British Columbia Hansard — 22 November 2021, p.m., Issue 135 (42nd Parliament, 2nd Session)

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British Columbia — Debates (Hansard)

Second Session, 42nd Parliament OFFICIAL REPORT OF DEBATES (HANSARD) Monday, November 22, 2021 Afternoon Sitting Issue No. 135 THE HONOURABLE RAJ CHOUHAN, SPEAKER ISSN 1499-2175

PROVINCE OF BRITISH COLUMBIA (Entered Confederation July 20, 1871) LIEUTENANT-GOVERNOR Her Honour the Honourable Janet Austin, OBC Second Session, 42nd Parliament SPEAKER OF THE LEGISLATIVE ASSEMBLY Honourable Raj Chouhan EXECUTIVE COUNCIL Premier and President of the Executive Council ............................................................................................................... Hon. John Horgan Deputy Premier and Minister of Public Safety and Solicitor General ...................................................................... Hon.

Mike Farnworth Minister of Advanced Education and Skills Training...........................................................................................................Hon. Anne Kang Minister of Agriculture, Food and Fisheries......................................................................................................................Hon. Lana Popham Attorney General and Minister Responsible for Housing .............................................................................................Hon.

David Eby, QC Minister of Children and Family Development ....................................................................................................................Hon. Mitzi Dean Minister of State for Child Care...................................................................................................................................... Hon. Katrina Chen Minister of Citizens’ Services.....................................................................................................................................................Hon.

Lisa Beare Minister of Education .................................................................................................................................................. Hon. Jennifer Whiteside Minister of Energy, Mines and Low Carbon Innovation ........................................................................................Hon. Bruce Ralston, QC Minister of Environment and Climate Change Strategy............................................................................................. Hon.

George Heyman Minister of Finance .......................................................................................................................................................... Hon. Selina Robinson Minister of Forests, Lands, Natural Resource Operations and Rural Development ................................................ Hon. Katrine Conroy Minister of State for Lands and Natural Resource Operations................................................................................. Hon.

Nathan Cullen Minister of Health and Minister Responsible for Francophone Affairs.............................................................................Hon. Adrian Dix Minister of Indigenous Relations and Reconciliation .......................................................................................... Hon. Murray Rankin, QC Minister of Jobs, Economic Recovery and Innovation....................................................................................................... Hon.

Ravi Kahlon Minister of State for Trade...............................................................................................................................................Hon. George Chow Minister of Labour ...................................................................................................................................................................Hon. Harry Bains Minister of Mental Health and Addictions.............................................................................................................. Hon.

Sheila Malcolmson Minister of Municipal Affairs ............................................................................................................................................. Hon. Josie Osborne Minister of Social Development and Poverty Reduction........................................................................................... Hon. Nicholas Simons Minister of Tourism, Arts, Culture and Sport .................................................................................................................. Hon.

Melanie Mark Minister of Transportation and Infrastructure................................................................................................................... Hon. Rob Fleming Minister of State for Infrastructure ................................................................................................................................... Hon.

Bowinn Ma LEGISLATIVE ASSEMBLY Leader of the Official Opposition...................................................................................................................................................Shirley Bond Leader of the Third Party .......................................................................................................................................................... Sonia Furstenau Deputy Speaker..........................................................................................................................................................

Spencer Chandra Herbert Assistant Deputy Speaker..............................................................................................................................................................Norm Letnick Deputy Chair, Committee of the Whole .......................................................................................................................... Ronna-Rae Leonard Clerk of the Legislative Assembly ...........................................................................................................................................

Kate Ryan-Lloyd Law Clerk and Parliamentary Counsel.............................................................................................................................. Seunghee Suzie Seo Clerk Assistant, Parliamentary Services........................................................................................................................... Artour Sogomonian Clerk of Committees.......................................................................................................................................................................

Jennifer Arril Clerk Assistant, Committees and Interparliamentary Relations ..............................................................................................Susan Sourial Committee Clerk ............................................................................................................................................................................... Karan Riarh Sergeant-at-Arms ........................................................................................................................................................................... Ray Robitaille

ALPHABETICAL LIST OF MEMBERS Alexis, Pam (BC NDP) ............................................................Abbotsford-Mission Anderson, Brittny (BC NDP) .........................................................Nelson-Creston Ashton, Dan (BC Liberal Party) ............................................................... Penticton Babchuk, Michele (BC NDP)...............................................................North Island Bailey, Brenda (BC NDP).................................................. Vancouver–False Creek Bains, Hon. Harry (BC NDP).........................................................

Surrey-Newton Banman, Bruce (BC Liberal Party) ............................................ Abbotsford South Beare, Hon. Lisa (BC NDP) .......................................

Maple Ridge–Pitt Meadows Begg, Garry (BC NDP).................................................................Surrey-Guildford Bernier, Mike (BC Liberal Party) ...............................................Peace River South Bond, Shirley (BC Liberal Party).................................Prince George–Valemount Brar, Jagrup (BC NDP) ................................................................Surrey-Fleetwood Cadieux, Stephanie (BC Liberal Party) .............................................

Surrey South Chandra Herbert, Spencer (BC NDP).................................Vancouver–West End Chant, Susie (BC NDP) ..............................................North Vancouver–Seymour Chen, Hon. Katrina (BC NDP) ............................................... Burnaby-Lougheed Chouhan, Hon. Raj (BC NDP).................................................Burnaby-Edmonds Chow, Hon. George (BC NDP) ..........................................Vancouver-Fraserview Clovechok, Doug (BC Liberal Party)........................Columbia River–Revelstoke Conroy, Hon.

Katrine (BC NDP) ....................................................Kootenay West Coulter, Dan (BC NDP) .......................................................................... Chilliwack Cullen, Hon. Nathan (BC NDP) ................................................................... Stikine Davies, Dan (BC Liberal Party)................................................. Peace River North de Jong, Michael, QC (BC Liberal Party)....................................Abbotsford West Dean, Hon. Mitzi (BC NDP) ...............................................

Esquimalt-Metchosin D’Eith, Bob (BC NDP) .........................................................Maple Ridge–Mission Dix, Hon. Adrian (BC NDP) ................................................ Vancouver-Kingsway Doerkson, Lorne (BC Liberal Party) ........................................Cariboo-Chilcotin Donnelly, Fin (BC NDP) .......................................... Coquitlam–Burke Mountain Dykeman, Megan (BC NDP)............................................................... Langley East Eby, Hon. David, QC (BC NDP).......................................

Vancouver–Point Grey Elmore, Mable (BC NDP) ..................................................Vancouver-Kensington Farnworth, Hon. Mike (BC NDP) .................................................Port Coquitlam Fleming, Hon. Rob (BC NDP) ...............................................

Victoria–Swan Lake Furstenau, Sonia (BC Green Party) .............................................Cowichan Valley Glumac, Rick (BC NDP) ..................................................Port Moody–Coquitlam Greene, Kelly (BC NDP) ........................................................Richmond-Steveston Halford, Trevor (BC Liberal Party) .........................................Surrey–White Rock Heyman, Hon. George (BC NDP) .........................................Vancouver-Fairview Horgan, Hon. John (BC NDP) ......................................... Langford–Juan de Fuca Kahlon, Hon.

Ravi (BC NDP) .............................................................. Delta North Kang, Hon. Anne (BC NDP) .................................................. Burnaby–Deer Lake Kirkpatrick, Karin (BC Liberal Party) ........................West Vancouver–Capilano Kyllo, Greg (BC Liberal Party)....................................................................Shuswap Lee, Michael (BC Liberal Party) ..............................................Vancouver-Langara Leonard, Ronna-Rae (BC NDP)...............................................

Courtenay-Comox Letnick, Norm (BC Liberal Party) .................................. Kelowna–Lake Country Lore, Grace (BC NDP)........................................................... Victoria–Beacon Hill Ma, Hon. Bowinn (BC NDP).....................................North Vancouver–Lonsdale Malcolmson, Hon. Sheila (BC NDP)........................................................Nanaimo Mark, Hon. Melanie (BC NDP).................................Vancouver–Mount Pleasant Mercier, Andrew (BC NDP) ........................................................................

Langley Merrifield, Renee (BC Liberal Party)......................................... Kelowna-Mission Milobar, Peter (BC Liberal Party) .......................... Kamloops–North Thompson Morris, Mike (BC Liberal Party) ................................. Prince George–Mackenzie Oakes, Coralee (BC Liberal Party).................................................. Cariboo North Olsen, Adam (BC Green Party)............................ Saanich North and the Islands Osborne, Hon.

Josie (BC NDP)........................................Mid Island–Pacific Rim Paddon, Kelli (BC NDP) ................................................................Chilliwack-Kent Paton, Ian (BC Liberal Party) ............................................................... Delta South Popham, Hon. Lana (BC NDP)........................................................ Saanich South Ralston, Hon. Bruce, QC (BC NDP) .............................................Surrey-Whalley Rankin, Hon.

Murray, QC (BC NDP) .............................Oak Bay–Gordon Head Rice, Jennifer (BC NDP) ...................................................................... North Coast Robinson, Hon. Selina (BC NDP)...................................Coquitlam-Maillardville Ross, Ellis (BC Liberal Party)......................................................................... Skeena Routledge, Janet (BC NDP) .............................................................Burnaby North Routley, Doug (BC NDP)...........................................

Nanaimo–North Cowichan Russell, Roly (BC NDP).................................................... Boundary-Similkameen Rustad, John (BC Liberal Party)......................................................Nechako Lakes Sandhu, Harwinder (BC NDP) .................................................Vernon-Monashee Sharma, Niki (BC NDP)..........................................................Vancouver-Hastings Shypitka, Tom (BC Liberal Party) .................................................... Kootenay East Simons, Hon. Nicholas (BC NDP).........................

Powell River–Sunshine Coast Sims, Jinny (BC NDP) ................................................................. Surrey-Panorama Singh, Aman (BC NDP) .............................................Richmond-Queensborough Singh, Rachna (BC NDP)...................................................Surrey–Green Timbers Starchuk, Mike (BC NDP) ......................................................... Surrey-Cloverdale Stewart, Ben (BC Liberal Party) .......................................................

Kelowna West Stone, Todd (BC Liberal Party) ...............................Kamloops–South Thompson Sturdy, Jordan (BC Liberal Party) ............................. West Vancouver–Sea to Sky Tegart, Jackie (BC Liberal Party)....................................................... Fraser-Nicola Walker, Adam (BC NDP) ....................................................... Parksville-Qualicum Wat, Teresa (BC Liberal Party) ....................................... Richmond North Centre Whiteside, Hon. Jennifer (BC NDP) .........................................

New Westminster Wilkinson, Andrew, QC (BC Liberal Party)......................Vancouver-Quilchena Y ao, Henry (BC NDP) ..................................................... Richmond South Centre LIST OF MEMBERS BY RIDING Abbotsford-Mission................................................................................. Pam Alexis Abbotsford South...............................................................................Bruce Banman Abbotsford West......................................................................

Michael de Jong, QC Boundary-Similkameen........................................................................ Roly Russell Burnaby–Deer Lake....................................................................... Hon. Anne Kang Burnaby-Edmonds......................................................................Hon. Raj Chouhan Burnaby-Lougheed .................................................................... Hon. Katrina Chen Burnaby North .................................................................................

