Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 5 November 2019 (49th General Assembly, 1st Session, Vol. XLIX No. 13)

2019-11-05

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Members' Statements; Statements by Ministers — 5 November 2019 (49th General Assembly, 1st Session, Vol. XLIX No. 13)

2019-11-05

Newfoundland and Labrador — Debates (Hansard)

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November 5, 2019

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLIX No. 13

The

House met at 1:30 p.m.

MR. SPEAKER (Reid):

Admit strangers.

Order,

please!

We have

several guests in the public galleries with us today. I'd like to welcome Bill

Tizzard, Cyril Sears and Crystal Hill from the Royal Canadian Legion Branch 1,

visiting this afternoon for a Member's statement.

I would

also like to recognize members of the RNC's Intimate Partner Violence Unit, here

today for a Ministerial Statement, as well as representatives of the Paramedic

Association of Newfoundland and Labrador, also joining us for a Ministerial

Statement.

I also

understand the Minister of Children, Seniors and Social Development's sister is

here today in the gallery.

Lastly,

I would like to welcome Ms. Delahunty's grade eight class from Amalgamated

Academy in Bay Roberts today.

Welcome

all.

SOME HON. MEMBERS:

Hear, hear!

Statements by

Members

MR. SPEAKER:

Today we have Members'

statements from the Members for the Districts of Windsor Lake, St. John's

Centre, Topsail - Paradise, Terra Nova and Torngat Mountains.

The hon.

the Member for Windsor Lake.

MR. CROSBIE:

Thank you kindly, Mr.

Speaker.

Surrounded by friends and family, Denley Stone passed away on October 17 in

Clarenville from complications of diabetes, aged 72. Eulogist Ross Wiseman

mentioned one of Den's final acts, which deserves the attention of all who doubt

the resiliency of our system of government.

palliative care and looking eternity in the eye, Den made a profound commitment

to the democratic system of government which defines the Canadian identity, and

in which Den had invested his life as a volunteer and committed pillar of his

community. Two days before he passed, he summoned electoral officials, signed

his name to a special ballot and voted.

No truer

love for our institutions of government and the privileges it brings has any

person. May our younger generation carry his torch.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MR. J. DINN:

Thank you, Mr. Speaker.

A spirit

of service defines the work of Branch 1 of the Royal Canadian Legion, and makes

it the heart of St. John's Centre. Whether it's a bring-back-summer BBQ dinner

and dance, an Elvis tribute concert, or a St. Patrick's Day dart tournament,

Branch 1 finds creative ways to bring all members of the community together.

The

first event I attended as MHA was the legion's Christmas in July party. Bouncy

castles, a visit from firefighters, music, games of chance, a Christmas tree,

and of course, a visit from Santa Claus all made for a fun time for the many

families who attended, and I even got to play mummer – not pretty.

Branch 1

also looks after its own. The branch purchased two blanket-warming machines for

veterans living at the Veterans Pavilion and twice a year prepares meals for

them. It organizes events to acknowledge the service and dedication of its

members and veterans, and to award scholarships to well-deserving students. The

branch truly serves its community and country.

As we

approach November 11, it's important to reflect on the other mission of the

legion: to promote remembrance.

I ask

you now to join me in expressing gratitude to the members of Branch 1 for their

service to our community, our veterans, active military members and their

families.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER: The

hon. the Member for Topsail - Paradise.

MR. P. DINN:

Thank you, Mr. Speaker.

Today, I

rise to recognize a number of young athletes from Octagon Pond Elementary who

have had an impressive standing during the Annual Newfoundland and Labrador

Athletics Association Cross-country Running Series for Schools, which took place

this past September and October.

The

school placed first in the boys 2010 category for all three meets, and Ella

Meade placed third in the girls 2009 category. In all three boys meets, Theo

Tocknell placed second. Luke Fahey placed third in the first meet, and Ryder

Mugford placed third in the second meet. A great show by all.

preparation for the meets, the students would run in the school gym and the

school grounds and use the beautiful trails of Paradise. Where obesity among

young children is on the rise, it is encouraging to see young children being so

active. The school tries to instill a love of running while being active and

being part of a team which fosters a great sense of community within their

school.

Mr.

Speaker, I ask Members to join me in congratulating all athletes, and Octagon

Pond Elementary school, on a job well done.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Terra

Nova.

MR. PARROTT:

Mr. Speaker, I rise today in

this hon. House to congratulate the Bonavista Bay Search and Rescue team based

in Glovertown, who celebrated their 25th anniversary on November 2.

Volunteerism is never more evident than it is with these organizations. Often,

they embark on searches not knowing what the outcomes will be. As individuals of

the public, we only see happy outcomes. This is not always the case.

These

members undergo extensive training with the RCMP in mapping, compass-reading,

survival training, and some have even received helicopter and dog-search

training. They put themselves out there so that others may live.

I would

like to make a special mention of Alton Reid, who recently passed away, and

thank his family for his 23 years of service to search and rescue.

Having

personally worked with 103 Search and Rescue, I understand first-hand the

sacrifices that organizations like this make. They put their lives on the line

every time they receive a call.

Today, I

would like to thank the Bonavista Bay Search and Rescue team, along with all

other such organizations, for the good work they do.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Torngat Mountains.

MS. EVANS:

I rise today to pay tribute

to Tim McNeill, honorary recipient of the doctor of laws degree from Memorial

University in the fall of 2019.

A true

advocate, Tim came from humble beginnings. Born and raised in Makkovik,

Labrador, he had to leave home at the age of 13 to attend residential school in

North West River. He later studied at Memorial University and Mount Saint

Vincent University in Nova Scotia. Maybe it was this struggle that made him such

a strong advocate for Inuit access to education.

In 1990,

Tim became education advisor to the president of the Labrador Inuit Association,

a role he continued until 2005 when he was appointed deputy minister of

Nunatsiavut government's Department of Education and Economic Development.

Tim's

vision helped develop education programs for Inuit including the Inuit northern

nursing program, the Inuit Bachelor of Social Work program, and the Inuit

Bachelor of Education program.

Tim also

helped to develop key training opportunities for Inuit with Voisey's Bay mining

project, Lower Churchill project, and the Voisey's Bay Mine Expansion project.

He also

served on the National Committee on Inuit Education, which led to the creation

of the National Strategy on Inuit Education. Tim continues to be a strong

advocate in advancing Inuit education.

Please

join me in recognizing his contribution to the Inuit of Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Statements by Ministers.

Statements by

Ministers

MR. SPEAKER:

The hon. the Minister of

Children, Seniors and Social Development.

MS. DEMPSTER:

I rise today to recognize

November as National Adoption Awareness Month and November 9 as World Adoption

Day.

These

observances give us an opportunity to celebrate adoptive families for the

incredible role they play in the lives of children and youth.

When

families choose to adopt, they are making a decision that will change many

lives, as a child gains a loving home and the family gains an enriching

experience with a lifetime of joy.

Mr.

Speaker, our government appreciates how critically important it is to have

permanence in children's lives for their healthy development.

That is

why, in 2018 and again in 2019, we dedicated additional resources to matching

children and youth to adoptive families. I am very pleased to say this

initiative is producing many positive results.

In June,

we announced that we are undertaking the five-year statutory review of our

adoption legislation. Later this fall, we are looking forward to hearing from

key stakeholders and the public as we gather valuable input on how the

legislation affects children, youth and families in our province.

We are

committed to continuing to strengthen our legislation and practice in this very

important area.

Mr.

Speaker, I invite all of my hon. colleagues in this House to join me in

celebrating the many families who have chosen adoption, and in doing so, have

created or expanded their families by providing children of all ages with a

permanent home.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Placentia West - Bellevue.

MR. DWYER:

Thank you, Mr. Speaker.

I want

to thank the minister for the advance copy of her statement. I join the minister

to recognize November as National Adoption Awareness Month. Families opening

their homes for children and youth are playing a significant role in ensuring

these children are nurtured with love and happiness. We should be thankful to

the key stakeholders engaged in ensuring children receive the best care

possible.

behalf of the Official Opposition, our sincere appreciation to our many adoptive

families.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MR. J. DINN:

Thank you, Mr. Speaker.

I, too,

thank the minister for an advance copy of her statement. I join in recognizing

National Adoption Awareness Month and World Adoption Day. We, as parents, do not

own our children. We are there to love them and guide them in their life

choices. This is especially true for adoptive families.

In a

statutory review, we hope to hear more about supports for families and progress

being made in placing more children in loving, permanent homes.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further statements by

ministers?

The hon.

the Minister of Health and Community Services.

MR. HAGGIE:

Thank you, Mr. Speaker.

I rise

in this hon. House to share an experience I recently had when I came upon an

accident while travelling in my district.

In my

previous career, I was used to being the one on the receiving end. The one at

the hospital ready when accident victims and their family members arrived.

On this

particular day, however, the tables were turned. In the midst of upset, I saw

first-hand our paramedics in action. Calm, cool and collected. They displayed

the utmost professionalism and were ready to help in any way they could.

Mr.

Speaker, today on their Day of Advocacy, I want to recognize the Paramedic

Association of Newfoundland and Labrador, and all of our hardworking paramedics

across the province. They play a key role in delivering services with a shared

objective of having healthier people, families and communities.

We value

our working relationship. We will continue to work closely with the association

and our communities as we take steps to improve services province-wide.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Opposition House

Leader.

MR. BRAZIL:

Thank you, Mr. Speaker.

Mr.

Speaker, I rise today to join with the minister to recognize the Paramedic

Association of Newfoundland and Labrador on their day of advocacy.

Paramedics provide a critical service in our province. They tend to our friends,

families and loved ones in times of urgent need. They often carry out these

duties in challenging circumstances, circumstances that in some occasions can

mean a difference between life and death.

On this

day of advocacy, I invite all Members of this hon. House to listen to the

concerns of the paramedics of our province. On every single day, they work

diligently to save the lives of others. Let's work just as diligently to

collaborate to improve upon their issues and concerns.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East - Quidi Vidi.

MS. COFFIN:

Thank you, Mr. Speaker.

I thank

the minister for an advance copy of his statement. We owe a great deal to our

professional paramedics. When you need them, they are there.

With

respect, I remind the minister, government also needs to be there for them. One

of the many concerns the Paramedic Association has is the need for their service

to remain public and deemed an essential service. None of us want to see profit

introduced in the financing model of the vital service they provide.

We thank

our paramedics for taking such good care of us in our most trying times.

MR. SPEAKER:

Further Ministerial

Statements?

The hon.

the Minister of Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I am

proud today to stand here and recognize three outstanding members of the Royal

Newfoundland Constabulary.

The

RNC's Intimate Partner Violence Unit, consisting of Constable Lindsay Dillon,

Constable Nadia Churchill and Ms. Malin-Enström, received a Public Service Award

of Excellence in September – the highest honour an employee can receive from the

Government of Newfoundland and Labrador.

Some of

the initiatives of the Intimate Partner Violence Unit include: a pet safekeeping

program that provides emergency shelter for pets belonging to victims leaving

violent relationships; a lock exchange program that sees replacement locks

installed at homes of women who live in fear; and a cellphone program which

provides mobile devices to survivors who have had theirs damaged or stolen.

The unit

is a small but dedicated team that focuses on building trusting relationships

with survivors and communities. Using a person-centred approach, the team builds

trust between police and the community, helping to break down barriers for

people experiencing violence. The RNC's Intimate Partner Violence Unit helps

survivors feel respected, heard and safe.

Mr.

