Manitoba Hansard — 25 February 2016 (Sitting 19B, 40th Legislature, 5th Session)

40-5-19b

Manitoba — Debates (Hansard)

Fifth Session - Fortieth Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable Daryl Reid Speaker Vol. LXVIII No. 19B - 1:30 p.m., Thursday, February 25, 2016 ISSN 0542-5492

MANITOBA LEGISLATIVE ASSEMBLY Fortieth Legislature Member Constituency Political Affiliation ALLAN, Nancy St. Vital NDP ALLUM, James, Hon. Fort Garry-Riverview NDP ALTEMEYER, Rob Wolseley NDP ASHTON, Steve, Hon. Thompson NDP BLADY, Sharon, Hon. Kirkfield Park NDP BRAUN, Erna, Hon. Rossmere NDP BRIESE, Stuart Agassiz PC CALDWELL, Drew, Hon. Brandon East NDP CHIEF, Kevin, Hon. Point Douglas NDP CHOMIAK, Dave, Hon. Kildonan NDP CROTHERS, Deanne, Hon. St. James NDP CULLEN, Cliff Spruce Woods PC DEWAR, Greg, Hon.

Selkirk NDP DRIEDGER, Myrna Charleswood PC EICHLER, Ralph Lakeside PC EWASKO, Wayne Lac du Bonnet PC FRIESEN, Cameron Morden-Winkler PC GAUDREAU, Dave St. Norbert NDP GERRARD, Jon, Hon. River Heights Liberal GOERTZEN, Kelvin Steinbach PC GRAYDON, Cliff Emerson PC HELWER, Reg Brandon West PC HOWARD, Jennifer Fort Rouge NDP IRVIN-ROSS, Kerri, Hon. Fort Richmond NDP JHA, Bidhu Radisson NDP KOSTYSHYN, Ron, Hon. Swan River NDP LATHLIN, Amanda The Pas NDP LEMIEUX, Ron, Hon. Dawson Trail NDP MACKINTOSH, Gord, Hon. St. Johns NDP MALOWAY, Jim Elmwood NDP MARCELINO, Flor, Hon.

Logan NDP MARCELINO, Ted Tyndall Park NDP MARTIN, Shannon Morris PC MELNICK, Christine Riel NDP MITCHELSON, Bonnie River East PC NEVAKSHONOFF, Thomas, Hon. Interlake NDP OSWALD, Theresa Seine River NDP PALLISTER, Brian Fort Whyte PC PEDERSEN, Blaine Midland PC PETTERSEN, Clarence Flin Flon NDP PIWNIUK, Doyle Arthur-Virden PC REID, Daryl, Hon. Transcona NDP ROBINSON, Eric, Hon. Kewatinook NDP RONDEAU, Jim Assiniboia NDP ROWAT, Leanne Riding Mountain PC SARAN, Mohinder, Hon. The Maples NDP SCHULER, Ron St. Paul PC SELINGER, Greg, Hon. St.

Boniface NDP SMOOK, Dennis La Verendrye PC STEFANSON, Heather Tuxedo PC STRUTHERS, Stan Dauphin NDP SWAN, Andrew Minto NDP WIEBE, Matt Concordia NDP WIGHT, Melanie, Hon. Burrows NDP WISHART, Ian Portage la Prairie PC Vacant Gimli – Vacant Southdale –

599 LEGISLATIVE ASSEMBLY OF MANITOBA Thursday, February 25, 2016 The House met at 1:30 p.m. Mr. Speaker: Good afternoon, everyone. Please be seated. ROUTINE PROCEEDINGS INTRODUCTION OF BILLS Bill 18–The Path to Reconciliation Act Hon. Eric Robinson (Minister of A boriginal and Northern Affairs ): Yes, Mr. Speaker. I move, seconded by the Minister of Education, that Bill 18, The Path to Reconciliation Act, be now read a first time. Motion presented. Mr. Robinson : Mr. Speaker, I'm pleased to introduce the –to the Legislative Assembly for the first reading number –Bill 18, The Path to Reconciliation Act.

This bill sets out a strong commitment by this provincial government to continue to move forward in its effort to r econcile the relationship between indigenous and nonindigenous peoples in our province. It also highlights, Mr. Speaker, the govern- ment's values and commitments to reconciliatory action and builds upon the considerable momentum that exists as a result of the recent calls to action of the Truth and Reconciliation Commission of Canada. Mr. Speaker: Is it the pleasure of the House to adopt the motion? [Agreed] Any further introduction of bills?

Bill 202–The Employment Standards Code Amendment Act (Sick Notes) Mr. Dave Gaudreau (St. Norbert): Mr. Speaker, I move, seconded by the member for Radisson (Mr. Jha), that Bill 202, The Employment Standards Code Amendment Act (Sick Notes), be now read for a first time. Motion presented. Mr.

Gaudreau: This bill deals with something that's all near and dear to our side of the House, is health care, and working on the system to streamline it and to allow doctors to actually see sick patients and deal with true illnesses rather than employers using it as a management system, really, to try to have employees bring sick notes in. We're going to–this bill deals with also laying out that other practitioners such as nurse prac - titioners, pharmacists and nurses would be allowed to write doctor's notes, freeing up doctor's ti me, valuable time in our system.

We all know that our medical system doctors are very valued, and we want to make sure that they're able to be used in our system efficiently. Thank you, Mr. Speaker. Mr. Speaker: Is it the pleasure of the House to adopt the motion? [Agreed] Bill 203–The Results-Based Budgeting Act Mrs. Heather Stefanson (Tuxedo): I move, seconded by the member for Morden- Winkler (Mr. Friesen), that Bill 203, The Results -Based Budgeting Act;

Loi sur la budgétisation axée sur les résultats, be now read a first time. Motion presented. Mrs. Stefanson: This bill requires the budgets for all government programs, services, agencies, boards and commissions to be reviewed on a regular cycle to ensure that they are delivering the outcomes that the public needs, and, once the review process is completed for a given program, the budget for the program will be re -established. The process is to be transparent, with the findings and recommendations of program reviews made public. Thank you, Mr. Speaker. Mr.

Speaker: Is it the pleasure of the House to adopt the motion? [Agreed] Bill 204–The Cyberbullying Prevention Act Mr. Wayne Ewasko (Lac du Bonnet): I move, seconded by the member from Brandon West, that Bill 204, The Cyberbullying Prevention Act;

Loi sur la prévention de la cyberintimidation, be now read a first time. Motion presented. Mr. Ewasko: I am pleased to introduce once again to the House Bill 204, The Cyberbullying Prevention Act.

600 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 Mr. Speaker, this bill enables a protection order to be made when a judicial Justice of the Peace has determined that a person has engaged in cyber - bullying. A protection order may contain a number of provisions to protect the person who is subjected to cyberbullying. The bill also creates the new tort of cyberbullying; the victim may sue the person engaging in cyberbullying. Mr. Speaker, we know that cyberbullying is a significant problem not only in this province but in our country.

The NDP have failed to provide that response so we have done so on behalf of all Manitobans, all Manitobans and youth, and so we look forward to the entire House getting on board with this bill and moving it forward to committee. Thank you, Mr. Speaker. Mr. Speaker: Is it the pleasure of the House to adopt the motion? [Agreed] Bill 205–The Seniors' Rights and Elder Abuse Protection Act Mr. Cliff Graydon (Emerson): I move, seconded by the member for Spruce Woods (Mr. Cullen), that Bill 205, The Seniors' Rights and Elder Abuse Protection Act, be now read for the first time. Motion presented. Mr. Graydon: Mr.

Speaker, this bill establishes a bill of rights for the Manitoba seniors. It also establishes an elder abuse protection team and imposes a duty to report this elder abuse, prohibits reprisals for reporting elder ab use and permits information sharing about elder abuse with the Adult Abuse Registry Committee, the minister responsible for the protection of the persons in care act and the executive director appointed under The Vulnerable Persons Living with a Mental Disability Act. It also makes it an offence to make a false report and it requires the minister to table annual reports in the Assembly.

Accountability is so terribly important. Mr. Speaker: Is it the pleasure of the House to adopt the motion? [Agreed] Any further introduction of bills? Bill 206–The Workers Compensation Amendment Act (Employer Advisers) Mr. Dennis Smook (La Verendrye) : I move, seconded by the member for Brandon West (Mr. Helwer), that Bill 206, The Workers Compensation Amendment Act, be now read a first time. Motion presented. Mr. Smook : This bill creates an employer adviser that'll help employers navigate the work –the system. It'll put them on a same playing ground as what there is for an employee adviser. Mr.

Speaker: Is it the pleasure of the House to adopt the motion? [Agreed] Any further introduction of bills? Seeing none, we'll move on to committee reports, tabling reports, ministerial statements. MEMBERS' STATEMENTS La Loche Community Ms. Amanda Lathlin (The Pas): The tragedy visited upon La Loche, Saskatchewan, has left the community in mourning and the country shaken.

Though it happened a province away, it is personal for me. * (13:40) The struggles that the people of La Loche are talking about –poverty, lack of education, lack of mental health supports–these are struggles shared by my family, my friends, my neighbours and myself, and by people across the north. We also share the desire to find solutions. The people of La Loche are calling for better resources to deal with substance abuse and mental health. They're calling for a renewed relationship with our indigenous peoples, and they're calling for better opportunities to get a good education and a good job.

This is what people in La Loche want, and this is what people in The Pas want as well and across northern Manitoba. When we invest in these priorities, we help realize our communities' hopes and dreams and we help each other heal. Yesterday, La Loche took a big step on the path to healing with hundreds of people joining in a walk through the town called Reclaiming Our School.

My heart is with the students and the staff of Ducharme Elementary School, as they returned to school yesterday and for the first time –since the first time since the shooting, and with students and staff of Dene High School as they return tomorrow. Ducharme Vice- Principal Erin Trotechaud said that the children's smiles lifted a heavy presence

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 601 from the buildi ng. She said, it's amazing how when you fill it with children and there's laughter and there's smiles, it just kind of washes it away, and it was really beautiful. It feels like home again. Thank you. Children's Special Allowance Mr. Ian Wishart (Portage la Prairie): I rise today to express my concern over how this NDP government is handling the Children's Special Allowance, paid by the federal government in lieu of the Universal Child Care Benefit to the agencies responsible for the care of the children under their care in CFS.

Since before 2000, these funds has been paid by the federal government to the agencies, specifically for the care–for their children in care, and this money was often paid, through these agencies, for the benefit of the foster fami lies, often to provide them with extras at birthdays and Christmas and for fees for sports and other special activities. Many agencies, in fact, would put half of this money aside for the children when they reached 18. In 2008, this government increased their funding by $4.9 million to the First Nations agencies, but they began to claw back the Children's Special Allowance.

Today, that Children's Special Allowance is worth two point–or $29 million, hardly a fair trade. They even went so far to insist tha t agencies refund the money that had been kept in trusts by that agencies for individual children. Hardly fair to those individual children. This policy of clawing back CSAs from First Nation agencies has left them severely underfunded and at risk of fina ncial failure. Where is–what is this government thinking when following this type of policy? Clearly, they are not thinking about the children under the care of these agencies. Madeline Schultz Hon.

Erna Braun (Minister of Labour and Immigration): Mr. Spe aker, I love hearing Rossmere success stories, especially when it's about a young person who got their start in our community. Madeline Schultz first started playing soccer in 2003 for the North Kildonan Community Centre Cobras. And now, 13 years later, she's been accepted as a member of the U of M Bisons' prestigious soccer team. She credits her five- year stint with the Cobras for teaching her the fundamentals that have given– that have made her such a talented player.

