what it needs to be. To be with Gemma on their journey certainly makes me

proud as a relative of that family member.

Our

government recently introduced a new, more secure driver's licence for residents

of our province. Individuals who qualify for a gender-neutral birth certificate

may also avail of a gender-neutral driver's licence. As the previous members

have said, in September 2017, the change in policy permitted individuals to

choose an X on their birth certificate; however, the requirement to submit a

statement from a medical professional prior to a change in sex designation for

those 16 years of age and older remain in place.

Information pertaining to the sex of an individual will continue to be collected

at birth after amendments to the act have been made, in an effort to maintain

data that is valuable for our population.

Personal

health service decisions and gender-aggregated data is important for informing

government policy and programs such as that related to medications or treatments

that differ for each sex. When appearances don't match images displayed on an

identification card, people do endure insults and psychological trauma that

could be easily averted if provided with an option that does not contradict who

they are. You hear stories of people being harassed and even insulted after

presenting IDs that do not meet the gender identified on that ID.

What

this amendment does, Mr. Speaker, is remove some of the democratic red tape

involved in this process allowing individuals to simply identify in the way they

want to be identified. This is another positive step that we, as a government,

are taking to ensure inclusion for everyone. Today, Mr. Speaker, being an

inclusive society is something we should all thrive and aspire to accomplish.

SOME HON. MEMBERS:

Hear, hear!

MR. LETTO:

I am very proud to see our

government showing leadership and I'm very proud of the minister for putting

this forward, and certainly I know she does it with all sincerity. We, as a

government – and I'm glad to see the Opposition as well – are 100 per cent

behind her in this initiative.

SOME HON. MEMBERS:

Hear, hear!

MR. LETTO:

Identity is a very personal

thing for individuals and it is important that they choose for themselves how

they want to be identified. Not by somebody else, but by themselves. And I

think, Mr. Speaker, this legislation that we are putting forward today achieves

that goal.

The

minister alluded to some of it, and I'll just be a couple of more minutes, but I

just want to say that of all the provinces and territories which had a

requirement for sex reassignment surgery and replaced it with a requirement for

a supporting letter from a designated professional, Newfoundland and Labrador

will be the first province in this country to eliminate the requirement for a

supporting letter.

SOME HON. MEMBERS:

Hear, hear!

MR. LETTO:

And I am very proud of that,

Mr. Speaker.

Now,

three jurisdictions have recently passed legislation, and the minister alluded

to that. Alberta passed Bill 29 in December 2016 to provide for non-binary birth

certificates and maintained the requirement for a supporting letter from a

health professional.

The

Yukon passed Bill 5 in June 2017, which is not yet proclaimed, to provide for

gender-neutral birth certificates. The Yukon does not have a requirement for a

supporting letter from a designated professional, but that has not yet been

proclaimed.

The

Northwest Territories passed Bill 5 in November 2016, which is not yet

proclaimed, to provide for gender-neutral birth certificates and requirements

for a supporting letter from a designated professional as outlined in the

legislation.

So, Mr.

Speaker, again we are a forward-looking government. We realize what is required

in today's society and we are very proud as a government to be leading the way

in such an important piece of legislation that gives people in our society who

wish to do so to identify for themselves how they want to be identified.

Again,

Mr. Speaker, I thank the minister, I thank the Opposition for their support and

I certainly thank Gemma Hickey and all the people who have worked with them to

make this possible. It is dedication and, I guess, compassion for people like

that which make things like this happen and that we become certainly a much more

inclusive society.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MS. ROGERS:

Thank you very much, Mr.

Speaker.

I'm very

happy to stand and speak to this bill today. It's a time that we can all be very

proud. As you know, within the LGBTQ community and the two-spirited community,

we use the word “pride” as a way to designate the incredible work that we have

all done together. I would also like to extend that to our House here today that

we can all be proud of this legislation that is being presented before us.

There

was a time when women were not considered persons. That didn't change just

because legislators decided that should change; that changed because of the hard

work of women all across the country who pushed, who lobbied, who advocated, who

made speeches and who had rallies. It was hard work.

Then,

within our own lifetime – those of us here in the House of Assembly, most of us

within our own lifetime – there was a time when women were not protected in our

Charter of Rights and Freedoms. We had to work so hard to get clause 29 included

in our Charter that would protect women.

Human

rights do not come easily. They are not given to us; they are hard won. Our

human rights legislation is a living entity. Our

Human Rights Act must be a living document that reflects the

progress that we make as a society together. It is our responsibility here in

this House to ensure that all legislation aligns with our

Human Rights Act .

We often

do not initiate this work. This work is often initiated by activists, by people

who have a vested interest, by people who often make supreme personal sacrifice

to move our legislative agenda forward. People who have bared their souls

publicly, people who have bared their lives publicly, people who have put

themselves up for ridicule, people who have lost jobs, people who have lost

family members because of their commitment to justice and equality for all.

It is on

this basis that legislation like this is presented to the House. I think that

today we can celebrate the years of activism of those who were courageous to say

this must change. What we do here today is not only important for those who step

forward – and I would also like to commend Gemma Hickey for being passionate,

compassionate, dogged in their determination to push us to do the right thing in

this House because that's what it takes –

SOME HON. MEMBERS:

Hear, hear!

MS. ROGERS:

It is so often not us as

legislators who are the leaders in making these kinds of changes. It is the

activists who push us to do this. Then it's even more sweet when we can actually

work together to make our legislation the best that it possibly can be for every

person in Newfoundland and Labrador, where no one is left behind.

It is a

good day here in our Legislature. There are a number of victories that have led

us to this moment. Our Human Rights Act

did not have protection for the LGBTQ community, and human rights activists put

themselves on the line. Teachers who, at the time, because of the way our

legislation was and particularly with our educational legislation, teachers who

could be fired because they were gay or lesbian put themselves on the line to

push to have our Human Rights Act

changed to include protection for lesbian and gay individuals, for lesbians and

gays.

didn't come easy. It took us years to get to that point. Then there was an issue

of same-sex marriage, and I'm very proud of how quickly our province responded

to that issue. Gemma Hickey was very much involved and very much a leader in

pushing for equality in marriage here in our province. I became a marriage

commissioner and this summer – and I remember it – after becoming a marriage

commissioner, as soon as the law changed, the first couple that I married were

two men: Wally, who had been waiting – he was in his 60s – for over 30 years to

marry his partner. I remember how special that wedding was.

I never

got married. I always said I wasn't the marrying kind; I was just the kind

'marrier.' But this summer, after a very brief courtship of 25 years, I married

my partner, Peg Norman, in a huge community celebration.

SOME HON. MEMBERS:

Hear, hear!

MS. ROGERS:

It is just, it is fairness

and it is equality.

I can

remember how hard – for years and years and years – for over 30 years we fought

and we worked for marriage equality. There was a threat that this would

dismantle the tradition of marriage. I am sure that the many gays and lesbians

who got married didn't cause the foundation of marriage to crumble. As a matter

of fact, we simply have more people married. Perhaps that's a good thing.

There

was a time when our Human Rights Act

did not include protection for gender identity and gender expression as it

related particularly for trans folks who are still the target of ridicule, still

the target of violence. We worked hard. Activists all over the province and all

over the country worked hard to include gender identity and gender expression in

our human rights legislation.

That,

too, is a good thing and we can be proud of that. We were one of the provinces

who were leaders in that area. I'm very proud of the work that we did here.

It was a

private Member's motion that I introduced. Is that important? I believe it is

because I am the first out politician elected to our House of Assembly.

