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May 17, 2010

39th Parliament, 2nd Session

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Hansard Transcripts

Votes and Proceedings

Orders and Notices

Hansard Transcripts 2010-May-17 (PDF)

L033 - Mon 17 May 2010 / Lun 17 mai 2010

LEGISLATIVE ASSEMBLY OF ONTARIO

ASSEMBLÉE LÉGISLATIVE DE L’ONTARIO

Monday 17 May 2010 Lundi 17 mai 2010

INTRODUCTION OF VISITORS

DISCLOSURE OF

CONFIDENTIAL INFORMATION

ORAL QUESTIONS

GOVERNMENT APPOINTMENTS

GOVERNMENT APPOINTMENTS

RURAL HEALTH SERVICES

RURAL HEALTH SERVICES

APPOINTMENTS PROCESS

WATER QUALITY

MEMBER’S COMMENTS

CHILDREN’S AID SOCIETIES

TAXATION

PHARMACISTS

ANIMAL PROTECTION

HUMAN RIGHTS

CHILDREN’S AID SOCIETIES

TAXATION

POVERTY

USE OF QUESTION PERIOD

INTRODUCTION OF VISITORS

MEMBERS’ STATEMENTS

JAMES MCCRACKEN

INTERNATIONAL DAY AGAINST HOMOPHOBIA AND TRANSPHOBIA

INTERNATIONAL DAY AGAINST HOMOPHOBIA AND TRANSPHOBIA

CARBON MONOXIDE DETECTORS

PORT CREDIT SALMON AND TROUT ASSOCIATION

ABILITIES CENTRE

RESUSCITATION OUTCOMES CONSORTIUM

ONTARIO ASSOCIATION OF POLICE SERVICES BOARDS

KEVIN MCKAY

REPORTS BY COMMITTEES

STANDING COMMITTEE ON FINANCE AND ECONOMIC AFFAIRS

INTRODUCTION OF BILLS

OPEN FOR BUSINESS ACT, 2010 /

LOI DE 2010 FAVORISANT UN ONTARIO PROPICE AUX AFFAIRES

HAWKINS GIGNAC ACT (CARBON MONOXIDE DETECTORS), 2010 /

LOI HAWKINS GIGNAC DE 2010 (DÉTECTEURS DE MONOXYDE

DE CARBONE)

TOBY’S ACT (RIGHT TO BE FREE FROM DISCRIMINATION AND HARASSMENT BECAUSE OF GENDER IDENTITY), 2010 /

LOI TOBY DE 2010 SUR LE DROIT

À L’ABSENCE DE DISCRIMINATION

ET DE HARCÈLEMENT FONDÉS

SUR L’IDENTITÉ DE GENRE

DEFENDING EMPLOYEES’

RIGHTS ACT, 2010 /

LOI DE 2010 SUR LA DÉFENSE

DES DROITS DES EMPLOYÉS

STATEMENTS BY THE MINISTRY

AND RESPONSES

GOVERNMENT REGULATIONS

PETITIONS

SERVICES FOR THE DEVELOPMENTALLY DISABLED

MULTIPLE SCLEROSIS

TAXATION

TAXATION

WIND TURBINES

SPEECH AND LANGUAGE SERVICES

ONTARIO PHARMACISTS

ONTARIO PHARMACISTS

ONTARIO PHARMACISTS

ONTARIO PHARMACISTS

ONTARIO PHARMACISTS

ONTARIO PHARMACISTS

ORDERS OF THE DAY

NOT-FOR-PROFIT

CORPORATIONS ACT, 2010 /

LOI DE 2010 SUR LES ORGANISATIONS

SANS BUT LUCRATIF

The House met at 1030.

The Speaker (Hon. Steve Peters): Good morning. Please remain standing for the Lord’s Prayer, followed by a moment of silence for personal thought and inner reflection.

Prayers.

INTRODUCTION OF VISITORS

Mr. Bruce Crozier: I would like members of the Legislature to join me, along with page Michelle Lutsch, in welcoming her mother, Pauline; her father, Mike; and her aunt Grace McCann, sitting in the east members’ gallery.

Ms. Cheri DiNovo: I want to introduce the family of page Tristen Groves: mother, Victoria Lavine-Groves, and family friend Alon Blumberger. They’re here for the day.

I also want to introduce a whole group of transactivists, here for anti-homophobia day and to support Toby’s Act, from the Registered Nurses’ Association of Ontario, CUPE, the Canadian Federation of Students, CUPW, Trans Health, the Trans PULSE Project, Egale, Rainbow Health and many others. They will be arriving as we continue.

Ms. Helena Jaczek: Joining us today are people from the York Region Children’s Aid Society—from the board, Denise Bilsland; Rev. M.J. Perry; Avanthi Goddard; Sophia Wong; Ginger Beard-Martin; Patrick Lake, executive director; and Jennifer Grant.

Hon. Monique M. Smith: I’d like to welcome Mary Beth Caliciuri and her son Anthony. Many will remember that Anthony was a page here not that long ago. He’s obviously missing the place, and we’re happy to have him back.

Mr. Randy Hillier: I’d like to welcome to the House today Suzanne Geoffrion and Sylvie Powell from the Lanark children’s aid society, who have been here today.

Mr. Glen R. Murray: I would like to welcome to the Legislature today the Rainbow Health Network, who are here to support and celebrate International Day Against Homophobia and Transphobia—Georgina Bencsik; Swami Bodhidharma; Susan Gapka, whom I’d like to recognize for her outstanding leadership; Martine Stonehouse; Jake Pyne; Nicole Nussbaum; and Stefonknee Wolscht.

I’d also like to recognize, in the gallery, Ronald Lwabaayi and Todd Ross from Africans in Partnership Against Aids, who are fighting homophobia in Uganda.

Hon. John Gerretsen: I’d like to welcome, from the Kingston children’s aid society, Ray Muldoon, the executive director; Brian Devlin, the president or chair of the board; and another board member, Yvonne Cooper.

Mr. Steve Clark: I am pleased to introduce, from Family and Children’s Services of Leeds and Grenville, Bob Pickens and Tim Blake. Welcome to the Legislature.

Mr. Yasir Naqvi: I’m really pleased to introduce the family of my good friend Susanne Sviergula. Please welcome Carolann Perron, Janel Perron and Zach Perron. Welcome to Queen’s Park.

Hon. Dwight Duncan: I’m pleased to welcome Nick Dzudz from Windsor, former president of the CAW, GM local, particularly appropriate today, the day the company has returned to profitability. Welcome.

Mr. Ernie Hardeman: I would like to welcome Chris Friesen, the president of the Oxford children’s aid society, and Bruce Burbank, who is the executive director of the Oxford children’s aid society. They’re here again to celebrate with us today.

Mr. Mike Colle: I have the delegation from the Ontario Association of Police Services Boards. With us today we have Henry Jensen, Kevin Eccles, Bob Maich, Doug Martin, Mike Fenchak, Don Smith, George Braithwaite, Nick Dzudz, Rayudu Koka, Bill Clancey, Sue Petkovsek, Kathy Wallace, Fred Kaustinen and Alok Mukherjee.

Mr. Charles Sousa: I’d like to introduce, in the members’ east gallery, two individuals who participated in Full Circle to help children in our community participate in the Mississauga Waterfront Festival. Please welcome to the Legislative Assembly Bill Mahood and Robbie Moyles. Welcome to the Legislature.

Mrs. Joyce Savoline: I would like to introduce, in the west members’ gallery, the friends and family of our page from Burlington, Dylan Thompson: his mom, Lisa-Marie Pharand; Carol-Anne Aulenbeck and James Kubik, his grandparents; and James Hanian, a family friend.

Hon. Carol Mitchell: It’s my pleasure to introduce Carolynne Griffith, the chair of Egg Farmers of Ontario; Bill Emmott, the chair of Dairy Farmers of Ontario; Amy Cronin and Teresa Van Raay, directors of Ontario Pork; Brian Gilroy, chair of the Ontario Fruit and Vegetable Growers’ Association; and Murray Opsteen and Henry Zantingh, directors from Chicken Farmers of Ontario.

I want to encourage all members to come out to the farmers’ market from 12 to 2 for good food that is grown in Ontario. They’re not with us, but they will be with us shortly. Welcome, everyone.

Mr. Bruce Crozier: I’d like to introduce guests who are from the Windsor-Essex Children’s Aid Society: Bill Bevan, the executive director; Jamie Henderson, a board member of the agency; and Tina Gatt, manager of public relations, or PR, and prevention.

Hon. Laurel C. Broten: It’s my pleasure to acknowledge the leadership of the Ontario Association of Children’s Aid Societies, who have joined us here today, and the many CASs who have joined us. You might have noticed a theme in the introductions of CASs today. It is the OACAS lobby day, and we’re very pleased that they’re here.

Ms. Sylvia Jones: From my riding, and representing children’s aid societies—Peel CAS—the executive director, Paul Zarnke; and from Dufferin Child and Family Services, it’s my pleasure to welcome Trish Keachie.

Mr. Bruce Crozier: I’d like to introduce a good friend and a great community volunteer in the name of Mike Fenchak, who’s here from the Lakeshore police services board.

Hon. Linda Jeffrey: I’d like to welcome members of the Ontario Biodiversity Council, who released their first state of Ontario’s biodiversity report this morning with me. Joining us today in Queen’s Park is Jon Grant, the chair; Julie Cayley, from Ducks Unlimited Canada; Dan Kraus, from the Nature Conservancy of Canada; Mark Stabb, from the Nature Conservancy of Canada; Steve Hounsell, of Ontario Power Generation; Terry Rees, from the Federation of Ontario Cottagers’ Association; Don Pearson, of Conservation Ontario; and Don McCabe, of the Ontario Federation of Agriculture.

Mr. Ernie Hardeman: I would like to introduce Joe Varner, who is the partner of my seatmate, Lisa MacLeod. I’d like to welcome him to Queen’s Park today.

Hon. Christopher Bentley: On behalf of my London colleagues, I welcome Jane Fitzgerald and the London children’s aid society to Queen’s Park.

Also, on behalf of the Minister of Community Safety and Correctional Services, I acknowledge the presence today of the Ontario Association of Police Services Boards.

Mr. Frank Klees: I want to extend a special invitation to M.J. Perry, from York region, who sits on the York Region Children’s Aid Society board. I’ll be meeting with her and representatives later on. We thank them for the good work they do, and we hope that the government hears them loudly and clearly today.

M me France Gélinas: Il me fait plaisir de présenter M me Colette Prévost de la société d’aide à l’enfance de Sudbury—the children’s aid society, where she’s the executive director—as well as Ashley Thomson. Welcome to Queen’s Park.

The Speaker (Hon. Steve Peters): I’d like to take this opportunity, on behalf of the member from Guelph and page Rhett Figliuzzi, to welcome his mother, Cheryl Figliuzzi, in the gallery today. Welcome to Queen’s Park.

Seated in the Speaker’s gallery from Family and Children’s Services of St. Thomas and Elgin County, I’d like to welcome Executive Director Rod Potgieter, board of directors Vice-President Jeff Addley, board of directors member Cheryl Fish and director of services Dawn Flegel. Welcome to Queen’s Park.

DISCLOSURE OF

CONFIDENTIAL INFORMATION

Mr. Peter Kormos: On a point of privilege, Mr. Speaker.

The Speaker (Hon. Steve Peters): I thank the member from Welland. He provided me with proper notice.

The member from Welland.

Mr. Peter Kormos: Amongst other things, I’m going to be referring to a number of news clippings. If a page would come and take these to the table, we’ll know we’re all reading from the same book. Thank you kindly.

Speaker, with great hesitation, I rise on this point of privilege, because I very strongly believe that we have been witness to acts and conduct that constitute contempt of Parliament by the government and by its House leader. These relate to numerous statements attributed to the government and to the government House leader in a number of press articles—I’m speaking at this point only to the printed press; I can’t speak to electronic media, because I simply haven’t researched that yet.

We start with May 15, a Canadian Press

article coming out of Collingwood. Of course, it’s around the issue of the tripartite ad hoc committee of this Parliament that was charged with the selection of an Ombudsman, the term of office of the current Ombudsman having expired.

I refer to the very final paragraphs of that Canadian Press article: “But the panel charged with hiring an Ombudsman was unable to reach a consensus, and a new committee will have to be formed, said government House leader Monique Smith.”

