British Columbia Hansard — Wednesday, March 13, 1974 — Afternoon Sitting (30th Parliament, 4th Session)
30p 04s 740313p
British Columbia — Debates (Hansard)
1974 Legislative Session: 4th Session, 30th Parliament
HANSARD
The following electronic version is for informational purposes
only.
The printed version remains the official version.
Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)
WEDNESDAY, MARCH 13, 1974
Afternoon Sitting
[ Page
1093 ]
CONTENTS
Routine proceedings
Transit Services Act (Bill 70). Hon. Mr. Lorimer.
Introduction and first reading — 1093
Department of Economic Development Act (Bill 71). Hon. Mr.
Lauk.
Introduction and first reading — 1093
An Act to Amend the Minimum Wage Act (Bill 76). Mr.
Cummings.
Introduction and first reading — 1093
Prejudgment Interest Act (Bill 66). Hon. Mr. Macdonald.
Introduction and first reading — 1093
Oral Questions
Bids for ferry construction greater than budget allocation.
Mr. D.A. Anderson — 1094
Involvement of Education Minister in appointment of SFU
president. Mr. Wallace — 1094
Reduction in Surrey School District construction budget. Mr. McClelland —
Authority to hire staff under Vancouver South Community Resource Board. Mr.
Gibson — 1095
Flood conditions on Fraser and Thompson Rivers. Mr. Curtis — 1095
Negotiations between RNABC and BCHA. Mrs. Jordan — 1095
Examinations of affidavits of Brunsdon et al by A-G's
department.
Mr. D.A. Anderson — 1095
Withholding of funds from Fraser Valley college. Mr. Schroeder —
Policy of preference for B.C. companies. Mr. Bennett — 1096
Meeting with B.C. and Yukon Chamber of Mines on Bill 31, Mr. Schroeder —
Agreement between Surrey and Lands department re farm
purchase.
Mr. McClelland — 1096
Land claims meeting with Union of B.C. Indian Chiefs.
Mr. Wallace — 1097
Agreement on DREE designation of northern regions.
Mr.
D.A. Anderson — 1097
Impasse between Elevator Constructors Union and companies. Mr. Curtis —
Tenants' meeting on housing crisis. Mr. Gibson — 1097
Committee of Supply: Department of the Attorney-General
estimates.
Mr. Bennett — 1098 Hon. Mr. Macdonald — 1104
Division — 1098 Mr. Bennett — 1104
Mr. Phillips— 1098 Hon. Mr. Macdonald — 1105
Mr. Gardom— 1100 Mr. Bennett — 1105
Hon. Mr. Macdonald — 1102 Mr. Morrison — 1106
Mr. Gardom — 1102 Mr. L.A. Williams — 1106
Hon. Mr. Macdonald — 1102 Mr. Phillips — 1109
Mr. D.A. Anderson — 1102 Hon. Mr. Macdonald — 1109
Hon. Mr. Macdonald — 1103 Mr. Phillips — 1109
Mr. Bennett — 1103 Mr. Wallace — 1110
Hon. Mr. Macdonald — 1103 Hon. Mr. Macdonald — 1111
Mr. Bennett — 1104 Mr. Gibson — 1111
Mr. Morrison — 1104 Hon. Mr. Macdonald — 1114
Mr. Bennett — 1104 Mr. Phillips — 1114
Hon. Mr. Macdonald — 1115 Mrs. Jordan — 1121
Mr. Phillips — 1116 Mr. Curtis — 1124
Hon. Mr. Macdonald — 1116 Division — 1125
Mr. Lewis — 1117 Mr. Curtis — 1125
Mr. Gardom — 1117 Mr. McClelland — 1126
Mr. Kelly — 1120 Hon. Mr. Macdonald — 1128
Hon. Mr. Macdonald — 1121 Mr. McClelland — 1129
Motions
Motion 13.
Mr. Phillips — 1129
Hon. Mr. Hall — 1130
Mr. D.A. Anderson — 1130
Mr. Speaker rules out of order — 1130
Hon. Mr. Hall — 1130
Mr. Speaker — 1130
Motion 16.
Withdrawal of Motion 16. Hon. Mrs. Dailly — 1131
Mr. D.A. Anderson — 1131
Mr. Speaker — 1131
Point of order
Request for Mr. Speaker's report on use of microphone
cut-off switch.
Mr. Chabot — 1131
Mr. Speaker — 1132
WEDNESDAY, MARCH 13, 1974
The House met at 2 p.m.
Prayers.
HON. W.S. KING (Minister of Labour): Mr. Speaker, we have on
the floor of the House today the new chairman of the Labour
Relations Board of British Columbia. He was formerly a
professor of law at Osgoode Hall in Ontario. I would ask the
House to welcome Mr. Paul Weiler.
HON. P.F. YOUNG (Minister of Consumer Services): Today I am
very happy to announce that we have visiting us the B'nai Brith
women of Vancouver. With them is Mrs. Iris Krasner, president
of the B'nai Brith women, district 4. Mrs. Krasner is from Los
Angeles. I would like to also say that Mrs. Esther Giesbrecht
of Vancouver has organized this tour, and I would ask the House
to welcome the B'nai Brith ladies and our American
visitors.
HON. A.B. MACDONALD (Attorney-General): Mr. Speaker, I'd
like to welcome more students from that great high school of
Gladstone, close to beautiful downtown Vancouver, to the
Legislature with two teachers, Ms. Kinney, and Mrs.
MacIvor.
MR. C. LIDEN (Delta): Mr. Speaker, I have a very special
guest in the gallery this afternoon from Carmacks, Yukon
Territory: my uncle Louis Liden, who I'd like everybody to
welcome.
HON. L. NICOLSON (Minister of Housing): Mr. Speaker I would
like to ask the House to join me in welcoming Alderman Hank
Coleman, who is also chairman of the Central Kootenay Regional
District. He is with us today with a large contingent from the
Central Kootenay Regional District.
Introduction of bills.
TRANSIT SERVICES ACT
Hon. Mr. Lorimer presents a message from His Honour the
Lieutenant-Governor: a bill intituled Transit Services
Act .
Bill 70 introduced, read a first time and ordered to be
placed on orders of the day for reading at the next sitting of
the House after today.
DEPARTMENT OF ECONOMIC
DEVELOPMENT ACT
Hon. Mr. Lauk presents a message from His Honour the
Lieutenant-Governor: a bill intituled
Department of Economic Development Act .
Bill 71 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 AMEND
THE MINIMUM WAGE ACT
On a motion by Mr. Cummings, Bill 76,
An Act to Amend the
Minimum Wage Act , 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.
MR. D.M. PHILLIPS (South Peace River): Mr. Speaker, I rise
on a point of personal privilege.
MR. SPEAKER: I wonder if the Hon. Member would be seated at
this time. We're still on introduction of bills.
PREJUDGMENT INTEREST ACT
Hon. Mr. Macdonald presents a message from His Honour the
Lieutenant-Governor: a bill intituled Prejudgment Interest
Act .
Bill 66 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.
MR. PHILLIPS: Mr. Speaker, on a point of personal
privilege.
MR. SPEAKER: You mean a point of privilege.
MR. PHILLIPS: A point of personal privilege.
MR. SPEAKER: No, there is no such thing.
MR. PHILLIPS: All right, a point of privilege.
Standing in the name of the Hon. Deputy Premier (Hon. Mrs.
Dailly) is motion 16 on the order paper. I feel, Mr. Speaker,
that this motion that is on the order paper — that has been on
the order paper for over two weeks now — is in essence an
accusation of me being guilty of contempt of the Legislature,
which in actuality is an accusation of guilt of contempt of the
highest court in the land.
This accusation of guilt has been hanging over my head for
some two weeks now, Mr. Speaker, and I feel that the mover of
this motion should have it discussed and indeed the committee
should be formed or my motion 13, which was put on the order
paper prior to motion 16 should indeed be discussed — today is
private Members' day. By leaving this motion on the order paper
and not acting upon it, this is an accusation of guilt and I
certainly feel that
[ Page
1094 ]
the House should move to either condemn me or clear my
name.
HON. D. BARRETT (Premier): Today is private Members' day,
and if we follow the normal orders of the day I'm sure that
there'll be an opportunity to get to those matters under
private Members' day. I ask the House to go on with orders of
the day as our agenda spells out.
MR. SPEAKER: I can't deal with the question of privilege
because there really is not a question of privilege under our
rules. (Laughter.) Order, please!
I point out to the Hon. Member that if he does not feel
satisfied with the fact that the rules do not make provision
for any expedition of his plea, the other alternative he can
follow, which I would recommend to the Hon. Member, is that if
motions are not called he ask leave of the House to have the
rules suspended so the matter may be dealt with. But at this
time I suggest to the Hon. Member, in view of the statement by
the House Leader, that we proceed with orders of the day.
MR. D.E. SMITH (North Peace River): Mr. Speaker, as you
know, the orders of the day suggest that we now discuss
Committee of Supply, and that that takes precedence over all
other business in this House unless otherwise ordered.
It would appear to me, when we're discussing a department as
important as the Attorney-General's estimates, that what the
Premier has suggested is that if we refrain from debating the
Minister's estimates and pass them in a very quick manner, then
he will be prepared to go on to private Members' business as
the next order of business. If that is not correct, then I
think the Premier should make abundantly clear to this House
whether he intends to discuss estimates and the matter of
supply in this House during the total period that will take
place between now and 6 p.m., or whether he will move another
order of business.
MR. SPEAKER: Order, please! I think we have to wait for the
orders of the day to be announced before we know under our
rules. It's a little early to be complaining about that at this
stage, apparently.
Oral questions.
BIDS FOR FERRY CONSTRUCTION
GREATER THAN BUDGET ALLOCATION
MR. D.A. ANDERSON (Victoria): Mr. Speaker, in light of the fact that
the lowest bid received by the government from B.C. shipyards for the new ferries
are higher than the amount set aside in the budget for these vessels, may I
ask the Minister of Finance whether additional funds will be made available
or whether, indeed, it is his intention to request bids from foreign yards?
HON. MR. BARRETT: Mr. Speaker, I have not had the
opportunity of discussing this matter with the Minister
concerned yet.
INVOLVEMENT OF EDUCATION MINISTER
IN APPOINTMENT OF SFU PRESIDENT
MR. G.S. WALLACE (Oak Bay): Mr. Speaker, could I ask the
Minister of Education whether or not she has been in any way
involved with the Board of Governors of Simon Fraser University
regarding the reputed prospect of employing a new president
with a financial commitment which might reach $1 million?
HON. E.E. DAILLY (Minister of Education): No, I have
not.
MR. WALLACE: A supplemental question, Mr. Speaker: has the
Minister any information to give the House regarding this very
disturbing news to the taxpayers of British Columbia that it is
a potential settlement?
MR. SPEAKER: Order, please! I think the Hon. Member must
know that the control over appointments to the administration
in that sense of the university, under the Universities Act,
is not within the competence of this Minister nor within
her jurisdiction. Therefore the question would be out of
order.
REDUCTION IN SURREY
SCHOOL DISTRICT CONSTRUCTION BUDGET
MR. R.H. McCLELLAND (Langley): Mr. Speaker, my question is
to the Education Minister as well. I'd like to ask her if it's
true that her department has cut $20 million from the $26
million five-year construction budget for Surrey School
District.
HON. MRS. DAILLY: No, that is not correct. At the moment the
officials in my department are doing as they do with all school
boards. They have met, and I believe are still meeting, with
the Surrey board. They may have completed their meetings from
their end. As a matter of fact, I was talking with my officials
this morning about this, and I will be getting the full report
from then on what they consider should be approved, as is
always done. Then if the school board is not satisfied, they
always have a right to appeal to me as Minister.
MR. McCLELLAND: Supplementary, Mr. Speaker. I'm glad you
cleared that up because the
[ Page
1095 ]
press reports say that there was $20 million cut out of that
$26 million. I'd like to ask as a supplementary, Mr. Speaker,
whether or not, as a general rule, the Education department is
preparing budgets, because of the declining birth rate in many
areas, for lower population increases in the next five years.
If you are, that doesn't relate to fast-growing areas like
Surrey, Langley and Abbotsford.
HON. MRS. DAILLY: Naturally we look at our enrolment
projections. They are done by our own department officials, the
school board involved does their set of projections and then
the two of them come together to see if we can come to an
agreement on what we consider are the accurate projection
figures. I understand that at the moment the source of
disagreement is on those enrolment projections. So I will be
meeting with the Surrey School Board to discuss this in the
future.