SOME HON. MEMBERS:

Hear, hear!

MS. ROGERS:

Perhaps not the only member

from the LGBTQ community, but the first out. I spoke, often publicly, about the

fact that I am a proud and happy lesbian who has been an activist for LGBTQ and

two-spirited folks.

Why is

that important? It is important for our youth. It is important for those who

have experienced ridicule, who have been rejected by their families, who have

been rejected by their churches that preach love and acceptance, who are still

rejected by their churches. It is important for those of us who are from that

community to be able to stand up, to identify ourselves and to strongly advocate

for the rights of all LGBTQ and two-spirited people. How important it is for our

allies to also do that because there is still work to be done.

Then, Ky

Rees, a young trans woman, took us to court as well for the right to change her

birth certificate. She had to go through the court procedure and that's tough.

She put herself out there publicly and on the line. Many trans folks go through

the transitioning period and want to live simply as who they are and continue on

in their private life, but Ky put herself forward publicly.

Thankfully, we changed that before it had to go to court. That's a good thing,

but we sure had to be pushed. Then, to have the bill that is before us today,

again because of the many non-binary folks who are saying: This is how I

identify myself. They have pushed us and Gemma has pushed us to this point and

it is a good thing.

The

wonderful thing about this is, because of all the victories that have come

before, the animosity is no longer there. Governments and political parties are

more willing and more open to work with activists to do the right thing.

There is

still more work to be done. There is a lot of work to be done in our educational

system because there is very little about the accomplishments of folks from the

LGBTQ and two-spirited community in any of our history books, in any of our

literature. There may be contributors who are from that community, but they're

not identified.

It's so

important. It's so incredibly important. There's still bullying going on in our

schools, but we can take pride in the work that is being done in our schools to

do a safe and caring school policy. I've had the privilege of speaking at a

number of gay-straight alliances in schools all over the province. How important

that is for our young people.

There

was a time when gays and lesbians were lobotomized. That's how society dealt

with gays and lesbians. There are still countries where gays and lesbians can be

executed or imprisoned, so we still have a lot of work to do to instill a spirit

of pride in our young people.

This

kind of legislation is so very important. Again, these protections do not come

easily. Laws don't necessarily change hearts, but at least what they do is they

give protection. That's what we are doing here.

There

are many, many victories for the LGBTQ and two-spirited community, but those

victories are also for all people of Newfoundland and Labrador. We all benefit

to have a more inclusive community, to have legislation that is inclusive to all

people in the province. It's a victory for all people in the province.

I, of

course, and my colleague from St. John's East – Quidi Vidi will be voting in

support of this legislation. We want to acknowledge, again, the hard work by

activists throughout the ages, many who have put themselves on the line and many

who have sacrificed in order to bring us to this point.

I am

very happy, also, about some of the particular amendments, policies and

regulations that will follow through on this. Gemma Hickey said so very clearly

around choosing the designation on their birth certificate: I am 40 years old

and I don't need a doctor to tell me who I am. I am sure that every person here

in this House of Assembly can understand what that means.

I would

also like to point out it was announced yesterday that Danica Roem, a trans

woman, just won an election and is elected to the Virginia legislature, and

Virginia not necessarily known as very progressive.

SOME HON. MEMBERS:

Hear, hear!

MS. ROGERS:

New Zealand very proudly had

the first trans politician elected and her name was Georgie. New Zealand was

very proud of Georgie. She was Georgie girl. Perhaps one day we, too, will have

the privilege of having a trans person sitting here in this House of Assembly

and that we, too, will have a person who designates as non-binary here in this

House of Assembly.

Again,

thank you to my colleagues, the government, who has worked hard and with

openness and with the true sense of protection of human rights on this

legislation. Thank you for moving quickly on this; be proud. And I'd like to

thank all those within the departments who are responsible for working on this

bill, for the great work that is being done, and I am sure there'll be much

celebrating today in the LGBTQ two-spirited community.

Thank

you very much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Fortune Bay – Cape La Hune.

MS. PERRY:

Thank you so much, Mr.

Speaker.

I have

to say, I stand here in this hon. House today with great pride for the bill that

we are about to bring forward, for the bill we are now debating certainly.

It was

very heartwarming to listen to my colleague from St. John's Centre and to hear

her stories of the significant strides that have been made by the LGBT community

and how we need to be ever vigilant that there's still much more work to be

done. Today is a significant step forward and one that I'm very proud to be a

part of the House of Assembly and standing to vote in support of as we go

through the various stages of this bill.

Many

people have referred to Gemma in their speeches as they got up to speak today. I

was first selected back in 2007, so like my colleague from what used to be

Signal Hill – Quidi Vidi –

AN HON. MEMBER:

(Inaudible.)

MS. PERRY:

– St. John's East has stated,

I'm getting a bit long in the tooth probably in terms of my tenure here in the

House of Assembly, but Gemma was one of the very first people I met when I came

to St. John's in politics. They have always inspired me. They continue to

inspire me today and they give me great courage. I think because of their

leadership – Gemma is a real trailblazer – we as a Province of Newfoundland and

Labrador are now leading – because of Gemma's leadership, we are now leading the

way across the entire country.

colleague from St. John's Centre said she hopes that one day we will see a

person of transgender sitting here in the House, and I truly hope we see that in

the very near future. In fact, I'd love to see Gemma Hickey run. I think they'd

be a great asset to this House, and there are a lot of issues we have to take

on.

colleague also referred to bullying. That's a huge issue, I do believe, that we

have yet to tackle, both here in this House of Assembly and throughout the

province as a whole. I look forward to continuing to be trailblazers in these

kinds of initiatives.

I'm

going to talk a little bit now in terms of an overview of amendments that this

Bill 20 will bring forward. Bill 20 amends the

Vital Statistics Act to remove

the requirement to submit a statement from a medical professional prior to a

change in sex designation for those 16 years of age and older. Children aged 12

to 15 still require a parent to apply on their behalf, and consent of the child

is also required.

According to the department, information pertaining to the

sex of an individual will continue to be collected at birth after the amendments

of the act have been made in an effort to maintain vital data that is valuable

for our population. Personal health service decisions and gender-aggregated data

is important for informing government policy and programs such as those related

to medications or treatments that differ for each sex.

That's basically an overview of the amendments we're going

to see brought forward in Bill 20. Like I said when I stood up to speak, I am so

very proud to be a part of the Legislature that is bringing this bill forward,

the first of its kind in the country. I'm not going to speak very long to the

bill except to say: Kudos! Bravo!

My colleague for St. John's Centre, I'll borrow her term

for a second: Bravo to all of you. Congratulations to all of you. It's been a

long, hard-fought battle. Keep up the great work.

We look forward to seeing more initiatives come forward

that are trail-blazing. I'm very pleased to stand in support of this bill.

Thank you so much, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER: The

hon. the Member for Terra Nova.

MR. HOLLOWAY:

Thank you, Mr. Speaker.

I'm certainly pleased to stand here today and speak in

favour of the amendments to the Vital

Statistics Act, 2009 , Bill 20. Mr. Speaker, our government is committed to

recognizing individuals with diverse sexual orientation, gender identities and

gender expressions. Non-binary birth certificates are an important part of our

government's effort.

Mr. Speaker, equality and respect for diversity of all

individuals are important values for the Government of Newfoundland and Labrador

and for all residents in this province.