Janet Routledge Cariboo-Chilcotin ..........................................................................Lorne Doerkson Cariboo North.................................................................................... Coralee Oakes Chilliwack ...............................................................................................Dan Coulter Chilliwack-Kent .................................................................................... Kelli Paddon Columbia River–Revelstoke .........................................................

Doug Clovechok Coquitlam–Burke Mountain...............................................................Fin Donnelly Coquitlam-Maillardville ...................................................... Hon. Selina Robinson Courtenay-Comox................................................................... Ronna-Rae Leonard Cowichan Valley ............................................................................. Sonia Furstenau Delta North................................................................................... Hon.

Ravi Kahlon Delta South ..................................................................................................Ian Paton Esquimalt-Metchosin .................................................................... Hon. Mitzi Dean Fraser-Nicola .........................................................................................

Jackie Tegart Kamloops–North Thompson .............................................................Peter Milobar Kamloops–South Thompson..................................................................Todd Stone Kelowna–Lake Country .....................................................................Norm Letnick Kelowna-Mission ...........................................................................

Renee Merrifield Kelowna West ..........................................................................................Ben Stewart Kootenay East.......................................................................................Tom Shypitka Kootenay West........................................................................ Hon. Katrine Conroy Langford–Juan de Fuca .............................................................. Hon.

John Horgan Langley .............................................................................................Andrew Mercier Langley East....................................................................................Megan Dykeman Maple Ridge–Mission.............................................................................. Bob D’Eith Maple Ridge–Pitt Meadows............................................................Hon. Lisa Beare Mid Island–Pacific Rim............................................................ Hon.

Josie Osborne Nanaimo.............................................................................Hon. Sheila Malcolmson Nanaimo–North Cowichan............................................................... Doug Routley Nechako Lakes........................................................................................ John Rustad Nelson-Creston ............................................................................. Brittny Anderson New Westminster.............................................................. Hon.

Jennifer Whiteside North Coast ........................................................................................... Jennifer Rice North Island................................................................................... Michele Babchuk North Vancouver–Lonsdale......................................................... Hon. Bowinn Ma North Vancouver–Seymour...................................................................Susie Chant Oak Bay–Gordon Head..................................................Hon.

Murray Rankin, QC Parksville-Qualicum........................................................................... Adam Walker Peace River North ................................................................................... Dan Davies Peace River South ................................................................................ Mike Bernier Penticton ................................................................................................. Dan Ashton Port Coquitlam...................................................................... Hon.

Mike Farnworth Port Moody–Coquitlam.......................................................................Rick Glumac Powell River–Sunshine Coast..............................................Hon. Nicholas Simons Prince George–Mackenzie....................................................................Mike Morris Prince George–Valemount ..................................................................

Shirley Bond Richmond North Centre..........................................................................Teresa Wat Richmond-Queensborough..................................................................Aman Singh Richmond South Centre .......................................................................... Henry Y ao Richmond-Steveston ............................................................................

Kelly Greene Saanich North and the Islands .............................................................Adam Olsen Saanich South .............................................................................Hon. Lana Popham Shuswap...................................................................................................... Greg Kyllo Skeena........................................................................................................... Ellis Ross Stikine........................................................................................ Hon.

Nathan Cullen Surrey-Cloverdale .............................................................................. Mike Starchuk Surrey-Fleetwood.....................................................................................Jagrup Brar Surrey–Green Timbers........................................................................Rachna Singh Surrey-Guildford......................................................................................Garry Begg Surrey-Newton ..............................................................................Hon.

Harry Bains Surrey-Panorama ...................................................................................... Jinny Sims Surrey South ................................................................................ Stephanie Cadieux Surrey-Whalley ................................................................. Hon. Bruce Ralston, QC Surrey–White Rock .......................................................................... Trevor Halford Vancouver-Fairview.............................................................. Hon.

George Heyman Vancouver–False Creek...................................................................... Brenda Bailey Vancouver-Fraserview...............................................................Hon. George Chow Vancouver-Hastings ..............................................................................Niki Sharma Vancouver-Kensington....................................................................... Mable Elmore Vancouver-Kingsway..................................................................... Hon.

Adrian Dix Vancouver-Langara................................................................................ Michael Lee Vancouver–Mount Pleasant..................................................... Hon. Melanie Mark Vancouver–Point Grey ............................................................Hon. David Eby, QC Vancouver-Quilchena........................................................Andrew Wilkinson, QC Vancouver–West End .....................................................Spencer Chandra Herbert Vernon-Monashee .....................................................................

Harwinder Sandhu Victoria–Beacon Hill............................................................................... Grace Lore Victoria–Swan Lake.................................................................... Hon. Rob Fleming West Vancouver–Capilano...........................................................Karin Kirkpatrick West Vancouver–Sea to Sky................................................................Jordan Sturdy Party Standings: BC NDP 57; BC Liberal Party 28; BC Green Party 2

CONTENTS Monday, November 22, 2021 Afternoon Sitting Page Routine Business Introductions by Members..................................................................................................................................................... 4219 Tributes ..................................................................................................................................................................................... 4219 Donna Sitter Hon. M.

Farnworth Introductions by Members..................................................................................................................................................... 4220 Statements (Standing Order 25B) ......................................................................................................................................... 4220 Hoy Creek Housing Co-operative F . Donnelly Pathways Serious Mental Illness Society K. Kirkpatrick Elizabeth “Bunny” Shannon R. Leonard Overdose and addiction awareness and response T. Halford Community heroes and power of kindness D.

Routley Ken Zeitner and affordable housing achievement award N. Letnick Oral Questions......................................................................................................................................................................... 4222 Child care plan S. Bond Hon. K. Chen K. Kirkpatrick Status of Coastal GasLink pipeline project on Wet’suwet’ en lands A. Olsen Hon. M. Rankin Infrastructure repair projects and community benefits agreement T. Stone Hon. R. Fleming Support for flooding evacuees J. Tegart Hon. M.

Farnworth Government response to severe weather and flooding in Abbotsford area M. de Jong Hon. M. Farnworth Tabling Documents................................................................................................................................................................. 4227 Report on multiculturalism, 2020-21 Petitions .................................................................................................................................................................................... 4227 A.

Olsen Tabling Documents................................................................................................................................................................. 4227 Budget 2021, second quarterly report

Orders of the Day Second Reading of Bills .......................................................................................................................................................... 4228 Bill 18 — Human Rights Code Amendment Act, 2021 Hon. D. Eby M. de Jong A. Olsen P . Milobar B. Stewart J. Tegart F . Donnelly Hon. D. Eby Bill 29 —

Interpretation Amendment Act, 2021 Hon. D. Eby M. de Jong A. Olsen Hon. D. Eby Bill 30 — Attorney General Statutes Amendment Act, 2021 Hon. D. Eby M. de Jong S. Furstenau M. Morris M. Bernier K. Greene D. Davies Hon. R. Kahlon Hon. D. Eby Committee of the Whole House............................................................................................................................................ 4246 Bill 20 — Access to Services (COVID-19) Act (continued) M. de Jong Hon. D.

Eby Report and Third Reading of Bills......................................................................................................................................... 4247 Bill 20 — Access to Services (COVID-19) Act Second Reading of Bills .......................................................................................................................................................... 4247 Bill 28 — Forest Amendment Act, 2021 (continued) C. Oakes R. Russell T. Shypitka Hon. N. Cullen L.

Doerkson Proceedings in the Douglas Fir Room Committee of the Whole House............................................................................................................................................ 4259 Bill 22 — Freedom of Information and Protection of Privacy Amendment Act, 2021 (continued) B. Banman Hon. L. Beare T. Stone Bill 23 — Forests Statutes Amendment Act, 2021 (continued) J. Rustad A. Olsen Hon. K. Conroy S. Furstenau

MONDAY , NOVEMBER 22, 2021 The House met at 1:34 p.m. [Mr. Speaker in the chair.] Routine Business Introductions by Members Hon. M. Rankin: I’m really happy to be introducing two constituents of mine today, Roger and Barbara Skillings. [1:35 p.m.] Roger is the son of well-known Waldo Skillings, who was a four-term MLA and a member of the Bennett Social Credit caucus. Waldo served as Minister of Industrial Development, Trade and Commerce in 1968 but perhaps is best known for getting into a scuffle with the NDP Whip in the legislative corridor after they disagreed about the speaking order following a throne speech.

Roger is a community leader in his own right. He was recently inducted into the B.C. Sports Hall of Fame and is recognized for his work as CEO of the B.C. Games for 11 years, from 1988 to 1999. Barbara has also contributed much to our community over the years as a teacher at both Willows and Sir James Douglas elementary schools. And I have it on good authority that Barbara is also a formidable tennis oppon- ent and talented bridge player. Please help me welcome Barbara and Roger. T. Halford:I think the guest that I’m about to introduce today….

The last time he was in the stands watching me was probably in a cold ice rink in either White Rock or Cloverdale. I’ d ask the House to please make welcome my father, Robin Halford, and Amelia, Diana and Nezhna to the House. Don’t worry, Hansard. I will get the proper spelling to you guys right after question period. I ask the House to please make them welcome. P . Milobar:It gives me pleasure today to offer belated birthday greetings to someone very well known in this chamber, someone who I think has always been known as fierce and wears her heart on her sleeve.

Will the House please wish the Leader of the Official Opposition a happy belated 29th birthday. T. Shypitka: I’m super stoked to introduce Jonah Gow- ans, who’s in the gallery with us here today. Jonah is a nat- ive of Powell River, which should tweak the interest of the Minister of Social Development and Poverty Reduction. He’s no stranger to the Legislature. He served for a couple of years here as a legislative assistant for several MLAs on this side of the floor. He has currently raised his status in life, and he’s now helping me and the constituents of Kootenay East find a better way through government.

His transformation is not quite yet complete, however. He’s still rooting for the BCHL Powell River Kings. I will com- plete that transition once he goes to the Cranbrook Bucks. Would the House please welcome Jonah Gowans. Hon. G. Chow: I would like to take this opportunity to welcome members of the Canton Chamber of Com- merce Canada, who are visiting the Legislature. One ques- tion came up when I greeted the members. They wanted to know: what is a minister of state?

I said: “ A minister of state is a government official who may have a lot to say but no money to spend. ” So with that in mind, we had a very good discussion on supply chain and shipping. Would all members of the House help me welcome these members, led by President Lam, as well as Chair Byron Chan. Tributes DONNA SITTER Hon. M. Farnworth: I rise today to honour a pillar of my ministry’s communications shop — a trusted adviser, a mentor and a friend to countless current and former staff — who is retiring this month.

Donna Sitter’s name and booming voice were familiar to those working here before any of us first took a seat in this chamber. That’s because Donna was part of the press gallery. In fact, she was amongst the pioneering woman working by desk, phone and typewriter to report on the proceedings of this chamber. In her early days, Donna was a contemporary of the legendary Marjorie Nichols, herself a groundbreaking woman in Canadian political journalism, who at one time had been the youngest member of the Ottawa press gallery.

There are photos hanging in our own press gallery of Donna alongside Keith Baldry, Gary Mason, Les Leyne, Vaughn Palmer and a young intern with purple hair by the name of Justine Hunter. Donna book-ended the Vander Zalm years that she spent here with stints as a radio host and later host and producer of For the Record, which was a local political affairs TV show.

