British Columbia Hansard — Thursday, November 22, 2007 (38th Parliament, 3rd Session) (H1122pm-03) (H1122pm 03)

H1122pm-03

British Columbia — Debates (Hansard)

Third Session, 38th Parliament OFFICIAL REPORT OF DEBATES OF THE LEGISLATIVE ASSEMBLY (HANSARD) Thursday, November 22, 2007 Afternoon Sitting Volume 25, 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 ...........................................................................................................................................................................

Katherine Whittred 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 Thursday, November 22, 2007 Afternoon Sitting Routine Proceedings Page Introductions by Members ....................................................................................................... .............................................. 9413 Introduction and First Reading of Bills........................................................................................ ......................................... 9414 Representative for Seniors Act, 2007 (Bill M228) C. James Community Care and Assisted Living Act Amendment Act, 2007 (Bill M229) C. James

An Act to Prohibit the Capture of Wild Birds of Prey (Bill M230) M. Sather Representative for Children and Youth Act Amendment Act, 2007 (Bill M231) N. Simons Smoke Free Cars Act, 2007 (Bill M232) L. Krog Statements (Standing Order 25B) .............................................................................................................................. ............. 9416 Diabetes awareness H. Bloy Tsilhqot'in history C. Wyse Endako Mines J. Rustad Safety of road to Bamfield S. Fraser Surrey Memorial Hospital emergency centre D. Hayer Comparison of private and universal health care G.

Gentner Oral Questions................................................................................................................. ......................................................... 9418 School district funding C. James Hon. S. Bond D. Cubberley Call for investigation into actions of Paul Taylor L. Krog Hon. G. Campbell Pope and Talbot bankruptcy proceedings C. Evans Hon. R. Coleman K. Conroy Transfer of Lytton Lumber assets H. Lali Hon. R. Coleman Residential tenancy branch services D. Thorne Hon. R. Coleman Eviction of tenants in downtown east side D. Chudnovsky Hon. R.

Coleman Point of Privilege............................................................................................................. ......................................................... 9423 Hon. G. Abbott M. Farnworth

Petitions...................................................................................................................... ............................................................... 9423 C.

Evans Royal Assent to Bills.......................................................................................................... ...................................................... 9423 Tsawwassen First Nation Final Agreement Act (Bill 40) Final Agreement Consequential Amendments Act, 2007 (Bill 41) Treaty First Nation Taxation Act (Bill 42) Business Practices and Consumer Protection (Payday Loans) Amendment Act, 2007 (Bill 27) Securities Amendment Act, 2007 (Bill 28) Adult Guardianship and Planning Statutes Amendment Act, 2007 (Bill 29) Statement ...................................................................................................................... ............................................................ 9424 H.A.D.

Oliver Hon. G. Campbell C. James Reports from Committees........................................................................................................ ............................................... 9424 Special Committee to Appoint a Conflict of Interest Commissioner I. Black M. Farnworth Motions without Notice ......................................................................................................... ................................................. 9425 Appointment of Conflict-of-Interest Commissioner Hon. G.

Campbell Reports from Committees........................................................................................................ ............................................... 9425 Select Standing Committee on Public Accounts, second report R.

Fleming Tabling Documents.............................................................................................................. .................................................... 9425 Labour Relations Board, annual report, 2006 Second Reading of Bills........................................................................................................ ................................................... 9425 Maa-nulth First Nations Final Agreement Act (Bill 45) Hon. M. de Jong S. Fraser R. Cantelon C. Trevena B. Lekstrom C. James J. Yap C. Wyse J. Horgan C. Puchmayr Hon. M. de Jong

9413 THURSDAY, NOVEMBER 22, 2007 The House met at 1:36 p.m. [Mr. Speaker in the chair.] Introductions by Members C. James: Today I rise to acknowledge someone who is completing her term with the opposition caucus at the end of today. Jessica Asch has worked in our research department as a law co-op student since March of this year. She has worked tirelessly on a number of projects, and I know her expertise, good humour and patience with MLAs will be missed.

I want to take this opportunity to wish Jessica well as she's getting ready to depart on a six-month trip to Guatemala, to be followed up by a clerking position with the B.C. Supreme Court next spring. Will the House please join me in wishing Jessica well. Hon. S. Bond: We are delighted today to be joined by a number of people. I have three that I'd like to i n t r o d u c e . F i r s t o f a l l , w e ' r e h a p p y t o h a v e w i t h u s Penny Tees, the president of the B.C. School Trustees Association, who joined us today for the introduction of the First Nations Education Act.

We are also joined by Scott MacDonald, who is the executive director of the Ministry of Education's learning management division and doing a fantastic job on some of the exciting initiatives we're working on. Joining Scott is his daughter Miranda. She is finishing grade 12 at Oak Bay Secondary. She's taking this oppor- tunity to learn more about our system of parliamentary democracy before she takes

part in Youth Parliament over the Christmas break. I'm sure she'll learn some helpful tactics for question period at Youth Parliament. Please join me in welcoming all of these guests to the gallery today. C. Evans: In the galleries today are Joe Snopek, the mayor of Creston; James Thackray, the administrator; and Deryn Collier, who is the health recruiter for Creston. Hon. Speaker, I was hoping to get to introduce John Kettle. I thought he was going to come with them, but I hear the guards wouldn't let him in with a cowboy hat, so he refused to come. Would the House please make them all welcome. K.

Whittred: In the House with us today is Dr. David McNeil, who is Clerk of the House in the neighbouring province of Alberta. I'd like all of you to join me in offering Dr. McNeil a hearty British Columbia welcome. L. Krog: Joining us in the gallery today are six grades 11 and 12 students from Nanaimo District Senior Secondary. They form the core group of anti- smoking activists in our community — namely, Sky Breen-Needham, Jordan MacDougald, Monica McCaffrey, Dana Short, Bl ake Mattson and Tess Montague. Along supporting them are Howard Breen, Coralie Breen, Ciaran Breen and Joyce Mackie.

Would the House please make them welcome. Hon. W. Oppal: Today in the members' gallery I'd like to acknowledge some very, very special guests from Russia. With us toda y are Sergei Cheletnetsev, Sergei Savchenko and Sergei Kavishev. Please make them welcome. M. Sather: Joining us today in the gallery is Patricia Christian, who lives in Oak Bay. Patricia is the mother-in- law of my constituency assistant Sheryl Seale. I understand that over the years she has been very good to Sheryl. So will the House please join me in welcoming her. [1340] Hon.

M. de Jong: In the gallery in the precincts today is someone that is no stranger to this chamber or the members — the Chief of the Tsawwassen First Nation, Kim Baird. She is here to witness for herself an important historic moment that we anticipate happening very shortly in this chamber. I hope all members will make Chief Baird welcome again. R. Fleming: With us in the gallery today is a delegation from the University of Victoria — a number of people with the Martlet Publishing Society. That's the newspaper on campus. Many of them ar e still students.

They're at various points in their studies, so there's still time to change their major and look at other honourable pro- fessions available to them. Will the House please make welcome Tim Lindsay, Rosemary Westwood, David Karp, Matt Gauk, Samantha Vanschie, Nathan Lowther, Gemma Karsten-Smith, Sean Peterson and Kim Magi. M. Polak: In the gallery today is Mitchell Hudson. Mitchell is with Try Events, and he organizes the annual historic half-marathon in Fort Langley, the birthplace of British Columbia. Would the House please make him welcome. S. Fraser: I won't have to go to the gym tonight.

I've been up and down a bunch. I make a point of go- ing to Brian Lavery's socials class at Alberni District Secondary School every year trying to describe what we do here. I am honoured today to have a class of 22 students, who I don't have time to name, from Brian Lavery's grade 11 socials class. Would the House please join me in making them feel very, very welcome. K. Conroy: Today I had the pleasure of having lunch with four of my favourite constituents: my daughter Sasha and her children — Daira, who is seven; Ryen, who is two; and Aydenn, who is one.

I'd like to thank the dining room for their patience and all the members who were down there, too, for their patience. I told Daira, who is seve n, that Grandpa Ed intro- duced her mom in the House when she was the same age. She was very disappointed that she couldn't stay

9414 B RITISH COLUMBIA DEBATES T HURSDAY, NOVEMBER 22, 2007 here to be introduced because her brother and sister are "a pain" and too young to be in the House. So I said I would introduce her anyway, and she could get on the Internet and look it up. Please join me in welcoming them. G. Gentner: I welcome to the House for the very first time Lanice Thornsteinson. She's a renowned fundraiser, and she's also my long-lost sister, who I don't really have a chance to see that often. Sometimes she really doesn't want to see much of me, but she's here today. Thank you for coming, Lanice. J.

Horgan: Today in the gallery we have two grade 11 students from the best high school in Langford, Belmont Secondary. They are Jonathan Russell and his friend and exchange student from Frankfurt, Ger- many, Frederick Winter. Joining the two students is the best CA in Malahat–Juan de Fuca, representing the Malahatians and the Juan de Fucans when I'm here, my CA, Shannon Russell. Please make them welcome. N. Simons: I'd just like to take this opportunity to welcome to the House my adviser, my confidant and my life partner, Scott Scobbie. C.

Wyse: I t i s i n d e e d m y p l e a s u r e t o r i s e t o d a y i n the House to introduce some very special guests from my riding. Before I begin the introduction, I wish to acknowledge the traditional territory of the Esquimalt Songhees First Nations. The visitors I am introducing today come from the farthest reaches of the Chilcotin, a part of Cariboo South. Amongst their busy schedule, they have taken time to join us today.

They will visit, they will tour the building, and they will then join the Leader of the Opposition and myself for a light tea. [1345] I would like to introduce to the House Roger William, chief of the Xeni Gwet'in; Ivor Meyers, chief of the Yunesitin; Doris Baptiste, chief of the Esdilagh; David Setah, councillor, Xeni Gwet'in; staff member Loretta Williams of the Tsilhqot'in National Government. With that, I would ask the House to extend an exceptionally warm welcome to these representatives of Tsilhquot'in First Nation s and welcome them to the traditional territory of the Esquimalt Songhees.