AUTHORITY TO HIRE STAFF UNDER
VANCOUVER SOUTH COMMUNITY
RESOURCE BOARD
MR. G.F. GIBSON (North Vancouver–Capilano): Mr. Speaker I
have a question to the Minister of Human Resources. In view of
the report this morning of an apparent misunderstanding between
the Vancouver South Community Resource Board and the Minister
as to who will have the power to hire staff, would the Minister
clarify whether he's retaining this power or whether he's
delegating it to the Vancouver South board?
HON. N. LEVI (Minister of Human Resources): Could I take
this as notice? I only saw the report in the paper myself. I'll
take it as notice.
FLOOD CONDITIONS ON
FRASER AND THOMPSON RIVERS
MR. H.A. CURTIS (Saanich and the Islands): Mr. Speaker, to
the Minister of Lands, Forests and Water Resources: in view of
the snow level data presented in the most recent issue of the
"Snow Survey Bulletin," does an above-normal flood
hazard appear to exist in the upper, middle and lower Fraser
River areas and the Thompson basin?
HON. R.A. WILLIAMS (Minister of Lands, Forests and Water Resources):
I take that as notice.
NEGOTIATIONS BETWEEN
RNABC AND BCHA
MRS. P.J. JORDAN (North Okanagan): I'd like to address my
question to the Hon. Minister of Health.
In view of the current situation between the RNABC and the
B.C. Hospitals Association, could the Minister advise us if
they are, in fact, negotiating at this time?
HON. D.G. COCKE (Minister of Health): Mr. Speaker, I
understand that there are no direct negotiations going on at
this time.
EXAMINATION OF AFFIDAVITS OF
BRUNSDON ET AL BY A-G'S DEPARTMENT
MR. D.A. ANDERSON: Mr. Speaker, a question to the
Attorney-General: may I ask him whether he's instructed the law
officers of the Crown to examine the affidavits of Messrs.
Brunsdon, Unger, McAninch and Stafford to determine whether
there's a prima facie case of breach of the orders-of-council
established pursuant to the Natural Products Marketing
(British Columbia) Act?
HON. MR. MACDONALD: Mr. Speaker, I haven't been requested by
anybody to examine these affidavits with a view to prosecuting
somebody on the ground that they made a false statement and
made that statement willfully. If the Hon. Member wants to make
that complaint to me I wish he would do so and take the
responsibility for making it, and I will then have it checked
by the officers of the Crown. At the moment I see no reason to,
because it relates, as I said, in a rather vague manner to
something that happened quite a long time ago.
MR. D.A. ANDERSON: Mr. Speaker, a supplementary question:
may I take it from the Minister's reply that he has not
requested the law officers of the Crown to look into the
veracity of these affidavits?
MR. SPEAKER: I think the answer was already given and that's
rhetorical.
MR. D.A. ANDERSON: I must apologize, Mr. Speaker. I didn't
understand him to say that he had not instructed them to do so
or that he had instructed them to do so.
MR. SPEAKER: I believe he answered it quite explicitly.
MR. D.A. ANDERSON: A supplementary, then: may I take as
correct the understanding that he did not instruct the law
officers of the Crown to examine these affidavits?
MR. SPEAKER: I'm sorry; it's not a question.
HON. MR. MACDONALD: It's in Hansard .
[ Page 1096 ]
WITHHOLDING OF FUNDS FROM
FRASER VALLEY COLLEGE
MR. H.W. SCHROEDER (Chilliwack): My question is for the
Minister of Education. In light of the policy which has been
established in the Fraser Valley regarding capital expenditures
for a college, how does the Minister defend the $9 million-plus
expenditure for colleges in the Nanaimo area?
HON. MRS. DAILLY: I don't see that there's any problem in
relating the two, Mr. Member. Malaspina has embarked on their
core campus facility. We said that we would encourage the
development of core campuses, and the $9 million was for the
basic core campus facility. In answer to your question the
other day, I simply stated that if we want to see some
post-secondary services in the Fraser Valley as soon as
possible, we probably will have to start in temporary
buildings.
POLICY OF PREFERENCE
FOR BC COMPANIES
MR. W.R. BENNETT (Leader of the Opposition): My question,
Mr. Speaker, is to the Minister of Finance. I've been trying to
get an answer before from the Minister of Transport and
Communications dealing with purchasing for ICBC.
I would like to know if the government has a policy of
preference for British Columbia companies on tender, and what
that policy is.
HON. MR. BARRETT: Mr. Speaker, the policy is that we do have
preference for B.C. firms, and the general rule is up to 5 per
cent differential.
MR. BENNETT: A supplementary, Mr. Speaker: in the case where
you bring a question to the attention of a Minister where a
tender has been let that is less than this percentage and
hasn't been acted upon, what recourse does the public have in
making sure this...?
MR. SPEAKER: I think that's asking a hypothetical
question.
HON. MR. BARRETT: I suggest you write the Minister concerned
about the specific area that you're concerned about.
MEETING WITH B.C. AND YUKON
CHAMBER OF MINES ON BILL 31
MR. SMITH: My question is to the Hon. Minister of Mines and
Petroleum Resources....
AN HON. MEMBER: Hey, Leo!
MR. SMITH: Leo, wake up! The question is: is it correct that
the Hon. Minister of Mines and Petroleum Resources will meet
with representatives of the British Columbia and Yukon Chamber
of Mines tomorrow to discuss the ramifications of Bill 31?
HON. L.T. NIMSICK (Minister of Mines and Petroleum Resources): A delegation
from the Yukon Chamber of Mines is meeting with the cabinet tomorrow.
MR. SMITH: A supplemental question: will the Hon. Minister
be at that cabinet meeting?
HON. MR. NIMSICK: Unless you waylay me and kidnap me or
something else I'll be there.
MR. SMITH: One further supplemental question to the
Minister: I have no intentions of waylaying the Minister from
such an important meeting, but if it's possible to meet with
the representatives of the B.C.-Yukon Chamber of Mines
tomorrow, why was it not possible for you to be at their
meeting on Monday?
MR. SPEAKER: Order, please. I don't think that is a proper
question.
HON. MR. NIMSICK: I answered that question last week. I said
that it was a breach of the House to discuss the question over
there when I should be discussing it here on second
reading.
AGREEMENT BETWEEN SURREY AND
LANDS DEPARTMENT RE FARM PURCHASE
MR. McCLELLAND: To the Minister of Lands, Forests and Water
Resources: would the Minister comment on whether or not his
executive assistant, Mr. Pearson, and the municipality of
Surrey have reached an agreement with respect to a certain
marina on the Nicomekl River in relation to the purchase of a
farm in Surrey? If so, was that agreement broken?
HON. R.A. WILLIAMS: No, I'm not aware of any agreement per
se, Mr. Speaker.
MR. McCLELLAND: A supplementary, Mr. Speaker: would the
Minister check into it and find out if such an agreement was
made? Surrey is now accusing the provincial government of
stabbing it in the back with relation to that agreement.
HON. R.A. WILLIAMS: I'm sorry — would you repeat that
again?
MR. McCLELLAND: I wanted to know whether
[ Page 1097 ]
the Minister would check with his department and find out
what the facts are, because they're being accused of breaking
the agreement.
HON. R.A. WILLIAMS: I have done so, Mr. Speaker, and I am
satisfied regarding the matter.
LAND CLAIMS MEETING WITH
UNION OF B.C. INDIAN CHIEFS
MR. WALLACE: Mr. Speaker, the Premier took as notice a
question which is rather important to the Union of B.C. Indian
Chiefs as to whether he received a letter on March 1 and a
Telex on March 8 requesting a meeting to discuss land
claims.
HON. MR. BARRETT: That was referred to the Minister of Human
Resources' (Hon. Mr. Levi'
s) office and is on the agenda for
discussion tomorrow, Mr. Member.
AGREEMENT ON DREE
DESIGNATION OF NORTHERN REGIONS
MR. D.A. ANDERSON: To the Premier, Mr. Speaker: may I ask
him if an agreement with the federal government has been signed
regarding DREE designation of northern regions of the
province?
HON. MR. BARRETT: No, Mr. Member. We're still
negotiating.
MR. D.A. ANDERSON: Mr. Speaker, to the Premier again: may I
ask when it will be possible to have this agreement signed? I
understand there is no further impediment in negotiations.
HON. MR. BARRETT: As soon as we finish our negotiations.
IMPASSE BETWEEN ELEVATOR
CONSTRUCTORS UNION AND COMPANIES
MR. CURTIS: Mr. Speaker, I've forgotten the question.
MR. SPEAKER: Please be seated. (Laughter.)
MR. CURTIS: To the Minister of Labour: have the Minister or
his department been involved in recent days with respect to the
continuing difficulties between the Elevator Constructors Union
and elevator companies which are established in British
Columbia?
HON. MR. KING: Mr. Speaker, I know of no particular
difficulties at this time. I have been kept abreast of the
arbitration which has been going on in Ontario. I have had reports from both the elevator industry
and the trade union involved on a regular basis. But I know of
no particular problem at the moment.
MR. CURTIS: A supplemental, Mr. Speaker. Is the Minister
satisfied that most elevator constructors then are working in
the province today? There is certainly work waiting for them.
Are most of them employed?
HON. MR. KING: Certainly as far as I know, they are. I would
prefer not to anticipate any problems.
TENANTS' MEETING ON HOUSING CRISIS
MR. GIBSON: A question to the Minister of Housing, Mr.
Speaker: in view of the lack of an emergency debate on this
subject, and in view of a mass rally of tenants this Sunday to
hear suggestions and make plans urging government action to
improve the general housing situation, can the Minister advise
the House if he will be attending that meeting?
HON. MR. NICOLSON: No, I will not be attending that meeting.
I have a previous engagement.
MR. J.R. CHABOT (Columbia River): A question to the Minister
of Mines and Petroleum Resources: I wonder if he could tell the
House what steps he has taken since coming to office 18 months
ago to promote mining and mining development in British
Columbia.
MR. SPEAKER: I think that really is a subject of an essay,
or a very large return.
AN HON. MEMBER: A very short one.
MR. SPEAKER: Or a very short one — I don't know. But it
certainly doesn't sound like the right one for question
period.
MR. CHABOT: I'll ask him a short one then. Would the
Minister tell me whether he's the Minister of the promotion of
mining for British Columbia or the Minister against mining in
British Columbia? All you've got to do is shake your head.
MR. SPEAKER: Again, that was ironical.
Orders of the day.
The House in Committee of Supply; Mr. Dent in the chair.
ESTIMATES: DEPARTMENT OF
THE ATTORNEY-GENERAL
(continued)
[ Page 1098 ]
On vote 11: Attorney-General's office, $79,652.
MR. W.R. BENNETT (Leader of the Opposition): Mr. Chairman,
so that we can proceed to private Members' day and proceed with
the motions at hand, I move the committee rise and report
progress and ask leave to sit again.
Motion negatived on the following division:
YEAS — 16
Chabot
Bennett
Smith
Jordan
Fraser
Phillips
Richter
McClelland
Morrison
Schroeder
Anderson, D.A.
Williams, L.A.
Gardom
Gibson
Wallace
Curtis
NAYS — 30
Hall
Macdonald
Barrett
Dailly
Nimsick
Hartley
Calder
Brown
Sanford
D'Arcy
Cummings
Levi
Lorimer
Williams, R.A.
Cocke
King
Lea
Young
Lauk
Nicolson
Skelly
Gabelmann
Lockstead
Gorst
Rolston
Barnes
Steves
Kelly
Webster
Liden
MR. J.R. CHABOT (Columbia River): Mr. Chairman, when
reporting to the House, would you please tell the Speaker that
a division took place in committee, and ask for recording in
the Journals of the House?
On vote 11.
MR. D.M. PHILLIPS (South Peace River): Today we are
discussing the estimates for the administration of the chief
law officer, enforcement officer, in the Province of British
Columbia. It would seem to me, Mr. Chairman, that if justice in
British Columbia is indeed going to be done, and carried out....
AN HON. MEMBER: And appear to be done.
MR. PHILLIPS: Yes, as the Member says, and appear to be
done, on behalf of all of the persons in British Columbia, then
I think the place that it should start should be in the highest
court in the land, which is this Legislature.
It would appear to me, and regrettably I have to say so, at
the present time justice is not being done in this
Legislature.
HON. D.G. COCKE (Minister of Health): Well, you're still
here.
AN HON. MEMBER: Be careful, now. Watch it.
MR. PHILLIPS: Now, Mr. Chairman, if the Minister of Health
feels that my being here is an injustice, which he evidently
does, and evidently other members of the cabinet feel that,
they have the duty and the responsibility to see that, indeed,
justice is done.
I am here, Mr. Chairman...
HON. W.S. KING (Minister of Labour): Some people will do
that in the next election.
MR. PHILLIPS: ...to see that justice is done for the
taxpayers of British Columbia. That is why, sometime ago, when
allegations were made outside of this Legislature....