Further, “About 50 people applied for the job, but most were unsuitable for the job and only four people were interviewed, the government said.”

I turn to the item by Command News dated Sunday, May 16. There, toward the end of that article, “The Ombudsman committee couldn’t agree on whom to hire, which means the process must start again with a new panel, said government House leader Monique Smith.

“About 50 people applied for the job, but most were deemed unsuitable and only four candidates were interviewed, including Marin, according to government officials.”

“Smith said she’s asked Speaker Steve Peters to form a new committee and post the job again.”

Now, these are direct quotes: “‘My understanding was that our first posting was only in one newspaper and it was only about a week of time,’ she said.

“‘So I’ve asked that we post it more broadly and for a more extended period of time to allow for more interest.’”

Ottawa Citizen article, May 14, 2010, by Lee Greenberg, referring to Marin:

“Government insiders are sniping at Marin’s financial management of his office, noting particularly the decision to relocate from one downtown Toronto address to another.

“The move involved extensive renovations, one Liberal said. The Liberals also suggest Marin is claiming frequent travel to his Ottawa home as a work expense.”

I simply want to put those in the context of my point of privilege. These are scurrilous, malicious and, with all due respect, slanderous, and they are not unattributed statements; they are attributed to “one Liberal said” and government insiders.

Further in that same Ottawa Citizen article:

“Despite Marin’s expectations to be considered for the job, government House leader Monique Smith told the Citizen she asked Speaker Steve Peters to strike another panel and begin a new search for candidates.

“‘The Speaker wrote to us and told us that the panel didn’t come to a conclusion so I suggested he convene a new panel and post the job again,’ Smith said.

“‘There may be different candidates that bring different things to the table.’”

Ottawa Citizen again, Greenberg writing on May 15, 2010, repeating the same two comments:

“Government insiders are sniping at Marin’s financial management of his office, noting particularly the decision to relocate from one downtown Toronto address to another.

“The move involved extensive renovations, one Liberal said. The Liberals also suggest Marin is claiming frequent travel to his Ottawa home as a work expense.”

May 15, 2010, Toronto Star—and again, this is obviously utilizing the Canadian Press story that I referred to earlier:

“But the panel charged with hiring an Ombudsman was unable to reach a consensus, and a new committee will have to be formed, said government house leader Monique Smith....

“About 50 people applied for the job, but most were unsuitable for the job and only four people were interviewed, the government said.”

The Globe and Mail, Sunday, May 16, by Maria Babbage for the Canadian Press: “And now there are reports of Liberal grumblings about Marin’s expenses, including complaints that he’s claiming frequent travel to his Ottawa home and made extensive renovations to his new office.”

I say to you that these are scurrilous, malicious and slanderous comments.

Further, the final paragraph of that

article as published: “About 50 people applied for the job, but most were unsuitable for the job and only four people were interviewed, the government said.”

Finally, the Globe and Mail, May 16, 2010, Karen Howlett, halfway through the

article titled “Search Continues for Next Ontario Ombudsman”:

“Liberal House leader Monique Smith said in an interview on Sunday that she had heard anecdotally that individuals who wanted to apply for the job did not realize it had been posted until after the deadline for applications. The job was advertised in only one newspaper for one or two days, she said. Ms. Smith plans to ask Speaker Steve Peters to appoint a new search committee and to instruct the committee to advertise the job opening more broadly.

“According to the unnamed government official, about 50 people applied for the job in the first round but only four were interviewed, including Mr. Marin. Another was former Liberal MP Susan Whelan, but Ms. Smith denied that she was the Liberals’ choice for Ombudsman.”

Those are the media references that I rely upon.

There are two issues here. One is with respect to in camera proceedings. The literature and the reference material is rife with commentary on this.

I refer to Parliamentary Privilege in Canada, second edition, Maingot, page 249. “Unlike secret sessions, the purpose of which is to keep matters secret, in camera proceedings are held to enable members to feel free to discuss and deliberate, and particularly to enable them to reach a decision by means of compromise without the glare of publicity and, unless it is alleged that a particular person gave the in camera proceedings to the press or some other misconduct is alleged specifically, a Speaker will be reluctant to find a prima facie case of privilege.”

Well, sir, I am alleging that the contents of an in camera process were given to the press. I believe that that record is apparent.

I go back to Bourinot, and I’m referring to the third edition, published 1903, page 153: “It is an old order of Parliament ‘that the evidence taken by any select committee of this House, and the documents presented to such committee, and which have not been reported to the House, ought not to be published by any member of that committee or by any other person.”

I appreciate that the reference there, like the reference in O’Brien and Bosc, is to select committees, but the broader rule and the reason why we’re referring to select committees as compared to standing committees is for the obvious reason that standing committees are in and of themselves inherently public but for the rare time when the standing orders provide for in camera portions.

The hiring or the selection committee, in my respectful submission to you, sir, although not designed by the standing orders, was a committee of this House, a committee of this Parliament, to which all three caucuses, all three House leaders, all three party leaders agreed. It deserves the same protection as any other committee. It wasn’t functioning in a partisan way; it was designed to function in a non-partisan way. That was the agreement. The agreement at the onset of the hearings, and Speaker, of course you were present at those, was that the subject matter of those proceedings would be confidential.

There was some question about whether they were privileged at law and could people be subpoenaed to testify as to what happened in that committee, and there was a suggestion that should there be civil litigation flowing out of the process, those members might well not be able to claim privilege, but we committed ourselves to confidentiality.

Erskine May, page 139, the 23rd edition: “As early as the mid-seventeenth century, it was declared to be against the custom of Parliament for any act done at a committee to be divulged before it being reported to the House. Subsequently, though the House of Commons found it increasingly difficult to enforce effectively its rules against the disclosure abroad of proceedings in the chamber, the privacy of committee proceedings and the prior right of the House itself to a committee’s conclusions was upheld, and punishment was inflicted on a newspaper proprietor who published the contents of a draft report laid before a select committee but not considered by it or presented to the House.”

Finally, in O’Brien and Bosc, and this is a very—look, I’m not suggesting that, should there be a finding of contempt here, anybody be sent to the Tower.

Ms. Sylvia Jones: It’s tempting.

Mr. Peter Kormos: Well, some of the older reference books make frequent reference to people being committed to the Tower until they’re kneeling at the bar of Parliament, submitting their apologies. I’m not suggesting that.

As a matter of fact, this is an interesting observation in O’Brien and Bosc, page 87: “The reluctance to invoke the House’s authority to reprimand or admonish anyone found to have trampled its dignity or authority and that of its members appears to have become a near constant feature of the Canadian approach to privilege.” Here’s where an ellipsis would be appropriate. Later in that paragraph: “In the 1987 Parry case where the member divulged the result of an in camera vote, the Standing Committee on Elections, Privilege and Procedure also did not recommend punishment, and the member’s apology to the House put an end to the matter.”

I cite that because, again, it’s clear that that conduct doesn’t necessarily—doesn’t necessarily—compel punishment. But it’s equally clear from the reference to the Parry case in Ottawa that it is a breach of privilege and it is a contempt of Parliament.

That’s dealing with the disclosure, I put to you, of the subject matter and process in that confidential ad hoc committee, which, in my respectful submission, for the purpose of determining privilege has the same status as a select committee referred to. Indeed, the older literature simply refers to any committee of a Parliament, and that was a committee of the Parliament; I don’t think there can be any dispute about that.

O’Brien and Bosc, in listing on page 84 those things that will constitute a contempt, include “divulging or publishing the content of any report or evidence of a select committee before it has been reported to the House.”

I then go to what I have identified in my submission as scurrilous, malicious slanders against Mr. Marin. Referring once again to Maingot, page 250, “There are actions that, while not directly in a physical way obstructing the House of Commons or the member, nevertheless obstruct the House in the performance of its functions by diminishing the respect due it.” Mr. Marin is an officer of this assembly, as are you, sir, as is the Clerk, along with several other positions.

A slander, I put to you, of an officer of this assembly has specifically the result of diminishing the respect due to this Parliament—even more regrettably, a slanderous statement where the subject matter of that, an esteemed officer of this assembly, is not given an opportunity to respond.

In fact, Maingot finds that “Contempt is whatever a House finds as contempt”—page 229; we’ve reviewed this before: “Another category relates to matters of contempt that are not a breach of any enumerated right. Because the House of Commons has the penal right of the old high court of Parliament, it has the right to find a person in contempt for ‘disrespect to that which is entitled to legal regard.’ And, like contempt of court, ‘it is so manifold in its aspects that it is difficult to lay down any exact definition of the offence.’”

It goes on and refers to things being treated as a contempt, even though there is no precedent for the offence.

I again refer you to O’Brien and Bosc, page 82. “Privilege Versus Contempt” is the subheading: “The House also claims the right to punish, as a contempt, any action which, though not a breach of a specific privilege, tends to obstruct or impede the House in the performance of its functions, obstructs or impedes any member or officer of the House in the discharge of their duties; or is an offence against the authority or dignity of the House, such as disobedience of its legitimate commands or libels upon itself, its members, or its officers.” Mr.

Marin is an officer of this Assembly and he has been the victim of a libel, I say to you.

I note, in reference to declining to ask the Speaker or the chamber to send anybody to the Tower, Bourinot. Again in that 1903 third edition that I referred to earlier, “A contempt of the privileges of the House will be punished according to its character”—page 158. “In some cases the House will not deem it necessary to proceed beyond an admonition or a reprimand, but occasions may arise hereafter, as in the past, when it will be found necessary to resort to the extreme measure of imprisonment.” So this is a very serious matter.

We had a confidential selection process that was consistent with good human resources practices—best practices, if you will. All three caucuses were represented on that committee. When decisions were made, they were only made as a result of unanimity. For the government House leader to criticize that committee’s decision, for instance, about advertising an open position, when her own member, who was a delegate of her leader, was speaking for her leader and her caucus at that committee and acquiesced to that, I find disingenuous.

For the government House leader to regrettably divulge information that was to be kept confidential and had been kept confidential—and I’m well aware of your letter. I received your letter. I received Ms. Smith’s letter of May 14 and I trust that by now you’ve received my letter of May 14. This is with respect to where the select committee goes next. I will not divulge the contents of those letters. They’ve either been read by you or they’re in your mailboxes.

I just find this an extremely troubling thing, when a process like this—it has to be kept pristine. We’re hiring an officer of the assembly. We’ve made great progress in the last 15 years in ensuring that officers of the assembly have the support of all three caucuses. We’ve aspired towards unanimity to depoliticize that position, as it must be.

I regret, sir, that—it’s my view—some of the indiscretions and comments that have been published, comments by Ms. Smith or by the government, Liberal insiders, government insiders, identified as such and who obviously identified themselves as such, detract from that process and, again, very much politicize it. I also regret that in the course of doing that, an esteemed officer of this assembly has been libelled, slandered.

The sad thing about libel and slander is that all the apologies in the world, all the corrections in the world, even should one choose to litigate all of the awards in the world, never take away that blemish, that scarlet letter that is wrongly attached to that victim of slander and libel.

I leave this in your hands, sir. I don’t want to belabour the point any further. I appreciate your patience in a serious matter that I believe has to be approached in a very serious way by all of us here in this assembly.

The Speaker (Hon. Steve Peters): The member for Renfrew–Nipissing–Pembroke on the same point of privilege.

Mr. John Yakabuski: I rise in support of my colleague from Welland in his registering of this point of privilege here in the Legislature today.

While I don’t need to go through all of the media reports, I share and agree with him that everything he has stated in those are written in this package that I have as well. It began with a story written by Adam Radwanski on Friday, in which the contents of your letter to House leaders was divulged. The result of that, predictably, was a frenzied attempt on the part of the media to get to the bottom of this issue, which proceeded to continue through the weekend.

This issue of a point of privilege seems to be a habit that has developed on the part of this government, a habit of obstruction and arrogance and cynicism that has emerged. Earlier in this session you found a prima facie breach of privilege in the obstruction of the PC caucus on their way to the Legislature to listen to the budget presentation. Hearings into this case will once again take place this Wednesday. While members of the government scoff at the hearings, the significance of such a decision has not been lost on the members on this side of the House.