Introduction and First Reading of Bills REPRESENTATIVE FOR SENIORS ACT, 2007 C. James presented a bill intituled Representative for Seniors Act, 2007. C. James: I move introduction of the Representative for Seniors Act, 2007. Motion approved. C. James: Today I rise to introduce two pieces of legislation that will protect seniors from neglect and abuse as well as improve care conditions in facilities across British Columbia.

The first bill, Representative for Seniors Act, 2007, will create an independent advocate who will monitor issues facing seniors, especially those living in care facilities, and who will speak out on their behalf. The representative for seniors will monitor the performance of various programs and services to ensure that they are integrated, coordinate d, non-discriminatory and accountable. For far too long our seniors have been forced to put up with neglect, cuts to st affing levels and declining levels of care.

Whether it's Beacon Hill Villa in Victoria or any number of facilities across this province, there's a real crisis in health care for seniors. There have been too many stories of abuse, neglect and cuts. Workers are doing the best they can to provide care, but seniors need an independent voice to speak out and force real change from a reluctant government. Just like British Columbia needed a representative for vulnerable children and youth, we need one for seniors living in our communities.

The representative will work on behalf of seniors and their families to advocate and will report publicly to prevent vital information from being kept hidden. It is shameful that British Columbians had to learn about the abuse and neglect at Beacon Hill Villa through freedom of information. This legislation will ensure that that doesn't happen again. I move that the bill be placed on the orders of the day for second reading at the next sitting after today.

Bill M228, Representative for Seniors Act, 2007, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sit- ting of the House after today. COMMUNITY CARE AND ASSISTED LIVING ACT AMENDMENT ACT, 2007 C. James presented a bill intituled Community Care and Assisted Living Act Amendment Act, 2007. C. James: I move introduction of the Community Care and Assisted Living Act Amendment Act, 2007. Motion approved. C.

James: The Community Care and Assisted Liv- ing Act Amendment Act, 2007, will ensure that British Columbia develops a new accountability framework to protect seniors. This bill w ill mandate random annual inspections of facilities and will ensure that those reports are made public. This amendment will allow seniors and their families to be better informed and will lead to better care. Seniors across this province and their families know that there are real prob lems with seniors care in

THURSDAY, NOVEMBER 22, 2007 B RITISH COLUMBIA DEBATES 9415 B.C. Unfortunately, under this government, there is no accountability. The opposition had to use freedom of information to find out just how bad things had become at Beacon Hill Villa, a care home right here behind the Legislature. This bill will begin to rebuild confidence in our sys- tem. It will give seniors and their families confidence that the government is actually having to do its job. British Columbians will be able to search an electronic registry and see inspection reports for themselves.

Currently there's nothing compelling government to release such reports, which leaves reside nts and their families in the dark. Seniors deserve to know that they are getting the best care possible and that where there are gaps in care, we can all work together to fill them instead of ignoring them. Combined with the seniors representative act, this bill will finally bring real accountability into the system to protect seniors and improve public health care. I move that this bill be placed on the orders of the day for second reading at the next sitting after today.

Bill M229, Community Care and Assisted Living Act 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.

AN ACT TO PROHIBIT THE CAPTURE OF WILD BIRDS OF PREY M. Sather presented a bill intituled

An Act to Prohibit the Capture of Wild Birds of Prey. M. Sather: I move introduction of a bill intituled

an Act to Prohibit the Capture of Wild Birds of Prey. Motion approved. [1350] M. Sather: I'm proud to introduce a private member's bill intituled

An Act to Prohibit the Capture of Wild Birds of Prey. Our raptorial birds — that is, birds of prey — are suffering significant losses, particularly from the destruction of their habitats in British Columbia. It is time that we disband practices that put further pressure on these birds. Of concern to many citize ns is the practice of cap- turing our wild falcons for falconry and for public display. It is simply unacce ptable that we allow birds, such as the merlin chicks that were taken from their nest in the middle of Maple Ridge this past summer, to be exploited for these purposes.

There are plenty of b i r d s o f p r e y i n c a p t i v i t y n o w t h a t c a n b e b r e d f o r falconry. This act amends the Wildlife Act by adding provi- sions that prohibit the capture of wild raptors for the purposes of falconry or public display. It is

an act whose time has come, and I look forward to it being passed into law. I move that this bill be placed on the orders of the day for second reading at the next sitting after today. Bill M230,

An Act to Prohibit the Capture of Wild Birds of Prey, 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. REPRESENTATIVE FOR CHILDREN AND YOUTH ACT AMENDMENT ACT, 2007 N. Simons presented a bill intituled Representative for Children and Youth Act Amendment Act, 2007. N. Simons: I move that the bill entitled Representative for Children and Youth Act Amendment Act, 2007, be introduced and read for the first time now. Motion approved. N.

Simons: The purpose of this bill is to provide the Representative for Children and Youth with the ability to disclose the fact that her office is investigating a child's death or critical injury. This bill will provide the Representative for Children and Youth with the disclosure powers equal to those of the Ombudsman, the Auditor General and other independent officers, as well as the director of child protection, to disclose information to the public in special circumstances.

The representative has stated it this way: "When a parent or community inquires or when it's appropriate for reasons of transparency or accountability to inform the public, I am for reasons of drafting not able now to disclose that. It would be significant to tell not only families and communities but the public about cases under review." The representative has indicated very clearly that this gap in her current legislation needs to be filled and that amendment is required to fulfil her mandate.

Because this is important to families and to the community as a whole, I move that this bill be placed on the orders of the day for second reading at the next sitting after today. Bill M231, Representative for Children and Youth Act 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. SMOKE FREE CARS ACT, 2007 L. Krog presented a bill intituled Smoke Free Cars Act, 2007. L. Krog: I move introduction of the Smoke Free Cars Act for first reading. Motion approved. L.

Krog: The effect of this act will be to prohibit the smoking of tobacco and other substances in automo- biles where children under the age of 16 are present. This represents a commitm ent and a fulfilment of a commitment I made this summer to the students I introduced earlier today, who have been actively

9416 B RITISH COLUMBIA DEBATES T HURSDAY, NOVEMBER 22, 2007 p u r s u i n g t h i s a s a c a u s e o n b e h a l f o f t h e h e a l t h o f a l l young people in the province of British Columbia. Recently this issue has been given a great deal of attention in the national press, because research shows that parents who smoke ev en three cigarettes while driving their children to school will build up enough carbon monoxide to cause an oxygen-deprived brain, impairing cognition. Kids won't be able to perform at school the way we expect them to. We're all aware of the seri ous health risks surround- ing smoking.

Smoking in a car is a particular situation that is particularly damaging to the health of children. This is an important step forward. This is the kind of legislation I would hope would receive the support of all members of the House. British Columbia, if it passes this bill or if the government brings in its own bill — and I encourage them to consider doing so — will be the first province in Canada to show leadership on this issue. The health of our children takes priority over the rights of smokers. I encourage all members to support this legislation.

I move that this bill be placed on the orders of the day for second reading at the next sitting after today. Bill M232, Smoke Free Cars 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. D. Routley: I seek leave to make an introduction. Leave granted. [1355] Introductions by Members D. Routley: Could the members of the House help me welcome Joanne Adamson and Don Burneski. They are float home owners from my riding.

They've come to talk to our caucus about the con- sumer protection issues that face float home owners. Please help me make them welcome. Statements (Standing Order 25

B) DIABETES AWARENESS H. Bloy: November is Diabetes Awareness Month, and I stand in the House today to raise awareness and talk about this important disease. For the first time ever, British Columbia declared November 14 World Diabetes Day to help people be more informed about how to prevent diabetes and manage that disease. You may be surprised to learn that there are over two million people in Canada with diabetes. Some of you may not aware of the three types. Type 1 is usually diagnosed in young children and adolescents, and that's about 10 percent. The remaining 90 percent have type 2 diabetes.

This type usually develops in adult- hood, but we are seeing in creasing numbers of young children in certain risk populations being diagnosed. A third type of diabetes is gestational diabetes. That's a temporary condition that oc curs with women during pregnancy. Type 2 diabetes is what I have. I was diagnosed over 12 years ago. With a healthy lifestyle, exercise every day and eating properly, you can control your diabetes. In the House here, in the jobs that we have in this House, it's very hard to control. But I do work at it, and I do exercise regularly. Diabetes is a disease.

Diabetes is progressive, so you have to work hard at controlling it. People can control diabetes and expect to live a healthy, active, independent lifestyle by looking after themselves. As our population ages, we know we are moving in the right direction as we work towards a more planned and integrated approach to delivering health care. Government has implemented a number of high- impact, systemwide initiatives such as the primary health charter that will help patients with a planned approach to health care with measurable health outcomes. This includes training over 3,000 doctors.

I encourage everyone to live a healthy lifestyle. TSILHQOT'IN HISTORY C. Wyse: Many of us in this House will remember where we were 44 years ago today when an American leader, John F. Kennedy, was assassinated in Texas. President Kennedy was an important leader for American citizens, and his death changed the course of history for his country. One hundred years before the death of JFK, another event changed the course of history for the Tsilhqot'in people of the interior.

The Chilcotin War of 1864 was triggered by the arrival of Alfred Waddington and his men, who were intent on building a road from Bute Inlet through the Tsilhqot'in territories to the Cariboo goldfields. The Tsilhqot'in Nation includes six bands. They are Tl'etinqox, Tsi Del Del, Yunesitin, Xeni Gwet'in, Tl'esqox and Esdilagh. These bands have lived on the interior plateau for thousands of years, sharing its resources. It has always been in their best interest to preserve this land for their livelihood.

