British Columbia Hansard — Monday, May 17, 2004 (37th Parliament, 5th Session) (h0517pm-14) (h0517pm 14)

h0517pm-14

British Columbia — Debates (Hansard)

5th Session, 37th Parliament OFFICIAL REPORT OF DEBATES OF THE LEGISLATIVE ASSEMBLY (HANSARD) Monday, May 17, 2004 Afternoon Sitting Volume 25, Number 14 THE HONOURABLE CLAUDE RICHMOND, SPEAKER ISSN 0709-1281

PROVINCE OF BRITISH COLUMBIA (Entered Confederation July 20, 1871) LIEUTENANT-GOVERNOR Honourable Iona Campagnolo 5TH SESSION, 37TH PARLIAMENT SPEAKER OF THE LEGISLATIVE ASSEMBLY Honourable Claude Richmond EXECUTIVE COUNCIL Premier and President of the Executive Council ............................................................................................................Hon. Gordon Campbell Minister of State for Intergovernmental Relations ...............................................................................................................Hon.

Sindi Hawkins Deputy Premier and Minister of Children and Family Development ................................................................................ Hon. Christy Clark Minister of State for Early Childhood Development...................................................................................................................Hon. Linda Reid Minister of Advanced Education................................................................................................................................................ Hon.

Shirley Bond Minister of Agriculture, Food and Fisheries..................................................................................................................... Hon. John van Dongen Attorney General and Minister Responsible for Treaty Negotiations..................................................................................... Hon. Geoff Plant Minister of Community, Aboriginal and Women's Services ................................................................................................ Hon.

Murray Coell Minister of State for Women's and Seniors' Services................................................................................................................... Hon. Ida Chong Minister of Education ............................................................................................................................................................Hon. Tom Christensen Minister of Energy and Mines...............................................................................................................................................Hon.

Richard Neufeld Minister of State for Mining...................................................................................................................................................................Hon. Pat Bell Minister of Finance.........................................................................................................................................................................Hon. Gary Collins Minister of Forests................................................................................................................................................................... Hon.

Michael de Jong Minister of State for Forestry Operations.................................................................................................................................. Hon. Roger Harris Minister of Health Services.........................................................................................................................................................Hon. Colin Hansen Minister of State for Mental Health and Addiction Services ....................................................................................................Hon.

Susan Brice Minister of Human Resources........................................................................................................................................................Hon. Stan Hagen Minister of Management Services ............................................................................................................................................. Hon. Joyce Murray Minister of Provincial Revenue.................................................................................................................................................... Hon.

Rick Thorpe Minister of Public Safety and Solicitor General...................................................................................................................... Hon. Rich Coleman Minister of Skills Development and Labour......................................................................................................................Hon. Graham P. Bruce Minister of Small Business and Economic Development ...............................................................................................................Hon.

John Les Minister of Sustainable Resource Management ....................................................................................................................Hon. George Abbott Minister of State for Resort Development............................................................................................................................... Hon. Sandy Santori Minister of Transportation...........................................................................................................................................................Hon.

Kevin Falcon Minister of Water, Land and Air Protection ............................................................................................................................... Hon.

Bill Barisoff LEGISLATIVE ASSEMBLY Deputy Speaker ....................................................................................................................................................................................John Weisbeck Leader of the Opposition .......................................................................................................................................................................Joy MacPhail Deputy Chair, Committee of the Whole..............................................................................................................................................

Harold Long Clerk of the Legislative Assembly ........................................................................................................................................... E. George MacMinn Clerk Assistant.........................................................................................................................................................................................Robert Vaive Clerk Assistant and Law Clerk ...............................................................................................................................................................Ian D.

Izard Clerk Assistant and Clerk of Committees ....................................................................................................................................... Craig H. James Clerk Assistant and Committee Clerk ..........................................................................................................................................Kate Ryan-Lloyd Sergeant-at-Arms............................................................................................................................................................................. A.A.

Humphreys Director, Hansard Services ..................................................................................................................................................Anthony Dambrauskas Legislative Librarian ..................................................................................................................................................................................Jane Taylor Legislative Comptroller...............................................................................................................................................................................Peter Bray Published by British Columbia Hans ard Services, and printed under the authority of the Speaker by the Queen's Printer, Victoria.

Rates: single issue, $2.85; per calendar year, mailed daily, $298. GST extra. Agent: Crown Publications Inc., 521 Fort St., Victoria, B.C. V8W 1E7. Telephone: (250) 386-4636. Fax: 386-0221. www.leg.bc.ca Hansard Services publishes transcripts both in print and on the Internet. Chamber debates are broadcast on television and webcast on the Internet.

Party Standings: Liberal 74; New Democratic 2; Independent Liberal 3 ALPHABETICAL LIST OF MEMBERS Abbott, Hon. George (L) ..........................................................................Shuswap Anderson, Val J. (L)............................................................... Vancouver-Langara Barisoff, Hon. Bill (L)...............................................Penticton–Okanagan Valley Bell, Hon.

Pat (L) ..................................................................Prince George North Belsey, Bill (L)....................................................................................North Coast Bennett, Bill (L) ..............................................................................East Kootenay Bhullar, Tony (Ind. L) ................................................................... Surrey-Newton Bloy, Harry (L).....................................................................................Burquitlam Bond, Hon. Shirley (L)..........................................

Prince George–Mount Robson Bray, Jeff (L) ........................................................................Victoria–Beacon Hill Brenzinger, Elayne (Ind. L)...........................................................Surrey-Whalley Brice, Hon. Susan (L)...................................................................... Saanich South Bruce, Hon. Graham P. (L) ................................................. Cowichan-Ladysmith Campbell, Hon. Gordon (L) ..............................................

Vancouver–Point Grey Cheema, Gulzar S. (L).....................................................Surrey–Panorama Ridge Chong, Hon. Ida (L) ......................................................... Oak Bay–Gordon Head Christensen, Hon. Tom (L) ...................................................... Okanagan-Vernon Chutter, Dave (L) ..............................................................................Yale-Lillooet Clark, Hon.

Christy (L) ....................................................Port Moody–Westwood Cobb, Walt (L) ................................................................................Cariboo South Coell, Hon. Murray (L) ..........................................Saanich North and the Islands Coleman, Hon. Rich (L)................................................Fort Langley–Aldergrove Collins, Hon. Gary (L) ..........................................................Vancouver-Fairview de Jong, Hon. Michael (L) ........................................Abbotsford–Mount Lehman Falcon, Hon.

Kevin (L) ............................................................ Surrey-Cloverdale Hagen, Hon. Stan (L) ......................................................................Comox Valley Halsey-Brandt, Greg (L) ............................................................Richmond Centre Hamilton, Arnie (L)..............................................................Esquimalt-Metchosin Hansen, Hon. Colin (L) .......................................................Vancouver-Quilchena Harris, Hon.

Roger (L) ................................................................................Skeena Hawes, Randy (L)............................................................... Maple Ridge–Mission Hawkins, Hon. Sindi (L) ........................................................... Kelowna-Mission Hayer, Dave S. (L) ..................................................................... Surrey-Tynehead Hogg, Gordon (L)................................................................... Surrey–White Rock Hunter, Mike (L) .....................................................................................

Nanaimo Jarvis, Daniel (L)........................................................North Vancouver–Seymour Johnston, Ken (L).............................................................. Vancouver-Fraserview Kerr, Brian J. (L) ................................................................ Malahat–Juan de Fuca Krueger, Kevin (L)................................................... Kamloops–North Thompson Kwan, Jenny Wai Ching (NDP)................................

Vancouver–Mount Pleasant Lee, Richard T. (L).........................................................................Burnaby North Lekstrom, Blair (L)................................................................... Peace River South Les, Hon. John (L).................................................................... Chilliwack-Sumas Locke, Brenda (L) ............................................................. Surrey–Green Timbers Long, Harold (L) .................................................... Powell River–Sunshine Coast MacKay, Dennis (L).........................................................

Bulkley Valley–Stikine McMahon, Wendy (L).............................................. Columbia River–Revelstoke MacPhail, Joy (NDP) ............................................................ Vancouver-Hastings Manhas, Karn (L) ..............................................Port Coquitlam–Burke Mountain Masi, Reni (L) ..................................................................................... Delta North Mayencourt, Lorne (L)............................................................Vancouver-Burrard Murray, Hon. Joyce (L).............................................................

New Westminster Nebbeling, Ted (L)..................................................... West Vancouver–Garibaldi Nettleton, Paul (Ind. L) ...................................................Prince George–Omineca Neufeld, Hon. Richard (L) .......................................................

Peace River North Nijjar, Rob (L).....................................................................Vancouver-Kingsway Nuraney, John (L)..................................................................Burnaby-Willingdon Orr, Sheila (L) .............................................................................Victoria-Hillside Penner, Barry (L)......................................................................... Chilliwack-Kent Plant, Hon. Geoff (L) ...........................................................

Richmond-Steveston Reid, Judith (L)....................................................................... Nanaimo-Parksville Reid, Hon. Linda (L) ..................................................................... Richmond East Richmond, Hon. Claude (L)...................................................................Kamloops Roddick, Valerie (L)............................................................................ Delta South Sahota, Patty (L).......................................................................Burnaby-Edmonds Santori, Hon. Sandy (L) ..............................................

West Kootenay–Boundary Stephens, Lynn (L).................................................................................... Langley Stewart, Ken (L)........................................................ Maple Ridge–Pitt Meadows Stewart, Richard (L)........................................................Coquitlam-Maillardville Suffredine, Blair F. (L)..................................................................Nelson-Creston Sultan, Ralph (L) .........................................................West Vancouver–Capilano Thorpe, Hon.

Rick (L)............................................................Okanagan-Westside Trumper, Gillian (L)..................................................................Alberni-Qualicum van Dongen, Hon. John (L)..................................................Abbotsford-Clayburn Visser, Rod (L)...................................................................................North Island Weisbeck, John (L).......................................................... Kelowna–Lake Country Whittred, Katherine (L).............................................

North Vancouver–Lonsdale Wilson, John (L)..............................................................................Cariboo North Wong, Patrick (L)..............................................................Vancouver-Kensington LIST OF MEMBERS BY RIDING Abbotsford-Clayburn ........................................................ Hon. John van Dongen Abbotsford–Mount Lehman................................................Hon. Michael de Jong Alberni-Qualicum ........................................................................

Gillian Trumper Bulkley Valley–Stikine ................................................................ Dennis MacKay Burnaby North................................................................................ Richard T. Lee Burnaby-Edmonds.............................................................................. Patty Sahota Burnaby-Willingdon ........................................................................John Nuraney Burquitlam............................................................................................

Harry Bloy Cariboo North..................................................................................... John Wilson Cariboo South........................................................................................Walt Cobb Chilliwack-Kent ................................................................................ Barry Penner Chilliwack-Sumas ........................................................................... Hon.