The team's dedicated volunteer coaches honed Madeline's skills, and her competitive drive landed her a spot on her high school team, the Miles Mac Buckeyes. Once she graduated and enrolled at the University of Manitoba, Madeline went immediately to the Bison tryouts. An ACL injury in high school had put her on the sidelines, but despite missing a few years where most players prepare for varsity level sports, Madeline would not be deterred. Bison coaches spotted her fancy footwork, determination and positive attitude and offered her a spot as a mid -fielder.

Stories like Madeline's remind me of the importance of investments in our community centres. Programs like community places help local community centres make team sports available to our youth, encouraging physical activities, skill building and a healthy lifestyle. For an athlete, community sports provide an invaluable connection with coaches and other team - mates. Players like Madeline can get their start on a community team where they develop not only individual skills but team work, and doors can be open to elite sports opportunities.

I commend Madeline on her dedication and hard work, and it's really paying off. On behalf of all members, congratulations and good luck in the coming season. Bipole III Line–Landowner Concerns Mr. Blaine Pedersen (Midland): The actions of this NDP government with the hurry -up order to Manitoba Hydro regarding construction of the Bipole III transmission line is shameful. First, it was a secret expropriation of 100- plus landowners across Manitoba by the NDP Cabinet in order to bypass the normal legal procedures –first time in Manitoba Hydro history.

Then there's the constant harassment and bullying of landowners, trying to get them to sign an inferior easement agreement leaving all the risk and liability with the landowners. The Manitoba bipole landowners committee continues to ask Manitoba Hydro to sit down with them to address these concerns. It's called collective bargaining. But the NDP masters of Manitoba Hydro will–are–will not allow the corporat ion to bargain collectively. What is the NDP afraid of?

Now the NDP has stooped to new lows of disrespect for Manitobans after hiring a private security firm to bully landowners –no doubt, another untendered contract. When this move failed to bend

602 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 the resolve of the landowners, the NDP then turned to the RCMP: four cruisers on the scene, just to back the NDP –four cruisers. You can't get that out for any kind of real emergency. Now, after the private security and RCMP failed to intimidate Manitoba property landowners, the NDP has now turned to a private investigator to spy on landowners, take photographs of landowners and their vehicles. This is police-state mentality. How shameful of this NDP government.

All this could have been avoided if only the NDP go vernment would allow Manitoba Hydro to enter into collective bargaining with the landowners to address their legitimate concerns. But never doubt the resolve of these Manitobans. Whether it's private security, RCMP, private inves - tigators, they will not be bullied or intimidated by this tired, desperate Selinger government. These hardy Manitobans are looking forward to helping make a change for the better come April 19th. West End Safe Space Mr. Andrew Swan (Minto): Mr. Speaker, t here's nothing more important than the safety and well - being of our children.

While in general our children have never been safer and more children than ever are now graduating from high school, we know there is more work to be done to help our most vulner able youth. Kim Bouvette is a West End mother who recognized the need for extended hours for programming in a safe space for youth who are vulnerable to the risks of drugs, gangs and sexual exploitation. Kim took action and raised her voice. She went door to door petitioning for the project.

She mobilized the board members, staff and volunteers at the Spence Neighbourhood Association, and the SNA held numerous public forums and information meetings with West End residents to gauge the support within the community for Kim's vision. The SNA then embarked upon an ambitious fundraising campaign. They staged a benefit concert at the West End Cultural Centre and organized a pancake breakfast. SNA volunteers handed out free coffee and muffins to drivers at the c orner of Ellice and Maryland, handing out pamphlets about their fundraiser. Their efforts paid off.

In total the SNA raised $35,000 so far, exceeding their goal. Kim and the SNA found a willing partner in our NDP government. Building on our successful investments in Rossbrook House and with Ndinawe, we've committed $380,000 over the next three years to help the West End safe space become a reality. The money will support staff so the space can remain open all night when children are most at risk. The community and SNA will determine the best way to attract, assist and support youth in need of a safe place to go.

I urge all Manitobans to volunteer their time or donate to the Spence Neighbourhood Association through their GoFundMe site to help this amazing project. Congratulations and well done to Kim Bouvette, SNA Executive Director Jamil Mahmood and all of the staff, board and volunteers. Your work exemplifies the caring spirit of Manitoba and the support of an NDP government that believes everyone matters, can do great things. Thank you. Introduction of Guests Mr. Speaker: Just prior to oral questions. I'd like to draw the attention of honourable members to the loge to my left where we have Mr.

Gerry McAlpine, who is the former member for Sturgeon Creek. On behalf of honourable members, we welcome you back to the Legislature. And also seated in the public gallery we have with us today from the Manitoba Institute of Trades and Technology, we have 20 adult English as an additional language students under the direction of Marie Rogge, and this group is located in the constituency of the honourable Minister of Education and Advanced Learning (Mr. Allum). On behalf of honourable members, we welcome you here this afternoon. ORAL QUESTIONS OCN First Nation Manitoba Hydro Contract Mr.

Brian Pallister (Leader of the Official Opposition): On February 19th of 2015, I understand that the Premier (Mr. Selinger) and the Deputy Premier journeyed to The Pas. And my question for the Premier is: Did they at that time meet with the OCN council and what was the purpose of the meeting? Hon. Dave Chomiak (Minister of Mineral Resources): Mr. Speaker, I understand that a meeting took place.

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 603 Mr. Pallister: I appreciate the non-response. * (13:50) Mr. Speaker, on February 19th, 2015, the Premier (Mr. Selinger) and Deputy Premier met with the OCN band, and I want to know if Chief Michael Constant was in attendance at that meeting with the Premier, please. Mr. Chomiak: Yes. Mr. Pallister: Thank you for the straightforward answer. Media have obtained a letter from OCN Chief Michael Constant that was addressed to the Deputy Premier of Manitoba. The letter is dated April 21st of 2015, approximately two months after the meeting occurred.

In i t the chief says he clearly understood that support would be given to his band if they supported Premier Selinger in the election process. Would the Premier please outline for the House today: What was the support that was offered to Chief Constant and OCN at the meeting? Mr. Chomiak: Mr. Speaker, I understand at that time that there was discussion concerning a hydro contract, and I understand at that time, like all contracts that are tendered, a tender was offered or proposed with respect to that contra ct and that was followed. Mr.

Speaker: The honourable Leader of the Official Opposition, on a new question. Mr. Pallister: Well, if that was the case, Chief Constant wouldn't have been concerned enough to write a letter to the Deputy Premier, would he? A nd we've learned from a transcript dated December 17th, 2015, from an interview with Chief Constant done by CBC News, that the offer consisted of work on the bipole line –jobs for OCN in exc hange for votes for the Premier. Now, Chief Constant was obviousl y concerned that no such jobs had ensued as a result of the meeting and wrote his letter as a result of that concern.

Would the Premier confirm today that he made that offer of jobs for votes, and if he did not, then who did? Hon. Eric Robinson (Minister responsible for Manitoba Hydro): Mr. Speaker, no such offer was made. Mr. Pallister: Well, the Deputy Premier's denial rings hollow, Mr. Speaker. The offer of jobs at Hydro, according to Chief Michael Constant, a chief of some renown in this province, wa s made and the Deputy Premier is the premier in charge of Hydro. The Deputy Premier is the minister in charge of Hydro.

So if the Premier did not make the offer himself, I would like the Premier to tell us: Was he present for the entirety of the meeting with OCN or not? Mr. Robinson: The meeting that the Leader of the Opposition is referring to, Mr. Speaker, in fact, did not include the Premier. I was alone in that meeting with staff, and it included Chief Michael Constant and members of his council and some elders from the community. Mr. Pallister: So, Mr.

Speaker, on the very day that the government makes a show of The Path to Reconciliation Act, we have the Deputy Premier of Manitoba standing in his place and calling the chief of OCN a liar, saying th at the chief of OCN is a liar on the day that this is tabled in this House, and that is shameful and that is disrespectful, and that is disrespectful to all Manitoba's indigenous people and that is disrespectful to all Manitobans on the very day the chief is called a liar, and the Premier wasn't in the meeting, apparently, allegedly, so there's plausible deniability.

So I'd like to know from the Premier, from the Premier of Manitoba I would like to know: Did he leave the room, miss the meeting so that th e offer could be made? Mr. Robinson: While the questions are being asked, Mr. Speaker, it appears that the story is being made up as we go along. Let me just clarify for the record, and if I could have the respect, perhaps they don't respect indigenous peoples, but at the very least respect a person that is trying to respond to a very serious allegation being made by the members opposite.

We were not made of any –we were not made aware of any investigation until today before the noon hour. It's a false accusation. I'm sure that'll be rectified and clarified later on today by Chief Michael Constant. There's false information contained in the remarks made by the Leader of the Opposition. In fact, the deadline for the delegate selection was on February 16t h. The meeting occurred on February 19th that the Leader of the Opposition is referring to.

604 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 Mr. Speaker– Mr. Speaker: Order, please. The honourable minister's time on this question has elapsed. The honourable Leader of the Official Opposition, on a new question. Mr. Pallister: So here's what we know: that we know now that a meeting occurred in February. We know that the chief, Michael Constant, sent a letter to the Deputy Premier outlining his concerns approximately two months later. And we know that in December of last year, eight months later, the chief told the same story that he had been telling all through the year. He didn't change his story.

He said in an interview: When you shake someone's hand, when you make a mutual agreement, when you have an understanding with government, you would think they would follow through. That's what the chief of OCN said in December, eight months after this meeting. The chief of OCN stuck to his story. So I'd like to know if the government's going to stick to their story that the chief is a liar. Mr. Robinson: Michael Constant is a good friend of mine, Mr. Speaker. I believe that he is one of our valued leaders in the province of Manitoba in the indigenous community. Allow me to read into the record for you, Mr.

Speaker, and also members in this Chamber, that I just received a letter that was sent to Mr. Bill Bowles, the Commissioner of Elections for the Province of Manitoba, signed by Chief Michael Constant. In this letter it says: I'm–provide clarity on the r ecent allegations being made against Minister Robinson and Premier Selinger. For the record, Minister Robinson did not promise work on Bipole III in exchange for my community's support in Premier Selinger's leadership bid for the NDP party leader or the–or NDP support in the upcoming election. My signature does not appear on this letter.

It was drafted by overzealous staff. It –I was not given the opportunity to pursue the letter before it went out. I apologize for the fervour and political positioning that this letter has created. Mr. Speaker, I don't– Mr. Speaker: Order, please. The minister has offered to table the letter, so if one of our staff would please take the letter. Thank you. Okay, we'll now proceed to the next question. Mr. Pallister: So let's–oh, sorry, Mr. Speaker– Mr. Speaker: Just one moment, please.

While I'm on my feet, before I recognize the honourable Leader of the Official Opposition– my apologies for interrupting–I want to remind honourable members of the House, please, whe n you're even quoting from documents or you're making–asking questions in the House, that we refer to members of this House by their constituency names or ministers by their portfolio, please. Okay? The honourable Leader of the Official Opposition, please. Mr. Pallister: Thank you very much, Mr. Speaker. Let's recap, then. We know there was a meeting. It involved the Premier (Mr.

Selinger) and Deputy Premier and it involved Chief Michael Constant. Chief Michael Constant alleged for over a year that jobs were promised in exchange for votes. And he alleged that the promises were made by the government, wrote to the government and asked why the promises were not kept, and he stuck to his story for an entire year. Now, we know that when allegations come to light, the Premier always shifts to damage control mode, as his colleagues do as well. So let me ask this question of the premier in charge of Manitoba–of the leader, deputy leader, in charge of Manitoba Hydro.