In specific terms, the amendments proposed today are

twofold. In the first instance, it allows for the change of sex designation on a

birth certificate from female or male to non-binary for those individuals who

are 16 years of age and older without the requirement of a note from a medical

professional. Secondly, the amendments proposed today also

includes that in terms of

children between the ages of 12 and 15 years, there will be a requirement by a

parent to apply on behalf of the child and to have the consent of the child for

the designation change.

Mr.

Speaker, our government is progressive in its thinking. Throughout our vision

document, The Way Forward , we have

committed to continuously engage with our stakeholders and to make the programs

and services we provide to the people of this province to be reflective and

innovative.

Like

others in this hon. House today, I want to commend Gemma for being such a strong

activist and a voice that allows us to do the kind of work that we do here in

this House to make change that is progressive, that it's reflective of things

that are going on in the communities in which we serve. Today's amendments are

an example of our efforts, and it is a follow-up of a change in policy in

September of this year which will now permit an individual to choose an X on

their birth certificate.

Mr.

Speaker, this is an important advancement in the right direction. We are too

familiar with the impacts bullying and negative stereotypes can have on an

individual. The Member for St. John's Centre referenced bullying that goes on in

our schools. I'd like to speak a little bit to that. Far too often we hear of

stories in our schools and in our communities where someone is being bullied or

intimidated because the person thinks differently, acts differently or looks

differently from others.

Recently, just last week, I attended the Canadian Council of Ministers of

Environment in Vancouver. Mr. Speaker, we had a very productive two days of

meetings where issues of climate change, clean growth, community resilience and

collaboration with our indigenous communities were openly discussed.

At the

end of those meetings, during the press conference as I stood next to the

federal Minister of Environment, I envied as she confronted a reporter who had

been bullying her in making personal remarks about her appearance. While I was

unaware that this exchange was about to unfold, as I stood there and I listened,

I was proud to show my support for an individual, a leader in our country for

standing up for herself and standing up to those who use derogatory remarks

about someone's appearance as a form of intimidation.

Mr.

Speaker, when appearances don't match the images displayed on an identification

card, people do endure insults and psychological trauma that could be easily

averted if we provided them with the option that does not contradict who they

are.

The

amendments to the Vital Statistics Act,

2009 being proposed here today will likely reduce the prevalence of bullying

involving insults lending to mental health issues for individuals who chose to

have a change in sex designation on their birth certificate.

Recently, I looked at a 2016 study on bullying in schools in the US. The report

indicated that one out of every five students is bullied. Furthermore, 64 per

cent of students who are bullied never report it. The report goes on to state

that the most common reason for being bullied were looks, body shape and race.

another 2013 study on bullying of those who identify, who are perceived as

LGBTQ, 74 per cent were verbally bullied because of sexual orientation and 55.2

per cent were bullied because of their gender expression. Mr. Speaker, the

issues of sex designation are not urban issues alone. These issues impact

individuals in all communities across this province.

Recently, the parents of a young constituent of mine came into my office seeking

assistance regarding the individual's struggles with gender transformation.

These issues are further complicated by intellectual disability, socialization

and coping. So while we are taking steps today to make significant strides, many

of the things that go on in a young person's life are complicated. There are

many challenges confronting our young people, Mr. Speaker. Today, it is our hope

that by taking these bold steps, we are helping to lessen some of these

challenges.

Our

government has been supportive of the LGBTQ community in this province. In our

schools we have partnered with Planned Parenthood Newfoundland and Labrador to

offer things like Making Queerness Visible Workshops, Camp Eclipse leadership

retreats, Supportive Counselling and Peer Support programs.

In my

own District of Terra Nova, Mr. Speaker, like many districts, provincial

government departments are working with community-based organizations and

advocates like Gemma to advance the vision, the mission and the mandate of the

Violence Prevention Initiative.

I, too,

before being elected into public office, was a member of the Violence Prevention

Initiative in my community. So I know full well the positive strides and the

impacts we can make by working together. The Violence Prevention Initiative, or

VPI, envisions that women, children and youth, Aboriginal women, children and

youth, persons with disabilities and others who are victims of violence because

of race, ethnicity, sexual orientation or economic status will face less

violence and live and work in communities where violence is considered

unacceptable.

When we

consider the mission of the VPI, we must measure our success by looking at:

evidence of enhanced leadership, which through the debate we're having today is

a testament to that; coordination of resources and programs that we offer to the

people of this province; increase awareness in the community; greater

accountability; and improve legislation like we are doing to the amendments to

the Vital Statistics Act, 2009 .

To this

end, Mr. Speaker, we are removing some of the democratic red tape involved in

the process of making an application to change a person's sex designation on a

birth certificate. If the individual is over the age of 16, there will no longer

be a requirement to have a note from a medical professional.

I said

earlier that our government is progressive in its thinking. Since assuming

office in November 2015, we have worked tirelessly to demonstrate leadership

around identity and inclusion. In March of this year, working in tandem with all

parties in this hon. House, our government released the report

Towards Recovery: A Vision for a Renewed

Mental Health and Addictions System . This report is the culmination of the

work of the All-Party Committee on Mental Health and Addictions, which contains

54 recommendations that support six primary areas of focus.

mention these, Mr. Speaker, because it's another example of why we are standing

here today in support of this legislation. It talks about access to services;

policy and programing; community supports; quality of care; promotion,

prevention and early intervention; and accountability and performance

monitoring.

Today

we're being accountable on all sides of this House. In releasing the report, the

Minister of Health and Community Services said – and I'll paraphrase –

Towards Recovery will guide us and it

will begin to change the system to achieve a healthier population. I think with

the amendments we're talking about today, we are moving again forward with

helping to create a healthier population in this province.

As I

conclude, Mr. Speaker, I wish to commend the Minister of Service NL for bringing

forward these legislative changes. We are progressive as a government. We

continue to invite others to hold our feet to the fire, to keep us informed, so

that we can do the very good work that we do here.

Identity

is a very personal thing for an individual and it is always important to provide

mechanisms, including legislative and policy changes that provide options for

choosing how an individual wishes to be identified.

Mr.

Speaker, thank you for the opportunity to stand here today and to speak in

favour of this very important legislation.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Stephenville – Port au Port.

MR. FINN:

Thank you very much, Mr.

Speaker.

It is

certainly a pleasure to lend my voice to today's debate as we discuss amendments

to the Vital Statistics Act, 2009 ,

known as Bill 20. It is certainly great to see Gemma Hickey here today. I have

not yet had the opportunity to meet you, Gemma; however, I know that they have

been very vocal in the media, certainly someone I've followed and watched, and

very instrumental and a leader in addressing the issues of LGBTQ community.

How we

got here today, Mr. Speaker, is a result of a bill that we passed in 2016. At

that time then Bill 7 was

An Act to Amend the Vital Statistics Act. Under then

minister of Service NL, which was then the Member for Bay of Islands, we removed

the requirement that a person undergo trans-sexual surgery in order to change

their sex designation on the birth registration.

So we're

here today to make a further amendment to that. While we were very proud to make

that change at the time, we've then seen some positive changes, and thank you to

Gemma for bringing them forward, and understanding that not all individuals

should have to require medical documentation to make this change.

That's

something that was going to hinder anyone's ability to make the specific change.

It would certainly tie up resources, could be seen as discriminatory and, in

fact, certainly was. So it's with great pleasure that we're able to stand here

today to announce this very progressive change, and I believe as the Member for

Labrador West alluded to, certainly being the first province in the country to

eliminate that requirement. We're following suit here with other jurisdictions

and provinces as well. The Member for Lab West certainly did mention that, but I

think this is more than just a Canadian movement.