Only 15 times in the history of this province has a Speaker found a prima facie case of breach of privilege, and your order on the budget day obstruction was that number—15. Additionally, you ordered a standing committee to look into the alleged breach of privilege when the government broke its own law when it cancelled a review of the unelected and unaccountable LHINs. Now the member from Welland presents a case supported by House of Commons Procedure and Practice, second edition, page 83, referring to a contempt of Parliament.

What the government has done offends at least two identifiable cases of contempt. The first is interfering with or obstructing a person who is carrying out a lawful order of the House. As a legislative officer, the Ombudsman is doing exactly that. The attempt on the part of this government, through unidentified spokespersons or unidentified insiders, as they’re quoted as identifying themselves—clearly they cannot hide behind that.

Every member on the opposite side of this House knows that no one there so much as blows their nose without the consent of the Premier’s office, and if Liberal insiders are giving quotes to the newspapers on matters as sensitive as the appointment, the reappointment or the process involving the appointment of the Ombudsman, you know they have the blessing of the power in the Premier’s office. And then the Premier stands and defends the Ombudsman and says lovely things—well, we know that you have to be taken for your actions, not your words.

What has happened through the course of the weekend: divulging the process, talking about the numbers of people who are interviewed, the advertisement process—and my friend talked about that. The advertisement for persons to apply to be the Ombudsman was agreed upon by the committee. That would be the process. The government appointee on that committee agreed to that. It would be a fair assumption that if 50 people applied for that position and the committee was able to narrow that down, then that process probably was sufficient.

What would lead anyone to believe that a new process would produce any different results? We all know what Freud said about continuing to do the same thing over and over again and expecting different results.

Hon. John Milloy: Einstein.

Mr. John Yakabuski: Thank you for the correction. Yakabuski said it, too.

Anyway, this is clearly an attempt to indicate that there were flaws in the process, when the flaw is in the way that the government has treated the process, the way that they have disrespected the process and disrespected the members of that committee. By implying that restarting that process, and doing so in public, would somehow produce better candidates for the job—everyone in this province who wants to be the Ombudsman was well aware of the time of the expiration of his term and well aware that the government was putting out feelers looking for new candidates.

Back in February, the Premier was on record in the press as having said, “We’re looking for new officers,” and indicating that he didn’t think it was a good idea to be reappointing people to subsequent terms.

Hon. James J. Bradley: Not automatically.

Mr. John Yakabuski: Automatically—well.

The Premier already laid the groundwork for what the government is trying to do with respect to the Ombudsman.

To then send out spokespeople to besmirch and sully the reputation of an officer of this Legislature still acting as that officer—I think it is, quite frankly, unprecedented for the government to publicly try to harm his reputation, indicating, for example, that he was using his office to expense trips back home to Ottawa when in fact it’s the Ombudsman Act that allows him to do just that, just as members of this Legislature are allowed to expense their trips home when they go back and forth to their ridings.

Why you would do those kinds of things unless you’re deliberately trying to harm the person—and that, I believe, not only insults in the most egregious way the Ombudsman, but it insults every member of this Legislature, as well.

So I agree with the member from Welland and his point of privilege, and we are looking forward to your ruling on this, Mr. Speaker.

The Speaker (Hon. Steve Peters): Government House leader?

Hon. Monique M. Smith: Thank you, Mr. Speaker. I don’t want to take up too much time. I simply wanted to say that I received a copy of the letter from the member from Welland regarding his point of privilege today at 10:15, and therefore did not have great opportunity to prepare for this point of privilege, so I look forward to providing you with written submissions in due course.

With respect to the process, I think it has been very clearly outlined. It is not set out in the Ombudsman Act what the process is for reappointment; simply that the Ombudsman shall be appointed by the Lieutenant Governor in Council on the address of the assembly. We have set up a process through this Legislature, as you have as the Speaker, convening a panel of all three parties to review applicants and to make a recommendation.

As you’ve noted in your letter to all of the House leaders on May 5, 2010, “A selection panel was named and charged with the recruitment”—

Mr. Peter Kormos: On a point of order, Mr. Speaker.

The Speaker (Hon. Steve Peters): No. I’ll come back to the honourable member from Welland. I’d like to hear—

Interjection.

The Speaker (Hon. Steve Peters): No, I’m going to let her continue.

Hon. Monique M. Smith: In the letter, Mr. Speaker, you advised that a consensus had not been reached by the selection panel. I would note for the member from Welland that the process was discussed in various media reports dating back to February 2004, including an

article by Maria Babbage on February 24, 2010, where it was noted, “But it was Kormos’s complaints over Cavoukian’s reappointment that prompted a return to the competitive process that’s been in place for years, said government House leader Monique Smith, who put the wheels in motion last week.”

The member for Welland has, on numerous occasions, commented on the need for a process, a public process, an open process, and in fact, is quoted extensively in the media about this, particularly on May 27, 2009, when he discussed his concern around the appointment of the privacy commissioner.

I would also note an op ed piece provided by the leader of the third party, his leader Andrea Horwath, on March 8, 2010, in the Toronto Star. She outlined, and this is the title, “How to Hire an Ombudsman.” In the process of her article, she said, “Let’s be clear. New Democrats have consistently called for an open competition for the appointment of officers of the Legislative Assembly, such as the Ombudsman and the environment commissioner, among others. Furthermore, as ‘officers of the assembly,’ these office-holders must have all-party support.”

She goes on to say, “At the time of the privacy commissioner’s reappointment, New Democrats raised concerns about the lack of transparency. A perusal through the record of debate at Queen’s Park shows we aren’t the only ones uncomfortable.”

Then she goes on to say what she sees as the process. First, “the Ombudsman term should be fixed at 10 years.... instead of the current five.

“Second, there should be no reappointment. Once the 10 years are up”—and, “Third, the incumbent Ombudsman should automatically keep the job until the successor is” named.

There’s been much discussion in the public domain about the appointment process. As early as February 24, we noted that an all-party committee was going to be named and convened, and the advertisement was posted.

With respect to my comments about how long the advertisement was posted, it’s in the public record how long it was posted. You can check the papers for how long it was posted and how long the process was allowed to run. My comments were in no way, Mr. Speaker, a criticism of the committee or of your ability to run this process. I was simply indicating that I thought perhaps a longer process should be run in the second running of this competition.

With respect to the comments that the member for Welland has made with respect to contempt, I will address those in my written submissions. I do not believe that they are in any way relevant to this discussion of contempt of the Legislature. I believe that the member for Welland has taken the opportunity to go on at some length about things that he wanted to speak about in this Legislature but that are not relevant to the point of contempt or the point of privilege.

I would note, Mr. Speaker, that I did, in fact, send you a letter last week, advising that I felt there should be a new panel created, made up of appointments of all parties of the House, as we have in the past. I also noted that I suggested that the posting be made more broadly and for a longer period of time.

I take exception to the member for Welland indicating in his submissions this morning that I instructed you in any way. In fact, the quote was from the newspaper, that I had asked you, the Speaker, to appoint a new search committee and to instruct the committee to advise. In fact, I don’t think in my letter I even asked you to instruct. That was perhaps some licence by the author of the article, but I certainly in no way would ever assume to instruct you in your duties as Speaker.

We have followed an open and transparent process in this appointment. We continue to do so. There is no contempt of Parliament, nor is there a point of privilege that’s been violated in this case. We continue to work in an open and transparent way.

I just want to end by saying that I am relieved to know that the member for Welland will not be seeking that I go to the gallows should a contempt be found.

The Speaker (Hon. Steve Peters): The member from Welland.

Mr. Peter Kormos: I have no quarrel with the government House leader filing or tabling written arguments, but I would ask that we, the opposition House leaders, receive copies of them, and I would ask also that the Speaker consider giving us an opportunity to respond to them, should we deem it necessary.

Hon. Monique M. Smith: I would ask that we receive a written submission from the member from Welland on his point of privilege this morning, as well as have an opportunity to respond to any further submissions that he makes.

The Speaker (Hon. Steve Peters): I’d like to take this opportunity to thank the member from Welland, the member from Renfrew–Nipissing–Pembroke and the government House leader for their comments on this issue. I do welcome submissions from individuals to assist me in my deliberations, and I will reserve judgment at this time.

It is now time for oral questions.

ORAL QUESTIONS

GOVERNMENT APPOINTMENTS

Ms. Lisa MacLeod: My question is to the Acting Premier. Working Families is an American-style campaign organization set up for the sole purpose of stopping the Ontario PCs from forming government. They ran attack ads against PC candidates in each of the past two election campaigns. The front man of the Working Families Coalition is Patrick Dillon, whom Dalton McGuinty wants to appoint to the College of Trades Appointments Council tomorrow. Is the appointment a reward for helping the Liberals win the 2007 election campaign?

The Speaker (Hon. Steve Peters): I remind the honourable member of impugning motive, and would ask her to withdraw that comment, please.

Ms. Lisa MacLeod: Withdrawn.

The Speaker (Hon. Steve Peters): Acting Premier.

Hon. Dwight Duncan: To the Minister of Colleges, Training and Universities.

Hon. John Milloy: I’m very proud to stand in this House and talk about the government’s initiative in putting forward a college of trades, a first of its kind in the world.

It’s passing strange: The opposition are the ones who have been raising concerns about the apprenticeship system here in the province of Ontario. Our response was to ask a noted expert, Mr. Tim Armstrong, to look into the apprenticeship system, and he came forward with the proposal for a college of trades, an opportunity for everyone involved in the apprenticeship system to gather and to look at many of the issues that are facing the province.

We are taking the first steps, through an appointments council, which will form the basis of the college of trades, and the member is a member of the—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Ms. Lisa MacLeod: To the Acting Premier: Tomorrow morning, the government agencies committee meets to consider whether Patrick Dillon should be given his newest appointment, but it’s going to be hard to figure out how he will find the time, given that since the last election Dalton McGuinty has appointed Dillon to the board of Infrastructure Ontario and to the Workplace Safety and Insurance Board. Dillon gets $550 a day for his appointment to the Infrastructure Ontario board and $225 a day for his appointment to WSIB. How much more will Ontario families be forced to pay for this latest plum appointment of your Liberal attack dog?

Hon. John Milloy: The legislation establishing the college of trades has put together a council of nine individuals to do the preliminary work. I am very proud of the representatives on this council, who come from all aspects of the Ontario apprenticeship and training system. We have individuals who are involved in youth apprenticeship, people from the community college sector, people from the private sector. Yes, we have nominated Pat Dillon, who represents an important part of the apprenticeship training sector in this province.

The union and employer-union training sector punches far above its weight in terms of the amount of apprenticeship training that goes on, and we feel it is important to have their voice at the table when we talk about issues facing apprentices.

Since we’ve come to power, we have doubled the number of apprentices in the province of Ontario, from 60,000—

The Speaker (Hon. Steve Peters): Thank you. Final supplementary.

Ms. Lisa MacLeod: Back to the Acting Premier: Let’s talk about Patrick Dillon. His experience on the WSIB hardly qualifies him for an appointment. Dillon signed off on hospitality, limousines and a GPS expense for former Liberal cabinet minister and current WSIB chair Steve Mahoney, but this is nothing compared to Dillon and Working Families spending $7 million on anti-PC attack ads that effectively doubled the Liberal Party’s ad purchase in the last two elections.

Why is Dalton McGuinty pushing for someone who breaks Ontario’s election laws to have even more influence in their government?

Hon. John Milloy: Expert after expert has told us that one of the greatest challenges facing Ontario is replacing the supply of skilled labourers. We took the initiative, the first jurisdiction in the country, to establish the college of trades. The college of trades is to be a clearing house where all voices will be heard. One of those important voices is unionized labour, which is responsible for a great deal of the apprenticeship training that goes on in the province of Ontario.

I make no apologies that we have a representative from the unionized sector who can talk about the experience there, who can talk about their successes and can meet with people from other sectors of the economy to talk about how we can have the strongest apprenticeship system in the country and how we can address the skills shortage that will be facing Ontario in the years to come.

GOVERNMENT APPOINTMENTS

Ms. Lisa MacLeod: Maybe the fourth time is the charm. To the Acting Premier: Dillon and Working Families have seen the inside of the Premier’s office and those of senior McGuinty Liberal cabinet ministers. In June 2007, mere months before the provincial election, Dillon met with former Liberal campaign chair and finance minister Greg Sorbara in his ministerial boardroom. No notes were taken at the meeting, but weeks later, Dillon and Working Families released anti-PC attack ads that helped the Liberal election campaign.