Has OCN received, since December, any jobs or contracts or subcontracts from Manitoba Hydro for doing Bipole III work, and would those be belated fulfillment of the government's promise of a year ago? Mr. Robinson: Mr. Speaker, let me quote from the letter again. The last sentence says: "It was dr afted by overzealous staff members; I was not given the opportunity to peruse this letter before it went out. I apologize for the fervor and political positioning that this letter has created." Mr.

Speaker, I don't wish myself or anybody in this Chamber, and I don't think this is –I don't wish bad on any indigenous person in the province of Manitoba. In fact, for all my life I have been a champion for the rights of indigenous people, and you know what? Playing cheap political games at the expense of suffering Indians is hardly honourable. * (14:00) Mr. Pallister: And, Mr. Speaker, truer words –truer words–have never been spoken in this House. Cheap political games is exactly what we're talking about

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 605 here in respect of the government's conduct. An overzealous staffer did not do an interview with CBC News in December, eight months after this meeting. And six months after, a letter was penned, asking: Where were the jobs? An overjealous –overzealous staffer did not go to the media a full eight months after. Tha t was not an overzealous staffer, that was Chief Michael Constant, who said, we were promised jobs for votes, in December of last year. Not an overzealous staffer, sir, not even close.

And now, desperate times calling for desperate measures, in the middle of an historic leadership race caused by a rebellion against him, and days prior to the mail-in–cut off for mail -in ballots, I have to ask the Premier (Mr. Selinger): When he went to The Pas and got in that taxpayer -funded plane, did he go as a premier or as a leadership candidate? Which was it? Mr. Chomiak: Mr.

Speaker, I'm terribly saddened on the day that we are introducing the most progressive and most innovative legislation in the history of this country, to bring reconciliation to First Nations and indigenous peoples, that the members would have the temerity to raise issues like this, even though it's been contradicted in writing by the individual that they allege said that.

I think it's below contempt, and I ask on the Leader of the Opposition, ba sed on the information today, that he apologize not only to the people of this Chamber, but to all indigenous peoples for doing that on today's date, when the most important bill we've ever had come before this Chamber. Elections Manitoba Investigation NDP Leadership Campaign Mr. Kelvin Goertzen (Steinbach): Under the Manitoba Elections Act, bribery is one of the most serious allegations that can happen. In fact, a penalty of bribery under the Manitoba Elections Act is punishable by nearly two years of jai l and also a significant fine.

Mr. Speaker, these allegations have been there now for more than a year. A letter that came a year ago from the chief and from the band, it was copied to six different people; it was confirmed in the media months after, Mr. Speaker, and I wonder when the Premier received this letter. A year ago, when the Premier received this letter a year ago with the allegations of bribery, did he immediately, as any premier would do, take it to the chief–Commissioner of Elections to have it investigated? Did he take it to have investigated or did he do nothing? Hon.

Dave Chomiak (Minister of Mineral Resources): It is interesting, on the day that the treaty reconciliation bill appears on the Order Paper, the member for Steinbach launches a complaint with Elections Manitoba about allegations he has no first - person knowledge of and which, today, the Leader of the Opposition has the gall to stand up and accept as truth, not ask a question, know there's an investigation, stand up and make it an issue in order, Mr. Speaker, to take away what we know to be his true agenda. Today, he wanted to open up expenses in elections.

He wanted to get rid of –he wanted to have–bring back corporate donations. He wants to give it to his friends, Mr. Speaker. There is no clearer example of where the Tories stand about who they represent and where we stand. They're for their big corporate friends; we're trying to do the best we can for all Manitobans, particularly those who have less. Mr. Goertzen: Mr. Speaker, it was a year ago – almost a year ago that the letter went alleging that there was a bribe offer, votes for support for the Premier.

It was copied to counsel of the band; it was copied to the Premier; it was copied to the president of Manitoba Hydro; it was copied to Grand Chief Derek Nepinak; it was copied to others. And yes–and yet, even after it was confirmed in the media months later by the chief, even after it was brought to the light, nothing came forward.

And the Premier now, he's not saying much today, but we're to understand that when he was told–when he was told–about these allegations of bribery, he didn't want to bring it to the Commissioner of Elections; he didn't want to have it investigated; he didn't think allegations of bribery is serious. Is that because perhaps he was concerned he may actually have been guilty? Is that why he didn't bring it to the commissioner? Mr. Chomiak: This is like being accused of beating your dog. Mr.

Speaker, you know, the member launched an investigation and allegation today, or very recently, about the things that happened a while ago, things that weren't true, things that have been categorically denied today by the chief who was supposed to have said this. And yet, the member and the Leader of the Opposition had the gall–the leader who was sitting in

606 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 Cabinet when the worst scandal in Manitoba history occurred, when they vote rigged, when chief Monnin said that he'd never seen more liars in his life than the Conservative Party, when chief Monnin said that people should go to jail for what they did, but because they had suffered enough when they tried to form a political party to take votes away from the NDP.

When that leader sat in that Cabinet and did that, they have the gall to stand up on the day when we're trying to reconcile and make spurious allegations that have not been investigated and have been proven by the member to be not correct. Mr. Speaker, it shows to what depths they will go. Mr. Speaker: Order, please. The honourable minister's time has elapsed on this question. Mr. Goertzen: Well, Mr. Speaker, of course, we know there are many dirty tricks that happened on the NDP leadership campaign. Some of them that the member for Thompson (Mr.

Ashton) was involved in were documented in the Winnipeg Free Press, not the least of wh ich was a pretty sweet deal on his leadership campaign office. We know that there were other things that happened. There was vote tampering in Swan River. In fact, they decided to redo the votes in Swan River because of the vote tampering. So this, perhaps, didn't come as a surprise to the Premier (Mr. Selinger). There was vote tampering in Swan River. There was –different things that were happening with the member for Thompson.

In fact, the only one of the three leadership candidates who hasn't been alleged to have done something dirty is the one who's leaving the party, and maybe that tells you something. Mr. Speaker, can the Premier tell us: Is the reason that he didn't bring this to the commissioner himself a year ago when these allegations of bribery came forward is because this is just business as usual for him and it didn't seem unusual to him. Hon. Eric Robinson (Deputy Premier): Mr. Speaker, it would appear that the members do have a record of the back and forth letters that were sent between Chief Constant and I.

They will recall that I immediately addressed the issue upon receipt of the initial letter. The chief did not sign and indicated he refuted that as well. I tabled that record. I tabled that for the public record for members to be aware. But, you know what? I've already said– [interjection] If the member would listen I'll explain it to him. On the 16th of February, 2015, the deadline for the delegate selection was done. I met on the 19th of February, 2015, with Chief Constant, members of his council and elders of the community. Again, let me repeat, Mr. Speaker, hardly– Mr.

Speaker: Order, please, the honourable minister's time on this question has elapsed. The honourable member for Steinbach, on a new question. Mr. Goertzen: Well, of c ourse, you know, i t's difficult to believe the NDP when you consider their record. Let's talk about the Premier, who–where the first time he ran for election him and dozens of NDP candidates falsified their elections returns and had to return $75,000. In 2004, the NDP violated the elections finances act by taking bundled donations from unions.

In 2009 the former Finance minister was found to have violated the elections finances act by handing out cheques during an election. In 2013 the Court of Queen's Be nch found the NDP were trying to breach a contract and put Assiniboine downs out of business, and now they're under investigation for bribery. Perhaps the reason that the Premier didn't refer this himself –as any good premier would do–to the elections com missioner, is that this is just one of many, many breaches that he's been involved in. Mr. Robinson: Well, the House leader on the other side, Mr.

Speaker, is getting into areas that are not part of the main discussion at hand. So I would advise him to revert back to the original question that was raised. Again, I have to ask members why, on this day when we're introducing a piece of legislation that nobody else has done on earth, would they raise this issue at this time –and also on a day where members opposite have been virtually quiet and uncaring about missing and murdered Aboriginal women and girls across Canada–would they raise this issue? Again, Mr.

Speaker, I don't have the time, nor should the members, to play cheap political games at the expense of suffering Indians. * (14:10) Mr. Goertzen: Mr. Speaker, if we waited for a day when there wasn't an ethical breach by this govern - ment, we'd never be able to ask these questions.

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 607 Mr. Speaker, in 2013 the provincial Ombudsman found that the NDP mini ster of Immigration had politically manipulated the civil service. In 2014 the Ombudsman found that the NDP had not released, as required by law, all of the emails for that previous investigation. Late last year, the Auditor General released a scathing report on millions of dollars of untendered contracts to friends of the Minister of Infrastructure. Currently, the Premier's (Mr.

Selinger) former chief of staff is under investigation for missing money which might include taxpayers' dollars, and now t he Commissioner of Elections is investigating this government for potential bribery. The list goes on and on and on. There isn't a day–there isn't a day–that we could find where there isn't an ethical breach to bring forward on this government. Why don't they just acknowledge that time after time, they simply don't want to follow the law? Mr. Chomiak: Mr. Speaker, let me try to clarify for the member for Steinbach and the self -righteous members opposite.

I would table a copy of the letter dated May 4th, 2015 that was written from the minister of northern Aboriginal affairs to Mr. –to Chief Constant, that they conveniently forget to put in their

summary of events that happened. Let me get to the point. Members opposite stood up, the Leader of the Opposition stood up and made allegations of, quote, lying, Mr. Speaker, in this House. He's been shown, by a letter on file that, in fact, he was wrong. What's at stake here is the reputation of that member who stood up on a day – and for once, in his whole career, I beg of him almost: Will he apologize for once in his entire career? Because the entire time I've been here, that member has never apologized for the many errors he has made and the many, many mistakes he's made. And, Mr. Speaker– Mr.

Speaker: Order, ple ase. The honourable minister's time on this question has elapsed. The honourable member for Steinbach, on a final supplementary. Mr. Goertzen: Over and over, Mr. Speaker, when the minister of Immigration was found to have manipulated the civil service, t hey denied it. When the Minister of Infrastructure was found to have had untendered contracts with his friends, he denied it.

Over and over, it's one denial after the next, and over and over we find out that the government actually, when it had been invest igation, that there have been misappropriations and there have been things that have been done improper and in some times, they've been done illegally. Now, we know –we know –that Manitobans are tired. They're tired of the scandal that hangs over this NDP g overnment's head. I actually think some of their own caucus members are tired of the scandal that hangs over their heads as well.

Will the government finally acknowledge the only way this cloud of persistent, the only way this cloud of consistent scandal that is over the NDP is ever going to be cleared up is if Manitobans clear it up on April 19th, because it's a government that doesn't know how to behave ethically anymore. Mr. Chomiak: Mr. Speaker, who are tired –who are tired–are the thousands and millions of men and women, particularly those of poor, indigenous backgrounds, who for over 100 years have waited for reconciliation.

Who are tired of the men and women who are, today, with the Premier at a conference talking about missing and murdered women. Who are tired of people of empty promises about fulfilling the commitments made when we were fortunate enough to come to this country and have all of the benefits and all of the richness that we have. What they are tired of is the inequality of people like t he Leader of the Opposition, who wants to open up our electoral system to be American -like, where money counts for everything and people and issues and values count for nothing. That's what's tiring, Mr. Speaker.

And we will fight today, we will fight tom orrow, regardless of what happens April 19th, for those people, because we represent them in the Legislature and they deserve our support and help. CFS First Nations Agencies Use of Children's Special Allowance Mr. Ian Wishart (Portage la Prairie): Mr. Speaker, this House may recall in the fall session that we asked about this government's clawback of the Children's Special Allowance, paid by the federal government to the First Nations agencies.

Despite having no agreements in place with the First Nations agencies, this government continues to claw back these federal dollars, whose purpose, and I quote, whose exclusive purpose is the care, maintenance and advancement of children in care. This money goes into general revenue when it's clawed back.