When we

were looking at some of the research across other jurisdictions and

understanding the good work of the folks in Alberta, the Yukon and the Northwest

Territories, one thing that was also noted was some of the work that was done

across the world. Australia was the leader on this, Mr. Speaker. They've had

this opportunity for non-binary, to choose X as a sex designation, since 2003.

Since January of 2003, Australia has provided this opportunity to their

citizens.

In April

of 2014, the Supreme Court of India also recognized this as a progressive step

forward. This was also taken care of in Nepal in 2007, New Zealand in 2012 and

further amendments in New Zealand in 2015. In 2017, in the United States, Oregon

became the first state to recognize and allow non-binary and marking of X as a

gender marker on IDs and driver's licences.

With the

United States having one state doing so, with some progressive work done in

countries such as India, Australia and New Zealand, we see the movement here in

Canada. Again, I'm very proud to see what the Legislature has done in Alberta,

the Northwest Territories and the Yukon. It is with extreme pleasure that we can

be a leader. So often we find ourselves catching up with other jurisdictions and

making changes to various pieces of legislation. There are often times we are

very proud to be a leader.

believe, as the Member for Terra Nova alluded to, some of the great work that

the Minister of Health has done with his team and staff on the mental health

report Towards Recovery , that report

has now solidified us as a leader in the field of mental health. So why can't we

be the leader in other areas, Mr. Speaker? That's why it's extremely important

that we take this step forward today.

I've had

the great opportunity in my district – not in my district, rather, the district

I'm so fortunate to represent. Some of the great work that's being done there

with the Southwestern Coalition to End Violence, some of the initiatives they're

doing in our school systems. The Community Youth Network in my region has been a

strong leader in this field. The Bay St. George Status of Women has made some

great work and inroads as well.

The

Western Pride committee has continued to grow in my region as well, Mr. Speaker.

It was a pleasure to stand with the folks from the Western Pride committee in

the Town of Stephenville and raise their flag. Various jurisdictions, various

towns have different weeks they'll choose to celebrate and acknowledge, and the

Town of Stephenville, this just happened a few short weeks ago.

In rural

areas, Mr. Speaker, sometimes the limelight is a lot less than in our urban

centres and we often look for leadership from our LGBTQ2S community. When we

have folks like Gemma who are so vocal and prominent in the media to bring this

up, it's folks in rural areas such as Stephenville – Port au Port that can look

and turn on CBC News, we can turn on NTV News in the evening and we can see that

there is a leader in this field and there is somebody who is willing to stand up

for the rights of individuals, as identity is so very important.

Mr.

Speaker, I won't belabour it much further, but I certainly wanted to add my

voice to it. As I mentioned, I'm so proud that we can take this positive step

forward and become the first province to remove the requirement for a medical

documentation. Why would we have that extra red tape? Why would we require

medical documentation? Individuals 16 years and older certainly know their

identity. They certainly have challenges in transition and we need to remove

these barriers. It is our right to do so; it is our job as legislators to do so.

addition to the birth certificates, as the Minister of Service NL mentioned,

also the opportunity with respect to our driver's licence. We are certainly

seeing some positive changes there.

We are

actually looking forward to some changes on the federal level as well. There has

been some temporary changes brought in now with respect to passports and how

passports will now have the opportunity to mark an X non-binary, and there are

some further changes coming from the federal level as well.

So it is

certainly our hope that when the federal government recognizes some changes,

when you have two territories and the Province of Alberta and now the Province

of Newfoundland and Labrador making changes, we'll certainly be proud as other

jurisdictions across the country recognize our efforts, and recognize our

efforts in recognizing our leaders, such as Gemma, and listening to folks in our

community so we can make positive, real, tangible changes.

With

that, Mr. Speaker, I look forward to supporting Bill 20 and I certainly look

forward to further discussion on this subject.

Thank

you very much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Virginia Waters – Pleasantville.

MR. B. DAVIS:

Mr. Speaker, I'm so excited

to be standing here today. I just came from a Remembrance Day service in my

district at one of my schools. It's quite fitting that I get the opportunity to

speak on a bill that combats what started World War I, which was intolerance,

bigotry and things like that. It's very important that we stand here as a

government united with our colleagues, on both sides of the House, to support

tolerance.

I'm

pleased to stand here to speak about Bill 20 along with my other colleagues that

have spoken in the House today. Since becoming parliamentary secretary to the

Minister of Service NL, I've come to realize how important Service NL – and I'm

sure Mr. Speaker will understand that as well – to the people of Newfoundland

and Labrador.

One of

the examples is our Vital Statistics department, which we're talking about here

today. They're responsible for registering and certifying all births, deaths and

marriages in our province. It also registers adoptions, legal name changes and

certifies clergy and civil authorities for marriage ceremonies – all very

important things.

The

division of Service NL is what holds us accountable to the people. All life

changes have to go through Service NL. We have to register someone that is born,

someone that passes away or someone that is adopted. We know how important all

these matters are throughout our lives and we now have the right to choose what

gender, if any, we identify with.

It is so

important to have the ability to be honest with your government, the ability to

walk in and change your birth certificate to who you identify as and not feel as

though you are living a lie. This is the first step in creating a safer, more

inclusive society for all people in Newfoundland and Labrador.

Mr.

Speaker, as the Minister of Service NL said earlier, no one should ever have to

worry about being judged or harassed because they identify somewhere on a gender

spectrum other than exclusively male or female. We are learning more and more

that gender can be and is usually fluid. Similarly, our LGBTQ youth shouldn't be

experiencing suicide rates that are four times higher than those of their

heterosexual peers.

Instead

of being afraid of human diversity, we need to embrace it. As a government, we

take a firm stance against all forms of discrimination and violence. This

includes violence towards the LGBTQ persons.

Currently, three other jurisdictions – Alberta, Yukon and Northwest Territories

– have passed legislation regarding gender-neutral birth certificates, with the

majority of jurisdictions looking into these changes as we speak. Newfoundland

and Labrador is proud to be at the forefront of equality for this legislation.

Of all

the provinces and territories which removed the requirements for sex

reassignment surgery for the change in designation on a birth certificate,

Newfoundland and Labrador will be within the first five to make the necessary

changes.

Outside

of Canada, Newfoundland and Labrador is also a trailblazer, with Oregon – as the

Member behind me from Stephenville – Port au Port mentioned – and the District

of Columbia making non-binary available on driver's licences and

identifications. California and New York are considering a similar change.

Non-binary birth certificates are also reflective of a close relationship our

government shares with our federal government. Prime Minister Justin Trudeau has

pledged to make government-issued documents more gender inclusive – and for

that, we're all very happy – and to make our passports eligible for the X option

for gender and a third gender option for social insurance numbers representing

non-declared. We are so happy to make these changes in line with our federal

counterparts and other countries such as Germany, India, Pakistan, Nepal,

Australia, New Zealand and I hope many, many more to come.

The

Violence Prevention Initiative also reflects the Government of Newfoundland and

Labrador's ongoing commitment to addressing violence in our province. The

initiative is a multi-departmental government community partnership focused on

addressing the problems of violence against those populations most at risk.

Expressions of sexism, ageism, racism, homophobia, biphobia, transphobia and

other biased attitudes reinforce violence.

When we

stand like we are doing here today to amend the

Vital Statistics Act to recognize diversity, it is our opportunity

to highlight the gains that have been made. I join the Minister of Service NL

and the whole government in applauding Gemma Hickey, their tireless efforts to

allow for changes to sex designation on birth certificates from female or male

to non-binary.

