British Columbia Hansard — Wednesday, October 24, 2007

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British Columbia — Debates (Hansard)

Third Session, 38th Parliament OFFICIAL REPORT OF DEBATES OF THE LEGISLATIVE ASSEMBLY (HANSARD) Wednesday, October 24, 2007 Afternoon Sitting Volume 23, Number 3 THE HONOURABLE BILL BARISOFF, SPEAKER ISSN 0709-1281

PROVINCE OF BRITISH COLUMBIA (Entered Confederation July 20, 1871) LIEUTENANT-GOVERNOR His Honour the Honourable Steven L. Point, OBC THIRD SESSION, 38TH PARLIAMENT SPEAKER OF THE LEGISLATIVE ASSEMBLY Honourable Bill Barisoff EXECUTIVE COUNCIL Premier and President of the Executive Council ............................................................................................................Hon. Gordon Campbell Minister of State for Intergovernmental Relations .......................................................................................................... Hon.

John van Dongen Deputy Premier and Minister of Education and Minister Responsible for Early Learning and Literacy...................... Hon. Shirley Bond Minister of Aboriginal Relations and Reconciliation ........................................................................................................ Hon. Michael de Jong Minister of Advanced Education and Minister Responsible for Research and Technology ........................................... Hon.

Murray Coell Minister of Agriculture and Lands.......................................................................................................................................................Hon. Pat Bell Attorney General and Minister Responsible for Multiculturalism............................................................................... Hon. Wally Oppal, QC Minister of Children and Family Development ................................................................................................................Hon.

Tom Christensen Minister of State for Childcare ........................................................................................................................................................Hon. Linda Reid Minister of Community Services and Minister Responsible for Seniors’ and Women’s Issues........................................... Hon. Ida Chong Minister of Economic Development and Minister Responsible for the Asia-Pacific Initiative and the Olympics.................Hon.

Colin Hansen Minister of Employment and Income Assistance ...........................................................................................................Hon. Claude Richmond Minister of Energy, Mines and Petroleum Resources .......................................................................................................Hon. Richard Neufeld Minister of State for Mining......................................................................................................................................................Hon.

Kevin Krueger Minister of Environment and Minister Responsible for Water Stewardship and Sustainable Communities ...............Hon. Barry Penner Minister of Finance.......................................................................................................................................................................Hon. Carole Taylor Minister of Forests and Range and Minister Responsible for Housing ............................................................................. Hon.

Rich Coleman Minister of Health ......................................................................................................................................................................Hon. George Abbott Minister of Labour and Citizens’ Services ......................................................................................................................................Hon. Olga Ilich Minister of Public Safety and Solicitor General................................................................................................................................Hon.

John Les Minister of Small Business and Revenue and Minister Responsible for Regulatory Reform............................................ Hon. Rick Thorpe Minister of Tourism, Sport and the Arts ......................................................................................................................................Hon. Stan Hagen Minister of State for ActNow B.C. ............................................................................................................................................ Hon.

Gordon Hogg Minister of Transportation...........................................................................................................................................................Hon.

Kevin Falcon LEGISLATIVE ASSEMBLY Leader of the Official Opposition .........................................................................................................................................................Carole James Deputy Speaker ....................................................................................................................................................................................Sindi Hawkins Assistant Deputy Speaker.....................................................................................................................................................................Sue Hammell Deputy Chair, Committee of the Whole.................................................................................................................................................

Harry Bloy Clerk of the Legislative Assembly .........................................................................................................................E. George MacMinn, OBC, QC Clerk Assistant.........................................................................................................................................................................................Robert Vaive Clerk Assistant and Law Clerk .......................................................................................................................................................Ian D.

Izard, QC Clerk Assistant and Clerk of Committees ....................................................................................................................................... Craig H. James Clerk Assistant and Committee Clerk ..........................................................................................................................................Kate Ryan-Lloyd Sergeant-at-Arms............................................................................................................................................................................. A.A.

Humphreys Director, Hansard Services ...................................................................................................................................................................Jo-Anne Kern Legislative Librarian ..................................................................................................................................................................................Jane Taylor Legislative Comptroller...............................................................................................................................................................................Dan Arbic

Party Standings: Liberal 46; New Democratic 33 ALPHABETICAL LIST OF MEMBERS Abbott, Hon. George (L) .................................................................... Shuswap Austin, Robin (NDP)............................................................................. Skeena Bains, Harry (NDP).................................................................. Surrey-Newton Barisoff, Hon. Bill (L)..........................................Penticton–Okanagan Valley Bell, Hon.

Pat (L) .............................................................Prince George North Bennett, Bill (L) ........................................................................ East Kootenay Black, Iain (L) ............................................................ Port Moody–Westwood Bloy, Harry (L)................................................................................Burquitlam Bond, Hon. Shirley (L).....................................Prince George–Mount Robson Brar, Jagrup (NDP).....................................................Surrey–Panorama Ridge Campbell, Hon.

Gordon (L) .........................................Vancouver–Point Grey Cantelon, Ron (L)..............................................................Nanaimo-Parksville Chong, Hon. Ida (L) .................................................... Oak Bay–Gordon Head Chouhan, Raj (NDP) ...........................................................Burnaby-Edmonds Christensen, Hon. Tom (L) ................................................. Okanagan-Vernon Chudnovsky, David (NDP) ......................................... Vancouver-Kensington Coell, Hon.

Murray (L) .....................................Saanich North and the Islands Coleman, Hon. Rich (L)...........................................Fort Langley–Aldergrove Conroy, Katrine (NDP) .......................................... West Kootenay–Boundary Coons, Gary (NDP) ....................................................................... North Coast Cubberley, David (NDP)............................................................Saanich South de Jong, Hon.

Michael (L) ...................................Abbotsford–Mount Lehman Dix, Adrian (NDP) .........................................................Vancouver-Kingsway Evans, Corky (NDP).................................................................Nelson-Creston Falcon, Hon. Kevin (L) .......................................................

Surrey-Cloverdale Farnworth, Mike (NDP) ...............................Port Coquitlam–Burke Mountain Fleming, Rob (NDP) ..............................................................Victoria-Hillside Fraser, Scott (NDP) ..............................................................Alberni-Qualicum Gentner, Guy (NDP).......................................................................Delta North Hagen, Hon. Stan (L) ................................................................ Comox Valley Hammell, Sue (NDP) ................................................... Surrey–Green Timbers Hansen, Hon.

Colin (L) ..................................................Vancouver-Quilchena Hawes, Randy (L).......................................................... Maple Ridge–Mission Hawkins, Sindi (L) ............................................................... Kelowna-Mission Hayer, Dave S. (L) ................................................................ Surrey-Tynehead Hogg, Hon.

Gordon (L).....................................................Surrey–White Rock Horgan, John (NDP)......................................................Malahat–Juan de Fuca Horning, Al (L)........................................................... Kelowna–Lake Country Ilich, Hon. Olga (L)...............................................................Richmond Centre James, Carole (NDP).......................................................Victoria–Beacon Hill Jarvis, Daniel (L)..................................................

North Vancouver–Seymour Karagianis, Maurine (NDP) ........................................... Esquimalt-Metchosin Krog, Leonard (NDP)......................................................................... Nanaimo Krueger, Hon. Kevin (L) .....................................Kamloops–North Thompson Kwan, Jenny Wai Ching (NDP)........................... Vancouver–Mount Pleasant Lali, Harry (NDP)........................................................................

Yale-Lillooet Lee, Richard T. (L)....................................................................Burnaby North Lekstrom, Blair (L).............................................................. Peace River South Les, Hon. John (L)............................................................... Chilliwack-Sumas Macdonald, Norm (NDP).................................... Columbia River–Revelstoke MacKay, Dennis (L)....................................................

Bulkley Valley–Stikine Mayencourt, Lorne (L).......................................................Vancouver-Burrard McIntyre, Joan (L).................................................West Vancouver–Garibaldi Neufeld, Hon. Richard (L) .................................................. Peace River North Nuraney, John (L).............................................................Burnaby-Willingdon Oppal, Hon. Wally, QC (L).......................................... Vancouver-Fraserview Penner, Hon. Barry (L)...........................................................

Chilliwack-Kent Polak, Mary (L) ....................................................................................Langley Puchmayr, Chuck (NDP)...................................................... New Westminster Ralston, Bruce (NDP) ............................................................. Surrey-Whalley Reid, Hon. Linda (L) ................................................................ Richmond East Richmond, Hon. Claude (L).............................................................

Kamloops Robertson, Gregor (NDP) ................................................Vancouver-Fairview Roddick, Valerie (L).......................................................................Delta South Routley, Doug (NDP)..................................................... Cowichan-Ladysmith Rustad, John (L) ........................................................

Prince George–Omineca Sather, Michael (NDP).........................................Maple Ridge–Pitt Meadows Simons, Nicholas (NDP) ...................................Powell River–Sunshine Coast Simpson, Bob (NDP)..................................................................Cariboo North Simpson, Shane (NDP) ....................................................Vancouver-Hastings Sultan, Ralph (L) ....................................................West Vancouver–Capilano Taylor, Hon.

Carole (L).....................................................Vancouver-Langara Thorne, Diane (NDP) .................................................Coquitlam-Maillardville Thorpe, Hon. Rick (L).......................................................Okanagan-Westside Trevena, Claire (NDP) ..................................................................North Island van Dongen, Hon. John (L)............................................ Abbotsford-Clayburn Whittred, Katherine (L)........................................

North Vancouver–Lonsdale Wyse, Charlie (NDP) .................................................................Cariboo South Yap, John (L)...................................................................Richmond-Steveston LIST OF MEMBERS BY RIDING Abbotsford-Clayburn....................................................Hon. John van Dongen Abbotsford–Mount Lehman .......................................... Hon. Michael de Jong Alberni-Qualicum..........................................................................

Scott Fraser Bulkley Valley–Stikine ...........................................................Dennis MacKay Burnaby North ...........................................................................Richard T. Lee Burnaby-Edmonds........................................................................Raj Chouhan Burnaby-Willingdon................................................................... John Nuraney Burquitlam.......................................................................................Harry Bloy Cariboo North..............................................................................

Bob Simpson Cariboo South..............................................................................Charlie Wyse Chilliwack-Kent ..................................................................Hon. Barry Penner Chilliwack-Sumas...................................................................... Hon. John Les Columbia River–Revelstoke................................................. Norm Macdonald Comox Valley........................................................................ Hon.

Stan Hagen Coquitlam-Maillardville..............................................................Diane Thorne Cowichan-Ladysmith ................................................................. Doug Routley Delta North ...................................................................................Guy Gentner Delta South ............................................................................. Valerie Roddick East Kootenay................................................................................

Bill Bennett Esquimalt-Metchosin.........................................................Maurine Karagianis Fort Langley–Aldergrove ..................................................Hon. Rich Coleman Kamloops.....................................................................Hon. Claude Richmond Kamloops–North Thompson ............................................Hon. Kevin Krueger Kelowna–Lake Country.................................................................. Al Horning Kelowna-Mission ......................................................................

Sindi Hawkins Langley ...........................................................................................Mary Polak Malahat–Juan de Fuca .................................................................. John Horgan Maple Ridge–Mission ................................................................ Randy Hawes Maple Ridge–Pitt Meadows ..................................................... Michael Sather Nanaimo......................................................................................