608 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 Mr. Speaker, have these illegal, immoral clawbacks impacted these agencies and left them vulnerable? Hon. Kerri Irvin -Ross (Minister of Family Services): I'm proud to speak today around what we have done to support indigenous organizations and agencies across this province that support families off reserve and on reserve. What we have been able to do is we have tripled their funding. We have continued to support them through devolution.

We have continued to work with them on developing prevention models to reduce what is a national crisis, the number of children that in care. We have a responsibility to reduce that number. We are starting to see that trend change here in Manitoba, but we're not stopping. We have a lot more work to do, and we're committed to do that with all of our indigenous partners. With the introduction of customary care, that is a game changer across this province. People are watching to see what the communities, the indigenous com - munities, are going to do and how we're going to continue to work together. Mr. Wishart: Mr.

Speaker, this minister's prevention budget is less than 8 per cent of her total budget. Due to this government's repeated clawbacks of the CSA, agencies have been forced to work underresourced and are reaching a breaking point. Because of this government's clawbacks, Nelson House agency, one of the–that has shown most of the consistent reduction in the number of kids in care and runs a highly successful, innovative preventive program, will be forced to lay off front-line workers.

How can an agency that has shown such positive results in reductions of children in care be a target for clawbacks by–of funding by this government? Ms. Irvin -Ross: What this side of the House is continuing to do is to work on the devolution of child welfare, returning it back to the indigenous people so it is culturally appropriate, so it respects traditions. That is what's important. We kn ow what the members across feel about devolution.

It is very clear how they feel about devolution, and people should be very afraid, afraid of their past record, of their reckless cuts, how they slash subsidies, how they didn't support youth when they were 16 years old, turned them to the street, reduced funding for people with children with complex needs. That is worrisome. What we need to keep doing is to work on a prevention to keep ensuring that we are supporting the front-line staff, so, yes, that Felix Walker and the staff at Nelson House can continue to do their good work. We continue to work with them on a daily basis. Mr. Speaker: Order, please.

The honourable minister's time has elapsed for this question. The honourable member for Portage la Prai rie, with a final supplementary. Mr. Wishart: Mr. Speaker, prior to this government's new funding arrangement, one the northern agencies have never agreed to, some agencies held half of the CSA money in trust for children in care, and the other half was u sed to fund foster parents and the benefit of children.

Agencies have been historically underfunded by this government and have often been in a position to run deficits, and this government's solution to these deficits was to force the agencies to use th is children's trust money that had been set aside for these children when they reached 18, to use that money to balance the books. How does this government steal the future of these most vulnerable children and call that fair? Ms. Irvin -Ross: Mr.

Speaker, this government works very closely with indigenous leadership, with families, with communities to ensure that we are providing the resources that are necessary that they can support their children, address the issues of poverty, making sure that they have good quality housing, make sure that there is good quality education, make sure that there is a not -for-profit child-care system so their child can access a space while making sure that their family can have a job while we work on our economy. I am extre mely proud of the work that we've done.

We have a lot more work to do, like many other jurisdictions across this province, but we have a plan, a plan to invest in prevention. We are currently in negotiations with the federal government around our funding m odel. We are looking to the federal government to support a funding model that improves prevention funding across Canada. Thank you. Department Funding Government Record Hon. Jon Gerrard (River Heights): Mr. Speaker, while the NDP government has been spending wildly

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 609 in some areas, it has been aggressively cutting in other priority areas. In agriculture, for example, there have been major cuts of almost 50 per cent over the last few years to agri -industry development and advancement, an area important to Manitoba's economic growth. I ask: What other priority areas of our economy will the NDP government be slashing this year, or will the government try to hide the information by not bringing in a budget? Hon. Greg Dewar (Minister of Finance): Mr.

Speaker, we're so eager to get up today that –but I do want to just remind the House, as we–what we stated earlier on yesterday, that on March the 8th we're going to be presenting a fiscal update to this House. * (14:20) And I want to just make a reference to the Liberals and the Liberal leader who joins us as well. The member for River Heights, he's forced to do the bidding of his Liberal leader, and I must feel –I do feel sorry for him as he –as the Liberal leader moves the Liberal Party to the hard right.

You know, they made it known to Manitobans that part of their plank is to cut $470 million out of our revenue base, give a corporate giveaway to the largest banks, corporations that are making $35 billion in profit. We're on the side of Manitobans; they're on the side of the big banks. Mr. Gerrard: Mr. Speaker, I'm proud of the Liberal plan to create jobs and economic growth. Mr. Speaker, what the NDP say on the en - vironment, for example, certainly doesn't match their actions.

The government has made drastic cuts to budgets for environmental issues, including big cuts to water stewardship, to biodiversity and land use, to parks and regional services. Indeed, over 90 per cent of the agri -environment budget has been cut by the NDP government over the last four years. I ask the NDP, are they going to continue their lip service and hypocrisy on environmental issues while cutting deeply into the necessary resources this coming year as well, or will they hide because they don't bring in a budget? Hon.

Thomas Nevakshonoff (Minister of Conservation and Water Stewardship): I thank the member for the question, gives me the opportunity to put the Liberal record on the environment on the table here. And a function of the environment is climate change, Mr. Speaker, and climate change is playing out by floods and so forth, and this government steps up when it comes to mitigating that flood, addressing those infrastructure needs.

The Liberal Party, their platform states that they will not proceed with infrastructure works to mitigate flooding until such time in the future, the indefinite future when the budget balances. They don't care about Aboriginal people in this province. They don't care about flooding. They don't care about climate change. They don't care about the mitigation necessary to address climate change. That's th e Liberal platform on environment. Thank you. Mr. Gerrard: Mr. Speaker, I have no comment on the bizarre outburst that we've just heard. Mr. Speaker, the Premier (Mr.

Selinger) and his NDP government have made substantial cuts in areas as diverse as N orthern and Aboriginal Affairs, Multiculturalism and Literacy, and Tourism, Culture and Heritage. The Premier has been slicing and dicing. One thing is clear: These areas are not a priority for the Premier's so-called investments. I ask: Does the NDP gov ernment plan to continue to slash investments in these vital areas and neglect them as it has done in the last several years, or will the NDP hide behind not bringing in a real budget? Mr. Dewar: Mr.

Speaker, as I said on the –on March the 8th we'll have a robust fiscal update for the House, and I know then the –all Manitobans will have a chance to see the spending priorities of this government. As I said yesterday, it'll draw a sharp contrast between this government that believes in investing in health care and education, Mr. Speaker, and infrastructure, versus the opposition; they want to fire 1,000 nurses, 700 teachers. And the Liberal Party, Mr.

Speaker, want to give corporate tax cuts to the wealthy, to the top 5 per cent businesses in this provi nce–five– $471-million tax giveaway to the banks that are making $35 billion in profit. This government believes in small business. That is why–Mr. Speaker, small business, they're the generator of jobs in this economy. That is why we are the first and on ly province in Canada to have

610 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 eliminated the small business tax. That member voted against it. Elections Funding Donor Limits Mr. Rob Altemeyer (Wolseley): I–my question today is to my honourable colleague, the Minister of Health. I'm wondering if she could maybe inform that House of efforts we've made to put a limit on the influence of big money in elections in Manitoba. Apparently, we have a crisis of democracy in this province. The Leader of the Opposition yesterday announced that he wanted to get rid of the spending limit which caps individual donations at $3,000.

Oddly enough, living in the inner city I do not have thousands of constituents marching to my office door demanding the right to make money more important than citizens in an election. This is new for me. I guess, MLA will no longer mean Member of the Legislative Assembly. It will stand for member for liquid assets. Maybe the ministers will all be ministers for money. It's a crisis I was not aware of. Billionaires– Mr. Speaker: Order, pl ease. The honourable member's time has elapsed. Hon. Sharon Blady (Minister of Health): I thank the member for the question. Mr.

Speaker, our NDP government believes that democracy shouldn't be a question of who has the wealthiest friends with the deepe st pockets. That's why we banned union and corporate donations, because we believe every Manitoban's vote should count, something that members opposite voted against. The Conservatives want to return to the days when their wealthy friends could endlessly bankroll their campaigns. Regular hard -working Manitobans can't afford to spend thousands of dollars on political donations.

Hard- working Manitobans also cannot afford the Opposition Leader's American -style plans for two-tier health care and two-tier democracy. First Street Bridge Project CP Rail Access Agreement Mr. Reg Helwer (Brandon West): Mr. Speaker, in January, people crossing the First Street Bridge in Brandon noticed that there were no workers nor equipment working on or around the bridge. They began to ask questions and found that the minister responsible for MIT had failed yet again. He had failed to negotiate an access agreement with CP Rail. Mr.

Speaker, I think it's a little obvious that you should talk to a railway before you begin demolition of a bridge over their main rail line. I know the minister is still learning, though, y ou know. The Premier (Mr. Selinger) thought the minister had learned a lesson on the Tiger Dam cover -up, and now he apparently needs to learn again–talking about democracy and friends, I don't know. Mr. Speaker, how many millions of dollars has this late st learning experience cost the Manitoba taxpayer? Hon. Steve Ashton (Minister of Infrastructure and Transportation): Well, Mr.

Speaker, I think the most relevant part of that question was when the member for Brandon West talked about no workers working on a job site. The difference, of course, is that would be what they would put in place in terms of infrastructure if they were in government. I'd remind people, Mr. Speaker, that when they were in government, their entire capital budget for the year was $90 million. Last year –and we've already, by the way, had the best construction year in history; it exceeded $700 million. And if the member for Brandon West would like a tour, Mr.

Speaker, perhaps on his way back home I can show him some of the places. Maybe he's forgotten Highway 1. Maybe the areas in Brandon, maybe in Westman he's forgotten. But that's the different. I remind people once again: we are the get 'er done government; they're the shut 'er down opposition. Mr. Helwer: Mr. Speaker, the Premier announced the First Street Bridge project without the knowledge of the minister for MIT, without the knowledge of the MLA for Brandon East, and the Province proceeded with this project without any federal infrastructure matching dollars.

Manitobans are tired of paying more and getting less. When the minister fails to follow the basic step of talking to a railroad, it raises a lot of questions about the minister's lack of management ability. How many millions of dollars has this f ailure cost Manitoba taxpayers, what else has the minister forgotten, and why is he still minister? Hon. Drew Caldwell (Minister of Municipal Government): Mr. Speaker, over my quarter of a

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 611 century of being an elected official in Brandon both at city council and at the –in the provincial Legislature here, I have never ever encountered a politician in the city of Brandon that day in and day out puts the interests of Brandon dead last in every single file–every single file. Mr. Speaker, the member from Brandon 'est' has jeopardized consistently in this Legislature, consistency in his community, the relocation of Assiniboine Community College to Brandon's North Hill. He has voted against seniors housing. He has voted against Brandon University.

He has voted against, has not supported flood protection in Brandon. There's not a single elected official I have ever worked with in my entire career that has put the interests of Brandon dead last every single time. Mr. Speaker, the member for Brandon West (Mr. Helwer) is a Republican Tea Party -style politician. He– Mr. Speaker: Order, please. The honourable minister's time on this question has elapsed. Time for oral questions has expired. * (14:30) PETITIONS Mr. Speaker: Now, time for petitions. Applied Behavioural Analysis Services Mr.

Stuart Briese (Agassiz): I wish to present the following petition to the Legislative Assembly of Manitoba. The background for this petition is as follows:

(1) The provincial government broke a com - mitment to support families of children with a diagnosis of autism spectrum disorder, including timely diagnosis and access to necessary treatment such as applied behavioural analysis, also known as ABA services.