I'm

quite happy because I met Gemma in university so many, many years ago. I don't

want to say how many because I don't want to date myself, but they're a shining

light for this province. They represent what can happen if you stand up for what

you believe in.

Gemma

Hickey founded the Pathways Foundation which, inspired by the tragedies that

happened at the Mount Cashel orphanage, provided a service to the gaps in our

service for men and women who have experienced abuse within religious

institutions. In order to raise awareness, Gemma walked across the Newfoundland

portion of Newfoundland and Labrador in the summer of 2015. I had the pleasure

of being there at the old site of Mount Cashel where they ended their walk. It's

so important that we move on additions like this. It's an amazing

accomplishment. Gemma is to be commended for that.

Gemma no

longer allows for the negative to get them down. They're also not bothered by

any negative online comments, having once said: “Nothing can hurt me. I'll never

be bullied into silence as long as there are youth suffering.” No truer words

can ever be spoken for sure. “It's taken me a long time to get where I am today,

and I feel like I'm home.” I'm glad you're home.

As for

the first applicant for the non-binary birth certificate, they have taken steps

that more people wouldn't be brave enough to take, such as aligning the

provision of the act respecting changes to sex designation are discriminatory

under the Canadian rights act as well as the

Canadian Charter of Rights and Freedoms . Taking steps like this are

brave, trail-blazing steps that are needed to make real change.

Gemma is

a wonderful example of the quote by Margaret Mead that says: “Never doubt that a

small group of thoughtful, committed citizens can change the world; indeed, it's

the only thing that ever has.”

So thank

you, Gemma, for putting this change in the corner of the world. Equality and

respect for diversity of all individuals are important values for the Government

of Newfoundland and Labrador to have. While the changes in policy already permit

gender-neutral birth certificates to be issued, amending the legislation to

remove the requirement for a note from a medical professional from those 16 and

older certainly reinforces the commitment to this matter.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Natural Resources.

MS. COADY:

Thank you, Mr. Speaker.

For our

listeners who may just be joining us, I'll remind them that we're dealing with a

bill,

An Act to Amend The Vital Statistics Act, 2009 and this will amend the

Vital Statistics Act, 2009 to remove

the requirement to include a statement from a designated professional with an

application for a change of sex designation for a person who has reached the age

of 16 years.

It's a

proud day, Mr. Speaker; it's a very, very proud day. It's a proud day for all

Newfoundlanders and Labradorians, and especially for members of the LGBTQ, and I

think a very, very proud day for Gemma Hickey. Gemma has been instrumental in

making us aware of this issue, making the changes. I often remember a quote from

John Kennedy, and he said: The rights of every person are diminished when the

rights of one person are threatened.

Mr.

Speaker, I have great pride today in my friend Gemma Hickey. I don't want to say

this, Mr. Speaker, to be too personal at this moment, but I think that when I

reflect back on the documentary that was aired on CBC,

Just Be Gemma , many of us – it's Nine Island Communications and if

you haven't seen it, please look it up. It is an important documentary, I

believe, because it really does focus you on the issue. When I heard the name,

the title of the documentary, Just Be

Gemma , it reminded me of something that I learned from Gemma Hickey's

grandmother.

Now,

she's no longer with us, and that's why I think it might be a bit emotional to

say this in the House, but she's no longer with us. I remember at one point a

note that I think Gemma shared publicly, and their grandmother wrote: Just be

Gemma.

We want

everyone – everyone – to remember, to value that advice because

Just Be Gemma really speaks, I think,

to what John Kennedy was speaking about in the early 1960s when, again, he said:

The rights of every person are diminished when the rights of one person are

threatened.

Mr.

Speaker, today is a proud day for Newfoundland and Labrador. We join few of our

colleagues and I mention a few of our colleagues in provinces across this

country in ensuring the rights of all individuals. I recognize the department

and the ministers, both present today, and our previous minister in bringing

this recommendation forward.

I think

it is a very, very proud day for Gemma Hickey. They are entitled to their

rights; they are entitled to their respect.

SOME HON. MEMBERS:

Hear, hear!

MS. COADY:

They are entitled to their humanity, to their human rights and to be recognized

as such. I am proud that Newfoundland and Labrador is so doing today. More work

needs to be done, much more work needs to be done in this area, but I think that

we're taking small steps.

remember the debate and the discussions during the 2000s at the federal level

when we talked about marriage between two individuals. I hearken back to the

former prime minister of many, many years ago when he talked about the rights of

individuals and the requirements of the state not to be involved in certain

aspects of people's lives.

Mr.

Speaker, this is very, very important to our humanity, to our human rights. It

reflects on same. I think Newfoundland and Labrador is doing the right thing.

The

current amendment will eliminate the requirement to submit a statement from a

designated professional for those 16 years of age and older. As Gemma Hickey has

said in previous times, being of a certain age means you make your decisions.

You don't need to go to a family doctor for them to identify your gender; you

can identify that yourself.

I'm

proud to stand here today because I think this is a very important point and one

of a series. It is, again, reminding us of human rights. It is, again, reminding

us of the importance of listening to all of us, not just some of us. It is again

reminding us of the importance of a shared humanity and a shared goal of doing

the best that we can with the life that we've been given, and making sure

equality is for all of us, not just for some of us.

Mr.

Speaker, when I think of Gemma Hickey I think of Gandhi. Gandhi said: Be the

change you want to see in this world. Gemma set forth to make the changes that

they wanted to see in this world and we're all the better for it – we are all

the better for it.

SOME HON. MEMBERS:

Hear, hear!

MS. COADY:

I recognize them for that, I

thank them for that and I encourage that in all of us. Be the change we want to

see in this world. Take Gandhi's words, take Gemma Hickey's actions and apply it

to all of us. We would have a better society, a better community and a better

life if we all did that.

I thank

and I recognize Gemma Hickey. I thank and I recognize all of those people who

stand to ensure our human rights, who stand to ensure our equality, who stand to

ensure that we share an equal value.

On that

note, Mr. Speaker, I thank you for the opportunity to support this bill. I thank

the House for recognizing the importance of this change in legislation. I thank

Newfoundland and Labrador for being a leader on the issue.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. P. DAVIS:

Thank you very much, Mr.

Speaker.

I just

want to take a couple of minutes to join other speakers here this morning. It is

certainly one of these times in the House of Assembly where we all agree very

much and very strongly in what this bill represents, what this change represents

and what this change will create for Newfoundlanders and Labradorians.

The hon.

minister, my colleague across the House, just talked about small steps. I fully

agree with that. Effecting change, driving change and leading change can be one

of the most challenging things to do, especially when done in the public when a

person believes strongly, as Gemma Hickey has, in a need for change, a need for

direction change when the masses of the population don't necessarily follow you.

I can

only imagine how challenging that would be for any individual, in this case for

Gemma Hickey. It's not just a movement or an initiative or a request; it's about

Gemma Hickey's life and it's about Gemma Hickey standing up for what Gemma

Hickey believes in.

I wanted

to join others just briefly in this. I know a lot of the points have been made

and some have been repeated. I certainly don't want to do all of that again, Mr.

Speaker, but I want to personally extend my congratulations to Gemma and the

work, perseverance that's been demonstrated over the years. It's been a long

course and it's been a step-by-step progress. I can tell you, Mr. Speaker, that

I also look forward to see what's next, because pushing and moving those

traditional beliefs that some people hang on to is sometimes very slow coming.