Leonard Krog Nanaimo-Parksville .....................................................................Ron Cantelon Nelson-Creston .............................................................................Corky Evans New Westminster .................................................................. Chuck Puchmayr North Coast....................................................................................

Gary Coons North Island ...............................................................................Claire Trevena North Vancouver–Lonsdale................................................Katherine Whittred North Vancouver–Seymour..........................................................Daniel Jarvis Oak Bay–Gordon Head ........................................................... Hon. Ida Chong Okanagan-Vernon......................................................... Hon. Tom Christensen Okanagan-Westside..............................................................Hon.

Rick Thorpe Peace River North.......................................................... Hon. Richard Neufeld Peace River South..................................................................... Blair Lekstrom Penticton–Okanagan Valley .................................................Hon. Bill Barisoff Port Coquitlam–Burke Mountain ............................................Mike Farnworth Port Moody–Westwood.................................................................... Iain Black Powell River–Sunshine Coast ...............................................

Nicholas Simons Prince George North.................................................................... Hon. Pat Bell Prince George–Mount Robson ............................................Hon. Shirley Bond Prince George–Omineca................................................................ John Rustad Richmond Centre......................................................................Hon. Olga Ilich Richmond East........................................................................Hon.

Linda Reid Richmond-Steveston...........................................................................John Yap Saanich North and the Islands ............................................ Hon. Murray Coell Saanich South ........................................................................ David Cubberley Shuswap............................................................................Hon. George Abbott Skeena.......................................................................................... Robin Austin Surrey-Cloverdale............................................................... Hon.

Kevin Falcon Surrey–Green Timbers ................................................................Sue Hammell Surrey-Newton............................................................................... Harry Bains Surrey–Panorama Ridge.................................................................Jagrup Brar Surrey-Tynehead ....................................................................... Dave S. Hayer Surrey-Whalley...........................................................................Bruce Ralston Surrey–White Rock ............................................................Hon.

Gordon Hogg Vancouver-Burrard..............................................................Lorne Mayencourt Vancouver-Fairview.............................................................Gregor Robertson Vancouver-Fraserview .................................................Hon.

Wally Oppal, QC Vancouver-Hastings .................................................................Shane Simpson Vancouver-Kensington.......................................................David Chudnovsky Vancouver-Kingsway ......................................................................Adrian Dix Vancouver-Langara ........................................................... Hon. Carole Taylor Vancouver–Mount Pleasant........................................ Jenny Wai Ching Kwan Vancouver–Point Grey ................................................Hon.

Gordon Campbell Vancouver-Quilchena.........................................................Hon. Colin Hansen Victoria–Beacon Hill...................................................................

Carole James Victoria-Hillside ...........................................................................Rob Fleming West Kootenay–Boundary........................................................Katrine Conroy West Vancouver–Capilano...........................................................Ralph Sultan West Vancouver–Garibaldi ........................................................Joan McIntyre Yale-Lillooet..................................................................................... Harry Lali

CONTENTS Wednesday, October 24, 2007 Afternoon Sitting Routine Proceedings Page Introductions by Members ....................................................................................................... .............................................. 8775 Introduction and First Reading of Bills........................................................................................ ......................................... 8775 Electoral Boundaries Commission Amendment Act, 2007 (Bill 39) Hon. W. Oppal First Nations Heritage Protection and Conservation Act, 2007 (Bill M223) M.

Karagianis Statements (Standing Order 25B) .............................................................................................................................. ............. 8776 New Vista Foundation C. James Volunteers D. Hayer Kootenay region United Nations Association K. Conroy Environmental leadership in North Vancouver K. Whittred Diabetes A. Dix Steelhead R.

Sultan Oral Questions................................................................................................................. ......................................................... 8778 Distribution of booster seats to low-income families C. James Hon. L. Reid C. Trevena G. Coons H. Bains M. Farnworth School district funding D. Cubberley Hon. S. Bond Call for audit of tree farm licence land removals B. Simpson Hon. M. de Jong Employment practices at Retirement Concepts seniors facilities A. Dix Hon. G. Abbott Musqueam treaty negotiations S. Simpson Hon.

M. de Jong Second Reading of Bills........................................................................................................ ................................................... 8783 Tsawwassen First Nation Final Agreement Act (Bill 40) (continued) G. Robertson J. Kwan M. Farnworth C. Evans

Standing Order 45A (Speaker's Ruling)............................................................................................................ ..................... 8793 Second Reading of Bills........................................................................................................ ................................................... 8793 Tsawwassen First Nation Final Agreement Act (Bill 40) (continued) C. Evans R. Fleming J. Nuraney N. Simons S. Hammell Hon. M. de Jong Final Agreement Consequential Amendments Act, 2007 (Bill 41) Hon. M. de Jong S.

Fraser Treaty First Nation Taxation Act (Bill 42) Hon. M. de Jong S. Fraser Greater Vancouver Transportation Authority Amendment Act, 2007 (Bill 43) Hon. K. Falcon

8775 WEDNESDAY, OCTOBER 24, 2007 The House met at 1:32 p.m. [Mr. Speaker in the chair.] Prayers. Introductions by Members Hon. G. Abbott: It's Diabetes Day in the Legislature today. We have in the gallery, and I know elsewhere in the precincts, representatives and volunteers from the Canadian Diabetes Association. They have been discuss- ing the many serious challenges we have with type 1 and type 2 diabetes with members on both sides of the House and with staff here in the buildings. They're here to share the latest developments in diabetes management, healthy living and prevention of diabetes complications.

I'd like the House to join me in welcoming three representatives. There may be more, but I want to wel- come these three. They're the ones I've been advised are with us today: Jean Blake, who is the executive director for the Pacific area; Dr. Karen Philp, vice-president for public policy and government relations; and from my own constituency of Shuswa p, Nel Peach, who is a marathoner extraordinaire as well as the president of the Salmon Arm–Shuswap branch of the Canadian Diabetes Association. Please join me in welcoming all of our guests. R.

Lee: Joining us in the Legislature today are 80 grade 10 students from Burnaby Central Secondary School accompanied by their teacher Mr. Axford. They are here to learn about legislation as well as how government operates. Would the House please join me in welcoming them to the Legislature. J. Nuraney: My colleague just introduced a school in the gallery, and I want to make particular mention of a teacher par excellence. I had the pleasure of attend- ing her wedding not too long ago. She's Dana McKay. Welcome to the Legislature, Dana. [1335] R.

Chouhan: I would like to introduce a couple of very important people in the Legislature, in the gallery today: Pat Kasprow, the CEO of New Vista Care Home; and Sandra Price, chair of New Vista Foundation. Please join me to welcome them. M. Karagianis: I see an old friend of mine here to- day on behalf of the diabetes campaign. He left my constituency just recently but has been a longstanding supporter of Esquimalt-Metc hosin, and that's Mr. Des McCambridge. Could we all please give him a good, hearty welcome. I. Black: I have two introductions to make today.

The first is a couple of people here on Diabetes Aware- n e s s D a y . D i a b e t e s e d u c a t o r E l l e n K i r k - M a c r i i s f r o m the great riding of Port Moody–Westwood, along with Keith Lee. Would the House please join me in making them feel welcome. Second, it's a distinct ho nour to introduce the mayor of Port Moody. Joe Trasolini is with us today, meeting with us here discussing the interests of the Tri-Cities in general, particularly focused on transportation. J. McIntyre: I also have the pleasure of introducing a constituent today who's here for Diabetes Day, Geoff Goldsmith-Jones.

I don't know if he's used to this, but probably his distinguishing characteristic these days is that he's the husband of the mayor of West Vancouver, Pamela Goldsmith-Jones. I ask the House to welcome him today too. J. Kwan: It gives me great pleasure to ask the House to welcome Byron Plant, who was a former intern with the opposition caucus in 2004. I've said in this House many times that the smart interns that were assigned to our caucus during those incredible years actually saved my life and that of Joy MacPhail. So I would ask the House to please welcome Byron, coming back to visit us from Saskatchewan. Hon.

R. Thorpe: I would like the House today to welcome Lynn Kelsey, visiting from Penticton. She's here with the folks from the Canadian Diabetes Association. Would the House please make her feel very welcome. Introduction and First Reading of Bills ELECTORAL BOUNDARIES COMMISSION AMENDMENT ACT, 2007 Hon. W. Oppal presented a message from His Hon- our the Lieutenant-Governor: a bill intituled Electoral Boundaries Commission Amendment Act, 2007. Hon. W. Oppal: I move that the bill be introduced and read a first time now. Motion approved. Hon. W.

Oppal: I am pleased to introduce Bill 39, the Electoral Boundaries Commission Amendment Act, 2007. This bill follows a commitment made by the government this past September to request the Legislature to give the current Electoral Boundaries Commission instructions and a new framework to ensure that voters in all regions of the province have an effective voice in the assembly and the required authority to provide for effective representation and better voter parity, as required under the Canadian constitution.

This bill provides the co mmission with legal tools, direction and the flexibility to ensure that no region in the province has less representation under the new electoral map and that people living in growing popu- lation centres also gain the representation to which they are entitled.

8776 B RITISH COLUMBIA DEBATES W EDNESDAY, OCTOBER 24, 2007 The bill achieves these objectives by directing the commission to keep the current number of electoral districts in the three most sparsely populated regions of the province that the commission identified as the north, Cariboo-Thompson and Columbia-Kootenay.

To achieve this goal, the commission has authorized for these three regions to go beyond the population devia- tion rule contained in the act and to provide for eight, five and four constituencies respectively. [1340] To help the commission better achieve the goal of representation by population or voter parity, the bill also increases the total number of districts to be proposed by the commission to 87, which is two more than was unanimously approved by this Legislature under the current maximum under the act.

The commission made it clear that they could not meet our goals of protecting regional representation while also providing fair representation for growing regions with the six seats originally allocated. There- fore, under the new legislation, the commission will be given an additional eight seats in the Legislative Assembly. We believe this new framework provides a balance and flexibility and gives the commission the necessary room and flexibility to achieve a parity of voting power and effective representation without a massive increase to the size of the Legislative Assembly. Mr.

Speaker: Can the Attorney put the question. Hon. W. Oppal: I a l s o w a n t t o m a k e i t c l e a r , M r . Speaker, that it was never the government's intention, nor the Legislature's intention, to reduce the existing levels of regional representation in British Columbia. Reducing rural representation is unacceptable. I move that the bill be placed on the orders of the day for second reading at the next sitting of the House after today.

Bill 39, Electoral Boundaries Commission Amendment Act, 2007, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today. Interjections. Mr. Speaker: Members. FIRST NATIONS HERITAGE PROTECTION AND CONSERVATION ACT, 2007 M. Karagianis presented a bill intituled First Nations Heritage Protection and Conservation Act, 2007. M. Karagianis: I move that the bill intituled First Nations Heritage Protection and Conservation Act, 2007, be read for a first time today. Motion approved. M.

Karagianis: I'm honoured to introduce the First Nations Heritage Protection and Conservation Act, 2007. This bill will better protect first nations heritage objects and sacred sites. The bill amends the heritage protection act to include a process by which first nations can trigger protection orders when heritage sites, objects or remains are dis- covered.

I believe that this bill amends the heritage act to provide a better set of guidelines and tools that first nations, local government and the province need in order to implement protection, stewardship and conservation of first nations heritage and culturally significant areas, their artifacts and their sacred history and, as well, provide for the creation of a program to accomplish that goal. I ask that all members please review the bill and support this. I move that this bill be placed on the orders of the day for second reading at the next sitting of the House after today.