John Les Columbia River–Revelstoke .....................................................Wendy McMahon Comox Valley .............................................................................Hon. Stan Hagen Coquitlam-Maillardville............................................................... Richard Stewart Cowichan-Ladysmith .........................................................Hon. Graham P.

Bruce Delta North.............................................................................................Reni Masi Delta South...................................................................................Valerie Roddick East Kootenay .....................................................................................Bill Bennett Esquimalt-Metchosin .................................................................... Arnie Hamilton Fort Langley–Aldergrove....................................................... Hon.

Rich Coleman Kamloops ......................................................................... Hon. Claude Richmond Kamloops–North Thompson.......................................................... Kevin Krueger Kelowna–Lake Country .................................................................John Weisbeck Kelowna-Mission ...................................................................Hon. Sindi Hawkins Langley........................................................................................... Lynn Stephens Malahat–Juan de Fuca.......................................................................

Brian J. Kerr Maple Ridge–Mission ......................................................................Randy Hawes Maple Ridge–Pitt Meadows............................................................... Ken Stewart Nanaimo .............................................................................................Mike Hunter Nanaimo-Parksville..............................................................................Judith Reid Nelson-Creston......................................................................... Blair F.

Suffredine New Westminster .................................................................... Hon. Joyce Murray North Coast .......................................................................................... Bill Belsey North Island.......................................................................................... Rod Visser North Vancouver–Lonsdale .................................................... Katherine Whittred North Vancouver–Seymour ..............................................................

Daniel Jarvis Oak Bay–Gordon Head.................................................................Hon. Ida Chong Okanagan-Vernon ..............................................................Hon. Tom Christensen Okanagan-Westside................................................................... Hon. Rick Thorpe Peace River North ...............................................................Hon. Richard Neufeld Peace River South ..........................................................................Blair Lekstrom Penticton–Okanagan Valley...................................................... Hon.

Bill Barisoff Port Coquitlam–Burke Mountain......................................................Karn Manhas Port Moody–Westwood ...........................................................Hon. Christy Clark Powell River–Sunshine Coast............................................................Harold Long Prince George North .........................................................................Hon. Pat Bell Prince George–Mount Robson................................................. Hon. Shirley Bond Prince George–Omineca .................................................................

Paul Nettleton Richmond Centre ...................................................................Greg Halsey-Brandt Richmond East ............................................................................ Hon. Linda Reid Richmond-Steveston ...................................................................Hon. Geoff Plant Saanich North and the Islands..................................................Hon. Murray Coell Saanich South............................................................................. Hon. Susan Brice Shuswap ................................................................................

Hon. George Abbott Skeena .......................................................................................Hon. Roger Harris Surrey-Cloverdale ....................................................................Hon. Kevin Falcon Surrey–Green Timbers.....................................................................Brenda Locke Surrey-Newton ..................................................................................Tony Bhullar Surrey–Panorama Ridge............................................................ Gulzar S.

Cheema Surrey-Tynehead .............................................................................Dave S. Hayer Surrey-Whalley ........................................................................ Elayne Brenzinger Surrey–White Rock.......................................................................... Gordon Hogg Vancouver-Burrard .................................................................. Lorne Mayencourt Vancouver-Fairview..................................................................Hon. Gary Collins Vancouver-Fraserview .....................................................................

Ken Johnston Vancouver-Hastings......................................................................... Joy MacPhail Vancouver-Kensington .................................................................... Patrick Wong Vancouver-Kingsway............................................................................ Rob Nijjar Vancouver-Langara...................................................................... Val J. Anderson Vancouver–Mount Pleasant .............................................Jenny Wai Ching Kwan Vancouver–Point Grey..................................................... Hon.

Gordon Campbell Vancouver-Quilchena ............................................................. Hon. Colin Hansen Victoria–Beacon Hill ...............................................................................Jeff Bray Victoria-Hillside.....................................................................................Sheila Orr West Kootenay–Boundary ......................................................Hon. Sandy Santori West Vancouver–Capilano ............................................................... Ralph Sultan West Vancouver–Garibaldi............................................................

Ted Nebbeling Yale-Lillooet .....................................................................................Dave Chutter

CONTENTS Monday, May 17, 2004 Afternoon Sitting Routine Proceedings Page Introductions by Members ....................................................................................................... ........................................... 11139 Ministerial Statements......................................................................................................... .................................................. 11139 Mining industry in B.C. Hon. P. Bell J.

MacPhail Statements (Standing Order 25B) .............................................................................................................................. ........... 11141 People moving to B.C. S. Orr High-technology industry in Kelowna J. Weisbeck Hepatitis C awareness L. Mayencourt Oral Questions................................................................................................................. ....................................................... 11142 Investigation of child abuse complaints and death of Kayla John J. Kwan Hon. C. Clark Child protection services in Zeballos J.

MacPhail Hon. C. Clark Report on offshore oil and gas industry D. MacKay Hon. R.

Neufeld Committee of the Whole House................................................................................................... ........................................ 11145 Ministerial Accountability Bases Act, 2004-2005 (Bill 49) Report and Third Reading of Bills .............................................................................................. ......................................... 11145 Ministerial Accountability Bases Act, 2004-2005 (Bill 49) Committee of the Whole House................................................................................................... ........................................ 11145 International Financial Activity Act (Bill 53) Report and Third Reading of Bills .............................................................................................. ......................................... 11145 International Financial Activity Act (Bill 53) Second Reading of Bills........................................................................................................ ................................................. 11145 Financial Institutions Statutes Amendment Act, 2004 (Bill 39) Hon.

G. Collins Teaching Profession Amendment Act, 2004 (Bill 55) Hon. T. Christensen J. Kwan M. Hunter R. Masi B. Lekstrom K. Stewart Hon. T. Christensen

Committee of the Whole House................................................................................................... ........................................ 11156 Vital Statistics Amendment Act, 2004 (Bill 43) Hon. C. Hansen J. MacPhail S.

Orr Report and Third Reading of Bills .............................................................................................. ......................................... 11159 Vital Statistics Amendment Act, 2004 (Bill 43) Committee of the Whole House................................................................................................... ........................................ 11159 Wildlife Amendment Act, 2004 (Bill 51) J. MacPhail Hon. B. Barisoff B. Lekstrom D.

Jarvis Reporting of Bills ............................................................................................................. ...................................................... 11166 Wildlife Amendment Act, 2004 (Bill 51) Third Reading of Bills......................................................................................................... ................................................... 11166 Wildlife Amendment Act, 2004 (Bill 51) Committee of the Whole House................................................................................................... ........................................ 11166 Parks and Protected Areas Statutes Amendment Act, 2004 (Bill 50) J.

MacPhail Hon. B. Barisoff D. MacKay Report and Third Reading of Bills .............................................................................................. ......................................... 11171 Parks and Protected Areas Statutes Amendment Act, 2004 (Bill 50) Committee of the Whole House................................................................................................... ........................................ 11171 Correction Act (Bill 44) D. MacKay Hon. R. Coleman J.

Kwan Report and Third Reading of Bills .............................................................................................. ......................................... 11181 Correction Act (Bill 44)

11139 MONDAY, MAY 17, 2004 The House met at 2:05 p.m. Introductions by Members J. MacPhail: There are several members of the caravan of hope with us today. The caravan of hope represents the estimated 65,000 British Columbians infected with hepatitis C. It 's a provincewide group of citizens concerned with hepatitis C. It's a non-profit organization. They banded together to ensure that there's greater access, trea tment and medicine for vic- tims of hepatitis C. The group joining us today is Joan King, Beverly Atlas, Marjorie Harris, Heather Harris, Deanna Auger, Destiny Auger, Bradley Kane and David Mazoff.

Also with the group today is Carol Romanow. She has been a strong advocate at Action Committee of People with Disabilities in Victoria. Her role is to assist people to navigate through all of the circumstances, including legislation, and particularly those with hepa- titis C. Would everybody please make them welcome. Hon. S. Hagen: In the precincts today are 36 grade 5 students from Tsolum Elementary School together with their teachers, Ms. Valerie Sherriff and Ms. Carol Walters, and eight dedicated parents from the school, as well, in the Comox Valley. Would the House please join me in making them welcome. Hon.

P. Bell: Joining us in the gallery today from the wonderful city of Kelowna is my sister, Kit Bell. I would ask that the House please make her very wel- come. D. Hayer: It gives me great pleasure to introduce seven students from Princess Margaret Secondary School who are touring our Legislature today. They are Denise Torok, Agata Stanielewicz, Kylie Van Eaton, Eja Ali, Al Habib, Margaret Yu and Lisa Van Zyderveld. Joining them is their teacher, Jonathan Nielson.

These seven students were participating in the Ro- tary Club of Surrey Advent ure in Citizenship speech meet, an event that focuse s on developing a greater awareness among young people of both the responsi- bilities and the importance of citizenship. These grade 10 and 11 students were asked to speak on what there is to celebrate in Canada. Their responses were lively and represented a refreshing image of youthful pride in being Canadian.

As an acknowledgment of their fine work, I invited these students on a trip to the British Columbia Legisla- ture to gain a greater understanding of how our pro- vincial government works. Would the House please make them very welcome. Hon. G. Abbott: In the gallery today is a former resident of my hometown of Sicamous, Tamara Schweeder. She's the partner of my former executive assistant, Jay Schlosar, who is also a former resident of Sicamous. While I'm on former residents of Sicamous, I failed the other day to introduce Byron Plant, who's a former resident of Sicamous now working as a legislative in- tern here.

J. MacPhail: You see a trend there, eh? Hon. G. Abbott: Yes, there are not many left at home, Mr. Speaker. With Tamara here toda y is her friend Lindsey Timmermans of Victoria. I'd like the House to make them all welcome. Hon. K. Falcon: Today in the galleries we're joined by the wife of my ministerial assistant, Lynne Cyr. Lynne is joined by her two daughters, Robyn and Megan. I would ask the House to please make them welcome. Mr. Speaker: Member for Surrey-Tynehead has another class. D. Hayer: Mr. Speaker, I have another guest. It gives me great pleasure to introduce my constituent, my friend Rob Terris.

Since 1982, he has been contributing to the Surrey community as president of the Guildford Community Pa rtners Society and as president of Tynehead Community Association, as well as a member of the Guildford Lions Club. Would the House please make him very welcome. Ministerial Statements MINING INDUSTRY IN B.C. Hon. P. Bell: I rise to make a ministerial statement. The province has proclaimed May 16 to 22, 2004, to be Mining Week in British Columbia. All British Columbi- ans benefit from the mining undertaken in this prov- ince.

Given the importance of mining to B.C.'s economy and to our individual lives, it's appropriate that we take time to recognize the importance of this industry. [1410] From fuel cells to medica l equipment, the minerals mined in B.C. are used to manufacture a wide variety of products used in everyday life. For example, zinc is used in soap, molybdenum is used to make lightbulbs, gold for electrical wire — and I'd like to see that electri- cal wire, Mr.