MR. CHAIRMAN: Order, please.
MR. CHABOT: On what point?
MR. CHAIRMAN: Would the Hon. Member continue, please.
MR. PHILLIPS: When allegations were made outside of this
Legislature with regard to certain financial dealings on the
part of this government, it was my duty as a Member of this
Legislature to bring those facts into this Legislature because
it has been pointed out to me many, many times that the
Legislature is not aware of what goes on outside the
Legislature unless it is discussed within these walls.
As I stated, Mr. Chairman, justice must be done in British
Columbia to all the people of British Columbia, and justice
must start here in this chamber. I ask that the allegations
made outside this chamber be checked into in order that the
good name of the government could either be cleared....
MR. CHAIRMAN: Order, please. I would draw to the attention
of the Hon. Member that there are two motions on the order
paper covering the subject matter which you are now raising,
and therefore I would rule any further discussion of this
matter out of order.
MR. PHILLIPS: Well, Mr. Chairman, as I stated, I'm
discussing justice. Justice not only to Members of this
Legislature, but justice to all of the taxpayers and all of the
residents of this great Province of British Columbia.
And if justice is not going to be carried out within these
four walls....
[ Page 1099 ]
MR. CHAIRMAN: Order, please. I would ask the Hon. Member if
he is referring to the allegations contained in the motion
standing in the name of the Hon. Deputy Premier (Hon. Mrs.
Dailly).
MR. PHILLIPS: Mr. Chairman, you are anticipating my speech.
I am talking about justice under the estimates of the Minister
of justice.
MR. CHAIRMAN: Order, please. I would ask the Hon. Member not
to refer to the subject matter contained in the two motions;
but he may proceed if he does not refer to the subject matter
contained in those two motions — the motions standing in the
name of the Hon. Member for South Peace River and the Hon.
Member for Burnaby-North.
MR. PHILLIPS: Mr. Chairman, we heard a lengthy discussion
yesterday afternoon in this chamber by the Attorney-General, or
Minister of justice, as you will call him, about persons being
convicted of a criminal offence or
an act against the Crown, or
an act against society. He discussed the conditions under which
these people have to be housed while waiting for their trial.
Sometimes that period of time is very lengthy.
You know, I feel like one of those people today, waiting to
come to trial. And the Attorney-General, outside in the real
world, wants to correct this situation.
Mr. Chairman, do you not feel that whether it is out there
or in here, when there is an accusation of guilt, that the
person has the right to be brought to a speedy trial?
AN HON. MEMBER: Hear, hear!
MR. PHILLIPS: Because as I said, Mr. Chairman, justice must
not only be done, but it must appear to be done. This, being
the highest court in the land....
AN HON. MEMBER: The voice of the people.
MR. PHILLIPS: The voice of the people, the representatives
of the people. This, indeed, is where it all must start.
If this Legislature is indeed to be the judge and the jury
and set the rules for all the people of British Columbia, they
should set the example. When justice is delayed, justice is
denied.
AN HON. MEMBER: Hear, hear!
MR. PHILLIPS: Mr. Chairman, had I been called into the
Premier's office and threatened, as indeed other people in this
province have been...
MR. CHAIRMAN: Order, please.
MR. PHILLIPS: ...would that indeed be justice?
MR. CHAIRMAN: Order, please! Would the Hon. Minister of
Health (Hon. Mr. Cocke) state his point of order?
HON. MR. COCKE: Mr. Chairman, on a point of order, yesterday
there was frivolity over there on other accounts outside of the
Attorney-General's department, and then again today. It seems
to me that we should be getting on with the business of the
House so that other matters can be discussed. But that Member
refuses to discuss the Attorney-General's department. He is
discussing other business that should be discussed at other
times before this House.
Interjections.
MR. CHAIRMAN: The point of order is well taken. If the Hon.
Member is in fact considering the subject matter of the two
motions....
MR. D.E. SMITH (North Peace River): Mr. Chairman.
MR. CHAIRMAN: Order, please! I would ask the Hon. Member.... Order, please!
MR. SMITH: Point of order.
MR. CHAIRMAN: Would the Hon. Member for North Peace River be
seated until I have made my point? The point of order of the
Minister of Health is well taken if, in fact, the Hon. Member
for South Peace River is discussing a matter which is covered
by motions on the order paper. I would ask the Hon. Member for
South Peace River if he would indicate to the Chair whether
he's discussing anything that's contained in the subject matter
of these two motions. Yes or no? Would the Hon. Member please
reply to the Chair?
MR. SMITH: Point of order.
MR. CHAIRMAN: Order, please! The Chair is attempting to
rectify another point of order. When I have finished, then I
will recognize the Hon. Member for North Peace River. The Hon.
Member for South Peace River, I've asked you whether what you
are discussing is that which is contained in the motion
standing in the name of the Minister of Education, or the
Member for Burnaby North, containing certain points affecting
the Member for South Peace River.
MR. PHILLIPS: When a Member of this Legislature is fighting
for the very rights of British justice under the Department of
the
[ Page 1100 ]
Attorney-General ...
MR. CHAIRMAN: Order, please! I just want a simple....
MR. PHILLIPS: ...and is called frivolous by the Minister of
Health...I think that whole government considers justice as
frivolous. I can take no other attitude.
MR. CHAIRMAN: Order, please! The Hon. Member for North Peace
River on his point of order.
MR. SMITH: Mr. Chairman, the Hon. Minister of Health is
imputing motives that you or no one in this House can impute
fairly at this particular time. I respect your line of
reasoning that if the Member is referring to certain events,
and if the Member is going to refer to motions which are on the
order paper, then he could be ruled out of order. But for
goodness' sake be fair in this House and allow the Member to
make his point as long as he stays in order, according to the
rules of this House, without interference from the cabinet
benches.
MR. CHAIRMAN: Order, please! I have not ruled the Hon.
Member for South Peace River out of order, providing that his
remarks are directly relevant to the administrative
responsibility of the Attorney-General and are not part of the
substance of the two contained on the order paper.
MR. PHILLIPS: So as not to abuse the privileges of this
House, I certainly accept your comments. What I'm talking
about, Mr. Chairman, is not the motions that are on the order
paper. What I am talking about is the conflict of interest that
indeed is within the government itself — conflict of interest
whereby this government becomes the judge, the jury, the
accuser and the accused all at once.
In a very self-righteous mood in a recent session this
government stated that it would bring in
an Act known as the
Public Disclosures Act ...
AN HON. MEMBER: It will. Right on.
MR. PHILLIPS: ...so that every Member who runs for a public
office, regardless of what that public office in British
Columbia is, must disclose all of his business.
What the taxpayers of British Columbia want to know, and
want to see this government do, Mr. Chairman, is for this
government to disclose their actions to the light of day. They
want to see if, indeed, there is any conflict of interest
within the government itself.
AN HON. MEMBER: Let a little sunshine in.
MR. PHILLIPS: Mr. Chairman, it is the duty and the
responsibility of the Minister of justice, or the
Attorney-General, to see that this action is carried out — to
see that rules and regulations are brought into this government
at this session of the Legislature to ensure that some of the
dealings that have allegedly gone on in the past do not occur
again. It is his responsibility as the chief law officer in
this province to bring in those rules and regulations.
Mr. Chairman, how can the taxpayers of this province feel
that they are receiving true value and justice for their tax
dollars when they don't know what is going on in the financial
circles, when there are questions raised as to certain doubts
about certain financial dealings? These are questions, Mr.
Chairman, that must be answered.
There must be regulations brought into this Legislature to
ensure that some of the occurrences of the past will not happen
in the future. Mr. Chairman, I ask the Attorney-General to
stand in his place in this Legislature today to tell the people
of British Columbia what his intentions are in this the biggest
question facing British Columbia today.
These questions have to be answered. As one Member said,"We
need to let the sunshine in." If the people of British Columbia
are going to feel that right is being done by them, then it is
the duty of the chief law officer to explain to them what his
intentions are in this regard.
MR. G.B. GARDOM (Vancouver–Point Grey): Mr. Chairman, I
asked the Hon. Attorney-General a number of questions last
night. I didn't receive any answers to the questions, so I find
that I'm going to have...
Interjection.
MR. GARDOM: ...to, with the greatest regret, repeat some of
them.
No, I was here, Mr. Member, at all times.
Society, in order to exist, Mr. Chairman, has got to live by
the rule of law; we all know that without that there's not any
order and not any consistency. We just get chaos, uncertainty
and a return to an exercise of primitive strength. But that
does not mean, Mr. Chairman, that the laws that are outmoded
and that are not of general public acceptance for the peace,
order and general weal of society? It does not mean that those
laws should not be changed.
They shouldn't be changed, Mr. Chairman, just for the sake
of change, but for the sake of publicly desired and publicly
needful improvement.
Until that time, Mr. Chairman — and this is the substance of
my remarks on this point — until that time, the law that we
have should be followed and it should be enforced, and that's
the test of any good law. Is it clear, is it concise, is it
certain, and is it
[ Page 1101 ]
capable of being enforced? Surely that's got to be the basic
framework and the basic philosophy in which we have to live by,
because anything less, Mr. Chairman, can only bring
uncertainty, contempt of the law, contempt of the judicial
process, and contempt of those whose responsibility it is to
administer the law.
That, Mr. Chairman, is what has happened with the Natural
Products Marketing (British Columbia) Act and the
regulations issuing there from, and specifically dealing with
the Egg Marketing Board. We have seen a contemptuous situation
develop.
MR. CHAIRMAN: Order, please! I would ask the Hon. Member
whether he is proposing legislative change.
MR. GARDOM: No, I'm not proposing legislative change. If you
just bear with me a moment or two, Mr. Chairman, you'll find
out exactly what I am proposing.
MR. CHAIRMAN: Would the Hon. Member continue?
MR. GARDOM: Thank you very much. I asked, and I'm going to
ask again to the Attorney-General, who is the chief law
enforcement officer of the province and the person who has the
highest degree of responsibility of any Member of the
government and, indeed, of any Member of this Legislative Assembly — to
see that the laws of the province are enforced and carried
out.
I ask him again: was the $21,000 levy against Mr. Kovachich
in accordance with the provisions of the Natural Products
Marketing (British Columbia) Act and its regulations? Was
it? — and if it was not, how not?
If it was in order, Mr. Chairman, I would ask the Hon.
Attorney-General how a politically imposed reduction to $7,500
was authorized. In what manner was that authorized?
MR. CHAIRMAN: Order, please!
MR. GARDOM: Was that authorized under the law of the
Province of British Columbia in which the Hon. Attorney-General
has a duty to enforce, or was it not authorized under the
existing law of the Province of British Columbia?
If it was not authorized under the law of British Columbia,
the Attorney-General has a very, very serious matter on his
hands and we have to have some action on it.
I am asking him, Mr. Chairman — and you will appreciate the wisdom of the
question I am sure: was that activity entered into ultra vires the Natural
Products Marketing (British Columbia) Act and its regulations and ultra vires
as far as the board?
MR. CHAIRMAN: Order, please. I would ask the Hon. Member if
he is asking the Attorney-General Hon. Mr. Macdonald) for a legal opinion?
MR. GARDOM: I am asking the Attorney-General if he is
enforcing the law of the province. I have a perfect right to do
it and I will do it until hell freezes over if I have to. Has
the Attorney-General been asked by anyone that the aspect I am
talking about be explored? Should it not be explored? I would
put that question to him.
Now you will see the basis for these earlier questions, Mr.
Chairman, and I appreciate your concern as to whether or not I
am on the point. Is it not a fact, Mr. Attorney-General, that
other egg producers in the Province of British Columbia have refused
and are now refusing to pay the levies of the egg board until
they can receive assurances that this Kovachich activity was an
isolated incident and will not be repeated?
How many producers in the Province of B.C. have refused to pay their levies today under the egg board? How
many are in arrears? How much is at stake? What steps are being
taken against them? Is the law of the province being enforced,
Mr. Attorney-General, or is it not? Are these people going to
receive preferential treatment? If so, on what basis?
Are they going to get the written assurances from the
government, from yourself, Mr. Attorney-General, from the
Minister of Agriculture (Hon. Mr. Stupich), or from the Hon.
Premier? Are they entitled? Do you take the position that they
are entitled to assurances?
According to the material that is on oath and filed and is a
matter of record in this House, which the Hon. Attorney-General
says he has read and studied, according to this affidavit of
Mr. Brunsdon's, the Premier informed the board that if other
producers got out of line, they were to be stepped on. Has the
Attorney-General instructed the Egg Marketing Board to start
stepping on the people who are not paying their levies?