I know

it was referenced earlier here in debate about history being made yesterday in

the United States. It's very relevant to this particular bill because it was not

that long ago – someone will probably conclude, that will never happen. We'll

never see that happen. It happened yesterday in the United States, and change is

happening here in Newfoundland and Labrador.

congratulate Members of the House. I thank them for commenting. I extend my

congratulations to Gemma once again and thank Gemma for all that's taken place

and the change that's been driven through a very difficult and challenging

process. It arrived here at the House of Assembly today to pass this into law,

and I can tell you I look forward to voting on it as well.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Mount

Pearl – Southlands.

MR. LANE:

Thank you, Mr. Speaker.

I'm not

going to take too long or repeat everything that's been said, but just for the

record, I will be supporting this bill. For me, at least – I'm sure others feel

the same; I think everybody has said it in one way or another – it really comes

down to equality for all of the citizens of our province, treating everybody

with respect. That's really what this is about.

I don't

think it's up to me or anybody else to tell somebody who they are, who they feel

they are, who they know they are. I think it's their right to do that. I think

it's their right to identify whichever way they want to identify. Really, that's

what this bill is all about. It's just adding to other work that has been done

and I'm sure more work that will be done in the future.

There

will be those in our society who will applaud this move and I'm sure there will

be some people in our society for personal beliefs, religious beliefs, whatever,

who may not, but the beauty of living in a democracy is that we all have the

right to live the way we want to live, to have our own beliefs and to express

ourselves and our own beliefs. That's why we're so lucky to live in a place that

we do. This is just enforcing that concept of the right to choose, the right to

be equal amongst all of our citizens. Certainly, for that reason, I support the

bill 100 per cent.

I, too,

want to congratulate Gemma Hickey who's been a real trailblazer when it comes to

not just this issue, but other issues as well. Some of them have been mentioned

earlier. They certainly have made an impact, made a difference in our province.

They are certainly to be commended for that. As I said, they have been a driving

force obviously behind this particular change today and I'm sure they are very

proud of what they've accomplished. I know many people in our province,

including everyone in this House of Assembly I'm sure, are very proud of what

they have done and that's why we will all, I'm sure, be supporting this 100 per

cent.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

If the hon. the Minister of

Service NL speaks now she will close the debate.

The hon.

the Minister of Service NL.

SOME HON. MEMBERS:

Hear, hear!

MS. GAMBIN-WALSH:

Mr. Speaker, it's a historic

day in Newfoundland and Labrador, a day that effects positive change, and I am

proud to be one of the politicians that contributed to this change.

I would

like to thank the staff at Service NL for all their work, and once again, thank

you Gemma Hickey for bringing this to our attention.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Is the House ready for the

question?

The

motion is that Bill 20 be now read a second time.

Is it

the pleasure of the House to adopt the motion?

All

those in favour, 'aye.'

SOME HON. MEMBERS:

Aye.

MR. SPEAKER:

All those against, 'nay.'

The

motion is carried.

SOME HON. MEMBERS:

Hear, hear!

CLERK (Barnes):

A bill,

An Act To Amend The

Vital Statistics Act, 2009. (Bill 20)

MR. SPEAKER:

This bill has now been read a

second time. When shall this bill be referred to a Committee of the Whole House?

MR. A. PARSONS:

Tomorrow.

MR. SPEAKER:

Tomorrow.

motion, a bill, “An Act To Amend The Vital Statistics Act, 2009,” read a second

time, ordered referred to a Committee of the Whole House on tomorrow. (Bill 20)

MR. SPEAKER:

The hon. the Government House

Leader.

MR. A. PARSONS:

Thank you, Mr. Speaker.

Given

the hour of the day I would suggest with leave that we recess until 2 p.m.

MR. SPEAKER:

In accordance with

provisional Standing Order 9(1)(

b) the House is in recess until 2 o'clock.

Recess

The

House resumed at 2 p.m.

MR. SPEAKER (Trimper):

Order, please!

Admit

strangers.

Before

we start, I would like to introduce our newest Page. This is Ms. Frankie Leonard

from Happy Valley-Goose Bay.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Also, as per some events that

took place yesterday, I'd like to speak to a point of order that was raised by

the Member for Mount Scio. Please bear with me.

I'd like

to speak to this point of order that was raised yesterday by the Member for

Mount Scio. The point of order was with respect to a petition that was presented

on November 6, 2017 to this House by the Member for St. John's East – Quidi

Vidi.

raising the point of order, the Member for Mount Scio referred to a ruling by

former Speaker Wiseman in June 2012 that a Member is not permitted to submit a

petition in a piecemeal fashion. The issue at the time was that petitions

certified by the Clerk's Office were being subdivided, after certification,

before being presented in this House.

Speaker

Wiseman went on to elaborate that the process would be followed requiring that

all petitions be certified by the Clerk or Clerk Assistant prior to being

presented in the House. Petitions presented in the House must be consistent with

those certified.

The

right of the citizen to petition Parliament for a redress of grievance is based

on centuries-old tradition and established precedent. It is recognized and it is

our experience that during a sitting, petitions of the same subject matter may

be presented on different days, as it is understood that they may be received by

Members piecemeal. It is appropriate that petitions be brought forward to the

House when received, even if petitions on the same subject have been previously

presented.

The

petitions presented by the Member for St. John's East – Quidi Vidi were

consistent with the certification requirements; therefore, with respect to the

point of order raised by the Member for Mount Scio, I conclude that there is no

point of order.

However,

I want to refer to Hansard and the

opening comments by the Member when she indicated that: “I'm very pleased to

stand today and present the petition that has been provided me by members of the

deaf and hard of hearing community and by the Churchill family. The petitions,

Mr. Speaker, have been signed by thousands of people.”

Standing

Order 92 indicates that “Every Member offering a petition to the House shall

confine himself or herself to the statement of the parties from whom it comes,

the number of signatures attached to it and the material allegations it

contains.”

Consequently, a Member's remarks regarding the number of signatories must be

consistent with the number of signatures on the petition being tabled at the

time or, if the petition being tabled is of the same subject matter tabled

previously, the cumulative signatures presented to date.

The

Speaker has had an opportunity to review

Hansard and to look at the petition in question. Clearly, the petition that

is entered has fewer names than the thousands referenced in

Hansard . In this case, the introductory remarks of the Member for

St. John's East – Quidi Vidi that “the petitions, Mr. Speaker, have been signed

by thousands of people” are inconsistent with the number of signatories of the

individual petitions of that subject matter certified to date by the Clerk's

Office.

I remind

Members that whether it is in reference to petitions or reference to anything

else in this House in debate, Members in this House have an obligation to make

statements that are accurate and factually correct. Members of the House

generally accept the comments by other hon. Members as being statements of fact

and seldom challenge their accuracy unless there is, obviously, some clear

documentation that suggests to the contrary.

Therefore, I ask that the Member for St. John's East – Quidi Vidi withdraw that

statement.

The hon.

the Member for St. John's East – Quidi Vidi.

MS. MICHAEL:

I will withdraw the

statement, but may I just put one point of clarification that explains? But I

will – I'm not questioning, I just want to make a clarification.

AN HON. MEMBER:

Not in order.

MS. MICHAEL:

I'll leave it to the Speaker

to decide what's in order.

MR. SPEAKER:

Proceed with your point of

order.

MS. MICHAEL:

Thank you.

The

papers, the ones that I presented – physically presented – were ones that I had

received prior to that day. They're the ones I got signed and they're the ones I

presented. At the same time this petition is ongoing, and at 1 o'clock that day

I had received over 2,000. They have not yet been sent in, because they got

received too late for me to put them in here in the House on that same day.

I will

withdraw my statement.

MR. SPEAKER:

I can speak to that point.