Speaker, I want to congratulate and thank Constables Dillon and Churchill, and

Ms. Enström for truly demonstrating a commitment to building safe and healthy

communities.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Harbour Main.

MS. CONWAY OTTENHEIMER:

Thank you, Mr.

Speaker.

I'd like

to thank the minister for an advance copy of his statement, and I'd like to join

him in honouring the members of the Royal Newfoundland Constabulary's Intimate

Partner Violence Unit: Constable Lindsay Dillon, Constable Nadia Churchill, and

Ms. Malin Enström, who just received a Public Service Award of Excellence – the

consummate honour for public servants.

Interpersonal violence is a nightmare for those who endure it. Without the

assistance of police officers and community groups, where would these survivors

end up? I applaud these three individuals and all of their colleagues and

like-minded individuals who are working with survivors on the very real

challenges they face as they endeavour to escape violence.

As we

debate a bill this afternoon, let's all take time to appreciate those who do

this work, and let's encourage the government to do even more to support the

personnel and programs that keep vulnerable people safe.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East - Quidi Vidi.

MS. COFFIN:

Thank you, Mr. Speaker.

I thank

the minister for an advance copy of his statement. I, too, congratulate these

RNC officers and staff on their exceptional work. Anyone can be the victim of

intimate partner violence, and it is important that we provide support for those

in dangerous relationships who make the decision to escape them. All these

programs remove barriers to getting out of an abusive relationship.

I'm also

happy to note that the RNC and groups in my colleague's District of Labrador

West have recently initiated these programs. This is an excellent initiative,

and I look forward to seeing them roll out province-wide.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Further Ministerial

Statements?

Oral

Questions.

Oral Questions

MR. SPEAKER:

The hon. the Leader of the

Opposition.

MR. CROSBIE:

Mr. Speaker, under the

equalization system adopted by the Trudeau federal government, Quebec receives

over $13 billion this year, which allows them benefits of a social nature

including the most affordable child care in the country. We receive nothing.

Does the

Premier think this is fair to this province?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well,

no. I've said publicly that I don't think it's fair, but I also don't think it's

fair when the Leader of the Opposition is basically putting this in the lap of

just one prime minister. If he remembers, it was actually the Stephen Harper

formula that we are now working under, Mr. Speaker. That is the formula we're

working under.

I'm

going to be tabling some letters in a few minutes that was asked of yesterday.

I'm sure the Leader of the Opposition must have those since they were publicly

released, and just a Google search would've had those.

Mr.

Speaker, we do not agree with the current formula. That has been very clear.

I've spoken loudly about that, Mr. Speaker. I've spoken to the prime minister,

but it is a federal program, I would say to the Leader of the Opposition. He is

very aware of that, and it was one that was designed by his friend, Stephen

Harper.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Mr. Speaker, as we seen on

other occasions, the Premier is very fond of resurrecting ancient past history.

The present equalization program was rolled over without any conversation or

discussion by the Trudeau government last year.

The

Government of Nova Scotia has been running surpluses for four years now and

boosting health and education spending and cutting taxes. All the while, they

received $2 billion in equalization yearly.

Does the

Premier think this is fair?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, I will tell you,

there are a lot of unfair things that happen in our society. One of the things

that is very unfair is what this province is subject to as a result of the

project that you exposed it to.

We're

currently having discussions – and I see your Members over there laughing right

now. Mr. Speaker, I see some there right now. Maybe they're not concerned about

the high cost of electricity rates in our province – nearly seeing the doubling

of electricity rates, Mr. Speaker. These are ongoing discussions we are having

with the federal government right now.

In the

letter that I will table shortly, you will not see any recognition or any

acknowledgement by your leader, Andrew Scheer, of the priority of rate

mitigation to the people of Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

The Premier says you, and I'm

not sure who he's talking to.

As for

our leader, Andrew Scheer, the PC Party of Newfoundland and Labrador is its own

separate party. The Conservative Party of Canada is its own separate party.

This

year, the New Brunswick government tabled a balanced budget that will see the

province's net debt decrease for the fist time in more than a decade, partly

because they received more than $2 billion this year in equalization. They got a

similar amount for years now.

Does the

Premier think this is fair to this province?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Mr. Speaker, no, it's not

fair. It's not fair what's happening in Nova Scotia, PEI, New Brunswick, Quebec,

Ontario and Manitoba right now. It is not fair the way the equalization formula

is designed. We have made that quite clear.

Now,

when he talks about his separate party – although, I do remember the 40 minute

meeting you had with Mr. Scheer out by the airport. So for you to say it's a

separate party, Mr. Speaker, I'd ask you: Why did you even go there if you want

to separate yourself from Mr. Scheer?

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Unlike the hon. Premier, I

take every opportunity I'm offered to lobby on behalf of the interests of

Newfoundland and Labrador.

SOME HON. MEMBERS:

Hear, hear!

MR. CROSBIE:

I'm glad he brought up his

dissatisfaction with the unfairness of the system, because in March 2017, the

Premier said: “We're going to stand up for this province and … make sure that we

get our share.” But he's sat on his hands ever since.

Does the

Premier think this is finally the time to stand up and fight?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Well,

it's really a political stunt that we see from the Leader of the Opposition, to

suggest I'm not speaking up for this province on things like rate mitigation.

These are discussions that are ongoing with all levels of the federal

government.

Mr.

Speaker, I will say, I have not been silent on issues that impact our province

when it comes to dealing with the federal government – not been silent at all.

There's been over $2.5 billion that has come in from the Atlantic Accord that

you – I would say to the Leader of the Opposition – misled the people of the

province about the value of that to Newfoundlanders and Labradorians.

There is

a lot of work to be done when you look at the unfairness the people of this

province has been subjected to. Some of those decisions were made by the party

that he is now leading.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Leader of the

Official Opposition.

MR. CROSBIE:

Independent commentators, Mr.

Speaker, have valued the Premier's so-called Atlantic Accord deal, the Hibernia

dividend deal, at $66 million a year, while the missing equalization payments to

us that he's failed to secure are worth hundreds of millions.

believe that we need, in this province, fundamental long-term changes to the

Canadian system of equalization, and the way to get federal attention on it is

through a referendum.

Is the

Premier going to stand up and fight for equalization reform with the new federal

Liberal minority government, and how does he plan to get their attention?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

I will

tell you, I will always stand up when it comes to bringing benefits for

Newfoundlanders and Labradorians, and we have brought quite a few of those

benefits.

SOME HON. MEMBERS:

Hear, hear!

PREMIER BALL:

Now, Mr. Speaker, there are

political stunts the Leader of the Opposition is referring to today. I'm

surprised it took him four questions to get to where he really wants to be.

Mr.

Speaker, when you look at the whole idea of a referendum, number one, it is not

legally binding in our province. Number two, it would not trigger the opening of

any equalization formula change. It just simply would not do that, Mr. Speaker.

widely know some of the political stunts the Leader of the Opposition has been

trying lately, and this referendum is just another one of those stunts.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Opposition House

Leader.

MR. BRAZIL:

Thank you, Mr. Speaker.

Mr.

Speaker, the provision of Emergency Health

and Paramedicine Services Act received Royal Assent on December 5, 2018, but

is not in force. The minister said the regulations could be in place within six

months or less, as it was a priority for his department. It is now almost a year

later.

I ask

the minister: When will the regulations be completed?

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

Again,

I'd like to recognize the work our paramedics do. I see some of them in the

gallery; they were in the department this morning. I'd say to them what we said

this morning: They don't need a day of advocacy to get through our doors,

they're always open.

SOME HON. MEMBERS:

Hear, hear!

MR. HAGGIE:

We have been working

diligently with the regulation piece. There are a lot of moving parts to it. We

are breaking ground in this province, Mr. Speaker. The important thing is to get

it right.

The

discussions with the Paramedic Association of Newfoundland and Labrador will

continue, and we look forward to getting them right. That's the important thing.

It's on its way.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Opposition House

Leader.

MR. BRAZIL:

Thank you, Mr. Speaker.

I do

agree with the minister that you want to get it right, but time is very

important here. We have professionals who can provide better services with

better dialogue.

Our

caucus met with the Paramedic Association of Newfoundland and Labrador today.

They shared their views on how to improve paramedicine services in our province.

To date, they've been consulted on equipment requirements for ambulances only,

but not on other issues that are important for the regulations under the new

act.

I ask

the minister: Does he plan to consult with the paramedicine association to seek

their input before finalizing the regulations?

MR. SPEAKER:

The hon. the Minister of

Health and Community Services.

MR. HAGGIE:

Several things in that

question, Mr. Speaker. We went to the paramedicine association today. So, yes,

to the latter half of the question.

In terms

of increasing the scope of service, community paramedicine, paramedicine at the

end of life and these kind of newer approaches to defuse primary care are

already started in this province. We have projects in Lourdes with community

paramedicine. We have over 250 patients at the end of their life enrolled

through Eastern Health's special patient number paramedicine-delivered service,

going to their houses to save these individuals trips that are difficult to the

hospital where paramedics can treat and leave these individuals in comfort in

their own home.

Yes, Mr.

Speaker, it's come, it's here and will get better with time.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Opposition House

Leader.

MR. BRAZIL:

Thank you, Mr. Speaker.

Mr.

Speaker, a provincial centralized medical dispatch was the cornerstone of the

Fitch report and is the key to improving ambulance services. Fitch recommended

in 2013 that it be operational within 18 months. Six years later, it's still not

in place.

Minister, when will the provincial centralization medical dispatch be fully

implemented?

MR. SPEAKER:

The hon. Minister of Health

and Community Services.

MR. HAGGIE:

Thank you very much, Mr.

Speaker.

I would

point out that the 18-month deadline from 2013 fell clearly in the Member

opposite's rule prior to the election.

Having

said that, Mr. Speaker, Central Medical Dispatch in Eastern Health is up and

running. We are in discussions with the ambulance providers because, courtesy of

the old-style contract arrangement we have with them, we do not yet have the

agreements in place for the private operators to use Central Medical Dispatch.

That is on the horizon and is part of the ongoing work of negotiations with the

private operators. Again, it's nearly there, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Stephenville - Port au Port.

MR. WAKEHAM:

Mr. Speaker, last week, the

community of Noels Pond and the Town of Stephenville were impacted by flooding

caused by significant rainfall. Flooding is not something new to the people who

live in these areas. In fact, they have had their land and their homes held

ransom for way too long.

Mr.

Speaker, I ask the minister: Will he immediately take the necessary steps and

action to permanently fix this problem?

MR. SPEAKER:

The hon. the Minister of

Transportation and Works.

MR. CROCKER:

Thank you very much, Mr.

Speaker.

I thank

the Member for the question. Mr. Speaker, as the Member alluded to, this has

been an ongoing issue for many, many, many years. I think there has been a

bypass road that previous administrations announced a numerous amount of times.

It's something I can assure the Member that we take seriously. There are some

issues around actually how we would do it.

Mr.

Speaker, if the Member opposite would like to sit down with myself and discuss

some of those options, I would be more than open to doing it.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Stephenville - Port au Port.

MR. WAKEHAM:

Mr. Speaker, because of the

continued flooding in Noels Pond and surrounding areas of Stephenville, farmers

are not able to plant crops, so valuable farmland is not being used. This

drainage issue is a man-made problem and requires a man-made solution.

Mr.

Speaker, I ask the minister to commit that he will ensure a solution is

implemented so that the people living in the area do not have to continue to

worry about future damage due to flooding.

Thank

you.

MR. SPEAKER:

The hon. the Minister of

Transportation and Works.