MR. CHAIRMAN: Order, please. I would ask the Hon. Member if
he would indicate to the committee in what way this matter is
under the administrative responsibility of the
Attorney-General?
MR. GARDOM: Well, yes. I am quite happy to do that, Mr.
Chairman. The administrative responsibility of the
Attorney-General of the Province of British Columbia is to see
that the laws of this province are enforced. This is why this
Kovachich procedure has become so serious: it was done beyond
the rule of law. Government by godfather.
Look at the consequences that have emanated
[ Page 1102 ]
from it. Are these other people not paying? Are they asking
for this special kind of consideration? Do they, Mr.
Attorney-General, have legal entitlement to such consideration?
And, Mr. Attorney-General, are you or are you not administering
and enforcing the law of the province insofar as it relates to
this specific problem? We've got to have some answers. We
expect to receive those answers from you as soon as
possible.
There are other topics I would like to discuss but this is
one that perhaps the Attorney-General would like to respond
to.
HON. A.B. MACDONALD (Attorney-General): I think this is
answered expeditiously. The egg board has its own lawyer, or
certainly did at this time. The other party had a lawyer. I
think there was more than one party. They made a settlement of
a contested claim.
MR. GARDOM: A settlement has to be according to law, though,
doesn't it?
HON. MR. MACDONALD: Well, I don't know. Now, if the egg
board lawyer is having trouble in enforcing levies or fines in
the Fraser Valley, the north, the south, the east, I would
presume he would seek a court test — if they chose to go that
way. That's the kind of decision that should be left to the
board.
Nobody has approached me. The lawyer advising the egg board
hasn't approached my department and said, "Give us an opinion."
I presume he doesn't need my opinion because I can't say how a
court test would go in any particular situation. That's for the
courts. They are free to take a court test if they want to have
their powers defined and clarified, by all means.
MR. GARDOM: Just a short response to the point made by the
Hon. Attorney-General. I think he would agree that any kind of
a settlement would have to be according to the law. When you
have a body such as an egg board constituted by a statute, it
can only settle within the terms of the authority given to it
by the statute. I don't know, and I would suggest to you, Mr.
Attorney-General, that you are far from clear as to whether or
not it would have the statutory right to compromise. I suggest
to you that it did not at all.
Now, secondly, I take it from your answer that you have not
received any personal information that there are people today
in default. Is that correct?
HON. MR. MACDONALD: Yes, Mr. Chairman. Not being under my department,
I don't have records of that kind. But your remarks, I am sure, are enshrined
in Hansard ; they will be available both to the board and to the lawyer for the
board. I am sure they are taking legal advice.
Your suggestion is that they don't have power to settle a
contested claim of this kind. Well, I can't answer yes or no on
that because that might be something that should be tested in
court. I'm sure what you have said will be conveyed to them,
and perhaps they have already picked up the gist of what you
are saying.
MR. D.A. ANDERSON (Victoria): Further to the point raised,
Mr. Chairman, there is no question that the lawyers for the
board and the lawyers for Kovachich have been in touch with one
another. That's not a point in dispute.
HON. MR. COCKE: How about Samsom?
MR. D.A. ANDERSON: The question raised is that four
affidavits have been filed in the Legislature and there is a
requirement upon the first law office of the Crown, quite
independent of his position in the cabinet.
Indeed, until quite recently, the first law officer of the
Crown, the Attorney-General, didn't sit in the British cabinet
because he was responsible, independently of the cabinet, for
enforcing the laws of the land. That is why, as I said, until
1940 I believe it was in Britain, the first law officer of the
Crown was not a cabinet minister, was not a man in the same
position as other cabinet ministers. This is why, indeed, he
still is not in the same position. He does not take direction
from his colleagues as to whether laws will be enforced; it is
his individual and personal responsibility as the chief law
officer of the Crown to enforce the law. It is not something
upon which he is subordinate to the Premier of the province, to
the Lieutenant-Governor of the province, or to any other
person. He holds that commission as first law officer of the
Crown and it is up to him to enforce it.
We have situations which have been brought up on the floor
of this House, which have been sworn by affidavit and which
indicate that the law of the land has been deliberately
flouted.
The question I asked earlier in question period which was
not answered adequately was whether or not he had taken steps
to investigate breaches of the law brought to his attention by
affidavits filed in this Legislature. I would like to repeat
some of those questions at this stage.
Did he instruct any of the subordinate law officers of the
Crown to look into the question of the accuracy or otherwise of
these affidavits which would constitute, as I believe was said
outside the House by members of the cabinet, libel on the
Premier were they false?
I would like to know whether he has instructed any of his
officials to look into this matter and whether they have
reported back to him?
[ Page 1103 ]
HON. MR. MACDONALD: Mr. Chairman, I thought I answered that
already. Libel would be a private matter. If there is a
suggestion of a breach....
MR. D.A. ANDERSON: Criminal libel.
HON. MR. MACDONALD: Criminal libel is not really in the
cards at all. That's a very special kind of libel. Libel is
ordinarily just a private matter between citizens that I
wouldn't interfere with.
In terms of the affidavits, I have gone through this many
times. Nobody has come to me and said there's a prima facie
case that somebody has committed perjury. Nobody has made a
complaint and said there are reasonable and probable grounds to
believe somebody has committed a crime in this case. If the
Hon. Member comes to me with that evidence and that kind of a
complaint, of course we will assess it like everything else in
the department under the normal administration of justice.
MR. D.A. ANDERSON: My question, however, has not been
answered. The question was whether or not he has instructed
members of his department to look into this.
HON. MR. MACDONALD: No. On the basis of what I said, the
answer is no.
MR. BENNETT: The whole question, starting yesterday and
raised by the Hon. Member for North Peace River (Mr. Smith) in
relationship to this government and the conflict of interest
they would have in providing justice, especially when there was
a conflict with their own department operating in the private
sector, is under question.
I asked him yesterday whether the Attorney-General took
any steps to investigate the claims made last year in respect
to Plateau Mills. At that time there were serious allegations
against the Minister of Lands, Forests and Water Resources
(Hon. R.A. Williams) for intimidation and deceit. They were
contained not only in the newspapers but in a letter to the
Premier of the province.
I want to find out on what basis the Attorney-General does
initiate action of a probe or an inquiry and on what sort of
information. Just the other day we had the Attorney-General
start an investigation on the basis of an
article in a
Vancouver newspaper to do with the real estate business.
Presumably an
article in a newspaper is more important to
investigate than an accusation against a Minister of the Crown
or one of his colleagues in the cabinet.
Last year we had this letter to the Premier from the Sinco
Holdings, who are dealing with Plateau Mills, in which they
charged:
"We believe that the Minister has withheld information in
order to compete unfairly with us and has used intimidation of
government power to gain control of the company...with an
attitude from the Minister which has been deceitful."
Now, those are serious allegations. There was no action,
admittedly, by the Attorney-General to instigate a probe. Yet
the other day in this Legislature he mentioned that he
instigated a probe of the real estate business just from a
Vancouver newspaper article.
I would go back to this question, which has always been
before this Legislature, and comments made by no less an
authority than the Hon. Gordon Dowding in 1956, when he was
speaking in connection with investigations:
"Gordon Dowding (CCF-Burnaby), said it seemed strange to him
that on the basis of a newspaper
article the Vancouver police
investigation was launched, but that on the other hand he took
no action when he had a body of evidence to investigate."
This was to do with the Sommers case.
I think we have some precedent on how the Attorney-General
conducts probes or independent investigations. In the light of
the allegations lately about stock companies and about leaks in
cabinet to do with the mining royalties — and allegations have
been made that those royalties were leaked — I would like to
find out if on those important matters the Attorney-General has
launched a probe or called for a public inquiry and, if not,
why not when he, on the basis of one newspaper article, will
launch a probe into the real estate business.
MR. CHAIRMAN: Order, please. I would point out to the Hon.
Member that a remedy has been suggested to the Leader of the
Opposition, and therefore I feel he should confine his remarks
to further administrative matters under the Attorney-General's
department.
HON. MR. MACDONALD: Mr. Chairman, the Hon. Leader of the
Opposition is mistaken that I launched a probe in the real
estate field because of a newspaper article. I didn't say that
and I didn't do it. I think you're referring to the Fulbrook
investigation in Vancouver. Information came to the
superintendent of insurance which indicated there might have
been infractions, and he began an investigation. The newspaper
publicity came much later than that.
In terms of Plateau, I don't know anything about Plateau,
but if the Hon. Member or any Hon. Member has any body of
evidence — less than a body of evidence, any complaint — that
suggests there's been a breach of corporate, security or
criminal law, I wish
[ Page 1104 ]
they'd lay it before me, because it'll be assessed and
investigated and everybody will be treated alike in this
province, whether they're government, little fellows, MLAs,
businessmen or labour leaders.
If you have something, I'll be glad if you make that
complaint — send it to my office.
MR. BENNETT: Mr. Chairman, this isn't a court of law. I'm
here to make representation when I feel the Attorney-General
hasn't done his job. This was a letter sent to the Premier of
which I have a copy. Now, presumably you consult with the
Premier.
HON. MR. MACDONALD: Not on this thing. Not on Plateau Mills.
Never discuss it.
MR. BENNETT: You mean he doesn't take you into his
confidence because the charge happens to be made against a
member of the department of government.
MR. CHAIRMAN: Order, please.
MR. BENNETT: I said it didn't have to be a charge. It has to
be that a matter of public business is brought up.
MR. CHAIRMAN: Order, please. I would point out to the Hon.
Member that a remedy has been suggested to the Leader of the
Opposition, and therefore I feel he should confine his remarks
to further administrative matters under the Attorney-General's
department.
MR. BENNETT: Mr. Chairman, I have been trying to find out on
what basis and how much evidence it takes for the
Attorney-General to instigate an investigation in this province
into any allegation, not by an MLA but by a private citizen
when it deals with the government or a department of government
or a Minister of government, and whether it's left to his
discretion, and whether that discretion can be open to
political influence. That's what I want to find out.
HON. MR. MACDONALD: Politics will not enter into it, but a
complaint of breach of law should be brought to my attention as
Attorney-General. If it is a prima facie case that warrants
investigation, it'll certainly be investigated.
MR. N.R. MORRISON (Victoria): I find the Attorney-General's
reasoning a little bit strange when yesterday he had informed
the House that he had taken steps to have Dunhill sales checked
out through the VSE. Now, on what grounds does he choose to do
that while on the other he refuses?
HON. MR. MACDONALD: Mr. Chairman, one Hon. Member in this House, and also a radio programme, made
pretty specific allegations that there'd been government leaks
which had led to insider trading in Dunhill and some people had
enriched themselves. If that were the case, there'd certainly
be breach of law, and I felt, based upon that, that there's a
prima facie case to investigate.
This Plateau thing I've never seen before, but if it's sent
to me and it makes a case of that kind, of course we'll look at
it.
MR. BENNETT: Mr. Chairman, the Attorney-General said he'd
launch an investigation of Columbia Cellulose shares. That was
brought up in the same allegation. Do you pick and choose?
HON. MR. MACDONALD: Mr. Chairman, Columbia Cellulose is a
very large company. In connection with the two companies, I
asked the Securities Commission to look at both situations. But
in the Columbia Cellulose case, which led to the formation of
Can-Cel, I don't remember any names of particular share
purchases where somebody said there was a leak. There was no
evidence of that kind presented.
It's a very large company and a great deal of trading went
on and has gone on with that company for a long time. The
government purchase was handled by reputable lawyers. The stock
exchange, because of the large trading that takes place both
here and in eastern Canada, suspended the sale of the shares in
Columbia Cellulose at what I presume to be the traditional,
appropriate time. Nothing has been presented to me that would
indicate anything is amiss there.
Now, somebody has said it was an unusual pattern of trading,
but that alone is not really.... You know, it could be the
pulp market, which was undoubtedly increasing at that time. It
could be a number of things. There are fluctuations in all
share holdings. But nobody has come to me and said with any
kind of....
MR. CHAIRMAN: Order, please. I would point out that any
discussion of the matter of insider trading is out of order
under several points. First of all, there's a motion on the
order paper in the name of the Hon. Member for South Peace
River (Mr. Phillips) on the whole subject of insider trading.
Also Dunhill is before the courts, and there's also another
motion on some of the same points. Would the Hon. Leader of the
Opposition continue?
MR. BENNETT: Yes, Mr. Chairman. The Attorney-General made it
most specific — I just want to refer to this briefly and then
go on — during that speech that this wasn't a court of law and
that if there were charges they should be placed there. But
[ Page 1105 ]
it's the MLAs' obligation and the government's obligation,
where an opportunity exists for something wrong, to create an
investigation. The suggestion was made outside this House and
inside this House that in both cases, and particularly in the
former one we were talking about where there was a much larger
amount of shares, this pattern for this did exist, the
situation existed where this could happen, and you had an
obligation if you were going to act on one to act on the
other.