Speaking of records, she has since become one of longest-serving communicators in our justice sec- tor, including the last 15 years as a manager handling police services, and earlier a communications officer, on a broad array of ministry files. [1:40 p.m.] I understand that Donna has earned the respect, trust and lifelong friendship of many of the communicators, past and present, within the B.C. RCMP and our various municipal and other policing agencies. Donna, congratulations on an incredibly distinguished career. Y ou will certainly be missed. 4219

Will the House please join me in wishing Donna Sitter a long and very happy retirement. Introductions by Members Hon. M. Dean: It’s my pleasure to introduce a bright grade 9 student today, who attends school in Esquimalt- Metchosin. Her name is Peyton Yip. Peyton is the winner of my inaugural contest, My Vision for B.C., that’s being held in high schools across Esquimalt-Metchosin. Students are encouraged to identify an issue and submit ideas on how to address it.

Peyton proposes the elimina- tion of defensive architecture, also known as anti-homeless architecture, and instead focus on compassionate solutions for people experiencing homelessness. Will all members of the House please join me in making her welcome today. S. Furstenau: I’m delighted to introduce Laura Ferreira, a new staff member for the B.C. Green caucus. Laura is patient, thoughtful, hard-working, and she’ll be fulfilling the role of legislative coordinator. If you’re a golfer, and you see her around the building, you may wish to ask for tips.

Laura was a varsity golfer at the University of Victoria and volunteers her time to encourage more women to participate in the sport. She is passionate about environmental advocacy and keen to participate in the legislative process. Laura is a great fit for our team. We’re so happy to have her. Can the House please make her feel most welcome. A. Olsen: Today, I am pleased to introduce Leslie Miller-Brooks and Nigel Brooks. They are here in the legislative precinct today to hear a petition that they have brought to me, and I will be tabling it after question period.

Could the House please welcome Leslie Miller-Brooks and Nigel Brooks. B. Banman: Y ou know, this may be a historic first. I don’t know whether a member of this House has ever wel- comed a Whip back or not, but I would like to welcome the member for Columbia River–Revelstoke back into this House, well on the mend. It is a pleasure to see him back. Will this House please give a round of applause to wel- come back the member. Statements (Standing Order 25B) HOY CREEK HOUSING CO-OPERATIVE F. Donnelly: I recently participated in a groundbreak- ing ceremony for the aging Hoy Creek Housing Co-op in Coquitlam.

I stood with longtime Hoy Creek Co-op res- idents, Vince Montgomery and Bertha Hernandez, Hoy Creek President Nathalie Barret and Vice-President Ant- oinette Swaby, who were very happy to see this project finally moving ahead. The six-storey, 132-unit apartment building will offer a mix of studio, one-, two- and three-bedroom rental homes that will replace the co-op’s 60 townhomes that were recently demolished. The building will provide affordable homes for low- to middle-income individuals and families, enabling them to continue living in Coquitlam.

The Community Land Trust Foundation of B.C. will operate the new homes in partnership with Hoy Creek Housing Co-op. The CLT is receiving $14 million from the province of British Columbia, and B.C. Housing will provide funding to support annual maintenance and repairs. The city of Coquitlam is also an important partner in making this affordable housing project a reality. I’ d like to acknowledge the valuable role the Community Land Trust plays in helping low- and moderate-income households enjoy stable, quality, fair, at-value price.

The CLT is a non-profit, social-purpose real estate developer and asset steward, created by the Co-operative Housing Federation of B.C. [1:45 p.m.] They partner with organizations committed to pre- serving expanding community-based housing to support a wide range of affordable housing projects throughout Brit- ish Columbia. The partnership formed by the Hoy Creek Housing Co-op, the Community Land Trust, the city of Coquit- lam and the province of British Columbia has made a long-overdue project a welcome reality for current and future citizens of Coquitlam. PATHW AYS SERIOUS MENTAL ILLNESS SOCIETY K.

Kirkpatrick: Emma Chapman is the executive dir- ector of Pathways Serious Mental Illness Society, and I’ve had the privilege of meeting with her and her board mem- bers a couple times over the last few months to learn more about the work that they do. There are too many people in B.C. suffering from seri- ous mental health issues, and the families and loved ones of those people who suffer from mental health issues also suffer. They need supports, and they need peer groups to help them to know how best to work with and support their family members. Pathways was established in 1983 as the B.C.

Schizo- phrenia Society. They provide programs and services to families across British Columbia with loved ones living with serious mental health issues. Pathways’ vision is “to be a vibrant, innovative centre of support, education, awareness and advocacy for families and others affected by serious mental illness. ” Their three pillars are education, support and advocacy, and these pil- lars work together to facilitate learning, understanding 4220 British Columbia Debates Monday, November 22, 2021

and empathy while addressing the important topics and discussions surrounding serious mental health. Programs include a free-to-family eight-week education course offered to family and friends of a loved one living with mental illness. There are school presentations, or First Hand Stories, which is one of the society’s most important programs, educating students about mental illness in the hopes of decreasing stigma and developing compassion for others.

I would like to say thank you to Pathways for the great work that you do in my constituency, across the North Shore and across the province of British Columbia in help- ing to alleviate the suffering caused by serious mental ill- ness. ELIZABETH “BUNNY” SHANNON R. Leonard: On November 1, a family, and indeed the whole community of Courtenay-Comox and, in fact, the whole Comox Valley lost a force of nature known to all as Bunny Shannon. Elizabeth Shannon was raised in Hawaii but found a new home on another island, as she and her husband, Clark Munro, for so many decades, grew their family in the Comox Valley.

Far from a hang-loose kind of person, she dug in with energy and determination, woven together with her big smile, exuding love and care, to help her com- munity grow stronger, more inclusive and sustainable. I first met her in the 1990s as a school district 71 school trustee. She went on to become chair before retiring after 19 years. Her leadership inspired many to step up, as she always did.

Her niece Claire Hume wrote: “Bunny was endlessly dedicated to protecting and expanding access to vibrant public education, healthy local food and a thriving natural environment. ” The face of the Comox Valley Social Planning Society was Bunny, nurturing community to think beyond our individual needs and desires, to appreciate the challenges that many of our neighbours face, to inspire us to action. That is what drove Bunny.

Fearlessly and without reserva- tion, she sought out those who could make a difference to begin those conversations on how to create housing for all, how to make life more affordable, how to serve our most vulnerable. She was a natural champion of food security and became president of LUSH Valley, an apt acronym for Let Us Share the Harvest. Bunny treated so many like family and loved her family deeply: Clark, her daughters, Jesse and Rachel, and her granddaughter, Bailey, who brought so much sunshine and joy in her life. Bunny loved and was loved. She will be missed.

We sure could use a lot more Bunny Shannons in this world. OVERDOSE AND ADDICTION AW ARENESS AND RESPONSE T. Halford: I rise to recognize National Addictions Awareness Week. We pause to remember the over 1,500 lives lost due to an overdose this year and the thousands more who have died from an overdose in this province. [1:50 p.m.] We also pledge to continue to fight against the stigma of addiction, and we do that together. Each overdose vic- tim is a brother, a father, an aunt, a daughter, a person who needs a comprehensive mental health and addictions system to help save their lives.

Overcoming the overdose crisis will take much more than a one-size-fits-all ap- proach. It will take all of us, working together. This year’s theme is “Driving change together, ” and I couldn’t agree more that we must all come together and push for change and greater resources to support those living with addictions. Every family, every community, is touched by addiction.

On my daily walk to the Legislature, I noticed a growing memorial, fresh-cut flowers, a teddy bear and a simple note that said: “I miss you. ” I would come to find out that it was for a young person that had succumbed to an overdose on the streets. Every member of this House can agree that immediate action is needed to expand access to recovery so people can get the help they need when they need it.

I think we can all agree that in the days and months ahead, as we see these numbers come in and we reflect on the lives lost, more can be done in order to fight for British Columbians that are suffering from addiction. COMMUNITY HEROES AND POWER OF KINDNESS D. Routley: The title of my statement is “Courage Comes from Love, ” and I put that forward after I’ d read an

article about a

summary of people who had won the Victoria Cross or medals of honour and how they were not ruthless, they were not fearless, but quite the opposite. They were community- and family-loving people, gener- ally, and we are surrounded now by many heroes. And I lost one in the last week. Maureen Y oung, regional district of Nanaimo council- lor, from the area of Extension, is from a family of coal miners, people who had that courage because of the people they loved who went down in the ground and many times didn’t come back. She worked hard for her community, despite her introverted nature.

She overcame that because of her love for community. I’m reminded of the Leader of the Official Opposition, who, a little over a year ago, lost her husband, Bill, of over 40 years, and the courage she’s shown to carry on and rep- resent the people that she lives with. I’m reminded of the member for Saanich North and the Islands and his contri- Monday, November 22, 2021 British Columbia Debates 4221

bution in sharing his story to help people who are strug- gling in our province. We’re in this together. We’re afraid, but we’re surroun- ded by reluctant heroes who just care enough. Social media algorithms do not favour hope or kindness, and during these times we are reminded of the basics. As the Premier says, we must look for the better angels to show themselves. And as another gentle, small hero of B.C. says, be kind. KEN ZEITNER AND AFFORDABLE HOUSING ACHIEVEMENT AW ARD N. Letnick: Congratulations to Ken Zeitner for being awarded the Denice LeBlond Lifetime Achievement Award by the B.C.

Non-Profit Housing Association. Established in 1999, the Denice LeBlond Lifetime Achievement Award recognizes an individual whose ded- ication and vision have furthered the cause of affordable housing in British Columbia. Ken was one of those two founding staff members of the Society of Hope in 1989. He has worked tirelessly for 32 years to establish the vision and growth of the society. The Society of Hope is the largest non-profit housing society in the Interior.

It is dedicated to providing quality affordable housing, and from its inception, it has grown to manage 700 housing units in the Central Okanagan, with 200 more housing units approved and on the drawing board. Ken has been the go-to individual for B.C. housing and many non-profit housing societies in the Interior, includ- ing NOW Canada, Evangel, CMHA and Peachland seni- ors. He chaired the Kelowna Christian schools school board, chaired his local church board, has been a suc- cessful ECAP leader.

And Ken has earned the non-profit industry’s respect for his integrity and selfless dedication to the provision of affordable housing. Ken is unique, as he is the chief financial officer of the society as well. He has employed his expertise in finance, administration and good governance. These three skills are greatly needed and essential in today’s non-profit sec- tor. Ken is a shining example of how this expertise can be employed to advance the non-profit sector, and this award cannot be made to a more qualified recipient. Congratulations to Ken. [1:55 p.m.] Oral Questions CHILD CARE PLAN S.

Bond: Last week the Minister of State for Child Care completely failed to acknowledge, much less justify, her cabinet’s disastrous decision to impact private child care providers in British Columbia. Sandra Christian of Creative Kids Learning Centers runs infant and toddler programs, full-day child care camps and extended preschool programs at eight locations in Surrey, Langley and Chilliwack. She says: “The provin- cial government has taken a drastic leap of logic, arriving at the conclusion that the only way is an enlarged govern- ment bureaucracy and a diminished role for private oper- ators like me.