(2) The provincial government did not follow its own policy statement on autism services, which notes the importance of early intervention and ABA therapy for children with autism.

(3) The preschool waiting list for ABA services has reached its highest level ever with at least 68 children waiting for services. That number is expected to exceed 148 children by September 2016 despite commitments to reduce the waiting list and provide timely access to services.

(4) The current provincial government policy now i mposed on the ABA service provider will decrease the scientifically -proven, empirically based and locally proven program and force children to go to school at age five before they are ready, thus not allowing them full access to ABA services promised them as they wait for their –wait on their wait-list.

(5) Waiting lists, forced decrease in service and denials of treatment are unacceptable. No child should be denied access to or age out of eligibility for ABA services. We petition the Legislative Assembly of Manitoba as follows: To request the ministers of Family Services, Education and Advanced Learning and Health consider making funding available to address the current waiting list for ABA services. This petition is signed by D. Sewell, G. Morris, M. Bankert and many, many other fine Manitobans. Mr.

Speaker: In keeping with our rule 132(6), when petitions are read they are deemed to have been received by the House. Community-Based Brain Injury Services and Supports Mrs. Bonnie Mitchelson (River Eas t): I wish to present the following petition to the Legislative Assembly. The background to this petition is as follows:

(1) Brain Injury Canada, cited at http://braininjurycanada.ca/acquired-brain-injury/, estimates that 50,000 Canadians sustain brain injuries each year; over 1 million Canadians live with the effects of an acquired brain injury; 30 per cent of all traumatic brain injuries are sustained by children and youth, and approximately 50 per cent of brain injuries come from falls and motor vehicle collisions.

(2) Studies conducted by Manitoba Health in 2003 and 2006, and in the Brandon Regional Health Authority in 2008, identified the need for community-based brain-injury services.

(3) These studies recommended that Manitoba adopt the Sas katchewan model of brain- injury services.

(4) The treatment and coverage for Manitobans who suffer from brain injuries varies greatly,

612 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 resulting in huge inadequacies depending upon whether a person suffers the injury at work, in a motor vehicle accident, through assault or from medical issues such as a stroke, aneurysm or anoxia due to cardiac arrest or other medical reasons.

(5) Although in- patient services including acute care, short- and longer-term rehabilitation are available throughout the provinc e, brain injury patients who are discharged from hospital often experience discontinuation or great reduction of services which results in significant financial and emotional burdens being placed on family and friends. We petition the Legislative Assembly of Manitoba as follows:

(1) To urge the provincial government to develop and evolve community -based brain -injury services that include but are not limited to: case management services, known also as service navigation; safe and accessible housing in the community; proctor or coach- type assistance for community reintegration programs; improved access to community -based rehabilitation services and improved transportation, especially for people living in rural Manitoba, and

(2) To urge the provincial gover nment to encompass financial and emotional supports for families and other caregivers in the model that is developed. Mr. Speaker, this petition is signed by N. Baxell, C. Solon, M. Caslake and many, many other fine Manitobans. Manitoba Interlake–Request to Repair and Reopen Provincial Roads 415 and 416 Mr. Blaine Pedersen (Midland): I wish to present the following petition to the Legislative Assembly.

These are the reasons for this petition: The Interlake region is an important trans - portation corridor for Manitoba but, unfortunately, is still dealing with serious underinvestment in infrastructure under this provincial government. Provincial roads 415 and 416 are vital to the region but have still not been repaired or reopened since sustaining damages during the 2010 flood. Residents and businesses in the Manitoba Interlake are seriously impacted and inconvenienced by having no adequate east -west travel routes over an area of 525 square miles.

This lack of east -west travel routes is also a major public safety concern, as emergency response vehicles are impeded from arriving in a timely manner. We petition the Legislative Assembly of Manitoba as follows: To urge that the provincial government repair and reopen the provincial roads 415 and 416 to allow adequate east-west travel in the Interlake. And this petition is signed by J. Chaboyer, R. Desjarlais, B. Fossay and many more fine Manitobans. Provincial Trunk Highway 206 and Cedar Avenue in Oakbank–Pedestrian Safety Mr. Ron Schuler (St. Paul): Mr.

Speaker, I wish to present the following petition to the Legislative Assembly of Manitoba. The background to this petition is as follows:

(1) Every day, hundreds of Manitoba children walk to school in Oakbank and must cross PTH 206 at the intersection with Cedar Avenue.

(2) There have been many dangerous incidents where drivers use the right shoulder to pass vehicles that have stopped at the traffic light waiting to turn left at this intersection.

(3) Law enforcement officials have identified this intersection as a hot spot of concern for the safety of schoolchildren, drivers and emergency responders. We petition the Legislative Assembly of Manitoba as follows: To urge that the provincial government improve the safety at the pedestrian corridor at the intersection of PTH 206 and Cedar Avenue in Oakbank by considering such steps as highlighting pavement markings to better indicate the location of the shoulders and crosswalk, as well as installing a lighted crosswalk structure. This is signed by M. Rowan, B. Kinkowski, S.

Rowan and many, many other fine Manitobans. Interlake Emergency Room Staffing Mr. Ralph Eichler (Lakeside): Mr. Speaker, I wish to present the following petition to the Legislative Assembly of Manitoba.

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 613 The background to this petition is as follows: There is a severe shortage of emergency and regular medical care in the Interlake region of Manitoba. Staffing levels within such units such as hemodialysis, chemotherapy, emergency – outpatient services at the Johnson Memorial Hospital in Gimli are below operational levels. This lack of essential front -line services is causing patients to travel 45 minutes away for regular and emergency lifesaving treatments, often at their own expense.

This highway medicine approach places the welfare of residents and visitors to this community at further risk. This shortage creates additional strain to the limited rural ambulance services and results in all Manitobans paying more and getting less. We petition the Legislative Assembly of Manitoba as follows: To urge the provincial government to consider implementing a plan to cover the immediate shortfall in staffing levels and develop a long-term solution to provide timely and quality health care to the residents in the Interlake. This petition is submitted on behalf of S. Lywak, B. Lywak, J.

Tesarski and many other fine Manitobans. Budget 2016 Mrs. Myrna Driedger (Charleswood): Mr. Speaker, I wish to pre sent the following petition to the Legislative Assembly. The background to this petition is as follows: On April 30th, 2015, the Finance Minister clearly stated, and I quote: There will be another budget before the next election. End quote. The provincial government conducted budget consultations with Manitobans at significant taxpayer expense with the clear understanding there would be another budget before the next election.

Just two days after the Public Accounts for fiscal year 2014- 2015 were rel eased, showing the provincial government's deficit had ballooned by an additional $100 million more than budgeted, the Finance Minister stated, and I quote: I'm sorry I wasn't clear, but the fact of the matter is we're weighing our options as to whether or not to introduce a budget prior to the election. End quote. * (14:40) After months of misleading Manitobans, on February 4th, 2016, the provincial government finally admitted they would withhold the budget.

Manitobans deserve to have access to complet e information regarding the true state of the provincial government's fiscal mismanagement. The budget has been prepared, but the provincial government is hiding it and the facts from Manitoba instead of being transparent and accountable. We petition the Legislative Assembly of Manitoba as follows: To urge the provincial government keep its promise to the people of Manitoba and immediately bring forward the completed budget they are withholding from public scrutiny. And this is signed by J. Myska, B . Dodds, D. Chase and many others, Mr. Speaker.

Community-Based Brain Injury Services and Supports Mr. Shannon Martin (Morris): Mr. Speaker, I wish to present the following petition to the Legislative Assembly. The background of this petition is as follows:

(1) Brain Injury Canada, cited at http://braininjurycanada.ca/acquired-brain-injury/, estimates that 50,000 Canadians sustain brain injuries each year, over 1 million Canadians live with the effects–an acquired brain injury, 30 per cent of all traumatic brain injuries are sustained by children and youth, and approximately 50 per cent of brain injuries come from falls and motor vehicle collisions.

(2) Studies conducted by Manitoba Health in 2003 and 2006 and the Brandon Regional Health Authority in 2008 identified the need for community-based brain injury services.

(3) These studies recommended that Manitoba adopt the Saskatchewan model of brain injury services.

(4) The treatment and coverage for Manitobans who suffer brain injuries varies greatl y, resulting in huge inadequacies depending on whether a person suffers the injury at work, in a motor vehicle accident, through assault or from medical issues such

614 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 as a stroke, aneurysm or anoxia due to cardiac arrest or other medical reasons.

(5) Although in-patient services, including acute care, short - and longer term rehabilitation, are available throughout the province, brain injury patients who are discharged from hospital often experience discontinuation or great reduction of services with results in significant financial and emotional burdens being placed on family and friends. We petition the Legislative Assembly of Manitoba as follows:

(1) To urge the provincial government to develop and evolve community -based brain injury services that include but are not limited to: case management services, known also as service navigation; safe and accessible housing in the community; proctor or coach- type assistance for community reintegration programs; improved access to community -based rehabilitation serv ices; and improved transportation, especially for people living in rural Manitoba.

(2) To urge the provincial government to encompass financial and emotional supports for families and other caregivers in the model that is developed. And this petition, M r. Speaker, is signed by C. Bourns, K. Mistal and R. Stevenson and many other fine, fine Manitobans. Thank you. Minnesota-Manitoba Transmission Line Route– Information Request Mr. Dennis Smook (La Verendrye) : I wish to present the following petition to the Legislative Assembly of Manitoba. The background to this petition is as follows:

(1) The Minnesota-Manitoba transmission line is a 500- kilovolt alternating -current transmission line set to be located in southeastern Manitoba that will cross into the US border south of Piney, Manitoba.

(2) The line has an in -service date of 2020 and will run approximately 150 kilometres with tower heights expected to reach between 40 and 60 metres and be located every four to five hundred metres.

(3) The preferred rout e designated for the line will see hydro towers come in close proximity to the community of La Broquerie and many other communities in Manitoba's southeast rather than an alternate route that was also considered.

(4) The alternate route would have seen the line run further east, avoid densely populated areas and eventually terminate at the same spot at the US border.

(5) The Progressive Conservative caucus has repeatedly asked for information about the routing of the line and its proximity to densely populated areas and has yet to receive any response.

(6) Landowners across Manitoba are concerned about the impact hydro line routing could have on land values. We petition the Legislative Assembly of Manitoba as follows: To urge the Minister responsible for Manitoba Hydro to immediately provide a written explanation to all members of the Legislative Assembly regarding what criteria were used and the reasons for selecting the preferred routing for the Minnesota - Manitoba transmission line, including whether or not this routing represented the least intrusive option to residents of Taché, Springfield, Ste. Anne, Stuartburn, Piney and La Broquerie.

This petition is signed by T. Fast, K. Bell, J. Fehr and many more fine Manitobans. Budget 2016 Mr. Doyle Piwniuk (Arthur-Virden): Mr. Speaker, I wish to present the following petition to the Legislative Assembly of Manitoba. The background for this petition is as follows:

(1) On April 30, 2015, the Finance Minister clearly stated there will be another budg et before the next election.

(2) The provincial government conducted budget consultations with Manitobans at significant taxpayer expense, with the clear understanding that there will be another budget before the next election.

(3) Just two days after th e Public Accounts for fiscal year 2014 -2015 were released, showing the provincial government's deficit had ballooned by an additional $100 million more than budgeted, the Finance Minister stated: I'm sorry, I wasn't clear. But, in fact, of the matter is we 're weighing our options as whether or not to introduce a budget prior to the election.

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 615

(4) After months of misleading Manitobans, on February 4th, 2016, the provincial government finally admitted they would withhold the budget.