MR. CROCKER:

Thank you very much, Mr.

Speaker.

Again, I

thank the Member for the question. Mr. Speaker, in 2018 we did take some

mitigating measures during that construction season. Obviously, there's more

that needs to be done. Again, if the Member would like to take the opportunity

to sit down and have a discussion about it, I'm more than open to that

discussion.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Harbour Main.

MS. CONWAY OTTENHEIMER:

Mr. Speaker, the

Minister of Education and Early Childhood Development is aware that there's a

child with a physical disability in my district who spends time in a

split-parenting arrangement. While alternate transportation with a student

assistant is provided while the child resides at the mother's home, it is not

provided while the child lives at the father's home.

How can

the minister justify this blatant example of discrimination?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

Thank you, Mr. Speaker.

I have

had conversations with the hon. Member opposite. Certainly, it's a situation

that I've addressed. I sent the hon. Member back an email to that, and I wish

not to speak to specifics with regard to this case, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Harbour Main.

MS. CONWAY OTTENHEIMER:

Mr. Speaker, we're

in the House of Assembly and the minister said he can't comment. We need to be

able to discuss and debate important issues of public interest like this.

understand that the request was originally approved by the Newfoundland and

I'm extremely disappointed by the minister's callous disregard shown to this

child, and that he would allow this nickel-and-diming towards the most

vulnerable in our society.

Why is

the minister turning his back on this child with a physical disability?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

I take some exception, Mr.

Speaker, to the hon. Member's comments. I take exception to that. She clearly

read the email that I sent her, even though she didn't acknowledge the fact that

she read it. She asked me for my input, I sent her back an email and she didn't

acknowledge it.

To her

point, Mr. Speaker, with regard to the alternate transportation, the student

lives outside the alternate transportation area. And I'm not going to comment

again to the specifics of that, but she alludes to the fact that the district

approved it and the department disapproved it. That is not accurate.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Harbour Main.

MS. CONWAY OTTENHEIMER:

There appears to

be a strict adherence to a rigid policy here.

I ask

the minister: Is that more important than the right of a child to an education?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

Mr. Speaker, again, I'm not

going to debate this on the House of Assembly floor. If the hon. Member wishes

to meet with me face to face and have this discussion, I'm willing to do that at

any time. But again, I'm not going to speak to specifics with regard to this

issue.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Bonavista.

MR. PARDY:

Thank you, Mr. Speaker.

Just one

clarification: I mentioned yesterday about the school with the model of where

children come first. Maybe we should always look at all policies that we have

and hold dear and really have it that where children come first would be our

primary goal.

Mr.

another five school systems with a review to closing schools.

Can the

minister update this House on what parameters his department has given the board

to find efficiencies?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

Thank you, Mr. Speaker.

Reviews

by the school board happen on a regular basis. It's important to note that the

review does not necessarily mean that the school be closed. This is a district,

Mr. Speaker, that are doing their due diligence. It's something that's done on

an annual basis and I'd be disappointed, really, with the district if they

didn't do it.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Bonavista.

MR. PARDY:

Thank you, Mr. Speaker.

The last

school systems, the Board of Trustees ultimately rejected five of the six

recommendations and only closed one school with no students.

Mr.

Speaker, why is the minister causing stress and anxiety for our students and

parents in Marystown, Stephenville, Pilley's Island, Glovertown and Carmanville

areas if the process is flawed and will ultimately be rejected?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

Thank you, Mr. Speaker.

As the

hon. Member had pointed out, there are five areas of which there are going to be

reviews. One of those areas, Mr. Speaker, is in my own district. It is a part of

a process that is ongoing. The district, again, are doing their due diligence

and following through on making sure that the policies are adhered to and

they're looking at all schools, Mr. Speaker. These are the five that they've

acknowledged this year and are going to be doing their review.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Bonavista.

MR. PARDY:

Mr. Speaker, the Newfoundland

postpone any further school review processes, pending the minister's

departmental review of the Schools Act which started well over a year ago.

Again,

why is the minister allowing the board to contravene their own decision in these

communities?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

Again, Mr. Speaker, the

school district, they have obligations here to government. They have obligations

to the schools. They have obligations to the province as a whole and they're

just doing their due diligence. There's nothing more, nothing less than that.

They have a fiduciary responsibility at the district level and they're just

carrying that through, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Bonavista.

MR. PARDY:

Thank you, Mr. Speaker.

question is for the Minister of Education and Early Childhood Development again.

Media reports have documented the sad story of a grade 12 student, Alex Mercer,

who has been the subject of harassment and homophobia in one of our schools for

months.

After

bravely facing taunts and name calling for months, the family feels the system

failed Alex and turned a blind eye towards this reprehensible behaviour.

Will the

minister commit to a review of this situation?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

Mr. Speaker, it's disturbing

to hear of such incidents. Student safety must be top of mind at all times in

everything we do, whether it's in school, outside of school or in our

communities. Mr. Speaker, we work closely with the school districts to ensure a

safe environment for all our students.

Again,

I'll be willing to sit down with the hon. Member to discuss this incident

further, and we'll commit to the review, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Bonavista.

MR. PARDY:

Mr. Speaker, Alex Mercer was

relentlessly bullied to the point he has left the province and has relocated to

Fort McMurray to finish the school year. Alex stated: I no longer feel safe in

the school.

In light

of this shocking admission, how can the minister assure us that the Safe &

Caring Schools Policy is working?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

I'm glad the hon. Member brought up the Safe & Caring Schools Policy, Mr.

Speaker. We're in a position right now where we're reviewing that particular

policy and, certainly, these incidents that the hon. Member has mentioned.

Again,

safety has to be top of mind with regard to our students. I take that, as do my

government, very seriously and we'll ensure that those policies are put in

place.

Again,

with regard to our educators, Mr. Speaker, it's important to note as well that

we'll put training in the area of being able to recognize these incidents before

they happen.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Bonavista.

MR. PARDY:

I thank the minister for the review.

Will the

minister ask the Child and Youth Advocate to review systematic bullying in our

schools?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

I didn't hear the question, Mr. Speaker.

MR. PARDY:

I'm just asking: Will the minister ask the Child and Youth Advocate to review

systematic bullying in our schools?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

It is our plan, Mr. Speaker, to be sitting down with the Child and Youth

Advocate fairly soon, so I'll make sure that it's brought up.

Thank

you.

MR. SPEAKER:

The hon. the Member for

Bonavista.

MR. PARDY:

Thank you, Mr. Speaker.

In a

recent media story on school violence, 9 per cent of boys and 15 per cent of

girls reported having been sexually assaulted. This means that in a class of 20

females, three report having been sexually assaulted by another student.

Mr.

Speaker, what is the minister going to do to respond to this situation?

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

Again, Mr. Speaker, it's our

intention to work closely with the school district to ensure a safe environment

for all students. School administrators have been directed to report any

allegation of sexual misconduct to the regional assistant director of education.

Mr.

Speaker, again, we're doing a review of our Safe & Caring Schools Policy and,

certainly, this will be part of the review. To the Member's question, we take

this very seriously.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for

Bonavista.

MR. PARDY:

Thank you, Mr. Speaker.

I'm sure

the minister does, no doubt.

One

thing I would include in a review is that a national recommendation for school

psychologists would be one in 750 students. A part of the review ought to look

at the available school psychologists, for example, in the Avalon East which

would be one for 2,600. I think you can look at school counsellors in the same.

When we

looked at yesterday with the size of Heritage Collegiate where we have 33

students, the number of practitioners we have in our school system is certainly

impacting a lot of the things that the questions evolved around and should be an

integral part of the review.

The

story also documented, the one I referenced recently –

MR. SPEAKER:

I'd ask the Member to ask his

question immediately.

MR. PARDY:

I will.

Thank

you, Mr. Speaker.

The

story also documented troubling stories of a lack of documenting and reporting

of sexual incidents –

MR. SPEAKER:

I ask the Member to ask his

question.

MR. PARDY:

I'm asking it right now, Sir.

MR. SPEAKER:

Yes.

MR. PARDY:

Mr. Speaker, thank you.

What has

the minister done to ensure appropriate reporting of these incidents, including

notifying respective law enforcement agencies and the Child and Youth Advocate?

MR. SPEAKER:

The hon. Minister of

Education and Early Childhood Development.

MR. WARR:

Mr. Speaker, I thank the hon.

Member for the question.

In the

360, a program designed to provide data on all manner of behavioural incidents

within the school environments.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. Member for St.

John's East - Quidi Vidi.

MS. COFFIN:

Thank you, Mr. Speaker.

In the

face of climate change, Equinor, our planned Bay du Nord partner, has a

transition plan to get off oil. The Way

Forward is not a transition plan.

I ask

the Premier: If an oil company can have a detailed transition plan to get off

oil, why can't we?

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

What we

know about the use of oil in our society today, it is still – from what we've

been told and from what expectations would be is that the forecast is still to

increase between now and 2040. Mr. Speaker, when you look at the GDP in our

province right now, it's about 17 per cent dependent on oil, which is

considerably less than where it was a few years ago.

Mr.

Speaker, what I will say, as I mentioned here yesterday, when you look at

climate change, this is a global problem. When you look at the amount of carbon

per barrel of oil, Newfoundland and Labrador has some of the best in the world.

So it's not unusual that companies like Equinor are looking at places like

Newfoundland to invest, simply because the oil offshore Newfoundland and

Labrador is some of the best and cleanest in the world.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's East - Quidi Vidi.

MS. COFFIN:

Thank you, Mr. Speaker.

I ask

the Minister of Justice, will he spare the Auditor General an onerous, costly

and divisive investigation and simply tell us why government did not cap the

Muskrat Falls wetlands?

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

Certainly, I'd love to spare the Auditor General investigation, but the reality

is I'm still wondering why I wasn't called to testify before the Commission of

Inquiry. I'd be happy to speak about it.

Given

the fact it was brought forward to the PAC and it has been moved to the Auditor

General, I think I'm in a position where I will wait to hear from the Auditor

General and I will be more than happy to tell my side.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Labrador West.

MR. BROWN:

Mr. Speaker, in Labrador West

people are couch-surfing, living in cars, using and losing temporary housing.

Homelessness is increasing in the wealthiest district per capita in the

province, and across Labrador.

I ask

the Premier: Is this his idea of the way forward?

MR. SPEAKER:

The hon. the Minister of

Children, Seniors and Social Development.

MS. DEMPSTER:

Thank you, Mr. Speaker.

I thank

the hon. Member, my colleague from Labrador, for the question. It gives me an

opportunity to talk about some of the important work that's happening with

housing, Mr. Speaker.

Back in

the spring we signed an agreement, the Premier and I, with the federal

government; a $270 million agreement that will represent an historic level of

investment in this province, Mr. Speaker.

What the

Member is referring to is he makes his home in a mining town where a lot of

times we see boom and bust, boom and bust. We're grateful to see that the mining

activity is increasing there right now, but oftentimes that comes with

challenges on the housing side.

I've

been in touch with the Member. We have a number of vacant units in Labrador

West, Mr. Speaker, and we are sending a technician there. We are going to do

whatever we can to get those vacant units open to decrease the number of people

wait-listed in the Labrador West area.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MR. J. DINN:

Thank you, Mr. Speaker.

Yesterday, the Minister of Municipal Affairs and Environment said he would not

comment on a case before the court, and I was not asking for a comment. I was

asking if he would render the case unnecessary. So this question is for the

Premier.