Will you come clean and tell Ontario families and this House what was discussed at that meeting?

Hon. Dwight Duncan: Members of the cabinet meet routinely with leaders of the union movement and leaders of the business community.

Hon. James J. Bradley: Paul Godfrey.

Hon. Dwight Duncan: For instance, my colleague reminds me, I had the good opportunity to appoint Paul Godfrey as the head of Ontario Lottery and Gaming, a very prominent Conservative. He is serving the province of Ontario very well.

Mr. Dillon serves the province very well. He is the elected leader of the building trades movement in Ontario. They are an important part of our economy.

We will continue to meet with the elected representatives, and we will continue to appoint people from across the political spectrum. We just reappointed Dave Cooke, for instance, to the Education Quality and Accountability Office. These are important appointments, and these—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Ms. Lisa MacLeod: It says something about Dalton McGuinty that he won’t distance himself from the Working Families Coalition or Patrick Dillon. What’s worse is that Mr. McGuinty is bringing the directing minds of the Working Families Coalition into his government. Dillon, the chief spokesman for Working Families, spent $7 million on anti-PC attack ads, and the Premier wants to give him a third political appointment in just three years. To date, Working Families has received $29 million in taxpayer money.

So I ask you: What makes Dalton McGuinty think public appointments and taxpayer money can be handed to those who helped the Ontario Liberals overspend in election limits?

Hon. Dwight Duncan: Perhaps it’s the member’s inexperience, but the first government that appointed Mr. Dillon was the previous Conservative government. I see the former Minister of Labour shaking her head in agreement. And by the way, you appointed him to the board of the WSIB.

I regret that this kind of question would be asked here and that the character of Mr. Dillon would be assailed in this fashion. I applaud the previous government for having appointed Mr. Dillon, recognizing his expertise in labour matters. We renewed his appointment. We have appointed Conservatives and appointed New Democrats. The sucking and blowing coming from over there is deafening.

The Speaker (Hon. Steve Peters): Final supplementary.

Ms. Lisa MacLeod: The problem with the Acting Premier’s answer is that no one believes you. Patrick Dillon had a secret meeting—

Interjections.

The Speaker (Hon. Steve Peters): Order.

Acting Premier.

Ms. Lisa MacLeod: It’s a question.

The Speaker (Hon. Steve Peters): Finish your question.

Ms. Lisa MacLeod: Thank you very much, Mr. Speaker.

Patrick Dillon had a secret meeting with your campaign chair. Dillon’s pollster of choice is Don Guy, who conducted polling on the anti-PC attack ads during the last campaign while running the Liberal election campaign, and then he became Mr. McGuinty’s chief of staff. The relationship is incestuous.

Is Patrick Dillon getting these political appointments as part of a deal to help you break Ontario’s election laws?

Interjections.

The Speaker (Hon. Steve Peters): Order. I’d ask the honourable member to withdraw that last comment, please.

Ms. Lisa MacLeod: I withdraw.

The Speaker (Hon. Steve Peters): Acting Premier.

Hon. Dwight Duncan: Mr. Dillon served on the WSIB from 1996. I would congratulate the former labour minister for appointing him.

The absolutely spurious comments that the member just withdrew are a real sham and reflect very badly on this House, particularly on the integrity of the questioning going on.

We will continue to make appointments like Mr. Dillon. Tonight, that member’s party is having its big fundraiser. I note that her first comment was about American-style politics, and I would also note that the folks behind the Shoppers Drug Mart—or one of the individuals behind that is a campaign manager for the Leader of the Opposition. I just think that the utter hypocrisy speaks very poorly of that caucus, of the double standard that they—

The Speaker (Hon. Steve Peters): Thank you. New—

Interjections.

The Speaker (Hon. Steve Peters): Order. Stop the clock.

Interjections.

The Speaker (Hon. Steve Peters): Minister of Economic Development; Minister of Municipal Affairs; Minister of Agriculture; Government House leader.

Interjection.

The Speaker (Hon. Steve Peters): I believe that one was the member from Willowdale.

The member from Oxford is not being helpful, either.

Mr. John Yakabuski: You’re doing well on voice recognition.

The Speaker (Hon. Steve Peters): I could close my eyes and tell who is speaking. The sad

part is, it’s only a few of them. Some voices I wouldn’t recognize because I don’t hear them.

New question.

RURAL HEALTH SERVICES

M me France Gélinas: Ma question est pour le premier ministre adjoint. In April 2009, we had a huge demonstration right here on the lawn at Queen’s Park. People were protesting cuts to rural hospitals. The government responded to this outcry by announcing the rural and northern health care panel. The citizens had been heard, or so we thought. It took until June before the members were appointed and October before we saw the mandate of the panel. But what a shock: Their mandate did not include hospitals. So 13 months later, what have we got?

A largely inactive rural panel which has not yet held a single public, open consultation. Why is rural health such a low priority for the McGuinty government?

Hon. Dwight Duncan: To the Minister of Health.

Hon. Deborah Matthews: The guiding principle for our government is that Ontarians should have access to the finest possible health care, no matter where they live in this province. But there’s no question about it: People who live in rural and northern parts of this province do face different challenges when it comes to accessing that very fine health care system. We are absolutely committed to making the kinds of changes to our health care system so that all Ontarians do have access to that very, very fine care.

That’s why we have created the northern and rural panel. I look forward to their recommendations. They have done some very good groundwork, but it’s just the beginning of the conversation. As we move forward, we will be going to public consultations, where we will make some very important refinements to our health care system so that people do get that health care.

The Speaker (Hon. Steve Peters): Supplementary?

M me France Gélinas: The government has the resources to conduct wide consultations throughout rural and northern Ontario.

But here’s what people have to say about the existing panel: “The government’s rural and northern panel has refused to meet with local stakeholder groups and” is “conducting its review behind closed doors. No patient advocates, public interest groups and local community groups have been allowed to meet with the panel.”

The Ontario Health Coalition stepped up to the plate. They got a seven-member panel together, organized 12 public meetings, listened to 1,150 residents and received and reviewed 487 submissions.

My question is simple: Why has the McGuinty government not directed its appointed expert panel on rural and northern health care to hold any public consultations?

Hon. Deborah Matthews: I’m very happy to have the opportunity to clarify what the process is when it comes to the rural and northern panel on health care.

The first phase is the phase that is coming to a close, and that is where we are consulting on the five big questions facing northern and rural health care. The next phase is a broad public consultation, community consultations. The third stage is the development of that provincial framework.

I do know that the member opposite is anxious for this process to unfold, as are we. We are committed to providing the best possible health care to all Ontarians.

The Speaker (Hon. Steve Peters): Final supplementary.

M me France Gélinas: It has been 13 months, and we are no further ahead. There are still cuts happening in rural and northern Ontario, and there’s no end in sight.

I want to congratulate the Ontario Health Coalition for its work, for giving a voice to the people in rural and northern communities who are worried about their health services. Today they will be presenting their full report. I had the privilege to participate in the hearings, and even I was shocked by the horror stories that I heard in community after community.

Why is rural health not a priority? When is the minister going to take concrete action to bring access, equity and democracy to rural and northern health care?

Hon. Deborah Matthews: I have to take exception to the assertion of the member opposite that this is not a priority for our government. It absolutely is a priority. We have made significant investments in rural Ontario. If you look at the family health teams that have been created across the province in our rural areas, they are making a profound difference for people in those communities. Last week, we announced the next wave of proposals for nurse practitioner-led clinics; again, a remarkably fine innovation in the establishment of clinics that will serve people, particularly in communities where the need is the greatest.

We will continue to work to improve care for people in rural and northern Ontario.

RURAL HEALTH SERVICES

M me France Gélinas: Ma question est encore pour le premier ministre adjoint.

The Ontario Health Coalition travelled to 12 communities and heard from the people about their experiences, something that the government, so far, has refused to do.

I remember hearing from the family of Reilly Anzovino. This young woman tragically died in a car accident this winter. The crash occurred four kilometres away from the closed Fort Erie hospital emergency department. Reilly died before she got to the next hospital, and now the coroner is investigating.

I remember Fran Renoy in Picton, who documented how her local hospital has systematically been stripped of services since being amalgamated.

Why is the McGuinty government not seeking input from residents in rural areas? Why does the McGuinty government not seem to care about the experiences of Ontarians who live—

The Speaker (Hon. Steve Peters): Thank you. Acting Premier?

Hon. Dwight Duncan: To the Minister of Health.

Hon. Deborah Matthews: Maybe I will repeat the answer to the earlier question: The rural and northern panel is in the first phase of the development of a strategy to address rural and northern health challenges—the first stage. The second stage will involve that kind of broad consultation.

This is very important work. It’s important that we get the perspective of the entire spectrum of people who have part of the solution and who have had part of the experiences that the member opposite has spoken about.

I look forward to receiving the report of the Ontario Health Coalition. I understand that it was distributed to some, but not to me, so I look forward to getting that report. I will take it very seriously, and I look forward to the continuation of our process in developing northern and rural health policies.

The Speaker (Hon. Steve Peters): Supplementary?

M me France Gélinas: Can I repeat that it has been 13 months and we have seen nada? In Desbarats and St. Joseph Island, the panel heard from Bill Wallace and Diana Rose. They explained that the local hospital is vital to the economic and social development of the island and surrounding communities. People have chosen to retire here because there is a hospital. It is vital also for young families with children or people with health problems. Tourists who flock to the island in the summer need access to hospital services.

In general, the hospital is seen as security, critical for health care and extremely important in the maintenance and improvement of the social and economic development of the island.

Minister, why is your panel not talking to the people of St. Joseph Island, whose hospital is being threatened, 13 months after the fact?

Hon. Deborah Matthews: This gives me an opportunity to talk about one of the very important initiatives that we have undertaken that will really make a difference for people in rural and underserviced areas. The NRRR program, the northern and rural retention program, will greatly enhance the amount of money and incentives that we can offer physicians to locate in those northern and rural communities. We had a program that simply wasn’t addressing the problems of today. We have embarked on this new program, which is already showing results.

We’ve already heard about doctors who have located in northern and rural areas. They are setting up practices. They are serving people. It is a tremendous success already, and it’s only a couple of months into this new program. That’s just one example of what we are doing—

The Speaker (Hon. Steve Peters): Thank you. Final supplementary.

M me France Gélinas: The NRRR is never going to take the place of a community-based hospital in rural Ontario. Once the hospital services are gone, part of the community fabric falls apart. The Ontario Health Coalition has done the work. They have written a very detailed report of what they’ve heard from across the province.

You see, because many hospitals in rural areas are amalgamated, the local residents do not have a say. The hospital corporation, located kilometres away, decides which sites it wants to operate and which sites it wants to close, no matter where the needs are, just to balance the books.

Will the McGuinty government commit to reviewing the Ontario Health Coalition report and take timely action on behalf of rural and northern residents?

Hon. Deborah Matthews: I absolutely will. I already have committed to taking a very serious look at the Ontario Health Coalition’s report. It is the perspective of a certain group of people who have taken a hard look at our health care system.

But I do have a question for the member opposite, and perhaps she would undertake to respond to me. One of the recommendations, I understand, in the report is the elimination of the community voice in our health care system, the elimination of our local health integration networks. I’m curious to know whether this is a move backward into more control by the centre that the member opposite would, in fact, support.

APPOINTMENTS PROCESS

Mr. Jim Wilson: My question is for the Acting Premier. I want to say to the Acting Premier that Patrick Dillon has his head so deep in the patronage trough that he needs a snorkel to breathe. You people are a disgrace in what you’re doing.

While Patrick Dillon’s anti-Tory campaign doesn’t stop him from advancing in the McGuinty government, apparently Dalton McGuinty has no place for those with the integrity of André Marin. The Premier appears to be blocking Marin’s reappointment as Ombudsman. You get rid of Marin and you get rid of his LHIN report. The Premier has done nothing to stop backroom staffers and Liberal insiders from smearing Marin’s reputation.

Media reports say that you’ve been promoting former Liberal MP Susan Whelan for the job. Acting Premier, what makes you think you can get away with trying to install a member of the Liberal family in this important office?