This desire to preserve their way of life ended tragi- cally in 1864 with the execut ion of five Tsilhqot'in chiefs at Quesnel. A sixth chief was later executed at New Westminster, although his body has never been recovered. On October 26, I had the honour of attending a Klatsassin Memorial at Battle Mountain in Bull Canyon. The Tsilhqot'in people gather there to remember this tragic event in their history, to celebrate their language, to share their stories, to honour the chiefs — Klatsassin, Biyil, Tilaghed, Taqed and Chayses — and to pray for the return of [Tsilhqot'in was spoken] to his home.

I request the House to jo in with the Tsilhqot'in leadership visiting the House today in celebrating their proud history. [1400]

THURSDAY, NOVEMBER 22, 2007 B RITISH COLUMBIA DEBATES 9417 ENDAKO MINES J. Rustad: I'm pleased to rise today to speak about one of my favourite topics. No, it's not the Nechako white sturgeon, but Endako mines. Thompson Creek Metals took over a 75-percent interest in Endako Mines because they see a bright fu- ture in this 43-year-old mine. Just a few years ago many people wrote off this world-class deposit because they thought the mine only had a few years of reserves left. I am pleased to say that Thompson Creek Metals thought otherwise.

They've undertaken additional exploration and designed a new feasibility study with fabulous results. Thompson Creek is now esti- mating that they'll be able to increase their produc- tion at Endako Mines from 2 8 , 0 0 0 t o n n e s p e r d a y to 50,000 tonnes per day, with at least 16 years of reserves. This $373 million proposed expansion will create hundreds of jobs through the construction phase. It will modernize the facility, whic h, in turn, will increase productivity and recovery rates at the site.

Most impor- tantly, this project will secure hundreds of high-paying, quality jobs in Endako, Fraser Lake and other sur- rounding communities. Endako Mines is a great example of the long-term benefits that mining can bring to communities, and this project clearly demonstrates how mining can be an economic driver for a region and also for the province. It also demonstrates the mi ning industry's confidence in doing business in British Columbia.

As we go forward looking for opportunities to help diversify some of our communities being impacted by the mountain pine beetle, Endako Mines stands as an example of what part of the solution can be. I encour- age everyone from both sides of this House to join me in celebrating the success of Endako Mines. I also en- courage everyone to help to encourage the expansion of mining in B.C. SAFETY OF ROAD TO BAMFIELD S. Fraser: The beauty and majesty of the Huu-ay- aht traditional territory and the Bamfield region are unparalleled.

Besides the residents who live in the communities, powerful attractions like the West Coast Trail, world-class sport fishing and, of course, the Bam- field Marine Sciences Centre d r a w v i s i t o r s f r o m a l l over the world. And the community is a strong one. On October 4 I attended a standing-room-only meeting at the Bamfield community centre. Attending the meeting is challenging. The road is atrocious. I have actually invited the minister t o j o i n m e o n a t r i p o u t there in his own car. I reissue that challenge. The issue for the meeting was the deplorable state of the unsafe road.

Rather than accepting the unaccept- able, the people of Bamfield invited Mary Anne Arcand from the B.C. Forest Safety Council and Roger H a r r i s , t h e B . C . f o r e s t s a f e t y o m b u d s m a n , t o p l a n a strategy around the road. They chose to organize, to fight and ensure that all wh o travel on Bamfield High- way — locals, visitors, first nations, non–first nations, children, adults: everyone travelling on that road — can do so safely. Of all the stories we heard there, there was an interesting one that was stark for me.

The Coast Guard search and rescue — when their members travel the road, they give an estimated time of arrival when they leave the pavement in case they don't show up within two hours. Then, if they don' t, they send out a search party, a rescue party for that person. The thing that was stark about that is: 3,600 chil- dren travelled that road last year — kids like students from the ADSS who are here today. So I applaud the people of Bamfield and the Forest Safety Council for taking leadership to fight for the safety of those kids, of everyone travelling the road. I'll let them know that they don't stand alone.

SURREY MEMORIAL HOSPITAL EMERGENCY CENTRE D. Hayer: I rise today to speak about the naming of Surrey Memorial Hospital's new emergency centre. On November 15 our Premier, along with representatives from the Surrey Memorial Hospital Foundation and Fraser Health made the announcement and unveiling of plans for the Guru Nanak Emergency Service Front Entrance, the main entran ce to the new emergency centre. This announcement was very significant for the community and was also an important recognition of the contribution made by the South Asian community to the foundation and to Surrey Memorial Hospital.

Guru Nanak Dev Ji was born in 1469. He was the founder of Sikhism. He was the first of the ten Sikh gurus. He said: "Truth is highest of all things, and higher still is truthful living." A social reformer, Guru Nanak Dev Ji upheld the cause of women and equality of humans. He was against the caste system and treated the poor and rich equally, and he believed we are all equal regardless of our religion. He believed in simple living, honest work, charity and high morality.

On November 24, the Sikh community around the world will be celebrating the 538th birthday of Guru Nanak Dev Ji. [1405] The current Surrey Memorial Hospital ER is one of the busiest in the province, with nearly 70,000 patients a year. Our government, our Premier, our hospital foundation, Fraser Health and all of the community are working hard and diligently to ex- pand this vital facility.

The new emergency centre will be three times larger than the existing one and will include a separate childre n's ER in addition to a mental health and addictions area, an enhanced mi- nor treatment unit and an improved area for acute patients. I would also like to recognize Red FM for hosting a radiothon tomorrow from 6 a.m. to 10 p.m. to help the Surrey Memorial Hospital Foundation's $15 million emergency centre campaign.

9418 B RITISH COLUMBIA DEBATES T HURSDAY, NOVEMBER 22, 2007 COMPARISON OF PRIVATE AND UNIVERSAL HEALTH CARE G. Gentner: Mr. Speaker, health care is not a business. It is much more than a service. It is a fundamental right. It is not about making a profit; it is about helping people. The differences between private care and universal health care are many — far too many to detail here. However, the fundamental difference lies in the respect and dignity that universal health care affords each and every resident of Canada regardless of the ability to pay.

A quick comparison with the privatized health care system of the United States quickly points to the fact that every resident here is covered. Well over 40 mil- lion people in the States are not. Middle-class families in the States are struggling financially to afford medical insurance, and the financial impact on corporations and industries that pay for employee coverage is quite severe. The difference between us and the U.S. is that a non–medically trained clerk in an insurance office in the States will determine what sort of treatment you will get, not your doctor.

Individuals with a genetic predis- position to Huntington's disease will not be covered at all, and as a result, th ey are unemployable by any corporation that offers medical insurance as part of the benefits package. These folks have been barred from even suing to regain coverage. By comparing service provisions of care between Canadian not-for-profit dialysis facilities and the American for-profit providers, there is a great difference between survival rates. Canadians have a far greater survival rate than Americans. Yes, the health care system in Canada needs fixing.

We believe that every British Columbian should be treated with respect and dignity regardless of circum- stances. This week is National Medicare Week. Let's emphasize a British Columbia virtue — a virtue of care over a money-grabbing, profit agenda. Mr. Speaker, in this assembly, we care. We care for British Columbians. We care for all British Columbians. Oral Questions SCHOOL DISTRICT FUNDING C. James: Last spring school boards did their part. They went out, and they consulted with their communi- ties. They created their budgets based on the numbers that the Minister of Education gave them.

They developed their plans for programs and services to students. Now that same Minister of Education is throwing the whole system into disarray. Her decision to change the funding formula in the mi ddle of the school year is unacceptable and irresponsible. Ultimately, students will pay the price. My question is to the Mi nister of Education: can she tell us today how much her money grab is taking away from students and school dist ricts in the middle of the school year? Hon. S. Bond: What's most disappointing about that question is that the Le ader of the Opposition used to be a school trustee.

In fact, the budget for public education in British Columbia has never been higher in the province. Not only that — perhaps the leader should do her homework — the budget for public edu- cation in British Columbia is going up by $116 million this year. Interjections. Mr. Speaker: Members. The Leader of the Opposition has a supplemental. [1410] C. James: Let's take a look at a quote from this gov- ernment on education. The B.C. Liberals promised stability in the funding formula. The B.C. Liberals in fact promised multi-year budgets.

They promised "a stable and predictable environment in public education." How stable and predictable is it to pull back money from school districts in the middle of the year? Interjections. Mr. Speaker: Members. Members. Continue. C. James: As the minister mentioned, I know the challenges that school boards face because, yes, I was proud to be a school trustee and sit around that board table. But what's incredible to me is that the Minister of Education actually sat arou nd that school board table as well.

So she can't preten d that she doesn't know the impact of taking back money from school boards in the middle of the year. School boards have already constructed their budgets, and now they're going to have to look at cutting programs and services. Again, to the Minister of Education: not how much is the global budget but how much are you clawing back? And why are you taking it back from boards in the middle of the year? Hon. S. Bond: The Leader of the Opposition well knows that in March of this year we announced a record budget for education of $4.345 billion. Interjections. Mr. Speaker: Just take your chair.

Members. Minister, continue. Hon. S. Bond: In fact, today, as in March, the exact amount of $4.345 billion will be going out to school boards, as we committed. Let's look at our record in funding for public educa- tion. Let's look at this. In 2004-2005, an $85 million increase. That side of the House voted against it. In 2005-2006, 150 million additional dollars to education. That side voted against it. Last year alone, almost half a

THURSDAY, NOVEMBER 22, 2007 B RITISH COLUMBIA DEBATES 9419 billion dollars to education funding, and they voted against it. Mr. Speaker: Leader of the Opposition has a further supplemental. C. James: If the Minister of Education took some time to listen to school boards, she'd hear the concerns they have over the fact that they handed out the budget in March and then clawed it back from the boards in October. I'll read from a few of those boards.

"This letter is being sent to express our heightened frustration and anger with the Minister of Education's approach and the impending impact on students" — from the North Vancouver school board. George Maclagan, the chair of the Campbell River school board has said that the clawback "puts our most vulnerable students at risk." The Langley school board says they could lose $1.6 million. Prince George school board says $3 million; Victoria, $3.4 million; and Surrey says they'll lose $3.6 million. School boards across this province are angry. They're frustrated, and they're concerned for their students.