(5) Manitobans deserve t o have access to complete information regarding the true state of provincial government's fiscal mismanagement.

(6) The budget has been prepared, but the provincial government is hiding it and the facts for Manitobans instead of being transparent and accountable. We petition the Legislative Assembly of Manitoba as follows: To urge the provincial government to keep its promise to the people of Manitoba and immediately bring forward a complete budget they are withholding from public scrutiny. And this petition is signed by: F. Van Den Hoeb, C. Steele and O. Hanson and many fine Manitobans. Beausejour District Hospital–Weekend and Holiday Physician Availability Mr.

Wayne Ewasko (Lac du Bonnet): I wish to present the following petition to the Legislative Assembly. And these are the reasons for this petition:

(1) The Beausejour District Hospital is a 30 -bed, acute-care facility that serves the communities of Beausejour and Brokenhead.

(2) The hospital and the primary-care centre have had no doctor available on weekends and holidays for many months, jeopardizing the health and livelihoods of those in the northeast region of the Interlake-Eastern Regional Health Authority.

(3) During the 2011 election, the provincial government promised to provide every Manitoban with access to a family doctor by 2015.

(4) This promise is far from being realized, and Manitobans are witnessing many emergency rooms limiting services or closing temporarily, with the majority of these reductions taking place in rural Manitoba.

(5) According to the Health Council of Canada, only 25 per cent of doctors in Manitoba reported that their patients had access to care on evenings and weekends. We petition the Legislative Assembly of Manitoba as follows: To urge the provincial government and the Minister of Health to ensure that the Beausejour District Hospital and primary -care centre have a primary-care physician available on weekends and holidays to better provide area residents with in this– with this essential service. * (14:50) This petition is signed by L. Bush, L. Vallee, C. Harrison and many more fine Manitobans. Mr.

Speaker: I believe that concludes petitions. House Business Mr. Speaker: The honourable Official Opposition House Leader (Mr. Goertzen), on House business. Mr. Kelvin Goertzen (Official Opposition House Leader): On House business, Mr. Speaker. In accordance with rule 31(9), I'd like to announce that the private member's resolution that'll be considered on Thursday, March 3rd, is the resolution on broken trust me ans higher hydro rates, sponsored by the honourable member for Lakeside (Mr. Eichler). Mr.

Speaker: It has been announced that, in keeping with rule 31(9), that the private member's resolution that will be considered next Thursday on March the 3rd is the resolution on broken trust means higher hydro rates, sponsored by the honourable member for Lakeside. Any further House business? No, okay. We'll now call grievances. ORDERS OF THE DAY (Continued) GOVERNMENT BUSINESS Mr. Speaker: Seeing no grievances, we' ll move on to orders of the day, government business. Hon. Dave Chomiak (Government House Leader): Mr.

Speaker, we'd like to call Bill 15, customary care; and then, after that, debate on second reading of Bill 4, constructing Freedom Road; then second rea ding on Bill 3, post -secondary sexual violence and harassment policies; Bill 5, Surface Water Management Act; Bill 6, Francophone Community Enhancement and Support Act and Bill 17, The Manitoba Teachers' Society Act. Mr. Speaker: We'll be calling bills in the following order: starting with second reading of Bill 15, and then debate on second readings of Bill 4, followed by

616 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 second reading of Bill 3, and then second readings of Bill 5, Bill 6 and Bill 17. SECOND READINGS Bill 15–The Child and Family Services Amendment Act (Recognition of Customary Care of Indigenous Children) Mr. Speaker: And we'll proceed to start with second readings of Bill 15, The Child and Family Services Amendment Act (Recognition of Customary Care of Indigenous Children), standing in the name in the honourable Minister of Family Services. Hon. Kerri Irvin -Ross (Minister of Family Services): Mr.

Speaker, I move, seconded by the Minister of Mineral Resources (Mr. Chomiak), that Bill 15, The Child and Family Services Amendment Act, be now read a second time and be referred to the committee of this House. Her Honour the Lieutenant Governor has been advised of this bill, and I table the message. Mr.

Speaker: It's been moved by the honourable Minister of Family Services, seconded by the honourable Minister of Mineral Resources, that Bill 15, The Child and Family Services Amendment Act (Recognition of Customary Care of Indigenous Children), be now read for a second time and be referred to a committee of the House. And the message from the Lieutenant Governor has been tabled. Ms. Irvin -Ross: Mr.

Speaker, on today, which I believe to be an extremely historic day, as this government introduced Bill 18, the truth and reconciliation act, as well as just down the road two blocks we have national leaders meeting and discussing the tragedy of missing and murdered indigenous women and girls and working on solutions in how we move forward. So today I stand before my honourable colleagues to speak about Bill 15.

This bill introduces amendments to The Child and Family Services Act that will enable indigenous com - munities, including First Nations, Metis and Inuit communities, to exercise greater control over the care of their children. Through the introduction of this bill, we are seeking a monumental change to the child -welfare system, where government steps aside and reaffirms the rights of indigenous comm unities in Manitoba to assert responsibility for the care and protection of the indigenous children.

Through this bill, we are answering the calls to action of the Truth and Reconciliation Commission, that governments provide adequate resources to enable A boriginal communities and child-welfare organizations to keep Aboriginal families together where it is safe to do so and to keep children in culturally appropriate environments, regardless of where they reside. Mr.

Speaker, this bill –with this bill, we a re enshrining the legislation the best practices cited within Commissioner Ted Hughes's report on the Phoenix Sinclair inquiry related to community rights and responsibilities to decide what is the best for its children and the importance of community - developed solutions and community-based services. Through this bill, we have endeavoured to undertake the recommendations in the Assembly of Manitoba Chiefs' report, Bringing Our Children Home.

The AMC report recommended that we explore and develop new serv ice delivery models and ensure children remain in their home community, citing customary care as a model for consideration. I am pleased to be bringing this bill respecting customary care forward for consideration. Mr. Speaker, in November 2003, through t he Aboriginal Justice Inquiry Child Welfare Initiative, Manitoba was the first province in which First Nation and Métis people acquired province -wide authority and responsibility for their own child and family services system.

As part of our ongoing commitment to the AJI we are proud to introduce amendments that provide for customary care. Introducing customary care is another historic step in the recognition and affirmation of indigenous people's rights in Manitoba. The bill creates an additional care op tion for indigenous children, families and communities involved with the child- welfare system. It will change our approach to how we provide child and family services in Manitoba. Customary care is not new to indigenous communities.

Customary care is understood by indigenous communities as a traditional method of caring for children, premised on the belief that a child is the collective responsibility of the community. What's new is that this bill will provide a legislative basis for the provision of customary care to indigenous children in need of protection with financial and social work supports from CFS, recognizing the importance of preserving cultural identity for indigenous children, families and communities. We have also required that kinship

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 617 placements be considered first when out -of-home care is required for the safety of the child. Under customary care legislation, indigenous communities, in collaboration with Child and Family Services agencies, will take the lead in child -welfare planning and decision -making. The direct involve - ment of the indigenous community in care planning will strengthen the provision of culturally appro- priate care, supports and services for indigenous children and families.

Under the new legislation, when an indigenous child becomes involved with the child -welfare system, all relevant parties will be invited to come together to design a care plan for the child and family. The relevant parties will include parents, guardians, indigenous community representatives, Child and Family Services agency staff, and, in some cases, a customary care giver with whom a child may need to live under a customary care agreement. Notably, customary care givers will receive the same financial support as a foster parent when children reside with them.

One of the most important aspects of customary care is that it ensures that parents or guardians who participate in customary care agreements maintain guardianship even though their child lives with the customary care giver. This is a signific ant departure from the existing act, where a Child and Family Services agency becomes a guardian of a child in foster care. Through this change we strengthen an indigenous child's connection to family and community. In particular, the bill will maintain and enhance the important bond between a parent and a child, even in the most challenging of situations.

In supporting these positive connections the emphasis on engaging children and their families in programming and services will support improved outcomes for children and for families who are healing. The bill also makes it possible for a judge to reserve a protection order in favour of a customary care arrangement, returning a child to their com - munity.

Customary care arrangements do not require legislative time limits on their duration, another noteworthy departure from the existing act, which currently limits how long children can remain in out-of-home placements before becoming permanent wards of Child and Family Services. These proposed changes demonstrate the increased understanding that family healing takes time. The changes also encourage collaborative planning for healing, family reunification, and com - munity connection and reconnection for families. We recognize that indigenous communities each have unique care approaches for children and families.

The amendments are framed within a very broad definition of customary care to enable communities across this province to collaborate with CFS agencies in responding to the needs of the children and in developing customary care approaches that work within the community's own context. Customary care will be phased in throughout Manitoba beginning immediately –the Opaskwayak Cree Nation Child and Family Services, Island Lake First Nations Family S ervices, Sandy Bay Child and Family Services, Dakota and Ojibway Child and Family Services, Nelson House Family Services, West Region Child and Family Services.

The history of colonization and child apprehensions by a modern-day child-welfare system are closely intertwined. It is with great pride that I introduce this legislation, as I believe it will play a key role in breaking the cycle of intergenerational trauma. Before I conclude, Mr.

Speaker, I'd like to say a word of thanks to the indigenous leade rship who drive the consultative process, ensuring that each First Nations community has the support they need to implement this new legislation. * (15:00) I thank them for acknowledging that this bill is a great opportunity to bring about much needed change within the child and family services system . I value the views that have been shared with me throughout the development of this bill and have great respect for the concern that they have shown for their communities and for the safety and well-being of the children from their communities.

This bill opens the door for us to work collaboratively and diligently to realize the potential held by recognizing customary care for indigenous families in Manitoba. Together we must ensure that we empower indigenous communities and leadership and their respective Child and Family Services agencies to develop community -based models of customary care. Mr. Speaker, I believe that I speak for all honourable members of this Assembly when I

618 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 acknowledge that too many indigenous children have come into provincial care in Manitoba. I ask each of you to join in our efforts to change the future legacy of First Nations, Metis and Inuit children in our province through this legislation that allows the provision of customary care. Mr. Speaker: Further debate on this matter–any questions, pardon me, questions? Mr. Ian Wishart (Portage la Prairie): Mr.

Speaker, I would ask the minister to begin, perhaps, in general here, by defining for us all how she views customary care differing greatly from foster care in particular? Ms. Irvin -Ross: Customary care is drastically different from foster–a child tha t's placed in foster care. A child that's placed in foster care is a child in care. Customary care plan is the custom of the community. We will have the potential of having 64 different customary care communities across Manitoba and more as we work with t he Metis communities and the Inuit. Each community will define what their customary care plan will be.

It will include the professionals in the community, it will include the elders. It will include the indigenous leadership and the families that will come up with what the plan is. What's really important with this act is it will ensure that parents maintain guardianship. Parents will always have a seat at the table. Parents will always be a part of that plan. So the process for a family to become inv olved is one that is community-based. And I think that that is significantly different than the system that we have. Mr. Wishart: I thank the minister for her answer.

As the minister knows and actually referred to, we have seven distinct indigenous groups in Manitoba. And under the act, the minister has the power and discretion to define what is an indigenous community. I wonder if she'd like to share with us how she plans on defining what's an indigenous community. Ms. Irvin -Ross: When I made the reference to the 64 communities, I was speaking of the 64 First Nations communities that are recognized. They are all Manitobans. They are a part, and an important part of the fabric of our communities, but they are distinct communities.