Small businesses that survived the pandem- ic now find themselves threatened by government policies that are slowly squeezing out the private child care sector. ” Can the minister stand up, try again today and explain to Sandra why she is threatening the viability of the small businesses that 1,000 parents rely on? Hon. K. Chen: I thank the member opposite for the question. I always want to emphasize the importance of all child care providers in this province, whether they are non-profit, for-profit, Indigenous, local government or school district–run child care.

All child care providers contribute to the child care sector and support the import- ant services that families count on. Since the 2018 budget, our government has been put- ting child care as the top priority for the first time in B.C. ’s history. We’ve invested significant funding to the very diverse sector, supporting all providers. What the member opposite is saying is simply not true. Let me be clear. For-profit providers will continue to receive operating grants, fee reductions, wage enhance- ments and also funding to support and maintain their ser- vices. No child care is under threat.

What we’re doing, really, is to learn…. What we’ve learned from the past four years is that families want child care that can become long- term community assets. We have so much strong interest from local govern- ments, from school districts, from Indigenous communit- ies that want to partner with us, and that is what we’re doing, while the other opposition voted against our child care plan in our budget, every single step of the way. Mr. Speaker: Leader of the Official Opposition, supple- mental. S.

Bond: It is absolutely impossible to reconcile what this minister just said to the briefing note and the decision note that she signed off on. What she said is simply not accurate, and she knows it. The very candid decision note that this minister signed off on lays out a much less positive picture. In fact, it states clearly — and these are her ministry officials — that pub- lic sector child care space growth slowed over the last three years, contrary…. The minister can shake her head all she wants.

She may want to open up her briefing binder and check out the decision note and look at the paragraph that shows the graphs and the details. She might want to do that. Half the child care spaces in British Columbia are run by private providers, largely women entrepreneurs with small independent businesses. Sandra, in fact, was recog- 4222 British Columbia Debates Monday, November 22, 2021

nized with the 2021 Surrey Women in Business Award. But instead of celebrating women entrepreneurs like Sandra, apparently this minister wants to impact the very signific- ant child care facilities that Sandra operates. Here’s what Sandra says: “I’m a woman in the workforce, a woman entrepreneur and a mother of two. Creative Kids and early childhood education are my life’s work. This is all I know.

Having borne the weight of child care for the past 25 years, we are scared that our businesses will be taken over, shut down, dissolved and, even worse, forgotten. ” [2:00 p.m.] Can the minister stand up and explain to Sandra how she signed off on a decision note that has potentially devastating impacts on small business owners like Sandra and thousands of families across this province who rely on child care spaces provided by private child care operators? Hon. K. Chen: Again, I want to recognize all the work of early childhood educators, and also all providers.

Whether they’re non-profit, for-profit, Indigenous, local government, family provider or in-home multi-age, we want to partner with them, and we have been partnering with them. We will continue to support them through operating funds, funding to maintain their spaces, fee reduction programs, early childhood educator wage enhancement and dozens of new initiatives that our gov- ernment has funded since 2018.

I would like to say, for example, that our fee reduction program, which currently has over 93 percent of providers joining our program, including for-profit providers, is a huge success of how our child care investment has benefited the sector. The fact that the opposition member is waving this decision note…. That was actually shared in the Canada-wide agreement in the summer, when the Pre- mier and Prime Minister Justin Trudeau were both saying publicly that we are going to prioritize funding into pub- lic non-profit spaces. This is not a secret. This decision was shared widely. Interjections. Mr.

Speaker: Members, come to order. Hon. K. Chen: If the member opposite was not watch- ing the news at the time, we are negotiating the first national child care plan, starting right here in B.C. This decision has been publicly shared. It was shared in our guidelines. Interjections. Mr. Speaker: Members. Hon. K. Chen: It’s on the website. Everything the mem- ber needs to do is to check on our website and see the decision. We’re proud of the investment that we’ve made, and we will continue to work with the diverse sector. K. Kirkpatrick: Thank you to the minister for her enthusiastic response. Interjections. K.

Kirkpatrick: Misguided enthusiasm. The minister can pretend otherwise, but the FOI documents are crystal clear that this NDP government doesn’t support private child care and is making them unviable. Tammy Reaburn, of Wiggles and Giggles Group Day- care in Fort St. John, read this decision note that has the minister’s signature on it. This is what Tammy says. This is not my words. This is Tammy. “This is extremely disap- pointing.

We, like many others, have invested our liveli- hood into supporting families with child care, and it’s clear the NDP don’t care about that. ” Will the minister tell Tammy why she is threatening to shut down the 89 child care spaces that families in Fort St. John rely on? Hon. K. Chen: Again, our government has been part- nering with the very diverse sector. We have increased funding significantly and are not cutting any funding. This is a historical time in our province, that we are working with the federal government on a national child care plan.

We are working with local governments, school districts, Indigenous communities to look at how we can utilize current public existing spaces to create good-quality child care that will become long-term community assets. We are continuing to partner with family providers through our start-up funding that will continue to create many, many spaces with small business people.

We are continuing this work, while the other side of the House continues to create confusion and fear that’s unnecessary for this sector, which has been struggling for years under their watch, when they were in government for 16 years, with a lack of support. Just to give the member an example. While they are cri- ticizing and talking about child care, which is a nice sur- prise, after their years of neglect…. Even in the opposi- tion critic’s riding alone, we’ve invested close to $20 mil- lion into their community. Mr. Speaker: Member for West Vancouver–Capilano, supplemental. K.

Kirkpatrick: Well, the more accurate picture is that this NDP government promised to deliver 22,000 child care spaces by year 3, but…. Interjections. [2:05 p.m.] Monday, November 22, 2021 British Columbia Debates 4223

K. Kirkpatrick: Promised to. But according to their own briefing note, only 3,401 are operational after three years, and 83.7 percent of those have been opened by private providers. I have repeatedly asked this minister about the NDP policies that make private spaces unviable.

This spring a Surrey child care provider said: “ As a result of this sudden change, we feel helpless and face economic ruin as we watch our life’s savings disappear because our dream to develop a child care centre, with over 100 new spaces, has now turned into a nightmare. ” This was in response to the fee reduction initiatives that the minister said have been so successful. The FOI documents make it clear that this nightmare for this private child care provider is a deliberate NDP policy. Why is this minister signing a decision note to demolish the 60,000 spaces that families in B.C. rely on? Hon. K.

Chen: It is just really interesting to hear the opposition throwing numbers that are untrue and creating unnecessary fear in the child care sector. Interjections. Mr. Speaker: Members will come to order now. Hon. K. Chen: Let me correct the member’s numbers. This is the fastest space creation B.C. has ever had. Since 2018, we have funded and supported the creation of over 26,000 spaces. Among those spaces, over 6,000 of them have become in operation, and most of them will be in operation in the coming year. Interjections. Mr. Speaker: Members. Hon. K.

Chen: This is, again, more than double what they created in 16 years. This is the fastest ever. The member opposite loves to talk about gender equity. Let me tell the member opposite what is supporting child care and gender equity. When we are funding spaces, when we’re investing in child care and investing in families… Interjections. Mr. Speaker: Members, be quiet please. Hon. K. Chen: …that’s supporting gender equity, sup- porting women across the sector, when the other side of the House cut child care services, cut parent fees and eliminated a lot of early childhood educators’ work for many years.

Interjections. Mr. Speaker: Members, let’s listen to the questions, then also to the answers, please. We only have 30 minutes. STATUS OF COASTAL GASLINK PIPELINE PROJECT ON WET’SUWET’EN LANDS A. Olsen: This B.C. NDP government knew of the fierce opposition to the Coastal GasLink pipeline. The blockades caused by this pipeline have shut down highways, ferries, railroads and this Legislature. It was no surprise. The Pre- mier’s chief of staff acknowledged it and told me person- ally that this situation would be resolved. Wet’suwet’ en and Gitxsan people are being violently arrested by fully armed RCMP .

Two journalists arrested last week sat in jail all weekend. So much for the freedom of the press. Two members of this House, from Stikine and Oak Bay–Gordon Head, were previously on the provincial payroll, paid to sort this out. They failed. When they got elected here, what was the reward for that failure? They became ministers. Our Minister of Public Safety has consistently hidden behind the court injunctions and police enforcement. The court’s message was clear this summer. Get them out from the middle of these political conflicts.

My question is to the Minister of Public Safety and Soli- citor General and Deputy Premier. His government knew the conflict was brewing in the Wet’suwet’ en when they approved LNG Canada. Their chief of staff stated it would be taken care of. When will his government take responsibility for the policy decisions that have led us to this armed conflict on the Coastal GasLink project? Hon. M. Rankin: I’ d like to thank the member for Saanich North and the Islands. It’s true. This has been a very difficult conflict.

It’s true, as well, that there has been tension and division within the Wet’suwet’ en Nation. [2:10 p.m.] Our government is committed to sorting this out, in the words of the member, through negotiations with the Federal government and the Wet’suwet’ en Nation. We’ve been struggling to do so in the face of disunity. There has been — it’s no secret — conflict between the elected and the hereditary system, but we continue to do this histor- ic work. For the first time in history, we are trying to figure out, on the land, what Aboriginal title means in negotiation.

In other cases, the courts have told us what it means — in the Tsilhqot’in case, in the Delgamuukw case. We know that there is such a thing. But no court has ever told us in that yintah, the territory of the Wet’suwet’ en, just what it means. So we are doing the hard work that that requires. I have met with Chief Woos, the hereditary Gitdumden clan leader, on many occasions and spoken with him. We have retained Mr. Miles Richardson, a highly respected Indigenous leader and former president of the Council of 4224 British Columbia Debates Monday, November 22, 2021

the Haida Nation, to serve as an interlocutor to get the conversations going so that we can get on with this work. It will be done when unity can be achieved. It will be done when the federal-provincial government and the Wet’suwet’ en Nation come together to do this historic work and complete the work that has been started only in the last two or three years. Mr. Speaker: Member for Saanich North and the Islands, supplemental. A. Olsen: If this is sorting this out, then we are a long way away from the reconciliation that this government has promised Indigenous nations. Disunity?

Conflict between hereditary and elected Chiefs? They have been sowing the seeds of this disunity. We’ve been witnessing it all summer here on southern Vancouver Island. Figuring out title? The Premier stands up and talks about Indigenous title like it was figured out. It is completely unacceptable, the response from that minister. He has spent long enough as a lawyer in this province, in this country, to know far better than to stand up and say that.

This government promised a new rela- tionship with Indigenous people, but instead they’re acting in bad faith, intentionally deceiving British Columbians by exploiting divisions in our communities, created by the Indian Act.… Mr. Speaker: Member, withdraw that, please. Nobody is intentionally deceiving anybody. A. Olsen: All right. I withdraw. Mr. Speaker: Continue. Interjections. Mr. Speaker: Members, please keep your comments to yourself. Let the Chair do his work. The member will continue. A.

Olsen: This government has been exploiting divi- sions in our communities — created by the Indian Act — and they know it. This government soaks in the accol- ades of passing the declaration act but then is unwilling to change the racist government structures that have cre- ated the conflict that we face today. Instead of the much- assured reconciliation, what we have from this B.C. NDP government are more of the same divide-and-conquer tac- tics gift-wrapped in meaningless political rhetoric and empty promises. Some of the members might be feeling offended by these sharp and direct comments.