So again, to the Minister of Education: when will she put an end to this arbitr ary clawback of funds from school boards in the middle of the year? Hon. S. Bond: As I said previously to the Leader of the Opposition, in March we said that $4.345 billion would go out to school boards, and in fact $4.345 billion will go out to school boards. Interjections. Mr. Speaker: Members. Minister, just take your seat. Now, we listened to the qu estion. Let's listen to the answer. Continue, minister. Hon. S. Bond: I'll put this government's record of funding of public education up to the Leader of the Opposition any time.

Let's look at what the Leader of the Opposition said in the campaign. Let's listen: "There's no money for teachers, for an increase for teachers, in our budget." That 's what the Leader of the Opposition said during the campaign. We've added almost a billion dollars to public educa- tion in the last four years. That's the record of this side. [1415] D. Cubberley: The minister just can't admit to Brit- ish Columbians that she's taking 50 million bucks back from school boards. Interjection. D. Cubberley: Oh, she isn't, eh? It's interesting.

The Vancouver Island School Trus- tees Association calls the minister's money grab terrible and unacceptable, and the Richmond school board says it creates a climate of uncertainty and an unnecessary disruption of programs and services to students. It's time the minister stepped back and ended the charade. She was a trustee. She should know that what she's doing is causing chaos for the boards. So why won't she stand up and just admit that her money grab from students is simply to fill a hole in her budget and protect her ministerial bonus? Hon. S.

Bond: There's a simple reason that I won't actually suggest that we're taking $50 million back. Interjections. Mr. Speaker: Members. Hon. S. Bond: The answer is that we're not. Interjections. Mr. Speaker: It's going to be a long question period. Continue. D. Cubberley: Well, is the Prince George school dis- trict wrong in what they say? Is the Richmond school district wrong? Is North Vancouver wrong? Is Langley school district wrong? Is Saanich school district wrong? This money grab is all about the minister's budget. It has nothing to do with student achievement. Here's what North Vancouver school board says.

"This shortsighted funding policy change pressures nearly every school district in the province to throw out their well-planned and nearly fully implemented budget plans to solve the Ministry of Education's budget problem, apparently created by an inability to forecast expenditures." To the Minister of Education: when will she step up and put students ahead of her bonus? Put an end to the money grab. Hon. S. Bond: Let me just reiterate for the members opposite. We are adding $116 million to the budget of education in this province this year.

In addition to that, all of the dollars that were committed to the operating budget for school boards — $4.345 billion, a record in British Columbia — will be sent out to school districts this year. In addition, in British Columbia today we have the highest per-student funding ever, which was an increase of over $1,700 per student since 2000-2001, and the members opposite voted agai nst every single increase that we brought to the Legislature. CALL FOR INVESTIGATION INTO ACTIONS OF PAUL TAYLOR L.

Krog: Yesterday the opposition released an e- mail that suggests Deputy Minister of Finance Paul Taylor was providing Pilothouse Public Affairs with sensitive and confidential government information. But

9420 B RITISH COLUMBIA DEBATES T HURSDAY, NOVEMBER 22, 2007 Mr. Taylor's relationship wi th Pilothouse wasn't even touched on in the KPMG report released over a month ago. Because KPMG was given only limited powers of investigation, they were unable to consider important information. British Columbians deserve answers. Will the Pre- mier commit today to hold an independent investigation w i t h f u l l p o w e r s o f s u b p o e n a i n t o P a u l T a y l o r ' s r e l a - tionship with Pilothouse? Hon. G. Campbell: Yesterday was the first we heard of the member's so-called additional information.

We asked that he forward it to the office. He has done so. My deputy minister will review the new correspondence released by the opposition yesterday to determine the nature of any issues that may be raised. I think it's important to understand what actually has taken place. This government has taken this matter very seriously from the outset . I should be clear that if the opposition has informatio n, they should make that available.

When that information is made available, we deal with it. [1420] KPMG has reviewed in fu ll the issues that were raised in the spring, and they have said quite com- pletely that they found there was nothing done wrong by Mr. Taylor. Let me underline that. Nothing was done wrong by Mr. Taylor. Mr. Taylor's only offence is evidently that he served in the government. He served with respect. He served with integrity. Frankly, he's respected throughout the com- munity because of the service he's made. For this member to continue with this kind of dia- tribe requires him to go out in the halls and say if he thinks Mr.

Taylor has done something wrong. It's been very clear from KPMG that Mr. Taylor did nothing wrong. Interjections. Mr. Speaker: Members. Member has a supplemental. L. Krog: Well, if the Premier had asked the tough questions in the spring, there wouldn't be any questions this fall. That's the whole problem with the KPMG report. The terms of reference were so narrow that it would be impossible to get to the bottom of any story, and that's the issue.

The Premier doesn't seem to begin to understand that — that these are important and serious allegations, and they're worthy of a proper and full investigation by a fully empowered inquiry commissioner. Yesterday the Minister of Finance essentially said: "Over to you, Mr. Premier." So I say to the Premier today: instead of a weak-kneed, whitewash approach of an investigation, will he commit to a full and inde- pendent investigation with full subpoena powers, with terms of reference that actually make sense and don't limit the investigation so we'll get another whitewash report in this matter? Hon. G.

Campbell: You know, Mr. Speaker, Mr. Taylor is highly regarded in the community. KPMG is highly regarded in the community. This particular member has continually called down both of those groups, KMPG and Mr. Taylor. Let me be clear. This government took this seriously from the outset. We will continue to take this seriously. We said there would be a review done. A review has been done. We said we would make that review public as soon as it had gone through freedom of information and protection of privacy. Interjections. Mr. Speaker: Members. Hon. G.

Campbell: Only the members opposite would think they were standing up for someone when they're actually advocating that we break the law. The fact of the matter is that we are going to put it through that screen. When that freedom-of-information and protection-of-privacy commission report is done, it will be made public. It is in everyone's interest to make it public within the law an d within the framework of the law. POPE AND TALBOT BANKRUPTCY PROCEEDINGS C. Evans: My question is for the Minister of Forests.

Yesterday over in the Supreme Court in Vancouver I got to watch a bizarre, even Kafkaesque spectacle of 17 lawyers circling around the entrails of Pope and Talbot, attempting to get what they can. The lawyers planned to get paid and submitted to the court a plan to get paid by having an auction in about a month's time and auctioning off the assets of Pope and Talbot. One of those assets that they intend to auction is the licence, the people's licence, to log TFL 23. The Minister of Forests' contract with Pope and Talbot from March 1, 2000, says: "I f the licensee commits

an act of bankruptcy, makes a general assignment of its creditors or is otherwise acknowledged as insolvent, the licensee is deemed to have failed to perform an obligation under this licence." Pope and Talbot went into

chapter 11 four days ago in the United States and a similar process yesterday in Vancouver. Amongst the 17 lawyers there, there was not one for the Crown. My question to the minister is: will you now, through the Legislature, instruct the courts and Pope and Talbot that they are in contravention of their contract with tree farm licence 23, that they have no asset, and that it will not be part of an auction process? [1425] Hon. R. Coleman: I don't have any advice back from my legal counsel at this point, so I'll take the question on notice. K. Conroy: I thought we heard the minister say recently in this House that land could not be released

THURSDAY, NOVEMBER 22, 2007 B RITISH COLUMBIA DEBATES 9421 until proper consultation was done. Well, that hasn't been done. To the Minister of Forests: how did the people in this province lose control of our tree farm licences so that they now sit in the Supreme Court of B.C.? Hon. R. Coleman: Pope and Talbot have filed under CCAA, which is a proceeding to try and restructure a company. They have to go through a process. We intervened in that pr ocess in Ontario and asked that the hearings be brought to British Columbia, as I said to this House that we would.

We will continue to monitor this as we come through, and we will certainly protect the interests of the Crown as we do so. Mr. Speaker: The member has a supplemental. K. Conroy: It was actually only after this opposi- tion embarrassed that minister and that government to actually stand up for the people of this province, to ensure that there was representation in the court in Ontario, that the court decided to move the jurisdiction to B.C. This is not private land that had been picked up by a market with a willing seller and a willing buyer.

This was expropriated land transferred to a logging com- pany years ago to employ people, and it should remain in the tree farm licence or be returned to the Crown. Will the minister commit today to ensure that that land is not released? Will he stand up for the people of this province, for the people in the Kootenays and say that the land will not be released, that it'll stay in the tree farm licence? Will he do it today? Hon. R.

Coleman: The member opposite should also be aware that a company has made an offer to buy two of the sawmills in their area and the tree farm licence, because they would like to operate in the business if they can make it successful. I suppose she opposes that that offer would actually be cons idered by the courts. That doesn't include the private lands, hon. Member. The fact of the matter is that we were moving on t h i s l o n g b e f o r e … . A s s o o n a s w e k n e w t h a t t h i s w a s being filed in Ontario, my folks were instructed to go through the AG and make the intervention.

Your other description of this is absolutely wrong. Interjections. Mr. Speaker: Members. TRANSFER OF LYTTON LUMBER ASSETS H. Lali: Lytton Lumber went into receivership this summer. My question is to the Minister of Forests. Will he commit today to holding off on approving the transfer of the timber licence and also the ten-year pine beetle uplift to Aspen Planers of Merritt and assign a senior ministry official to work with this sitting MLA to find a solution for proc essing the wood locally and keeping the laid-off employees working in Lytton? Hon. R.

Coleman: I'm actually very disappointed in this question, and I'll te ll you why. There's been a longstanding tradition in this House where members can walk over, sit down beside a member and hand them a letter and a request to actually help them solve a problem. That took place yesterday afternoon, from the member for Yale-Lillooet. He came and spoke to me about Lytton Lumber. I committed to him then that I would connect him with the parties that may be interested in the assets and that I would have a senior member of my staff work with him on this file. That's the commitment I made yesterday.