Bill M223, First Nations Heritage Protection and Conservation Act, 2007, intr oduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today. Statements (Standing Order 25

B) NEW VISTA FOUNDATION C. James: I rise today to recognize the New Vista Foundation and to acknowledge New Vista's CEO Pat Kasprow and the New Vista Foundation chair, Sandra Price, who've joined us in the gallery today. This organization was founded in 1943 by Ernest Winch, a Burnaby MLA and one of the founders of the CCF. New Vista is a not-for- profit society and charity which is dedicated to providing support and housing to senior citizens. New Vista op erates a residential care home and an adult day program, and provides housing for low-income families and seniors on its 17-acre site in Burnaby.

Its mission statement is to provide a progressive, dynamic non-profit society dedicated to enriching the lives of seniors, families and community members. Last week I was proud to attend and speak at New Vista's annual gala fundra ising dinner to raise money for their therapeutic gard en. Therapeutic gardening enables seniors to participate in group and one-on-one programs. Residents who otherwise might appear lonely and isolated are engaged in meaningful activities that contribute enormously to their quality of life.

The fundraiser brought people together from all walks of life to show their support, and at the gala dinner I heard many other stories about incredible programs that New Vista offers. In particular, I was really pleased to hear about the camping trip that they took a number of seniors on. [1345] It's wonderful to hear about a seniors care facility in this province that understands that quality of life for seniors doesn't stop at the door to a care home, that

WEDNESDAY, OCTOBER 24, 2007 B RITISH COLUMBIA DEBATES 8777 seniors in care can live enriching and rewarding lives in a supportive and caring atmosphere. I would ask all members of this House to join me in celebrating the amazing ongoing work of the New Vista Society. VOLUNTEERS D. Hayer: The true heart of a community is its volun- teers, and in my community there are many. Without volunteers, the elders would not be well looked after or cared for, pioneers would not be remembered and heroes would not be honoured.

For that matter, many of us in this House may not have been elected had it not been for the diligent work of many volunteers. Assistance provided to the province and to its citizens by those who volunteer, who give so generously of themselves and their time, is priceless. I doubt that the economy could ever generate the funding to adequately pay for the services that volunteers give from their hearts. I'm always honoured at the services provided by the volunteers in my riding. I meet with groups every week that are driven by the contribution of volunteerism.

There are dozens and dozens of these volunteer organi- zations in Surrey-Tynehead, and I try to meet with all of them as often as possible. Some of these volunteer groups I have met with include the community associations of Guildford, Port Kells, Fleetwood, Fraser Heights and Tynehead.

Along with those, I have met with the Rotary clubs of Surrey, Guildford and Cloverdale and many other groups repre- senting communities of German, Scottish, Irish, Indian, first nations, Chinese, French, Ukrainian, Dutch, African, Jewish, Filipino, Italian, English, Korean, Métis, Viet- namese, Danish, Portuguese, Punjabi, Spanish, Greek, Pakistani, American, Caribbean, Mexican, South American, Fijian and many other societies and service organizations.

The list of those who help others as devoted volun- teers is almost endless in my community, and I am certain that in every other region of this province, the worth of volunteerism is boundless. I ask the House to join me in offering heartfelt thanks to hundreds of thousands of British Columbians who so generously give their time and skills and volunteer for our province. KOOTENAY REGION UNITED NATIONS ASSOCIATION K. Conroy: Today is United Nations Day. The UN does so many things worldwide that it is difficult to focus on the magnitude of what they do in a two-minute statement.

Due to the contributions of many Canadians, Canada has been an instrumental force in shaping the international system. Stephen Lewis, Canada's former ambassador to the UN, was the UN Secretary Ge neral's special envoy for HIV/AIDS in Africa, a position that continues to influ- ence his work today. As well, there was John Hum- phreys, who helped to draft the UN declaration of hu- man rights, and Lester Pearson, who won a Nobel prize for his peace-brokerin g during the Suez crisis — to name a few.

However, I want to bring it closer to home and talk about a local individual an d group that are closely aligned with the United Nati ons. In the Kootenays we have the Kootenay region branch of the United Nations Association in Canada, which we refer to as KRUNA. They sponsor three annual events: the UN Environ- ment Day on June 5, the Hiroshima remembrance on August 6 and the UN International Day of Peace on September 21, as well as rallies and vigils for domestic and international developments as needed.

This group has many amazing people involved in the organization, and I want to acknowledge the good work they do. I want to touch briefly, though, on the work of J.J. Verigin Jr., the president of KRUNA and executive direc- tor of the Union of Spiritual Communities of Christ. J.J. is the son of the present-day leader of the Doukhobors and the great-grandson of Peter Lordly Verigin, the original leader of this peace-loving group of Russian immigrants. The Doukhobors followed the belief: "Toil and a peaceful life.

The welfare of the whole world is not worth the life of a single child." J.J. takes this philosophy literally and puts his beliefs into actions. He is well known in the United Nations circle in New York as well as across Canada, especially by those actively involved in the peace m o v e m e n t . H e i s a n i n d i v i d ual who continues to make the United Nations the viable organization it is today. Without the unity and cooperation and a forum to discuss international issues, the world would be a much worse place.

The clear impact of the United Nations and the advancement of human rights will never, ever go away. Today in the chamber, I ask all members of the House to join me in wishing the United Nations a happy 62nd birthday and many more to come. [1350] ENVIRONMENTAL LEADERSHIP IN NORTH VANCOUVER K. Whittred: Today I rise to congratulate the city of North Vancouver for their commitment to creating a green and healthy community.

As a fitting tribute to their leadership in this area, the city of North Vancouver was this year's winner of the province's inaugural Green City Awards for a population of 25,000 to 100,000 people. Along with providing substantial cash awards to local governments, the Green City Awards provide provincewide examples of municipal leadership en- couraging healthy lifestyles, energy conservation and beneficial environmental practices. The city of North Van is quickly increasing its density, yet it maintains easy access to green space. The city is planned to encourage and enable people to leave their cars at home.

Projects like the Green Necklace are creating green cycling and walking trails in the heart of high- density residential areas, which enable residents to get to their destinations while leaving the car at home. The Lonsdale Energy Corp. is an award-winning creation of the city. The LEC provides high-efficiency heating systems which reduce carbon dioxide emis- sions and can in the future be powered by alternate energy sources such as solar. In fact, the city is a

8778 B RITISH COLUMBIA DEBATES W EDNESDAY, OCTOBER 24, 2007 pioneer in public solar power usage and will have solar power in its new library. Congratulations to the city of North Vancouver for its leadership in promoting healthy living and innovative conservation practices. DIABETES A. Dix: Today in the Legislature is Diabetes Day, and I want to acknowledge all the volunteers and staff of the Canadian Diabetes Association who are here with us.

We learned today that there are 250,000 people who suffer and deal with diabetes every day in British C o l u m b i a a n d t h a t t h a t n u m b e r i s e x p e c t e d t o g r o w dramatically over the next few years. We learned that people with diabetes are twice as likely to die early, that their life expectancy is on average 13 years less than the average person's and that diabetes is a leading cause of heart attacks, strokes, kidney failure, adult blindness and limb amputation. I know many members on both sides of the House met with people today.

We also saw many people who are expressions of hope in how to deal with this disease. We met with Heather Van der Geest of Victoria, who is a champion rower and who spoke to us about her efforts and her life dealing with type 1 diabetes. We met with David Sky of Vancouver, who has struggled for 40 years with the disease. David is blind and on dialysis, and he lives with two prosthetics, but his story of courage and determination shines through. We met with Sheila Jack from Langley, who works for the Langley school district with aboriginal people and who has type 2 diabetes.

She not only deals with her own disease in a courageous way but also works with aboriginal people, who have suffered an epidemic of diabetes in British Columbia. I think their stories tell us that it is important for us all t o w o r k t o g e t h e r t o h e l p p e o p l e w i t h d i a b e t e s m a n a g e their disease. I have the disease. Good health care helped me achieve many of my dreams. I hope all of us will work together on this day as legislators to ensure that we help all people with diabetes achieve their dreams. STEELHEAD R.

Sultan: I propose that we should declare that the magnificent steelhead is our provincial fish. Steelhead are big, muscular, good-looking, self-reliant, loyal to their origins and demanding of a clean environment — just like other British Columbians. They thrive in fast, clear water from Haida Gwaii to the alpine meadows of Sustut and Johanson. As we look forward to 2010, we should also recog- nize that steelhead are aquatic Olympians, travelling farther and faster than any other salmonid — almost to Asia. They are not preprogrammed to spawn and die.

They travel back and forth up our waterways and back to sea, always searching for the most favourable domi- cile — just like other British Columbians. Are there other contenders? Well, of course. Some advocate the salmon. Now, salmon have achieved iconic status prehistorically on totem poles and on our dinner tables. It would add little to their lustre to name them now. [1355] Some advocate for white sturgeon, relics of the preglacial period. True to their creed, members opposite point out that sturgeons qualify on grounds of seniority. But we must disqualify them as hardly handsome.

Finally, there's the stickleback, where males of the species prepare a spawning site and court passing females who tarry a while and then take off, leaving the males to raise the children. While some might relish such role reversal, we cannot recommend it. Therefore, the evidence is clear. The steelhead wins. Oral Questions DISTRIBUTION OF BOOSTER SEATS TO LOW-INCOME FAMILIES C. James: Yesterday it was revealed that the Minister of State for Childcare chose to politicize child safety.

Instead of using government service agencies like the Employment and Income Assistance offices that are located in communities, instead of using her own ministry's regional offices which are located in all communities, the minister instead chose 12 Liberal constituency offices. Instead of putting trained caseworkers across this province in charge of getting booster seats to low-income families, she chose partisan photo ops. To the Minister of State for Childcare. The BCAA made it very clear to the media that the decision was made in her office.

So my question is: why did she put photo ops and politics ahead of child safety? Hon. L. Reid: I understand the public perception around this issue, and in retrospect we probably would do the distribution differently. But the facts remain. Every region of the province benefited from this program. Interjections. Mr. Speaker: Members. Hon. L. Reid: I'm happy to repeat it. Every region of this province benefited fr om this program fairly and equitably. In fact, 53 percent of the family resource programs which received seats in this province were in opposition-held ridings.

It was done with the full support of the Automobile Association and the Association of Family Resource Programs, and they, in fact, chose the families who were to receive the seats. Let me also remind the opposition that they were the ones who voted agains t the funding when they voted against the budget. Interjections. Mr. Speaker: Members. Leader of the Opposition has a supplemental.

WEDNESDAY, OCTOBER 24, 2007 B RITISH COLUMBIA DEBATES 8779 C. James: The one thing the minister said that was accurate is that the facts are clear. The facts are very clear that this minister chose partisan politics over child safety. If she now is saying that she would have done things differently, will she take responsibility, admit her mistake and step down? Yesterday one unnamed Liberal MLA actually said to the media: "I asked what the hell was going on.

They said, when they arrived, 'Just give them away.'" David Dunne of the Traffic Safety Foundation told the media that it was the minister's office that provided the list of Liberal-only offices. The minister made the decision to politicize this. Only Liberal offices got the booster seats. Only Liberal MLAs passed them out and got the photo ops. Again, my question to the minister of state: will she admit that she was wrong? Will she stand up in this House and say that she was wrong to put Liberal politics ahead of child safety? Hon. L. Reid: Perhaps the Leader of the Opposition was not listening.