However, what they are feeling is nothing like what my relatives felt in residential and day schools; languishing in the child welfare system; and watching their unceded territory devastated by this Crown government. My question is to the Minister of Indigenous Relations and Reconciliation. These relationships are his responsib- ility, and he suggested last week that it was months since he talked to the people up there. In the last month, what specific actions has this minister taken to address the long-standing conflict over the Coastal Gaslink pipeline in the Wet’suwet’ en territory? Hon. M.

Rankin: I find the harsh rhetoric absolutely unhelpful in this important historic work. To talk about bad faith, to suggest that we have done nothing…. I have spoken with Chief Woos on several occasions. I have talked to my federal counterpart. I have engaged Miles Richardson. I have been in the territory to meet the elected and the hereditary leaders in early September.

I continue to work with a non-Indigenous group of people in the community who are likewise committed to getting on with this historic work. [2:15 p.m.] We have provided $7.22 million to get the unity work done, which the Wet’suwet’ en Nation itself acknowledges is critically required. We have provided $1.23 million to create a seat of government for the hereditary nation, the Wet’suwet’ en Nation, at Lake Kathlyn School near Smith- ers. To suggest that that we have been idle, it seems to me, greatly deceives this House.

I reject that this govern- ment is responsible for sowing the seeds of disunity when everything we have done is to try to achieve that unity. Mr. Speaker: Minister, please withdraw that. Withdraw that word that you used. “Deceiving” was the word you used. Withdraw that. Hon. M. Rankin: I apologize for that. But I also reject that there’s any bad faith on the part of our government. But I withdraw that word. Interjections. Mr. Speaker: Okay, Members. He withdrew. INFRASTRUCTURE REPAIR PROJECTS AND COMMUNITY BENEFITS AGREEMENT T.

Stone: In light of last week’s floods, there is a signi- ficant amount of major repair work that needs to be done, a lot of which is underway on our roads and highways around the province of British Columbia. This work needs to be done quickly, and it needs to be done as cost-effect- ively as possible for British Columbia’s taxpayers. My question to the Minister of Transportation is this. Can he confirm whether or not the NDP will impose their discriminatory union-only labour scheme on these major highway repair projects? Monday, November 22, 2021 British Columbia Debates 4225

Hon. R. Fleming: Thank you to the member for the question, because he’s quite right. For every member of this House, the priority of this House in its entirety should be the rebuilding of communities that sustained damage in the worst flood we’ve ever had in over a century. The calls that we are getting, the coordination we are doing as a government, from contractors — union, non-union, what have you — to get to work rebuilding British Columbia…. The enthusiasm and the support they have is nothing short of inspirational and overwhelming.

What our job is to do, as government, is to procure things as quickly as possible, get roads in working condi- tion. That’s what we’ve done for the past week. That’s what people have done around the clock in horrible weather, under very difficult circumstances and conditions, sacrifi- cing themselves so that other British Columbians who are stranded can get home. That’s what happened last week. We will work quickly on a procurement model that works to restore British Columbia’s supply lines. That’s what we’re doing. We have a bilateral table with the fed- eral government on exactly that.

I’ve given an update to the province just this morning about supply lines that may come back into function and good order, including rail connection to the rest of Canada. That is our num- ber one priority: fixing roads that have sustained heavy, heavy damage in the worst flood episode we have ever had in 100 years. Mr. Speaker: Member for Kamloops–South Thompson, supplemental. T. Stone: Certainly, the official opposition concurs. We all want to get these highway projects repaired and open as quickly as possible — safely, of course, and as cost-effect- ively as possible for taxpayers.

That is why I’ve asked a very simple and straightforward question. I’m looking for a yes- or-no answer. To the Minister of Transportation, will he commit here today that community benefit agreements, or discriminat- ory union-only labour requirements, will not be attached to a single one of the projects to rebuild highways, roads and other damaged infrastructure in British Columbia? Hon. R.

Fleming: If I were being charitable, I’ d be say- ing: “Y ou know, the time for that question isn’t now. ” At a time when — union, non-union, what have you — every contractor in the province of British Columbia wants to help rebuild this province, this member goes to… Interjections. Mr. Speaker: Order. Order. Hon. R. Fleming: …that divisive place? Really, Mr. Speaker? Really? There will be billions of dollars to repair infrastructure in British Columbia. Interjections. Mr. Speaker: Members. Hon. R. Fleming: There will be a partnership with the government of Canada to do that. We will work with local governments.

We will work with contractors. We will work with workers organizations and the B.C. Road Builders Association that represent every aspect of the industry. That’s what we’re working on right now. [2:20 p.m.] SUPPORT FOR FLOODING EV ACUEES J. Tegart: At a time when people are literally watching their lives float away, they need to know their govern- ment is on their side. They shouldn’t have to worry about accommodation. They shouldn’t have to worry about navigating a maze of rules so they can afford to feed their families. Many of the families impacted are not wealthy.

They are renting a hotel room at their own expense, and it is out of their means. Russel Willey was evacuated with his family, a week ago, out of Merritt. Each day, for three days, his wife went to the evacuation centre to get the reimbursement forms — unsuccessfully. When she went back to the centre, she was informed…. “We would not receive reimbursement for the previous four nights because we did not have our forms. As we are paying for our room and my wife’s parents’ room, this is quite a sum of money. ” First, no warning of the threat. Then no support to deal with the aftermath.

This falls completely at this gov- ernment’s feet. Can the minister commit today that people who have fallen between the cracks will get the support they need, not just for the first three days but for as long as it takes to bring them home? Hon. M. Farnworth: I appreciate the question from the member. I can fully understand the angst and the anxiety that people who have been evacuated would have in this situ- ation. I think all of us want to do everything we can to make sure that they are fully supported. I can tell the member that there was an issue at the Kam- loops centre.

It was not there at the Kelowna centre. I can tell you that I was contacted by the mayor in Merritt. I told her that I would look into it right away, which we did. I can tell her that those individuals that she was talking about, and others impacted, were, in fact, and have been 4226 British Columbia Debates Monday, November 22, 2021

contacted. Some may still be contacted. I want to tell you that they have been contacted. I have already publicly announced that those costs will be covered. Going forward, I also expect to have additional announcements on the supports that they will be receiving in the weeks and, in some cases, months ahead. GOVERNMENT RESPONSE TO SEVERE WEATHER AND FLOODING IN ABBOTSFORD AREA M. de Jong: Fires, heatwaves, now flooding. In each case, what we have heard from the government is an attempt to excuse their slow response and lack of warning on the basis that the events were unprecedented and couldn’t be predicted.

In the case of the Nooksack River, the same thing happened only 20 years ago — ironically, when certain members of the government were either members of the government at the time or senior advisers to the government. There have been a whole host of studies from the Aud- itor General, from the Ministry of Environment just last year, the Fraser Basin Council. Still the government seemed to be caught off guard by the torrent of water that flowed north from the Nooksack River and, as a result, failed to give the same warning to people on Sumas Prairie that folks on the other side of the border received.

We’re told there’s another atmospheric river on the way, at a time when the dikes are already weakened and com- promised. What changes have been made? What assurance do the people in that part of British Columbia have that there is a proper protocol in place, that there is proper liaison in place with officials in Wash- ington state so that the people and the farmers on Sumas Prairie can be assured that if the same thing happens again and the Nooksack turns north, they will receive the same warning that people in the U.S. received and they didn’t get last week? Hon. M.

Farnworth: I thank the member for that ques- tion. There were a number of points in there that I will try and address. The issue of the Nooksack River is a joint regional issue, to be sure. It is a complicated issue. [2:25 p.m.] The member mentions 20 years ago. Twenty years ago, they sat on this side of the House. I’m not making that comment as an aspersive remark but, rather, to illustrate that there is no simple solution in terms of the Nooksack River. If there was, I expect that that would have been in place by now.

It is a very complex situation involving all kinds of issues around drainage and where communities are located. What I can tell the member is that when the Premier met recently with Governor Inslee, there was a recognition that we need to find a way to deal with some of these par- ticular issues. I have mentioned this with Minister Blair at the federal level as well, because I expect that we’re going to have to have the involvement of the federal government, along with the U.S. federal government as well, in dealing with some of these cross-border challenges when it comes to climate.

Very quickly, in terms of the issue around the atmo- spheric river, a term which I think is new to most of us in this House, the federal government, when I spoke with Minister Blair, has indicated that work is underway in Environment Canada in terms of putting in place a ranking system, similar to what they have in the U.S., that will allow us, as a government, at the provincial level and the local level, to have a better understanding of the nature and the strength of these atmospheric rivers which will allow us to be much better prepared in what needs to be done. I will give just a quick example.

The one that was looked at prior to the House, over the weekend, was the one coming over the North Coast. They just said “atmo- spheric river” — I was briefed on it — and that we were looking at potentially 200 to 300 millimetres of rain, a significant amount. Over the weekend, that changed to where, today, it is 50 to 70. I think that illustrates some of the variability that occurs in the weather. But a rank- ing system will help significantly, and I appreciate the question from the member. [End of question period.] Tabling Documents Hon. D.

Eby: I rise to table the Report on Multicultural- ism, government of British Columbia, 2020-2021. Petitions A. Olsen: I rise to table a petition with 345 signatures from British Columbians, collected by Leslie Miller- Brooks, asking this government to bring forward a debate on a private member’s bill, first tabled by the member for Oak Bay–Gordon Head in 2016, called the Environmental Bill of Rights, to better protect the health of the environment. Tabling Documents Hon. S. Robinson: I have the pleasure to rise to table government’sSecond Quarterly Report, ’21-22, as required by

section 10 of the Budget Transparency and Account- ability Act. Orders of the Day Hon. M. Farnworth: In this chamber, I call second reading, Bill 18, Human Rights Code Act. Monday, November 22, 2021 British Columbia Debates 4227

In

Section A, Douglas Fir Room, I call continued Com- mittee of the Whole, Bill 22. [S. Chandra Herbert in the chair.] Deputy Speaker: Members, can we have a little quiet, please? Thank you. Hon. M. Farnworth: I just wanted to alert the House that after Bill 22, we will be having committee on Bill 23. [2:30 p.m.] Second Reading of Bills BILL 18 — HUMAN RIGHTS CODE AMENDMENT ACT, 2021 Hon. D. Eby: I move the bill be now read a second time. Bill 18 seeks to enhance and clarify existing protections for Indigenous people under the code.

Currently, the B.C. human rights code implicitly protects individuals based on the prohibitions against discrimination on the grounds of race, colour, ancestry, place of origin and religion. These amendments will add a protected ground of “Indigenous identity” to explicitly recognize this protection against dis- crimination for Indigenous people. In addition, Bill 18 will add a definition of “Indigenous, ” which was co-developed with Indigenous people and provides clarity that by Indigenous, we mean the First Nations, Métis and Inuit people of Canada.

Indigenous people in British Columbia are currently protected under the existing grounds in the code — namely, race, colour, ancestry, place of origin or religion. However, the proposed amendments make this protection explicit by adding the specific phrase “Indigenous iden- tity” to the prohibited grounds of discrimination listed in the code. If these amendments are approved, British Col- umbia will be the first jurisdiction in Canada to include Indigenous identity as a protected ground. This comes to us from a series of recommendations, among which is Ardith Walkem’s report for the B.C.