But we also have a r esponsibility when we're working with the Metis and the Inuit. Customary care is a tradition of First Nation families, but we believe that customary care will also be very beneficial within the Metis and the Inuit com - munities. So we need to be able to work with the leadership of the MMF, as well as with the leadership of the Inuit community, and talk about how they define the boundaries of their community, which is far –is vastly different than how the

definitions are for First Nations communities. So that allows us to have the flexibility. It will be done always within consultation with indigenous leaderships and with the communities themselves. This is providing more opportunities for families to get the support that they need so they can keep their children in their homes and in their communities and be a part of their traditions. Mr. Wishart: And, following up on that, the minister has made reference to the leadership that she will be consulting with. Could she be a little more specific about exactly what she views as the leadership of the community? Ms.

Irvin -Ross: There are multiple layers of consultation that need to occur with the imple - mentation of this act. The consultation that I have been involved in has happened at what we call the leadership council. And that includes Grand Chief Nepinak from the Assembly of Manitoba Chiefs. That includes President Chartrand from the Manitoba Metis Federation. That includes Grand Chief Nelson from the Southern Chiefs' Organization. It now includes Sheila North Wilson from MKO, as well as a Metis woman and as well as the Minister of Family Services. So we have had consultation at that level.

But what is vitally important is the consultation that will happen in every local community. We have had a number of m eetings with the board of directors of agencies. The one that I recall the most passionate meeting was when I met with the chiefs from the West Region CFS and their com - mitment and the way that they spoke about what they saw customary care. Chief Shannacappo, he spoke as a person who's participating as a customary caregiver and talked about the benefit that it provides him and that child.

So there will be consultation that happens at the leadership–indigenous leadership, but then it'll also happen at the local leadership with chiefs and councils, elders and community members as well as service providers for those communities.

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 619 Mr. Wishart: I thank the minister for her answer. She made reference to some already done consultations, and yet in the press we have seen a couple of these leaders that she referred to say there, in fact, hadn't been any consultation on this new bill yet. Can she explain to us the exact times that she did consult with the example of Derek Nepinak and Sheila North Wilson and Metis leader Chartrand? When has she consulted with them? Ms. Irvin -Ross: As I have spoken on both– on previous questions is that there are different aspects of consultation.

We have had a number of leadership council meetings, and we have had this conversation ongoing. Grand Chief Nepinak has been passionate about customary care and the–as I said in my speaking points, he brought it up and was referenced in Bringing Our Children Home. I know that there has been a number of conversations with the Premier (Mr. Sel inger) and with myself. So we have had preliminary consultations for what is going to happen with this, which makes it even more important is that the consultation is going to happen in individual communities.

So, yes, there is much more consultation tha t needs to happen; there are conversations that need to happen because what would be considered customary care in Sagkeeng First Nation may not be what is seen as customary care at Opaskwayak Cree Nation. So we need to make sure that we are providing those opportunities for consultation to happen at all levels. The leadership council, the indigenous leadership that I have cited, we are continuing to have conversations with them about the progress that we are making. I am extremely excited about this. There is a lot of work that has to happen.

But we have a commitment to move forward to rolling this out early in the spring into seven communities. It is going to be significant. It is going to make changes for a number of families. Mr. Wishart: The minister certainly had made reference to ongoing consultations, but they were in general, as certainly the discussion I have had regarding Bringing Our Children Home, a document that was put together by the First Nations in this province, and it didn't have the spe cific details that are available in this Bill 15. So has she actually spoken about the content of Bill 15 with these groups? Ms.

Irvin-Ross: There is ongoing conversation with the leadership council frequently about this bill and previous bills. We have a good working relationship. We work together keeping children at the centre of the table, not trying to make cheap political shots at all. It is about children in the centre. What do we need to do to support them, to support their families and support their communities? That's the work that we're doing. I was extremely proud when on December 2nd when many of us, close to 100, I think, gathered at Thunderbird House and announced the introduction of this legislation.

It was a proud moment to be surrounded from–by chiefs, a number of chiefs, around 20, I think, that represented the north, the south, the east, the west. It was beautiful, and the hope that we have entrusted in this process. It is a new beginning. It is turning the page. It is opening a door for us to do business differently in this province that is going to be significant. * (15:10) I cannot underplay this. It is going to be significant.

The opportunities for us to acknowledge the traditional way of customary care and to remove some of the policies that prevent that from happening today, for ensuring that parents sit at the table, that they remain the guardian and the caregiver for that child, they are part of the decision making; that is so significant. That is going to ensure that a child, if their family is in crisis, they will still have that sense of belonging. They will still know who they are. They will still know their parents. They will still be protected in their community. That is very significant. Mr.

Wishart: I appreciate the co mments. I am a great fan of pilot projects. I've proposed a number in the past, in various other areas. I wondered how the minister selected the six First Nations that she chose for pilot projects in this case. Ms. Irvin-Ross: I want to make it very clear to all honourable members in this House that this is not a pilot project, that we are introducing legislation that is significantly going to change what is going to happen in this province for indigenous children under The Child and Family Services Act. This is, by far, not a pilot project.

This is significant change that is happening. We are starting with these seven communities. These communities were chosen; some of them have approached us. They were chosen in consultation

620 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 with the great folks that I wo rk with in the Department of Family Services. They identified them as leaders within the child -welfare system, as people that were interested in working on a customary care model. We are extremely excited. We know that there is anticipation by the commun ity members, by the leadership, of the opportunity that this is going to provide. Hon. Jon Gerrard (River Heights): I'm looking for a little bit of clarification in this.

My understanding is that the bill provides that the minister can designate what is an indigenous community and, by implication, what is not an indigenous community, and that some communities will be designated indigenous and others will be left out. Now I presume that the minister is trying to designate a community as being ready for cus tomary care. What will the minister judge in terms of whether a community is ready to deliver customary care? Ms. Irvin -Ross: Mr.

Speaker, once this bill has been–gone to committee and is passed, the third reading and has royal assent, it will be –communities will be able to say that they want to implement customary care. Yes, there will have to be consultation that happens within their community to define what it means. This bill is extremely broad, but necessarily so, because of the uniqueness and the diversity of communities. As I had spoken earlier to the member opposite, that First Nations communities are very clearly defined. For the Metis and the Inuit, they do not have a clear definition.

But, by golly, they want to be a part of this. They want to be a part of having these opportunities of customary care, and the Metis and the Inuit will tell you that they practise that too; however, their communities are not clearly defined. And so this amendment in the bill will give us that opportunity to work with communities and indigenous leadership and to define what is a indigenous community in order for it to participate in customary care.

That will be significant, I believe, and I think that when I have my conversations with President Chartrand, that it is im portant that he is at the table and that the Metis people are represented and customary care is an option for them. And, when I met with the leadership of the Inuit, I heard the same: that they need to be at the table, that they need to be acknowledged as being eligible to participate in customary care. So this was one of the ways that we could build some bridges to these groups.

I think that there are –we do not have a checklist on communities regarding whether you're customary care ready or not. It is ab out people wanting to embrace the principles and the values of customary care, and they want to do the work, because it is going to be a lot of work to sit with your community members and define what is your customary care plan and to work with these very difficult family situations that are extremely emotional. I need to make sure that this House understands that we still will have safety as the No. 1 priority for the children.

So customary care is an option, but if customary care is not the option for t he particular family or it cannot be agreed upon, we will have to go back and use the other tools that we have within the family services act. But customary care is, as I've said time and time again, it is a beginning and it is to be celebrated. Mr. Gerrard: Mr. Speaker, just in follow-up and for some clarity because people have asked me this, in Winnipeg we have, for example, indigenous people living. We have many non- indigenous people living. Will, you know, Ma Mawi be able to deliver customary care?

Will Jewish Child and Family Service be able to deliver customary care? What about people from, you know, Sierra Leone or Somali community? What–kind of explain a little bit how this is going to work and how it will work in this–with regard to this bill. Ms. Irvin-Ross: So our focus is indigenous children significantly, right now at this time as we are implementing customary care, and that is because of the high rate of indigenous children that are in care and we need to focus on that.

But I've had meetings with the leaders of other communities of the newcomer group, and they are talking about customary care and their desire to participate in. We are not closing those doors right now, but right now we need to focus our attention on First Nation, Metis and Inuit children and families and communities and focus on that.

And, as we are approached by other communities, we will certainly have those conversations, but it is starting today, and, hopefully, when this bill is passed it will start acknowledging the traditional ways and valuing the traditional ways that First Nations have been doing for generations. And I think that that is significant,

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 621 and that is our way of moving forward with reconciliation. Thank you. Mr. Speaker: That'll concl ude the question period permitted for this bill. Is there any further debate on this matter? Mr. Wishart: It's a pleasure to rise and put a few words on the record regarding Bill 15. This is something that our party has been looking at as well, in par ticular, driven a lot by Bringing Our Children Home document the First Nations published some time ago.

And other jurisdictions in other provinces and territories have been using some form of this for some time, some with fairly good success. And, as we're quite concerned about the ever -rising number of children in care here in Manitoba, we have been looking for alternatives that may actually have been provided at the stronger level of support that needs to be in place to make sure that First Nations groups and First Nations children will get the kind of support that they need so that they can actually succeed.

So we're very interested in the debate that'll arise today and any following debate on this area because we see–we certainly see a problem. I don't think any–that it's any surprise to anyone that if you look at the ever -rising number that has been happening over the last 17 years of this government, number of children in care, that there's been a problem for a while. In fact, ever since devolution, there has certainly been some issues and how well things have been managed. So that does not mean devolution cannot be a very successful process. It becomes more about the management.

And, back in 2006 we saw a crisis in management with this government when they had high numbers of kids in hotels and seemed unable to provide service, a level of service not only to the kids they were housing in hotels, but to the kids in the community. And, about the same time, of course, the Phoenix Sinclair crisis arose. * (15:20) And it does seem to us that we have been, ever since then, lurching from one crisis to the other in terms of how we have been managing CFS in this province.

And, certainly, we have had a lot of people not only impacted directly by CFS, but looking over our shoulder and saying, you know, what's going on here? Why is this working so badly? Why do we have so much–so many problems? Ms. Jennifer Howard, Deputy Speaker, in the Chair And, in fact, if I can find the right page here, we've had over 20 kids , actually, during that period of time die in the care of CFS. It's just a very tragic number and far, far too many. In fact, we continue to have suicides at a near record rate in the system, and it is just a very poor example of what can happen.

Some of the kids that–of the 20 that died since 2005 alone, include, of course, Tina Fontaine –which was the most recent one –Phoenix Sinclair herself, Gage Guimond, Jaylene Sanderson- Redhead, Breana Belanger, Heaven Traverse, Venecia Shanelle Audy, Patsy Demarais, Michael Helgason and Tracia Owen and then Baby Amelia. And, you know, that is only a fraction of what has happened in the system because that does not count many of the suicides that occurred for children in the community, even though they were supposedly under care.

So we clearly have had a crisis situation and, on top of that, we've been seeing a generational issue from one group to the other. We –it's difficult to get numbers, as the Deputy Speaker knows, difficult to get numbers from all the different agencies and track kids and their success rates all the way through. But we have certainly been getting messages from groups like Siloam Mission and some of the other missions about the number of kids that turn out to them and that they get information on. And Siloam Mission actually offered some very well -documented assessments of what was going on generationally.

When they showing us numbers that supported the kids that had gone through the CFS system and ended up on their doorstep, sometimes right out of care at 18 plus a day, or some of them several years later after they had been on the street for a while, which certainly didn't add to their quality of life. But they showed us some numbers that suggested 41 per cent of the children they saw actually had at least one parent in the system. So we clearly were not providing–over a period of time we were not providing the types of support that stabilized the situation.