The promotion of child safety is a government initiative in British Columbia. The objective of this program was met in terms of distribution. All regions of the province received seats. [1400] In fact — and I will repeat for the interest of the Leader of the Opposition — 53 percent of the family resource programs that received seats were in opposition- held ridings. Vulnerable families who needed seats received them, hon. Speaker. Mr. Speaker: The Leader of the Opposition has a further supplemental. C. James: The Minister of State for Childcare wants us to believe that politics had nothing to do with this.

Well, Mr. Speaker, what she forgets to say is that those booster seats were handed out to agencies from Liberal MLA constituency offices only. That's the only place they were handed out from. It doesn't explain why Liberal MLAs, including the Premier himself, actually had photo ops handing out booster seats. Amazingly enough, his office wasn't listed on the distribution list that was passed out by the minister yesterday. But on the top of his own website was a picture of the Premier passing out booster seats — on his own website. Of course, in the last 24 hours the Premier's website has had that picture removed.

It's incredible. I'm happy to say that the Premier can't hide from Google. We found the picture of the Premier. Again, to the minister of state: it's very clear that the Premier is embarrassed by this entire incident. The Premier is so embarrassed that he removed the picture from his website of himself handing out a booster seat. Why isn't the minister herself embarrassed by this situation? Hon. L. Reid: I'm happy to state again that I under- stand the perception around this issue. Certainly, we would do distribution differently in the future. I am happy to put that on the record.

I'm also happy to say we're proud of the partnership we have with the B.C. Automobile Association. We've achieved the purpose of the program — child safety seats into vulnerable families in British Columbia. The provincial distribution objectives for the program were met. Certainly, the B.C. Automobile Association, the B.C. Association of Fami ly Resource Programs…. I want to assure you and other members of the Legislature that all of the family resource program members in the province were invited to submit requests for seats specifically for families who could least afford the added expense.

Family resource programs located in communities throughout the province submitted their requests, and the list was sent to David Dunne at the British Columbia Automobile Association. Interjections. Mr. Speaker: Members. C. Trevena: I'd like to quote the Premier, who said when he was Leader of the Opposition: "Let's forget about how parents voted.

Let's try and provide the facilities for the kids where they need it." U n f o r t u n a t e l y , h i s m i n i s t e r r e a l l y d i d n ' t l i v e u p t o that statement, because while she may say that we have 53 percent going to NDP-held areas, we have very strange instances where some areas got almost none. I represent North Island. No rth Island got five booster seats in Port McNeill. Campbell River got none. I'd like to ask the minister why she did choose to use Liberal offices to really score political points, when certain communities didn't get any seats.

She could have used the government infrastructure, MEIA offices or MCFD offices, to ensure that these seats got thoroughly distributed. Hon. L. Reid: We achieved geographic reach across British Columbia. In terms of the distribution centres…. Interjections. Mr. Speaker: Members. Continue, Minister. Hon. L. Reid: In terms of the distribution centres selected — Kootenays, Kamloops, the lower mainland, Peace River, Prince George, Surrey, Burnaby, Mission, the Sea to Sky corridor — a pretty effective reach across British Columbia. In fact, have we indeed achieved the distribution objectives of this program?

Yes, we have. [1405] Interjections. Mr. Speaker: Continue. Hon. L. Reid: Are children today safer as a result of this program? Yes, they are.

8780 B RITISH COLUMBIA DEBATES W EDNESDAY, OCTOBER 24, 2007 Mr. Speaker: The member has a supplemental. C. Trevena: I find the minister 's understanding of geography a little confusing and her geographic reach somewhat confusing. The North Island constituency covers about half of Vancouver Island, and we have had five seats distributed there. I know that in other instances there have been no seats distributed. Yesterday the minister of state produced a list which showed that 12 offices of Liberal MLAs served as these distribution points. We have heard that the Premier got to hand out booster seats.

His office wasn't on that list. The Minister of Employme nt and Income Assistance, the member for North Vancouver–Lonsdale, the member for Delta South and the At torney General also got booster seats, and they weren't on the minister's own distribution list. They got the booster seats, and as people have been saying, they were able to boost their political profile. I ask the Minister of State for Childcare yet again: why did she put partisan politics ahead of kids' safety for every child in this province? Hon. L. Reid: The member opposite seems to have a particular interest in Vancouver Island.

I am more than happy to put the entire distribution for Vancouver Island on the record. Black Creek, 20 seats; Courtenay, 15 seats; Duncan, seats; Gabriola Island, seats; Ladysmith; Nanaimo, Pacific Child and Family Enrichment Society; Boys and Girls Clubs of Central Vancouver Island; North Island Community Services in Port McNeill; Saanichton; Saltspring Island; Sidney; Sooke; Victoria. This may be of interest to the members opposite. We certainly have the UVic Family Centre, James Bay Community Project… Interjections. Mr. Speaker: Continue. Hon. L. Reid: …Esquimalt Neighbourhood House… Interjections. Mr.

Speaker: Continue. Hon. L. Reid: …Burnside Gorge Community Asso- ciation, Blanshard Community Centre, Capital Families Association and Oaklands Community Centre. All in all, for Vancouver Island: 390 seats. G. Coons: I find it interesting that the minister put on record today that all areas of the province were treated fairly and equitably and that all regions of the province received seats. The minister of state wants us to believe Liberal offices were used out of fairness, but not one booster seat made it to the Queen Charlotte Islands.

She could have sent booster seats to the Ministry of Children and Family Development office in Queen Charlotte City. She could have sent booster seats to the Employment and Income Assistance office in Masset. That's where professionals who work with low-income families work. Again, to the minister: if this wasn't about politics, why didn't she use her own regional ministry offices to get these booster seats to people who need them the most? Hon. L. Reid: I believe the member opposite perhaps has missed the point about how the distribution was done. I'm happy to put it on the record. Interjections. Mr.

Speaker: Minister, continue. Hon. L. Reid: He continues to speculate that indeed the seat distribution was not done by professionals who understood vulnerable families in the communi- ties of British Columbia. Again, the B.C. Association of Family Resource Programs…. I'm happy to repeat it, hon. Speaker. I want to assure you… [1410] Interjections. Mr. Speaker: Members. Continue. Hon. L. Reid: …and other members of the Legislature that all of the family resource program members in the province were invited to submit requests for seats, specifically for families who could least afford the added expense.

Family resource programs located in communities throughout the province submitted their requests, and the list was sent to David Dunne at the B.C. Automobile Association. H. Bains: This minister is desperately trying to make us believe that this is not about partisan politics, but she forgot to tell that to BCAA. When one of the opposition MLAs in Surrey contacted BCAA to get some booster seats for that office, during the discussion she was asked if her MLA is a Liberal MLA. Guess what. That MLA did not get any booster seats after requesting them.

This minister clearly shows that she was using tax- payers' money and children's safety to boost Liberal political gains. What she finally can do — the least she could do — is stand up and apologize to the families of B.C. who were left out because of her politicization of children's safety. Hon. L. Reid: As I've said, the promotion of child safety is a government initiative. In terms of the Fraser Valley distribution: 345 seats — Coquitlam, Delta, Hope, Langley, Maple Ridge, New Westminster. In Surrey…. Interjections. Mr. Speaker: Members.

WEDNESDAY, OCTOBER 24, 2007 B RITISH COLUMBIA DEBATES 8781 Hon. L. Reid: Options: Services to Communities Society in Guildford, one in Clover Valley, one in Newton and one in Whalley, so very close to 60 seats for Surrey. M. Farnworth: The minister wants to stress that they went fairly, but she misses the central point — that it was done through partisan political offices, and it was done deliberately…. Interjections. Mr. Speaker: Members. M. Farnworth: It was done deliberately through Liberal constituency offices. That's a partisan political decision — when it was not done anywhere else. Interjections. Mr.

Speaker: Member, just take your seat. Members, listen to the question; then we'll listen to the answer. Continue, Member. M. Farnworth: I guess the members didn't listen to what the minister said, because she herself said that perhaps she should have done it differently. Well, guess what. She should have done it differently. She took what was a great idea, debased and botched it through incompetence. She should apologize to the Premier, who was so embarrassed he had to take it off his own website.

More importantly, will th is minister apologize to the hundreds of capable civil servants and government employees working in British Columbia, in distribution centres paid for by the taxpayers of this province, who work with low-income people every day and who could have done that job very, very effectively? Hon. L. Reid: I'm not sure there was a question there, but it gives me a great opportunity to talk about the program. Constituency offices…. Interjections. Hon. L.

Reid: The British Columbia Automobile Association will continue to distribute seats in British Columbia, as will the family resource programs in Brit- ish Columbia. I can assure the member opposite that we on this side of the House… Interjections. Mr. Speaker: Members. [1415] Hon. L. Reid: …don't believe the constituency of- fices are partisan. Nor do we believe that booster seats are political. Interjections. Mr. Speaker: Members. SCHOOL DISTRICT FUNDING D.

Cubberley: School districts in British Columbia trusted the minister and her deputy minister when they said, time and again, "The money is the money," and they planned their current school year accordingly. They absorbed the loss of fee revenues and the held-back money. They offset as best they could the lack of support for special needs kids, and they got on with the job of delivering a quality education to all our children — until last week when they received a directive cancelling stable funding for kids taking fewer than eight courses in high school. Boom — just like that.

My question to the minister: why did the minister make yet another unilateral change to school funding without notice, without consulting and without calculating the impacts on school district budgets? Hon. S. Bond: One thing I am absolutely certain about is that in British Columbia today, the public edu- cation budget is higher than it has ever been in the province. In fact, in March this government said that it would send a record $4.34 billion in operating funds to school districts, and as of today and as of tomorrow and as of the months that lie ahead, that will not change.

Every dollar that we committed in the budget will go to education in the province. Interjections. Mr. Speaker: Members. Member has a supplemental. D. Cubberley: Well, the minister didn't actually answer the question as to why she cut the stable grant in the course of a current school year. Cutting the base grant for every student and replacing it with a per-course grant will cut funding to schools and districts facing declining enrolment. The minister must be aware that many kids don't take eight courses in high school in a school year for all kinds of reasons.

For school s with a lot of those kids, this is a funding cut, pure and simple. So why spring it without warning, without gu aranteeing no net loss of funding? Why make it retroactive with the year already in progress? If the intent isn't to disrupt and destabilize the system, will the minister immediately rescind the order and agree to consult with trust ees and identify the impacts before implementing funding changes? Hon. S. Bond: Perhaps now we have a much clearer understanding of why the 1990s ended up the way they did when the NDP do math like that. In fact, let's be clear. Interjections.

8782 B RITISH COLUMBIA DEBATES W EDNESDAY, OCTOBER 24, 2007 Mr. Speaker: Members. Interjections. Mr. Speaker: Minister, take your seat. Minister, continue. Hon. S. Bond: Well, in fact, there was inequity in the funding system. On this side of the House we actually believe that we should fund students appropriately, but we should not double-count students. That's exactly what was happening. Every single dollar that was com- mitted in the budget — over $4.34 billion, the highest amount ever — will go to education this year. We're proud of that record, and that will happen as it was said it would. Interjections. Mr.

Speaker: Members. Member for Cariboo North. Interjections. Mr. Speaker: Members. Members. Just take your seat for a second. Members. Continue. [1420] CALL FOR AUDIT OF TREE FARM LICENCE LAND REMOVALS B. Simpson: Mr. Speaker, tree farm licences were issued in this province in the 1950s.