I'm disappointed that within this House you can't have that discussion. Then you want to try and bring it up in question period. Go ahead, but it actually changes the dynamic of the one-on-one relationship between members of this House, in this chamber. I'm very disappointed in that particular member. Interjections. Mr. Speaker: Members. [1430] RESIDENTIAL TENANCY BRANCH SERVICES D. Thorne: I have a question for the Minister for Housing about basic rights as well. Under this govern- ment the basic protection for tenants is being quickly wiped out in British Columbia.

Funding cuts have led to the closure of most of the residential tenancy branches and call centres. Replacing real people has created serious hardships for tenants, especially seniors and new immigrants. People are waiting for hours on the telephone. Tenants and landlords are getting e-mail responses that say there is a minimum six-week wait for service. In some cases, people are being unfairly evicted before they even talk to an arbitrator, because of backlogs.

My question to the Minister for Housing: will he commit today to restoring the resources and the branches of the RTB so that vulnerable tenants all over this province will receive the level of protection they deserve? Hon. R. Coleman: We have had some concerns with wait times at the residential tenancy branch. The member is aware of that, and so am I. I have asked my folks to…. We've had an assess- ment going on with regards to it so that we can speed it up and improve the service.

The fact of the matter is that if you look at the Residential Tenancy Act today and its relationship between landlord and tenant, it's substantially better than it was six years ago when the act got a plain-language rewrite. We've streamlined administ ration to speed things up. We are working very hard. We have a very good director in there who is working very hard to find solu- tions to the capacity and so me of the telephone issues we've had. I actually have a lot of confidence in her. I had a meeting with them a week or so ago with regards

9422 B RITISH COLUMBIA DEBATES T HURSDAY, NOVEMBER 22, 2007 to it. Service is improving, and they feel that they're getting ahead of the game. Mr. Speaker: The Member has a supplemental. D. Thorne: I ' d l i k e t o b e v e r y c l e a r t h a t I a m n o t talking about the director of the RTB or the staff. I think they're doing an amazing jo b, considering they have two full-service offices left in British Columbia and three and a half offices cut in the last few years. I think it's shameful.

The only thing that's going to fix this problem is to put those branches back, put more staff back in those offices and give the resources back. The minister can huff and puff all he wants, but there is no doubt that the facts are ve ry, very clear. People are being denied their rights. They're being denied arbitration hearings and reviews. Interjections. Mr. Speaker: Members. D. Thorne: I can tell a story about a woman from the Okanagan called June, who just came down here all the way to Victoria to protest on the lawn by herself with her young child because she is in a terrible situation in her hometown.

She can get no results. She was denied a hearing. Her arbitrator did not call in. She waited and waited. Thank goodness she had the foresight to have two reliable witnesses with her to prove that she was on the li ne waiting. Then, when she complained about this and asked for another arbitration, it was denied, and the review was denied. I will say once again to the Minister: will he please commit to closing all the loopholes in the Residential Tenancy Act, loopholes that are leading to many unfair evictions and hundreds of terrible, unfair decisions? Hon. R.

Coleman: I was in the residential tenancy business back in the 1990s, and most of the arbitrations then were done by telephone. There weren't offices all over the province. The arbitr ations were actually done by telephone with an arbitr ator in one community and people in another. The other part of what th e member brought up about arbitrators and the denial…. That, quite frankly, is a quasi-judicial position of an arbitrator, who makes that decision without influence from anybody. They take the information behind them. They can deny or grant a hearing, because that is their legal responsibility.

EVICTION OF TENANTS IN DOWNTOWN EAST SIDE D. Chudnovsky: The province signed the inner-city inclusivity agreement and committed to protecting rental housing stock, ensuring that people are not made home- less and ensuring that residents are not involuntarily displaced or evicted — all on Vancouver's downtown east side. [1435] On October 31 tenants of the Dominion Hotel were issued eviction notices. What is the "minister responsi- ble for homelessness" doing to protect the residents of the Dominion Hotel, or do the commitments that were made mean nothing? Hon. R. Coleman: Oh, Mr.

Speaker, I've been waiting for a housing question in this House from the members of the opposition for a long time. So let's have a little review of the facts. In 2001 the entire housing budget of British Columbia was $120 million. Today it's over $350 million. Two days before we announced the purchase of the SROs, I received a letter from the member for Vancouver– Mount Pleasant, begging me to buy SROs in the province of British Columbia in Vancouver, and we bought ten of them on behalf of the people of the province. Last year we launched the most successful housing strategy in the history…. Interjections. Hon.

R. Coleman: Oh, listen to this. Careful. Listen to this. We put outreach workers in over 20 communities in the province. Over the last year alone 1,600 people that were homeless have been connected to housing supports, and 85 percent of those people are still housed today. In 2001 there were 1,300 units of housing with supports in the entire province. Today: 3,600 units of housing supports. Interjections. Mr. Speaker: Members. The member has a supplemental. Interjections. Mr. Speaker: Members. D. Chudnovsky: I would ask the members opposite not to make jokes about the homeless people in Van- couver.

Stop making jokes about them. They deserve better in policy, and they deserve better in this House. Now, hon. Chair, the minister knows… Interjections. Mr. Speaker: Members. D. Chudnovsky: …and you know and everybody in the House knows that the minister didn't answer the question. It's not just the Dominion Hotel. Phoenix Apartments shut down, and the people had to leave; 334 Carroll Street closed as of February 28. There are lots more examples. In fact, the city report says that the downtown east side stands to lose an additional 660 low-rent units by 2010. The commitments have to mean something.

Will the minister answer the question? Do the commitments mean something? What is he going to do to protect those people who are facing homelessness in our city?

THURSDAY, NOVEMBER 22, 2007 B RITISH COLUMBIA DEBATES 9423 Hon. R. Coleman: This is the group that didn't even come out a couple weeks ago and applaud the fact that we funded 24-hour service in every homeless shelter in the province of British Columbia — 24-7. Thirteen hundred units of housing with supports in 2001; 3,600 in 2007; plus — because you asked me to stop — another 946 under construction today. Interjections. Hon. R. Coleman: Oh, the member for Vancouver– Mount Pleasant is getting very excited.

I wish she'd got as excited when I bought the ten SROs after she begged me to intervene in the downtown east side of Vancouver. Interjections. Mr. Speaker: Members. [1440] Hon. R. Coleman: There were 700 emergency shelter beds in British Columbia in 2001. Today there are 1,300 shelter beds in British Columbia. Just one more thing. In just one year over 10,000 people — 3,600 families, 3,000 seniors — are receiving rent support so that they can have affordable housing in their communities where they live in the province. [End of question period.] Point of Privilege Hon. G.

Abbott: I rise today on a matter of privi- lege. Yesterday the member for Cowichan-Ladysmith levelled accusation in this chamber regarding the care of an individual at the facility the Lodge on 4th in Ladysmith. He made the following allegations, and I'll quote from Hansard: "There was not adequate time to properly administer her medications — medications she needs to breathe." Further, the individual's mom "was covered with bedsores. That was the result of being in that care home for a few weeks." Further, he asserted: "The clothes that were packed for her were never used." I have in hand today a letter from Mr.

Howard Waldner, who's the president and chief executive officer of the Vancouver Island Health Authority. It is dated… Interjections. Mr. Speaker: Members. Members. Hon. G. Abbott: …today, and it regards yesterday's question period. I will table a copy of this letter with my privileged submission. Mr. Waldner states the follo wing in his letter: "Hav- ing reviewed the specific concerns raised with respect to the client, and after following up directly with our director of residential services and the director of care at the Lodge on 4th, I can confirm that these allegations are completely unfounded." Mr.

Waldner further states: "It is regrettable that the MLA failed to bring these concerns forward to the health authority for appropriate follow-up before raising unfounded allegations in the Legislature." The letter from Mr. Waldner provides further details re- garding the specific allegations made by the member. The facts are very clear, and I look forward to a sub- mission from the member in which he will hopefully provide an explanation of how he did not knowingly mislead this House.

I would also ask that the member for Cowichan-Ladysmith rise in the House today, as I believe is traditional in this assembly, and apologize not only to the members of this House but more importantly to the caregivers of the Lodge on 4th in Ladysmith, who provide excellent service day in and day out to the residents of that facility. M. Farnworth: I rise to reserve our place to respond at the appropriate time to the documents the minister has read out. Mr. Speaker: I'll take it under advisement after I hear from the opposition side. C. Evans: I rise to table a petition. Mr. Speaker: Proceed. Petitions C.

Evans: I rise to table a petition with 551 signa- tures and 304 individual letter s. That's 885 people from Nakusp and Arrow Lakes asking the Minister of Forests to see to it that they get paid before any tree farm licence is sold or any private land is transferred. Hon. M. de Jong: I seek leave to make an introduction. Mr. Speaker: Proceed. Introductions by Members Hon. M. de Jong: Although I made the introduc- tion earlier, I see that Chief Kim Baird has arrived in the chamber to witness the historic event about to unfold in this chamber.

I again ask all members to make Chief Kim Baird of the Tsawwassen First Nation welcome. [1445] Mr. Speaker: Hon. Members, if you would remain in your seat, the Lieutenant-Governor is in the precinct, and he will be arriving in the chamber soon. Royal Assent to Bills His Honour the Lieutenant-Governor entered the chamber and took his seat on the throne. Hon. S. Point (Lieutenant-Governor): Okay, good afternoon. Everybody sit down. [Applause.]

9424 B RITISH COLUMBIA DEBATES T HURSDAY, NOVEMBER 22, 2007 Clerk of the House: Tsawwassen First Nation Final Agreement Act Final Agreement Conseque ntial Amendments Act, 2007 Treaty First Nation Taxation Act Business Practices and Consumer Protection (Payday Loans) Amendment Act, 2007 Securities Amen dment Act, 2007 Adult Guardianship and Planning Statutes Amend- ment Act, 2007 In Her Majesty's name, His Honour the Lieutenant- Governor doth assent to these acts. [Applause.] His Honour the Lieutenant-Governor retired from the chamber. [Mr. Speaker in the chair.] Statement H.A.D. OLIVER Hon. G.