Speaker — silver in mirrors, lead for fine crystal, aluminum for aircra ft parts, and copper that's used in medical equipment along with thermal coal used in many steel products. Crystalline graphite is the raw material used now to make fuel cells. These are just a few of the uses of these B.C. minerals that are put to use every day. Our province also produces aggregate. The aggre- gate industry is in many wa ys one of the cornerstones of our economy — no pun intended. The industry itself employs about 3,000 people, but every British Colum-

11140 B RITISH COLUMBIA DEBATES M ONDAY, MAY 17, 2004 bian consumes this product. In fact, on average, every person in B.C. consumes about 13 tonnes of aggregate per year. This aggregate is used in our infrastructure, to build roads and to construct our homes. Aggregate is also heavily relied on for the basic infrastructure of our society. The increased cost to the aggregate indus- try has had a major impact on our entire economy. Much of British Columbia was actually built on the mining industry.

In 1862, Bi lly Barker found gold at Williams Creek, a discovery that started a rush of for- tune seekers from all over the world and brought with it a rush of construction, people and wealth. Thousands of people travelled the Cariboo wagon road between 1862 and 1870, converging on the boomtown called Barkerville. In fact, by the late 1860s, Barkerville was widely believed to be one of the largest towns west of Chicago and north of San Francisco. These days there are 13 metal mines and coalmines in B.C. and 860 aggregate an d industrial pits and quar- ries.

Today mining directly employs about 10,000 Brit- ish Columbians at an average wage of over $89,000 per year, the highest average wage of any industry in the province. The good news is that with over 12,000 min- eral occurrences in the prov ince, coupled with soaring demands for metals, there is a vast untapped potential for responsible and sustainable development in British Columbia. Government is committed to supporting the long tradition of mining in British Columbia and is partner- ing with industry for responsible and sustainable de- velopment.

Mining in British Columbia is an environ- mentally responsible industry. In fact, mining activity affects less than one-third of 1 percent of the entire land base of the province. That's just 28,000 hectares that are currently being used by mini ng, an area that is about twice the size of Vancouver city proper. When mines close, lands are reclaimed for other uses. Through reclamation, mines have successfully re- established habitat for elk, moose, deer, Rocky Moun- tain bighorn sheep and mountain goats. They've pro- vided grazing lands for cattle and have successfully reforested waste rock dumps.

They've established a trophy Kamloops trout fishery and a tailings pond and have created spawning habi tat for bull trout in our province. Our guidelines have been adopted around the world, including by Ontario and major multinational corporations such as Placer Dome. It's also noteworthy that mining is the safest heavy industry in this prov- ince. In fact, just a few weeks ago I was at Quinsam Coal on Vancouver Island where I was honoured to present the John T. Ryan aw ard for safety.

Quinsam is the only underground operat ing coalmine in the prov- ince, and they've worked in excess of two years with- out a single reportable accident. There are many promising signs on the horizon that mining is making a comeback. Under our Premier, Gordon Campbell, mineral exploration has increased from just $25 million in 2001 and is expected to reach between $90 million and $120 million this year. Claim- staking is also way up, but most importantly — unlike the nineties, which saw mines close down one after another — we're once again seeing mines reopen in the province.

Gibraltar and Bralorne have announced their intentions to reopen, and Pine Valley Coal has an- nounced that it will be opening a new mine near Chet- wynd prior to the end of the year. Throughout B.C.'s history, mining has been one of the important pillars of our economy. Our goal is to make British Columbia the most attractive jurisdiction in the world for mining. Let me repeat that: the most attractive jurisdiction in the world, because mining can operate anywhere.

Our government's new action agenda for mining is taking the steps to restore our competitiveness, allowing us to revitalize our mining industry and bring back the economic potential that's so important to our province. [1415] J. MacPhail: I rise, too, in response to the ministe- rial statement to celebrate Mining Week. It was inter- esting that the minister chose a historical overview, and of course there has been gold, silver, copper, mo- lybdenum, zinc and many ot her metals in them there hills for time immemorial — nothing new there what- soever.

Frankly, since people have come to live in B.C., they've sought out these me tals and put them to pro- ductive use. Most of the productive use has been to export them, to trade them. They have always traded more when they could get more for them in return — basic economics. I know the minister understands that. As the minister rightfully acknowledges, the hot Asian market driven by China is driving up metal prices — all prices. When prices are high, exploration increases, as does investment, and that's excellent. That's the real- ity of any resource-exporting economy. In British Columbia, though, as opposed to….

Interjections. Mr. Speaker: Order, please. The Leader of the Op- position has the floor. J. MacPhail: I think the minister mistook me for David Anderson. We were, though, in the 1930s and forties, price setters, and now in British Columbia we're price takers, not price makers. There was an example from the 1990s about mining, and it proves to be very insightful in relation to the growing economy. In June of '97 the Mount Polley mine was completed. Private sector investment–built, it took over 12 months and $115 mil- lion of investment.

In September of 2001 the mine had to suspend operations because commodity prices had plummeted. Now those commodity prices are back, and hopefully this mine, which was built on time and under budget, will be put to useful production as well. What does make me a little bit nervous — and it's only a cautionary note here — is that as we know full well the mining industry is about commodity prices. We have to be ever so cautious not to throw the baby

MONDAY, MAY 17, 2004 B RITISH COLUMBIA DEBATES 11141 out with the bathwater and have a zeal for cutting red tape that may impede proper environmental and regu- latory oversight, and then somehow be charged with improper activity in those areas in the world market. Certainly, a responsible, productive mining indus- try is a necessity for B.C. What we must do, though, is move forward to a modern, sustainable industry and not to the past where communities were devastated. Statements (Standing Order 25

B) PEOPLE MOVING TO B.C. S. Orr: In politics we try to get our message out to the public with facts. We quite often get facts provided by Stats Canada or other public agencies. This usually starts the age-old debate of

interpretation. The opposi- tion reads it one way; we usually read it the other. Well, I decided I wanted to find out the real facts on the net flow of people coming back to British Colum- bia. Is it really true, or is it just another

interpretation of stats? This weekend I had the opportunity to ask a couple of people who I figure should really know — people who rent trucks. Barrie Rogers, who I've never met before, owns Budget Car and Truck Rental on Vancouver Island, in th e Okanagan and in the Kootenay region. He was very clear. This is the best year he has ever had. He is deadheading more trucks back to Alberta than he has in years. Judy Scott, who owns Budget Car and Truck Rental right here in Victoria, said the same thing.

But Judy is a friend, and I wanted an un biased opinion so she put me in touch with her distribution manager, Terry Judd, who has worked for Budget for ten years. He con- firmed the same thing, but he reminded me of some- thing. It is ordinary working folk that rent trucks. They can't afford moving companies, so they don't move for the sake of it. They move because it's worthwhile. [1420] I know some people don't always believe what politicians say — surprise.

But I have a witness, some- one who was sitting right opposite me when I asked this question — a national, provincial and local journal- ist, an author, a television political pundit, and some- one who has been known to be a little critical of this government and quite outspoken. When I mention his name, I want to hear no groans — Norman Spector. As God is my witness — sorry, Freudian slip…. I mean as Norman is my witness, these facts did not come from politicians or spin doctor s or bureaucrats but from people who really know on the ground what is going on — people who rent trucks.

HIGH-TECHNOLOGY INDUSTRY IN KELOWNA J. Weisbeck: On Thursday, June 3, I will again be hosting the sixth annual Okanagan Technology Sym- posium. I was prompted six years ago, after listening to numerous accounts of the thriving technology centres in both Victoria and Vancouver, to host this conference. I felt it was time to showcase the 250 technology com- panies that made Kelowna the centre of the Silicon Vineyard. The first conference focused on the future of e-commerce.

It was an opportunity for Kelowna high- tech firms to strut their st uff and also the opportunity to invite some of the high-tech companies to Kelowna just in case they wanted to have some future expan- sion. Nortel, EDS and Microsof t are some of them that showed up. A great deal has happened in six years. Kelowna is now recognized as the third-largest high-tech centre in the province and growing. Kelowna is not only a very desirable place to live — ten golf courses within the city limits… An Hon. Member: If you're a golfer. J. Weisbeck: If you're a golfer. …but a great place to do business.

A recent KPMG report shows that Kelowna has been rated the most cost-competitive place to do busi- ness. Kelowna has been rank ed number one in the Pa- cific region with significant savings over Seattle at 18 percent, San Jose at 23 percent and San Diego at 17 per- cent. I know with the addi tion of the UBC Okanagan and its research capacity, the final piece of the puzzle to make Kelowna one of the most desirable places in North America for high-tech business to grow is in place.

The title of this year's co nference is "Convergence of health care delivery and life sciences research." One of the main themes will be a forum on the impact of a full research university on our area and the development of health research. I'm very pleased that we'll have our opening remarks from the Minister of Management Services. We'll have Dr. Michael Hayden, director of the Centre for Molecular Medicine and Therapeutics at UBC and the founder of Xenon Genetics, to name but a few of the speakers.

I urge everyone to check the conference website — www.rebootconference.com — a n d j o i n u s o n T h u r s - day, June 3 for a very interesting and informative day, and stick around for the weekend for a round of golf. HEPATITIS C AWARENESS L. Mayencourt: As was noted by the Leader of the Opposition, today we're being visited by the caravan of hope, which represents the over 65,000 people in Brit- ish Columbia that live with hepatitis C. May is hepati- tis C month in British Columbia.

Of the over 250,000 people in Canada estimated to have hepatitis C, almost 30 percent live here in British Columbia with only 14 percent of the Canadian population. While there's lots to be done to help people with hep C, we are seeing some improvement. Let me tell you a little story that happened to me. Last year we had a group of these people who were living with hepatitis C. They came to the Legislature and spoke to caucus members. We took their suggestions and im- plemented them as best we could. The result was the

11142 B RITISH COLUMBIA DEBATES M ONDAY, MAY 17, 2004 release or listing of pegylated interferon, a new drug to help them with a cure. Apparently, things are star ting to work, because the other day I was stopped on the street by a Victoria-area bus. The driver opened the door, and he said: "Hey, do you remember me?" I did remember him, but I couldn't remember from where. He said: "Well, I was in the hep C group." He said that things are much better because of the changes that we implemented last year.

He was very proud of the fact that he was on the road to recov- ery and that he was back at work and feeling like he was part of life again. I'm standing in front of this bus, and it occurs to me that last year there were many people living with hep C just waiting on the curb, waiting at the curb to begin a journey. This healing journey started with some of our changes to treatment opti ons.