Here's what the 1956 royal commission on forestry says was the fundamental reason a tree farm licence was awarded: "First, the stabil- ity of employment in dependent communities and, second, establishment of permanent fo restry on private lands." That was the social contract — community stability and permanent forestry, not tax-free status until the time was right to sell the land for other uses.

Today the environmental law clinic, on behalf of a host of injured parties, has asked the Auditor General to conduct an investigation into the Minister of Forests's failure to get fair compensation for the people of British Columbia. As we know, the Auditor General, as a result of Liberal budget cuts, has limited resources. My question is to the Minister of Finance. Will the Minister of Finance ask the director general to conduct an audit into all private land releases to determine what compensation the province of British Columbia should have received? Hon. M. de Jong: I'll take the question on notice for the….

Interjection. Mr. Speaker: Member. Taken on notice? Hon. M. de Jong: I'll take the question on notice for the Minister of Forests, Mr. Speaker. EMPLOYMENT PRACTICES AT RETIREMENT CONCEPTS SENIORS FACILITIES A. Dix: Lynanne Beck has been an acute care nurse for over 30 years. She has a master's degree in health studies. On September 30, as the Minister of Health will know, she wrote to the minister and the appropriate licensing branch of the Vancouver Coastal Health Authority, raising con- cerns about a health care facility that she was working in as an agency nurse.

Subsequent to writing that letter, she was fired from her position from We Care. Does the Minister of Health agree with me that that is a completely unacceptable way to treat people in British Columbia, especially people who are bringing issues of serious concern to the attention of the proper authorities? Will he condemn this action, and will he take steps to ensure that she is reinstated? Hon. G. Abbott: I thank the member for his question. Ms. Beck did send a letter to my constituency office, I t h i n k , i n v e r y l a t e S e p t e m b e r .

I t w a s r e c e i v e d i n m y Victoria ministerial office on October 2. On October 3, Vancouver Coastal Health contacted Ms. Beck, and on October 4 the licensing official from Vancouver Coastal Health visited the site and began a review in respect of the allegations that had been tendered by letter by Ms. Beck. I should note for the member that Ms. Beck is not a government or a health au thority employee. I under- stand that she is employed by a private firm. I do not know the contractual basis of her relationship with that firm. But if Ms.

Beck has an issue with respect to her employment or terminatio n of her employment, I'm sure she will avail herself of the employment standards branch, the Labour Relations Board or other appropriate authority to remedy the matter. Mr. Speaker: Member has a supplemental. A. Dix: The minister's positi on appears clear. "If y o u h a v e i s s u e s w i t h R etirement Concepts, don't bother me. I'm only the one responsible.

Take them up with Retirement Concepts." If you bring issues that are appropriately the juris- diction of the Minister of Health to the attention of the Minister of Health, you are in fact subject to firing in British Columbia. This is a shocking situation. Doesn't the Minister of Health agree with me? Isn't this an argument for independent reviews? Isn't this an argument for wh istle-blower protection so that people don't have to suffer this kind of attack when they simply do what they have to do, what they a r e o b l i g e d t o d o a s r e g i s t e r e d n u r s e s , w h i c h i s t o protect standards?

Shouldn't sending a letter to the Minister of Health get you some respect in British Columbia, when you do it appropriately, rather than being fired? [1425]

WEDNESDAY, OCTOBER 24, 2007 B RITISH COLUMBIA DEBATES 8783 Hon. G. Abbott: Anyone who has a concern or an allegation to make in respect of the operation of a care home or indeed some other facet of health care delivery in this province should abso lutely bring those forward. It is always tempting to want to submit political judg- ments for legal or other judgments, but I think it would be most inappropriate. I'm sure members opposite would be the first to say, were I to attempt to substitute political judgment for the legal rights of Ms. Beck, that I was wrong. I'm sure they'd be the first to say that.

We have to ensure that these matters are adjudicated appropriately. Clearly, if there is an employment or contractual issue between Ms. Beck and her private employer…. Again, she is not a government employee; she is not a health authority employee. If she has an issue, she should take it up with the appropriate authority. MUSQUEAM TREATY NEGOTIATIONS S. Simpson: Mr. Speaker, recently on Voice of B.C. the Minister of Aboriginal Relations confirmed that about 35 acres of Pacific Spirit Park are involved in the discussions with the Musqueam at this point.

Could the minister confirm for us whether it is now the position of the government that parkland, whether it be provincial or regional, is now potentially on the table for negotiations — and for treaty negotiations? And if that is the case, when did he plan to have a discus- sion with the people of British Columbia about putting parkland on the table for negotiations? Hon. M. de Jong: I can advise the member — and I thank him for his question — that as I indicated on the program that he has referenced, there have been discussions taking place for some time involving the Musqueam.

I think that is well known and in the public domain. Those specific discussions have focused on a parcel of land, approximately 13.8 hectares — whatever the conversion on that is — which is stranded from the main part of Pacific Spirit Park. It is on the south side of Marine Drive, and there are discussions. It is a parcel of land that the Musqueam have had an interest in for some time, and as I indicated on the program, it has been the subject of the di scussions and negotiations that are ongoing. [End of question period.] Hon. M. de Jong: Point of order, Mr. Speaker.

For the second time this week the Leader of the Opposition has made accusations that are simply with- out foundation. I am prepared to accept…. Interjections. Mr. Speaker: Members. Hon. M. de Jong: Earlier in question period — and perhaps if members making comments don't know the rules, they will take the time to find them out; I did not interrupt proceedings during question period, as is the practice in this chamber — the Leader of the Oppo- sition prefaced her remarks by making reference to a particular photograph on a website. Her statement was incorrect. I am reliably advised that it is simply incorrect.

I am prepared to accept, for the purpose of this dis- cussion, that she did not purposely mislead the House, but I do think she owes this chamber the duty of ensur- ing that her information is accurate and, where it is not, to accept at face value what I am telling her and to apologize for providing information that is inaccurate. Interjections. Mr. Speaker: Members. Members. M. Farnworth: That's not an official standing point of order, and we stand by the information that was presented. [1430] S. Hammell: I ask leave to make an introduction. Leave granted. Introductions by Members S.

Hammell: I'd like to acknowledge both June and Joe Laitar, who are in the ch amber. June is the presi- dent of Kla-how-eya Aboriginal Centre, and Joe is one heck of a supportive husban d. They make that place sing, and they do wonderful work for the first nations and aboriginal community in Surrey and Delta. So would the House please make them welcome. Orders of the Day Hon. M. de Jong: Continued second reading debate on Bill 40, Tsawwassen First Nation Final Agreement Act. Second Reading of Bills TSAWWASSEN FIRST NATION FINAL AGREEMENT ACT (continued) G.

Robertson: It is indeed my honour to speak today to Bill 40. To begin with, I want to recognize our pres- ence today in the traditiona l territory of the Songhees and Esquimalt First Nations. I rise today to speak in support of Bill 40 and, spe- cifically, the Tsawwassen people, who have worked long and hard for this agreement. I congratulate, first and foremost, Chief Kim Baird and all of the people in the band for this most historic achievement. Generations of Tsawwassen people have negot- iated tenaciously to resolve these issues of self- determination, land ownership and economic inde- pendence.

Kudos go to you all — from those who have

8784 B RITISH COLUMBIA DEBATES W EDNESDAY, OCTOBER 24, 2007 passed on to join the ancestors, to Chief Baird and her community. Today you can all look forward to a brighter future, knowing that your children and your grandchildren have far more control of their own destiny. [K. Whittred in the chair.] The great injustice of this land, of this province, is the outrageous theft of la nd and self-determination from the first nations by the people who came here in modern times. It has not been resolved. It continues to haunt this province, to hold us back as a society, as an economy, as human beings.

Today we take another small but important step in addressing that injustice, but as important a day as this is for the Tsawwassen people, we must recognize that the legislation we're passing into law is imperfect, and the litany of injustices affecting the first nations of this province are anything but solved.

So in addition to recognizing the Tsawwassen people, I will take this opportunity to address those imperfections and injustices, in the hopes that we can redouble our efforts to settle treaties, to improve the substance with all future treaties and to en sure that the words in this House translate into meaningful action for all aboriginal people in this province. I'm the fifth generation of my family to live on this coast, to share the land and sea with the first nations who have lived here for countless generations. For my family, this coast was like a homecoming.

Driven from our ancestral lands in Scotland and Ireland by war, by religious and ethnic persecution, we were given sanctuary and a new beginning in this country. We were able to escape injustice and oppression, but we gave up our homeland to do that. Fortunately, we were welcomed here by the first nations. Eventually my family came west to this coast — a coast that's quite similar to where we originally come from in Scotland and Ireland, loaded with salmon, l o a d e d w i t h n a t u r e ' s a b u n d a n c e .

M y p e o p l e w e r e a minority here in B.C. for some decades, but were treated as if we had every right to be here and to build better lives. We had the advantage of many generations of experience with the wheel s of progress, living right next door to the English. [1435] We were equipped, therefore, to capitalize on the fast-evolving economy, to seize the opportunities that this province had in spad es. The resources and the population growth create d mind-boggling economic potential which was realized by those who could adapt or had a hand up at the start, and we did.

Much of this happened at the expense of the first nations. Despite attempts by some immigrants — new citizens of Canada and B.C. — to support aboriginal people who welcomed them he re, the tables turned all too fast. The tragic history of epidemics, loss of tradi- tional territories and cultur al traditions, ruthless dis- crimination and expropriation is something that every British Columbian must acknowledge and lament. Acknowledging our history and this sordid history is the first step in reconciliation. Even more important, though, is accepting that a great deal remains to be done today.

A great deal remains the same for many aboriginal people in B.C. as the inequity continues. The deplorable standard of living for many abo- riginal people has been described in great detail by my colleagues here in the Legislature in this debate. Some of the statistics are incredibly shocking. HIV and AIDS rates for aboriginal people are twice as high. Rates of diabetes are triple the rest of the population. Alcohol-related deaths are four to nine times higher for aboriginal people. The teen pregnancy rate is six times higher. The imprisoned-youth rate is seven times higher. Child poverty is double the rate.

Unemployment is double the rate of the rest of the population. These numbers are staggering. They roll off the tongue like any other number, but the true impact on human lives and communities is brutal. These conditions did not exist before the onslaught of immigration from Europe and Asia. They're certainly perpetuated by the absence of fair and honourable treaties. First nations rightly see tr eaties as a crucial compo- nent of their efforts to eliminate these conditions. We must be steadfast and determined to settle treaties and to expunge the injustices and inequities in this province.

I trust that this agreement will go a long way to address this for the Tsawwassen people, but I fear that it may not go far enough. In fact, it may compromise the critical treaty process for other first nations. I'm greatly concerned, as we ll, that the focus on trea- ties alone won't do it. There's a big disconnect between the endless mumbo-jumbo of protracted negotiation, debate and law-making between all of these governments and the incredible need for action on the ground in communities. The B.C. Treaty Commission process has cost us as taxpayers a billion dollars to date and has produced only one treaty.

That must change. Treaty-making in B.C. must have a sense of urgency, but beyond the treaty-making is the need for implementation. In their comprehensive review of treaty-making in the Americas, the United Nations special rapporteur concluded that the greatest failure in treaty-making was the failure of colonial gov- ernments to fully implement what they had negotiated with first nations — to make it real.