Given

the environmental disaster of some 2.6 million salmon deaths in Northern Harvest

sea pens and the fact that an additional 2.2 million salmon may be destined for

the same pens, I ask the Premier: Is he seriously considering proceeding with

another costly court case instead of ordering a full environment assessment that

includes the open-net sea pens?

MR. SPEAKER:

The hon. the Minister of

Fisheries and Land Resources.

MR. BYRNE:

Mr. Speaker, before the hon.

Member qualifies and dictates that there was an environmental disaster, I would

encourage the Member to seek informed opinion, informed advice. The Department

of Fisheries and Oceans Canada is conducting an investigation under their

jurisdiction. The extent of that investigation should be revealed by them.

I would

encourage all hon. Members and any one who has an interest in this issue to

reach out, as I have done, to the federal government to seek exactly where this

may lie, if there any charges pending under the

Fisheries Act , the Canadian Environmental Protection Act, the Canada

Shipping Act or the Migratory Birds Convention Act. With that information, we can all make better decisions as well,

Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for St.

John's Centre.

MR. J. DINN:

Again, I'm asking not about

the investigation by DFO, I'm asking about the ecojustice court challenge that

will start tomorrow.

I'm

asking, simply by allowing a full environmental assessment of the sea pens, we

can nullify the expense to the province and get some straight answers that might

even help with the investigation that the minister just referred. So, I would

like an answer on the ecojustice case.

MR. SPEAKER:

The hon. the Minister of

Municipal Affairs and Environment.

MR. BRAGG:

The case in which the hon.

Member refers to is before the courts and while it is before the courts, we will

not be making any comment on that case. When it comes out of the courts, Mr.

Speaker, we will comment at that time.

Thank

you very much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The time for Question Period

has expired.

Presenting Reports by Standing and Select Committees.

Tabling

of Documents.

Tabling of

Documents

MR. SPEAKER:

The hon. the Premier.

PREMIER BALL:

Thank you, Mr. Speaker.

Yesterday, in Question Period, the Leader of the Opposition made reference to

some letters that came back to the province in response to a letter that I sent

to all national leaders.

Mr.

Speaker, I will say before I table these reports – I have them here – they have

been publicly available now for a few weeks. The information is there and I'm

sure it will be interesting reading for the Leader of the Opposition. Especially

the one I would draw his attention to is the one from Mr. Andrew Scheer.

Thank

you.

MR. SPEAKER:

Notices of Motion.

Notices of Motion

MR. SPEAKER:

The hon. the Minister of

Service NL.

MS. GAMBIN-WALSH:

Mr. Speaker, I give notice

that I will ask leave to introduce a bill entitled,

An Act To Amend The

Automobile Insurance Act, Bill 9.

MR. SPEAKER:

Further notices of motion?

The hon.

the Minister of Fisheries and Land Resources.

MR. BYRNE:

Mr. Speaker, I so

respectfully give notice that I will ask leave to introduce a bill entitled, An

Act To Amend The Forestry Act, Bill 10.

MR. SPEAKER:

Further notices of motion?

The hon.

the Minister of Justice and Public Safety.

MR. A. PARSONS:

Mr. Speaker, I give notice

that I will ask leave to introduce a bill entitled,

An Act To Amend The

Enforcement Of Canadian Judgments Act, Bill 12.

Further,

I give notice that I will ask leave to introduce a bill entitled,

An Act To

Amend The Public Trustee Act, 2009, Bill 11.

MR. SPEAKER:

Further notices of motion?

Answers

to Questions for which Notice has been Given.

Petitions.

Petitions

MR. SPEAKER:

The hon. the Member for

Topsail - Paradise.

MR. P. DINN:

Thank you, Mr. Speaker.

WHEREAS

many students within our province depend on school busing for transportation to

and from school each day; and

WHEREAS

there are many parents of school-aged children throughout our province who live

inside the eastern school district's 1.6-kilometre zone, therefore do not

qualify for busing; and

WHEREAS

policy cannot override the safety of our children;

THEREFORE we petition the hon. House of Assembly as follows: We, the

undersigned, call upon the House of Assembly to urge the Government of

Newfoundland and Labrador to eliminate the 1.6-kilometre policy for all

elementary schools in the province, and in junior and senior high schools where

safety is a primary concern.

Mr.

Speaker, this has been a petition that has been presented a number of times by a

number of Members. I continue to get requests from my constituents on the safety

issue that surrounds the 1.6-kilometre zone. In my district alone, there are

four K to 6 schools, as well as a K to 4 school. All young children all trying

to get to school in areas in which there are no sidewalks or no place for them

to walk to get there.

understand now, or people can just realize, that if you look at the Farmers'

Almanac, we're projected to have one of our worst winters of all. During that

time, you're going to have a lot of snow on the ground; people will not be able

to get to school. Places to walk certainly will be eliminated. I think we need

to step up.

I think

about what the minister responsible said today: Student safety should be top of

mind. That wasn't me; that was across the way – student safety should be top of

mind, and we take this very seriously. This is a student safety issue. Getting

kids to school safely and making sure their pathway there is safe and not

treacherous is something we should be keeping top of mind.

I ask,

on behalf of these individuals, that we, as a government, reconsider this and

eliminate the 1.6-kilometre policy.

MR. SPEAKER:

The hon. the Minister of

Education and Early Childhood Development.

MR. WARR:

Thank you, Mr. Speaker.

I thank

the Member for his petition. Mr. Speaker, I'll start off by saying that our

province has one of the best busing policies in the country.

SOME HON. MEMBERS:

Hear, hear!

MR. WARR:

I'll repeat that, Mr.

Speaker: We have one of the best busing policies in the country. When the House

of Assembly recessed in June, we had 649 courtesy stops. I've taken every phone

calls from every Member opposite; I've taken every phone call from every Member

on this side. To date, Mr. Speaker, we have 705 courtesy stops.

SOME HON. MEMBERS:

Hear, hear!

MR. WARR:

That's an additional 57 stops

where we went and investigated. Every phone call that we took from Members, Mr.

Speaker, I can assure you were investigated.

I've

been working with regard to the safety – and I appreciate the Member bringing up

the safety aspect because it is paramount. I've been working with both the

Minister of Transportation and Works and the Minister of Municipal Affairs and

Environment on several initiatives around student safety. Again, our current

policy is working and we'll continue to work with the district to recognize

areas that need to be changed.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for

Torngat Mountains.

MS. EVANS:

Thank you, Mr. Speaker.

present this petition on behalf of the residents of Rigolet, Labrador.

The new

ferry

schedule for 2019 cuts our transportation service in half. This is a

drastic reduction.

We are

isolated for seven months out of the year. To have a ferry steam past within a

mile of the dock is doing us great injustice.

We will

lose a reliable and affordable service that can connect us to the south and

beyond. We also stand to lose the Cartwright, NL connection to a highway that

leads us in a timely manner to other parts of the province.

utilize the ferry service at every opportunity. It's the only economical means

of travel and freight provision that is provided to our community by the

province for five months out of the year.

THEREFORE we petition the hon. House of Assembly as follows: we the undersigned

residents of Rigolet, Newfoundland and Labrador call upon the House of Assembly

to urge the Government of Newfoundland and Labrador to reinstate the ferry

service to include our community on the South Coast run.

Now, why

is this petition important? This petition is very, very important to the

residents of Rigolet because they are isolated. There are no roads. Not like on

the South Coast where you can get into your vehicle and you can drive, get on a

highway, leave the province and visit family and friends in other communities.

This service is critical.

As this

petition says, the ferry now steams within a mile of the port of Rigolet. There

are family and friends in Cartwright and in Black Tickle that they can't visit.

When I mean can't visit, it's because their only means of transportation is once

per week during the summer the North Coast ferry will take them into Goose Bay.

With all the weather delays and that, they don't even have access to that

anymore.

What I'm

saying is in order for people to be able to travel and visit their friends and

their family in other communities, Cartwright and Black Tickle, right now the

only means for them is to fly. In actual fact, they can fly into Goose Bay at a

cost of $361 but then they have to hitch a ride from Goose Bay to Cartwright or

they can fly standby on a medical flight at a cost of $391.88. So what's

happening right now, if you want to visit your mother or your grandmother in

Cartwright or vice versa, it's going to cost $800, and that's basically flying

stand by.

I think

the reason why this petition is so important is because that's unacceptable. I

talk about erosion of services, and I think what people are saying on the North

Coast is true. Erosion of transportation services is actually a form of

resettlement by this government, and I challenge anyone to prove to me

different.

MR. SPEAKER:

The hon. the Minister of

Transportation and Works.

MR. CROCKER:

Thank you very much, Mr.

Speaker.

I thank

the hon. Member for the petition. Mr. Speaker, over recent weeks I've met with

the NG, I think on three separate occasions. I've met with the Innu.

Mr.

Speaker, we know the first year of this ferry service there are going to be some

changes, and a conversation is going to happen this winter. I committed Thursday

past in a call with Minister Mitchell of the NG to actually forming a committee

this coming winter; a working committee to make sure we work out some of the

challenges we found in this system over this season.

Mr.

Speaker, the reality is it's not all doom and gloom. This season, for the first

time ever, we've moved over 10,000 tons of freight up until the end of October;

a 34 per cent increase year over year. If you think about that, in 2018 we moved

8,000 tons of freight. This year we've moved 10,700 tons of freight. Mr.

Speaker, for the first time ever, we've moved over 350 personal vehicles on a RO

RO service that wasn't offered before.

There

are some challenges with this system, but we look forward to an opportunity this

winter to work some of those challenges out.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Mount

Pearl North.

MR. LESTER:

Mr. Speaker, the

Adopt-a-Highway program exists in most provinces and provides organizations,

volunteer groups and businesses the opportunity to contribute to local

communities and our province by removing litter from roadsides or interchanges.

Under

the program, volunteer organizations participate in the clean up on the

right-of-way of provincially designated highways. This is consistent with the

province's objective to enhance tourism by beautifying transportation

infrastructure.

It gives

residents an opportunity to engage in a meaningful environmental endeavour which

enhances their communities. After a cleanup our province benefits in many

different ways; instantly the appearance of our province improves, the

environment is aided, tourism is strengthened and wildlife's attraction to

roadways is reduced.

THEREFORE we petition the hon. House of Assembly as follows:

We, the

undersigned, call on the House of Assembly to urge the Government of

Newfoundland and Labrador to reinstate the Adopt-a-Highway program in our

province to aid in environment and strengthen our tourism.

Mr.

Speaker, this program existed for decades, and for whatever reason it was

cancelled several years ago. Not only does it aid our environment, it also

provides people with the opportunity to get out and feel productive, get

exercise in the fresh air and really make a difference to the possibility of

increasing tourism and improving the environment. It's just a great thing to do.

It's a really feel good thing, and it's beyond me why we can't put this policy

back in place.

The

desire is there from different communities, the desire is there from different

organizations. It's a win-win situation for all.

behalf of the signatures underneath, I therefore present this petition to the

minister for his comment.

MR. SPEAKER:

The hon. the Minister of

Transportation and Works.

MR. CROCKER:

Thank you very much, Mr.

Speaker.

I thank

the hon. Member. Like the hon. Member, I'm not sure when this program was

cancelled or was left or abandoned but it's certainly something I would take

under advisement and go and look at.

Mr.

Speaker, as a government – and I know the previous administration, as well,

invested in cleanups. I know the Outer Ring Road is particularly a problem as it

leads to Robin Hood Bay. This past year I know we did invest in a cleanup along

with Clean St. John's – and Metrobus was also a part of it – to actually clean

up the Outer Ring Road.