Human Rights Tribunal, which found that Indigenous people, although subject to considerable racism in our province, are underrepresented among complainants seek- ing remedies from the B.C. Human Rights Tribunal. It is our hope that these amendments will change that and that people will feel more ready to come forward with their concerns to the tribunal.

We believe this is one way to demonstrate our com- mitment to ending systemic racism and discrimination against Indigenous people and that we are committed to a society where all people, including and especially Indi- genous people, enjoy full and free participation in the eco- nomic, social, political and cultural life of the province. Therefore, we are proposing specific amendments to the code in order to reflect the common law in the code. This will achieve the goal of greater public awareness and help all British Columbians to know that discrimination against Indigenous people is against the law.

I look forward to further discussion on these important amendments. M. de Jong: I think the first thing I would say in response to the remarks from the Attorney General is that I am not anticipating this to be a particularly contentious debate. My sense is that there is likely to be widespread support for the amendments, one in particular very sub- stantive, in the legislation before us.

It is, though, perhaps, an opportunity to reflect briefly on the continued evolution that this represents, a further step, I would say, along the path in the long journey that is reconciliation, and a journey that I hope the Attorney and the government — and, I think, members of the House — would agree, for which there has been some considerable progress made, although, as we will reflect upon it affect- ing, I hope, passage of this amendment, recognition that there is much further to go in that journey. I think about the time that I have been in this assembly, for 28, 29 years.

I think about the key moments that I have witnessed. I would say that the negotiation of the first modern treaty in the 1990s, the Nisg̱ a’a treaty, represen- ted a seminal moment.

It’s interesting, and sometimes dif- ficult, for me to think back on, insofar as — and I’ve said this before — some of the concerns I had about the effect and the impact that first treaty would have happily turned out to be wholly incorrect. [2:35 p.m.] I think I can say in a way that, certainly, the Nisg̱ a’a and others in the area would endorse, that far from driving people apart, as I feared that agreement might do, it has been a very helpful instrument in bringing people together and creating opportunity.

The progress that that represented, the achievement that that represented, I think — I say with a measure of pride — continued through various administrations. We tend, I think, sometimes, to forget the days when the term “new relationship” was used by Indigenous peoples, First Nations, the provincial government, and the federal government to describe the tremendous progress that was being made along that pathway to reconciliation, and the evidence that we have of that.

At the time, in the early 2000s, the nearly 200 revenue-sharing agreements that were negotiated — perhaps, by today’s standards, lacking, but in their own way and at their own time, historic and precedent-setting, in terms of genuine examples of sharing the proceeds of the resources and the land base with Indi- genous peoples and First Nations. Similarly, resource-sharing agreements that were nego- tiated at the time.

Again, perhaps by today’s standards, it is easy to reflect on those and point out the components that may have been lacking, but at the time, they were justifi- 4228 British Columbia Debates Monday, November 22, 2021

ably celebrated as representing significant progress along the pathway to reconciliation. Then ultimately, in the aftermath of that first treaty in ’97, ’98, with theNisg̱ a’a, by the middle part of the 2000s, comprehensive treaty agreements with, fully, six or seven First Nations — Indigenous peoples in Canada, in British Columbia. Again, representative, I think, of the progress and of the changed attitudes and enthusiasm that marked that period of time, which I still think of as the halcyon days of the formation of the new relationship.

Those are significant instruments of agreement, some of them representing hundreds of pages of legal text, and important legal text, for there is obviously importance attached to the legal descriptives and the language that is used. But that was also the time other steps along the pathway to reconciliation occurred. I thought of this, this morning as I walked into the building and came through the rotunda that is just outside the door. Actually, one floor down.

For anyone that has been here for more than, I think, a decade, they will remember that in those days, in the rotunda hung some murals, which had been donated and painted onto the wall in, I believe, the 1930s, although I stand to be corrected. I believe it was the 1930s. Murals that most of us passed by for years and years and thought nothing about, except they were depictions of people and, in several instances, depictions of Indigenous peoples that caused great offence.

At that time, as the conversations evolved and, in many cases, became more candid and reached to a new level of, dare I say, intimacy and candor, it became clear that those images and that imagery were deemed offensive, and that an important step that the province could take was to address that. [2:40 p.m.] With the cooperation of members of this chamber on both sides of the House, those steps were taken. Step by step, brick by brick, in the case of these murals, steps have been taken to try and realize progress and move closer to that elusive goal of genuine reconciliation.

The introduction and unanimous passage of legislation dealing with the UN declaration a couple years ago repre- sents, I think, another important moment in the evolution of that relationship and pursuit of reconciliation. It’s some- thing that we’ll discuss here, I expect, momentarily, when we deal with another piece of legislation and steps that the government has chosen to take in the aftermath of the pas- sage of that legislation. As I think most people in this chamber would agree, we still have much further to go. I think the Attorney, in his remarks…. Well, maybe he didn’t.

But I think we should anticipate that when people, if they do look at the bill before us, Bill 18, they may ask this basic question, and that is: is it necessary? Is it necessary to specifically enun- ciate the grounds against which the discrimination might occur and needs to be prohibited? Indigenous identity…. The code, of course, prohibits discrimination in a wide range of activities — publication; accommodation, service and facility; purchase of property; tenancy; employment advertisements; wages; employment itself; and within uni- ons and other associations.

In those endeavours and activities and areas, it specific- ally prohibits discrimination on the basis of race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orienta- tion, gender identity or expression or age. Some people might pose the question, given the expansiveness of that list of descriptives: is it necessary to go further and specify Indigenous identity? Isn’t that covered, they might ask, by one of these other enunciated areas? Well, maybe, and maybe in a strictly legal sense we can make that argument.

I’m sure there are able legal minds out there who would capably do so or attempt to do so. But I believe, and I suspect the Attorney believes, that there are sound reasons for supporting the additions set out in sec- tion 2 of the bill. I might summarize that in the following. What are those reasons? Broadly speaking, I would offer two reas- ons, two rationale. The first, fairly simply, is this.

As long as discrimination is being perpetrated against an iden- tifiable group of people and against individuals because they are members of that identifiable group, then includ- ing protections for those individuals in that group, spe- cifically, are justified. We all wish it wasn’t necessary.

But I think we all know that in this case it is and that there are still, sadly, examples of discrimination, both individually and institutional, that need to be addressed and for which the inclusion and the passage of this amendment will be relevant and helpful. [2:45 p.m.] We got a report earlier this year dealing with the deliv- ery of health care services, In Plain Sight. The aptly titled report which described — it may have been last year; I said this year — racism in the health care system and found that 84 percent of Indigenous people who took

part in the investigation reported experiencing discrimination in our health care system. More than one-third of the health care worker respondents responded having witnessed discrim- ination inflicted upon Indigenous patients or their families and friends. I don’t know about the rest of the members, but it makes me uncomfortable and sad to consider that in the year 2021 that is still the reality confronting our citizens and our Indigenous citizens in this country and in this province.

Y et it remains a reality in that instance and, in that case, I think singularly justifies the step being advanced and proposed by the government in this legis- lation. I would say there is perhaps one other reason, if the first is not sufficient, and that is having regard for the history Monday, November 22, 2021 British Columbia Debates 4229

of our land, the history of our country that we are coming to grips with as time passes. Again this year we have borne witness to a graphic example of some of the implications and long-standing repercussions of policies adopted over a century ago but that are very much a fact of our national history and are relevant and — dare I say? — complicate the process of reconciliation because of the impact they’ve had and the emotions that they understandably engender on the part of, particularly, those whose families were so dramatically impacted.

Those two factors alone, I would suggest, are sufficient to justify support for the measure being advanced by the government today. There are, I am certain, others, and I am also certain that there are others in this chamber who may, in a far more profound way than I can, describe per- sonal examples of why this represents a step in the right direction. I will simply say that the opposition is support- ive of the initiative. It is not my purpose to needlessly pro- long the debate or take time from others who may wish to offer their explanations for the position they adopt with respect to this legislation.

But as I say, I anticipate this to be a debate not character- ized by rancour in any way, shape or form. I anticipate that the House will be supportive of the step being advanced by the Attorney General in this legislation. A. Olsen: I rise to take my place in the second reading debate on Bill 18. [2:50 p.m.] As I’m taking a look at the two bills that we have in front of us this afternoon, I have some gratitude for them.

I think it’s difficult for someone who grew up on an Indian reserve in this country, in this province to articulate, I guess, what it means, but also the feeling that you have when we’re in 2021 and we’re adding protections from dis- crimination into our human rights code that have long been needed, perhaps. Well, not perhaps — definitely. I recognize that there are some protections already in the human rights code. However, we’ve seen, increasingly, those who are doing the investigative work on behalf of our province and doing that work identifying this as a much-needed amendment.

I think the latest might have been Mary Ellen Turpel-Lafond, in the In Plain Sight report. It’s also noted here that Ardith Walpetko We’ dalx Walkem recommended the same inExpanding Our Vision: Cultural Equity and Indigenous Peoples’ Human Rights to the government to make this change. Y ou’re certainly not going to get any opposition from me or from my colleague on this change. I think that it does reflect where we’re at in two ways. One, it reflects the fact that we are making these amendments and these changes in our law, and that should be something that we celebrate.

The other way that it is a reflection on our soci- ety is that we stand here, 160-plus years down the road in this province, and this is the time that we’re doing it. I think some of the criticisms that I have and that I carry with me of the work that’s done in this House is much more around how that work is applied outside of this House. We can do a lot of the good work in here, but it’s how we take the work that’s done in here and breathe life into it and actually make the changes that are needed in this province. Unfortunately, we’ve seen the legislative changes….

The passing of the Declaration Act, for example, was something that was celebrated, and certainly the gov- ernment appreciated the accolades of being the first jur- isdiction to enshrine the articles of the declaration on the rights of Indigenous peoples into the Declaration Act here in British Columbia. Certainly, the steps that were taken to ensure that there were some accountability mechanisms in that legislation went over and above what we saw our federal government do in Ottawa. That should be acknowledged.

However, some of the critical work that is yet to be done now, almost two years to the day after passing that act, is woefully slow in rolling out. I note the Minister of Indigen- ous Relations and Reconciliation has been mandated by the Premier to create a secretariat to undertake the work of reconciliation in this province.

I know there’s been very, very little said on that, and Indigenous leaders and, cer- tainly, people in this House are very interested in knowing what the timeline is for that piece of work that was sup- posed to be done by the end of this year. [2:55 p.m.] I’m not going to belabour those points any longer. Just to say that we can do good work in the chamber here, but it’s going to require a government and independent offices to take the spirit of that work and breathe life into them.

I know that there are a lot of Indigenous people in this province right now that were feeling very hopeful that the work that was celebrated in here, that the overwhelm- ing back-patting that went on when the Premier and the former Minister of Indigenous Relations walked in to the Assembly of First Nations, willingly accepting the accol- ades of that important work…. I know that a lot of Indi- genous people right now are feeling deflated because the promise of what was to come has been incredibly slow in getting into the communities. I think that it’s important that we’re making this change.