Here we are in 2007 with only one modern treaty in place through the process an d a painfully slow treaty process grinding along, with intolerable living conditions a daily reality for far too many aboriginal people. We have a substantial agreement before us to debate, and concurrently, we have a raft of interim measures — stripped-down business deals, if you will — in place to drive some economic growth. No doubt, there's lots of room for improvement, so I will focus my comments on how to go about this improvement.

I'll start where this agreement falls short, regretfully, and then address some of the broader needs of our treaty process. The Tsawwassen agreement is very significant in that it is the first treaty to be successfully concluded

WEDNESDAY, OCTOBER 24, 2007 B RITISH COLUMBIA DEBATES 8785 under the B.C. treaty process. It's a good thing that it's being concluded, but there are dangerous precedents within it that must be reckoned with. At its core this is not a treaty. This is a business deal. There's no mention of the word "treaty" in the agreement. My support for this legislation shouldn't be mistaken as approval of the business deal as such. [1440] There are many problems with the deal — there has been great compromise — and I will voice these in the hopes that these mistakes are not made again.

If these mistakes are perpet uated and compounded, the consequences will multiply exponentially, and the treaty process could be hopelessly compromised. Tragically, the agreement fails to recognize aboriginal rights and title. This agreement purposefully embraces modification rather than recognition of aboriginal rights and title, which is a key element of reconciliation. There's been much talk about reconciliation, but business transactions, by their very nature, cannot address true reconciliation.

Any modification of constitutionally recognized rights in an agreement that comes before this Legislature is of great concern. By failing to recognize these rights specifically, this agreement flirts with denial or even extinguishment of aboriginal rights and title. We in this House must be vigilant to en sure that this modification is not, in fact, the new relationship, and we must demand those assurances from the government. At the core of reconciliation is the recognition of the existence of aboriginal rights and title. This was the basis for the new relationship document and the Kelowna agreement.

This recognition was expected to result in changes to legislation, policy, regulation and ministry service plans and budgets. These are the tangible products of the provincial government , but this isn't happening. It's not in this agreement, and the commitment to recognize aboriginal rights and title hasn't made its way into the legislation, policy or regulation emanating from this government. What we have from this government and within this agreement are business deals, resource agreements, pro- gram agreements, interim measures.

There's no sign of the Premier's commitment to recognize aboriginal rights and title, which essentially means the adversarial approach continues. Talk about a missed opportunity. Here was the first chance to combine the B.C. Treaty Commission process with the new relationship to achieve true reconciliation, but the recognition of rights and title is missing, and modification appears to be the de facto substitute.

This glaring omission is an ongoing source of frus- tration and mistrust for many first nations, who continue to have to resort to protests, blockades and even legal action against the provincial government to pursue true reconciliation. Does this sound like a new relationship? Does this sound like a ge nuine commitment from the provincial government to reconciliation? No.

It's very important to cons ider this agreement in the context of the new relationship , but this is challenging, particularly given the lack of clarity about how the new relationship will catalyze real change and the contradictions between this document and the ongoing actions of the Premier and his government. B.C.'s Auditor General is critical of the lack of defi- nition around the new relationship, which only leads to more uncertainty. The Audito r General is also critical of the so-called breakthrough strategy, where negotiators concentrate on a few tables at the expense of all others.

The April 2007 report from the Auditor General also points out that these busine ss deals being done outside of the treaty process may prove to be a disincentive to successful negotiations. The failure to follow through on the new relationship commitments is notably evident in the Premier's refusal to speak out against the government of Canada's shameful rejection of the UN declaration on the rights of indigenous peoples. Only three countries in the world voted against this declaration, with 144 supporting, and B.C.'s Premier was silent on this outrageous stance.

This belies the trust of the first nations and is a total embarrassment for British Columbians and all Canadians. The Leader of the Opposition asked some very important questions about the new relationship. Has the Premier signed the document? Has the accord fundamentally improved provincial mandates on abo- riginal self-government? Has the new relationship improved the day-to-day lives of aboriginal people? The answer to these three questions is no. So much for transformative change. [1445] The commitments of the Premier in the new rela- tionship document must be solidified and honoured by this government.

Rather than cutting more business deals, they must focus on true reconciliation. Now, this agreement is very specific to the Tsaw- wassen First Nation, and it will no doubt bring positive change for the people, but it falls short of the crucial commitment to true reconcilia tion. Beyond this missed opportunity to achieve reconciliation, there are other important concerns about this agreement, concerns that have been expressed by other first nations. I'll address those now.

There is the potential for negative impacts on the rights and title of neighbouring first nations who aren't currently in negotiations with government — first nations such as Semiahmoo and Senc oten and all of the first nations on southern Vancouver Island who entered into treaties with the Crow n under Governor Douglas. This government is obliged to provide clear assurances to those first nations, and legislation would be the most unequivocal way to provide this. Will this be forthcoming from this government? There is great concern ab out this agreement serving as a template for future agre ements or treaties.

Again, the failure to explicitly recognize aboriginal rights and title comes into the picture. The absence of this and the potential that this agreement creates a limit or ceiling on other negotiations or agreements are both very problematic. This is particularly troubling due to the "me too" clause in this agreement that ensures the Tsawwassen

8786 B RITISH COLUMBIA DEBATES W EDNESDAY, OCTOBER 24, 2007 First Nation that any improv ed terms in future deals will automatically be imported into this agreement. Although this certainly makes sense for the Tsawwas- sen people, it has the potential to have a chilling effect on other agreements as nego tiators insist that they can't exceed the terms that are comparable to those within this agreement. Th e consequences are poten- tially disastrous for the treaty process if, indeed, this is the resulting impact.

With all of these concerns with this final agreement and its shortcomings as an actual treaty, I want to return to the issue of business deals. In many ways this agreement walks and talks like a business deal, but it is many steps beyond the typical business deals being done around the province with first nations, most of which are referred to as in terim measures or accom- modation agreements. Given the snail's pace of the treaty process and uncertainties about the eventu al results, it's totally understandable that first na tions pursue interim meas- ures.

It's an opportunity to get a share of the resources that were taken away, but these business deals are not alternatives to treaties. These interim measures give industry access to resources in first nations traditional territories. They generate revenue to the provincial government, to the treasury, and create some benefits for first nations, but they don't settle either th e land or governance ques- tions that are the very reason for treaty negotiations. They certainly don't address ab original rights and title. Therefore, they are not alternatives to treaties.

Rather than taking a bold step forward and negoti- ating a treaty that recogniz es the fundamental issue of aboriginal rights and title, my profound concern here is that this government insisted on an agreement that more closely resembles a business deal. By doing so, a great opportunity was purposefully averted by a government with a long history of disrespecting first nations. The most troubling element of this business deal approach by the government is the inclusion of lands from the agricultural land reserve in this agreement.

The precedent for removing 207 hectares, about 500 acres' worth, from the ALR from this agreement is of great con- cern to many British Columbians, as this could intensify our enormous challenges with food security. A s h a r d a s i t m a y b e t o i m a g i n e , f o o d s e c u r i t y i s paramount to survival. Most of us here in B.C. are well insulated from this threat, but our survival hinges on the daily arrivals of food from far away. This is a dan- gerous dance we do, and if we ignore it, we ignore it literally at our peril.

As a former farmer, as someone who has made a living from land, raising my kids from the bounty of the farmland along the Fraser River, the potential loss of excellent farmland to industrial use is very dis- turbing. My hopes are very high that the Tsawwassen people will steward this land for its highest purpose, which is supporting life. It is incredibly productive land, whether as cropland for humans or forage and habitat for other species. [1450] The Tsawwassen took care of this land for thou- sands of years before either industry piled up at Delta- port or the ALR was created.

There's no reason to assume they would sacrifice such precious soil for a short-term cash flow. That hasn't been their way, but stranger things have happened and certainly happen every day with non-native communities. It's assumed that some development will occur on this returning land base to accommodate the Tsawwassen people and to develop their economic base. This is certainly reasonable, given the limited space and unacceptable conditions that they've been living in for generations. But the hope for many of us is that the prime agricultural land won't be lost to industrial development.

The Tsawwassen people are in an unfortunate pre- dicament. The vast majority of their lands have been taken up by third-party interests. They need living space, they need working sp ace, and they need to cre- ate a local economy. The limited area there on the delta includes a significant proportion of ALR. The solution put forward in this agreement by this government is unacceptable to many British Columbians, who fear the worst, who assume that the exceptional soil will be paved for industry. Loss of this land to industrial usage for Deltaport expansion would be a travesty.

It would be the antithesis of sustainable development. Again, the blame lies squarely on this government and their approach to negotiating this agreement. The government could have come up with other proposals for economic development that minimize or eliminate the potential for industrial development on the productive farmland. There should have been a solution that pre- vented the removal of fertile farmland from the ALR. The fact that removal of ALR is in the agreement stirred up a great deal of debate within our caucus and within the New Democratic Party and, more broadly, in the communities that we serve.

Indeed, it should. This is a huge dilemma — the prospect of settling a treaty but po- tentially losing farmland from production permanently. This forced us to grapple with our core values: social justice and stewardship of the land. We don't accept that this trade-off is necessary. The government could have taken a different approach. This is their scheme, and it does create a dangerous precedent for future treaties. We must raise our voices to prevent further loss of lands in the ALR. We must be vigilant in all dealings to protect this critical resource. It is our lifeline.

Despite over half of our food being shipped in from hundreds, thousands or even tens of thousands of miles away, the time will very likely come again when we are far more dependent on our local food supply. It's only a matter of time, because the one-time burndown of stored energy on our planet will result in a world where the mass movement of goods won't be physically possible. This will happen in concert with the depletion of soils, making any remaining productive soils invaluable for life as we know it. This is just common sense. Most of our food comes from the soil. We sacrifice it at our own demise.

The ecological case against putting ALR at risk of industrial development is very clear. I have yet to hear

WEDNESDAY, OCTOBER 24, 2007 B RITISH COLUMBIA DEBATES 8787 a compelling case for paving farmland or estuaries. What's the upside? Maximizing short-term profits for faceless shareholders somewh ere? These shareholders would need to share the wealth with the stewards of the land — in this case, hopefully, the Tsawwassen First Nation. But if those resources are ultimately what's needed, destroying the land is an unconscionable price to pay. If this transpires, it won't be much different from business deals that get done all over the world every day.

Trade off a viable future for short- term needs, pave the land, degrade the ecosystems — all in the name of progress, profit and paycheques. Again, I'm hopeful that the Tsawwassen people have a very different vision for their lands. That is the hope of our caucus. We trust that the Tsawwassen p e o p l e w i l l t a k e c a r e o f t h e i r l a n d a n d r e c o g n i z e t h a t this is once again their land for countless generations to come. It was their land before the ALR and industry appeared, and it's surely in their own best interests to steward this land for its highest purpose.

We will continue to fight hard to protect the ALR. We are calling for every precious acre of land that is removed from the ALR to be replaced immediately with land of comparable productivity in the same bio- region. That call certainly applies to these 207 hectares, and failure to do this is truly jeopardizing the lives of the generations to come. [1455] I just want to make some conclusions in terms of really impacting the lives of aboriginal peoples in a positive way through the treaty process. Things have to kick into gear in a big way. A more public, nimble and creative treaty process is needed.