Hon. Dwight Duncan: I’ll remind the member opposite what the Premier has said repeatedly both here in the House and in media interviews: that many of the recommendations coming from Mr. Marin’s reports have been acted upon by the government. We believe that the course of action we’re looking at in conjunction with the parties opposite is the appropriate way to look at positions such as the Ombudsman’s. Advertising, as I understand it, during the first round was not as extensive as we may have liked. We’ve discussed earlier in the day the views expressed by both opposition parties.

We recognize, as does the NDP, and the member for Welland had indicated earlier that it is important any time these positions come open to advertise and see who is available—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Mr. Jim Wilson: It says something about Dalton McGuinty in that he hasn’t condemned Liberal insiders who defamed André Marin. If he gets his way, Dalton McGuinty will have a not-so-independent Ombudsman who can kill Marin’s LHIN report.

Dalton McGuinty needs to show more respect for his office and, more importantly, the Ombudsman’s office. So I ask the Acting Premier: Where in the job advertisement for the Ontario Ombudsman did it say only Liberal cronies could apply?

The Speaker (Hon. Steve Peters): I’d just ask the honourable member to withdraw that last comment, please.

Mr. Jim Wilson: Withdrawn.

The Speaker (Hon. Steve Peters): Acting Premier.

Hon. Dwight Duncan: I understand that the committee that’s been charged by the House with looking at this ran an advertising campaign that was approved and agreed to by the parties. My understanding is that there’s a desire to look at a wider opportunity to seek out more applicants. We think it’s important. Again, Mr. Marin has served the province well. My understanding is that he intends to apply to continue to serve as Ontario’s Ombudsman, and we look forward to the process yielding a recommendation with respect to the Ombudsman who will serve this province for the next several years.

WATER QUALITY

Mr. Peter Tabuns: My question is to the Minister of the Environment. Later this week, we’re going to be hearing a lot about water and this government’s plan for it, but as of today—today—Ontario has 435 outstanding boil-water advisories. That’s 10 years after Walkerton.

Do you have a plan to ensure that all Ontarians have clean water?

Hon. John Gerretsen: I thank you very much for the question because it allows me to talk about what we’ve done as a result of the tragedy at Walkerton. There are some good things that came out of that, even though it was a tragedy itself, which we all acknowledge.

Let’s talk about the 119 drinking water inspectors that we have hired since that time who, on a daily basis, look after the drinking water situation here in the province of Ontario by inspecting municipal drinking water systems. We can also talk about the 19 source water protection committees that are doing excellent work right now in mapping out and planning out the sources of the various water supplies around this province, whether it’s river or stream water or whether we’re talking about groundwater. We can talk about the 17,000 new and existing drinking water professionals who have been trained so far at the Walkerton Clean Water Centre. A lot has happened, including—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Mr. Peter Tabuns: When a minister doesn’t address the question by saying when he’s going to deal with 435 boil-water advisories, that says to me that the minister doesn’t have an answer at all. But I’ll try: When are you going to protect those people who are currently dealing with boil-water advisories? When are you going to take that on?

Hon. John Gerretsen: As a result of the Walkerton inquiry, we have implemented each and every one of the recommendations that were made by Justice O’Connor. It is true that a lot of work has been done in the whole area of providing Ontarians with clean drinking water. More can always be done. Obviously, we are concerned with any drinking water order that’s out there right now. We are addressing those issues on a day-to-day basis.

MEMBER’S COMMENTS

Mr. David Zimmer: My question is for the Minister of Tourism and Culture. This weekend there was a press release issued on behalf of the Conservative Party and its member for Simcoe–Grey. It said—sneeringly, I might add—that the Blue Mountain Resort was the host of a swanky Liberal policy conference. It implied that it was suspect for people to go to Collingwood, and this from a member who says he lives “in a part of the province that’s very much dependent on tourism.” Thousands and thousands of people go there. The member from Simcoe–Grey seems to miss the economic benefits of an attraction like Blue Mountain.

The member’s comments don’t support tourism, jobs or economic growth in Simcoe or in Collingwood.

Minister, unlike the Conservative member for Simcoe–Grey, what are you doing to—

The Speaker (Hon. Steve Peters): Thank you. Minister?

Hon. Michael Chan: I want to thank the member from Willowdale for the question. The release by the Conservatives is simply outrageous and backwards. This is not how you attract visitors, jobs or economic growth. The member from Simcoe–Grey needs to stand up for local tourism. He needs to stand up for local attractions and he needs to stand up for local jobs. Talking down one of Ontario’s top tourism destinations does not support tourism in Collingwood or in Ontario. Communities like these depend on a strong and vibrant tourism industry. The last thing these communities need is a party that tells the whole world not to visit Collingwood.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. David Zimmer: Collingwood is a great place, and the member for Simcoe–Grey should know that. He should support Collingwood. Here is what I found really odd when he criticized us for our policy conference there. It was very odd because about five years ago he called it a relaxed, informal place and then he went and organized a $125-per-ticket reception at the same facility to recognize—

Interjections.

The Speaker (Hon. Steve Peters): Order.

Mr. Gerry Martiniuk: Hit man from Willowdale.

The Speaker (Hon. Steve Peters): That’s not helpful, member from Cambridge.

Interjection.

The Speaker (Hon. Steve Peters): And that’s not helpful either, Minister of Economic Development.

I’m quite comfortable just to let the clock run. I would just remind the members that we are here to do business. I would remind members on both sides of the House too that personal attacks are not helpful—and I’m going to be adding a little more to that in a few moments—personal attacks on a member in a question are not helpful at all.

With that, I am moving to a new question. The member for Dufferin–Caledon.

CHILDREN’S AID SOCIETIES

Ms. Sylvia Jones: My question is for the Minister of Children and Youth Services. Last year, a record 37 children’s aid societies were forced to file

section 14 reviews with your ministry after their budgets were cut. Many had to draw from a line of credit last year in order to provide mandated services, and many are starting this fiscal year with a deficit. Now, 11 children’s aid societies have filed for a judicial review of the

section 14 process.

Minister, I asked you last week but you did not answer: Can you share with the many children’s aid societies who are here at Queen’s Park today when the last time was that a judicial review had to be filed by a funding partner?

Hon. Laurel C. Broten: I want to welcome the leadership of the OACAS and all children’s aid societies here today to talk about this terrifically important issue, and that is how we can work together to ensure that we have better outcomes for Ontario’s kids.

In 2010-11, we will invest more than $1.4 billion in child protection service in this province. That provides us with a tremendous opportunity ahead of us to look at this important investment and make sure that we are all working towards better outcomes for Ontario’s kids. That is exactly what we are doing. We’re working through our commission to promote the sustainability of children’s aid societies, to find a pathway to sustainability, to ensure that the outcomes lead to better outcomes for Ontario’s kids.

Something that we all agree on is the key focus and key priority of every CAS across the province and of our government as well as—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Ms. Sylvia Jones: The minister did not answer my question. You know very well that the services provided by children’s aid societies are mandated through legislation. They cannot shut their doors or turn families away, but many children’s aid societies, like Durham and York, have been forced to cut front-line workers.

Children’s aid societies across Ontario are here today because they are struggling. In 2010-11, many are projecting a deficit situation again. Minister, clearly, filing a judicial review is an unprecedented move on behalf of children’s aid societies and the 11 that were forced into it, and an indication to me of just how out of touch you are as the minister on what their responsibilities are. How could your relationship with the children’s aid societies deteriorate so quickly?

Hon. Laurel C. Broten: I’m very pleased to talk about the fact that we are on the side of Ontario kids here in this government. I’m going to remind the member opposite about the increases that we have seen in funding for children’s aid societies in the past 10 years: from $500 million to $1.4 billion. That $1.4 billion is spent on better outcomes for kids.

I want to remind the members opposite what their record was with respect to children. You froze children’s mental health base funding for your whole term in office. You cut off kids with autism at age six. You slashed thousands of child care subsidies. You attempted to muzzle the child advocate. And in this House, while we’ve sought to increase services for kids, you voted against child care spaces, you voted against recent increases for children’s treatment centres and you voted against the Ontario child benefit.

On this side of the House, we are on the side of Ontario’s—

The Speaker (Hon. Steve Peters): Thank you. New question.

TAXATION

Mr. Peter Tabuns: My question is to the Acting Premier. Your government told cities and towns across the province not to worry about the harmonized sales tax. It won’t affect municipal budgets. The HST is supposed to be revenue-neutral for municipalities. Why does Sudbury expect the HST to cost the city $450,000 every year?

Hon. Dwight Duncan: To the Minister of Revenue.

Hon. John Wilkinson: I appreciate the question. I’ve had an opportunity to meet with municipal leaders right across this province. I, first of all, want to thank the Minister of Finance, who set the reimbursement rate on the provincial portion of the HST at 78%. That is leading the country when it comes to support by a province to its municipal partners, and I want to thank him for that.

In regard to the question, specifically, I have had an opportunity to meet with many clerks and treasurers from across the municipal sector getting into the details of how they can ensure that their municipality is held whole. As the minister has said, the 78% reimbursement is for the broad municipal sector, as we have for many others in the MUSH sector.

I’d be more than happy to help the good people of Sudbury take a look at how they are applying this rule and the assumptions they are making. As I have done that, municipalities increasingly have come to the conclusion that they’re actually in a slightly better position—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Mr. Peter Tabuns: Minister, not only are our cities and towns left paying more; people who use municipal services will pay more too. In Sudbury, a three-month swimming pool pass will jump by $6; ice time in Windsor going up $11; renting a baseball diamond in Wiarton is going up nearly $20.

How can the Liberals claim that the HST won’t affect municipalities when it’s going to cost towns, cities and the people who rely on these services hundreds of thousands of dollars more every year?

Hon. John Wilkinson: As I have mentioned, as we have been dealing with municipalities—for example, the city of Peterborough finds that they will be $600,000 ahead.

Here is what municipalities and their constituents, who are our constituents, have said: “We need more people working in the province of Ontario.” On this side of the House, we have a plan that will see 591,000 more people working in this province. On that side of the House, their advice to us is, “Do nothing.” We reject that.

On this side of the House, we have a plan that will see some $47 billion worth of more investments into our municipalities. On that side of the House, they say, “Do nothing.” We reject that advice.

We have dealt with municipalities. They appreciate the support, and they understand that for us to be able to support our municipalities, we need people working. That’s exactly why we are reforming—

The Speaker (Hon. Steve Peters): Thank you. New question.

PHARMACISTS

Mr. Dave Levac: My question is for the Minister of Health and Long-Term Care. As many members already know all too well, Big Pharma and others have been bombarding my constituents with confusing calls from telemarketers and other propaganda in order to encourage and trick them into opposing the reforms of the Ontario drug system.

I have been hearing from countless constituents who say that enough is enough. They are sick of being confronted with negative adverts, misleading literature, invasive phone calls and push polls. They have asked me, as their MPP, to stand up for them, take action and bring clarity to the issue.

The local pharmacists whom I’ve met with agree with me that we need to lower the temperature and talk. Could the minister tell this House what my constituents should do in response to these American-style political campaign letters, push polls and phone calls?

Hon. Deborah Matthews: I urge all Ontarians to get the facts, the whole story about our proposed drug reforms. These facts will give them the information they need when they get these misleading and intrusive phone calls at their home. The website ontario.ca/fairdrugprices is the place to go to get that information.

Fair drug prices—that is what we want to do in this province, and that is what our reforms will lead to. Our reforms will save some diabetes patients almost $1,000 every year on the cost of their medications. Patients suffering from acid reflux or ulcers could save more than $250 a year. These are just a few examples; there are many, many more. That is why we have the support of the Heart and Stroke Foundation, the Canadian Cancer Society and so many other health care advocates.

The members opposite—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Mr. Dave Levac: I recently wrote a letter to Mr. Jürgen Schreiber, the CEO and president of Shoppers Drug Mart, asking him politely to stop this Washington-style manipulative campaign, but it has recently come to my attention that I might also want to ask the opposition to do the same.

It is my understanding that the Leader of the Opposition’s own campaign manager, Mark Spiro, may be the mastermind behind this big pharmacy, American-style smear campaign, that he’s leading the charge to manipulate and scare people in my riding in an attempt to preserve the status quo.

Could I ask the minister if she could tell this House how this government is dealing with this Washington-style dirty-trick campaign?