Campbell: I know that momentarily we'll be hearing from the special committee to appoint the conflict commissioner, but while we're here today, I think it's important for us to recognize the exceptional service that we have received since 1997 from H.A.D. Oliver as the Conflict-of-Interest Commissioner for British Columbia. [1450] Hon. Speaker, I know that members of the House will a g r e e w i t h m e t h a t C o m m i s s i o n e r O l i v e r h a s r e c e i v e d numerous awards for his professional services — the national orders of merit from several nations.

But looking back over his ten-year contribution to the people of British Columbia and — equally importantly, from our perspec- tive — to the members of this Legislative Assembly, I think everyone would agree that there are two words that define the commissioner: unshakeable duty. The commissioner has always been a man that has understood the importance of public duty. Throughout his life, he has served his community, he has served his province, and he has served his country. He served it with honour, with integrity and with commitment to the public good.

All British Columbians, and none more so than the members of this House, were well served by his obvi- ous and steadfast belief in the importance of the work that we do in this House. Regardless of what takes place day to day, it is this House and this Legislature that people look to for guidance, for thoughtfulness and for direction. The commissioner always un derstood that he had an important role to play for us as well as for the public. Who in this House will ever forget the first call to the conflict commissioner's office?

When you arrived, just to make you feel comfortable, he said: "Would you like a biscuit with your tea?" They were always biscuits. It was that charm that actually allowed the com- missioner to serve us all so well, because while never losing sight of his public commitment, he never lost sight of the fact that each of us were individuals who w e r e t r y i n g t o s e r v e . A n d a s h e s e r v e d t h e p u b l i c , s o did he serve us.

Today on behalf of all members of this House both present and in the past — from 1997 on — I would like to say a special thank-you to the commissioner for the work he put in, for the time and the effort, for his commitment and for his service. I would also like to say to the commissioner that I know his family has put up with this service as well. We hope that as he takes a little bit of time away, he will enjoy his family, he will enjoy his time, he will enjoy his city and he will enjoy his province and his country.

He has been a nation-builder, a province-builder and a supporter of pub- lic institutions, which are critical to our democracy. Thank you, Commissioner H.A.D. Oliver. [Applause.] C. James: I want to add the words of the opposition in appreciation and thanks to H.A.D. Oliver for the work he has done, not only in this Legislature but, as was mentioned, across this province.

I think all of us will remember that one of the most important lessons we received when we went to visit the commissioner was his comment to all of us: "You should come and see me before you read your name in the newspaper." I think that was something all of us will remember — the courtesy that he gave us, the strength that he provided to this role, the wisdom that he brought. What is so striking for me was the conversation in my last meeting that I had with the commissioner, where I asked him what he was going to do in his retirement.

He had a long list of duties that he was already ready to take on in his retirement. I think retirement for H.A.D. Oliver is very different than for many people who retire. I expect we'll continue to see him. He's going to be just as busy as he is in his current role. We wish him well, and we thank him for his years of service. [Applause.] Reports from Committees I. Black: I have the honour to present the report of the Special Committee to Appoint a Conflict of Interest Commissioner for the third session of the 38th parliament. I move that the report be taken as read and received. Motion approved. I.

Black: I ask leave of the House to suspend the rules to permit the moving of a motion to adopt the report. Leave granted. I. Black: I move the report be adopted, and in doing so, I would like to make some brief comments. I would like to, first of all, thank the members of this committee — who include, as Deputy Chair, the member for Port Coquitlam–Burke Mountain; the member for Burquit- lam; the member for Vancouver-Kensington; and the member for North Vancouver–Lonsdale. [1455]

THURSDAY, NOVEMBER 22, 2007 B RITISH COLUMBIA DEBATES 9425 I would also like to thank Craig James, our Clerk Assistant and Clerk of Committees, and of course, Josie Schofield, the committee research analyst. I would like to thank the committee for the thoughtful deliberations that took place over the last several months in filling what is, without question, a crucial role for the work of this House. I would like to acknowledge our new conflicts commissioner, Mr. Paul Fraser, QC, LLD. During his illustrious legal career, Mr. Fraser has spe- cialized in civil and criminal litigation.

He is currently providing counsel to the international law firm of Fraser Milner Casgrain LLP, based in their Vancouver office. Mr. Fraser is president of the Canadian

section of the International Commission on Jurists and former president of both the Canadian Bar Association and the Commonwealth Lawyers Association. He has six times been appointed by an Attorney General of this prov- ince as special prosecutor and has also been appointed by the government of Canada to chair federal commis- sions and special committees. He possesses outstanding qualifications and has assembled a distinguished car eer as a senior figure in Canada's legal community.

We are very fortunate in- deed to have secured a Conflict-of-Interest Commis- sioner who has served in many prominent roles — as adjudicator, chair of inquiries and commissions, and as president of both national and international legal and human rights organizations. M. Farnworth: I just want to add my voice to that of the Chair of the committee. I think we went through quite an extensive process. The committee worked extremely well. I want to extend my thanks to the members of the committee and the staff that supported the committee. We look forward to the appointment of Mr.

Fraser, feeling that he will follow in the footsteps of H.A.D. Oliver and provide the service that we all expect from a Conflict-of-Interest Commissioner. With that, I thank the committee and take my place. Mr. Speaker: The question is the adoption of the report. Motion approved. Motions without Notice APPOINTMENT OF CONFLICT-OF-INTEREST COMMISSIONER Hon. G. Campbell: By leave I move: [That this House recommend to His Honour the Lieutenant Governor the appointment of Mr.

Paul Fraser, QC as the statutory officer of the Legislative Assembly to exercise the po wers and duties assigned to the Conflict of Interest Commissioner for the prov- ince of British Columbia pursuant to the Members' Conflict of Interest Act (RSBC c. 287).] Leave granted. Motion approved. Reports from Committees R. Fleming: Mr. Speaker, I have the honour to present the second report of the Select Standing Committee on Public Accounts for the third session of the 38th parlia- ment. I move that the report be taken as read and received. Motion approved. R. Fleming: Mr.

Speaker, I ask leave of the House to suspend the rules to perm it the moving of a motion to adopt the report. Leave granted. R. Fleming: I move that the report be adopted, and in doing so, I will comment very briefly. This report summarizes the committee's review of 16 resolutions for records retention and disposal authorities submitted by the public documents committee, a com- mittee that is chaired by the province's archivist and annually reviews the records retention schedules created by ministries and central agencies.

These recommendations from the public documents committee are made according to a set of legal, opera- tional and financial obligations. Records with long-term value to the government, corporate entity, are retained in government archives. Confidential documents with limited value are placed in ministry storage and, after a statutory period of time, are confidentially destroyed. Under

section 3 of the Document Disposal Act, the Legislative Assembly is required to approve the retention and disposal of government records. The 16 resolutions submitted in this report ar e of a housekeeping variety. They pertain to legal discoveries for tobacco litigation and record schedules from agencies covering topics from liquor distribution, police services, gaming, natural resource authorization and emergency health. Mr. Speaker: The question is adoption of the report. Motion approved. Tabling Documents Hon. O. Ilich: Mr. Speaker, I table the 2006 annual report for the Labour Relations Board.

Orders of the Day Hon. M. de Jong: I call second reading debate of Bill 45, the Maa-nulth First Nations Final Agreement Act. [1500] Second Reading of Bills MAA-NULTH FIRST NATIONS FINAL AGREEMENT ACT Hon. M. de Jong: What a delight, in the aftermath of having had royal assent granted to the first treaty to

9426 B RITISH COLUMBIA DEBATES T HURSDAY, NOVEMBER 22, 2007 emerge from the B.C. Treaty Commission just a few moments ago by His Honour the Lieutenant-Governor, to now be standing moving second reading of Bill 45, the Maa-nulth Final Agreement Act. [S. Hammell in the chair.] It seems that at a time when we were often speaking of firsts…. There have been many over the last number of years and particularly this year. I think it's fair to say that amongst those firsts, we can talk about the first modern- day treaty — the Nisga'a treaty — that wasn't a product of the Treaty Commission process.

But with the Maa-nulth treaty, two distinguishing characteristics are of significance and of note. First of all, geographically, it's the fi rst treaty to be negotiated on Vancouver Island, a historic part of not just the province but the country. When we talk about the relationship between abo- riginal peoples, first nations and Europeans — who were engaged in voyages of discovery, of course — that all took place on the west coast and on the west coast of Vancouver Island. So it's significant for that reason in terms of our joint histories.

At least as significant, it's the first time we are dealing with a treaty that has been negotiated at a single table but with multiple parties. These are the five Maa-nulth First Nations — five members of the Nuu-chah-nulth Nations — who came together and decided that they wanted to pursue a settlement jointly. I think it is worth spending a few moments to describe or to relate to the assembly and to those watching just who the Maa-nulth are, their history in the province of British Columbia and, in fact, the history that predates the province of British Columbia. The Maa-nulth communities and their leaders.

I'll start with the Huu-ay-aht First Nation. The Huu-ay-aht comprise just over 600 members, some of whom live on reserve at Anacla and can ac tually trace their origins through their histories to Diana Island. It's a fascinating part of the province and part of the country to visit. Happily, I've had that opportunity under the guidance of Chief Councillor Robert Dennis. [1505] The Huu-ay-aht lands are located in Barkley Sound between Bamfield and the Sarita River — extraordinarily beautiful country.

Pachena Bay — I suppose it won't be hidden for long — is this jewel of a place, a beach of extraordinary beauty that many people see as a bit of an oasis when they come to the head of the West Coast Trail. In fact, I think that w ill factor directly in some of the future plans. The Huu-ay-aht have been active in developing land management. They have been active on the economic development side in terms of traditional resources from the sea, from the forest. They have band-operated shellfish aquaculture operations.