This journey is, to- day, leading them back to full productive lives, an op- portunity to participate and to thrive in a better British Columbia. [1425] We've managed to help 650 people, like that bus driver this year, and we're committed to a course of action to reach more hepatitis C patients so that we can start them on the road to recovery. This is truly the spirit and the message of the caravan of hope. Mr. Speaker: That concludes members' statements. Oral Questions INVESTIGATION OF CHILD ABUSE COMPLAINTS AND DEATH OF KAYLA JOHN J.

Kwan: I n h i s r e p o r t i n t o t h e d e a t h o f M a t t h e w Vaudreuil, Justice Gove recommended that all reports of child abuse or neglect should be investigated regard- less of the credibility of the reporter and regardless of whether there have been previous investigations of similar incidences — recommendations that I should say the government, when in opposition, supported wholeheartedly. The tragic death of Kayla John in Zeballos has touched us all.

To date, officials at the Ministry of Children and Family Development have not said whether they undertook an investigation into com- plaints about potential abuse of Kayla John. All officials have said is that they take more stock in complaints from people who have direct contact with the fam ily than in anonymous complaints. Kayl a's stepfather called the Ministry of Children and Family Development 14 times in the last year to inform the ministry that Kayla was being abused. Can the Minister of Children and Family Development tell British Columbians what actions her ministry took to follow up on those warnings?

Hon. C. Clark: The death of Kayla John is a tragedy not just for that small community, but it's a tragedy that every single parent across British Columbia feels acutely. It's particularly true in a small community like Zeballos, where everybody knows everyone else and where there is a strong sense of parents supporting one another. So first I'd like to offer my condolences to Kayla's family and to her extended family and the community, which included, I think, everybody who knew her. It would have included her teachers. It would have included her neighbours.

It would have included everybody who had any contact with her. Second, I'd say this. Th e police investigation is still ongoing, and I wouldn't want to say anything that would jeopardize the investigation. I know that everybody who loved that li ttle girl wants to make sure justice is done in that situation, so I don't want to say anything that would in any way affect the inves- tigation. I can certainly say this, though, to the member. The ministry follows up all suggestions of abuse or where a child is at risk, no matter what source the complaint comes from.

Our social workers on the front lines do all they can to try and make sure we don't leave any stone unturned when there is an al legation that any child in British Columbia is put at risk. Mr. Speaker: The member for Vancouver–Mount Pleasant has a supplementary question. J. Kwan: One death is too many. In this instance, the death of Kayla John is one that I think the members of the community will remember and the families will remember, and we hope, certainly, that the govern- ment will take the right steps in addressing the issue.

Now, before the last election, the now Minister of Children and Family Development said she supported Judge Gove's call for a substantial increase in the num- ber of front-line workers in the ministry. The reality is that after the election, the minister and her predecessor presided over a dramatic cut — a reduction in the number of front-line worker s across the province. On the Island alone we know that at least 30 front-line workers have been reduced. In order to cut those positions, the government overhauled investigative procedures to ensure that fewer investigations were undertaken in the first place.

Can the Minister of Children and Family Development tell us if the Kayla John case received a full investiga- tion by the ministry official s, or was the matter put on the back burner because of budget reductions and staff- ing cuts? Hon. C. Clark: The member's suggestion is just wrong. Our ministry takes all of the concerns that are brought to it incredibly seriously. Social workers on the front line of this ministry don't ignore complaints that have come forward, and we continue to investigate the complaints that come forwar d to this ministry.

I think we talked about this extensively in estimates as well — that the way we go about judging whether or not an investigation is warranted hasn't changed. One of the things that ha s changed, though, in this ministry is that the number of children who are coming into care of the government has dropped. We are the

MONDAY, MAY 17, 2004 B RITISH COLUMBIA DEBATES 11143 only province in Canada that's managed to change the culture of social work so that social workers are using the range of the skills that are available to them and that they're trained for to ensure that we continue to support families where children are not at risk in those families. [1430] Rather than removing a c h i l d f r o m t h e h o m e a s a first resort, which was certainly the culture of this min- istry for many years — and I think social workers would often say it wasn't the best practice — we are changing the practice.

Provinces across the country and jurisdictions across the world are looking to what we've done to see how they can also contribute to try and better support families, to build family support, to make those places safe places for children. Mr. Speaker: Member for Vancouver–Mount Pleasant has a further question. J. Kwan: The stepfather reported to the ministry 14 times on the issue of alleged abuse. Is the minister say- ing that the stepfather was wrong?

Last year the former Minister of Children and Fam- ily Development developed "a workload reduction strategy." That strategy involved farming out reports of moderate abuse or reports of likelihood of physical harm or sexual abuse away from trained investigators, handing them to community agencies instead. The former minister assured British Columbians that the government's number one priority was still to investi- gate and protect abused children. The death of Kayla John raises serious questions about how the ministry handles investigations into reports of abuse and neglect.

This minister admitted during estimates that they don't investigate every case. Can the Minister of Children and Family Develop- ment assure British Columbians that she has ordered a full administrative review into Kayla John's tragic death to determine if Justice Gove's recommendations have been followed or ignored? Hon. C. Clark: I can assure the member that Justice Gove's recommendations have been, as she knows, fully embraced by the minist ry. We need to make sure that the lessons we learned from the tragic death of Matthew Vaudreuil are learned and honoured and always respected in our practice.

I can't tell the member if the ministry was involved with the family, because that would be a violation of their privacy rights. I can't tell her whether or not we were even able to respond to phone calls if they were made. But I can tell her, in general, this — that front- line social workers do respond to complaints where they're made and that we certainly make sure that where those complaints come from someone who has direct knowledge of the family, those complaints are acted on. Now, one of the things that this ministry has done…. Mr. Speaker: Thank you. Hon. C.

Clark: I'm sure I'll get another opportunity to answer. CHILD PROTECTION SERVICES IN ZEBALLOS J. MacPhail: The minister knows very well that the Gove recommendations are not in force now under her government. There are not resources to enforce the Gove recommendations. The community of Zeballos is in crisis. It's isolated and economically depressed. The social order is breaking down — they themselves say that — in a climate of deprivation, poverty and serious dysfunction.

If the ministry had investigated the stepfather's complaints — over a dozen of them from Kayla John's family — the government would have been well aware of the situation developing in Zeballos. It would have known about the all-night drinking par- ties involving adults and kids as young as 13. It would have known about the kids roaming the streets when they should have been in school. There are not front-line workers investigating circumstances in Ze- ballos. If the government had known about the condi- tions in Zeballos, it could have acted.

It could have put resources in place to support the community through some very wrenching transitions that it's been going through. Zeballos is not the only community going through this. Resources to support families without any…. Mr. Speaker: Hon. member, thank you. It's time for the question now, please. J. MacPhail: Can the Premier tell us what, if any, action his government is taking to focus more re- sources on protecting children in Zeballos now that we have all the details? What is his plan to help the whole community of children in Zeballos through this time of trial? Hon. C.

Clark: It's important to remember that it's not true that we have all th e details. There is a police investigation ongoing. As long as that investigation is ongoing, they will be gather ing information. It's just simply not true to say that we do have all the details and to speak about them as though the investigation is complete and all of the answers have been made pub- lic. To do anything else would be irresponsible. [1435] Our ministry has been working hard to engage communities in making decisions about how we pro- tect kids.

Part of the change in practice that we've worked through has meant that there has been 15 per- cent fewer kids coming into the care of the ministry. That's contrasted with only a 10 percent reduction in the number of social workers who are working out there. Using the workload management tool that the previous government implemented, we've actually

11144 B RITISH COLUMBIA DEBATES M ONDAY, MAY 17, 2004 seen a smaller workload burd en on indivi dual social workers, on average, across the province. What happened in Zeballos is a tragedy. We need to respect the privacy of the family. We need to honour the right of the RCMP to make sure that their investiga- tion can be done and concluded and that… Mr. Speaker: Thank you. Hon. C. Clark: …justice is done. J. MacPhail: My question was about the commu- nity of Zeballos. Everyone in the community is admit- ting to a community in deep trouble. Kayla John is a tragedy of that community .

My question was about Zeballos. At the end of the day, it's the government's job to protect kids from abuse and neglect. This isn't about children in care; it's about children in the community being harmed. It's exactly the opposite of what the minister is claiming credit for. Unfortunately, the Pre- mier has been far more consumed with budget-cutting, failed reorganization schemes and getting sweetheart deals for their friends than meeting their mandate. The B.C. Liberals promised more money for communities and kids, they promised administrative stability, and they promised to focus resources on clients.

Kayla John was in the community. In every case, they have not met their commitments. I ask the Premier again: given the social crisis in Zeballos, will he commit from this day forward to focus new resources on child and family protection in Zeballos? Or do the cuts to the Ministry of Children and Family Development mean that no one will have the tools to do the job? Hon. C. Clark: I'll offer a couple of factual correc- tions for the member. First of all, that child was not a child who was in the care of the ministry. Second… J. MacPhail: Exactly. Mr. Speaker: Order, please. Hon. C.

Clark: …the number of children who have come into care of the ministry has dropped by 15 per- cent. The number of social workers across the province, on average, has dropped by less than 10 percent con- currently. Third, I would say this. In Port Hardy, which is the area that services Zeballos, there have been no reduc- tions in the number of social workers in that commu- nity. I know that offering these facts for the member will not dilute her urge to make this a political issue, but those are the facts.

I think it 's important that while the community grieves and whil e the RCMP operation is ongoing, we make sure that we… Interjections. Mr. Speaker: Order, please, hon. members. Hon. C. Clark: …discuss this in light of the facts that are before us. Interjections. Mr. Speaker: Order, please. REPORT ON OFFSHORE OIL AND GAS INDUSTRY D. MacKay: My question is to the Minister of En- ergy and Mines. Having just returned from Fort Nelson and Fort St. John, I saw what the booming oil and gas sector was doing up there. It's creating jobs and attract- ing investment in the northeast part of the province.

The constituents that I represent in the northwest portion of the province would like to know what op- portunities await them on the offshore B.C. coast. However, Mr. Tom Gunton, the economic wizard for the previous NDP government whose policies literally destroyed the mining industry in the province of Brit- ish Columbia, claims that the offshore oil and gas de- velopment will produce only 200 direct jobs and $18 million for provincial revenues. To the minister: can Brit ish Columbians place any confidence in this report that the prospect of economic development from offshore oil and gas is a myth? Hon. R.

Neufeld: We should look at the pedigree of Mr. Gunton and his history in British Columbia. He's served since the seventies as the chairman for the party's economic development and financial planning. He put together a study on resources, regional devel- opment and provincial policies, which said that Crown-owned forestry and mining companies should compete directly with the private sector in order to wrest control away from private firms. He served as Glen Clark's adviser through two disastrous budgets.

He went on to Moe Sihota to totally put policies for- ward that destroyed the forest industry. [1440] Only a socialist by the name of Tom Gunton would come out with a report and say that $110 billion worth of economic value only creates 200 jobs and $18 million in provincial revenue. Only a socialist like Tom Gunton would say something like that. On top of that, I guess he is the adviser to Carole James because…. Actually, the oil and gas industry onshore provides to the government $2 billion a year right now in royalties to pay for health care and education. That is substantial. Interjections. Mr.