Hon. Deborah Matthews: I do find it rather interesting that the party opposite has chosen to take the side of the big pharmacy chains against the people of Ontario and lower drug prices for Ontario families.

But I want to put politics aside here and focus on what it is we’re trying to achieve. We are focused on getting lower drug prices, fairer drug prices, for the people of Ontario. We want to explain to the man with epilepsy that once our reforms are in place, he could save perhaps $400 a year in medication costs. We’re telling a woman working at a minimum-wage job that she could save $80 or more on her birth control pills every year.

I want big chain drug stores and the members opposite to understand that our government is standing up for hard-working taxpayers. We are determined to get the very best value for every dollar we spend in health care.

ANIMAL PROTECTION

Mr. Frank Klees: To the Acting Premier: The events of this week have undermined the public’s confidence in the OSPCA. That confidence will only be restored if the public is convinced that a truly independent investigation has taken place, is told the truth about what happened in York region, and is assured that the necessary oversight is in place to ensure that it can never happen again. That public confidence will not be restored if the OSPCA is allowed to commission and oversee its own investigation.

I’m asking the Acting Premier: Will he agree with me that the only way to restore that public confidence is for the Minister of Community Safety to appoint an independent investigator who will have that report back to him and to this Legislature—

The Speaker (Hon. Steve Peters): Thank you. Acting Premier?

Hon. Dwight Duncan: The members of this House, and indeed all Ontarians, were deeply troubled by the circumstances last week. I believe that the government has followed the legislation carefully. The OSPCA, as I understand it, is appointing a review of this matter with independent veterinarians and advisers. That process will yield, I suspect, recommendations with respect to how to move forward to avoid these sorts of circumstances again.

We will continue to monitor what’s happening. The independent investigation that’s going on, I believe, is appropriate in the circumstances to help satisfy the concerns that have been expressed by so many Ontarians.

The Speaker (Hon. Steve Peters): Supplementary?

Mr. Frank Klees: I fail to see why the government continues to let the OSPCA twist in the wind. The board admitted that that organization and its board made serious mistakes. Now the government is allowing that same board to appoint an investigator to investigate itself. This does nothing to restore public confidence.

I’m going to ask the minister one more time: Will he and his government do the right thing and take control of this file, appoint the independent investigator, require that that report comes back to the minister, not the board, and to this Legislature so that we can find out what went wrong, who was responsible and ensure this never happens again?

Hon. Dwight Duncan: I remind the member opposite that the OSPCA is an independent organization, as established by legislation that was approved by this House. There have been, over time, a number of changes to the act. Governments have recognized that animal welfare is best left to veterinarians and animal care experts.

I believe the OSPCA has taken the appropriate steps in this case, and that their findings will, hopefully, help avoid the very unfortunate circumstances that all of us witnessed last week and lead to a stronger system of protection of animals in Ontario going forward.

HUMAN RIGHTS

Ms. Cheri DiNovo: My question is to the Attorney General. Today is the International Day Against Homophobia, and for the third time, I, on behalf of trans groups across Ontario, am introducing Toby’s Act to add gender identity to the Ontario Human Rights Code.

Barbara Hall, as chair of the Human Rights Commission, agrees, and the commission twice has called for this, dating back to 1999. It’s time to deliver on trans human rights. Why won’t the Attorney General act?

Hon. Christopher Bentley: It is important that today we all stand together and recognize that discrimination based on homophobia and transphobia is simply not acceptable. We stand together today, and we stand together every single other day of the year.

I was at a launch this morning of the website mygsa.ca, created by Egale. The work that Tara Elliott and Egale are doing is extremely important.

I want to make one thing clear to all members of the Legislature and all those who are watching: We do have protections in our human rights system that guarantee the very goal that my friend speaks about. The law is clear; the legislation is clear; the protections exist. Let’s make sure everybody understands that, as of today.

The Speaker (Hon. Steve Peters): Supplementary?

Ms. Cheri DiNovo: Absolutely not; it is not clear.

The Alberta Supreme Court has said that non-enumerated rights do not hold up. The Trans Pulse project has actually looked at over 400 transfolk in Ontario, and they say they’re not protected by the Ontario Human Rights Code. The Ontario Human Rights Code says it needs gender identity in the Ontario Human Rights Code to protect transpeople.

How many more times do transfolk, on the day to end homophobia, have to come begging to the McGuinty Liberals before they will act to protect them?

Hon. Christopher Bentley: There is always more to do about education, about ensuring that we strengthen the protections we have, about making sure that everybody in society, everybody in Ontario, understands that we stand and must stand as one on this issue.

But I do not want anybody to take my friend’s question and think or believe or be uncertain—the protections in law exist today. I say that to those who may need to access them. I say that to those who may think they can get away with discrimination. There is no acceptance and no tolerance in the law. Be clear: The law is clear, the protections exist, and the human rights system is there for the protection of all those in the—

The Speaker (Hon. Steve Peters): Thank you. New question.

CHILDREN’S AID SOCIETIES

Mrs. Liz Sandals: My question is for the Minister of Children and Youth Services.

Ontario’s 53 children’s aid societies provide important services to keep families together and to protect children and youth and help them reach their full potential; for example, Family and Children’s Services in Guelph has an amazing foster care program. To do this, CASs rely on a wide network of volunteers and committed staff, many of whom are here today at Queen’s Park talking about the important services that they provide in communities across Ontario.

Government also has a significant role to play in supporting vulnerable children and youth. Just today, the Laidlaw Foundation released a report talking about what governments, both provincial and federal, can be doing to better support crown wards.

What is our government doing to support children’s aid societies, Minister?

Hon. Laurel C. Broten: I’m very pleased to have a chance to talk about the more than $1.4-billion investment that we are making in child protection services across the province. Those resources are in addition to the variety of services that are provided to children and youth and their families to make sure that we can have a society where we have better outcomes for kids.

I want to speak directly to the volunteers and the volunteer board members who are part of children’s aid societies, because they are the ones who deliver on the vision of more than 100 years ago when J.J. Kelso said that we needed to work in communities to protect Ontario’s kids. They do that in communities across the province. We look forward to being their partner and walking toward a pathway to find a sustainable future for child protection in this province and, at the same time, find better avenues to protect Ontario’s kids and give them the outcomes that we want them all to have.

Mrs. Liz Sandals: Minister, I’d like to thank you for taking time to recognize the volunteers and front-line staff. However, recognizing those contributions alone isn’t enough.

I’m hearing from the CAS in my riding—Family and Children’s Services of Guelph and Wellington County—that it has been very difficult for CASs to manage within their funding envelope. On the other hand, overall government funding for CASs has increased by over $1 billion in the last 10 years, from about $500 million in 1999 to over $1.4 billion this year. That kind of growth isn’t sustainable in good times and certainly isn’t sustainable in these tough economic times.

Can the minister please tell the House what work is being done to ensure the long-term sustainability of children’s aid?

Hon. Laurel C. Broten: I want to thank the member for Guelph for her advocacy and for her leadership on this file in her community.

The children’s aid society of Guelph is doing very important work, and they are part of the children’s aids across the province who are working hard to improve the outcomes in the child protection system. Thanks to the changes realized through the child welfare transformation and the hard work of CASs across the province, like in Guelph, fewer kids are coming into care and more kids are getting the chance to succeed in permanent homes.

But the funding growth that the member spoke about is simply not sustainable, and that’s why we have taken the action of creating the Commission to Promote Sustainable Child Welfare to start down a path with CASs to ensure a sustainable future. But most importantly, our priority focus is ensuring that Ontario’s kids have the best possible outcomes, that we give them every opportunity and that we continue to work as a collective to make sure that vision is a reality.

TAXATION

Mr. John Yakabuski: My question is for the Acting Premier. Liberals who gathered with elites over the weekend gave rapturous applause to Jeff Rubin when he called for a carbon tax. The former Mayor of Winnipeg, the Liberal member for downtown Toronto, is tweeting to rally support for your new carbon tax. Are you people so addicted that you’re planning your next new tax grab when you haven’t even fully implemented your $3-billion HST tax grab?

Hon. Dwight Duncan: We have embraced cap and trade as a way of moving forward on climate change and reducing greenhouse gases. Our government has joined the Western Climate Initiative and a number of other opportunities. We have also embarked on a policy of closing all of Ontario’s coal-fired generation plants by 2014. My understanding is that we are producing much less CO 2, resulting from our ability to close down Lakeview in Mississauga and beginning to start to shut down the furnaces in other coal-fired plants.

That is our government’s response to climate change. We have not in the past, nor do we now, advocate a carbon tax. We will continue to work on the cap-and-trade system and look forward to what happens, particularly with the United States—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Mr. John Yakabuski: They denied they’d be coming in with the HST at one point, too. There are 45 days left before Dalton McGuinty starts taking 8% more from the pockets of Ontario families, and the surprises just keep on coming.

The HST applies to some items now. Tax collectors who won’t miss a day of work get severance. You’re raising prices to pocket more profit, and so will business. You knew the HST wasn’t revenue-neutral but you said it was. Now you’re planning to bring in a job-killing carbon tax, and we haven’t even talked about your energy price increases and your backdoor energy tax grab. After six years, Dalton McGuinty has become too arrogant and out of touch.

What makes you think you will get away with your latest plan to attack and empty the pocketbooks of Ontario families?

Hon. Dwight Duncan: With respect to the HST, the member knows full well that our comprehensive tax package will actually reduce taxes for all Ontarians. I’ll remind him of what his former leader said just on May 10. This is Mr. John Tory speaking: “I think [Hudak] has not acknowledged something that pretty well everybody else has. A lot of people call and say it is going to help with productivity and job creation and investment and the cost of capital. So I felt dishonest if I came out and said I was four-square against it because that benefit is significant.” John Tory’s right, Jim Flaherty’s right, Cheryl Gallant’s right, John Baird’s right—a whole range of federal Tories.

That policy will create jobs, and that party still hasn’t said whether or not they’re going to repeal it. I’d invite the member for bluster to come clean on that—

The Speaker (Hon. Steve Peters): Thank you. New question.

POVERTY

Mr. Michael Prue: My question is to the Acting Premier. More and more Ontarians are struggling with poverty despite the McGuinty government’s promise to actually reduce poverty. More residents of Toronto are waiting for affordable housing, they’re turning to food banks, and they too are falling into poverty.

During the recent by-election campaign, the government’s candidate and now-MPP for Toronto Centre promised that this government would develop neighbourhood plans to address pressing needs in Regent Park, St. Jamestown and other downtown poor neighbourhoods within 100 days of the election. Well, 100 days have passed. Can the Acting Premier tell us where the downtown Toronto neighbourhood plans are, and will the Acting Premier and the government share them with this House?

Hon. Dwight Duncan: We have advanced an anti-poverty agenda for many years. The new member has undertaken extensive consultation within his constituency around these neighbourhood plans. We have taken action across a range of files. For instance, the Ontario child benefit, which we have raised this year and that member voted against, will affect every poor neighbourhood in Toronto very directly. In terms of raising the minimum wage, which we have done continually, that affects every poor neighbourhood, every challenged neighbourhood in Toronto and, indeed, right across the province.

By setting out a poverty strategy, which many experts have cited as a leading example of how to proceed, that will benefit every neighbourhood in Ontario. It’s important.

Finally, I will remind him of what Hugh Mackenzie and the Canadian Centre for Policy Alternatives say: that this government’s tax policy helps Ontario’s poorest people. It helps lift them out of poverty, helps reduce barriers. There’s more to do—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Mr. Michael Prue: In the past 100 days, the two key things the McGuinty government have done around poverty are that they have cut the special diet allowance and they have shortened and delayed the Transit City lines that poor people rely on to get around.

Election promises are serious things, particularly when they are made to people in need. But there is no mention of neighbourhood plans or public meetings to develop such plans on any government website, despite the fact they were promised by a government member during the campaign and since the time he has been in this House.

How many hundreds of days more will people in Toronto Centre and in the downtown core of Toronto have to wait for the promised neighbourhood plans?

Hon. Dwight Duncan: The member opposite first of all did not, in my view, correctly characterize the initiatives we have taken with respect to transit in this community and elsewhere. But I would remind the member opposite that the Ontario sales tax credit of $260 for each adult and child is permanent; it will reflect relief for 2.9 million Ontarians. That member and his party voted against it. A family of four with an annual income of $25,000 will permanently save $1,040.