These are all significant operations that the Huu-ay-aht have already undertaken in pursuit of economic develop- ment opportunities and employment opportunities for their people. They've engaged in joint ventures with forest licen- sees. I had an opportunity in the case of the Huu-ay-aht to visit the log sort that they have purchased. Interesting story about the log sort, and it says a lot about who the Huu-ay-aht are. As they were developing their forestry opportunities, they were confronted with a situation where, as logs were taken to the sort, they would find themselves in a lineup.

Whereas I suppose other companies, other agen cies or other communities might have thrown their hands in the air and com- plained about how that was impacting their operation, they said: "No, I know what we're going to do. We're going to buy our own." Now other operators come to them, and they're able to process that timber and that fibre in an operation they own and operate. They are actually now providing service to others in the forest sector — a s I s a y , v e r y typical of the approach the Huu-ay-aht have taken through the years, taking the bull by the horns and finding their own solutions.

T he y do w el c om e ea ch y e ar th ou san d s o f v is i t or s to the Pachena Bay Campground. It's a modern, well-run facility. We had an opportunity to see it. I'm going to talk about that a little bit later when we talk about the signifi- cance of this treaty. There's an anecdote that Chief Robert Dennis related to me, which really speaks volumes to why this agreement is important and why I commend it to the members of the assembly for their support. The Ka:'yu:'k't'h'-Che:k:tles7et'h' First Nation is first and foremost, I will confess, a bit of a mouthful for me.

It has taken a matter of months for me to do justice to the name and pronounce it correctly, but I think I do finally. The Ka:'yu:'k't'h'-Che:k:tles7et'h' is a first nation of approximately 500 members. A good number of them live on the reserve, others elsewhere on Vancouver Island and on the mainland. They're the northernmost of the Maa-nulth Nations, and I think it's fair to say they live on Kyuquot Sound, a fairly isolated place north of Nootka Sound. The main village is only accessible by boat or air- plane and adjacent to the non-aboriginal community of Walters Cove.

Together, they have come to be known as Kyuquot. Again, incredibly beautiful terri- tory. If people have an opportunity to visit there or take one of the last working freighters to ply the west coast, it's a tremendous way to get a sense of where the Ka:'yu:'k't'h'-Che:k:tles7et'h' First Nation resides. These are entrepreneurial-minded people, as well, as I have come to know them. They are active in the forest sector. In 2005 they secured a forest and range agreement for 132,000 cubic metr es of timber, and they are certainly interested in exploring and developing the tourism potential of their area.

They have a special interest in low-impact ec otourism around the Brooks Peninsula Park. Everything I have seen confirms in my mind that, armed with the new tools that this final agreement will provide, they are well positioned to do just that. [1510] The third community, members of the Maa-nulth First Nation, the Toquaht has just under 150 members.

THURSDAY, NOVEMBER 22, 2007 B RITISH COLUMBIA DEBATES 9427 A number live off reserve. Their main community is the Macoah Indian reserve 1, located near the mouth of the Maggie River on the north side of Barkley Sound. They, too, have been very active in forestry through their economic development arms, Toquaht Enterprises and Toquaht Developments. They've participated in some real estate development and have been involved in aquaculture. They've got a small marina, and for people lucky enough to visit, again, through…. They are the main gateway to the Broken Islands group.

I think the potential for developing sustainable ecotourism in that area is as great as their enthusiasm and desire is to do just that. The fourth community, the Uchucklesaht band, has just under 200 members. They live on a number of reserves, like the other Maa-nulth Nations. A number of them live in and around the Port Alberni area. The main community Cowishil is located near the mouth of the Uchucklesit Inlet on the west side of Barkley Sound. There are other village sites.

As with the other Maa-nulth Nations, the final agreement recognizes their la rger traditional territory and provides them with some of the new administrative tools that they will be usin g to manage those lands and resources to the benefit of their Uchucklesaht people. They have been, again, acti ve in forestry. They have a forest and range opportunity agreement, and they are certainly interested in diversifying their local economy into sustainable ecotourism.

The T'iitsk'in Paawats, other- wise known as Thunderbird's Nest, which is a part of this agreement, is going to provide them with, I think, a focal point of some of that activity. Finally, the Ucluelet First Nation has over 600 mem- bers. Over 200 of them live on the reserve near Ucluelet. There are actually ten reserv es located in the area, and like the other Maa-nulth communities I've mentioned, they, too, have carved out for themselves a full partici- patory role in the forestry sector.

They were one of the early first nations to jump on the opportunities afforded by the forest and range opportunity agreements, and that provided them with upwards of 91,000 cubic metres of timber in a licence. They have an economic development committee, and some of their recent developments have included investments in a power partnership, Eagle Rock Aggre- gates. They have full ownership and control of the Ucluelet development corporation and Ucluelet First Nation Holdings, which is a forestry-based venture.

They are intent, armed with the benefits of this agreement, to move in even a more concerted way into diversifying their real estate holdings. The Ucluelet First Nation has recently acquired a motel in downtown Ucluelet. They are truly a part of the larger community and, with this treaty, will become the owners of some prime waterfront real estate, which I know they are going to consult with their community on and make some decisions around to develop in the way that best serves the interests of their community. Those are the five communities that comprise the Maa-nulth.

There is a storied history, over 300 years of history — actually many hundreds more than that. I suppose I should properly de scribe it as over 300 years of history between the Maa-nulth Nuu-chah-nulth people and the first European s that came and explored the coast.

It was actually the Nuu-chah-nulth who were first to have contact — after the first indigenous people north of California — with those European explorers who came to the area. [1515] We tend to forget that this is a part of our country, a part of British Columbia, that was the site of some interesting international political contests between the Spanish, the British and the Russians and, of course, the indigenous people that were already there.

Actually, some of these disputes amongst Europeans came to a head as late as the 1790s, when Spain and Britain got embroiled in a fairly bitter international dispute around Nootka Sound, which was ultimately resolved when the Spanish withdrew from the area. It is, however, also a day — when we are considering the history of the Nuu-chah-nulth people — to remind ourselves that what have been termed the Nootka negotiations were conducted under the hospitality or the auspices of a very powerful Nuu-chah-nulth chief, Chief Maquinna, who was located in Nootka Sound.

So even today it is possible to see the influence that the Nuu-chah-nulth peoples have had in the evolving history of our country and our province.

It's interesting to note, as well, that while we were talking just a few weeks ag o about the evolving rela- tionship and how it related to the Tsawwassen First Nation, the Coast Salish people, it wasn't necessarily the agricultural land or the agricultural prospects that attracted Europeans to the west coast of Vancouver Island, but it was certainly the forests, the trees, the prospects for the establishment of sawmills and of reaping the benefits of a developing forest sector and the use of the rivers for transport and for powering those mills and for the development of a commercial fishery and fish processing.

The story is not at all dissimilar from what took place elsewhere. If the attraction was slightly different, the result was, sadly, the same. The Nuu-chah-nulth, a nation whose population in the early 1800s is thought to have ranged in the neighbourhood of 7,000 to 8,000 people, were quickly decimated by the disease that European populations brought with them — the malaria, the smallpox — and ultimately by poverty. Through the 1800s and much of the 1900s those populations dwindled, within 50 years, down to 3,500.

By 1939, as the rest of the world was focused on the outbreak of hostilities half a world away, the Nuu- chah-nulth peoples were said to number from 1,500 to 1,600 — from less than a hundred years previously, when they were three or four times as populous. By 1963 populations had rebounded slightly to around 3,000. Today, happily , as we consider and, I hope, agree to ratify this final agreement with the Maa- nulth First Nations, the Nuu- chah-nulth Tribal Council identifies upwards of 8,000 members.

With all of the challenges, with all of the difficulties and with that abiding socioeconomic gap that we are in the process

9428 B RITISH COLUMBIA DEBATES T HURSDAY, NOVEMBER 22, 2007 of trying to address collec tively, there has been a remarkable recovery. That speaks volumes to a demographic reality that many in this House have spoken to in the past, which is that the fastest-growing demographic within our province and our country is today amongst our aborigi- nal peoples.

That provides them and us with a unique opportunity but also with some unique challenges, which I know we will turn our minds to and which I believe this final agreement helps us turn our minds to and address. [1520] As I prepared for the debate and familiarized myself in the past number of months with the Maa-nulth and the Nuu-chah-nulth, it's interesting to realize how some of the misunderstandings that have characterized our relationship through the better part of a century and a half began virtually at the time of first contact.

I don't know about other members, but when I went to school, elementary sch ool and high school, I was taught about the Nootka people. That was the term that teachers used when we were describing the west coast of British Columbia and the west coast of Vancouver Island. It was Capt. James Cook wh o first coined that phrase and apparently did so — the original misunderstanding, perhaps…. He was being given directions by the Nuu- chah-nulth at Kyuquot and he was told that his ship should come around or circle around.

The word nootka was part of the Nuu-chah-nulth phraseology, and he mistook that as indicating who these people were and labelled them in a way that stuck for 150 years until we realized that these were the Nuu-chah-nulth people, meaning "people all along the mountains." At last we are coming to understand that and under- stand that the Nuu-chah-nulth dialects are part of a lar- ger group called the Wakashan, which also includes the languages of the Oweekeno, the Haisla and the Heiltsuk.

It's interesting how, as we become more familiar with one another's cultures, we learn about how some of these communities are tied together — how they're linked by culture, by history and by language group. The Nuu-chah-nulth, of course, were and are con- summate mariners. They have very much a maritime tradition, a maritime culture — and again, fascinating to read and learn.

It helps to do that when one considers the special attachment that lingers, to this day, with the sea and with the resources of the sea, and some of the incredible early technologies that were developed by the Nuu- chah-nulth to harvest fish — to harvest salmon in the fall, to fish deep-sea halibut without the benefit of the tackle and the hooks and the steel — and all of the equipment that is very much a part of that process now, of course. They were sealers, and they were whalers — a history of whaling within the Nuu-chah-nulth, and a wealth of shellfish at home.