Speaker: Order, please. Order, please. [End of question period.] Orders of the Day Hon. G. Collins: I call Committee of the Whole House for consideration of Bill 49.

MONDAY, MAY 17, 2004 B RITISH COLUMBIA DEBATES 11145 Committee of the Whole House MINISTERIAL ACCOUNTABILITY BASES ACT, 2004-2005 The House in Committee of the Whole (Section

B) on Bill 49; J. Weisbeck in the chair. The committee met at 2:42 p.m. Sections 1 and 2 approved. Title approved. Hon. G. Collins: I move the committee rise and report the bill complete without amendment. Motion approved. The committee rose at 2:43 p.m. The House resumed; Mr. Speaker in the chair. Report and Third Reading of Bills Bill 49, Ministerial Accountability Bases Act, 2004- 2005, reported complete without amendment, read a third time and passed. Hon. G. Collins: I call Committee of the Whole for consideration of Bill 53. Committee of the Whole House INTERNATIONAL FINANCIAL ACTIVITY ACT The House in Committee of the Whole (Section

B) on Bill 53; J. Weisbeck in the chair. The committee met at 2:44 p.m. Sections 1 to 75 inclusive approved. Title approved. Hon. G. Collins: Mr. Chairman, I move the com- mittee rise and report the bill complete without amendment. Motion approved. The committee rose at 2:45 p.m. The House resumed; Mr. Speaker in the chair. Report and Third Reading of Bills Bill 53, International Financial Activity Act, re- ported complete without amendment, read a third time and passed. Hon. G. Collins: I call second reading of Bill 39. Second Reading of Bills FINANCIAL INSTITUTIONS STATUTES AMENDMENT ACT, 2004 Hon. G.

Collins: I move that the bill be now read a second time. The Financial Institutions Statutes Amendment Act, 2004, amends the Financial Institutions Act and the Credit Union Incorporation Act. The amendments im- prove the efficiency and effe ctiveness of the regulation of the financial services sector to enhance and maintain public confidence in the sector as well as to reduce the overall regulatory burden.

Under the amendments to the Financial Institu- tions Act, the regulation of extraprovincial corpora- tions will be reformed to simplify and streamline the process for being authorized to do business in British Columbia. Duplication and overlap among regulators in various jurisdictions are reduced, and greater reli- ance is placed on the prim ary jurisdiction, especially for federally regulated institutions. Despite this reli- ance, the British Columbia regulator will continue to have access to the informat ion it needs and the regu- latory tools to intervene as and if required.

Reducing regulatory overlap and dupl ication will enable the British Columbia regulator to focus on areas where the risk is greatest. The approach to the regulation of the business and operations of provincially incorporated credit unions, trust companies and insurers is also amended to re- duce unnecessarily prescriptive rules and limitations on operations. The bill enables the expansion of the business powers of these provincial financial institu- tions to be consistent with other Canadian jurisdictions. This maintains competitive equity.

As a reflection of current market reality, the Finan- cial Institutions Act will no longer provide for the in- corporation and authorization in British Columbia of provincial deposit-taking tr ust companies. Only those provincial trust companies that do business exclusively will continue to be provided for under the act. The amendments also adjust th e regulatory approach to financial institutions capital and liquidity and the rules respecting self-dealing.

Th e amendments to the self- dealing rules will streamline and simplify the internal approval process that a financial institution must un- dertake while continuing to provide adequate safe- guards that prohibit harmful self-dealing. The amendments will enable the market conduct rules applying to those selling products and services in the financial services sector to be modernized and up- dated. The goal is to ensure continued consumer confi- dence while enhancing competition by eliminating provisions that restrain tr ade without benefiting the consumer.

Examples include streamlining the restric- tion on rebating, focusing th e regulation of tied selling on coercive practices, improving the disclosure re- quirements and repealing the confidentiality provision

11146 B RITISH COLUMBIA DEBATES M ONDAY, MAY 17, 2004 to eliminate overlap with the new private sector pri- vacy legislation. The roles and responsibilities of the Financial In- stitutions Commission and the superintendent are clarified. The commission will now clearly be the primary regulatory authority for the financial services sector in the province. The commission will assume responsibility for regulatory decisions currently made by the minister and most of the regulatory decisions currently made by the superi ntendent.

This will make the decision-making process simpler while maintain- ing a high level of regulatory due diligence and ac- countability. The responsibilities of th e Insurance Council for the licensing and regulation of insurance agents, salesper- sons and adjusters are also updated. The council will have the authority to establis h its own rules, subject to the approval of the minister, for the licensing and regu- lation of agents, salespersons and adjusters. The bill also updates the regulatory powers avail- able to the commission, the superintendent and the Insurance Council.

Consiste nt with other regulatory regimes, the commission, superintendent and council are provided with the authority to order the payment of costs for an investigation or hearing and impose administrative penalties subject, of course, to due process. The amendments to the Credit Union Incorpora- tion Act included in this bill expand the capacity of credit unions to operate outside of British Columbia. The changes also give British Columbia credit unions the capacity to transfer out of the province and give extraprovincial credit unions the capacity to transfer into British Columbia.

These changes put credit un- ions on an equal footing wi th other fina ncial institu- tions. [1450] In reviewing the regulato ry framework for the fi- nancial services sector, we consulted extensively with a wide range of parties over a two-year period, including the financial services industry, financial services inter- mediaries and the general public. The amendments in this bill reflect the input pr ovided during those consul- tations. The amendments made to the financial services sector legislation in this bill create a framework for smarter regulation of this sector. I move second read- ing. Motion approved.

Hon. G. Collins: I move the bill be referred to a Committee of the Whole House for consideration at the next sitting of the House after today. Bill 39, Financial Institutions Statutes Amendment Act, 2004, read a second time and referred to a Com- mittee of the Whole House for consideration at the next sitting of the House after today. Hon. G. Collins: I call second reading of Bill 55. TEACHING PROFESSION AMENDMENT ACT, 2004 Hon. T. Christensen: I move that Bill 55 be read for a second time now. This act introduces a number of changes to the Teaching Profession Act to further clarify the role of the B.C.

College of Teachers and to put into place changes agreed to by cabinet over the past year. In this case it is a bit instructive to look back at the history of the College of Teachers to give us some perspective as to where we've come from, wh ere we are today and, in fact, where we are going. The College of Teachers was established back in 1987 pursuant to the Teaching Profession Act.

Unlike many professional self-gov erning bodies where the profession comes to government with a proposal to become a self-governing profession, asking for legisla- tion to establish the self-g overning profession, the Col- lege of Teachers was brought into place amongst a good deal of disagreement wi thin the profession as to whether, in fact, they wanted to have a college of teachers and be a self-governing profession. Some might say in hindsight that that actually created a great deal of difficulty for the college right off the bat.

At that time the BCTF, the teachers union, in particular was opposed to the establishment of the college. As I said, there was a great deal of discussion at that time about the college. Over time that seemed to have changed. Certainly, in more recent years the BCTF has been very involved with the college, to the point of endorsing candidates and funding election campaigns for candidates for elec- tion to the council. That, in and of itself, has caused some difficulties as well.

If we look back at the Teaching Profession Act — and one of the elements of the act that has never changed and an element that is similar to other profes- sional self-governing bodies — we need to look at the object of the act to begin with.

The object is "to estab- lish, having regard to the pu blic interest, standards for the education, professional responsibility and compe- tence of its members…and applicants for member- ship…." The School Act provides that all teachers, princi- pals, vice-principals, directors of instruction, superin- tendents of schools or assistant superintendents of schools who are employed by school boards must be members of the College of Teachers.

The membership and the group that is governed by the college certainly extend much beyond teache rs to include a good num- ber of educators that are working both in our public school system and, in many cases, in our independent schools. Until last year the college was governed by a coun- cil composed of 15 persons elected by members and five persons appointed by government. One of those five was nominated by the deans of the faculties of education in the province . About a year ago amend- ments were made to the Teaching Profession Act to change the composition of the council to eight elected

MONDAY, MAY 17, 2004 B RITISH COLUMBIA DEBATES 11147 members and 12 appointed council members. One of those 12 would still be nominated by the deans of the faculties of education.

Those amendments came about in response to a good number of concerns that had been expressed about the College of Teachers as to whether or not it was truly acting first and foremost in the public inter- est, and about the independence of the College of Teachers in respect of the British Columbia Teachers Federation — the teachers union, in particular — and whether or not the union was exercising too much in- fluence in respect of the college council.

We must re- member, first and foremost, in respect of any self- governing body that it is the public interest which that self-governing body is there to protect and serve in its governance of the particular profession. [1455] One of the things that st ood out in terms of the Col- lege of Teachers in comparison to many other profes- sions is that notwithstanding that in

section 4 of the act, one of the objects of the college was to establish stan- dards of conduct for the profession, in the 16 years that the College of Teachers had existed up until last year, it had never developed standards of conduct. It was a glaring omission in terms of the question of whether the college was serving the public interest. It was necessary to take a look at the College of Teachers and the Teaching Profession Act a year ago and see what could be done to try and ensure that this self-governing body was living up to its intent as re- quired by the Teaching Profe ssion Act.

That was up to a year ago. Since that time we've heard from teachers. We've heard from principals, vice-principals, superin- tendents, trustees and a good number of members of the public, and we've heard from parents in terms of the importance of the College of Teachers and the im- portance of it moving forward in a manner that does, in fact, serve the public interest. You may have seen in the media over the weekend, Mr. Speaker, that the B.C. Confederation of Parent Ad- visory Councils was holding its annual general meet- ing over the weekend in Richmond.

They passed a number of resolutions in respect of the College of Teachers, many of which emphasize a number of the points I've made. They certainly are looking to have a College of Teachers that will allow parents to take complaints about educators directly to the college and require teachers to report serious misconduct by peers. Those are goals that the publ ic should expect from the College of Teachers and any self-governing profession in the province. They also passed resolutions demonstrating sup- port for the establishment of standards for education, competence and conduct for B.C. educators.

Again, those are things we all should and, I think, all do take for granted that a self-gov erning professional body would be doing. In particular, they voted in support of an independent college free from the influence of any one voice in the education community to ensure that students, parents and the public interest are protected. Again, those are elements we would all assume should be in place in terms of an y professional body in the province. We have listened to parents.

We have listened to other education stakeholders, and we have listened to the voices of teachers over the last year who have said very clearly to government that they wish to be consid- ered a profession. They wish , like other self-governing professions, to have a majority of the council of the college elected, and we are responding to what we have heard in now moving forward. This legislation will ensure that the college's gov- e r n i n g c o u n c i l i s m a d e u p o f a m a j o r i t y o f e l e c t e d teachers and that it continues to protect the public in- terest.