The fact

of the matter is that what is presented in the House are the facts, and whether

you – when you are making your comments, you need to reference exactly what is

presented. That's all we are aware of and that's what we're dealing with.

Your

statement suggested there were thousands of signatories. The petition suggested

otherwise; therefore, I would ask you to withdraw your remark.

The hon.

the Member for St. John's East – Quidi Vidi.

MS. MICHAEL:

I have withdrawn that

statement, Mr. Speaker.

MR. SPEAKER:

Thank you.

Statements by

Members

MR. SPEAKER:

For Members' statements

today, we will hear statements from the hon. Members for the Districts of

Exploits, Torngat Mountains, Stephenville – Port au Port, Baie Verte – Green

Bay, Terra Nova and Ferryland.

The hon.

the Member for Exploits.

SOME HON. MEMBERS:

Hear, hear!

MR. DEAN:

Thank you, Mr. Speaker.

I rise

today in this hon. House to congratulate the Abundant Life Pentecostal

Tabernacle of Leading Tickles on their celebration this year of 50 years of good

works in the community and surrounding area.

I had

the pleasure of celebrating this significant milestone with the congregation on

June 3 of this year. The assembly featured an evening of song, prayer and great

food, with representation from the town leadership, as well as friends from far

and near.

Pentecostalism has long been a pillar of community support and fellowship in our

province. They have been exemplary in bringing the teachings of Christ to our

people and in providing earthly and spiritual help and hope to all God's

children.

I ask

all hon. Members to join with me in congratulating the Abundant Life Pentecostal

Tabernacle for 50 years of faithful service to the community.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Torngat Mountains.

MR. EDMUNDS:

Mr. Speaker, I rise today, on

National Aboriginal Veterans Day, to pay tribute to those indigenous soldiers

who have proudly fought and died for our freedom.

Although

people of Aboriginal ancestry from Newfoundland and Labrador fought and

sometimes died during the First World War, their histories remain largely

unknown. Few documents and little research exist to describe their wartime

experiences. And recruiting was difficult in communities such as Nain to

Rigolet, as news was slow to reach these areas and many residents did not know

that their country had gone to war.

Historians estimate, however, that at least 15 men of Inuit descent joined the

Royal Newfoundland Regiment. Most served as infantry units and drew upon their

hunting, trapping and other traditional skills to become expert snipers and

scouts.

Lance

Corporal John Shiwak is well-known for his shooting skills during the First

World War. Soldiers like Fred Freida and Douglas White were active during the

Second World War. I would also like to honour my friend, Henry Gear from

Postville, who participated in the United Nations conflicts in Sarajevo.

Today,

there are approximately 2,300 Aboriginal members currently serving in the

Canadian Armed Forces.

I thank

all our soldiers who have served and continue to serve our country.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Stephenville – Port au Port.

MR. FINN:

Thank you, Mr. Speaker.

I stand

to pay tribute to the late Danny McCann of Port au Port West who passed away two

months ago today at the age of 65. Although confined to a wheelchair since the

age of 19, nothing prevented Danny from living an extraordinary life of

dedication to his community, his church, his wife Mary and his family.

Danny

was an entrepreneur who owned and operated a small business for 21 years.

Further, he worked for 33 years as the town clerk with the Town of Port au Port

West-Agauthuna-Felix Cove. Outside of his professional career, Danny was a

dedicated community volunteer for which no cause was unworthy of his assistance.

As the founder of the renowned Gravels Walking Trail and Development Group,

Danny raised money for the restoration of Our Lady of Mercy Church for countless

years.

He took

great pride in hosting and organizing the annual Grand Ole Opry, the annual

Christmas concert as well as the annual Port au Port Agricultural Fall Fair.

While he

never sought accolades, he and his wife Mary were truly humbled when they

received the Canada 150 Sesquicentennial Pin from MP Hutchings this past summer.

I ask

all Members to join me in recognizing and remembering Mr. Danny McCann.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Baie

Verte – Green Bay.

MR. WARR:

Thank you, Mr. Speaker.

If you

only watched Herb Pike during a Remembrance Day ceremony, you will witness the

wave of emotion a veteran experiences.

Mr.

Speaker, I rise in this week of remembrance to honour Mr. Herb Pike of

Springdale, a 94-year-old Second World War veteran. Although he had enlisted

intending to be gunner, Mr. Pike ended up getting his stripes as a sergeant and,

as a result of a shortage, had become a flyer with the Royal Air Force 102

bomber squad. He would later climb the rank of warrant office. Herb was known as

a keen and hard-working officer of superior ability.

He has

been revered as the first pilot taking out Adolf Hitler's ammunition stockpile.

He clearly remembers how at 3:30 a.m. on June 6, 1944 on the beaches of

Normandy, he was ordered to fly over an area where it was discovered the Germans

had taken over an old automobile storage factory. After returning, it was

determined that the bombing mission was successful.

Today,

Herb resides at the Valley Vista Senior Citizen's Home in Springdale.

I ask

all hon. Members to join me in recognizing a true Newfoundland and Labrador hero

and a friend to all.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Terra

Nova.

MR. HOLLOWAY:

Mr. Speaker, I rise in this

hon. House to acknowledge the outstanding accomplishments of a young lady from

my district.

Melissa

Smith, originally from Elliot's Cove, completed high school at Random Island

Academy and attended the College of the North Atlantic in St. John's and Happy

Valley-Goose Bay.

In 2007,

after learning about Canada's war efforts abroad, Melissa joined the military

where she trained as a field medic. In 2010, Melissa was deployed for a

seven-month tour in Afghanistan with the 3rd Battalion of The Royal Canadian

Regiment.

She was

released from active duty in 2015 after being diagnosed with post-traumatic

stress disorder. Melissa says: Anything is possible with the right attitude.

She

applied to participate in the 2017 Invictus Games, an international adaptive

multi-sport event, created by Prince Harry in support of wounded or sick armed

services personnel.

Last

month, Melissa competed in Toronto and won a silver medal in the recurve bow

novice category. Melissa also placed 11th in the women's mid-weight powerlifting

division. Melissa says her long-term goal is to be on Canada's Olympic team.

I ask

all hon. Members to join me in congratulating Melissa Smith for her service, her

courage and her determination.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Ferryland.

SOME HON. MEMBERS:

Hear, hear!

MR. HUTCHINGS:

Thank you, Mr. Speaker.

Mr.

Speaker, I rise today to recognize the 150th anniversary of Captain William

Jackman and his heroic efforts of October 9, 1867.

Captain

Jackman anchored in Spotted Island harbour in Labrador. With a storm raging, he

saw a small fishing schooner being battered along the reef, about 600 feet from

shore. He battled the rough sea to swim to the boat and made 27 trips to the

shore and back, each time with a man or woman on his back. The last person he

rescued was a dying woman he refused to leave to a watery grave.

In 1868,

the British Royal Humane Society awarded Captain Jackman a silver medal for his

heroic efforts. Captain Jackman's heroism was honoured by the Minister of

Tourism, Culture and Recreation in October 2010 under the Provincial Historic

Commemorations Program.

The

Captain William Jackman story is an event that is both a provincial and national

historic event, deserving national attention, commemorative recognition and

should be honoured as such an event.

Mr.

Speaker, I ask all Members of this House to join me in honouring and remembering

Captain William Jackman of Renews for his acts of bravery and heroism on October

9, 1867.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Statements by Ministers.

Statements by

Ministers

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. KIRBY:

Mr. Speaker, from November 1

to 4, I had the privilege to lead the Canadian delegation at the Education

Commission of the UNESCO World Conference on Education for Sustainable

Development in Paris, where hundreds of delegates from countries all over the

world participated.