Even today — and some members in the chamber I think have had this opportunity — it's fascinating to go to some of these communities, the Maa-nulth commu- nities, and see the ongoing evidence of thousands of years of history and the physical evidence that remains on some of the islands and in some of the inlets where people lived, where communities existed, and to be able to see that evidence today. That history includes a history of self-government, self-governance.

I don't know that one can properly un- derstand or purport to understand how these final agreements have been structured, or understand the con- stitutions that the communities have passed in advance of ratifying the treaties themselves — the final agreements themselves — because all of the communities have ratified constitutions, as the final agreements contemplate. I don't think you can properly understand those things — the provisions of thos e agreements and those constitutions — without having appreciation for the notion of the ha'wilth or the tyee ha'wilth.

We saw some of that yesterday in that historic moment when five Maa-nulth First Nations came to the bar and, in the case of Chief Councillor Robert Dennis, brought the ha'wilth tyee . I might have that backwards — tyee ha'wilth — the head Hereditary Chief. [1525] That notion of the Hereditary Chief, I have learned, figures so prominently in who the Maa-nulth are and how they govern themselves.

The hereditary chiefs, leaders of their extended families, had responsibilities for the wel- fare and the well-being of not just their families but of the lands upon which those families were situated, with each family group headed by a ha'wilth associated with a stream, an inlet or a geographic feature. It provided a focal point. That focal point remains to this day and is embed- ded within this final agreement and the constitutions that have been passed as part of those agreements. The very names of the chiefs and the families help to identify where the people are from.

So in Kyuquot, the last syllable actually means "people of" — a particular part, a particular family or a particular territory — and that has survived. That has survived through literally thousands of years and, I suppose most importantly, through the century and a half, or two centuries, of concerted contact with European settlers. Those are the communities. I haven't done justice to the thousands of years of history, but perhaps it gives us a sense of some of the pillars of what those commu- nities represent and their histories.

Yesterday we were treated to an extraordinary opportunity to hear firsthand in this chamber from some extraordinary leaders. These are the chiefs that represent the Maa-nulth First Nations, and they are a combination today of elected chiefs and traditional hereditary chiefs or ha'wilth, as I said — or tyee ha'wilth for the head Hereditary Chief.

I want, in commending th is final agreement to the members — recognizing that I think that the members are inclined to be receptive and supportive of this agreement — to spend a moment paying tribute to the leaders that have toiled to make this final agreement a reality, and I will again begin with the Huu-ay-aht community and their Chief Councillor Robert Dennis. However, Chief Councillor Robert Dennis, I have learned, is a stickler for pointing out that he derives his

THURSDAY, NOVEMBER 22, 2007 B RITISH COLUMBIA DEBATES 9429 authority in part from an elected process but always from his tyee ha'wilth and the other hereditary chiefs. That's why yesterday, when he stood up, standing right beside him was tyee ha’wilth Spencer Peters. He had other hereditary chiefs with him: Derek Peters, Jeff Cook, Tom Mexsis Happynook — who, I should point out, has recently been elected as president of the Nuu-chah-nulth Tribal Council; we wish Tom Mexsis Happynook well — Darlene Nukamus, Bill Frank, Andrew Clapis, and Daniel Williams Jr.

These are all of the hereditary chiefs who assist him — Chief Councillor Robert Dennis would want to emphasize and did yesterday — and his council on a daily basis in charting a course for the Huu-ay-aht. Chief Robert Dennis, however, is himself a remark- able individual. He has led a revival of Huu-ay-aht culture. He is an unbridled enthusiast for the drumming and the singing. He is a poet. He is the composer of song and has an enthusiasm fo r that culture that is in many ways infectious.

He's also a political leader and has been involved in the Huu-ay-aht treaty team right from the outset and now to its conclusion — and will be, of course, through its implementation. [1530] There are many stories that I could tell about Chief Robert Dennis that are instructive as to how the Huu-ay- aht people feel about this treaty. The one that comes to mind for me, however, is the scenario, the situation, he described for me the last time I was in the Huu-ay-aht territory in Pachena Bay. He described what happened. We're in storm season again, about a year after the last storm season.

Last year, members may recall, there were some terrible windstorms that blew through. We saw pictures from up and down the west coast. We saw pictures of Stanley Park. Those same storms hit Pachena Bay and tore out some incredibly sized trees — snapped them off. They were strewn across the beac h, and the beach is a big part of their tourism initiative. People come there. It's a beautiful campground. The Chief said: "Well, we ran into all kinds of prob- lems." I said: "Yeah, I guess the storm." He said: "No, no. The storm we dealt with. We got the power on in a week." So they were without power.

He said: "The trees on the beach." I said: "Well, what about them? You probably had some firewood." He said: "No, the problem is this.

Under the Indian Act, we couldn't touch them." I said: "Huh?" He said: "No, under the Indian Act, we were precluded, without first getting permission from Ottawa, from removing those trees from the beach." I said: "We ll, that's crazy." He said: "Well, we thought it was crazy too, so we finally did it." In the grand scheme of things, that is maybe a small, insignificant anecdote about the frustrations that would have existed for a community living under the constraints of the Indian Act. He said to me, with a smile on his face: "That's what we want to move beyond.

That's what we mean when we say: 'Let's take control of our own destiny. Let's start to make some decisions for ourselves and be accountable for those decisions.'" I always think of that when I hear him talk about grabbing hold of destiny on behalf of the Huu-ay-aht. Tessie Smith is the Chie f for the Ka:'yu:'k't'h'- Che:k:tles7et'h'. She serves with her council and also with the assistance of hereditary chiefs who have been instrumental in the develo pment of the treaty and the ratification of the treaty.

They are tyee ha'wilth — Christina Cox for Ka:'yu:'k't'h' and Francis Gillette for Che:k:tles7et'h', this being an amalgam of two historic communities. Tess was actually born in Ceepeecee, British Columbia, and is one of eight children. She grew up on Aktis Island, and she's lived there most of her life. She went away to school for a period of time, but she returned at the age of 19. She has done virtually everything there is to do in the community of Ka:'yu:'k't'h'-Che:k:tles7et'h'. She's been a kindergarten teacher, a fishery technician, a fish guardian, a home care giver, a language inspector, a developer.

She's done it all, and throughout, she has been motivated by her belief that language, culture and history are a vital foundation to her community. She has pursued the preservation and promotion of that language, culture and histor y with a zeal and passion that is reflected in the words she uses when she speaks, as she did yesterday. [H. Bloy in the chair.] Her political involvement began in the early 1990s, when she was elected to council for four terms.

I don't know where she found the time, but somewhere along the way she managed to raise four of her own children, fostered a number of other children and now is the proud grandparent of four grandsons of her own. She said this as a reflection of the importance that the hereditary chiefs and the history continue to play in her community. "Our ha'wilth are important to our commu- nity, and we are proud of the fact that they will be part of our government." And indeed, they will be, because in the constitution that has been passed, they are going to play an active

part in the self-governance that this final agreement will ensure and make a reality. [1535] Yesterday members in this chamber got an oppor- tunity, as well, to become acquainted, if they weren't already, with the elder statesman of the Maa-nulth First Nations, and that is Bert Mack of the Toquaht Nation.

It is hard not to be impacted by the words, by the dignity, by the civ ility, by the patience of a man who has celebrated near ly seven decades as the Hereditary Chief of his co mmunity and 64 years of marriage, I think, to a woman who has stood by his side and helped him through many trying days, many difficult decisions. To see them both here celebrating this accomplish- ment and knowing the impact that he has had in help- ing this to become a reality — in the tutelage, in the mentorship that he has shown to so many younger leaders, always with grace, always with dignity, a l w a y s w i t h f a i r n e s s … .

W e s a w s o m e o f t h a t h e r e i n

9430 B RITISH COLUMBIA DEBATES T HURSDAY, NOVEMBER 22, 2007 this chamber — the charm — but not to be mistaken for anything other than an astuteness and always a focus on what was in the best interests of his community. He has pursued that with his wife Lillian, with his councillors, with the other elders and has also pursued…. You heard him speak in the Nuu-chah-nulth language here.

When I asked him: "What do you think of at a time like this, after a lifetime spent in pursuit of an objective?" Chief Bert Mack is inclined to say, without any hesitation: "I did what my father directed me to do when he handed ov er th e ch ie fd om t o m e 65 y ear s ag o . H e to ld m e to g o out and work towards getting a treaty for my people." Imagine that — 65 years on, to be able to stand before the Toquaht, to be able to stand before the members of this House, British Columbians and Canadians and say: "We've done it.

I'm satisfied with what we've accom- plished, and I'm convinced it's in the best interests of our people." To have seen that life's work become a reality must be incredibly satisfying for Chief Mack but also for a community that will reap the benefits. The Uchucklesaht. They ha ve been served by Chief Councillor Charlie Cootes for the better part of 25 years. His current ha'wilth includes Tom Rush, Chris Watts, Martin Sam. Chief Cootes was born in Po rt Alberni, the eldest of three sons, and resides in Uchucklesit Inlet. Imagine this. He was first appointed Chief in 1983.

He was sub- sequently elected to that position when the band moved to an elected system. He's also the president of the Maa-nulth First Nations treaty society. A lot of the credit for guiding the Maa-nulth First Nations through these difficult negotiations deserves to go to Chief Cootes. He has been tireless in his pursuit of a fair and equitable settlement with Canada and British Columbia. When he says, "The treaty addresses everything that we need to move ahead to attain self- determination," when he says, "We have the opportunity to move from a dream into a reality," he believes it.

He is convinced that this final agreement provides him and, more importantly, hi s community with the tools that they require to move forward. [1540] Final

Document details

Collection	British Columbia — Debates (Hansard)
Citation	H1122pm-03
Type	hansard
Volume / chapter	H1122pm 03
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7aac5c33ef74a10f0d5f99c67e60f230218cfdbe

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