In fact, combined with 12 elected members, there will be an additional three members that must be ap- pointed from among members of the college, so three- quarters of the college's governing council will be made up of members of the college. This does deliver on government's commitment to provide an independ- ent college governing council and a council that is fair, is balanced and serves the professionalism of B.C. edu- cators.

The intention, certainly, is to consult — and the legislation requires that the minister consult — with principals, with superinten dents and with parents in looking at who should be the appointed members to the college council. In doing that, certainly we will be listening very carefully to the suggested voices. We will be ensuring, as the legislation requires, that once the full council is in place, 15 members of the council are members of the college who are governed by the council, ensuring that there is a voice of experience at the council. [1500] In addition, and this is critically important….

There will be, in addition to one of the deans of the faculties of education, an additional four appointed members who will be laypersons — as with other professional colleges or professional self-governing bodies — who do bring an element of interest, of the public interest and perhaps a different viewpoint to discussions at the council to ensure that those that are immersed in the profession also get that ou tside voice in terms of the deliberations they are having. With Bill 55, membership and certification in the college are being merged into one concept called a cer- tificate holder.

This meets the spirit of a request from the college that all certified persons are also required to be members. As I indicated earlier, in order to be em- ployed by a school board as a teacher, vice-principal or principal, a person must hold the teaching certificate. Annual fees must be paid to maintain certification, and all persons who have the benefits of certification are now required to contribute to the operations of the college.

That amendment merging certification and mem- bership also does close somewhat of what has been a bit of a loophole in the legi slation by ensuring that the college will now be in a position to ensure that appli- cants for certification are, in fact, fit to be a teacher. Previously, the issue of fi tness and an assessment of

11148 B RITISH COLUMBIA DEBATES M ONDAY, MAY 17, 2004 fitness to be a member of the teaching profession only applied to applicants for membership. In fact, a person could apply for and obtain a certificate of qualification based on meeting just very sp ecific criteria rather than on an overall assessment of fitness, which is a typical consideration in most professions. The bill makes a further amendment to the re- quirement for a member of the college to report on another member who they believe is guilty of profes- sional misconduct.

This amendment certainly was nec- essary to provide some direction around the duty to report, and it is something we heard from all our edu- cation partners on. I believe we do have a provision now that is a workable provision that will certainly provide clear direction to members of the profession but also provide a clear standard and clear protection in respect of students and the public interest.

The amendment clarifies that th e duty to report profes- sional misconduct will arise in situations where it is believed there is professional misconduct that involves physical harm to a student, sexual abuse or sexual ex- ploitation of a student or significant emotional harm to a student — all of which we would expect a report to be made to the college. These amendments certainly ensure that the college continues to protect the public interest. To ensure the independence of the college council, all members of the council will now be required to make a declaration or to swear an oath of office.

This oath will underscore the individual's role as a council member while stressing the importance of the college's independence. All council members will be required to take the oath prior to sitting on the college's council. The oath of office will ensure that all members of the council elected and appointed put the public interest first above all other interests in compliance with the spirit of the Teaching Profession Act and, I should add, with the spirit of any self-g overning profession that is there first and foremost to serve the public interest.

There are a number of other relatively minor amendments that will allow the college council to op- erate and serve the profession and the public interest better. We've added authority to permit the statutory committee called the qualifications committee to make decisions concerning qualifications for admission and certification. Currently, the committee must make rec- ommendations for decision to the college council, so this power may now be delegated to the committee by bylaw of the council. Again, it is an enabling provision that may allow the college council to operate more effi- ciently.

This will certainly provide consistency and clear authority for levels of council delegation to com- mittees and subcommittees and will reduce the time needed for processing certification. This process is con- sistent with the principles of administrative law, and similar changes were made for the other statutory committees — the discipline and the teacher education committees — in 2003. [1505] In order to provide clarity in legislation to indicate a subcommittee can be drawn from the membership at large, authority has been added to include non-council members in statutory committees of the college.

This provides an opportunity for the college council to reach beyond its members into the broader members of the profession to provide a greater degree of input on the college's work and to provide some experience for other members of the profession to see how the college works. I'm told this is very much consistent with the practice in other professions and certainly does add to a broader ability for the college to meet its mandate. A further minor amendment is to increase the term of office for members of the council to three years from the current two.

Again, in discussing the college and getting input from members of the college, this amendment will provide for greater consistency and continuity of policy and decision-making in the college. It is a more appropriate length of time, given the com- plexity of tasks and issues and the length of time it takes council members to become familiar with their duties. As well, it's expected this will provide some cost savings to the college.

You will note, as well, that we've allowed for the election of the members of the college to be staggered to ensure that in electing 12 members of the college, all 12 won't be replaced at the same time. Once this initial college is elected in the coming weeks, then further elections will be staggered so that four of 12 zones are elected in each year, providing for some rollover each year and an opportunity for the council to be evolving at all times.

A further amendment is that one of the statutory committees of the college called the teacher education programs committee will be amended to simply change the title of the committee to the teacher educa- tion committee, as that more accurately reflects the work of that committee. There has been a great deal of anticipation about this legislation and government following through on its commitment to amend the makeup of the council so that a majority is democrat ically elected.

Government is doing its part with this bill to enable the teaching profession to pursue what I believe to be the goal of the vast majority of professional teachers in this province, and that is to be an effective self-governing profession that protects the professionalism of teachers and other educators and serves the public interest in a consistent, fair and balanced manner. Whether or not this legislation allows the college to realize that goal remains to be seen. Government has acted to ensure that a majority is democratically elected.

In order for any professional self-governing body to be effective, it needs two things, in my view. It must be respected by the profession that it governs, and it must be respected by the public. If those two elements exist, then a professional college will be able to do its job well, serving the public interest and regu- lating the profession in a progressive manner. In order for that to happen, the education commu- nity needs to want to have a professional college, and I believe that the vast majority of teachers in our prov- ince do want that. In order for that to function, those

MONDAY, MAY 17, 2004 B RITISH COLUMBIA DEBATES 11149 professional members need to support the college by the payment of dues, just as any other profession does. This legislation enables an effective self-governing professional body to be created, and I'm looking for- ward to working with teachers around the province to ensure that, in fact, that is what we get with Bill 55 and the College of Teachers. I move that the bill now be read a second time. R. Masi: I seek leave to make an introduction. Leave granted. [1510] Introductions by Members R.

Masi: It's my pleasure today to introduce a number of students — I think close to 100 — in the precinct from Hellings Elementary School in Delta North, accompanied by their teachers, Mr. Hirose and Ms. Locke. I've met them outside on the grounds, and it's a fine body of students representing Delta North here. Would the House please make them welcome. Debate Continued J. Kwan: Let me first put on the record that the op- position supports Bill 55, the Teaching Profession Amendment Act, 2004. I also have to start by saying and asking, quite frankly, the question of why we're here debating Bill 55.

The answer is regrettably simple. We're here today because the Liberals are a government of conflict and confrontation. One year ago, almost to the exact date, we were here debating Bill 51, the Teaching Profession Amendment Act, 2003. One ye ar ago the Deputy Pre- mier, who was the Education minister at the time, forced the opposition, in the dying days of the session, to debate a bill that stripped teachers of their right to be a self-governing profession. One year ago the Liberals decided to draw a battle line with teachers, putting children and parents in the middle.

One year ago the Liberals decided that the professionals who educate their children and our children were not worthy of a self-governing body. They w e r e o k a y w i t h u s e d c a r dealers governing their own, but not teachers. The government was wrong then. They were way wrong. The battle, of cour se, was led by the Premier and the Deputy Premier. They were arrogant in their approach. They chose a path of conflict and division. They created an atmosphere of mistrust and stress in our education system, all for a mean-spirited attack on a group of people they see as a special interest group. That is shameful.

For the most part, you have to ask the question: why did the government do this? The answer is simple. The government did it because their approach of con- frontation is the only appr oach they know of, and for some bizarre reason it has taken them an entire year to admit their wrongdoing and to fix it. But here we are finally, one year later, with Bill 55. It gives back to teachers one of the many things the Liberals have stripped from them with the heavy hand of legislation — their right to be a self-governing pro- fession like doctors, nurses, realtors and used car deal- ers.

The minister says that the teaching profession, after much consultation, is now given back their self- governing authority. You know what, Mr. Speaker? Before the government took away their self-governing authority, they had been saying to the government that that approach was the wron g approach and that they deserved to be self-governing like any other profession in the province, and the government then, a year ago, refused to listen. Let me say congratulations to the new minister for solving this problem, but it should never have occurred in the first place.

The gove rnment created this mess with its arrogance and an uncaring approach to gov- erning. I should remind th e minister and this House that he voted in favour of the last bill, Bill 51. He voted i n f a v o u r o f i t a t s e c o n d r e a d i n g , a n d h e v o t e d i n f a - vour of it during committee. The conflict, the confusion and the stress on the education system since Bill 51 was introduced and created by this government…. They only have themselves to blame. It is time this government and this minister get their act together and get their story straight.

The min- ister's press release claims he is being fair and balanced with Bill 55. Well, this legislation is only a part of a bigger story which is anything but fair and balanced. Just a few short weeks ago we were debating Bill 19 in this very House, the Education Services Collective Agreement Amendment Act, 2004. There was nothing in Bill 19 that was fair and balanced, nothing at all — just more conflict, more co nfrontation and more arro- gance. [1515] Bill 19 erased a decision of the B.C. Supreme Court. Bill 19 said that the govern ment did not agree with the B.C.

Supreme Court, and instead of going through an appeal process like all British Columbians do when they disagree with a ruling, the Labour minister, the Minister of Education and this government decided they would just legislate the ruling irrelevant. How fair is that? How balanced is that? Bill 19 removed from teachers' collective agree- ments critical negotiated protections for students and teachers related to class size, services for special needs students, and specialty services from counsellors, li- brarians and ESL teachers.

These contractual guaran- tees were put in place to protect learning conditions for children. One of the guarantees wi ped out by the Liberals from the Qu alicu m was: "Where safety is a factor, the number of students in the laboratory, shop or other specialized class shall not exceed the number for which the facility is designed." For some reason, the Liberals thought that was just too much. Just imagine for a moment teachers trying to ensure the safety of students, and this government thinks that is wrong. Teachers work hard at the bargaining table to

11150 B RITISH COLUMBIA DEBATES M ONDAY, MAY 17, 2004 ensure services for students are available and ade- quate. However, this government decided to make it illegal for teachers to include the provisions that pro- tect the education and safety of our students in the bargaining process. This minister claims to be fair and balanced. First they rip up contracts, take control of the College of Teachers, and erase contractual guarantees to ensure safety and heal thy learning environments. What will the Liberals do next, Mr. Speaker? Well, we have already seen it.