UNESCO

is responsible for coordinating international co-operation in education,

science, culture and communication. It strengthens the ties between nations and

societies, and mobilizes the wider public so that each child and citizen has

access to quality education.

Newfoundland and Labrador has a long history of engagement with the Council of

Ministers of Education, Canada, and I was happy to represent the council as head

of our Canadian delegation. I had the unique opportunity to present at a

luncheon, alongside representatives from the Republic of Korea, to a large

international group that included 41 Education Ministers from around the world.

The

conference focused on our shared commitments towards ensuring every person in

our world has access to inclusive and equitable quality education and lifelong

learning. We discussed the importance of multilateralism and nation-to-nation

co-operation in our changing global environment as well as opportunities for

internationalization.

Mr.

Speaker, I attended and presented during the plenary debates of the Education

Commission, and I also held bilateral discussions with delegations from a number

of countries, including China, the Republic of Korea, Finland and Norway. I was

pleased to represent Canada's Education Ministers at special events hosted by

ambassadors from India, Japan and Nigeria.

It was

an opportunity for our government to be recognized as leaders in education on an

international scale. Consistent with our commitment in

The Way Forward to increase revenue to the province through

international education, it was also an excellent opportunity to have

discussions with officials from other countries regarding the establishment of

Newfoundland and Labrador-administered schools abroad and licensing the use of

our K-12 education curriculum to other jurisdictions around the world.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay East – Bell Island.

MR. BRAZIL:

Thank you, Mr. Speaker.

I thank

the minister for the advance copy of his statement. The quality of education

provided to our children and youth is a key indicator of how developed and

progressive we are as a society. The UNESCO World Conference on education is

vitally important at this point in time where facets of education models are

causing major concerns.

Now, the

Liberal minister just stated in this House that his trip to Paris was an

opportunity for the Liberal government to be recognized as leaders in education

on an international scale. This is what he actually said. The same Liberal

minister who tried to close down half of the libraries in the province, the same

Liberal government that made Newfoundland and Labrador the only province to tax

books, the same Liberal minister who had a total lack of respect for school

volunteers and told teachers to scrounge for supplies, the same minister who has

done nothing for inclusive education.

This was

the minister representing the province at an international education conference.

The irony is astounding, Mr. Speaker. At best, I hope the minister was able to

become educated on the issues facing students, parents and teachers. At worst, I

hope he was an example to the entire delegation of what not to do as an

Education Minister.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Third Party.

MS. MICHAEL:

Thank you very much, Mr.

Speaker.

I thank

the minister for the advance copy of his statement. I guess I say

congratulations to him, being the lead of the Canadian delegation.

I remind

the minister, Canada has signed the UN Convention on the Rights of Persons with

Disabilities, which fully protects the right of children with disabilities to a

full quality education. Therefore, I am more than surprised – I'm shocked – to

hear the minister speak of this province being recognized as world leaders in

education, when despite so much proof to the contrary, he refuses to recognize

the needs of deaf and hard of hearing students in this province.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

ministers?

The hon.

the Minister of Tourism, Culture, Industry and Innovation.

MR. MITCHELMORE:

Mr. Speaker, I was pleased to

join Premier Ball today to have formally launched the province's new Business

Innovation Agenda.

The

Business Innovation Agenda reflects input from the drivers of the provincial

economy: innovative firms, industry leaders, academic institutions and members

of the broader research community. The goal of this new Business Innovation

Agenda is to expand the pool and capacity of Newfoundland and Labrador's

innovation and growth-focused businesses.

There

will be four priority areas of focus: product development and commercialization,

productivity, growth and internationalization, and workforce skills and talent.

Mr.

Speaker, through the engagement process, industry across our province identified

a need for more guidance, as well as a one-stop point of entry for financial and

non-financial supports.

I am

pleased to say in response to this, the provincial government created

InnovateNL, a single window for a more efficient delivery of provincial

innovation programs and services. Members of the Newfoundland and Labrador

Innovation Council will work with the provincial government and its partners on

the implementation of the Business Innovation Agenda.

Mr.

Speaker, I look forward to embarking on this new path towards innovation in

Newfoundland and Labrador.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Conception Bay South.

MR. PETTEN:

Thank you, Mr. Speaker.

I want

to thank the minister for an advance copy of his statement.

Mr.

Speaker, we agree that a concrete and detailed plan for innovation is needed for

our province; but, sadly, this Liberal innovation agenda lacks in substance and

details. While we agree that this province must stimulate diversification,

innovation and exports, the document released today has no details, no

milestones and no concrete actions. As we've come to expect from this Liberal

government, the agenda is full of broad feel-good statements and short on

measurable targets.

Mr.

Speaker, we discovered yesterday in Question Period the minister isn't fully

aware of the consequence of shutting down the Research & Development

Corporation. He still doesn't know how many projects are impacted.

Mr.

Speaker, our economy is in desperate need. We need action, and we need action

now. We can only hope that these promises will be backed up with action.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MS. ROGERS:

Thank you, Mr. Speaker.

I, too,

thank the minister for an advance copy of his statement. I thank all those

fantastic companies and individuals who are involved in moving this forward,

especially the Innovation Council chaired by Mark Dobbin. We know it is the

creativity, expertise and courage of our people that will help create a more

sustainable future for the province.

I ask

the minister: What about social enterprise? Where does that fit in his plan? It

remains to be seen whether InnovateNL will actually be a more efficient delivery

of provincial innovation programs. Will it? Let's hope so.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

ministers?

The hon.

the Minister of Fisheries and Land Resources.

MR. BYRNE:

Thank you, Mr. Speaker.

Here's

something I'm sure we can all rally behind.

Mr.

Speaker, it is indeed an honour to rise today and inform this House about

important and historic changes to the provincial

Wild Life Act and its regulations that provide more Newfoundlanders

and Labradorians with the opportunity to share in our outdoor heritage and in

the experience and benefits of hunting.

These

changes, which support inclusion, improve access and encourage participation in

hunting, were implemented after extensive consultation with provincial hunting

and trapping organizations and participants and advocates in the Program for

Hunters and Anglers with a Disability.

Mr.

Speaker, the minimum hunting age has been lowered from 16 to 12 for small game –

SOME HON. MEMBERS:

Hear, hear!

MR. BYRNE:

– and from 18 to 16 for big

game, which align our age requirements with other jurisdictions in North

America. In recognition of the priority we place on hunter safety and public

safety, a youth must complete the firearms training, be tested in its completion

and is only permitted to hunt under the direct supervision of a qualified adult.

These

amendments, Mr. Speaker, are providing opportunities to mentor young hunters and

trappers, giving them the essential skills and knowledge to foster a hunting

culture where safe firearm use is the top priority. Mr. Speaker, safety must

always be paramount. Proper, responsible and effective firearms training among

our youth results in safe firearms practices that continues for a lifetime.

Improvements to the Program for Hunters and Anglers with a Disability now permit

a designated hunter to remain within 800 metres or line of sight, whichever is

greater, of the hunter with a disability. In addition, persons with disabilities

now have priority access to big game as a result of changes to the Problem Moose

Policy.

Mr.

Speaker, government has also taken action to enhance the hunting experience for

all hunters in the province by establishing earlier application dates for the

2018-19 big game draw, and we'll continue that in the future.

I'm very

confident these transformative changes will be extremely well received, as they

have been already, by hunters throughout Newfoundland and Labrador and help us

to achieve our goal of encouragin