It's beyond the authority of an ordinary citizen to collect
evidence for the Crown to place before it. In this instance
where the situation exists it's the duty of the
Attorney-General to order such an investigation. That's what
we're talking about.
Mr. Chairman, through the Attorney-General, we were talking
about the suspension of trading. That's another matter I want
to discuss with the Attorney-General, because he said trading
was suspended at the appropriate time. Well, I don't believe it
was. I believe that the other day in Newfoundland we had an
occasion where the government was dealing with Brinco, and they
suspended trading the instant they opened negotiations to
purchase the stock — not after they'd reached an understanding,
not three months later, not when they'd reached an
understanding, not when they were about to make the
announcement formal, but when they instigated discussions.
HON. MR. COCKE: How do you know?
MR. BENNETT: That's what they announced in the papers.
HON. MR. COCKE: So did we. What's the matter with you?
MR. CHAIRMAN: Order, please. I would ask the Hon. Leader of
the Opposition if he's discussing the whole subject of insider....
Interjection.
MR. BENNETT: It is not!
HON. MR. COCKE: It is so!
MR. CHAIRMAN: Order, please! Would the Hon. Member address
the Chair only?
MR. BENNETT: Which Member? (Laughter.)
MR. CHAIRMAN: The Hon. Leader of the Opposition. I was making a point
to the Hon. Leader of the Opposition. I was asking him whether or not he was
discussing the whole subject of insider trading. If he is discussing this, I
would rule him out of order on the grounds that this is subject matter covered
by a motion on the order paper set for future discussion.
MR. BENNETT: I accept your ruling, Mr. Chairman. I was
discussing the procedures this government will use in the
future and on what formula and what set of rules the
Attorney-General will apply for future purchases or adventures
into the stock market. I think there is some confusion in this
area and I think it should be spelled out.
HON. MR. MACDONALD: Mr. Chairman, without a specific case I
could say something about that.
MR. BENNETT: I'm talking about companies that may be
presently thought about being taken over or some you haven't
even thought of yet, because I am sure that's your policy.
I think in light of this new adventure into the stock market
that is unusual for governments, you should have a
clearly-defined policy which protects the public interest. That
is what the whole discussion has been about.
HON. MR. MACDONALD: Mr. Chairman, without trespassing on
your ruling in discussing these past cases that are the subject
of a resolution, I may say that the question of what's called
"timely disclosure" is something being actively debated by
security administrators throughout Canada. While we have
interim reports, the matter is still under consideration.
You may recall that in general terms — and I think I've said
this — we in British Columbia, I think, are leading Canada in
our new company and security legislation in terms of insider
trading. That came in last year.
But nevertheless, there is the question as to the timing of
disclosure during a period of negotiations. It's reported to me
that the administrators of the Uniformity of Legislation
Act of the provinces who meet to discuss legislation of
this kind are unanimous that the simple act of entering into
negotiations to purchase shares is not sufficient by itself to
justify a cease-trading order. Each case has to be decided on
its own merits.
Nevertheless, this is a matter of importance. You can
include government and even talk about private business by
itself as well. At what point should the stock exchange suspend
trading to give forewarning to people that there might be some
alteration in the structure of the company? It is something we
are actively concerned with. We will be sending our
representatives to the further talks on that question, and I'm
sure they will be taking place this year.
MR. BENNETT: The point I'm making is that there should be a
different rule when governments are
[ Page 1106 ]
involved because they specifically have more power and deal
in a different manner than the normal dealings between two
companies. Because British Columbia is unique in the amount of
activity in taking over companies, having discussions with
other provinces isn't going to be of interest to them. They are
not in this airy financial arena. You should be developing
rules for British Columbia.
Because this is under discussion of financial dealings that
have gone on in the past and may be going on now, we need a
clear-cut policy from the Attorney-General as to how he will
set up rules that apply to the government. It is a different
ball game than the suspension of stock of two private companies
because we have more people involved in these discussions when
government is involved.
HON. MR. MACDONALD: That point is something that should be
considered. Increasingly, governments not only in British
Columbia but elsewhere will be taking an equity position.
Nevertheless, I am not sure that we should treat government
differently from a large corporation in this respect. Suppose M
& B were taking over a smaller company; that would be
massive power exercised with respect to relatively few
shareholdings in that company. The propriety and the timely
disclosure in that case really raises the same kind of
principles that should be applied if government were
involved.
I'm not knocking the point. You've raised a valid point;
government intervention should receive special consideration.
We've noted that, and it will receive special consideration in
these talks.
MR. BENNETT: A further expansion on this. The government,
particularly when it is taking over companies in which it
controls their licences and their right to cut, has a far
different role to play both as the administration of the rules
and the person who is taking them over. They have the right and
the clout to force them to sell. That is not the voluntary sale
between two willing buyers and sellers. You now have the
government which can force a sale. It has to have different
rules. It has different muscle; it controls their economic
future.
HON. MR. MACDONALD: It happens that the gentleman, Dennis
Sheppard, who will be representing us at the further talks
which begin in 10 days is listening to this debate. I'm sure
your suggestions will not be lost upon him.
Well, I'm not sure which province these ones will take place
in. Montreal. La belle province .
MR. BENNETT: Just one further suggestion then. I think this consultant
would probably recommend to the Attorney-General that a full investigation of
those deals that have gone on would be a good basis for providing rules for
the future, a good way to start and find out the areas that have been missed,
the areas that are under discussion and the areas that are of concern to the
public so this won't happen again.
If the Attorney-General won't take our advice, perhaps he
will take his adviser's advice.
MR. MORRISON: I would also like to remind the
Attorney-General that a couple of days ago he advised us that
he would tell us when suspension of trading did take place in
those two cases. We have not yet had an answer to that.
He says the new companies are treated the same, but I notice
that every new provincial company that the Legislature has
control of which we incorporate is specifically excluded from
the Companies Act . We have this new bill presented to us
today, and in it,
section 11 (7), page 5, says the Companies
Act does not apply to this company. It doesn't apply to
Ocean Falls, and it doesn't apply to Can-Cel, and it probably
won't apply to the future companies.
HON. MR. MACDONALD: But the government owns all the shares....
MR. MORRISON: On the one hand you are telling us that you
are responsible and on the other you take the responsibility
right out of it.
AN HON. MEMBER: It's irresponsible.
MR. MORRISON: It's irresponsible, very irresponsible.
MR. CHAIRMAN: Order, please. With regard to the first
question, I would rule the question out of order because it
does deal with matters covered by the motions on the order
paper.
MR. MORRISON: He agreed to give me the answer; he said he
would answer it.
HON. MR. MACDONALD: Dunhill: January 10; Col-Cel: March 30.
Dunhill in 1974 and the last year for Col-Cel.
MR. L.A. WILLIAMS (West Vancouver–Howe Sound): I'm pleased
the Hon. Attorney-General has agreed that this is a matter of
very serious importance for him and his department. I'm also
pleased that Mr. Sheppard is going to listen very carefully to
what is said and take the thoughts from this House to his
meeting in Montreal.
But I wonder if the Attorney-General would indicate how long
in British Columbia we will need to await the results of these
deliberations so that situations such as those mentioned by the
Member
[ Page 1107 ]
for South Okanagan (Mr. Bennett) today can't go unnoticed in
the Province of British Columbia.
The Attorney-General yesterday, when dealing with this same
subject, said that this government is very conscious of the
kinds of dangers that can creep into big business whether or
not the government has an interest in it. I think it is very
proper of the Attorney-General to take cognizance of this.
When you look at what has developed in the past 18 months,
we find that the government is now intimately engaged in the
corporate fields of oil and gas, coal, generation and
transmission and sale of electric power, railways....
HON. MR. MACDONALD: Alfalfa cubes.
MR. L.A. WILLIAMS: ...alfalfa cubes...
AN HON. MEMBER: Poultry processing.
MR. L.A. WILLIAMS: ...poultry processing, pulp and paper
industry, the lumber industry, insurance industry,
transportation systems, communication systems, television and
radio broadcasting, newspapers, transit systems.
The impact that decisions of government and actions of
individual members of government can have upon our entire
society is increasing by leaps and bounds under this
government. To suggest that the Associate Deputy
Attorney-General (Mr. Sheppard) is going to consider these
things at some conference makes me wonder.
I remember in past sessions legislation was brought in. Good
ideas. Mr. R.A. Williams, who is now the Hon. Minister of
Lands, Forests and Water Resources, in 1970 brought in
an Act
regarding conflicts of interest. It is interesting to note the
point of view taken by the Minister at that time:
"Whereas the people have a right to expect from their
elected and appointed representatives at all levels of
government assurances of the utmost in integrity, honesty, and
fairness in their public duties;
"And
whereas the people further have the right to be assured
to the fullest extent possible that the private financial
dealings of their governmental representatives and of
candidates for their offices present no conflict of interest
between the public trust and private gain."
Then he followed
with proposals to prevent conflict of interests of that
kind.
The Hon. Attorney-General suggested to the Leader of the Opposition: "When
you find out the facts, present a case to me. If it breaks the law, we'll take
action." But the Attorney-General well knows the difficulty of a private citizen,
of a Member of this House, to ferret out the dealings that take place, particularly
when we have this vast array of enterprises which the government is involved
in.
What did another distinguished Member of the opposition say
in 1972? Mr. Macdonald presented
An Act to Provide for
Public Scrutiny .
"Whereas the Government of British Columbia demands that
light should be allowed to shine on the conduct of public
business so that it may be executed without favouritism or
political bias and in accordance with the highest standards of
public morality...." Therefore we were to enact what was
called the "Sunshine Law of 1972."
"All boards and commissions deriving powers and duties under
this provincial legislation shall be affected.
"All municipal and regional councils, committees and boards,
the Lieutenant-Governor-in-Council when deciding appeals or
awards, shall conduct their business at meetings open to the
public at all times and shall make their records,
correspondence, decisions, and awards open to inspection by
interested persons at reasonable times and places."
Proud words, strong words, important words. More important
now, when we have this vast array of enterprises in which the
government is involved, than ever before.
And yet, Mr. Chairman, what does the Attorney-General leave
with us now? Just as he said yesterday when questions were
raised as to what the government might do in a very specific
case and he said,
If the government were to contrive to depress the price of
shares of a company in order to buy cheap, and then tout up
those shares at a later date, it would be guilty of improper
conduct, just as much as if it were done by a big company
seeking to take over a little company. It does happen out in
the business world. At least we're subject to the scrutiny of a
Legislature. It certainly would be improper; it hasn't taken
place and it shouldn't take place.
I thank the Attorney-General for his assurance that it
hasn't taken place. I agree with him that it shouldn't take
place. But then the Leader of the Opposition across the floor
said "What recourse is there?" The Attorney-General said:
The Legislature primarily, I suppose, which is more than you
can say...except that I think it's also an offence under
securities legislation....
A lot of it goes on in the business-world jungle, and if
that kind of thing were being perpetrated by government because
they had an interest in a business, I'm sure that the complaint
would, and should, be heard here in the Legislature.
Mr. Chairman, what an empty promise the Hon.
Attorney-General offers to us and to the people of British
Columbia. Try it here in the Legislature, under our rules,
where the Chairman can close debate if we transgress against
some motion that is placed on the order paper, where the House
Leader, the Premier of
[ Page 1108 ]
the province, can close debate at any time he wishes, can
choose the business which we are to discuss, where the Premier
of the province can stand in the House and give his version of
a conversation, and, even when it's plain that he lied, no
separate, independent tribunal is constructed to determine
where the truth might be.
Is this the kind of assurance you offer to us and to the
people of British Columbia to resolve the conflicts of interest
spoken of by the Hon. Minister of Lands, Forests and Water
Resources (Hon. R.A. Williams) in his conflict of interest
proposals of 1970? Is this where we are?
When it comes right down to it, Mr. Chairman, when Members
of this House take strong positions with respect to issues of
this kind and they are reported in the press, are we to be
subjected, as members of the press have been subjected, to
vile, foul-mouthed, guttersnipe language from the Premier of
this province as occurred to a lady member of the press gallery
in this building yesterday?
AN HON. MEMBER: Ah, come on.
MR. L.A. WILLIAMS: Not once, not twice, but three times;
verbally assaulted by the Premier with a four-letter word that
should never have been used.
HON. MR. MACDONALD: Mr. Chairman, this is my vote, not the
Premier's. The Premier is not here to answer, even if it was
his vote.
MR. L.A. WILLIAMS: He hasn't been here since he mouthed the
word either.