Again, I need to go back to the Ontario child benefit, which goes into each and every neighbourhood in Toronto, each and every neighbourhood across our urban centres and, indeed, across rural areas throughout the province. That member voted against it, which is most unfortunate.

Finally, we are creating full-day learning for our four-year-olds and five-year-olds. That—

The Speaker (Hon. Steve Peters): Thank you.

USE OF QUESTION PERIOD

The Speaker (Hon. Steve Peters): Just a few comments to the members of the Legislature who are here, and I can assure you I will be repeating these comments at the beginning of a question period as well.

I’ve had the privilege to serve in this chair since November 28, 2007, and this was one of the worst question periods I’ve experienced, and I’m saying it to both sides of the House.

I received a very interesting note from a member today: “We need a healthy dose of political check to bring all sides back to what we are elected to do: govern the province. That’s the role Her Majesty’s loyal opposition has to play and the role that the government has to play.”

But as we go forward—and I don’t want to put up with this until we leave in June 2011, when we all embark from this place and go out on a mission, and we all know what that is. But I’m just imploring all members that we need to use more temperate language in this place.

And yes, you each need to remember that we are all protected by privilege. We also need to accept a level of responsibility when making allegations and comments on the conduct of citizens of this province.

I want to quote from a ruling of Speaker Milliken: “Speakers discourage members of Parliament from using names in speeches if they are speaking ill of some other person because, with parliamentary privilege applying to what they say, anything that is damaging to the reputation or to the individual ... is then liable to be published with the cover of parliamentary privilege and the person is unable”—that person who has been spoken of—“to bring any action in respect of those claims.”

In addition, the use of certain language—suggestive language or innuendo—with regard to individuals, as we’ve seen today from both sides of this House, can provoke an angry response, which, as we have seen today, inevitably leads to disorder.

I’m asking all members—again, on all sides—to exercise more responsibility in the future and to not abuse this wonderful privilege of freedom of speech that each one of us enjoys in this House. This applies equally to the hurling of insults at each other and to personal attacks. As I’ve said previously and I will always believe, I know that each and every member in this House is capable of a higher standard.

There being no further business, this House stands recessed until 1 p.m. this afternoon.

The House recessed from 1221 to 1300.

INTRODUCTION OF VISITORS

Mr. Ernie Hardeman: I want to welcome family and friends of Richard, Laurie, Cassandra and Jordan Hawkins, who, a year and a half ago, tragically lost their lives due to carbon monoxide poisoning. Here today is John Gignac, Laurie’s uncle, who created the End the Silence Foundation. Kayla, Kendra and Tom Hawkins Jr. came all the way from North Bay to be here today.

I would also like to welcome Carole Heller from Kidde, Chuck Rachis and Mary Ellen Sheppard from the carbon monoxide coalition, Pat Folliot from Readyclick, John Rutkaukas and Glyn Parsons from the Oxford OPP, and a number of firefighters from the Fire Fighters Association of Ontario: Willie Gregg, Dave Carruthers, Rob Simpson and, from Brampton, Brian Maltby.

I thank them for being here today as we introduce the private member’s legislation.

Mr. Yasir Naqvi: I’m very happy to introduce my uncle, Yahya Naqvi, who’s visiting Queen’s Park today. Welcome to Queen’s Park.

Ms. Cheri DiNovo: Again, I welcome back the transactivists who were here this morning supporting to Toby’s bill or law that will be tabled this afternoon. Welcome.

Mr. Dave Levac: I know he’s been introduced, but I wanted to support Mr. Hardeman, the member from Oxford, on his private member’s bill, and I thank him for that. John Gignac, who is a constituent of mine, is also a member of a group called the Friends of the Firefighters, doing the same work that he’s doing nationally. So I welcome him here in the House today.

Hon. Kathleen O. Wynne: I’d like to welcome to the east members’ gallery some members and staff from Egale: Tara Elliott; Alex Duffy is coming—Alex Duffy will join us; Michael Pelz; Simon LeBrun is going to join us; and Maria Lau is here as well. Welcome.

MEMBERS’ STATEMENTS

JAMES MCCRACKEN

Ms. Lisa MacLeod: It’s my pleasure to be able to stand here today to say thank you to Jamie McCracken, who is the retiring director of education with the Ottawa Catholic School Board.

Jamie has been an educator for 30 years, and seven years as the director. I’ve gotten to know him over my four years as a public servant for Nepean–Carleton. As you know, Nepean–Carleton is one of the fastest-growing communities in all of Ontario, and with that growth, it means we must keep up with our infrastructure. Particularly when you have a high birth rate like Nepean–Carleton, it means you’ve got to keep up with the schools.

I can say that Mr. McCracken, through his time as director of education, was able to manage the growth. He was able to support our community by working with us to ensure that we were able to build the necessary school infrastructure.

One school in particular comes to mind. A couple of years ago, the Ministry of Natural Resources, the Department of Fisheries, if you can believe it, and the Rideau Valley Conservation Authority almost put a halt to one of our schools, the new St. Francis Xavier high school in Riverside South. It was through Jamie McCracken’s leadership and work with Ottawa city councillors and our federal member of Parliament, Pierre Poilievre, and myself that we were able to bring everyone to the table to get that school built, and I really credit Jamie for that.

So I want to, first of all, say thank you to him. Second of all, I want to wish him very, very happy times in his retirement. I think that it’s going to be a great one.

INTERNATIONAL DAY AGAINST HOMOPHOBIA AND TRANSPHOBIA

Mr. Peter Tabuns: The International Day Against Homophobia and Transphobia is an opportunity to rededicate our efforts to end the attitudes and stereotypes that lead to direct and indirect discrimination against gay men, lesbians and bisexual, transsexual and transgendered people.

Homophobia and transphobia, like racism, sexism or anti-Semitism, have devastating effects. The suicide rate among young gays is much higher than among heterosexual males. Fear of rejection and isolation means that a great many gays and lesbians live in secret, and transgendered and transsexual persons continue to be marginalized to the fringes of society.

Ontario’s New Democrats believe that our strength and vibrancy as a society comes from embracing and celebrating our diversity. We encourage all Ontarians to join together in our homes, schools, workplaces and communities, and to lend our voices and actions to end homophobia and transphobia today.

Let us begin right now by including gender identity in the Ontario Human Rights Code.

Interruption.

The Speaker (Hon. Steve Peters): I’d just remind all our guests that we certainly welcome them to the Legislature. As much as they may desire to participate in the process, they need to be a sitting member to do so, and I just would ask that you refrain from applause. Thank you.

INTERNATIONAL DAY AGAINST HOMOPHOBIA AND TRANSPHOBIA

Mr. Yasir Naqvi: May 17 is the International Day Against Homophobia and Transphobia. I feel very strongly that it is important to mark this day in the Legislative Assembly of Ontario.

We, as Canadians, are rightfully proud of our culture, respect and inclusion for all people of all backgrounds and persuasions. We, as a government, are committed to those values in the most profound way.

Sadly, despite great and continuing strides for human rights, we know that our friends and fellow citizens of the TBLG community continue to face persistent discrimination, intimidation and misguided animosity. It is imperative that we, as a government and as individuals, continue to work unfailingly toward a better and more just society. We must ensure that our workplaces thrive with equality and inclusivity. We must ensure that our public education system welcomes all, supports meaningful inclusion and teaches our children respect and understanding.

We must ensure that our health care system provides the best possible care regardless of sexual orientation or gender identity. We must ensure that the laws that protect each person from acts of homophobia are consistently applied. Finally, we must ensure, as members of our community and individuals, that we do everything in our power every day to do the right thing, stand up for what we believe is right and what is fair and struggle against the ugly transgressions we see still.

In its seventh year, the International Day Against Homophobia’s campaign focuses on homophobia in sport, which is fitting in Canada’s Olympic year.

Just as we came together to celebrate the unifying power of sport in Vancouver, let us come together again today to rally for diversity and inclusivity in our society, and reject homophobia and transphobia.

CARBON MONOXIDE DETECTORS

Mr. Ernie Hardeman: A year and a half ago a young family, Richard, Laurie, Cassandra and Jordan Hawkins, lost their lives due to carbon monoxide in their home in Oxford. Their relatives and friends are here today hoping that this Legislature will help to prevent similar tragedies in the future.

Members might remember that just over a year ago, we unanimously gave the Hawkins Gignac Act second reading. This bill would make functioning carbon monoxide detectors mandatory in every home in Ontario. Unfortunately the bill was lost when the government prorogued the Legislature on March 4, but the people who understand that this inexpensive device saves lives have continued to work hard to promote its use. I want to thank John Gignac, Laurie’s uncle, who has created the End the Silence Foundation to educate the people on the importance of having a functioning carbon monoxide detector in their home.

Carbon monoxide is tasteless, colourless and odourless. It is often called the silent killer because it gives no warning to its victims. Carbon monoxide is the number one cause of accidental poisoning deaths in North America.

Today we have the opportunity to take a step forwards towards saving lives. Later this afternoon, I will introduce the Hawkins Gignac Act, word for word the exact same bill that this House agreed last year was essential. This legislation will save lives. I ask you to work with me and to ensure it is passed as quickly as possible to avoid more tragedies.

And I ask everyone to help save lives by making sure that you have a working carbon monoxide detector in your home today.

PORT CREDIT SALMON AND TROUT ASSOCIATION

Mr. Charles Sousa: I rise today to recognize the Port Credit Salmon and Trout Association, which recently formed in the riding of Mississauga South. They came together in March of this year to promote and protect the trout and salmon populations in the Credit River and Lake Ontario. The association formed to combat the decline in local trout and salmon stocks and work towards growing the lake’s fish populations.

In its first month alone, the association has already taken some important steps towards realizing this goal. They have recruited over 100 members and initiated Port Credit’s first pen rearing project.

The Ontario Ministry of Natural Resources and its partners stock about 1.7 million salmon and trout into lake Ontario annually to provide fish opportunities and support native species restoration. Of those, about 85,000 chinook salmon are stocked in the Credit River. This year, a small number of chinook salmon are being held in a pen in Port Credit prior to being stocked in the lake. The association is playing a crucial role in these efforts by caring for the fish. Soon, these 5,000 salmon will be mature enough to be released into the lake.

Port Credit has a long history as a fishing village. In the past, our community was home to a large commercial fishing industry, and to this day many local businesses continue to depend on this important fishery, including fishing charters, the Port Credit harbour, village marinas, and dozens of local restaurants and coffee shops.

Port Credit is also home to Ontario’s largest salmon derby, which is a tremendous tourism destination for anglers from all over Ontario and the United States. It’s no surprise that the village prides itself on being the salmon capital of Ontario.

I want to commend the Port Credit Salmon and Trout Association for their work in promoting conservation and developing this world-class fishery.

ABILITIES CENTRE

Mr. Jerry J. Ouellette: Each of us was elected with a vision of making a difference for our family, our community and our province, in hopes that future generations live a life that’s better than ours today. As elected officials, we are granted a certain stature, at least in the minds of some, that gives us an added ability to better the world that surrounds us and fulfill visions that don’t necessarily fall into the mandate to which we were elected. I rise today to congratulate two such individuals for their dedication, hard work and commitment in making our world a better place through the actions of their vision that allowed for a groundbreaking ceremony to take place Friday last.

Christine Elliott and Jim Flaherty, through their personal vision, dedication, planning, and fundraising, broke the ground on the Abilities Centre in Whitby, Ontario. The Abilities Centre is a world-class recreation, athletic and performing arts centre that is fully accessible to persons with varying degrees of abilities and challenges.

The Abilities Centre is partnering with the Iroquois Park Sports Centre in Whitby and will build on their existing facilities and services. This new, barrier-free facility will include a field house which will contain walking trails; track; full-sized courts; fitness facilities; therapy rooms; life skills; art and music programs; performing arts components and much more. In addition, the centre is intended to be an international centre of excellence for the development and implementation of inclusionary practices for people with special needs.

The overall goal of the Abilities Centre is to shift the paradigm: Instead of seeing disabilities, our focus will be on the abilities of each person.

Good job—no, great job, Christine and Jim, and thank you for making our world a better place.