Anything

that we can do on our highways and our roadways throughout the province to clean

them and make sure – many community groups throughout the year have spring

cleanups. Mr. Speaker, anything we can be doing to encourage that, I strongly

support.

I thank

the Member for his petition.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

Orders of the Day.

Orders of the Day

MR. SPEAKER:

The hon. Government House

Leader.

MS. COADY:

Thank you, Mr. Speaker.

Order 3,

second reading of Bill 6.

MR. SPEAKER:

The hon. Minister of Justice

and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

I move,

seconded by the Government House Leader, that Bill 6,

An Act Respecting

Disclosure Of Information Under An Interpersonal Violence Disclosure Protocol,

be now read a second time.

MR. SPEAKER:

It has been moved and

seconded that Bill 6,

An Act Respecting Disclosure Of Information Under An

Interpersonal Violence Disclosure Protocol, be now read a second time.

Motion,

second reading of a bill, “An Act Respecting Disclosure Of Information Under An

Interpersonal Violence Disclosure Protocol.” (Bill 6)

MR. SPEAKER:

The hon. the Minister of

Justice and Public Safety.

MR. A. PARSONS:

Thank you, Mr. Speaker.

Today,

I'm very happy to be able to stand up here and to be dealing with this act,

which when you read it on the paper, when you read its technical name or its

full name, I don't think quite imparts the magnitude that I think a bill of this

nature will have, nor the common title that's associated with this. The act is

An Act Respecting Disclosure of Information under an Interpersonal Violence

Disclosure Protocol, but it's more commonly known as something called Clare's

Law.

One

thing I will point out to any of those who may be listening or watching or

wondering about this piece of legislation, I would point out right off the top

that this is a piece of legislation that is enabling in nature. The legislation

here itself will not see the implementation of the protocols that normally

accompany a law of this nature. This piece of legislation will allow this

protocol to happen. It will allow us to go to work, to commence the work that is

necessary to make the protocol happen here in this province.

I can

say, after speaking to staff within the department, after looking at other

jurisdictions, the fact is that this work will likely take somewhere in the

realm of 12 months, based on other jurisdictions and what they've seen.

So, I

will go back to the beginning when we talked about what is Clare's Law. Clare's

Law is a law that originated out of the UK. It comes from something that – it's

not just a Newfoundland and Labrador problem, it's not just a Canadian problem,

but, sadly, it's a problem we face all over this world, and that is domestic

violence. That is violence amongst partners, primarily affecting women.

In the

UK, what happened in that particular case was a dad led the crusade after his

daughter was murdered by a partner that she did not realize had a violent

criminal past and previous instances of domestic violence. This was an

individual who had a past, who had a history and had a very strong prevalence of

continuing to take up this type of abusive, criminal behaviour with partners

that he had. In this case, the young woman did not know any of this; did not

know about the past, did not know about the criminal record, did not know about

the abuse until, sadly, her life was taken.

there's a silver lining to come out of that is that her father, and many others

in the UK, led the charge to have something called the Clare's Law or this

interpersonal disclosure. What this does is it allows for police forces in the

jurisdiction to release information to those individuals who are prescribed to

have the right to know of a person's previous criminal history when it comes to

certain offences, which sounds very good.

The

reality is – and I'll get into all the different issues that arise from

something like this when we talk about privacy, when we talk about access to

information, when we talk about safety. There are so many different aspects to

this which makes it an interesting but complex piece of legislation and protocol

to put into place. One that we still do not have, even when you look at the

research coming out of the UK and being used by other jurisdictions, we don't

have the full extent of the success of this protocol.

Again,

this would probably be a good segue to today we recognized three individuals

with the Royal Newfoundland Constabulary: Constable Dillon, Constable Churchill

and crime analyst, Ms. Malin Enström. They were awarded the Public Service Award

of Excellence. What they deal with is the Intimate Partner Violence Unit.

Ms.

Enström said to me today – we had an opportunity to have a chat. We talked about

their work earlier, and sometimes she said it's hard to quantify the stats

because it's preventative. If you prevent it from happening, there is no stat.

That's one of the things, we don't fully see it.

Again,

to segue back into this, I've read a lot of the research. I've read a lot of the

stories, news commentaries and writings by academics. A couple of the

individuals talked about the success of this disclosure protocol. They talk

about, does it really benefit? My primary question that I would toss out is,

does it hurt? And the fact is, it does not. This will not get in the way of

doing its intended purpose, which is to help save lives, which is to help

prevent women, primarily, from entering into relationships or being in

relationships with those with a previous abusive past.

Now,

that sounds great and that sounds very easy and simple, but we all know – and

especially those individuals here today with the Royal Newfoundland Constabulary

know – that just this one piece of legislation is not going to be the cure-all,

is not going to be the be-all, end-all of stopping domestic violence, stopping

violence between people.

We know

that some of these issues exist that are outside of Justice. I look at my

colleague who is responsible for Housing, and we know that housing is an issue.

We talk about it all the time. The fact that leaving a relationship – sometimes,

sadly, people stay in these relationships because, where do they go?

We talk

about the financial impacts. I look at my colleague, the former Minister

Responsible for the Status of Women, the current Government House Leader. I look

at my colleagues, all my colleagues in the House have played a role in this.

We've talked about some of the challenges we face – when we come at the

financial challenge, when we look at children, we look at the court system. We

know the work doesn't end, but this is one thing that I think will have benefit.

It will not fix everything, but I think it will bring some positivity, and

hopefully some productive means to help. Again, it's one step in the right

direction.

So going

back to the legislation itself, Mr. Speaker. The act itself is not substantive,

and anybody who looks at it can tell. A very simple reading of it, it clearly

mentions in the legislation the regulations a number of times. The regulations

are the protocol, and that is what's going to be drafted once this bill is

implemented. Again, I'm assuming there's going to be good debate to this, but

I'm strongly hoping there will be support of this piece of legislation so that

we can begin the hard work of figuring out, how do we implement this concept

into our current system.

The law

itself doesn't fix the situation, it's the protocol that emanates from this

piece of legislation. When we look at it, we talk about an applicant, disclosure

information, protocol, police force, person at risk.

Again,

it's very simple: “3(1) A police force may, in accordance with the … Protocol,

provide disclosure information to (

a) an applicant; (

b) an individual referred

to in subsection (2); or (

c) a person at risk.

“

(2) An

individual or a class of individuals ….”

sometimes it's not just the individual. Many people have a very tough time going

to police forces reporting this. We all know that for every case that's

reported, there are countless others that go undocumented. They are never

reported, and for various reasons, and that's the sad part here. In many cases

it's the family, the loved ones, the friends of those individuals.

Again,

you talk to social workers, they hear this, they see this, and it places, in

many cases, a duty on them to disclose this. One of the things I like about

this, it's going to enable various classes of individuals to apply for the

information, and also safeguarding that information as well. I would point out,

that in many cases police forces already have a pre-existing ability to disclose

information. That's already there. That's not a new concept. The police have

already been able to do that.

We move

forward; again, it's not huge here: confidentiality. Simple things. Obviously,

the information has to be given out for the right purposes. We want to avoid

situations which – again, something we see so constantly now in every facet,

whether it's financial or health or personal, private information, the

disclosure of it for negative or criminal or malicious means. We see that all

the time.

wasn't that long ago we were dealing with intimate image legislation here in

this House, where people were sharing images, sharing information to hurt

someone. The same goes for this. This is information, and all information has

power, the ability to hurt somebody if it gets in the wrong hands or it's used

for the wrong reasons. So we want the information to be disclosed here, but it

has to be done for the right reasons.

We move

forward, and then we get into the regulation side of it. That's where the hard

work is going to come in. Again, I wanted to make quite clear, as we were

talking amongst the department this morning, and in previous weeks and previous

months, we talked about how this is a big piece of legislation, but we want to

make sure the public doesn't think that this law is now in place and that you

can go forward and get this. We wish that was the case, but the reality is it

takes a substantive amount of work, a significant amount of work, and that work

has to happen. There's no point of putting forward a protocol that is not well

thought through or that, in many cases, may cause more problems than it fixes.

That's a

reality when we talk about something so significant as this, when we talk about

situations involving individuals, when we talk about privacy, when we talk about

criminal records. The reality is that safety – one of the issues that comes up,

in many cases what we've seen in the past, the person gets the information,

they're able to be put in a position where they can make a decision. Sometimes

after that decision is made, that's when sometimes the trouble can really start

as well, when we talk about a relationship that ends. This is sensitive stuff

and that's why we've been very careful with this. We will continue to be careful

and do this and do it right.

The

protocol is different everywhere. We cannot do the same as they do in the UK.

There are other jurisdictions in this country; Saskatchewan is probably in the

lead right now. They've brought their piece of legislation into force. It

received Royal Assent, it's been proclaimed and now they're working on that

protocol. British Columbia has done a private Member's resolution on this in

their legislature. Alberta is moving forward with this.

When you

talk about that, one of the big things they talk about: Why are we doing this?

Saskatchewan, I think the stats will show, is in the top three highest rates of

violence against women. It's a startling, startling number and the fact is we

have a significant amount here. Are we in that same range? No, we are not, but

we have too much – we have too much. That is the sad reality is that the

documented rates are high and the undocumented rate, one can only assume makes

that rate higher.

We go

back to what happens here. Well, we have to figure out a number of steps. Who

can apply exactly? Is it the individual who's at risk? Is it the individual who

is on behalf of that individual? There are sensitivities here. Can anybody just

walk in and request information on another person? We have to figure that aspect

out.

What

information are you allowed to receive? Are you allowed to receive any part of

their criminal record? What if they have non-violent crimes? What if the crime

does not show a pattern of harm, maybe it's something different? We have to

figure it out. In the UK they have a list of offences that qualify for this

protocol; others don't.

Every

place is different in terms of their police forces. In this province, we have

two police forces that would be responsible for the safety of our populous, but

that's not the same in every province. In some other provinces – in Alberta, for

instance, they have municipal police, they have city police in Calgary or

Edmonton and they also have their RCMP. Every province is different. That's why

the protocol will be different.

What I

can say to those that might be listening is that I think this is a good

opportunity. We will be reaching far and wide when it comes to the development

and implementation of this. We're lucky to have great police forces. We're lucky

to have good relationships with other jurisdictions to see what the pitfalls

were when they went through this process. What have they learned through this

process?

Saskatchewan, particularly, we've had an amazing relationship with. They've done

good work and it's a chance for us to take that and bring it back here and apply

it here. We'll be speaking to women's groups; we have a department responsible

for the Status of Women. We have so many advocates in this province and I've

been very lucky to sit at tables with many of them. Survivors of violence,

they're going to want to have a say here. There's a lot that goes into it.

Not only

that, we've consulted with the Privacy Commissioner on this because, again, we

are talking about individual's information. Depending on who you talk to, some

would say that safety trumps information, and that very well may be the case. I

can tell you that if it involved my daughter, that's the viewpoint I would take.

But, at the same time, we have to realize that we cannot just – again, we could

go down a rabbit hole here talking about safety and personal protection and the

disclosure of information.

We've

dealt with that, not just in this country but in this continent. It's going to

be a significant process here. I'm happy to be a part of that work and I look

forward to the work that's going to be done by multiple Members of this House,

multiple people in various departments, because it's not just a Justice issue.

Health has been playing a role here. Children, Seniors and Social Development

has been playing a role here. Education has been playing a role here.

The

other thing – I keep going back to this. To me, when we talk about this issue,

talking to the individuals today because we're dealing with reactive, but we

have to deal with preventative. In many cases, we're talking with individuals

who acknowledge and realize what they do is wrong, but we have to find the

resources to help these individuals to fix this problem.