HON. MR. MACDONALD: I know, but this is really the kind of
accusation that is made, even in the absence of the Member,
that kind of brings this House into disrepute.
MR. D.A. ANDERSON: Oh, this House is in disrepute after the
last two weeks.
MR. CHAIRMAN: Order, please!
MR. L.A. WILLIAMS: Well, I've made my point.
MR. CHAIRMAN: Will the Hon. Member confine his remarks to
the vote.
MR. L.A. WILLIAMS: Mr. Chairman, the Hon. Attorney-General has made
his point and made it very well. We are left with the rules in this House as
the only way of protecting the citizens of the province against the improper
actions of government and the members of government. When you do so, you're
faced with rules that deny you the right to debate. And when there is fair comment
upon what takes place, you get foul, vile, guttersnipe criticism in the corridors
of this building.
MR. CHAIRMAN: Order, please! Order!
MR. L.A. WILLIAMS: Four-letter words used by the Premier of
this province.
MR. CHAIRMAN: Order! Order, please! We are considering the
estimates of the....
HON. MR. MACDONALD: That's disgraceful to do that.
MR. L.A. WILLIAMS: Have the Premier come back. Let him say
fuddle-duddle on the floor of this House as he did to a lady
member in the corridor.
MR. CHAIRMAN: Order! I would ask the Hon. Member....
HON. MR. MACDONALD: At least the Premier has had loyalty to
his own colleagues and his own party and to the people who
elected him, and you have not, Mr. Member. You've been carrying
on secret talks behind the backs of your electors.
MR. CHAIRMAN: Order, please!
HON. MR. MACDONALD: What a loyalty! Let's talk about
integrity for a minute.
MR. CHAIRMAN: Order, please!
HON. MR. MACDONALD: What about loyalty? Is that a human
quality that is worth anything?
SOME HON. MEMBERS: No, no!
MR. D.A. ANDERSON: You don't do it as well as the Minister
of Highways. Try it again some other time.
Interjections.
MR. CHAIRMAN: Order, please! I would draw to the attention
of the Hon. Attorney-General that it is not permitted to
interrupt the speaker when he is speaking on the floor.
I would ask the Hon. Member to continue and I would ask him
not to refer to this matter again, but rather to confine his
remarks to the administrative responsibilities of the
Attorney-General and his actions.
MR. L.A. WILLIAMS: Yes, Mr. Chairman, that I shall do to the
best of my ability.
I ask the Attorney-General again if all he is
[ Page 1109 ]
promising to us in this Legislature and to the people of
British Columbia with respect to conflict of interest is the
opportunity to ferret out the details on our own without the
opportunity of examining into records of all the companies this
government is involved in, without any access to their records,
Crown corporations or not, and then present to the Hon.
Attorney-General a prima facie case of guilt? Has he no
investigative powers? Why don't we have in this province now
the kind of legislation the Hon. Minister of Lands, Forests and
Water Resources (Hon. R.A. Williams) and the Attorney-General
spoke so bravely of when they were in opposition? If we did, we
wouldn't have to be asking these questions today.
Plateau Mills is only one of the problems that exists in
this province and this government's administration. How do we
know what's going on in the Insurance Corporation of British
Columbia? What kind of deals are being made?
HON. MR. MACDONALD: Well, you don't know so make some
innuendoes, eh?
MR. L.A. WILLIAMS: I'm not going to make any innuendoes at
all. When are you going to give us the opportunity for close,
careful scrutiny of the conduct of business by those Crown
agencies which this government has established? That's what
conflict of interest means.
When are we going to stop one Minister from being in the
position of interfering with the activities of another? Are you
going to bring in legislation, Mr. Attorney-General? Are you
going to deal with these things at long last or are we to be
left with the same old fruitless search we have been on year
after year after year and which occurred when you were in
opposition and which encouraged you to bring in the kind of
private Member's bill that you did? When are we going to hear
from the Attorney-General, the chief law officer of the Crown,
to make certain that the government administration in the
Province of British Columbia is carried on in accordance with
law and the highest standards of integrity and morality?
MR. PHILLIPS: I certainly want to support the words of the
speaker who just took his seat. It seems to me that every time
you get close to bringing some light in, you're attacked like
the Member was attacked on the floor of this Legislature by the
Attorney-General.
Mr. Attorney-General, you suggested that Members of this
Legislature go out, be a private investigator....
HON. MR. MACDONALD: No, I started an investigation on
Dunhill based upon very flimsy information which was almost
totally false. But I did it anyway.
MR. PHILLIPS: Mr. Attorney-General, the fact that...
HON. MR. MACDONALD: There's no information there.
MR. PHILLIPS: ...in January of 1973 there were 294,000 shares
of Can-Cel traded, does that not provoke you into carrying out
an investigation? One only inside-trader certificate filed in
three months with over one million shares traded.
MR. CHAIRMAN: Order, please! I've ruled that the Hon. Member
may not discuss any matter which is covered by motions on the
order paper. He may discuss it in general terms but not
referring specifically to actions of the past.
MR. BENNETT: Point of order. The Attorney-General has said
no information was filed on Columbia Cellulose, so it can't be
part of motion 13. Is that right?
MR. CHAIRMAN: Order, please. The motion in the name of the
Hon. Member for South Peace River, who is on his feet, states:
"...to investigate the possibility that unreported 'insider
positions' have been a characteristic of government initiatives
related to purchases of shares trading on the open market." No
particular action is specified. However, it would appear to
apply to all actions of the government of this nature in the
past. Therefore I would rule that he may not discuss or refer
to any of these matters in the past. Discuss the matter in
general terms only.
MR. BENNETT: On a point of order, Mr. Chairman, do you mean
that any discussion of any possibility with any company
anywhere cannot be discussed in this House?
MR. CHAIRMAN: The point of the motion on the order paper is
to set aside some time in the future to discuss this whole
matter. Therefore there is no point in discussing it now if the
motion is there for that purpose; otherwise they should take
the motion off the order paper.
MR. PHILLIPS: Mr. Chairman, my first remarks to you this
afternoon were that we were discussing the chief law
enforcement officer's estimates. I said that if justice is not
performed in this chamber, how is justice going to seem to be
done outside of this chamber?
AN HON. MEMBER: It's going to be a long day.
MR. PHILLIPS: It's very easy for any government, as soon as
a subject rears its head in this Legislature,
[ Page 1110 ]
to bring in a motion so that the subject matter cannot be
discussed. It would appear to me, Mr. Chairman, that that is
exactly what has happened in this Legislature over the past two
weeks.
MR. CHAIRMAN: Order, please! The motion in question is of
the broadest character. Therefore it excludes most discussion
of the one standing in the name of the Hon. Member for South
Peace River.
MR. PHILLIPS: Mr. Chairman, the Attorney-General says that
he wants to see that the rights of British Columbians are
protected and that the government's dealings in the marketplace
are carried on in a manner that will leave no doubt. Now I ask
the Attorney-General: in view of the unusual stock trading
pattern in Columbia Cellulose, will he conduct an
investigation?
HON. MR. MACDONALD: I'd love to reply, but that's the
subject of the motion, isn't it? So it's a little
difficult.
MR. CHAIRMAN: The point of order is well taken. The request
is out of order, inasmuch as it is covered by the motion. Both
the question and the answer would be out of order.
MR. G.S. WALLACE (Oak Bay): I think the Attorney-General has
to recognize something which he's either chosen to overlook or
is not aware of. I think it is the former. One cannot look upon
the government as being any normal business competitor.
I know it is the ideology of this government to buy into and
to take over various private corporations, and we're given the
line: "Why should not government be able to buy into the
private sector?" The answer is very simple. The government has
all the power, all the authority — all kinds of authority and
power — which no other competitor in the business sector of
this province can hope to have. Therefore for government to get
in and compete and to start buying out companies or taking over
companies or acquiring equity in companies is like being in a
ball game where you're one of the competitors but you also
happen to be the referee.
If we have situations where the government does, indeed, decide to acquire
in part or in whole any company, there are various avenues open to the government
because of the power and the authority vested in the government as a very unique
participant in the business place. I quoted I think in the House already this
session the example of one of the corporations that had to be taken over, or
the government had to acquire at least 90 per cent of the shares so that it
would not pay federal income tax. Is this not an unfair advantage over other
competitors in the marketplace? This being so, is this not a clear example of
this unique kind of power which government has as a partner in corporations
or as the takeover agent in corporations? It seems to me that the point is being
lost entirely.
I've no wish to intrude on legislation before this House,
but one could quite realistically say that government has the
power and authority through legislation to depress the value of
shares, corporations, private companies or industries such as
the mining industry.
Interjection.
MR. WALLACE: I haven't got a nickel in the stock market my
friend, you'll be very interested to hear, other than my
pension plan, I suppose, over which I have no control. I don't
play the market.
Mr. Chairman, this is not an aspect of this whole question
of honour and integrity that can be lightly discarded. The fact
is that government, by the tremendous power — namely its
legitimate power to legislate — can in fact depress the value
of shares or the value of companies or corporations and then
presumably be in the ideological position of saying: "Well, the
mining industry is not exploring, or the petroleum industry is
not looking for natural gas or oil, or this, or that — we'll
have to take it over." So they've got the private sector coming
and going. They can criticize them if they don't continue
expansion or exploration, but on the other hand they can
provide themselves with justification for state ownership by
actions which the government itself initiated.
To be more specific, I certainly do agree with the
sentiments that have been expressed. I object to government
getting into these situations in the first place whereby they
participate in private corporations or take them over and then
move the goal posts so that they have an unfair advantage. I've
tried to make that plain.
AN HON. MEMBER: We differ in ideology.
MR. WALLACE: Yes. Now, supposing I accept that as the
legitimate government you at least have every right to pursue
that path of buying equity or taking over various corporations,
I would agree with the sentiments expressed earlier on many
occasions in this House that the government, and the
Attorney-General in particular, has a tremendous responsibility
to ensure, as far as within his office it can be possible to
ensure, that no inside or confidential information available
only to the parties concerned in the potential bargaining or in
the actual negotiating going on can be used for the illegal and
unjust benefit of individuals or groups of individuals. The
Minister has said: "Well, at what point in time would it seem
right?" He talked about "timely intervention" or "timely
disclosure."
[ Page 1111 ]
Interjection.
MR. WALLACE: Well, I would suggest just as a simple layman
in this matter that the time that something has happened to
stop trading is the point of decision at which the government
decides to move. On the very first day that this government or
any government decides to even enter into discussion with
Dunhill or any other corporation, in my view, the simple answer
to the dilemma is that the trading of the shares should be
suspended at that very initial point, not only to avoid insider
trading but to protect you, Mr. Attorney-General. If the
trading had been suspended the first day the move was made, you
wouldn't be in the mess you're in right now. You wouldn't be
accused of these things, rightly or wrongly.
HON. MR. MACDONALD: Mr. Member, we're not in a mess.
MR. WALLACE: Well, I withdrew the unkind expression that
you're in a mess. Let me say that you would not be subjected to
the accusations, and perhaps we would be saving a lot of time
in this House.
Interjection.
MR. WALLACE: Well, maybe you're right, Mr. Interjector from
Little Mountain (Mr. Cummings). We would always find something
to discuss because that's the function of opposition, in case
you haven't discovered it yet. You're sitting there in the
House just interjecting and making lots of comments, but the fact
is that the function of the opposition is to point out to the
people of British Columbia some of the dangers of big
government that's trying to take over the private sector in
this province. We have a very important function here, and if there wasn't this
element of that function, there would be others – of
course there would.
Mr. Attorney-General, I say that even from your own point of
view of self-interest as an Attorney-General, and in the
interest of your own party, it would be wise to have this kind
of protection for yourself, never mind for the people of
British Columbia.
The fact is that as soon as government makes one move to
enter into negotiations for the possible acquisition of equity
in a company, I suggest that surely it is quite obvious that
that is the point at which trading should be suspended.
There are other aspects to this which the Member for Saanich
(Mr. Curtis) introduced in the form of a private bill — the
whole question of disclosure, which I think goes a little
beyond the point we're now debating. I listened to the Member
for West Vancouver–Howe Sound (Mr. L.A. Williams), quoting the strong
and fine principles which were espoused by the NDP when they
were in opposition, and I fully support them.
I hope that perhaps the Attorney-General can tell us this
afternoon that that very legislation will be introduced later
this session. He introduced a bill last year, and let it die on
the order paper, dealing with disclosures. I hope that in the
meantime sufficient information and modification has occurred
that we can look forward to that bill this session.
Both the Minister and his Deputy are nodding furiously. I
hope I can take that as affirmation of the fact that we will
get that bill.