Some excellent sugges- tions to improve the process have come forward, and I will echo them here. Give ordinary citizens access to treaty negotiations. Make public the so-called secret formula that the federal and provincial governments use, based on so much land and money per citizen. Open-source it. Let first nations debate whether it is fair. That could only speed up the process. Expand and strengthen B.C.'s negotiating teams to staff more treaty tables. Encourage the B.C.

Treaty Commission to actively employ mediation and alterna- tive dispute-resolution tools to resolve difficult issues such as overlapping first nations claims to traditional territories. Stop trying to impose municipal forms of self- government on first nations communities. Instead, facili- tate agreements between first nations and neighbouring municipalities. Grant the Treaty Commission more independence so that it can better play the roles of facili- tator, mediator and adjudicator. Explore alternative kinds of final agreements rather than imposing one model of settlement.

Draft all trea- ties in plain language so that every British Columbian can read and understand them. Finally, let's see a firm political commitment to complete all B.C. first nation treaties within ten years. Just some ideas to improve the process. With the greatest respect for the Tsawwassen people, I am extremely disappointed in this Premier and his government for not finding better solutions.

We can always do better, with solutions that are all about true reconciliation and that recognize aboriginal rights and title, solutions that don't compromise other first nations or the treaty process itself, solutions that respect the Tsawwassen and the ALR. The combination of settling treaties and resolving land use is among the toughest challenges we face as a society, but we should be setting the bar high. Nevertheless, a deal's a deal. The Tsawwassen people have negotiated in good faith. I raise my hands to Chief Baird and her people. Their patience and goodwill are remarkable.

I congratulate them on this achievement and wish them well in their important decisions on stewarding their lands. J. Kwan: I rise today to give my support to the Tsawwassen treaty. I stand in solidarity to support the Tsawwassen people and their quest for justice, reconciliation and equality. I would also like to take the time to commend the courage of Chief Kim Baird and the people of Tsawwassen, whose story of resilience is an inspiration to all of us. To be a 37-year-old female chief to her people is an accomplishment unto itself.

The fact that we're here today debating this bill is a testimony to her resolve to never waver from her desire to conclude a treaty and move forward for the Tsawwassen people and, no doubt, for future generations. I've watched her in this House as she listened to the debate with her babies in this Legislature. This is not to say that there are not issues with the treaty process or this treaty in particular.

Certainly, what gives me cause to refl ect and critically examine this particular treaty has be en this government's tepid and, I dare say, hypocritical and reckless approach to relations with aboriginal people. Let us recall that not many years ago British Colum- bians were going through an unnecessary referendum on aboriginal rights. It wa s not only an embarrassing moment in the history of our province; it was reckless, divisive and mean-spirited. The policies of this gov- ernment were designed to divide people across the province.

I often ask myself the question: why and how could such a racist policy come about? Is it because the Premier thought that he could get away with it without much accountability? [1500] After all, in those days there were only two opposi- tion members. I and Joy MacPhail were in the House to oppose the Premier's mean-spirited agenda. When you think you can get away with something truly nasty, like a race-based referendum on minority rights, and you actually go through with it, isn't that moment in time a true snapshot of your true self?

British Co- lumbians still want to know if the Premier thinks that reconciliation with aboriginal people has suddenly become politically fashionable or if he's genuine in his commitment to this new relationship.

8788 B RITISH COLUMBIA DEBATES W EDNESDAY, OCTOBER 24, 2007 In 2001 the Liberal government commenced an unprecedented assault on civil society in British Columbia. Under the leadership of this Premier the province suffered massive cuts to social services, social housing programs were cancelled, and people were put on the street. The rich beca me richer, and the poor became poorer. Aboriginal people had to endure a fundamentally racist position on aboriginal land claims that did not reflect the court rulings that had recog- nized aboriginal title and the need to negotiate.

The treaty process, as a result, was delayed and set back years as the Premier conducted his meaningless referendum at a cost of $9 million to the taxpayers of British Columbia. Aboriginal people, the first people of this land, bore the brunt of this shameful act. Had it not been the policy of this Premier from 2001 to 2005 to fight the aboriginal people every which way for recon- ciliation, Bill 40 would have been before this House much sooner. Contrary to the Premier, I am proud to stand here as a member of the NDP with a consistent position in support of aboriginal people.

Treaty-making is the form we have created to deal with the very important issue of aboriginal reconcilia- tion. As imperfect an instrument as it may be, when it works, it is emblematic of our resilience and our collective ability to reconcile historical injustices. History, trauma and memory are embedded in our contemporary Canadian cult ure. This year, actually, marks the 100th anniversary of the anti-Asiatic riots that took place in my consti tuency in 1907.

Today, as a Chinese Canadian, I have the great honour and good fortune of being an elec ted member for Vancouver– Mount Pleasant, where I have the opportunity to repre- sent my constituents. All injustices must lead to some kind of reconciliation and political expression. It is the essence of a developed democracy. The drums that beat for justice should never go silent, and it is the job of government and policy-makers to accommodate these tensions and bring people to the table as equals.

The legacy of colonialism and the arrogance of in- stitutions, which quite frankly we are still fighting today and will for many generations, is deeply entrenched. Trying to address these ques tions in an open and hon- est way should be central to our identity as Canadians and British Columbians. Treaty-making is about rights, land rights, justice, reconciliation and self-determination. It is about an obli- gation to future generations.

Too many lives have been lost and damaged by the institutions of colonialism, from the residential schools, such as Alert Bay, to count- less apprehensions of first nations children that still happens disproportionately today, to the poverty cycle and addictions cycle that is so very prevalent amongst aboriginal people. We are still fighting those injustices in our communities across British Columbia today.

History reminds us that people were taken from their villages by the RCMP and sent by Union Steam- ship to Alert Bay from places like Bella Coola, Bella Bella, the Haida Gwaii and all along the northern part of the B.C. coast and the in terior. Even at a reunion a few years ago, people were still kneeling over and crying from the pain of that experience. [1505] At that ceremony a few years ago Chief Bill Cranmer said: "We used to line up to pray to a god that we didn't believe in. Our role models weren't positive.

We suffered from diseases brought in by colonialization, the residen- tial school system, which hurt our culture, and the potlatch prohibition. They took away our humanity. We need to help our people help ourselves. "We used to be beaten for speaking our own lan- guage. We were removed from our own communities. We need to remove the trauma, so we can develop in the w a y w e w a n t t o . W e n e e d t o m o v e f o r w a r d . W e h o p e you share with us the notion that this shouldn't have happened to us or our children. "The future belongs to us .

We need to rebuild our history." Madam Speaker, it is said that everything is con- nected. Did you know that the U'mista Cultural Centre in Alert Bay plans to take over the old St. Michael's Residential School building and teach the traditional language of Kwak'wala? Former Chief Joe Gosnell graduated from that resi- dential school in Alert Bay, and he went on to negotiate the Nisga'a treaty, the first modern-day treaty in British Columbia, which this Premier and his caucus and the Liberal Party fought every step of the way.

Out there in Alert Bay, while whales dance in the ocean and eagles soar overhead, first nations carvers build canoes and totem poles on Sunday mornings. Up the hill at the big house the support beams are held up by the Sisiutl, a Zen-like symbol of balance with two serpent-like flickering tongues. They say that its glare can cause a man to die by turning him to stone and that one must have balance in one's life to stare it in the eye and live to tell the story. People should be coming from around the world to visit Alert Bay and take a look at this monumental s t a t u e .

S o m e s a y i t i s p a r a d i s e o n e a r t h , b u t h o w c a n we invite the world to come to British Columbia when so many British Columbians don't even know our fas- cinating history? I hope that one day soon this history of injustice and successive governments' role and at- tempts and failures to reconcile our history will be taught to every student in British Columbia. In my constituency too many young first nations people leave rural reserves for the life of the down- town east side. While it is a community with a great many strengths, it is also a community with a great many challenges.

We in our community need socio- economic justice. The treaty process may be part of that answer, to be sure, but it certainly is not the whole answer. We need comprehensive and long-term plans to bring justice to the aborigin al communities. There's an urban native youth centre wh ich is looking to build a longhouse in my constituency, a proposal that is once again being lost amidst the finger-pointing between the provincial government and the federal government.

WEDNESDAY, OCTOBER 24, 2007 B RITISH COLUMBIA DEBATES 8789 Programs like BladeRunners place young aborigi- nal people onto a construction site where they can earn over $20 an hour, no matter what their background or the complicated nature of their lives. Yet there are not enough of those BladeRunners workers working on Olympic construction sites to day despite an inner city inclusivity agreement. The missing women in my constituency who lived life on the margins, in poverty, who were in the sex trade and not respected by people….

Many of these women are aboriginal, yet organizations such as PACE cannot get the adequate funding to engage in the kind of outreach work that they need to do with sex trade workers to ensure that they have access to health care services and options. The totem pole project, which teaches young aborigi- nal youth to carve totem poles and commemorates the missing women in the downtown east side, is in dire need of financial support.

We have an obligation to engage with our citizens no matter what led them here, yet our government continues to sit on the sidelines without so much as lifting a finger to offer assistance. Why is this relevant, Madam Speaker?

Because on the issue around treaty-making, we need to also ensure that there are ongoing long-term programs that support aboriginal people on and off the reserves. [1510] Women who are fleeing violence and looking for a safe place to rest their weary bodies, an advocate to give them voice, a place that they could call home, are left wanting, for women's centres across the province have been cut severely. In my own community the Downtown Eastside Women's Centre continues to run a temporary shelter where dozens of women sleep every night because of the piecemeal funding from this provincial government.

The dangers of street life disproportionately affect women. We're in grave need of permanent housing solutions and program suppor t from this government, and so far all we've gotten are band-aid solutions. Drug addiction continues to destroy lives. Heroin and crack cocaine — drugs that make people run away from their pain — leave people looking for a daily fix, yet programs designed to support this segment of the population are chronically underfunded. The Helping Spirit Lodge, which provides an array of programs to the urban aboriginal, has yet to receive support from this government for its capital campaign.

More than that, they've just lost their funding for a successful employment program run by aboriginal people for aboriginal people. The Aboriginal Friendship Centre continues to struggle on year-to-year funding, which does not allow them to plan ahead. Ther e remains a great need for aboriginal-specific housing projects and shelters. When Miloon Kothari, the UN special rapporteur on the right to adequate ho using, came to Vancouver a couple of weeks ago, one of the areas he was looking particularly closely at was housing for aboriginal peo- ples. Why?

Because aboriginals are overrepresented in the homelessness rate. The UN would not be looking at housing for aboriginal peoples if the federal govern- ment and the provincial government were adequately dealing with the situation. Madam Speaker, this give s you a glimpse into the struggles of many urban aboriginals, and to understand the essence of our history is to understand the kind of investment that is necessary to break the vicious cycle that has been brought to bear upon first nations people.

Perhaps our official recorded colonial history makes us a young province, but there are many myths and legends that beat with the na rrative of this geography, this amazing place, this electrifying history that is begging to come to life. These stories are timeless and borderless, and they evoke genuine desire for empathy and understanding. It is said that the last war fought on Canadian soil was in the Chilcotin plateau. It was an era of goldminers, prospectors, gamblers and roadbuilders. The blood of 14 men was spilled in the Homathko River before dawn on the morning of April 29, 1864.