Last week the minister was out in force with all of the backbenchers, vilifying th e teachers for the things they might say in parent-teacher conferences. Liberal MLAs were all over the media complaining that teach- ers should not discuss politics at parent-teacher meet- ings. These MLAs didn't even do their homework. All teachers want to do is ha nd out cards to concerned parents that explain why their children are in danger in classes. Teachers are not expressing political view- points; they're handing out factual information on class sizes. It is this government that has allowed class sizes to expand.

That is a fact, not a political viewpoint. Any Liberal MLA who cries foul at this is out of touch. Class sizes are fundamentally linked to learning outcomes and student achiev ement. If Liberal MLAs are so worried about what teachers are saying about class sizes, maybe they should do something construc- tive about it and get the government to adequately fund our education system instead of spending mil- lions of dollars on partisan advertising. Over the last three years we have seen nothing but hostility from this government towards working peo- ple.

Whether they are nurses, health care support workers or teaching assistants, this government chooses to fight them every ch ance they get. They have not been shy about bashing teachers around either. These are the people who are front-line educators. They are the people we entrust our children with every day, the people who guide our children through math problems, teach our children the history of this coun- try, coach their soccer teams, sponsor their clubs, con- sole them after they've been bullied or provide them with a caring ear.

They're hard-working, undervalued, pivotal mentors to the youth of this province. What does this government do? It wages a battle against them and their democratically elected organiza- tions. They're labelled a spec ial interest group, and the government refuses to work with them in a construc- tive and collaborative manner. It is only after intense public pressure that this government finally acts. It took one full year for the government to swallow its overly inflated sense of pride, one whole year to finally do the right thing. How is that fair? There are many challenges in our education system.

There are many areas we need to work together on to improve the outcomes. Howe ver, the Liberal govern- ment has steadily exacerba ted these challenges. Since coming to power, they ensu red that education funding was frozen for over two years while they gave their rich friends a massive tax cut. They called this protec- tion. [1520] Instead of protecting the system, the government froze education funding and imposed a wage settle- ment on school districts. Then they refused to fund it; they refused to pay for it. The government refuses to pay for rising energy costs that are being imposed by B.C. Hydro.

The government increased gas taxes and refused to help school districts pay for these increases in transportation costs fo r students. The government refuses to assist districts to cover MSP premium costs that this government had increased. The result has been cuts to services, cuts to staff and cuts to resources. We have seen over 100 schools closed and many valuable programs cut across the p r o v i n c e . N o t o n l y i s t h i s g o v e r n m e n t f a i l i n g t o a c - cept responsibility for the loss of services in our communities, but they have created a system full of tension.

Last year I warned the government about the impacts of Bill 51. They refused to listen. I said it would only make the tension in the system worse, and they did it anyway. With their large majority, they voted for the bill. It is time for the government to back off from the battle with teachers and the editorial war and do what is best for students — work with the teachers, not against them. It is time for a new vision of education in British Columbia, one that goes beyond the Minister of Education's rhetoric and removes the children from the front lines. This bill is a step, but much more is needed.

There are many things that we can do. We can lis- ten to the voices in our communities instead of shutting them out. School boards can continue to speak on be- half of their communities an d ensure that the Minister of Education is listening. Students and parents should be granted the same ability. We must also listen to the teachers, the professionals that work day in and day out to ensure that our ch ildren receive an education — the best they could offer. One of the lessons we must learn comes from Dr. Rozanski's assessment report of Ontario's education system. On December 10, 2002, Dr.

Rozanski's educa- tion task force released a lengthy report entitled Invest- ing in Public Education: Advancing the Goal of Continuous Improvement in Student Learning and Achievement . The opposition has spoken about this report before, but we have yet to see the government take it to heart. Overall, the report contained 33 recommendations that in the words of Dr. Rozanski were "aimed at improving eq- uity, fairness, certainty and stability in the funding of Ontario's students and staff." At the heart of these recommendations was ade- quate flexible funding. Dr.

Rozanski insisted that fund- ing needs to reflect real current costs. In Ontario there was a funding freeze set at 1997 levels. As a result, offi- cials were forced to make significant cuts to the educa- tion system. Rozanski then recommended that Ontario spend $1.08 billion just to reverse the damage done by the funding freeze. Rozanski's message is clear. Forcing cuts will lead to long-term difficulties and the potential deterioration of the system — something we cannot afford.

MONDAY, MAY 17, 2004 B RITISH COLUMBIA DEBATES 11151 We need to listen to Dr. Rozanski and his recom- mendations here in British Columbia in order to avoid the consequences seen in Ontario. We cannot impose salary increases on school boards without funding them. The costs down the road would be too high. We cannot download MSP increases to school boards without properly funding th em, or we'll see the im- pacts in the classroom.

We cannot expect school boards to pay for increasing energy costs and gas prices in the face of declining enrolment without giving them real tools to ensure fair and equitable access for all stu- dents. We cannot cut services to classrooms without putting more strain on the professionals who work in those very schools. Teachers need the support of society and govern- ment to maintain the quality of education we cherish so deeply. We cannot afford this battle that the Liberals, this Minister of Education, have put in place and are determined to fight. We cannot afford to make the same mistakes that Ontario made.

Instead, we need to support teachers, educators, parents, school boards and students. [1525] Dr. Rozanski also argues th at we need to create an atmosphere of reciprocal accountability. If the govern- ment wants to impose standards on schools and teach- ers and if government wants to hold school boards accountable, government itself must be held account- able for providing schools with adequate resources to ensure that targets and accountability measures can be met. Government must be accountable to work with all of the people involved and not against them. So far it's not happening in British Columbia.

The opposition, however, will continue its efforts to ensure that the voice of accountability is heard. Bill 55 recognizes that the Liberals were way out of line last year, but this legislation is only a small step towards reciprocal accountability. The government and this minister must abandon their relentless attacks on teachers and those advocating for improved services. If the government refuses to be accountable, the tension in the system will remain, to the benefit of no one. It is time for the battle lines to be taken down.

The govern- ment needs to ensure that children's interests are put first and foremost before their political interests. M. Hunter: I rise to speak to Bill 55. In doing so, I want to say right off the top that there's nobody in this House to whom I would take second place in terms of the respect that I have for the dedication and profes- sionalism of the vast majority of teachers in this prov- ince. I think it's a tough job. It's one I certainly wouldn't want to do, but I have a lot of respect for those people.

Secondly, we've just been treated to a very interest- ing view of the education scene by the member of the opposition. I think I should reject right now any of those allegations the member made that put in the court of government all the responsibility for whatever confrontation and tension mi ght exist in the schools of British Columbia. She failed to mention that most school districts are actually getting on with the job of managing the rather significant financial resources that British Columbia allots to them.

She failed to mention that school dis- tricts plan now on a three-year basis, so they can actu- ally plan financially for the local parents and schools. She failed to mention the announcement of the Minis- ter of Education just last week that we are putting $10 million more into a program called Community LINK, which provides more money to school districts to do those kind of things that school boards believe need to be done in their communities for children who are per- haps less advantaged than some.

Ten million dollars into that program brings it up to about $45 million eq- uitably distributed across the province, based on sci- ence. It's something the opposition doesn't mention, but I will. I think that we both, however, have an interest in m a k i n g s u r e t h a t t h e t e a c h e r s c o l l e g e i s a n e f f e c t i v e self-governing body. A year ago — the member of the opposition is right — we stood here and debated Bill 5 1 . I h a v e t o t e l l y o u , i n t h a t d e b a t e I w a s c o n v i n c e d that the new balance put into the teachers college was one with which I was comfortable.

I was comfortable because it is very clear to me that the organization that has fought the changes, the B.C. Teachers Federation, always expresses its private interests. I'm not so sure that it always expresses what I take to be the public interest. The public interest in education includes me. It includes you, Mr. Speaker. It includes parents. It in- cludes volunteers. It includes grandparents. It includes the community. It is not just the domain of teachers who happen to be members of their union, the B.C. Teachers Federation.

While I have enormous respect for teachers, I know that many teachers are very concerned about the operations of their own union. It does not always allow them the freedom of expression that an organi- zation, in my view, should. So I am very concerned, actually, about the introduction of Bill 51. I think that a year ago, I was convinced, as I say, of the need for some changes. [1530] I acknowledge to the minister that this bill does make significant improvements in some aspects of the operation of the college.

He mentioned in his remarks that it improves the duty to report professional mis- conduct in certain circumstances. It requires members to swear an oath, and I hope that will improve the con- duct and the operations of the teachers college. [H. Long in the chair.] I have to say that I am disturbed by what I hear from the B.C. Teachers Fede ration. Politics in the class- room, as a result of an ar bitral award last week, is something that unfortunately we have to look forward to. I am concerned that in the dispute with govern- ment, the B.C.

Teachers Federation has chosen not to repay to this point over $2 million in college dues that it is holding on behalf of its members — money that the taxpayers of British Columbia advanced to the college in light of that dispute.

11152 B RITISH COLUMBIA DEBATES M ONDAY, MAY 17, 2004 I believe that the independent college that parents want, which they made clear as recently as this past weekend at a DPAC conference, and that I want is well achieved under the provisions of the former Bill 51. For that reason, I will not be supporting this bill. R. Masi: I would like to make a few comments on Bill 55, the teachers college act. I certainly want to commend the minister for the restructuring of the Col- lege of Teachers.

This new arrangement, this new or- ganization, of 12 college members elected, three college members from the B.C. principals and vice-principals, the superintendents and the independent teachers…. I think it makes sure that it gives the members of the College of Teachers a definite majority. This also, of course, has the one appoin tment from the deans of education and four appointed by the minister from a range of the general public. This is a fair and balanced representation of K-to-12 education in British Columbia.

I think we've gone through some controversy relative to the organization and the structure of the coll ege, but I know that the minister, after due consideration, has come up with a formula now that is in fact fair and balanced. The objectives of the college are also clearly stated in the legislation. I know that any professional teacher should and would support th e objectives, such as the establishment of standards for education — I think that's self-evident — and also to acknowledge and support professional responsibility and competence, which again is self-explanatory.

A major objective is to encourage the professional interests of memb ers, such as professional development, which in my view has deteriorated some- what over the last few year s. I think the College of Teachers is the essential location for the improvement of professional development in this province. As I mentioned, the minister has heard the voices of teachers throughout the province. He has provided an opportunity for professional teachers to in fact estab- lish a new professionalism in British Columbia. I think that's the essence of this legislation.

This is an opportu- nity for professional teachers to throw off the binds of the Teachers Federation and strike out and form a new professionalism and a new a ttitude towards their pro- fession in the province. The ball now — there's no question — is in the classroom teachers' court. In my opinion, it's not appropriate for the BCTF, the teachers union, to attempt to manipulate, as they have in the past, the elections for th e college council. We don't see this anywhere else. We don't see it with the College of Physicians and Surgeons. We don't see it with the professional nurses.