Finally, Mr. Chairman, I do feel that while many of the
decisions you have to make are certainly clearly outlined for
you in the standing orders, it does seem to me that if we are
all honourable men as we claim to be in this House.... The
Member for Victoria says, "Don't be ridiculous." But we must at
least strive after this kind of honourable respect. If this is
the case, I do agree entirely with the Member for South Peace
River (Mr. Phillips) that as a result of concern over inside
trading, an action which that Member chose to take, and because
of reaction which the government chose to take, I just want to
make my opinion very clear on the record — that I think that
particular issue should be debated at the earliest
opportunity.
HON. MR. MACDONALD: I agree with the statement of the duties
of my office that was expounded by the Hon. Member. In terms of
disclosure, his suggestions will be carefully considered, that
it should be at the earliest moment of negotiations. But I
would point out that some people disagree with that, because
they say they may be tentative, the negotiations may be, broken
off and you're freezing-in people's money that you don't have a
right to freeze at that point.
But we're listening to those suggestions and we'll take them
seriously.
MR. G.F. GIBSON (North Vancouver–Capilano): Mr. Chairman,
speaking to the Attorney-General's estimates I have several
general points to make — all of them briefly.
I'd ask the Attorney-General first of all if he could
enlighten the House a bit more, in view of his brief statements
yesterday and the large headlines this morning, as to the
extent of organized crime in British Columbia. I think perhaps
some alarm was caused, which may or may not be justified. But
the large headlines perhaps gave cause for alarm to the
ordinary public.
Perhaps the Attorney-General later on in this debate might
indicate, when he mentioned that in his view the big crime
perpetrators are generally getting
[ Page 1112 ]
away with this, whether he believes that this is happening
to any considerable extent, or whether his concern is more
preventive at this stage of the game.
There was a considerable discussion as well on the topic of
a centralized police force. The Attorney-General indicated, and
I was delighted to see it, that he didn't approve of that kind
of a mechanism. There is just one specific reassurance I would
like to have from him, and that is that the structure of local
police commissions will be maintained in those areas where
those police commissions exist.
To move on to another topic, we had an excellent talk from
one of the Members from the other side of the House about the
need for a systematic study on how the legislation of this
province discriminates against women in certain areas — not
only the legislation, of course, but the regulations
promulgated under that legislation.
There is a need for a systematic inquiry, I think, because
to wait until a case is bad enough to come to the attention of
the Legislature or the press or the public in some other way,
is not good enough. There's a need, I believe, to comb through
all of the statute and regulatory law of British Columbia to
see where there are written or implied instances of
discrimination against women in that law.
Voluntary groups have gone into this subject at length;
they've done a good job. But they admittedly can't do the whole
job. So I would suggest to the Attorney-General and ask him to
comment on this: the need for a task force in his department to
go through the legislation and the statutes of British Columbia
in this regard.
There was another excellent point made yesterday, I forget
by which Hon. Member, to the effect that the federal Indian
Act notes that laws of general application of any province,
which of course would include British Columbia and which would
include expenditure programmes, should extend to the benefit of
the Indians of British Columbia. In many cases this does not
happen; this particularly doesn't happen with expenditure
programmes.
Mention was made of the homeowner grant — water and sewage,
the Second Member for Point-Grey (Mr. Gardom) says — and many
others. It's important that these programmes be extended, and I
would add my voice to that plea.
Now if my understanding is correct, Mr. Chairman, the Attorney-General is in
this House and in this government as the guardian of justice — not just of legal
justice, but what I would call natural justice. I think much of the debate we've
had here has flowed from that concept. Certainly the remarks yesterday of the
Hon. Member for Cariboo (Mr. Fraser) on the question of Indian lands and Indian
claims and the cut-off lands, and the role of the Attorney-General as the defender
of natural justice in that area, apply here.
I'll be brief, Mr. Chairman, but I want, on this question of
cut-off lands, to draw to the attention of the Attorney-General
one of the gravest breaches of natural justice that has
occurred in the history of our province relating to the cut-off
lands.
The Attorney-General will recall the so-called
McKenna-McBride commission of 1912 set up by agreement. And he
might or might not be aware of a particular
section of the
agreement noting that:
"a commission shall be appointed, two commissioners by the
dominion and by the province; the four so named shall select a
fifth; and the commission so appointed shall have the power to
adjust the acreage of Indian reserves in British Columbia in
the following manner: 2 (
a) At such places as the commissioner
is satisfied that more land is included in any particular
reserve as now defined than is reasonably required for the use
of the Indians of that tribe or locality, the reserve shall,
with the consent of the Indians" — that's the operative phrase — "with the consent of the Indians as required by the Indian
Act, be reduced to such acreage as the commissioners think
reason ably sufficient for the purposes of such Indians."
Now, Mr. Chairman, through you to Mr. Attorney-General, you
know how the history of this matter developed. Hearings were
held with the various Indian bands in good faith, with that
assurance to the Indian bands in each case and, in particular,
Capilano Reserve No. 5, 132 acres — without the consent of the
Indians. This was reciprocal legislation — dominion and
provincial reciprocal legislation.
The Attorney-General's nodding his head. I'm sure he's very
familiar with the general topic.
I want to bring to his attention this specific case in the
Capilano riding of those the realities of drug addiction, and
while that paints a fantastic picture of maintenance executive
council to press for a speedy resolution of this breach of
trust which has gone on now for over 50 years. As I think most
Members in this House well know, one of the most serious
difficulties standing in the way of the self-fulfilment of the
Indian people is the sense of grievance and the sense of
betrayal that lingers over the years in part as a result of
examples of this kind.
The Attorney-General as well, both by virtue of his office
and by virtue of self-appointment, has become the guardian of
the Skagit Valley. I was not in this House at the time but it
was with a glad heart that I heard the news a year or so ago
that the Attorney-General felt so confident that he could tell
us he would resign if the Skagit Valley was ever flooded. I
pray that he will never have cause to resign for that reason.
I'm sure he won't.
HON. MR. MACDONALD: Is it in Hansard ?
[ Page
1113 ]
MR. GIBSON: I don't know if it's in Hansard or not,
Mr. Attorney-General. It's a statement that you made, is it
not?
HON. MR. MACDONALD: Have you got it in an affidavit?
MR. GIBSON: Well, we can seek affidavits, Mr.
Attorney-General, but I just took it for granted that you
accepted the authorship of that remark.
Now there is a legal question surrounding the Skagit Valley.
There have been mutterings of the Minister of Lands, Forests
and Water Resources (Hon. R.A. Williams) that he considers the
agreement that British Columbia has with Seattle City Light to
be invalid. I wonder if I could ask the Attorney-General not
for legal opinion — which one shouldn't ask in this House — but
to confirm to us what is the applicable law.
I have been seeking this myself. Surely a part of the
applicable law I presume is the IJC order of January 27, 1942.
I assume that a part of the applicable law is
an Act passed by
this House and consented to on April 3, 1947, entitled An
Act to Authorize the Flooding of Certain Lands in the Skagit
Valley . Then pursuant to that an agreement was authorized
in an order-in-council in January of 1967 between the province
and the City of Seattle providing for the flooding of exactly
that Skagit Valley, 6,350 acres, of which 5,710 acres, more or
less, were vested in the Crown in right of the province at that
time.
All of that seems to be valid law relating to the flooding
of the Skagit Valley. Then there is one more piece of
regulatory law, being an order-in-council of this government
dated December 6, 1973, which sets aside certain portions —
overlapping portions, I believe — of the Skagit Valley lands as
a public recreation area. Now I have a little difficulty
understanding how a public recreation area can be the same land
that is described in the agreement with Seattle City Light.
The agreement provided in part, for example, that: "the
province, subject to the rights and holders of any private
tenure, does hereby permit and allow the city to flood for a
period of 99 years from the date of this agreement those vacant
and unalienated portions of the Skagit River watershed in
British Columbia within or without the boundaries of lot 1103,
Yale division of Yale district, up to elevation 1,725
feet."
It is perhaps the understanding of the government or the
Attorney-General that these lands are no longer unalienated
once an order-in-council has been passed about them concerning
a recreational reserve. I'm not certain.
Later on the same agreement suggests that if any portion of the road to be
relocated is required to be built over Crown land, the province will, at no
cost to the city, make such lands available as may be necessary for the right-of-way.
It would seem once again that the requirement to make lands
available for these hydro-electric construction purposes
doesn't exactly jibe with the recreational area. I am asking
the Attorney General if the agreement, the legislation I have
read out, is in fact the applicable law, and if he would
enlighten us any further on what quite frankly is a very
mysterious situation surrounding Skagit.
We hope the government has in the back of its mind some kind
of a strategy here. Its strategy, from the Minister of Lands,
Forests and Water Resources (Hon. R.A. Williams), doesn't
appear to be cooperating with the federal government in making
submissions to the Federal Power Commission, so it must be a
legal strategy. Later on perhaps the Attorney-General might be
kind enough to comment, and advise the House and the many
people in British Columbia who are concerned about the flooding
of the Skagit Valley.
Now, Mr. Chairman, the registry of land in British Columbia
is administered by the Attorney-General. The registration of
land is absolutely crucial to the regulation foreign ownership
of British Columbia land. I'm not going to talk regulation of
foreign ownership of British Columbia land. I'm not going to
talk have other Members. There are private Members' bills on
the order paper.
I want to talk about the administration of the land-registry
system and to ask the Attorney-General if the existing system....
Interjection.
MR. GIBSON: Well, it's a very brief question, Mr.
Attorney-General, and that's the question as to whether the
existing system, without substantial amendment, could handle
the single additional question of the beneficial nationality
ownership of the land. Is the question clear?
The Attorney-General (Hon. Mr. MacDonald) is responsible to
this House for the Liquor Board which, of course, is yielding
enormous profits for the Province of British Columbia — in
excess of $100 million this year. I don't begrudge those
profits, Mr. Chairman; I think it is a good thing. I think the
price of liquor should be high, because alcohol is
unquestionably the most serious drug-abuse problem in our
society.
We had a very moving speech last night by the Hon. Member
for Saanich and the Islands (Mr. Curtis) concerning a tragedy
caused in his riding by alcohol to a family in his riding, who
had written him a letter. It was an excellent case example of
the penalties that the citizens of this province pay in return
for alcohol abuse and, as a sidelight, of the profits that the
provincial Treasury gains from alcohol.
I am making a plea here for a greater proportion of
[ Page 1114 ]
the alcohol profits to be spent on alcohol abuse education
everywhere in the province — through the public media and
particularly in our schools. I think that this is tremendously
important. It would be helpful if the Attorney-General could
give us an account of how much money is spent right now and how
much effort is spent right now on alcohol abuse education. I
appreciate that this may to some extent come up in the
estimates of other Ministers.
HON. MR. MACDONALD: Human Resources.
MR. GIBSON: Is it in one single department? Oh, it's in the
Department of Human Resources. I have looked through the Human
Resources estimates and have been unable to find that number.
Perhaps the Attorney-General might have an idea of what the
figure might be, through you, Mr. Chairman.
Finally, Mr. Chairman, the Attorney-General is responsible
for the Landlord and Tenant Act . Once again, I won't
suggest amendments. I presume that we will receive amendments
to this Act introduced in the House later on this session. I
presume that under the estimates of the Minister of Housing
(Hon. Mr. Nicolson) there will be an opportunity of discussing
the underlying situation.
I do ask the Attorney-General if he is satisfied with the
administration of the Act and the way it is governing
relationships between tenants and landlords at the present
time. I don't think he can be — not with rents skyrocketing and
with tenants subject to intimidation by landlords. As the
Attorney-General knows there have been threats of eviction for
joining tenant organizations, which is wrong. There have been
threats of eviction just for simple complaints of improper
accommodation. There are the kicks and the bangs on the door in
the middle of the night to try and get the tenant out. He
particularly can't be satisfied with it with the supply of
housing drying up. Vacancy rates are down to 0.3 per cent.
I would suggest to the Attorney-General, through you, Mr.
Chairman, that it is indeed urgent that these amendments be
brought in. Reform is needed. We need a rental review board, a
rental grievance board, something which will make the increase
in rents at least commensurate with the increase in costs, and
smooth out the terrible acceleration in rentals that has been
going on lately, while at the same time providing for the
increase in rental accommodation supply. That in the long run
is the best guarantee of the rights of the tenants and of good
landlord-tenant relationships.
HON. MR. MACDONALD: I think I should reply to the points
that were well made by the Hon. Member. Big crime: I don't want
to name names, because I don't think it's in the public
interest to give further details in that respect.
Local police commissions: yes, they should be retained and
local input should be increased rather than diminished, because
in RCMP areas there is no local input at the present time.
Skagit River: it is our position that there is no legal
agreement between the Province of British Columbia and Seattle
City Light because the same was never ratified under the
Boundary Waters Treaty Act, by the IJC.