One of

the things I keep coming back to: kids. We have to get them at their earliest.

We have to teach them at their earliest, and I don't think I'll ever get a

dispute over that.

Another

issue that comes out of this: What's the timeline on this process? How does it

work? A couple of things I will point out, that I think are interesting, we

would definitely like to see an online component to this so that an individual

does not need to report to a police station to do this. I think somebody should

be able to do it from the safety and security of their own home or a place that

they feel comfortable. That's one component.

The

other thing is being able to do it in your own language. Labrador – and again, I

look at my colleague for Lab West. We spoke just in the last couple of weeks

when I was up in Labrador and we were over in Happy Valley-Goose Bay. I don't

think there's much point to this if you're being forced to do it in not your

first language. We want to make sure that this is something that's accessible by

This is

something that we're working on. We need to make sure that this is accessible to

people where they are, when they are ready to do it. You only have to talk to

one employee at a women's centre. It's funny, I talked to Tanya Hawco who is the

executive director of the one back in Port aux Basques and she talked about a

person that came in, just as Tanya was leaving for lunch. Tanya said we'll sit

down and we'll talk. This person had driven by five times that morning, parked,

left – driven by, parked, left, because they weren't ready. They were not ready.

So we

need to make sure that we are ready whenever they are ready to talk and to be

ready to move forward. That's a huge component of this. You can't just expect –

this not a 9 to 5, Monday to Friday deal. This is 24-7, sadly. When it comes to

people being able to talk and share their information and build that trust and

that confidence that they need so that they can feel safe and secure doing that,

that's what we need to enable.

That

being said, Mr. Speaker, there's a lot I could talk about, but I would just be

belabouring the point, and I realize that we'll have more opportunity during

debate and we'll have more opportunity during Committee.

I would

like to thank the staff of the Department of Justice and Public Safety who I

understand did give a briefing to Members of government caucus, as well as

Members of other caucuses, and I hope that that was informative. I certainly

appreciate the work that our staff have done moving this forward. I got to tell

you, we're lucky to have them doing this work, doing the legwork behind it, and

I appreciate that and appreciate them. And again, they will be listening to

this, because they have a vested interest in this too. This is work that they

want to be doing, and they want this to succeed as well.

On that

note, Mr. Speaker, what I will say is that I'm very happy to stand up here today

on second reading. I look forward to the forward progression of this piece of

legislation, and, more importantly, once I assume that this bill is passed, I

look forward to the work, seeing the protocol get done, established, and

hopefully one step further in making this a safer province for women and girls.

Thank

you very much.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER (Bennett):

The hon. the Member for

Harbour Main.

MS. CONWAY OTTENHEIMER:

Thank you, Mr.

Speaker.

commend and support the government for following the lead of Saskatchewan,

British Columbia and Alberta in bringing forward this legislation. Clare's Law

originated, as the minister has stated, in the UK. It is commendable that now we

have four provinces that will be following their lead.

We know

that interpersonal violence is a serious issue in this province, and we have

seen too many cases of interpersonal, domestic and sexual violence here. I could

quote statistics, but the stats would probably be wrong. That's because almost

every authority believes that violence is grossly underreported, and only a

fraction of those who are subjected to interpersonal violence reported to

authorities.

As for

unreported cases of violence, we've heard that only 5 per cent of sexual

assaults are reported to police – 5 per cent. And Indigenous women are 3½ times

more likely to be victims of violence. Nearly 80 per cent of rapes and sexual

assaults go unreported, according to a justice department analysis of

violent-crime stats in the United States; but, again, we know that unreported

crime is far too common. The reality is it's very common, especially for sexual

assault survivors, most frequently women, to decline to report the offence to

police. Survivors cite many reasons for this reality, including worries about

retaliation, fear of revictimization and so on. Again, unreported assaults are

pervasive.

Not all,

but certainly most of the victims or survivors, if they survive, are women and

girls. They may not report these incidents out of fear or intimidation or

embarrassment, or a false belief that they are to blame for provoking the

violence, or because the perpetrators are so close to them – maybe partners,

relatives, people in authority, positions of trust, employers and so forth. They

may already have seen signs of violence but they may be in denial, believing it

could never happen to them or it's not a big deal or it will get better on its

own.

Friends

or relatives of the person may be more aware of the threat they face than they

are. Perhaps the person in the relationship is blinded by love or by something

they believe is love, but they may be at great risk. Perhaps they are at a

moderate risk, but a risk nonetheless. If there is a way to let them see more

clearly whether there is a real evidence-based reason for them to be wary of the

person they are with, then, by all means, we have to protect them by helping

them become aware of it.

Clare's

Law has been presented as a groundbreaking piece of legislation to help protect

victims of domestic violence from their partners. It is designed as a tool for

individuals who think they may be at risk of interpersonal violence or domestic

violence and to get knowledge that will allow them to make those necessary

decisions, those tough, hard decisions, though, that they have to make to

increase their safety, to help prevent trauma and tragedy if someone is seeing

signs of abuse in a relationship.

The

whole point of Clare's Law is to provide a means, a way of showing a person at

risk that they are indeed at risk; but, of course, we are tipping the balance

just a bit away from, for example, the presumption of innocence. We have to be

mindful that the Charter of Rights and Freedoms protects that precious

presumption of innocence.

There is

a fundamental right to be presumed innocent until proven guilty and the

prosecution must also prove that guilt beyond a reasonable doubt. So we are at

the boundary of competing rights, the rights to privacy and presumption of

innocence. We have to be very cautious.

There

may be good evidence-based reasons for believing a person is likely to be

violent, but if the person has not been convicted of a violent crime and has no

public record of violence, what should be done in that instance, Mr. Speaker?

Should we do nothing, or should we create a means for that evidence to be placed

before someone who may be in harm's way?

Even so,

the consequences of violence are so profound, we must not fail to act just

because the legal landscape is a difficult one. That's why, we understand from

what we've heard in the briefing, it will take 12 to 15 months to develop the

protocol that will lay out in great detail the rules for giving effect to this

law. The other three provinces are also treading very carefully, but moving

forward with determination nevertheless.

Given

the implications of what is being done here, we do impress upon the government

the importance of being completely open and transparent about the protocol. We

realize that the protocol, being fixed in regulations rather than legislation,

will be amendable at the ministerial level outside the Legislature and will take

effect when gazetted. Still, we urge the government to publicize every

development with the protocol, issuing news releases and informing the

Opposition and the public immediately when anything changes so people are fully

aware of the rules.

We will

have the benefit of learning from the UK and other Canadian jurisdictions, which

they have a couple of years lead on us, but this is a new kind of law and we

must ensure that we handle it properly so it serves its purpose without causing

unintended harm. As the minister mentioned there, he indicated that they have a

lot to figure out. So we have to be very clear and very careful that this is

handled properly.

I don't

want to walk through all the possible pitfalls of legislation like this. I

prefer to focus on the positive, on the good that can result when someone at

risk is shown that they are at risk and can take appropriate action.

Obviously, this initiative must be accompanied by community supports. That is a

must. A person who discovers they are at risk may need help taking the next

step. There may be a domino effect of consequences following from that, so we

have to ensure that a person has a safe place to go or someone to turn to when a

risk is disclosed. So vulnerable people will still need considerable support

mechanisms to help them leave risky relationships, because the risk of harm

often intensifies when people try to break off relationships. Victims of

domestic violence must have and require a great network of support.

I also

wonder about the implications for a person who is deemed to be at risk of

perpetrating violence. I'm not sure what the answer is there, but it's something

we also need to be talking about.

There's

also another aspect of this law that we need to consider. We must be

particularly sensitive to the circumstances of women and girls in Indigenous

communities because of the lessons we learned from the recent inquiry into

Missing and Murdered Indigenous Women and Girls.

The

inquiry was commissioned for a good reason, and mainly at the behest of the

Indigenous communities themselves and the families of victims and survivors. It

is imperative to work closely with Indigenous communities and listen closely to

the testimonies and the recommendations that have come from the inquiry. We

simply have to do better to protect people at risk of violence before they

suffer harm, if at all possible.

Many of

our communities are small and closely knit, so we will need to listen carefully

to those in our communities with wisdom to offer about the best ways to proceed.

At the briefing on this bill, we were told that this is one more tool in the

toolbox to protect vulnerable people. This is a tool we don't yet have, and it

will make a difference for some. And, as the minister pointed out, perhaps

saving lives.

But

because it is a significant change in approach, we must ensure we are very

carefully monitoring what is being done and what is happening as a result.

Someone should be tasked with the job and the responsibility of reviewing and

reporting on the impact of what this law is doing.

The

minister pointed out that we don't have a lot of information regarding the

success of the UK scenario. So it might be a difficult task, but we need to know

how often this law is being used, how often the process is informing people that

they are at high or moderate risk of violence. Information is necessary to

create the appropriate checks and balances. And, at the same time, it is

imperative to protect people's privacy to the greatest extent possible.

So let's

talk about privacy. It's a very important piece here. One of the most

controversial aspects, actually, of Clare's Law is that allegations of domestic

violence will be made available to those who request it. Anyone worried about

their own safety will be able to ask the police to disclose their partner's

history of domestic violence. So this triggers the important question of one's

privacy rights.

The

Charter of Rights and Freedoms, through

section 7 and 8, afford protection of

privacy interests. And not only the Charter, but our courts, including the

highest court in our land, the Supreme Court of Canada, has recognized that the

value of privacy is fundamental to the notions of dignity, autonomy and

integrity of the person.

We all

understand that. We all recognize that it is fundamentally important that

privacy rights of the individual have to be respected. Regarding privacy rights,

it is important to note that irrelevant past criminal charges, like shoplifting

or impaired driving, would not necessarily be disclosed or discoverable. The

minister pointed that out with respect to criminal offences that are not

relevant.

Justice critic and critic for the Status of Women, I will be watching the

disclosure rules closely and carefully monitoring that as well because privacy,

Mr. Speaker, is a right. The presumption of innocence is a right and freedom

from violence is a right. Balancing rights and freedoms is seldom easy, but

protecting people from harm is an obligation we cannot shirk. There are people

in our province right now who are at risk of harm from interpersonal violence.

How far will we go to protect them?

I think

this legislation is a step in the right direction to offer greater protection to

people at risk. We need to be taking these steps. Police protection and

assistance can be an important ally in the fight again an abusive partner, but

we also should be mindful of the fact that Clare's Law is not a panacea for

eliminating domestic violence. Hopefully, it will increase prevention and reduce

the prevalence of interpersonal violence in our communities, but there's no

simple fix here to these problems.

These

problems are complex, they're deep rooted and they're societal. The problem of

domestic and interpersonal violence is indeed a huge one. We, therefore, need to

address it very seriously at every level. We need to examine, and critically

examine, the crucial underlying issues of violence and ensure there is adequate

funding for the crucial services to help victims of this kind of abusive and

violence. We need to have more education about healthy relationships and gain a

better understanding of the whole psychology regarding and around abusive

relationships. There needs to be more public awareness campaigns about violence.

We also need more enforcement of existing laws in relation to crimes of

violence.

So we

need to be taking these steps because the status quo is still not good enough.

Women and girls, and many others in our communities, are still not safe enough.

Violence is still far too prevalent, and that's not okay. We have to find new

and better ways to protect the vulnerable.