I look forward to supporting it through the committee stage to the final vote. With that, I’ll take my seat. Deputy Speaker: Recognizing the member for Kam- loops–South Thompson. North Thompson. North, but he’s south of the member. But he’s north. P . Milobar:Y es. I always have to say, after that gets said: the sunny side of the riding. It gives me pleasure to rise today to Bill 18, to speak about the amendment to the human rights code. Certainly, I think it’s important to recognize, as we heard the pre- 4230 British Columbia Debates Monday, November 22, 2021

vious speaker say, that protections are in place under the human rights code right now. But when you’re talking about Indigenous peoples — who have, rightfully so, felt discriminated against because of actions taken against them for as long as B.C. has been around, frankly, and even before — it’s easy to see why amendments like this are important. Not just important to fulfil the language around UNDRIP that this chamber unanimously supported, but making sure that those actions actually are brought out in a tangible way.

When you’re part of a group of people who have felt that discrimination directly for so long, it’s important that, when you go to seek out help and recourse and guidance from government agencies and government tribunals and things of that nature, you feel that you are well represented when you’re looking through whether or not this is where you should be taking your complaint or your issue to try to get issues properly resolved.

When you can look into the Human Rights Act, if you are Indigenous, and actually see, with this amendment, that yes, indeed, Indigenous peoples will be taken seri- ously at the Human Rights Tribunal, that the actions taken will be dealt with, and they will be on equal footing as anyone else with issues around human rights complaints and violations…. It’s very important that people in those underserved communities and discriminated-against communities feel that they have that representation and that ease of access to government-type agencies.

Of course, we do have a very dark history as a province, as a country, around Indigenous peoples. This is yet anoth- er step along the long, long road to reconciliation. That is one fear we’ve heard time and again around UNDRIP from Indigenous leaders, once it was passed unanimously by this House: that government documents come and go, government words have come and gone, but real action is what is needed. So if there’s not the action to back up and start to implement some of the direction within UNDRIP , it becomes very problematic and very concerning for those Indigenous communities out there.

In the case of Kamloops, we have a very proud Indi- genous history of trying to advocate and make meaningful change, with all sorts of governments within our Indigen- ous communities, back to Ottawa or British Columbia — those promises being made, and then promises either not actioned or broken completely. I think back to the signing of the Laurier memorial in Kamloops in 1910, 1911, and then no actual action taken on it.

That is a sticking point for the Secwépemc Chiefs to this day, and rightfully so, because it was seen as, just now, yet another government promise with no actual tangible action behind the prom- ise. [3:00 p.m.] When we look at Bill 18, we see, although it’s a very short bill, as we know — it’s only the one page; it’s only a couple of clauses — it’s a very important step forward for this chamber to take a step to actually show some tangible change being made as it relates to UNDRIP .

We, frankly, have seen, on many other bills, a lack of consultation with Indigenous nations moving forward, post UNDRIP implementation. So there’s a lot of work still to be done by this government to make sure that the guid- ing principles of UNDRIP are actually actioned in prac- tice, not just spoken as hollow words in this chamber but actually followed through in a meaningful way. We look forward to committee stage of this bill.

We look forward to getting further understanding and a depth of understanding around what this change truly will mean for Indigenous peoples in our province around the human rights code and to making sure that that broader under- standing is shared with the public, much as we saw with, I think, the very well-thought-out, engaging, back-and- forth discussion — clause by clause, in that case; obviously, with this bill, not as many clauses — when UNDRIP was brought forward in the first place.

All too often, I think, in this chamber, the back-and- forth questioning of a bill gets perceived as very polit- ical, and everything is politicized. Not every bill is that way. Sometimes it’s just making sure that the public has a broad understanding of what exactly is being passed into legislation, what is moving forward, what the rami- fications of that mean and, most importantly, what the government intent and how they are interpreting this change would mean. Ultimately, moving forward, if there is any type of court action or anything like that….

The courts often will go back to those debates and listen to what the government’s answers were to questions to get a better understanding of what the true intent and direction being set out by the gov- ernment with any piece of legislation is. It’s really important for the opposition to be able to take that time in committee stage and to fully canvass, regard- less of length of bill, to make sure those important steps are understood. Now, I reference that because, unfortunately, we are now, with four days left in the legislative calendar, dealing with a bill at second reading.

It is unfortunate that the legislation was not brought forward earlier. Frankly, we have been waiting for what the legislative docket would look like from this government for quite some time. We will now have seven bills at committee stage at one point this week, in our last four days. We have four bills at second reading like this. That really does start to compress the ability for the opposition and, by exten- sion, the public to get a full and broad and meaningful dis- cussion and understanding of each piece of legislation that has a significant impact on a wide range of people.

This bill, obviously, is targeted directly to Indigenous communities and understandably so. Those questions that need to be asked and answered are nonetheless just as important and critical to get out there. So we look forward to committee stage of this bill. We look forward to hearing Monday, November 22, 2021 British Columbia Debates 4231

from other members, if they have thoughts on this bill at this stage. We hope, genuinely, that there is enough time, in this week, to properly canvass all pieces of legislation, all four bills at second reading and all seven bills that are, ulti- mately, going to wind up at committee stage throughout the course of the next four days.

Unfortunately, looking at the depth of a lot of these bills, this included — only two clauses but a very meaningful impact to people — I’m not sure that there will be enough time to do justice to the democratic process as it relates to dealing with legislation that’s been delayed for so long, to come forward. I look forward to the committee stage on this bill. B. Stewart: It’s a pleasure to rise in this House to speak about, albeit a simple one-page bill, something that has huge ramifications in terms of human rights in this province.

It’s part of our duties as elected officials to make certain we’re standing up on behalf of Indigenous com- munities and are doing that.

I have to say that in my own community, I’ve watched many generations of people within the Westbank First Nation, part of the Syilx community and the traditional Okanagan bands, and how they have made progression and have become not only self-governed, the very first self- governed band in Canada; they’ve become entrepreneur- ial, and they have grown into a community that is very much a part and becoming more integrated and respected for their history and the past. [3:05 p.m.] I know that our country has a dark history when it comes to some of the treatment towards Indigenous peoples.

We only found out earlier in this particular year, with the troubling discovery in the Tk’ emlúps residential school area as well as many others across the country…. But I think the fact that we are moving ahead, not accept- ing of that but trying to find a respectful way to make cer- tain that we deal with the injustices that may have been done and not necessarily…. We’re trying to make certain that we move ahead and empower Indigenous peoples. I know that addressing that legacy involves a long jour- ney of righting historical wrongs and ensuring equality for all who call this land their home.

There are many — as we know, 203 First Nations just in British Columbia, many without treaties. It is important that we…. We owe our citizens an equal opportunity to a fair share of the wealth from this country and the provinces. It’s why every government, regardless of political stripe, has had that responsibility to uphold those laws. I know that in my time in government, we very much worked to empower First Nations with community bene- fits agreements. I have to say that we did hundreds and hundreds of agreements in my time as both the minister and Member of the Legislative Assembly.

I guess one of the things, as we’ve moved along this con- tinuum of trying to figure out how we do better, the four host First Nations, in 2009…. In your riding, Mr. Speaker, I believe just down off Georgia Street, we had the four host First Nations. It allowed the world to see what we were about as Canadians, in the sense that we were more than just trying to give them some sort of less important role. They were the host First Nations. It was their territories, etc., that we celebrated the Olympics on, and it was a big part of what happened with British Columbia.

I guess, subsequent to that, the government brought in the Declaration on the Rights of Indigenous Peoples Act. We brought that together. We universally supported that because of what it meant. It meant that we really needed to put those rights and considerations in front of decisions that we’re making every day here in this House, and has that been considered? I know it’s not perfect. Today there are many different things where consultation…. It’s very difficult to imagine: what does that actually mean?

I think recently we had First Nations, or currently we have amendments to a forests statutes act, and a limited amount of time for those to be properly considered and consulted. Some things could take many years to work out. I realize it’s not a perfect system, but it’s on a continuum of trying to move forward. This legislation before us today seeks to expand on this legislation of UNDRIP , to further reconciliation by adding Indigenous identity as a protected group in the B.C. human rights code, fulfilling parts of the UNDRIP draft action plan.

An obvious question in my mind after just last week, on Monday, having the Métis from British Columbia here in the Legislature and meeting with them…. I think it was celebrating Louis Riel’s birthday. I think it’s really important that we do consider: are we bringing these other groups along that have a place in this space? I have to say that I was encouraged today because I had a meeting with the Office of the Human Rights Commissioner, Kasari Govender. That was a human rights commissioner that was brought in with Bill 50, in Novem- ber of 2018.

I’m encouraged that the commissioner has gone ahead and set up offices in Vancouver, Victoria, Kelowna, Prince George, Smithers. [3:10 p.m.] I think that one of the things that we heard in her pres- entation to the Finance and Government Services Com- mittee today was the breadth of the approach that’s being taken on First Nations and Indigenous issues around human rights — where they haven’t been given that con- sideration and the attention that they perhaps should have or could have. I do think it’s important that that is happen- ing. It’s happening as we speak.

The wording in Bill 18 is very important about that. I have to say that we can make the legal argument that they’re protected under the human rights legislation or human rights code that’s been in place for a long time in British Columbia. But clearly, the numbers speak to the fact that there do need to be changes in the way the gov- ernment and people see Indigenous people in British Col- 4232 British Columbia Debates Monday, November 22, 2021

umbia. That’s one of the reasons why, I believe, the govern- ment has brought forward Bill 18. I think there’s discrimination that we’ve seen visibly, in terms of reports such as In Plain Sight — where we found that a high percentage of Indigenous people who took

part in the investigation reported experiencing discrimination in the system. We’ve heard other reports, in health care and other places, where it has been not particularly pro- ductive, and it has become a bit of a game, I guess, if you want to call it that. Despite some of the steps I’ve mentioned, that we’ve moved forward in the past few decades, I think our society is still free from discrimination, as we’ve seen not only with Indigenous but other people that have been accused, in this province, of being of a lesser group.

It doesn’t matter whether it’s a South Asian community, the Oriental com- munities, etc. I think that we really have to look broader. It’s important that we embrace the fact that we do have equity here in this province. I think one of the things that we know…. We’ve seen it in the numbers, in the jobless numbers, in the fact that there are so many organizations, both private and public, that are desperate for new people. We are going to need more people that are coming from other walks of life. We need First Nations to be able to fill those positions. They’re particularly good at mining.

I know that in Smithers, they have a small mining school, which is dominated by local First Nations. At Okanagan College in the Okanagan, the population of First Nations is around 15 percent. These are way more than the local population. It’s the same at UBC Okanagan. The bottom line is that we need to make it so that there is an invisibility to where people have come from and where they fit in, etc. I think that that’s important. I know that as elected officials, we commit to building full and equal opportunity and prosperity for everybody in British Columbia.

I just want to maybe close with a com- ment that the Human Rights Commissioner mentioned in her reports today: “To the Indigenous peoples of this place we call B.C.: today we turn our minds to you and your ancestors. Y ou have kept your unceded homelands strong. We are grateful to live and work here. ” I think it goes without saying that it shows her office’s commitment to trying to make these things right. I think, as this work started decades ago and continues to this day, it’s work that we’re all committed to, that we all support and that we all want to take action towards.

We have a long journey still to go, and we must continue that journey in good faith together. J. Tegart: It is a pleasure to get up today and speak to Bill 18. It is a one-page bill but an incredibly important bill. Everyone in this House made a commitment to UNDRIP and passed a bill, with great celebration and great cere- mony, in this House. Now it is our job to put those words into action. [3:15 p.m.] I think there have been many occasions over the last year where there have been questions as to whether our words are true, whether we have the commitment to put them into action in this House.