The final point — LRO system: can we provide for the
recording of the nationality of beneficial owners of land? In a
physical sense we can. But you need a computer to interpret it
and lift out all that information. But the application forms
could make that a requirement. Now mind you, when you run into
a company holding land what is its nationality? So there are
difficulties. But physically the system can accommodate the
reception of that information.
MR. PHILLIPS: Mr. Chairman, I have a couple of items I'd
like to discuss with the Attorney-General today, through you.
One of them I discussed at some length last fall, and again
last spring. I refer to the Royal Canadian Mounted Police road
patrol division. I've had discussions with members of that
great police force about this. The Attorney-General knows that
my feelings are that the RCMP should not be used, these
well-trained men in criminal investigation and all of the
training that they've had should not be used out there on our
highways.
HON. MR. MACDONALD: Mr. Member, there's a reason for it.
MR. PHILLIPS: There's a reason for it?
HON. MR. MACDONALD: Yes.
MR. PHILLIPS: Well, I've been told there's a reason for it
and I'm also aware, Mr. Attorney-General, through you Mr.
Chairman, of the number of deaths on our highways.
But my argument is, Mr. Chairman, the number of deaths on
our highways are not diminishing. Therefore the system we have
now is not effective. And I'll tell you Mr. Chairman, through
you to the Attorney-General, I don't know if the
Attorney-General has ever been picked up for speeding or not....
HON. MR. MACDONALD: Have you got an affidavit?
MR. PHILLIPS: But I want to tell you that an ordinary
citizen of this country who may never have broken any law
whatsoever, when he sees those flashing lights and sirens
behind him that he feels like a common criminal. But that's not
[ Page 1115 ]
complaint....
HON. MR. MACDONALD: He may be a common criminal.
MR. PHILLIPS: He may be a common criminal? I feel Mr.
Chairman, that we could attain better results by having more
road patrol cars on the highway, marked as such, to control
traffic. But let's get away from this hide-and-seek business
and ghost cars, and patrol cars hiding behind hedge fences —
bill-boards, that's right — seeking you out like a common
criminal using radar. Let all of that knowledge and all of that
technology go to catch the criminals, not the ordinary
peace-loving citizens who are breaking the common law speeding
on our highways. And I realize....
HON. MR. MACDONALD: Don't send me your tickets. I have
trouble enough with my own.
MR. PHILLIPS: I want to specifically refer, Mr. Chairman, to
the State of Arizona in which by the research I am able to do
is there is very little speeding. There are very little
accidents on the roads in Arizona. But you can hardly move in
that state without seeing a road patrol car. But they don't sit
and hide behind bill-boards, they are there driving on the
highway controlling the traffic, their presence on the highway
controls the traffic.
Mr. Attorney-General, as I said before, the present system
is not working. The deaths on our highways are not diminishing,
they are increasing — and something should be done. So if this
hide-and-seek, cops-and-robbers game that we're playing with
the motorists on the highway today is not effective, I think,
Mr. Attorney-General, that you should consider again — as I
asked for last year — a separate road patrol division. Call it
the B.C. Police, the B.C. road patrol. You don't have to have
the criminal knowledge to go out there on the highway to
control the speed of the traffic.
The second item I would like to discuss with the
Attorney-General here this afternoon, Mr. Chairman, is a few
years ago the British Columbia government did away with the
system of fines. They did away with the system of fines for
infractions under the Motor Vehicle Act .
Now, in British Columbia that system is being reintroduced
again. The system of fining motorists for infractions under the
Motor Vehicle Act is being reintroduced. Not by the
Attorney-General, not by any other legislative measure, but by
the Insurance Corporation of British Columbia. And indeed, that
is exactly what they are doing.
We did away with it, so that nobody paid fines, it was on a point system. So
now the Insurance Corporation of British Columbia is indeed bringing the fine
system back to life in British Columbia. And that's exactly what it is.
HON. MR. MACDONALD: Private companies do that too. This
isn't my department, you know.
MR. PHILLIPS: Well you are the Attorney-General. Mr.
Chairman, I'd like to know by what right, what law, without the
matter being debated here in the Legislature the Insurance
Corporation of British Columbia has to impose fines, when we
did away with that system?
They're bringing it in probably not until this Legislature
prorogues. They're bringing it in under the guise of driver
insurance. But what it is, is a fine for infractions under the
Motor Vehicle Act brought in by a government-owned
corporation.
Corporations have as much power as this Legislature. The
Attorney-General says it's not his department. When do we
discuss things like that?
Mr. Attorney-General, I have one last short item that I
would like to discuss with you. I would like to ask you if you
feel it is right that a farmer who happens to be transporting
some fruit in or out of the Okanagan Valley — and I am sure the
Member for Omineca (Mr. Kelly) will agree with me — is it right
that a justice of the peace can swear out an affidavit and that
man can be searched like a common criminal? The illicit drug
trade in this province runs rampant. You'd be far safer to have
5 lb. of heroin in your back pocket, or in the back seat of
your car and drive around the Province of British Columbia.
Because for anybody to get a search warrant to search you they
have to really have some evidence. And nobody's going to get in
the trunk of my car if I have 5 lb. of heroin there unless they
really have some evidence.
But I want to tell you, Mr. Chairman, if I happen to have
some apple peelings on my dash and maybe a little sawdust or
some wood chips around the bumper of my trunk, lo and behold I
shall be searched!
Does the Attorney-General feel that this is justice? Are we
putting apples and oranges in the same common denominator with
pot and heroin? Let's get to the core of the apple problem.
This is a very serious matter, Mr. Chairman, a very serious
matter.
I could take my panel truck and I could go to the liquor
store and I could fill it right full of booze, and I could
drive to the Peace River country and lo and behold no one would
search me, no one would bother me! But I tell you if I load my
truck up with apples, peaches, cherries, I'm a common criminal.
Now I'd like the Attorney-General to discuss these three items
that I've brought before the floor of this Legislature this
afternoon.
HON. MR. MACDONALD: I don't want to filibuster my own
estimates, but briefly I want to say
[ Page 1116 ]
that in the case of the RCMP patrols it is useful that the
RCMP do some traffic work, because that way they get out into
the communities to find out what's going on. They regard it as
a kind of essential adjunct to their other police duties.
MR. PHILLIPS: How do you regard it?
HON. MR. MACDONALD: I agree. I think that is a good
argument. You know, sitting in the office and waiting for a
phone call, or just engaged in crime detection, you don't get
to know your community that well. It's kind of an onerous
thing.
MR. PHILLIPS: Do you agree with those ghost cars?
HON. MR. MACDONALD: The Hon. Member mentioned Arizona. In
Arizona they have hidden cameras on major speedways which show
a photo of a car speeding, and which automatically ticket a
person. So I don't think you should refer to Arizona as a lucky
place to drive.
I don't think we want to have a B.C. highway patrol as an
extra police force, because I'm afraid somebody would get up
and say "Himmler!" We've had one or two under the Department of
Highways in the past, but the government does not plan any
change in terms of creating such a force.
In the case of fines, I'll be glad to convey your remarks to
the Hon. Minister concerned.
In the case of fruit from the Okanagan Valley, that is a
matter again of whatever powers the Legislature grants under
the marketing board legislation, as it now sits or as it may be
changed.
MR. PHILLIPS: Well, Mr. Chairman, I don't want to belabour
the fruit point, but if you put yourself, or I put myself, or
the Attorney-General puts himself in the position of a fruit
grower in the Okanagan, and reads the papers about what you
alluded to yesterday afternoon, the major crime in the Province
of British Columbia — these are law-abiding citizens. How do
they feel? They must feel the same as I do, that if we can
devote this much attention to them, surely to goodness more
attention should be devoted to the question of real criminals
in this province.
I certainly agree with the Attorney-General, and I said last
year you should have an all-out war. The illicit drug traffic
in this province is the biggest problem that this province
faces today. You should treat it, not in an ordinary manner,
Mr. Attorney-General, but as a crisis.
I mentioned in this House last year many families in northern British Columbia
who were afraid to send their children to colleges and institutes of higher
learning in the lower mainland. Unfortunately now Mr. Chairman, they are faced
with this problem their own small home towns in the north country.
The drug trafficking problem has reached epidemic
proportions in this province. Mr. Chairman, I would like the
Attorney-General to outline to me what specific action he has
taken since he became the Attorney-General of this province,
and what specific positive steps he intends to take
immediately, because I tell you that if we continue allowing
this plague to grow, it will be the ruination of the Province
of British Columbia.
Mr. Chairman, I also pointed out last year that we have a
specific problem in British Columbia because of the many, many
miles of unguarded coastline that we have. I'm not going to go
into the speech that I made in this Legislature last year, but
I feel very strongly that those who are out there pushing
drugs, who are not users, should be dealt with most severely,
and those who are users should be isolated from society until
such time as they are cured.
We talk about break-ins, and we talk, indeed, as the lady
Member for Vancouver-Burrard (Mrs. Brown) did last night, about
rape, and we hear of all kinds of crime in British Columbia.
But what is the source of the majority? What starts this crime?
Why the break-ins, why the robberies, why the muggings, why the
rapes? Do away with that evil of drugs and you will solve a
large portion of the other crimes in the Province of British
Columbia.
Mr. Chairman, this afternoon I plead with the
Attorney-General to treat this not as an ordinary situation. We
must declare war. I realize how the Minister of Human Resources
(Hon. Mr. Levi) feels. He's gone soft on drugs. The Minister of
Human Resources' attitude is soft on drugs.
But Mr. Attorney-General, through you, Mr. Chairman, I ask
the Attorney-General to stand on his own two feet, live by his
own convictions, and get on with the job that has to be done.
All the resources of your department should be focused on this
plague now, forthwith. I ask you to tell me what action you are
going to take, Mr. Attorney-General.
HON. MR. MACDONALD: Mr. Chairman, without delaying the
committee, everything we're doing really relates to this
because about, let's say, half our crime problem is
drug-related. Half our inmate population in prison is
drug-related, and so forth. Probably when I say half I'm being
conservative.
So everything we do in terms of reform of the family court,
the juvenile end, improving the quality of justice, improving
the speed with which trials can be brought on, including
upgrading the quality of the bench in British Columbia,
improving the laws, reorganizing and coordinating police
activity, integrating police activity with the justice system
and corrections — everything we're doing is really related to
this, because this is half our problem.
I I'm not happy with the progress that is being made
[ Page 1117 ]
because it is very serious. I have the seizure figures for
1973 in terms of drugs in B.C. here and I'll be glad to
show them to the Hon. Member if he likes.
Much more has to be done and really it is the total effort
of the department, because, as I say, it is so much of the
problem and everything we do is affected by it.
MR. PHILLIPS: I would just like to ask one further question
of the Attorney-General, if I may. How many men in British
Columbia today, in your police force, are devoted specifically
towards the drug problem? How many?
HON. MR. MACDONALD: You would have to put that on the order
paper or ask me separately. I just don't know the number.
You've got the federal RCMP force, the drug detail.... I don't
know their numbers. Vancouver City Police have their own drug
detail which works with them. I don't think we could bounce an
estimate at this time, but if you want us to look that up for
you, I'd be glad to try and find it.
MR. PHILLIPS: I'd like that answer and also as it refers to
what percentage.
HON. MR. MACDONALD: We'll get rough figures on that.
MR. D.E. LEWIS (Shuswap): I hate to disagree with the Member
for South Peace River (Mr. Phillips) in regard to the RCMP
patrolling the highways, but it's quite apparent he doesn't
live along the Trans-Canada Highway to see the type of thing
that happens with passing travellers.
I can give an instance of what happened in the Member for
Columbia River's (Mr. Chabot) riding last summer where an RCMP
constable was riding in his car and met a car going in the
opposite direction. As he met the car he saw the man put his
hand up to his face, and he automatically thought: "There's
something wrong with that fellow; he doesn't want me to see
what he looks like." So he turned around and chased him, and it
turned out that he was an escaped convict from the
penitentiary, and a very dangerous escaped convict.
Also many times when the police stop and check cars, they
come up with stolen goods, they come up with drug seizures, and
I think if the Member lived along the Trans-Canada Highway he'd
have a completely different view of the RCMP's role in traffic
control.
In my riding they do a very good job. They are very
effective. They are not bullies. In my view they are very, very
fair and courteous.
If you get caught in a radar trap, that's too bad. That's there for your own
protection. That's put there. for the protection of other people on the highway.
As for speeding, I speed myself sometimes, but if I get caught I'd better be
prepared to pay.
In regard to ICBC, he mentioned that the Crown corporation
has the gall to fine somebody. Well, he'd better stop and take
a look at the private insurance com