They have their unions and other organizations that are the same, but the union does not attempt to interfere or interject their philosophy into the elections of their professional colleges. I think that's a critical point, and I would like to see the British Colum- bia Teachers Federation adopt a new attitude towards their involvement in the College of Teachers. [1535] As I mentioned, it's only the BCTF union leaders that feel they must control the college, and it is really not the mandate of the union to control the profes- sional college when all the members of the college are not members of the B.C.

Teachers Federation. Some- how that point has just slipped by. Principals and vice- principals are not members of the BCTF. The inde- pendent teachers — by the way, independent teachers in British Columbia are 10 percent of the teaching force — and also superintendents…. These are all accredited, certified teachers who are members of the College of Teachers and who, in the past, have really not had an effective voice in the College of Teachers because the union has manipulated the election process. It is the role of the unions generally to collectively advance the interest of their own members, and we know that.

That is the role of a union. They look at wages, salaries, benefits. That is the essential position of a union, and so it should be. The unions do not nec- essarily represent all the interests of the public or all the participants in education, such as students, parents and taxpayers in general. Education is broad; it's wide- spread. The BCTF cannot be th e only voice in terms of professionalism in this province. This legislation presents an opportunity for the professional teachers to take control of their profes- sional activities without political overtones, without interference from the B.C.

Federation of Labour, the BCGEU, CUPE or any other ex ternal body. I think this is a critical point; it's an essential point. I see the changes in this new act as an opportunity for all the participants, for all voices in education, to join in to establish a true professional body dedicated to the highest standards of professional competence and re- sponsibility. B. Lekstrom: I rise today to speak on Bill 55. Listen- ing to what others in the chamber have said is quite interesting. The issue we're dealing with is really about the College of Teachers.

One of the focuses going back one year, as was pointed out, was the number of elected teachers to the college — a very serious issue and a significant one that the British Columbia Teach- ers Federation took issue with . Upon taking issue, they withheld dues that were payable and as a result of that, I guess, managed to bring the idea forward that the number of teachers to be elected to this board had to be increased compared to what was in Bill 51 of last year. Through many discussions, I'm sure, with the minis- ter and people within the B.C. Teachers Federation, a new bill is before us.

Bill 55 is one that I think accommo- dates their requests to a degree and matches a balance to find out what has to take place to make this work. I do have some concerns, and they're somewhat unique. Bill 55, when you read it in context, is a decent document. It's a reasonable bill when you look at it and you go through what's there. To me, the reason it is before us isn't acceptable. The B.C. Teachers Federation has withheld over $2 million, which is really taxpayers' money. It's $2 million that this province and this gov- ernment took and paid on behalf of the teachers who did not submit their dues.

That causes me grave con- cern.

MONDAY, MAY 17, 2004 B RITISH COLUMBIA DEBATES 11153 [1540] We talk about dropping the battle lines and taking the battle lines down. I think a lot of work has to be done yet. Just recently I have heard a couple of people talk on the arbitrator's deci sion to allow what I would describe as putting political rhetoric in the hands of teachers in the schools. I don't think they want that. I think we should do a better job as British Columbians of teaching our children what the political system is all about — not that this government is bad or this gov- ernment is good and, you know, this or that.

It's about the system. So many of our kids coming out of school today don't realize the system we live in, in British Columbia and Canada, or how our democ- racy was gained and was fought for. People died for our right to cast a vote. We have to do a much better job of that, and I think it's fair to say, whether you are a teacher or you are a resident of British Columbia, that it makes some sense — but not to preach politics of one party over another in the cl assroom or to parents com- ing to visit in a teacher interview. That arbitrator's de- cision is nothing short of a disgrace in my eyes.

I want to go back to Bill 55 and what it holds in this document. I believe what it holds is an understanding that the government listened to the concerns brought forward by the teachers — not without a great deal of deliberations, I think, on both sides. But having said that, I have seen no willingness from the other side to put the money back that they've withheld — money they've taken out of the clas srooms of the students that they're there to teach. That 's $2 million less that the government has to invest. That investment is in our classrooms. It's in our schools. They're somewhat hypocrit ical in my view.

They're fighting on behalf of a better education system. They want our children to learn in a great environment, and I have the utmost respect for that. But at the same time they've kept $2 million in their pocket and told every other British Columbian: "You have to pay that on our behalf because we're mad at the government. They passed the bill that we didn't like, and we're not going to pay that money back." That's unreasonable. It just is not in the best interest of th e children. I don't think it is in the best interest of our province.

If that is how battle lines are supposed to come down, they're living in a different world than I am, because that just doesn't work for me. Do we want to remove the children from the front lines? Definitely. I will go back to what I said about the arbitrator's decision. If we remove our children from the front lines of this politic al issue that we're in, the way to do it is not by utilizing the arbitrator's decision to allow this to take place.

I would love to hear a commitment from the BCTF upon listening to the debate in this Legislature — and I'm sure they're listening — to come forward and do what's respectful and what's right and forward the money they've kept from taxpayers of British Colum- bia, just as this House is li ving up to its agreement to change Bill 51 by presenting Bill 55 here today to give the majority of the college elected teachers. That's what it's all about. It's politics in every sense of the word.

It just is not right that we are now committed as a gov- ernment to make the changes in a bill and do not have a reciprocal agreement that the other side should live up to. The college dues and what takes place as a self- governing profession within that college. As was indi- cated by other colleagues here, I think most people have the utmost respect for teachers. It's not a job I would like, because it is a job that you want to love to do or have to love to do, to go into that classroom and deal with all the issues you face day after day. I'm not that old, but some of the stories my children bring home….

It's quite amazing what goes on in our class- rooms today. For a teacher to be able to deal with that and educate the students at the same time, they're ob- viously very special. But from my view, it seems like there is a select group cont rolling the BCTF that seems to be forcing the hand of some of the decisions made. We've lived up to our agreement. We've changed the makeup of the college so that teachers have the majority and can elect 12…. Alth ough the bill is fine, it is a bill here based on, probably, principles that were negotiated by the dollar, when I think of what the BCTF has done.

Until I se e a reciprocal agreement where the BCTF lives up to its obligation to give the $2 million that it's taken out of the classroom and out of taxpayers' pockets of British Columbia, I can't support this bill. [1545] K. Stewart: I would just like to have an opportunity to support this bill. One of the things in following through with the process th at we've undertaken with this bill is…. I did get quite a bit of response back from teachers I know when the bill was first introduced.

There seemed to be some misinformation out there with regard to the intent of this government, or what I perceive was the intent of this government, and also quite a bit of rhetoric from the more radical members of the teachers union with regards to what our inten- tions were. I believe it caused a lot of misinformation. I am also concerned about the funds that are left there owing to the citizens of British Columbia that they've had to cover through other areas — because it does take funds to operate these organizations — al- though it's not enough of a consideration for me to op- pose this bill.

I believe that in the true spirit in which this is intended to help overcome some of the past difficul- ties and areas of misinformation that were placed out…. I would surely hope that by this bill being passed by the government today, the logical people — which I presume and from what I've seen of the teachers I know is a vast majority of teachers — would view this as something that is not only good for the students, not only good for the teachers, not only good for the ad- ministrators, not only good for the school board but good for all people in future learning in British Colum- bia.

I would trust that shortly after the conclusion of this bill, if it is concluded in a positive way, the Teach- ers Federation will come forward with the funds that

11154 B RITISH COLUMBIA DEBATES M ONDAY, MAY 17, 2004 they've been withholding. It's on that assumption, which I know is a dangerous thing in this business, that I will be fully supporting this bill. Deputy Speaker: The Minister of Education closes debate on Bill 55. Hon. T. Christensen: It's been interesting, and I appreciate the words of other members in the House and the contribution to this debate.

It was interesting listening to the member for Vancouver–Mount Pleasant and her taking the opportunity of the discussion of the College of Teachers to list off her many complaints about public education in the province and, consistent with her practice, not offering any solutions. I know the member often likes to list off different numbers of what's happening in public education, but she never actually lists off what the most critical numbers are when we're looking at public education, and that's what the results are.

The results are — and this is likely why she doesn't tell the House this — that the completion rates are up for students completing high school. Aboriginal com- pletion rates are up. Provincial scholarships — we awarded 400 more provincial scholarships last year than we had in 2002. There are many indicators show- ing that students are actually doing much better in school. As I travel the province, I certainly see exem- plary practices going on in schools in districts right around the province.

I think it's always worth noting that we spend too much time focusing on the challenges, and we rarely spend the time we should focu sing on the fact that we have and continue to have one of the pre-eminent pub- lic education systems both in Canada and, in fact, in the world. People continue to come to British Columbia to see what we're doing here, and the innovations be- ing practised in public schools here, so they can take those ideas back to their own jurisdictions and copy them.

A number of other remarks that the member for Vancouver–Mount Pleasant made suggested that Bill 51 last year just came out of the blue — that the College of Teachers was ticking along, operating fine, and that, really, there was no need for government to act — and nothing could be further from the truth. As I indicated earlier, the College of Teachers had existed for 16 years without having developed standards of conduct for the profession.

That's the most fundamental thing that any self-governing professional body can do, yet for 16 years the College of Teachers hadn't managed to do that. [1550] There was a general lack of public confidence in the College of Teachers and confidence by the other educa- tion stakeholders. A lack of confidence was generated by the fact that the B.C.

Teachers Federation, the teach- ers union, chose to try and very deliberately exercise influence over the College of Teachers, resulting in a college that did not have that one thing which I men- tioned earlier that a college needs, and that is the con- fidence of the public. The college at that time didn't have a public complaint process, which is something that at a minimum we should expect from any self- governing profession moving forward. We have worked hard on this file over the course of the last year.

We have looked to develop a framework for a college of teachers that can serve the needs of the profession in a manner that protects the public interest. Moving forward, I'm confident that that is going to happen. The transitional college has drafted standards of competence that they are now out consulting on, and I emphasize that those are draft standards of compe- tence. The government certainly will be encouraging the newly elected college council to include the final standards in the college bylaws once that consultation is complete.

It's critical that as a self-governing profes- sion, the College of Teachers has appropriate standards of conduct. Government, as I said, has also heard very clearly that there must be a formal public complaint process for the college but also that that process needs to re- spect existing processes developed by individual schools and local school districts. Government will encourage the college to finalize a public complaint process that will be included in the college bylaws.

If those things are followed through on, I'm confident we will end up with a college of teachers that does have the respect of both the prof ession and British Columbi- ans all around this province. I think what the members of the opposition seem clearly not to grasp is the distinction that must be made between the College of Teachers and the British Columbia Teachers Federation. As the member for Nanaimo indicated, the British Columbia Teachers Federation serves a very legitimate and important purpose in serving its memb ers as a union. It has a role to play

Document details

Collection	British Columbia — Debates (Hansard)
Citation	h0517pm-14
Type	hansard
Volume / chapter	h0517pm 14
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a72b76e483360bd58262fee2aa95954b18c33a52

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