RESUSCITATION OUTCOMES CONSORTIUM

Mr. Ted McMeekin: I’m pleased to rise today to discuss the great work of the Resuscitation Outcomes Consortium, commonly known as ROC, which is making a difference every single day.

We have in the House today with us several very important people with the ROC: Laurie Morrison, Tyrone Perreira, Precilla Dsouza, Jaime Beecroft, Andrew Brooks, Monica Yu, Suzanne Chung, Julie Saccone and Anuar Turgulov. Thank you very much for being here today.

The ROC is a large, multinational research collaboration of 10 sites across the United States and Canada, including one right here in Toronto, which are doing research on cardiac arrest and life-threatening trauma. In fact, in five regional sites which have participated, the cardiac arrest survival rates have more than tripled. Those involved in the project include hospitals, EMS services, not-for-profits and federal agencies.

As you know, my private member’s bill, Bill 41, passed second reading on May 6, and the ROC’s research was an important part of that. I want to take this opportunity to recognize and extend my sincere thanks to the ROC and all its partners, in both Canada and the United States, for their invaluable contribution to public health. I especially want to thank Dr. Laurie Morrison of Rescu at St. Michael’s Hospital here in Toronto for her dedication and incredible hard work.

ONTARIO ASSOCIATION OF POLICE SERVICES BOARDS

Mr. Bas Balkissoon: Today is Queen’s Park Day for the Ontario Association of Police Services Boards. Our civilian police services boards strive to ensure the highest standard of policing excellence in the area they represent. As a result, the Ontario Association of Police Services Boards is a leader in promoting community safety across the province.

Our government has a strong working relationship with the Ontario Association of Police Services Boards and their 174 members. That relationship has allowed our government to implement several successful law enforcement initiatives since coming to office. For example, we launched the Safer Communities—1,000 Officers partnership. We also implemented successful anti-violence intervention strategies in Toronto and 17 other communities across Ontario, and we are doubling the province’s annual contribution to the RIDE program. What’s more, we’ve worked together to put more police officers on the streets and remove violent gangs, firearms and illegal drugs from those same streets.

I know that all my colleagues here will join me in thanking the men and women of Ontario’s police services boards. Law enforcement is a very complicated and challenging profession, and their efforts keep our communities safe. We are immensely grateful for the work they do on our behalf.

KEVIN MCKAY

Mr. Reza Moridi: It is with great sadness that I stand before the members of the Ontario Legislature today to honour the supreme sacrifice of Private Kevin Thomas McKay, a Richmond Hill native who was killed last week by a roadside bomb near Kandahar, Afghanistan. My heartfelt sympathy goes out to Private McKay’s father, mother and brother.

Private McKay, aged 24, was completing his first tour with the First Battalion of the Princess Patricia’s Canadian Light Infantry when he was killed. “Mickey,” as he was known, “was a great soldier and an even better individual,” said Captain Michael Hughes. “The boys of the platoon really loved Mickey.”

Private McKay was two days away from the end of his tour when he was killed. His father, a captain with the Toronto Fire Services, described his son as “everybody’s friend” and “the kind of guy that would take his shirt off his back to help someone out.”

Private McKay is the sixth Canadian military member to die in Afghanistan this year and the 144th soldier killed since the start of the Afghan mission in 2002. He is the second Richmond Hill native to die in Afghanistan.

I would ask that a minute of silence be observed in honour of Private Kevin Thomas McKay.

The Speaker (Hon. Steve Peters): I would ask all members and our guests to please join me as we observe a moment of silence for the passing of Private McKay.

The House observed a moment’s silence.

REPORTS BY COMMITTEES

STANDING COMMITTEE ON FINANCE AND ECONOMIC AFFAIRS

Mrs. Laura Albanese: I beg leave to present a report from the Standing Committee on Finance and Economic Affairs and move its adoption.

The Clerk-at-the-Table (Ms. Tonia Grannum): Your committee begs to report the following bill without amendment:

Bill 44,

An Act to implement the Northern Ontario energy credit / Projet de loi 44, Loi mettant en oeuvre le crédit pour les coûts d’énergie dans le Nord de l’Ontario.

The Speaker (Hon. Steve Peters): Shall the report be received and adopted? Agreed? Agreed.

Report adopted.

The Speaker (Hon. Steve Peters): Pursuant to the order of the House dated May 10, 2010, the bill is ordered for third reading.

INTRODUCTION OF BILLS

OPEN FOR BUSINESS ACT, 2010 /

LOI DE 2010 FAVORISANT UN ONTARIO PROPICE AUX AFFAIRES

Ms. Pupatello moved first reading of the following bill:

Bill 68,

An Act to promote Ontario as open for business by amending or repealing certain Acts / Projet de loi 68, Loi favorisant un Ontario propice aux affaires en modifiant ou en abrogeant certaines lois.

The Speaker (Hon. Steve Peters): Is it the pleasure of the House that the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Steve Peters): The minister for a short statement?

Hon. Sandra Pupatello: I’ll make my statement during ministerial statements.

HAWKINS GIGNAC ACT (CARBON MONOXIDE DETECTORS), 2010 /

LOI HAWKINS GIGNAC DE 2010 (DÉTECTEURS DE MONOXYDE

DE CARBONE)

Mr. Hardeman moved first reading of the following bill:

Bill 69,

An Act to amend the Building Code Act, 1992 to require carbon monoxide detectors in all residential buildings / Projet de loi 69, Loi modifiant la Loi de 1992 sur le code du bâtiment pour exiger l’installation de détecteurs de monoxyde de carbone dans tous les bâtiments servant à l’habitation.

The Speaker (Hon. Steve Peters): Is it the pleasure of the House that the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Steve Peters): The member for a short statement.

Mr. Ernie Hardeman: Over a year and a half ago I introduced a bill, the Hawkins Gignac Act, in response to the tragic death of a young family in Oxford from carbon monoxide poisoning. Over a year ago, thanks to all the dedicated supporters and my fellow MPPs, we passed second reading unanimously. This spring, when the Ontario Legislature prorogued, the Hawkins Gignac Act died on the order paper. It seemed that all the work was lost.

I rise today to reintroduce that exact same act, which will require that functioning carbon monoxide detectors be mandatory in every home in Ontario. The

short title of the bill is also the same, the Hawkins Gignac Act, in honour of the family that was lost.

As I said earlier, this bill is, word for word, the same as the one that was introduced and that passed first and second reading unanimously last year, so members have already seen it and had a chance to review it. For that reason, I would like to ask for unanimous consent to put the bill for second reading immediately.

The Speaker (Hon. Steve Peters): The member from Oxford seeks unanimous consent of the House to call for second reading. Agreed? I heard a no.

Hon. Monique M. Smith: On a point of order, Mr. Speaker: I appreciate you recognizing me, Mr. Speaker. I just wanted to point out, because I know we have family members here, that the Hawkins Gignac Act is very personal to a great number of people, including people in my riding of North Bay. We did have a discussion, and there was no agreement to move for unanimous consent on second reading. I just wanted to clarify that so they didn’t take any offence. This is a proper—

The Speaker (Hon. Steve Peters): Thank you.

TOBY’S ACT (RIGHT TO BE FREE FROM DISCRIMINATION AND HARASSMENT BECAUSE OF GENDER IDENTITY), 2010 /

LOI TOBY DE 2010 SUR LE DROIT

À L’ABSENCE DE DISCRIMINATION

ET DE HARCÈLEMENT FONDÉS

SUR L’IDENTITÉ DE GENRE

Ms. DiNovo moved first reading of the following bill:

Bill 70,

An Act to amend the Human Rights Code respecting gender identity / Projet de loi 70, Loi modifiant le Code des droits de la personne en ce qui concerne l’identité de genre.

The Speaker (Hon. Steve Peters): Is it the pleasure of the House that the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Steve Peters): The member for a short statement.

Ms. Cheri DiNovo: This is Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity), 2010, named after Toby Dancer, a renowned musician who lost his life and who was a trans activist.

The bill amends the Ontario Human Rights Code to specify that every person has a right to equal treatment without discrimination because of gender identity with respect to services, goods and facilities; accommodation; contracting; employment; and membership in a trade union, trade or occupational association or self-governing profession. The bill also amends the code to specify that every person has a right to be free from harassment because of gender identity with respect to accommodation and employment.

This is the third time I’ve tabled this bill, and still no action from the McGuinty Liberals. We want trans—

The Speaker (Hon. Steve Peters): Thank you. I need to remind all members once again that when they are introducing a private member’s bill, they are to read the introductory statement. I recognize that sometimes introductory statements can be very long as well, but we need to make sure that all members are consistent and stick to that script or I’m going to have to start being the schoolmarm, holding the bill in front of me and following all that.

DEFENDING EMPLOYEES’

RIGHTS ACT, 2010 /

LOI DE 2010 SUR LA DÉFENSE

DES DROITS DES EMPLOYÉS

Mr. Hillier moved first reading of the following bill:

Bill 71,

An Act to amend the Labour Relations Act, 1995 to increase the rights of members of trade unions and the duty of trade unions to disclose financial information / Projet de loi 71, Loi modifiant la Loi de 1995 sur les relations de travail pour accroître les droits des membres des syndicats et l’obligation des syndicats de divulguer des renseignements financiers.

The Speaker (Hon. Steve Peters): Is it the pleasure of the House that the motion carry? Carried.

First reading agreed to.

The Speaker (Hon. Steve Peters): The member for a short statement.

Mr.

Randy Hillier: Directly from the explanatory note: This bill amends the Labour Relations Act, 1995, to prohibit the Ontario Labour Relations Board from certifying the union as a bargaining agent of the employees in a bargaining unit unless a representation vote by the employees is held; the amount that a collective agreement between an employer and a trade union can require an employer to deduct from the wages of each employee in the unit affected by the agreement—the part of the employee’s regular union dues that relates to collective bargaining—and does not include any amount that relates to any other purpose unless the employee specifically authorizes the trade union to include that amount in the deduction.

This bill requires a trade union that is party to a collective agreement to file a yearly statement with the minister setting out the dues that are payable to it under the agreement and particulars of its expenses incurred during the year, with a breakdown given of expenses of $5,000 or more. The minister is required to post the statement on the ministry’s website on the Internet, and the trade union is required to make a copy of the statement available to its members upon request.

STATEMENTS BY THE MINISTRY

AND RESPONSES

GOVERNMENT REGULATIONS

Hon. Sandra Pupatello: Since 2003, the government of Ontario has demonstrated a commitment to working with the business community to generate investment and create jobs for Ontario families. As the economy continues to show signs of recovery, we’re continuing our work to make Ontario a great place to start and grow a business through the Open Ontario plan.

Today, we’ve tabled

an act in the House: the Open for Business Act. It has been introduced today in the Legislature and, if passed, would save businesses both time and money while continuing to protect the public interest. The act includes legislative changes and updates to statutes from 10 different ministries that would deliver results for business.

In our consultations with business, they frequently asked for changes to modernize environmental and labour legislation. The proposed amendments to the Environmental Protection Act and the Ontario Water Resources Act would allow the province to move to a modern, risk-based approach for approvals, focusing resources on activities that pose the greatest risk to the environment.

Ontario is one of the last jurisdictions in North America without a risk-based approach to environmental approvals. The current system places Ontario businesses at a disadvantage, causing unnecessary delays and increased costs.

My colleague the Minister of the Environment is going to speak to specifics in a moment, but I’m confident that these changes would enhance public transparency and environmental protection while improving services to business. The act allows businesses to comply in a much greater way.

Our balanced approach is also reflected in amendments proposed by the Ministry of Labour. The Employment Standards Act is an area where business has frequently asked for improvement. Among other things, the proposed changes included in the Open for Business Act would encourage employees and employers to settle disputes at an early stage, avoiding unnecessary costs for both parties, let alone the time involved for both, and allowing employment standards officers to focus on the current backlog of claims. The removal of the claims backlog would allow the Ministry of Labour to focus on public education and outreach, as well as conduct more proactive inspections that would reach more workplaces.

Speaking in more general terms, the Open for Business Act aims to provide businesses with time and cost savings by:

—improving approvals and modernizing services;

—harmonizing legislation with other jurisdictions to lighten the administrative burden on business. We’ve watched through the Ontario-Quebec accord—it will necessitate us working together with colleague jurisdictions;

—delivering faster and easier governme