This

second reading debate is about the principle of the bill. We support the

principle of the bill. We look forward to working with the government, however

we can, to flesh out the details of the protocol. We applaud the police forces

in this province for being partners in bringing forward this initiative.

believe other community groups will complement these efforts to reduce violence

and protect the vulnerable. Let's continue to collaborate on solutions. Let's

continue to think outside the box. Let's not become complacent when people need

our help, but let's hear them, let's listen and let's find new ways to protect

them from harm.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister

Responsible for the Status of Women.

MS. HALEY:

Thank you, Mr. Speaker.

As the

Minister Responsible for the Status of Women, I welcome any opportunity to speak

to legislation that improves the lives of Newfoundlanders and Labradorians,

especially women and girls. I feel this piece of legislation, when enacted, will

do just that, Mr. Speaker. It is but one example of the fine work being done

through the Minister's Committee on Violence Against Women and Girls.

While we

have been working diligently on the Violence Prevention Initiative and several

initiatives have already been enacted, we will leave no stone unturned, Mr.

Speaker, as we strive to minimize the incidents of violence in our society.

This

past year, we have brought forward several new measures intended to address this

problem, Mr. Speaker. In November of 2018, Premier Ball saw fit to establish the

Minister Responsible for the Status of Women as a stand-alone role. Also,

instrumental to the cause, is the advancement of the work of the Minister's

Committee on Violence Against Women and Girls. This group has been working very

hard on our behalf.

We have

not been satisfied with the status quo. This year, more than $2.6 million has

been allocated for Status of Women Councils, including funding for a new Status

of Women Council in Port Saunders, which I had the opportunity to visit just

this past week.

We are

also implementing new bail supervision rules and electronic monitoring programs

to help lower levels of recidivism and improve safety for women, Mr. Speaker. We

have implemented improvements to the occupational health and safety regulations,

including provisions to address workplace harassment and worker-on-worker

violence.

We have

also implemented changes to the Residential Tenancies Act to allow for early

termination of rental agreements in cases of domestic violence, as well as

changes to the Labour Standards Act ,

allowing victims of family violence to take a total of 10 days leave per year,

Mr. Speaker.

We will

not stop here. Our government recognizes there is a need for further tools to

protect those at risk of intimate partner violence.

Mr.

Speaker, our government has taken steps to help create safer communities through

such things as legislative changes, direct investments, accessible housing and

the creation, of course, of the ministerial committee designed to identify and

address the changing needs of our communities and citizens as they arise.

Central to all of this, of course, has been our commitment to working with our

community partners.

Violence

in any form is unacceptable, Mr. Speaker. As a society, we cannot and we will

not accept that some of our citizens must live in fear of physical, sexual or

emotional violence. It must stop, Mr. Speaker. It definitely must stop. We must

all play a role in ending violence against women and girls. Working

collaboratively is essential to creating a safe environment for women and girls

in our province.

As we

take another step forward with this new legislation, we are continuing this

progress. In 2017, Statistics Canada reported that over one-quarter of all

victims of police-reported violent crime were victims of intimate partner

violence. This is indeed disturbing, as it reiterates that which we have been

told for some time: Violence isn't always perpetrated by strangers. In fact,

about 25 per cent of the time, the perpetrator is someone we know and trust;

someone very close to us. As the Minister Responsible for the Status of Women, I

am alarmed to learn that the majority of these victims, approximately 79 per

cent, were women – women. We must work to change this statistic.

Interpersonal violence disclosure legislation, also known as Clare's Law, as the

minister has stated, Mr. Speaker, was introduced to honour Clare Wood, a woman

who was murdered by her partner and was unaware of his violent past. Clare's

father fought for an initiative that would release relevant information about

prior criminal history to intimate partners who are at risk, Mr. Speaker.

This

legislation is designed to enhance protections for individuals in intimate

relationships who are at risk of violence from their partners by disclosing an

individual's risk based on the relevant prior criminal history of their partner.

The protocol would also provide the person at risk with information for next

steps and support, Mr. Speaker. Introducing legislation such as this would help

further the efforts made by government to help make Newfoundland and Labrador a

safer place for women and girls.

Mr.

Speaker, this is progressive legislation. It has the potential to provide

greater safety to those unaware that are on the cusp of entering relationships

where their safety could be greatly compromised. When it comes to combating

violence, we are all in this together. I ask all Members in this hon. House to

give their support to this very important piece of legislation.

Thank

you.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Member for Grand

Falls-Windsor - Buchans.

MR. TIBBS:

Thank you very much, Mr.

Speaker.

I want

to thank the colleagues across the way, and my colleague, as well, from Harbour

Main on the great work that's been put into this. It's much needed for the

province, I think in my mind, if done right and correctly. And the other

provinces, I think, will show that this can be a tool that can be used for

preventative measures, not after-the-fact measures, which is where a lot of

victims end up going to and when it's too late. So I applaud everybody for the

work that they put into this and I say thank you.

Any sort

of violence in our society should not be tolerated and is avoidable. There are

many forms of violence: mental violence, verbal violence, sexual violence, and,

of course, physical violence. Violence does not discriminate against race,

religion, geography or sex. It rears its ugly head throughout the world,

including right here in Newfoundland and Labrador at home.

We know

that violence can be found in many facets of our daily lives. Violence can be at

work, it can be at school, social settings, but, of course, more commonly,

domestic violence right here at home. Behind closed doors – we've heard that

many, many times when it comes to domestic violence. Behind closed doors you can

use in quotation marks and not as well. It can be interpreted figuratively or,

of course, literally.

Literally, as it happens behind the doors where nobody can see it, it happens in

our province every single day. It happens across the country every single day.

Unfortunately, the people that are behind the closed doors, you don't get to see

what they're going through until often too late.

But just

as important, figuratively, it's never talked about. The victims often sit

behind that closed door feeling hurt, ashamed, embarrassed and, most of all,

abandoned. They feel as though they have nobody. Those that may be embarrassed

or ashamed will not reach out to family or friends, Mr. Speaker. They won't

reach out to colleagues, and of course they won't reach out to any of the police

or anybody within health, because they feel as though they'll be persecuted or

the violence will increase upon them. Of course, we can do better than that.

We know

more often than not, that door opens and the victim who has gone through the

violence will come out with a smile on their face; they don't show their wounds.

Often the wounds can be mental health as well, but they try to cover them up as

best they can and the world doesn't see them. They will face the world with a

smile on their face, whether it be young girls, men or children, these wounds

are not seen by the general public and that's unfortunate.

I think

that's where the statistics fail us. Of course, we know most are not shown

within the public and the stats won't show that there are more people out there

than not that are being abused with violence in our society, and that's

shameful. Stats tell us it's women and young girls who make up the majority of

those victims. If we dig even further, Indigenous women have a history with this

violence put upon them. This is all too fresh as we remember Chantel John from

Conne River just this past year, an Indigenous woman who lost her life from

domestic violence.

I can't

help but think if we had to have a law like this that was passed back then,

would that beautiful young girl still be with us today in Conne River. I know

her family, her friends and the people in Conne River – it could have been used

back then, I think, to that situation possibly, possibly not, but it's a tool

that we need to use if we have it afforded to us.

Mr.

Speaker, as we applaud the steps in the right direction, there is so much more

work to be done with this bill, of course. If we're going to take on a bill like

this, it supersedes such a broad community group such as the Status of Women,

which we talked about and housing. We know a lot of women with their children

and whatnot, one of their main reasons for not coming forward is they're going

to have no place to live. I have no place to live so if I come out against my

husband or my partner or my wife, whatever, they know that this takes me out of

my home and now where do we go.

The

province does have a housing problem with the people that are out there now. I

can't imagine if everybody came forward that needed a new place to stay because

of violence. We have to find a place of these people, a safe place for these

people. So that's something that we'd have to look at as well.

Child

services is another one. In a lot of these homes with women being abused, there

are children present. I also know there are a lot of women out there that won't

come forward and a lot of the reason is because they're afraid they're going to

lose their children. If they brought up their children in a violent home,

they're afraid they're going to lose their children. Whether it be if they

separate from their husband or their boyfriend sort of thing, the possibility of

losing their children will keep them there. Often, that is a threat upon them as

well.

The

police and security services in the province – we can't say enough about them as

well. They do an absolutely fantastic job and we have to make sure that we

coincide with them. There are many facets, many groups there, that we have to

make sure are on board with this bill if it comes through.

Everybody needs to be on side to ensure these people are protected, supported

and feel safe. There are too many reasons victims do not come forward and we

need to break down those barriers. I also believe in the old saying, Mr.

Speaker: Violence incites violence holds true; therefore, we must ensure

witnesses, such as children, have the proper support once removed from that

situation. That's something we have to look at as well. End the cycle, and what

a vicious cycle it is, I'm sure.

Mr.

Speaker, I also think the victims are not the only ones at risk when it comes to

this bill. The perpetrators, too, need help to deal with the problem so we can

possibly save another victim. There is rehabilitation. We can't just throw the

perpetrators to the wolves, sort of thing, and say you move on now to the next

one, and then we'll do a background check again and again and again. I think the

proper supports need to be in there for the people that are committing these

crimes. It's important as well.

If this

disclosure can help prevent violence in Newfoundland and Labrador, it is worth

the time that we are going to put into it. Disclosure can be used as a wonderful

tool to help end violence right here in Newfoundland and Labrador and we need

all the tools we can get at this point. In doing this, we must remember privacy

is a right and it can be a slippery slope once we begin.

I was

just sitting here, Mr. Speaker, taking some notes, and I was just thinking about

the background checks on people and whatnot. My colleague from across the way

for Burgeo - La Poile said the same thing, where do we start it, where do we

stop it sort of thing. Which crimes can go into this? What age can go into this?

Is it a 16-year-old, an 18-year-old? Where do we draw that line for the age?

Who gets

this information? Where does it stop? Does it begin – to a wife, a girlfriend, a

mother, a sister, colleagues, a workplace, an employer? It opens up a whole door

that we have to make sure that we get this right. The 12 to 15 months, I think,

is a good time frame to make sure we get it right because it's something that's

going to stick with us for a long, long time. I think it's something that's

going to help this province and help the people in the province for a long, long

time as well.

Getting

back to the privacy – and 100 per cent, I support the bill totally, but I just

want to make sure that privacy isn't forgotten about here. If we take a

16-year-old person that had one incident of violence in his lifetime, is that

something that's going to stick with him at 45 years old if he is rehabilitated

or if he does go through the process of getting help or not and getting the help

he needs so this does not happen again? I think that's something that has to be

looked at as well.

I urge

all victims, obviously, to seek help that's out there, but it's often too late.

This is the opportunity we have now for preventative measures, which is one of

the best tools. Together, I am sure that we can prevent violence in Newfoundland

and Labrador.

It's

sad, you know, you sit back and you think about the young people who don't come

forward, the women, the young girls that don't come forward – be it sexual

violence, or any violence for that matter, if they don't come forward, of

course, we can't have the stats. So it's going to be hard to judge, sort of

thing.

I think

if we can get this right, it'll serve as a preventative tool. I just want to

touch on that for one more minute. The preventative tool can prevent these

crimes from happening. It can get a person out of the situation before the

situation even begins, Mr. Speaker.

Like we

say, oftentimes it's too late where somebody loses a piece of their life, if not

their life. If we can prevent this from happening, I think it's an absolutely

great idea. I commend the other three provinces for bringing it in. I commend

the UK for starting it. It's something that is needed here. I think it's

something that can work here, and I look forward to working with it in the

future.

Thank

you, Mr. Speaker.

SOME HON. MEMBERS:

Hear, hear!