So we are clearly joining this government in looking for other options because the system as it exists now is struggling to succeed in a major way. And so we're certainly open to some suggestions as to what might be done to improve things. The concept of customary care could certainly do that. Many communities are in strong enough position to provide and define what is necessary in terms of the type of structure in the community and to have families in place and to make sure that they have the

622 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 supports in the community. But one of the areas that has been identified by the Children's Advocate office is the lack of support for those children in the community that have special needs. And, in particular–and they were very quick to reference this–in particular, rural and remote communities.

And so it'll be a very major challenge that won't– those kids won't go away under a customary care system, and we will need to find a way to make sure that these communities have access to the extra services that these special needs children will need in these communities, and we have not been able to provide it in an adequate way up until now, and though certainly we can look at different alternatives, I saw nothing in the bill that would suggest to me a different approach.

In fact, it may leave some of the communities struggling to find these extra services, and I do hope the minister keeps that in mind because I think it would be a very important component to add some type of support structure within her department to make sure that these types of services are found and made available in these rural communities, because it is a challenge for many of these rural communities to find the psychologists and the psychiatrists and the health- care pro - fessionals other than that would be necessary in the area of addictions and, in particular, help in these communities.

Now, we've seen some fairly successful, I won't call them pilots, but attempts to do this in Nelson House that have yielded, I think, very promising results, and I certainly encourage that type of model. And it is really a form of customary care that was initiated at the –by the local community, and I certainly would like to applaud them for the work that they have done and the results that they have received.

They have clearly shown that they value their children and they are prepared to put a lot of things aside and put children first in their process to make sure that they can put the type of supports in place to help these children. It was very creative of them. They took a different approach. Rather than removing the children from the household, they removed the problem adult and, of course, had to find an alternative housing in the community for the problem adult. And we all know how difficult it is to find housing in many of these rural communities, so that was certainly an initial problem that they dealt with.

But then they would make sure that there was someone in place to help deal with the problems in the household and help that household move along and make sure that the kids had everything that they need. And one of the real strengths of it is the children were not disrupted. They were not put in crisis. The family had less trauma than they probably did by the removal of the children.

And I think all of us have talked to a number of families that have been impacted by CFS in the past, where you find t hat the trauma of having the children removed from the household, it's very difficult for the children, it's very difficult for the family members that remain in the household and any others. And we've seen, in many cases, family destruction, whether it, y ou know, whatever end it starts, whether it's the children losing contact with the parents or the parents losing contact with the children or the parents themselves not being able to reconcile what had happened to their family.

It has certainly led repeatedly to families that have been destroyed. So this is certainly a better approach, in our mind, and I hope it can be made to work. With that, of course, becomes the obligation that if you remove the parents, you have to make sure that the parents get access to the help that they need. And that, too, has been a challenge in many of these rural and remote communities, whether it be addictions counselling, whether it be mental health counselling, whether it just be family lifestyle counselling. And, frankly, poverty is a factor in this, as we all know.

And poverty in these communities is quite high. And how to deal with poverty in these communities is a societal problem that has many, many different factors involved in it. And we need to look at how we can try and provide supports to deal with that particular issue. Our ever-increasing rate of child poverty in this province is certainly nothing that any of us should be proud of. And we need to look at ways to try and deal with that, perhaps some different approaches.

And I would dare to suggest that the desire to have your family intact might actually be a factor in that, and perhaps that this type of change will help bring families back together. And if we can get families back together, working together, living together and strengthen their desire to move forward, perhaps we can get a little more success in terms of the economic success of that particular family. It's hard to separate these things when you're looking at what's going on. So, certainly, it is interesting way to approach this. We're looking forward, as I said, to the debate.

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 623 We believe that there is a lot of factors that need to be discussed in relation to this. I guess I would be remiss to not talk a little bit about numbers. We've had some discussion lately about how we count kids in care.

And I think it's important that we continue to recognize, even when we're in customary care, that these are children that the Province has some level of responsibility to, whether or not they're counted as children in customary care, as is done in some provinces, whether they call it custom care or they have a number of different–custom adoption issues, in some territories–doesn't really matter what you call it. I do believe it is important that they continue to be counted, the same as children that are placed there in voluntary care. I don't think we should be removing these kids from the total.

I think it is important that we recognize we have ongoing obligations to these children. And we have ongoing obligations to many of these family members as well, to make sure that we do what we committed to do in providing the supports to keep that family intact. * (15:30) And there's lots of data to suggest that usually if you can get the family back together and working together, that within a couple of years stability can return and that can become a very positive way to move this family forward. But there are plenty of challenges in this, and certainly many of them reach beyond this particular bill.

So I think it's important that we make sure that this bill not be operated in isolation. I think we need to bring as many different approaches as possible to provide the supports, and I know it will be a huge challenge to make sure that we have some of these supports in many rural communities. Even here in this city, for many of the kids in care in the city of Winnipeg, it's going to be difficult to make sure we have the supports in place. If the same approach is taken as has been done in Nelson House, where we moved a parent from a household because of crisis of that individual, where are we going to put them?

How are we going to make sure that they have supports? How are we going to keep them in contact with the family? And those types of problems have to be looked at, and I actually think it would be very educational to look at what we do inside the city in one of the early attempts. And I recognize the minister used the word pilot projects.

Perhaps she meant a pilot approach to the whole moveme nt to move to this type of care – custom care, and I'm sure that that's probably what she had in mind, but we have also the problems that are represented in a big urban centre where tracking people and movement occurs every day, and, of course, there are man y challenges that occur in big urban centres that we don't see in rural communities.

But the rural communities still remain one of the problem areas, and making sure that the services are there, making sure that there's stuff for the kids to do in those communities, will be important, but it would be very valuable to keep those children in their homes supported in that form, keep them back in school because we've talked many times about the poor Aboriginal graduation rates that exist in Manitoba and, in particular, some of these rural communities. So anything that we can do to help in this area would certainly be extremely valuable. Now, I do hope a proper consultation process is undertaken.

I know from the member from River Heights' comments that he, to o, shares my concern that communities will have issues with the definition of who qualifies and how they qualify. I know that even in the Aboriginal community there's divisions, sometimes that are constructive and sometimes that are not constructive, and i t will provide a challenge and perhaps bring some of these communities back together, frankly, to try and deal with this problem.

But I think it's very important that a very valuable consultation process be begun in this process, and the minister says sh e's had some discussions already and I appreciate that. I think it's important that you don't move too far too fast until you have completed those discussions and make sure that you have these communities on board with you.

I think that that's absolutely e ssential, and make sure that they feel that the right people are part of the process because sometimes in rural communities there is one group that speaks and another group that does, and I think it's important that we get both of these groups on board, not only the ones that want to speak, but the ones that will actually end up doing the work in the community and have success in those communities, because that's what you're going to need. The ones that do will be the ones that are involved.

And I think it will be very, very interesting and very positive for many of the family members to be involved in bringing children up, whether they be grandchildren, nieces and nephews, because we do know that, as it exists right now, we have lots of foster parents th at do have some type of kinship

624 LEGISLATIVE ASSEMBLY OF MANITOBA February 25, 2016 relationship with the foster children in their care. That often strengthens the connections very much and provides better opportunities to keep family connections, to keep the parents as close as possible, but many times we see the parents actually having to leave the community to get the extra services that they're required, and especially the special needs children having to leave the community to get the extra services that they require, and that is not a positive part of the process.

I think it's important to keep them in the community as much as we can, to keep them con- nected not only to their immediate family, to their parents, but to their peers in the school. One of the factors that keep kids in school is the connection that they have with their friends in school. If you take that away, it is very difficult for them to create new ones and often very devastating to those kids. It leaves them isolated, frankly, probably vulnerable in many ways to mental depression, mental health issues and perhaps even to the suicide side of things.

I think it's important that we keep everybody as connected as possible in a community. Now, we're certainly hopeful that this bill continues to have good discussion, that it continues to g et very strong engagement, in many groups in Manitoba, because up until now it doesn't seem to have had a great deal of engagement with many communities. I have spoken to a number of First Nations communities, both to the communities and also to the chief and council, and it is certainly not very much on their radar.

They're showing a lot of interest in it, which I think is very positive; however, I think, the process has to be worked through very carefully. Now, Madam Speaker –excuse me–I think it's important that we make sure that this takes a proper process and that everybody is given their engage - ment in this, whether or not they would be a part of the current child -welfare system or whether they would be other members of the community, because this has an impact on the whole community, not just on the child-welfare system.

So it's important that we reach out not only to the elected leaders, but to other the leaders in the community, and I think that that will probably be a little slower process than perhaps the minister has envisioned, because I think it is very important that we get this type of overall real engagement in the community. So I know that there are a number of other people that wish to speak to this particular bill. I know that we have a lo t of interest in our caucus, in this bill. So I would certainly be happy to provide the–or provide my colleagues with an opportunity to speak to this.

We know that we have a crisis situation in Child and Family Services here in this problem. We know that t he numbers are very high compared to other jurisdictions that have similar types of demographics. The example that's always used is Saskatchewan. I know the minister doesn't particularly care to be compared to Saskatchewan, where they have roughly 4,600 children in care and very, very similar types of demographics to we –to what we have here. But the reality is, that's what the numbers are, so that would indicate to us that there is certainly problems here that we need to find solutions for.

Perhaps this is an approach to deal with the solution, but it's certainly important that we continue to work together with the First Nations and try and find some solutions in regards to this. I'll –with those few comments on record, I would certainly encourage others to speak to this bill. Mrs. Bonnie Mitchelson (River East): Thank you very much, Madam Acting Speaker, and I rise to put a few comments on the record today on Bill 15, The Child and Family Services Amendment Act, that recognizes customary care of indigen ous children.

And I did hear the minister indicate, in her responses to the member for River Heights (Mr. Gerrard), that, you know, the focus was on indigenous children, and I can understand that. But I'm just hopeful that when we bring in legislation, we' ve got legislation that's inclusive of all communities, all parts of Manitoba and all cultures. So, if that homework hasn't been done by the government, I would encourage that those steps be taken, because there isn't any legislation that should focus only on one culture in our province at the exclusion of others.

We have seen a track record of this government as a dismal failure when it comes to supporting children in our child and family services system , and I have some experience with dealing with the child and family services system, having been the minister for six years under the Filmon administration, and not an easy portfolio.

And some of the issues that have to be dealt with –and I know you, Madam Acting Speaker, as well as many others on your side of the House have had the oppor tunity to serve in that position in –under the New Democratic administration, and it isn't easy, and there are many nights that you take issues home with you and can't let them go as a result of some of the horrendous

February 25, 2016 LEGISLATIVE ASSEMBLY OF MANITOBA 625 things that happen to children and families. And very often we can feel quite helpless, and it's important that the right decisions are made for the right reasons to move forward. And I know that we were cautiously optimistic when the devolution legislation came in, hopeful that we would see an improvement in our child and family services system as a result. * (15:40) And, Madam Speaker, I have to say that I don’t believe that the whole process of devolution was handled appropriately by this government.

And even though it took a few years to i mplement devolution, it wasn't long enough, because what this government did was set those agencies up to fail. They didn't have the opportunity to get their proper training in place and the proper people in place to provide the supports and the services t o the most vulnerable children in our society. And we saw some horrible things happen to children as a result. We saw files closed on children and those children transferred to different agencies. We saw a mess within the system.

We saw workers –we had workers coming to us behind the scenes and saying, they are rushing this ahead; we are being told to close these files and get them off our plates and get these children moving because they want to move on devolution. And, Madam Speaker, we saw some horrendous things happen. We saw the terrible instance of Gage Guimond, who was moved out of a caring a

Document details

Collection	Manitoba — Debates (Hansard)
Citation	40-5-19b
Type	hansard
Volume / chapter	40th 5th hansardpdf 19b.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	94ddc755ea44a7cf06d1d0bc99f00a2887b2c73d

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