But as I look at this one- page bill, I think it’s a tiny step on the journey towards where we need to be to recognize First Nations, in a mean- ingful way, in our province. As a grandmother of First Nations children, I have great faith in the future. I know that the First Nations people are a patient people. They’ve waited a long time — a long time — to be in this place and to have us recognize how import- ant they are to our province. I want to acknowledge that patience.

We sometimes are slow learners, and just this bill today — to recognize, in the Human Rights Act — is so incredibly important as we go on this journey. I served many, many years as a school board person. We worked very hard to include First Nations culture and First Nations history in the curriculum in schools. We built loc- al education agreements. We did everything in our power to put those words into action, in partnership with our First Nations communities.

Y et still today, we’re dealing with bullying, racism, misunderstanding — trying very hard in partnerships, still, to make schools a welcoming place for our First Nations kids, and also to partner with First Nations who have chosen to take their children and put together an education system that meets their needs. I can remember being very, very concerned that we didn’t see very many First Nations teachers in our schools, and that First Nations children needed to see First Nations teachers, to see that possibility and to see that someone who lived where they lived was a teacher.

As I learned the history — the history of education in Canada, the history of First Nations education — my understanding grew. We have a lot of work to do around the history of res- idential schools, and the sad discovery that was discovered in Kamloops this summer. It has been said in this chamber that many people think it’s a new discovery, but First Nations people will tell you that it’s not new to them. They knew; they told; they shared. They were traumatized by it. I think that there are times in history when we are so ready to acknowledge and to change. I hope that we are at that time in history.

The UN declaration was a great start, but we have a lot of work to do. We not only have challenges within our education sys- tem; I think we have challenges across government. As we continue to commit to right First Nations and to reflect First Nations in our lawmaking, I think we continue to strengthen the words that were spoken into actions. We have children in care. I have over 30 First Nations bands in my riding, and children in care is something we have talked about for all the time I’ve served here.

The under- standing of the culture of First Nations communities and how First Nations care for their children is so needed as we set up systems. [3:20 p.m.] Monday, November 22, 2021 British Columbia Debates 4233

We need to work in partnership, and respectful partner- ship, on how we reflect the culture in which those children grow up and are loved and are supported. We have lots of work to do in that area. I think there are a great many people in this province waiting for our actions to reflect our words. We are great talkers. I think everyone in the room will say that. But I can tell you I listen with great interest to the member for Saanich North and the Islands, to the member for Skeena, who have the lived experience.

It is so important for all of us to listen and internalize and understand how difficult it is sometimes for people who live in different situations and different cultures to be a part of who we are as a governing body. I thank those members for being a voice that will never be quiet, that will never be silenced. How important their representation is in this chamber. We have an obligation, as I said, under the UN declara- tion.

I can tell you I am committed, as a part of the opposi- tion, to ensure we move forward in a meaningful way, that we make the changes that reinforce and build on a com- mitment that was made in this chamber. It was historic. I was proud to be part of a government that was moving forward in such a meaningful way. But again, thank good- ness First Nations people are patient. I expected a little bit quicker reaction, a little bit more action, as we moved for- ward with the declaration.

I can tell you, as opposition, we are committed to ensur- ing that government lives by the UN declaration, that gov- ernment consults in a meaningful way. I think we have all heard of experiences where it has been words but no action. It has been fanfare but no action. It has been celeb- rations but little action. It is our job as opposition to hold government to account, and I make that commitment to First Nations people in British Columbia. We have the obligation to represent everybody.

But the richness of British Columbia is based on who lives here and how we acknowledge their culture, what they bring to us as a province, and in particular for First Nations people. I have been welcomed in so many communities and been brought to tears so many times as we learned some of the stories and as we participated in some of the celebrations and some of the ceremonies. I have to say that it is with great pleasure that I watch Elders today watch their young dance and celebrate and understand their culture and the strength that that culture brings to them.

It is a pleasure today to see the beginnings of action in regards to our UN declaration and in regards to human rights. As was said by, I do believe, my colleague from Saanich North and the Islands, it’s been a long time com- ing. But we are here today. I am pleased to be a part of a government that will support this. Thanks to the govern- ment for bringing this bill forward. [3:25 p.m.] F. Donnelly: I, too, would like to stand in full support of Bill 18, the Human Rights Code Amendment Act, 2021. The government recognizes that Indigenous people face discrimination at disproportionately higher levels.

This is due to systemic racism, discrimination and intergenera- tional trauma Indigenous peoples have experienced and continue to experience. Y et in a recent report put out by the Human Rights Tribunal, Indigenous complaints con- tinue to be underrepresented. So Bill 18, while it is brief, is very important. It seeks to enhance and clarify existing protections for Indigenous people under the code. Currently under the B.C. rights code, implicitly, it protects individuals based on prohibi- tions against discrimination on the grounds of race, col- our, ancestry, place of origin and religion.

These amend- ments that the Attorney General has introduced will add a protection or protected ground of Indigenous identity to explicitly recognize this protection against the discrimina- tion for Indigenous people. In addition, Bill 18 will add a definition of “Indigenous” which was co-developed with Indigenous people and provides clarity. By Indigenous, we mean the First Nations, Métis and Inuit people of Canada. I just want to add my support to this important bill. Deputy Speaker: Seeing no further speakers, I recog- nize the Attorney General to move second reading of the debate. Hon. D.

Eby: I thank all members who spoke to the bill. I know that there was a discussion that we would each put up a single speaker. Members felt moved to speak, and I’m glad for that. I heard the member from Kamloops suggest that maybe there wasn’t time to dis- cuss this, but I disagree, and I am glad that members found the time to prepare some thoughts and to speak on this. This is an important thing. The nice thing about it was that there’s lots of…. “I’ d like government to move faster; I think government needs to make sure that this is real outside the House” — all things I think we can all agree on.

So universal support for this. There’s some degree of pride, I think, we can all take that we’re the first province to directly include Indigenous identity in our human rights code. We won’t be the last. I agree strongly with the member for Saanich North and the Islands — disturbing that it took this long but necessary for us to do. With that, I move second reading. Motion approved. Hon. D. Eby: I move the bill be committed to a Com- mittee of the Whole House to be considered at the next sit- ting of the House after today.

Bill 18, Human Rights Code Amendment Act, 2021, read a second time and referred to a Committee of the 4234 British Columbia Debates Monday, November 22, 2021

Whole House for consideration at the next sitting of the House after today. Hon. D. Eby: I call second reading of Bill 29, Interpret- ation Act. BILL 29 —

INTERPRETATION AMENDMENT ACT, 2021 Hon. D. Eby: I move the bill be now read a second time. Two years ago this House unanimously passed the Declaration on the Rights of Indigenous Peoples Act. In doing so, we reaffirmed our government’s commitment to advancing reconciliation with Indigenous peoples, and we committed to take all measures necessary to ensure that the laws of British Columbia are consistent with the UN declaration on the rights of Indigenous peoples. The

Interpretation Amendment Act, 2021, represents an important step forward on these commitments. This bill proposes two key provisions: an affirmation of our consti- tutional obligations to Indigenous peoples through a non- derogation clause that will apply across the entire statute book and a requirement that provincial laws and regula- tions be read so as to be consistent with the UN declara- tion. [3:30 p.m.] The first provision responds to long-standing calls from Indigenous peoples, including the First Nations Leader- ship Council and the Alliance of B.C.

Modern Treaty Nations, for a positively framed, universal, non-derogation clause and fulfils a commitment made in the draft action plan under the Declaration Act. This clause underscores and reiterates our commitment to upholding constitutional principles, and including it in the

Interpretation Act will reduce the need for non- derogation clauses to be included in individual statutes. While this clause doesn’t, and really shouldn’t, change the province’s obligations under the constitution — we have to follow the constitution — it does serve as an important reminder of the rights of Indigenous peoples in our province. Like the Declaration Act was two years ago, the second provision in this act is novel in Canada. It takes another step forward on the alignment of laws by making it explicit that the province’s preferred approach to

interpretation of provincial acts and regulations requires consistency with the UN declaration. This clause must be understood in the context of the

Interpretation Act and its role in modern rules of statutory

interpretation. The purpose of the

Interpretation Act is to provide direction and assistance for the

interpretation of laws where their meaning is not clear. As such, the pro- posed UN declaration clause advances the

interpretation of the laws of British Columbia in alignment with the declaration, but does not itself incorporate the rights and principles in the UN declaration into the laws of B.C. dir- ectly or give it constitutional status. [N. Letnick in the chair.] In other words, if a court considers a provincial law to be inconsistent with the UN declaration, this amendment does not allow the court to read in, read down or find that law to be of no force or effect. This is consistent with the limits of the

Interpretation Act, but also with the under- standing that the substantive work of amending existing laws in our province, or introducing new laws to be con- sistent with the UN declaration, must be done in consulta- tion and cooperation with Indigenous peoples, in accord- ance with

section 3 of the Declaration Act. While the UN declaration clause does not provide authority to rewrite legislation, it does provide direction on how to resolve ambiguities in the law. The inclusion of this clause in the

Interpretation Act is an important signal, consistent with sections 1(4) and 2(

a) of the Declaration Act, which requires consideration of the UN declaration and directs those who interpret provincial acts and regula- tions to

interpretations that are consistent with it. It does this in a manner that is within the limits of the Interpreta- tion Act. I’m pleased that we are taking this important step of aligning the

Interpretation Act with the UN declaration as part of our commitment to the alignment of laws under

section 3 of the Declaration Act. M. de Jong: Another, I think, significant contribution to the statutory body of law, largely for reasons laid out by the Attorney. I was pleased to hear that he spent a little bit of time in his remarks pointing out some of the things that the amendment to the

Interpretation Act will accomplish and, also, some of the things that it will not accomplish, because I think accuracy is important on a matter like this, which carries with it both a symbolic significance, which isn’t to be dismissed or diminished, and a substantive sig- nificance as well. The symbolic significance bears consideration in the piece of legislation that is the blueprint for the Interpret- ation Act, which is the blueprint for the manner in which legislation is to be interpreted — hence the name, Inter- pretation Act. Very early in that act, there will be reference to the UN declaration.

When we get to committee, I’m going to ask the Attor- ney to spend a few moments to make clear the reference to the act — that, is the Declaration on the Rights of Indi- genous Peoples Act — because my understanding is that that is significant because we are referencing the

schedule in that act, which is itself the declaration. [3:35 p.m.] Some people might be a little bit confused about the ref- erence to the act as opposed to the declaration itself, but Monday, November 22, 2021 British Columbia Debates 4235

the declaration, of course, exists as a

schedule to that earli- er piece of legislation. On the substantive side, and this does get fairly technic- al in terms of statutory drafting, my impression — I think the Attorney touched on this, but we’ll clarify it a little bit more when we get to

Document details

Collection	British Columbia — Debates (Hansard)
Citation	20211122pm-Hansard-n135
Type	hansard
Volume / chapter	20211122pm Hansard n135
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9b96ac3f0270f197a60967b328542ff02d2cbf25

Source file is stored in the law ingest library (pdf).