MR. SPEAKER:

The hon. the Minister of

Children, Seniors and Social Development.

MS. DEMPSTER:

While we're waiting to speak,

Mr. Speaker, we're always working away in our seats. So we're not always on the

ball here as we should, but it's nice to be back in the Legislature, Mr.

Speaker, for the fall sitting of the House.

Yesterday the House opened, and it actually happened to be an anniversary for

me. It was six years ago, November 4, 2013, that I took my seat representing the

good people of Cartwright - L'Anse au Clair for the first time.

SOME HON. MEMBERS:

Hear, hear!

MS. DEMPSTER:

Lots of changes, Mr. Speaker,

in the Legislature over that six-and-a-half-year period since I've been in here,

but one thing that never changes is who you work for. So it's always important

that your first loyalty be to those individuals.

Mr.

Speaker, I'm very pleased to stand here today – and I've been listening with

intent to my colleagues talk about Bill 6. I'm pleased to – as the Minister of

Fisheries and Lands would say – enthusiastically show my support for this very

important bill.

Before I

start, I want to throw a bouquet to my colleague, the Minister of Justice and

Public Safety –

SOME HON. MEMBERS:

Hear, hear!

MS. DEMPSTER:

– for bringing in this piece of legislation. Mr. Speaker, I went back six years

and he was one of the guys that was travelling around with me six years ago and

getting flat tires on gravel roads and things like that, so we do go back a long

way. What I appreciate about my colleague, the Minister of Justice – he's

brought in a number of really valuable bills – he has a young family. That makes

a difference, too, I believe. He has a beautiful young girl. This stuff hits

home.

We have

an opportunity while we are here in this Legislature, Mr. Speaker, to change the

course of time, to bring in bills that we pass and that become law to make life

better. We're not only making life better for the residents of Newfoundland and

Labrador, it's our family. When we talk about things like interpersonal

violence, it impacts us all and some of us closer to home than others. Many

would know here that my family went through a terrible time with a murder in our

immediate family – my brother, at the tender age of 21. So we know the impact

that violence has on a family, the long-lasting impact of violence.

Also, I

represent a riding in Labrador. I'm from Labrador, a proud Labradorian born and

raised. I say born and raised and my husband corrects me because I was born in

Botwood. My mom is from Point Leamington, but spent my lifetime in Labrador,

pretty deeply rooted. Some of the Members today shared statistics. I'm not going

to go down the road of statistics because we all can look up the same. They're

very startling, they're very concerning and they're very staggering. That's why

we're talking about this bill.

One of

the realities is that the percentage of violence in Indigenous communities, Mr.

Speaker – and I'm a Member of the NunatuKavut Community Council – is

significantly higher. It's not easy to talk about. One of the things I started

doing when I first came to St. John's and I took my seat in the Legislature was

I had heard about the missing and murdered vigil that would happen annually. I

thought, I'm going to go to that and I'm going to show my support as a female

and as a Labradorian.

daughter was here in town at that time. She was still in her last year of high

school but she had been in town that time and it was held at the Holiday Inn.

She came with me at 17 years old. So, for people watching or people in the

Legislature who may not be familiar, what happens is there are the names of

individuals who have been murdered, you can participate and you go up and you

read the name, you read the date of their birth and you read the date of their

death and how they died. It's a very, very heavy ceremony, Mr. Speaker.

The

biggest thing that stayed with me from that first fall that I was in town and

attended that was, on the way home, I said to my daughter: What did you think of

that? That's pretty heavy stuff for a 17-year-old coming from a very sheltered

little coastal community where everybody in the town, practically, you're

related to and the ones you're not, you still call them aunt and uncle and you

think you are. She said: Mom, what stood out for me is that those women were not

just killed but they were killed over and over again. I said: What do you mean?

She said: Shot repeatedly, stabbed repeatedly, brutal things.

Too many

of us here in this Legislature – because our province is not that big, 526,000 –

we know families today that are living with the pain, the grief, sometimes the

guilt because they feel like they should've done something, should've seen

something that comes with this type of loss.

Loretta

Saunders, I talked about Loretta when I was in Opposition at some length and I

know her family very well. I still run into her mom and dad from time to time.

They're going to be tremendously pleased with legislation like this.

When I

spent a lot of time around municipalities and provincial boards, I knew a lady

whose daughter was murdered. Mr. Speaker, people who get up every day and they

carry that weight, that loss and, in many cases, maybe it could have been

avoided with something like this.

This

bill, known as Clare's Law, I think about that dad and how he was driven in the

United Kingdom five years ago after the 36-year-old women, a daughter in her

prime, should have had her whole like in front of her, didn't get to see what

she could have become, what she could have done, how she could have left her

mark, how she could have contributed to our society, Mr. Speaker, murdered by a

partner that the police knew had a violent record; taken at the hands of some

else.

We have

to do better. We have a responsibility, those of us who are lawmakers, to do

better. One of the things, Mr. Speaker, when you lose a significant person in

your life, you can't change that, and everybody deals with it differently. There

is no manual for finding your way through grief, but there are people who choose

to want to add meaning to the life and death of their loved one. They want to

add some purpose, so they go out and they advocate for change, Mr. Speaker.

That's what we see here with Clare Wood, not aware of her partner's violent

history and her dad went out and he advocated for this change.

Again, I

want to throw a bouquet to the Minister for Justice. I have sat in this

Legislature and I have been pretty proud of some of the legislation that he's

brought in, Mr. Speaker. We mentioned – it was said today by one of my hon.

colleagues – the intimate partner violence.

I have a

young daughter, Mr. Speaker, and it's a different age now. We say it; we all say

it to ourselves. It's different now than when we grew up, and some of us grew up

in smaller communities where you had that protection. Now we're in a

social-media age, we're in a technological age, and people have devices on them;

they can take a picture and they can do things with that picture, and that

picture could end up anywhere. That young individual who does that, in that

moment, may never know the far-reaching impacts – heavy stuff, Mr. Speaker.

People have took their lives because of things like that that have happened, so

I applaud the Minister of Justice for bringing in the

Intimate Images Protection Act .

Mr.

Speaker, today, Bill 6,

An Act Respecting Disclosure of Information Under an

Interpersonal Violence Disclosure Protocol, just for the purpose of the people

watching today, this bill would provide authority for a police force to disclose

information regarding interpersonal violence to a person at risk, or to an

applicant in accordance with an Interpersonal Violence Disclosure Protocol

established by the Lieutenant-Governor in Council.

Mr.

Speaker, I've talked a little bit about the personal aspects of this, but I also

happen to be, right now, the minister responsible for Children, Seniors and

Social Development – child welfare is housed in there – and Housing and Poverty

Reduction and things like that, and I can tell you, as a government, even at

times when we were navigating through some pretty heavy fiscal conditions in

this province, there was money put aside by the Premier for low-income families.

We did that right out of the gate for Budget 2016 .

Over at

Housing, Mr. Speaker, we had questions today about wait-lists. Yes, we have

wait-lists. There's a lot of need and oftentimes there's not enough resources to

meet the need, but I can tell you that when somebody is in a violent situation,

when a young lady with children is fleeing domestic violence, we elevate them up

the list. They don't come in in lines, so we certainly prioritize in housing

those individuals.

believe, today, Mr. Speaker, this bill demonstrates our government's earnest

commitment to address intimate partner violence in Newfoundland and Labrador by

implementing new ways of protecting victims. It's been said numerous times, and

it really don't need repeating, but I believe it bears repeating that you are at

a higher risk of being a victim of violence if you are a woman or you are young

or you are Indigenous. We cannot lose sight of that, Mr. Speaker: if you are a

woman, if you are young or if you are Indigenous.

The

recent stats in our province, Mr. Speaker, actually showed that we were slightly

above the Canadian average when it comes to intimate partner violence – slightly

above. There are some things we want to be leading in in our province and we

want to be leading in this country. This is not an area where we want to be

leading in, so we have to put measures in place, like this bill today that we

are debating, the disclosure of information, to change the way that percentage

is moving, Mr. Speaker, and move it back.

Another

statistic that I find very concerning, especially as I represent the people of

Labrador, and I talked about that earlier, is that the rate of violence in

Labrador is significantly higher than on the Island portion of the province with

young women and young girls, once again, being at the highest risk of violence.

I want to give a shout-out to the individuals in Labrador who work in shelters,

who work in transition houses and say thank you for the very important work that

you do.

Mr.

Speaker, this is not infrastructure. This is not roads. This is not water and

sewer. This is about supporting families. This is about helping our families

become healthier and stronger so that our communities are healthy and stronger.

The minister for the Status of Women was just up in Labrador and met with some

of those groups and I appreciated her taking the time to go up there. There are

a number of things that we do around violence prevention grants and things like

that.

Minister of Children, Seniors and Social Development, I am extremely concerned

about the rates of child and youth victims of family violence in our province.

We know those stories as well, Mr. Speaker, very heavy stories of where children

have seen their mom be exposed. I just recently had an experience in my own

district. I had a young lady serve me; lovely young lady, met her son; later saw

decided – bold move, took the courage to share it with an effort to keep the

conversation going that violence against women is not acceptable.

I just

could not believe what I read, what that young lady shared publicly that she had

been in a relationship for a year where she was beaten every week. She was

beaten. Sometimes she did not get out of bed for two weeks, Mr. Speaker. That

was by someone known in our community.

So it's

very important that we bring in legislation like this, that we keep the

conversation going. I'm pleased to be a part of a government that takes violence

against women and girls very seriously. I am pleased with that.

SOME HON. MEMBERS:

Hear, hear!

MS. DEMPSTER:

I'm pleased that our Premier

saw fit to put the first Status of Women independent stand alone, because that

shows we're not just talking about it. Everybody can talk about it, Mr. Speaker,

but it's about the actions and what you put in behind that.

I want

to make sure that we continue to take every action possible to keep children,

youth, girls and women in our province safe from violence whenever and wherever

we can, and, Mr. Speaker, this bill is just one more piece. This bill is just

one piece of the solution in addressing violence against vulnerable populations

in our province.

As we

often say, forewarned is forearmed. People have the right, Mr. Speaker, to be

forearmed with information about their partner's violent past so they can make

informed decisions to keep themselves, and in many cases, to keep their children

safe. That is why I wholeheartedly support this bill, and I'm so pleased to see

it brought in today.

There

were a whole lot more notes I had, Mr. Speaker, but I'm going to take my place

and give some other folks here an opportunity to speak. But I'll end with a

quote. Martin Luther King is a guy, I follow him a lot. I quite like him. I was

actually sworn in the first time in 2013 in July on his 95th birthday. I don't

think that was a coincidence. He said: Our lives begin to end the day we become

silent about things that matter.

That's a

very weighty quote, Mr. Speaker, that has a lot of meaning for me. We all come

into this House, we ask our various districts to represent us and we put our

name forward, but it's important that we stay true to ourselves, to have the

courage to always talk about what matters to us socially. So violence amongst

women, young girls in our province, the percentage is higher than we want it to

be, but this piece of legislation today is going to help us.

It's a

move in the right direction, and we will continue as a government – I was a part

of ministerial committees. The former Minister for the Status of Women, now the

Minister of Natural Resources, we did a lot of work, Mr. Speaker, around

supporting women, and we'll continue to do that as a government.

Thank

you once again for the opportunity to speak.

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation2019-11-05
Typehansard
Volume / chapter2019-11-05
Languageen
Formathtm
SourcePROVINCIAL
Identifier5d9061762b95ccb179daf215ca4b06743c2d425f

Source file is stored in the law ingest library (htm).