By the end of May, 19 roadbuilders, packers and farm ers were dead. It is the deadliest attack by aboriginal people on immigrants in western Canada before or since. They were killed because the white people were coming up and building a road into the Chilcotin and they were raping the first nations women. They were feeding the workers from the first nations only scraps, and above all, they threatened them with smallpox. The leaders at the time felt that they had no other recourse, so a raiding party went out and unfortunately, a number of people were killed.

Within six weeks, over a hundred men were in the field to hunt down the leadership of the Tsilhquot'in. Soon after, the chiefs were persuaded to give themselves up, and they went to attempt to make treaty in Qu esnel. Instead, they found themselves being put in jails. On September 28, 1864, Chief Klatsassin and eight others went to trial, and by October 26 they were hanged at Quesnellemouth at 7 a.m., with 250 people in atten- dance, after being sentenced by the notorious Judge Begbie, the infamous hanging judge.

Today the Tsilhquot'in elders work with anthro- pologists to bring their oral histories into the courtroom, where they bring to life their connection and history with the land, all for reconciliation and justice. B.C. will become best place on earth when we reconcile our history with the reality of our colonial past. To this day the Tsilhquot 'in people are still looking for the graves of the chiefs that were hung in Quesnel somewhere. It is quite probable that the hospital is sitting on them. They're using very sophisticated means to try and find those bodies.

It is very important to the peace of mind of those people that they find the leaders. [1515] Madam Speaker, this story is still so compelling, this colonial story of tensions and land rights, that Stan Douglas, an artist who lives in my constituency, made an art film few years ago where Chief Klatsassin was the subject. To this day it is part of our history that still resonates, still connotes meaning and still is being fought in our courts.

8790 B RITISH COLUMBIA DEBATES W EDNESDAY, OCTOBER 24, 2007 In those days, there was a different way of dealing with things. In 1910 some ch iefs in the Secwepemc region met with Wilfrid Laurier. At that time, the Chief said: "We never asked them, the white men, to come here, but nevertheless, we treated them kindly and hospitably and helped them all we could. They had made them- selves as if they were our guests. We treated them as such and then waited to see what they would do…. "They commenced to take up pieces of land here and there.

They told us they wanted only to use those pieces of land for a few years, ad then they would hand them back to us in an improved condition. Meanwhile, they would give us some of the products they raised for the loan of our land. "Thus they commenced to enter our 'houses' or live on our 'ranches.' With us when a person enters our house, he becomes our guest, and we must treat him hospitably as long as he shows no hostile intentions. At the same time, we expect him to return to us equal treat- ment for what he receives.

"Some of our chiefs said: 'Those people wish to be p a r t n e r s w i t h u s i n o u r c o u n t r y . W e m u s t t h e r e f o r e b e the same as brothers to them and live as one family. We will share equally in everything — half and half — in land, water and timber, etc. What is ours will be theirs, and what is theirs will be ours. We will help each other to be great and good….' "They have stolen our lands and everything on them and continue to use the same for their purposes. They treat us as less than children and allow us no say in any- thing.

They say Indians know nothing and own nothing, yet their power and wealth have come from our belong- ings. The Queen's law, which we believe guaranteed us our rights, the B.C. government has trampled underfoot. This is how our guests have treated us, the brothers we received hospitably in our house…. "We have no grudge against the white race as a whole nor against the settlers, but we want to have an equal chance with them of making a living. We welcome them to this country. "It is not, in most cases, their fault. They have taken up, improved and paid for the lands in good faith.

It is their government which is to blame by heaping up injustice upon us. But it is also their duty to see that their government does right by us and gives us a square deal." He went on to say: "We condemn the whole policy of the B.C. govern- ment towards the Indian tribes of this country as utterly unjust, shameful and blundering in every way.

We denounce same as being the main cause of the unsat- isfactory condition of Indian affairs in this country and of animosity and friction with the whites." Those were the words of the Chief, and those are the lessons that we should have actually embedded in our hearts and minds, not just today but back in 2001 and beyond. In fact, governments before that, conservative governments who did very little to advance aboriginal rights…. Hence, we're here today dealing with Bill 40 in the year 2007.

But had we learned the lessons of the words of the Chief much earlier, would we have had Bill 40 before us much earlier than today? In the interior, where pe ople were looking for jus- tice and reconciliation, we had the untold horrors of places like St. Joseph's Residential School. Over 100,000 children across Canada attended residential schools. Reconciliation and treaty-making must consider the injustice of institutional racism, of unjust laws and in– equality, the trauma of dispossession and the ongoing attacks on aboriginal identity.

Through acts of government we put aboriginal people on reserves, denying them their rights, and somehow we expect them to live some other way than the way we are living. The aboriginal people, the Tsawwassen people, have negotiated hard and fairly to resolve longstanding issues of self-determination, land ownership and economic independence for themselves. [1520] The Tsawwassen treaty will be the first treaty con- cluded under the B.C. Treaty Commission process, a process started under the NDP government.

Let me add that it was the NDP which concluded the Nisga'a agreement, which many members opposite opposed vociferously and, I might add, irrationally and with- out thought or deliberation . They certainly did not look at the history of the past to try to learn from those lessons. The B.C. Liberal Party wanted to divide British Co- lumbians and unite the right wing in this province in a dangerous agenda that did not acknowledge court decisions and the tide of history which was screaming out for reconciliation.

The Premier and the Liberal Party played politics with this very important issue, and by virtue of that, they played with people's lives. In July of this year Valerie Cross-Blackett, a Tsaw- wassen band member who was involved in the nego- tiations, said: "The agreement sets out the structure to address the key issues to support self-government, and we are mov- ing forward with the best deal that was possible. We can't be afraid of change.

There are clear benefits in this agreement, and it is an opportunity to move out of the colonialism of the past 130 years in a way that will improve both the health and wealth of our people. "We are part of a system that does not allow us to break the cycle and be self-sufficient. It was important to make changes and break the cycle in a long-term way." I stand in support of this treaty for the Tsawwassen people because of people like Valerie Cross-Blackett — who has spent so much of her life seeking reconcilia- tion and a chance to move forward — and many people like her. People like Ms.

Cross-Blackett remember when the highway was built out to the ferry and how it split her community in half. The opportunity to break out of the governance of the Indian Act is of fundamental importance. When the treaty comes into effect, the Tsawwassen people will own their land outright, and there will no longer be reserves. The final agreemen t sets out law-making au- thorities which the Tsawwass en may exercise on their own lands. It will also allow the Tsawwassen govern- ment to become a member of Metro Vancouver and appoint a director to sit on the regional district board.

We have a rich and detailed history of not dealing with our past in British Columbia. When Chief Pontiac organized a pan-Indian resistance to fight the British occupation and took all but one of the British forts,

WEDNESDAY, OCTOBER 24, 2007 B RITISH COLUMBIA DEBATES 8791 the government in London responded with the Royal Proclamation of 1763. It affirmed the tribal ownership of lands and recognized tribal governments and public negotiation of treaties before settlers could purchase the land. Of all the British colonies, only British Co- lumbia rejected this policy. Although James Douglas, the colonial governor in Victoria, made treaties on Vancouver Island, beyond an extension of Treaty 8, as we now know, no more treaties were made until Nisga'a.

It is through the heroic efforts of Thomas Berger and the many, many others that were here talking about the important process of reconciliation: people like Frank Calder — just to take a moment to remember him — who brought forward the case and even sat in this Legislature for a period of time; people like Mike Harcourt, who set up the treaty process; people like Glen Clark, who was the Premier that was not afraid to sign the Nisga'a treaty in spite of vicious, vicious opposition from the Premier and the Liberal Party. As with any compromise and negotiation, there are heartbreaks and difficult decisions.

The ALR is, of course, a difficult part of this deal — what some are calling the port expansion through the back door. I support the ALR. I support local food production and the B.C. agriculture indu stry. We know that there is a need for more irrigated land in the fruit, vegetable and dairy production area and for more broadly applied pasture and forest management practices. The ALR is the land belt that has put the borders on suburbia. It has become the model for people like Portland. People come from around the world to study it and to emulate it.

The Liberal introduction of the Agricultural Land Commission Act has opened up farmland for develop- ment. This government's record on protecting farmland is the worst in almost four decades. I am a committed supporter of the ALR land, as is our caucus. Frankly, the best thing for the ALR would be to defeat the Liberal government in 2009. [1525] Tony Penikett, the former Premier of the Yukon and the former deputy minister in charge of negotiations for the B.C. government, recently wrote a book on first nations treaty-making in B.C. I was at his book-launching.

He included ten recommendations for policy-makers, which I'd like to put on the record now. Bury colonial attitudes about aboriginal institutions with a new commitment to accommodation, reconcilia- tion and treaties. Open up negotiations by tabling government land and money, negotiating mandates. Hire creative negotiators, and give them incentives to settle. Do not use interim measures as substitutes for treaties. Use alternative dispute resolution techniques, and bring mediators to treaty tables. Allow first nations to litigate disputes when necessary.

Respect the aboriginal ri ght to self-government but invest in aggregation — democratic, efficient and effective institutions of governance. Build a truly independent British Columbia Treaty Commission to fund negotiations. Fully inform citizens, and adjudicate implementa- tion issues. Create options for fast-tracked treaties and high- level dialogues on co-jurisdiction. Write treaties in plain language. Show the political will to complete Canada's recon- ciliation with aboriginal pe oples through treaties and other agreements. University of Toronto scholar Thomas Homer-Dixon called what we have an ingenuity gap.

Escaping the bulk of bureaucratic inertia and passive-aggressive behaviour requires imagination. I f w e w a n t t o m o v e f o r w a r d o n t r e a t y - m ak i n g , d o what the United States has done, to a degree. When Robert Kennedy became Attorney General of the United States in 1961, he hired more lawyers and gave them mere months to settle hundreds of outstanding land claims. That is political will. I believe that social justice, economic prosperity and reconciliation depend on expeditiously negotiating long-term aboriginal land claim issues.

British Columbia can do that, and the Premier can show that he truly has found the new relationship in his heart. Invest in the negotiation process. Study from others what they have done. Take some of the suggestions and the recommendations from Tony Penikett. Look at what the former Attorney General of the United States has done, and invest in that.

Above all, come into this House and apologize to the aboriginal people for the shameful acts between 2001 and 2005 and for the delay of this Bill 40, which we could have seen in this House, had the government taken a different approach with aboriginal people and its relationships with them and moved forward for a truer, brighter future for the aboriginal people, the Tsawwassen people and British Columbians. M.

Farnworth: It's my pleasure to take my place in t h i s h i s t o r i c d e b a t e o n B i l l 4 0 a n d t o o f f e r s o m e c o m - ments around Bill 40 and the importance of settling the Tsawwassen treaty land claim and why it's so impor- tant that we ratify it. I want to welcome Chief Baird to these delibera- tions. I can let her know that we are nearing the end of second reading debate. Then we will be on to the committee stage in subsequent days ahead. In terms of second reading debate, we are nearing the end of that.

I think it's important to reflect on a number of things that have been said during this particular debate. I heard the member for Prince George North comment: "Well, what did you do?" I just want to talk about that briefly. We're a party that has firmly, historically supported treaty negotiations and the la nd claims process. As has been mentioned already, former Premier Mike Harcourt set up the B.C. Treaty Commission. He was very much involved in that process, and it wa

Document details

Collection	British Columbia — Debates (Hansard)
Citation	H1024pm-03
Type	hansard
Volume / chapter	H1024pm 03
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	73f793f5730ba438bc744e1741b1703abd85517c

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